State of Illinois
91st General Assembly
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91_HB3270

 
                                               LRB9112128JSpc

 1        AN ACT to amend the  Public  Utilities  Act  by  changing
 2    Section 16-125.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  Public  Utilities  Act  is  amended  by
 6    changing Section 16-125 as follows:

 7        (220 ILCS 5/16-125)
 8        Sec.  16-125.  Transmission  and distribution reliability
 9    requirements.
10        (a)  To assure the reliable delivery  of  electricity  to
11    all  customers in this State and the effective implementation
12    of the provisions of  this  Article,  the  Commission  shall,
13    within  180 days of the effective date of this Article, adopt
14    rules  and  regulations  for  assessing  and   assuring   the
15    reliability  of the transmission and distribution systems and
16    facilities that are under the Commission's jurisdiction.
17        (b)  These  rules  and  regulations  shall  require  each
18    electric utility  or  alternative  retail  electric  supplier
19    owning,    controlling,   or   operating   transmission   and
20    distribution  facilities  and  equipment   subject   to   the
21    Commission's  jurisdiction,  referred  to  in this Section as
22    "jurisdictional entities", to adopt and implement  procedures
23    for  restoring  transmission  and  distribution  services  to
24    customers  after  transmission  or  distribution outages on a
25    nondiscriminatory basis without regard to whether a  customer
26    has chosen the electric utility, an affiliate of the electric
27    utility,  or another entity as its provider of electric power
28    and energy.  These rules and regulations  shall  also,  at  a
29    minimum,  specifically  require each jurisdictional entity to
30    submit annually to the Commission.
31             (1)  the  number  and  duration   of   planned   and
 
                            -2-                LRB9112128JSpc
 1        unplanned outages during the prior year and their impacts
 2        on customers;
 3             (2)  outages that were controllable and outages that
 4        were exacerbated in scope or duration by the condition of
 5        facilities,  equipment  or  premises or by the actions or
 6        inactions of operating personnel or agents;
 7             (3)  customer service interruptions  that  were  due
 8        solely  to  the  actions  or  inactions of an alternative
 9        retail electric supplier or a public utility in supplying
10        power or energy;
11             (4)  a  detailed  report   of   the   age,   current
12        condition,    reliability    and   performance   of   the
13        jurisdictional   entity's   existing   transmission   and
14        distribution facilities,  which  shall  include,  without
15        limitation, the following data:
16                  (i)  a  summary  of the jurisdictional entity's
17             outages and voltage variances reportable  under  the
18             Commission's rules;
19                  (ii)  the  jurisdictional entity's expenditures
20             for transmission construction and  maintenance,  the
21             ratio  of  those  expenditures to the jurisdictional
22             entity's transmission investment,  and  the  average
23             remaining   depreciation   lives   of  the  entity's
24             transmission facilities, expressed as  a  percentage
25             of total depreciation lives;
26                  (iii)  the jurisdictional entity's expenditures
27             for  distribution  construction and maintenance, the
28             ratio of those expenditures  to  the  jurisdictional
29             entity's  distribution  investment,  and the average
30             remaining  depreciation  lives   of   the   entity's
31             distribution  facilities,  expressed as a percentage
32             of total depreciation lives;
33                  (iv)  a customer satisfaction survey  covering,
34             among  other  areas  identified in Commission rules,
 
                            -3-                LRB9112128JSpc
 1             reliability, customer service, and understandability
 2             of the jurisdictional entity's services and  prices;
 3             and
 4                  (v)  the corresponding information, in the same
 5             format, for the previous 3 years, if available;
 6             (5)  a  plan  for  future investment and reliability
 7        improvements for the jurisdictional entity's transmission
 8        and distribution facilities that  will  ensure  continued
 9        reliable  delivery of energy to customers and provide the
10        delivery   reliability   needed   for   fair   and   open
11        competition; and
12             (6)  a  report  of   the   jurisdictional   entity's
13        implementation of its plan filed pursuant to subparagraph
14        (5) for the previous reporting period.
15        (c)  The  Commission  rules  shall set forth the criteria
16    that will be used  to  assess  each  jurisdictional  entity's
17    annual report and evaluate its reliability performance.  Such
18    criteria  must  take  into  account,  at a minimum: the items
19    required to be  reported  in  subsection  (b);  the  relevant
20    characteristics  of the area served; the age and condition of
21    the  system's  equipment  and  facilities;  good  engineering
22    practices; the costs of potential actions; and  the  benefits
23    of avoiding the risks of service disruption.
24        (d)  At  least  every  3 years, beginning in the year the
25    Commission issues the rules required by subsection (a) or the
26    following year if the rules are  issued  after  June  1,  the
27    Commission   shall   assess   the   annual   report  of  each
28    jurisdictional   entity   and   evaluate   its    reliability
29    performance.    The  Commission's  evaluation  shall  include
30    specific  identification  of, and recommendations concerning,
31    any potential reliability problems that it has identified  as
32    a result of its evaluation.
33        (e)  In  the event that more than 500 30,000 customers of
34    an electric utility  are  subjected  to  a  continuous  power
 
                            -4-                LRB9112128JSpc
 1    interruption   of  4  hours  or  more  that  results  in  the
 2    transmission of power  at  less  than  50%  of  the  standard
 3    voltage,   or  that  results  in  the  total  loss  of  power
 4    transmission,  the   utility   shall   be   responsible   for
 5    compensating  customers  affected  by that interruption for 4
 6    hours or more for all actual damages, which shall not include
 7    consequential damages, suffered as  a  result  of  the  power
 8    interruption.   The utility shall also reimburse the affected
 9    municipality, county, or other unit of  local  government  in
10    which   the  power  interruption  has  taken  place  for  all
11    emergency and contingency expenses incurred by  the  unit  of
12    local  government  as a result of the interruption.  A waiver
13    of the requirements of this subsection may be granted by  the
14    Commission  in  instances  in which the utility can show that
15    the power interruption was a result of any one or more of the
16    following causes:
17             (1)  Unpreventable damage due to weather  events  or
18        conditions.
19             (2)  Customer tampering.
20             (3)  Unpreventable    damage   due   to   civil   or
21        international unrest or animals.
22             (4) Damage to utility equipment or other actions  by
23        a party other than the utility, its employees, agents, or
24        contractors.
25    Loss  of revenue and expenses incurred in complying with this
26    subsection may not be recovered from ratepayers.
27        (f)  In the event of a power surge or  other  fluctuation
28    that   causes   damage  and  affects  more  than  500  30,000
29    customers,  the  electric  utility  shall  pay  to   affected
30    customers  the  replacement  value  of all goods damaged as a
31    result of the power surge or  other  fluctuation  unless  the
32    utility  can  show  that the power surge or other fluctuation
33    was due to one or more of the following causes:
34             (1) Unpreventable damage due to  weather  events  or
 
                            -5-                LRB9112128JSpc
 1        conditions.
 2             (2)  Customer tampering.
 3             (3)  Unpreventable    damage   due   to   civil   or
 4        international unrest or animals.
 5             (4)  Damage to utility equipment or other actions by
 6        a party other than the utility, its employees, agents, or
 7        contractors.
 8    Loss of revenue and expenses incurred in complying with  this
 9    subsection  may  not be recovered from ratepayers.  Customers
10    with respect to  whom  a  waiver  has  been  granted  by  the
11    Commission  pursuant  to subparagraphs (1)-(4) of subsections
12    (e) and (f) shall not count toward the 500  30,000  customers
13    required therein.
14        (g)  Whenever an electric utility must perform planned or
15    routine  maintenance  or  repairs  on its equipment that will
16    result in transmission of power  at  less  than  50%  of  the
17    standard  voltage,  loss  of  power, or power fluctuation (as
18    defined in subsection (f)), the utility shall make reasonable
19    efforts to notify potentially affected customers no less than
20    24  hours  in  advance  of  performance  of  the  repairs  or
21    maintenance.
22        (h)  Remedies provided for  under  this  Section  may  be
23    sought  exclusively  through the Illinois Commerce Commission
24    as provided  under  Section  10-109  of  this  Act.   Damages
25    awarded  under this Section for a power interruption shall be
26    limited  to  actual  damages,   which   shall   not   include
27    consequential  damages,  and litigation costs.  Damage awards
28    may not be paid out of utility rate funds.
29        (i)  The provisions of this Section shall not in any  way
30    diminish  or  replace  other civil or administrative remedies
31    available to a customer or a class of customers.
32        (j)  The Commission shall by  rule  require  an  electric
33    utility  to maintain service records detailing information on
34    each instance of transmission of power at less  than  50%  of
 
                            -6-                LRB9112128JSpc
 1    the standard voltage, loss of power, or power fluctuation (as
 2    defined   in   subsection  (f)),  that  affects  10  or  more
 3    customers.  Occurrences  that  are  momentary  shall  not  be
 4    required  to  be  recorded  or  reported.  The service record
 5    shall   include,   for   each   occurrence,   the   following
 6    information:
 7             (1)  The date.
 8             (2)  The time of occurrence.
 9             (3)  The duration of the incident.
10             (4)  The number of customers affected.
11             (5)  A description of the cause.
12             (6)  The geographic area affected.
13             (7)  The  specific   equipment   involved   in   the
14        fluctuation or interruption.
15             (8)  A  description  of  measures  taken  to restore
16        service.
17             (9)  A description of measures taken to  remedy  the
18        cause of the power interruption or fluctuation.
19             (10)  A  description  of  measures  taken to prevent
20        future occurrence.
21             (11)  The amount of remuneration, if  any,  paid  to
22        affected customers.
23             (12)  A  statement  of  whether the fixed charge was
24        waived for affected customers.
25        Copies of the records containing this  information  shall
26    be  available for public inspection at the utility's offices,
27    and copies thereof may be obtained upon payment of a fee  not
28    exceeding  the  reasonable  cost  of reproduction.  A copy of
29    each record shall be filed with the Commission and  shall  be
30    available  for  public inspection.  Copies of the records may
31    be  obtained  upon  payment  of  a  fee  not  exceeding   the
32    reasonable cost of reproduction.
33        (k)  The  requirements  of subsections (e) through (j) of
34    this Section shall apply only to an electric  public  utility
 
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 1    having 1,000,000 or more customers.
 2    (Source: P.A. 90-561, eff. 12-16-97.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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