State of Illinois
92nd General Assembly
Legislation

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92_SB0695

 
                                               LRB9205927JSpc

 1        AN ACT in relation to public utilities.

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

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

 6        (220 ILCS 5/16-125)
 7        Sec.  16-125.  Transmission  and distribution reliability
 8    requirements.
 9        (a)  To assure the reliable delivery  of  electricity  to
10    all  customers in this State and the effective implementation
11    of the provisions of  this  Article,  the  Commission  shall,
12    within  180 days of the effective date of this Article, adopt
13    rules  and  regulations  for  assessing  and   assuring   the
14    reliability  of the transmission and distribution systems and
15    facilities that are under the Commission's jurisdiction.
16        (b)  These rules and regulations shall  require  an  each
17    electric  utility  or  alternative  retail  electric supplier
18    owning,   controlling,   or   operating   transmission    and
19    distribution   facilities   and   equipment  subject  to  the
20    Commission's jurisdiction, referred to  in  this  Section  as
21    "jurisdictional  entities", to adopt and implement procedures
22    for  restoring  transmission  and  distribution  services  to
23    customers after transmission or  distribution  outages  on  a
24    nondiscriminatory  basis without regard to whether a customer
25    has chosen the electric utility, an affiliate of the electric
26    utility, or another entity as its provider of electric  power
27    and  energy.   These  rules  and regulations shall also, at a
28    minimum, specifically require each jurisdictional  entity  to
29    submit annually to the Commission.
30             (1)  the   number   and   duration  of  planned  and
31        unplanned outages during the prior year and their impacts
 
                            -2-                LRB9205927JSpc
 1        on customers;
 2             (2)  outages that were controllable and outages that
 3        were exacerbated in scope or duration by the condition of
 4        facilities, equipment or premises or by  the  actions  or
 5        inactions of operating personnel or agents;
 6             (3)  customer  service  interruptions  that were due
 7        solely to the actions  or  inactions  of  an  alternative
 8        retail electric supplier or a public utility in supplying
 9        power or energy;
10             (4)  a   detailed   report   of   the  age,  current
11        condition,   reliability   and   performance    of    the
12        jurisdictional   entity's   existing   transmission   and
13        distribution  facilities,  which  shall  include, without
14        limitation, the following data:
15                  (i)  a summary of the  jurisdictional  entity's
16             outages  and  voltage variances reportable under the
17             Commission's rules;
18                  (ii)  the jurisdictional entity's  expenditures
19             for  transmission  construction and maintenance, the
20             ratio of those expenditures  to  the  jurisdictional
21             entity's  transmission  investment,  and the average
22             remaining  depreciation  lives   of   the   entity's
23             transmission  facilities,  expressed as a percentage
24             of total depreciation lives;
25                  (iii)  the jurisdictional entity's expenditures
26             for distribution construction and  maintenance,  the
27             ratio  of  those  expenditures to the jurisdictional
28             entity's distribution investment,  and  the  average
29             remaining   depreciation   lives   of  the  entity's
30             distribution facilities, expressed as  a  percentage
31             of total depreciation lives;
32                  (iv)  a  customer satisfaction survey covering,
33             among other areas identified  in  Commission  rules,
34             reliability, customer service, and understandability
 
                            -3-                LRB9205927JSpc
 1             of  the jurisdictional entity's services and prices;
 2             and
 3                  (v)  the corresponding information, in the same
 4             format, for the previous 3 years, if available;
 5             (5)  a plan for future  investment  and  reliability
 6        improvements for the jurisdictional entity's transmission
 7        and  distribution  facilities  that will ensure continued
 8        reliable delivery of energy to customers and provide  the
 9        delivery   reliability   needed   for   fair   and   open
10        competition; and
11             (6)  a   report   of   the  jurisdictional  entity's
12        implementation of its plan filed pursuant to subparagraph
13        (5) for the previous reporting period.
14        (c)  The Commission rules shall set  forth  the  criteria
15    that  will  be  used  to  assess each jurisdictional entity's
16    annual report and evaluate its reliability performance.  Such
17    criteria must take into account,  at  a  minimum:  the  items
18    required  to  be  reported  in  subsection  (b); the relevant
19    characteristics of the area served; the age and condition  of
20    the  system's  equipment  and  facilities;  good  engineering
21    practices;  the  costs of potential actions; and the benefits
22    of avoiding the risks of service disruption.
23        (d)  At least every 3 years, beginning in  the  year  the
24    Commission issues the rules required by subsection (a) or the
25    following  year  if  the  rules  are issued after June 1, the
26    Commission  shall  assess   the   annual   report   of   each
27    jurisdictional    entity   and   evaluate   its   reliability
28    performance.   The  Commission's  evaluation  shall   include
29    specific  identification  of, and recommendations concerning,
30    any potential reliability problems that it has identified  as
31    a result of its evaluation.
32        (e)  In  the  event that more than 30,000 customers of an
33    electric  utility  are  subjected  to  a   continuous   power
34    interruption  of     4  hours  or  more  that  results in the
 
                            -4-                LRB9205927JSpc
 1    transmission of power  at  less  than  50%  of  the  standard
 2    voltage,  or  that  results  in    the  total  loss  of power
 3    transmission,  the  utility  shall  be      responsible   for
 4    compensating  customers  affected  by that interruption for 4
 5    hours or more for  all    actual  damages,  which  shall  not
 6    include  consequential   damages, suffered as a result of the
 7    power interruption.   The utility shall  also  reimburse  the
 8    affected  municipality,    county,  or  other  unit  of local
 9    government in which the power  interruption has  taken  place
10    for  all   emergency and contingency expenses incurred by the
11    unit of  local government as a result of the interruption.  A
12    waiver  of the requirements of this subsection may be granted
13    by the  Commission in instances in which the utility can show
14    that  the power interruption was a result of any  one or more
15    of the following causes:
16             (1)  Unpreventable damage due to weather  events  or
17        conditions.
18             (2)  Customer tampering.
19             (3)  Unpreventable    damage   due   to   civil   or
20        international unrest or animals.
21             (4) Damage to utility equipment or other actions  by
22        a  party  other  than the utility, its employees, agents,
23        or  contractors.
24    Loss of revenue and expenses incurred in complying with this
25    subsection may not be recovered from ratepayers.
26        (f)  In the event of a power surge or  other  fluctuation
27    that  causes  damage  and affects more than 30,000 customers,
28    the electric utility shall pay to    affected  customers  the
29    replacement  value  of  all goods  damaged as a result of the
30    power surge or other fluctuation  unless the utility can show
31    that the power surge or other  fluctuation was due to one  or
32    more of the following causes:
33             (1)  Unpreventable  damage  due to weather events or
34        conditions.
 
                            -5-                LRB9205927JSpc
 1             (2)  Customer tampering.
 2             (3)  Unpreventable   damage   due   to   civil    or
 3        international unrest or animals.
 4             (4)  Damage to utility equipment or other actions by
 5        a  party  other  than the utility, its employees, agents,
 6        or  contractors.
 7    Loss of revenue and expenses incurred in complying with this
 8    subsection may not be recovered from  ratepayers.   Customers
 9    with  respect  to  whom  a  waiver  has  been  granted by the
10    Commission pursuant to subparagraphs (1)-(4)  of  subsections
11    (e)  and  (f)  shall  not  count  toward the 30,000 customers
12    required therein.
13        (g)  Whenever an electric utility must perform    planned
14    or routine maintenance or repairs on its equipment  that will
15    result  in  transmission  of  power  at less than 50%  of the
16    standard voltage, loss of power, or power  fluctuation    (as
17    defined   in   subsection   (f)),   the  utility  shall  make
18    reasonable efforts to notify potentially  affected  customers
19    no  less  than  24  hours  in  advance  of performance of the
20    repairs or maintenance.
21        (h)  Remedies provided for  under  this  Section  may  be
22    sought  exclusively  through the Illinois Commerce Commission
23    as provided  under  Section  10-109  of  this  Act.   Damages
24    awarded under this Section for a power interruption shall be
25    limited   to   actual   damages,   which  shall  not  include
26    consequential damages, and litigation costs.   Damage  awards
27    may not be paid out of utility rate funds.
28        (i)  The provisions of this Section shall not in any way
29    diminish  or  replace  other civil or administrative remedies
30    available to a customer or a class of customers.
31        (j)  The Commission shall by  rule  require  an  electric
32    utility to maintain service records detailing  information on
33    each  instance  of transmission of power at  less than 50% of
34    the standard voltage, loss of power, or    power  fluctuation
 
                            -6-                LRB9205927JSpc
 1    (as  defined  in  subsection  (f)),  that  affects 10 or more
 2    customers.  Occurrences that are    momentary  shall  not  be
 3    required  to  be  recorded  or  reported.  The service record
 4    shall  include,  for  each   occurrence,   the      following
 5    information:
 6             (1)  The date.
 7             (2)  The time of occurrence.
 8             (3)  The duration of the incident.
 9             (4)  The number of customers affected.
10             (5)  A description of the cause.
11             (6)  The geographic area affected.
12             (7)  The   specific   equipment   involved   in  the
13        fluctuation or interruption.
14             (8)  A description  of  measures  taken  to  restore
15        service.
16             (9)  A  description  of measures taken to remedy the
17        cause of the power interruption or fluctuation.
18             (10)  A description of  measures  taken  to  prevent
19        future occurrence.
20             (11)  The  amount  of  remuneration, if any, paid to
21        affected customers.
22             (12)  A statement of whether the  fixed  charge  was
23        waived for affected customers.
24        Copies  of  the records containing this information shall
25    be available for public inspection at the utility's offices,
26    and copies thereof may be obtained upon payment of a fee not
27    exceeding the reasonable cost of  reproduction.   A  copy  of
28    each  record  shall be filed with the Commission and shall be
29    available for public inspection.  Copies of the  records  may
30    be   obtained  upon  payment  of  a  fee  not  exceeding  the
31    reasonable cost of reproduction.
32        (k)  The requirements of subsections (e) through  (j)  of
33    this  Section  shall apply only to an electric public utility
34    having 1,000,000 or more customers.
 
                            -7-                LRB9205927JSpc
 1    (Source: P.A. 90-561, eff. 12-16-97.)

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