Illinois General Assembly - Full Text of Public Act 098-0191
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Public Act 098-0191


 

Public Act 0191 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0191
 
HB0576 EnrolledLRB098 03406 AMC 33421 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Utilities Act is amended by changing
Section 9-201 as follows:
 
    (220 ILCS 5/9-201)  (from Ch. 111 2/3, par. 9-201)
    Sec. 9-201. (a) Unless the Commission otherwise orders, and
except as otherwise provided in this Section, no change shall
be made by any public utility in any rate or other charge or
classification, or in any rule, regulation, practice or
contract relating to or affecting any rate or other charge,
classification or service, or in any privilege or facility,
except after 45 days' notice to the Commission and to the
public as herein provided. Such notice shall be given by filing
with the Commission and keeping open for public inspection new
schedules or supplements stating plainly the change or changes
to be made in the schedule or schedules then in force, and the
time when the change or changes will go into effect, and by
publication in a newspaper of general circulation or such other
notice to persons affected by such change as may be prescribed
by rule of the Commission. The Commission, for good cause
shown, may allow changes without requiring the 45 days' notice
herein provided for, by an order specifying the changes so to
be made and the time when they shall take effect and the manner
in which they shall be filed and published.
    When any change is proposed in any rate or other charge, or
classification, or in any rule, regulation, practice, or
contract relating to or affecting any rate or other charge,
classification or service, or in any privilege or facility,
such proposed change shall be plainly indicated on the new
schedule filed with the Commission, by some character to be
designated by the Commission, immediately preceding or
following the item.
    When any public utility providing water or sewer service
proposes any change in any rate or other charge, or
classification, or in any rule, regulation, practice, or
contract relating to or affecting any rate or other charge,
classification or service, or in any privilege or facility,
such utility shall, in addition to the other notice
requirements of this Act, provide notice of such change to all
customers potentially affected by including a notice and
description of such change, and of Commission procedures for
intervention, in the first bill sent to each such customer
after the filing of the proposed change.
    For water or sewer utilities with greater than 15,000 total
customers, the following notice requirements are applicable,
in addition to the other notice requirements of this Act:
        (1) As a separate bill insert, an initial notice in the
    first bill sent to all customers potentially affected by
    the proposed change after the filing of the proposed change
    shall include:
            (A) the approximate date when the change or changes
        shall go into effect assuming the Commission utilizes
        the 11-month process as described in this Section;
            (B) a statement indicating that the estimated bill
        impact may vary based on multiple factors, including,
        but not limited to, meter size, usage volume, and the
        fire protection district;
            (C) the water or sewer utility's customer service
        number or other number as may be appropriate where an
        authorized agent of the water or sewer utility can
        explain how the proposed increase might impact an
        individual customer's bill;
            (D) if the proposed change involves a change from a
        flat to a volumetric rate, an explanation of volumetric
        rate;
            (E) a reference to the water or sewer utility's
        website where customers can find tips on water
        conservation; and
            (F) for customers receiving both water and sewer
        service from a utility and if the customer has an
        option to install a separate meter for irrigation to
        mitigate sewer charges, an explanation of the water and
        sewer utility's and the customer's responsibilities
        for installation of a separate meter if such a change
        is approved.
        (2) A second notice to all customers shall be included
    on the first bill after the Commission suspends the tariffs
    initiating the rate case.
        (3) Final notice of such change shall be sent to all
    customers potentially affected by the proposed change by
    including information required under this paragraph (3)
    with the first bill after the effective date of the rates
    approved by the Final Order of the Commission in a rate
    case. The notice shall include the following:
            (A) the date when the change or changes went into
        effect;
            (B) the water or sewer utility's customer service
        number or other number as may be appropriate where an
        authorized agent of the water or sewer utility can
        explain how the proposed increase might impact an
        individual customer's bill;
            (C) an explanation that usage shall now be charged
        at a volumetric rate rather than a flat rate, if
        applicable;
            (D) a reference to the water or sewer utility's
        website where the customer can find tips on water
        conservation; and
            (E) for customers receiving both water and sewer
        service from a utility and if the customer has an
        option to install a separate meter for irrigation to
        mitigate sewer charges, an explanation of the water and
        sewer utility's and the customer's responsibilities
        for installation of a separate meter if such a change
        is approved.
    (b) Whenever there shall be filed with the Commission any
schedule stating an individual or joint rate or other charge,
classification, contract, practice, rule or regulation, the
Commission shall have power, and it is hereby given authority,
either upon complaint or upon its own initiative without
complaint, at once, and if it so orders, without answer or
other formal pleadings by the interested public utility or
utilities, but upon reasonable notice, to enter upon a hearing
concerning the propriety of such rate or other charge,
classification, contract, practice, rule or regulation, and
pending the hearing and decision thereon, such rate or other
charge, classification, contract, practice, rule or regulation
shall not go into effect. The period of suspension of such rate
or other charge, classification, contract, practice, rule or
regulation shall not extend more than 105 days beyond the time
when such rate or other charge, classification, contract,
practice, rule or regulation would otherwise go into effect
unless the Commission, in its discretion, extends the period of
suspension for a further period not exceeding 6 months.
    All rates or other charges, classifications, contracts,
practices, rules or regulations not so suspended shall, on the
expiration of 45 days from the time of filing the same with the
Commission, or of such lesser time as the Commission may grant,
go into effect and be the established and effective rates or
other charges, classifications, contracts, practices, rules
and regulations, subject to the power of the Commission, after
a hearing had on its own motion or upon complaint, as herein
provided, to alter or modify the same.
    Within 30 days after such changes have been authorized by
the Commission, copies of the new or revised schedules shall be
posted or filed in accordance with the terms of Section 9-103
of this Act, in such a manner that all changes shall be plainly
indicated. The Commission shall incorporate into the period of
suspension a review period of 4 business days during which the
Commission may review and determine whether the new or revised
schedules comply with the Commission's decision approving a
change to the public utility's rates. Such review period shall
not extend the suspension period by more than 2 days. Absent
notification to the contrary within the 4 business day period,
the new or revised schedules shall be deemed approved.
    (c) If the Commission enters upon a hearing concerning the
propriety of any proposed rate or other charge, classification,
contract, practice, rule or regulation, the Commission shall
establish the rates or other charges, classifications,
contracts, practices, rules or regulations proposed, in whole
or in part, or others in lieu thereof, which it shall find to
be just and reasonable. In such hearing, the burden of proof to
establish the justness and reasonableness of the proposed rates
or other charges, classifications, contracts, practices, rules
or regulations, in whole and in part, shall be upon the
utility. The utility, the staff of the Commission, the Attorney
General, or any party to a proceeding initiated under this
Section who has been granted intervenor status and submitted a
post-hearing brief must be given the opportunity to present
oral argument, if requested no later than the date for filing
exceptions, on the propriety of any proposed rate or other
charge, classification, contract, practice, rule, or
regulation. No rate or other charge, classification, contract,
practice, rule or regulation shall be found just and reasonable
unless it is consistent with Sections of this Article.
    (d) Except where compliance with Section 8-401 of this Act
is of urgent and immediate concern, no representative of a
public utility may discuss with a commissioner, commissioner's
assistant, or hearing examiner in a non-public setting a
planned filing for a general rate increase. If a public utility
makes a filing under this Section, then no substantive
communication by any such person with a commissioner,
commissioner's assistant or hearing examiner concerning the
filing is permitted until a notice of hearing has been issued.
After the notice of hearing has been issued, the only
communications by any such person with a commissioner,
commissioner's assistant, or hearing examiner concerning the
filing permitted are communications permitted under Section
10-103 of this Act. If any such communication does occur, then
within 5 days of the docket being initiated all details
relating to the communication shall be placed on the public
record of the proceeding. The record shall include any
materials, whether written, recorded, filmed, or graphic in
nature, produced or reproduced on any media, used in connection
with the communication. The record shall reflect the names of
all persons who transmitted, received, or were otherwise
involved in the communication, the duration of the
communication, and whether the communication occurred in
person or by other means. In the case of an oral communication,
the record shall also reflect the location or locations of all
persons involved in the communication and, if the communication
occurred by telephone, the telephone numbers for the callers
and recipients of the communication. A commissioner,
commissioner's assistant, or hearing examiner who is involved
in any such communication shall be recused from the affected
proceeding. The Commission, or any commissioner or hearing
examiner presiding over the proceeding shall, in the event of a
violation of this Section, take action necessary to ensure that
such violation does not prejudice any party or adversely affect
the fairness of the proceedings including dismissing the
affected proceeding. Nothing in this subsection (d) is intended
to preclude otherwise allowable updates on issues that may be
indirectly related to a general rate case filing because cost
recovery for the underlying activity may be requested. Such
updates may include, without limitation, issues related to
outages and restoration, credit ratings, security issuances,
reliability, Federal Energy Regulatory Commission matters,
Federal Communications Commission matters, regional
reliability organizations, consumer education, or labor
matters, provided that such updates may not include cost
recovery in a planned rate case.
(Source: P.A. 96-33, eff. 7-10-09.)

Effective Date: 1/1/2014