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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Sections 8-406 and 8-406.1 as follows:
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6 | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) | ||||||
7 | Sec. 8-406. Certificate of public convenience and | ||||||
8 | necessity. | ||||||
9 | (a) No public utility not owning any city or village
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10 | franchise nor engaged in performing any public service or in | ||||||
11 | furnishing any
product or commodity within this State as of | ||||||
12 | July 1, 1921 and not
possessing a certificate of
public | ||||||
13 | convenience and necessity from the Illinois Commerce | ||||||
14 | Commission,
the State Public Utilities Commission , or
the | ||||||
15 | Public Utilities Commission, at the time Public Act 84-617 | ||||||
16 | this amendatory Act of 1985 goes
into effect (January 1, | ||||||
17 | 1986) , shall transact any business in this State until it | ||||||
18 | shall have
obtained a certificate from the Commission that | ||||||
19 | public convenience and
necessity require the transaction of | ||||||
20 | such business. A certificate of public convenience and | ||||||
21 | necessity requiring the transaction of public utility business | ||||||
22 | in any area of this State shall include authorization to the | ||||||
23 | public utility receiving the certificate of public convenience |
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1 | and necessity to construct such plant, equipment, property, or | ||||||
2 | facility as is provided for under the terms and conditions of | ||||||
3 | its tariff and as is necessary to provide utility service and | ||||||
4 | carry out the transaction of public utility business by the | ||||||
5 | public utility in the designated area. | ||||||
6 | (b) No public utility shall begin the construction of any | ||||||
7 | new plant,
equipment, property , or facility which is not in | ||||||
8 | substitution of any
existing plant, equipment, property , or | ||||||
9 | facility , or any extension or
alteration thereof or in | ||||||
10 | addition thereto,
unless and until it shall have obtained from | ||||||
11 | the
Commission a certificate that public convenience and | ||||||
12 | necessity require such
construction. Whenever after a hearing | ||||||
13 | the Commission determines that any
new construction or the | ||||||
14 | transaction of any business by a public utility will
promote | ||||||
15 | the public convenience and is necessary thereto, it shall have | ||||||
16 | the
power to issue certificates of public convenience and | ||||||
17 | necessity. The
Commission shall determine that proposed | ||||||
18 | construction will promote the
public convenience and necessity | ||||||
19 | only if the utility demonstrates: (1) that the
proposed | ||||||
20 | construction is necessary to provide adequate, reliable, and
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21 | efficient service to its customers and is the
least-cost means | ||||||
22 | of
satisfying the service needs of its customers or that the | ||||||
23 | proposed construction will promote the development of an | ||||||
24 | effectively competitive electricity market that operates | ||||||
25 | efficiently, is equitable to all customers, and is the least | ||||||
26 | cost means of satisfying those objectives;
(2) that the |
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1 | utility is capable of efficiently managing and
supervising the | ||||||
2 | construction process and has taken sufficient action to
ensure | ||||||
3 | adequate and efficient construction and supervision thereof; | ||||||
4 | and (3)
that the utility is capable of financing the proposed | ||||||
5 | construction without
significant adverse financial | ||||||
6 | consequences for the utility or its
customers. | ||||||
7 | (b-5) As used in this subsection (b-5): | ||||||
8 | "Qualifying direct current applicant" means an entity that | ||||||
9 | seeks to provide direct current bulk transmission service for | ||||||
10 | the purpose of transporting electric energy in interstate | ||||||
11 | commerce. | ||||||
12 | "Qualifying direct current project" means a high voltage | ||||||
13 | direct current electric service line that crosses at least one | ||||||
14 | Illinois border, the Illinois portion of which is physically | ||||||
15 | located within the region of the Midcontinent Independent | ||||||
16 | System Operator, Inc., or its successor organization, and runs | ||||||
17 | through the counties of Pike, Scott, Greene, Macoupin, | ||||||
18 | Montgomery, Christian, Shelby, Cumberland, and Clark, is | ||||||
19 | capable of transmitting electricity at voltages of 345 | ||||||
20 | kilovolts 345kv or above, and may also include associated | ||||||
21 | interconnected alternating current interconnection facilities | ||||||
22 | in this State that are part of the proposed project and | ||||||
23 | reasonably necessary to connect the project with other | ||||||
24 | portions of the grid. | ||||||
25 | Notwithstanding any other provision of this Act, a | ||||||
26 | qualifying direct current applicant that does not own, |
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1 | control, operate, or manage, within this State, any plant, | ||||||
2 | equipment, or property used or to be used for the transmission | ||||||
3 | of electricity at the time of its application or of the | ||||||
4 | Commission's order may file an application on or before | ||||||
5 | December 31, 2023 with the Commission pursuant to this Section | ||||||
6 | or Section 8-406.1 for, and the Commission may grant, a | ||||||
7 | certificate of public convenience and necessity to construct, | ||||||
8 | operate, and maintain a qualifying direct current project. The | ||||||
9 | qualifying direct current applicant may also include in the | ||||||
10 | application requests for authority under Section 8-503. The | ||||||
11 | Commission shall grant the application for a certificate of | ||||||
12 | public convenience and necessity and requests for authority | ||||||
13 | under Section 8-503 if it finds that the qualifying direct | ||||||
14 | current applicant and the proposed qualifying direct current | ||||||
15 | project satisfy the requirements of this subsection and | ||||||
16 | otherwise satisfy the criteria of this Section or Section | ||||||
17 | 8-406.1 and the criteria of Section 8-503, as applicable to | ||||||
18 | the application and to the extent such criteria are not | ||||||
19 | superseded by the provisions of this subsection. The | ||||||
20 | Commission's order on the application for the certificate of | ||||||
21 | public convenience and necessity shall also include the | ||||||
22 | Commission's findings and determinations on the request or | ||||||
23 | requests for authority pursuant to Section 8-503. Prior to | ||||||
24 | filing its application under either this Section or Section | ||||||
25 | 8-406.1, the qualifying direct current applicant shall conduct | ||||||
26 | 3 public meetings in accordance with subsection (h) of this |
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1 | Section. If the qualifying direct current applicant | ||||||
2 | demonstrates in its application that the proposed qualifying | ||||||
3 | direct current project is designed to deliver electricity to a | ||||||
4 | point or points on the electric transmission grid in either or | ||||||
5 | both the PJM Interconnection, LLC or the Midcontinent | ||||||
6 | Independent System Operator, Inc., or their respective | ||||||
7 | successor organizations, the proposed qualifying direct | ||||||
8 | current project shall be deemed to be, and the Commission | ||||||
9 | shall find it to be, for public use. If the qualifying direct | ||||||
10 | current applicant further demonstrates in its application that | ||||||
11 | the proposed transmission project has a capacity of 1,000 | ||||||
12 | megawatts or larger and a voltage level of 345 kilovolts or | ||||||
13 | greater, the proposed transmission project shall be deemed to | ||||||
14 | satisfy, and the Commission shall find that it satisfies, the | ||||||
15 | criteria stated in item (1) of subsection (b) of this Section | ||||||
16 | or in paragraph (1) of subsection (f) of Section 8-406.1, as | ||||||
17 | applicable to the application, without the taking of | ||||||
18 | additional evidence on these criteria. Prior to the transfer | ||||||
19 | of functional control of any transmission assets to a regional | ||||||
20 | transmission organization, a qualifying direct current | ||||||
21 | applicant shall request Commission approval to join a regional | ||||||
22 | transmission organization in an application filed pursuant to | ||||||
23 | this subsection (b-5) or separately pursuant to Section 7-102 | ||||||
24 | of this Act. The Commission may grant permission to a | ||||||
25 | qualifying direct current applicant to join a regional | ||||||
26 | transmission organization if it finds that the membership, and |
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1 | associated transfer of functional control of transmission | ||||||
2 | assets, benefits Illinois customers in light of the attendant | ||||||
3 | costs and is otherwise in the public interest. Nothing in this | ||||||
4 | subsection (b-5) requires a qualifying direct current | ||||||
5 | applicant to join a regional transmission organization. | ||||||
6 | Nothing in this subsection (b-5) requires the owner or | ||||||
7 | operator of a high voltage direct current transmission line | ||||||
8 | that is not a qualifying direct current project to obtain a | ||||||
9 | certificate of public convenience and necessity to the extent | ||||||
10 | it is not otherwise required by this Section 8-406 or any other | ||||||
11 | provision of this Act. | ||||||
12 | (c) After September 11, 1987 ( the effective date of Public | ||||||
13 | Act 85-377) this amendatory Act of 1987 , no
construction shall | ||||||
14 | commence on any new nuclear
power plant to be located within | ||||||
15 | this State, and no certificate of public
convenience and | ||||||
16 | necessity or other authorization shall be issued therefor
by | ||||||
17 | the Commission, until the Director of the Illinois | ||||||
18 | Environmental
Protection Agency finds that the United States | ||||||
19 | Government, through its
authorized agency, has identified and | ||||||
20 | approved a demonstrable technology or
means for the disposal | ||||||
21 | of high level nuclear waste, or until such
construction has | ||||||
22 | been specifically approved by a statute enacted by the General
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23 | Assembly. | ||||||
24 | As used in this Section, "high level nuclear waste" means | ||||||
25 | those aqueous
wastes resulting from the operation of the first | ||||||
26 | cycle of the solvent
extraction system or equivalent and the |
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1 | concentrated wastes of the
subsequent extraction cycles or | ||||||
2 | equivalent in a facility for reprocessing
irradiated reactor | ||||||
3 | fuel and shall include spent fuel assemblies prior to
fuel | ||||||
4 | reprocessing. | ||||||
5 | (d) In making its determination under subsection (b) of | ||||||
6 | this Section, the Commission shall attach primary
weight to | ||||||
7 | the cost or cost savings to the customers of the utility. The
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8 | Commission may consider any or all factors which will or may | ||||||
9 | affect such
cost or cost savings, including the public | ||||||
10 | utility's engineering judgment regarding the materials used | ||||||
11 | for construction. | ||||||
12 | (e) The Commission may issue a temporary certificate which | ||||||
13 | shall remain
in force not to exceed one year in cases of | ||||||
14 | emergency, to assure maintenance
of adequate service or to | ||||||
15 | serve particular customers, without notice or
hearing, pending | ||||||
16 | the determination of an application for a certificate, and
may | ||||||
17 | by regulation exempt from the requirements of this Section | ||||||
18 | temporary
acts or operations for which the issuance of a | ||||||
19 | certificate will not be
required in the public interest. | ||||||
20 | A public utility shall not be required to obtain but may | ||||||
21 | apply for and
obtain a certificate of public convenience and | ||||||
22 | necessity pursuant to this
Section with respect to any matter | ||||||
23 | as to which it has received the
authorization or order of the | ||||||
24 | Commission under the Electric Supplier Act,
and any such | ||||||
25 | authorization or order granted a public utility by the
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26 | Commission under that Act shall as between public utilities be |
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1 | deemed to
be, and shall have except as provided in that Act the | ||||||
2 | same force and effect
as, a certificate of public convenience | ||||||
3 | and necessity issued pursuant to this
Section. | ||||||
4 | No electric cooperative shall be made or shall become a | ||||||
5 | party to or shall
be entitled to be heard or to otherwise | ||||||
6 | appear or participate in any
proceeding initiated under this | ||||||
7 | Section for authorization of power plant
construction and as | ||||||
8 | to matters as to which a remedy is available under the
Electric | ||||||
9 | Supplier Act. | ||||||
10 | (f) Such certificates may be altered or modified by the | ||||||
11 | Commission, upon
its own motion or upon application by the | ||||||
12 | person or corporation affected.
Unless exercised within a | ||||||
13 | period of 2 years from the grant thereof ,
authority conferred | ||||||
14 | by a certificate of convenience and necessity issued by
the | ||||||
15 | Commission shall be null and void. | ||||||
16 | No certificate of public convenience and necessity shall | ||||||
17 | be construed as
granting a monopoly or an exclusive privilege, | ||||||
18 | immunity or franchise. | ||||||
19 | (g) A public utility that undertakes any of the actions | ||||||
20 | described in items (1) through (3) of this subsection (g) or | ||||||
21 | that has obtained approval pursuant to Section 8-406.1 of this | ||||||
22 | Act shall not be required to comply with the requirements of | ||||||
23 | this Section to the extent such requirements otherwise would | ||||||
24 | apply. For purposes of this Section and Section 8-406.1 of | ||||||
25 | this Act, "high voltage electric service line" means an | ||||||
26 | electric line having a design voltage of 100,000 or more. For |
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1 | purposes of this subsection (g), a public utility may do any of | ||||||
2 | the following: | ||||||
3 | (1) replace or upgrade any existing high voltage | ||||||
4 | electric service line and related facilities, | ||||||
5 | notwithstanding its length; | ||||||
6 | (2) relocate any existing high voltage electric | ||||||
7 | service line and related facilities, notwithstanding its | ||||||
8 | length, to accommodate construction or expansion of a | ||||||
9 | roadway or other transportation infrastructure; or | ||||||
10 | (3) construct a high voltage electric service line and | ||||||
11 | related facilities that is constructed solely to serve a | ||||||
12 | single customer's premises or to provide a generator | ||||||
13 | interconnection to the public utility's transmission | ||||||
14 | system and that will pass under or over the premises owned | ||||||
15 | by the customer or generator to be served or under or over | ||||||
16 | premises for which the customer or generator has secured | ||||||
17 | the necessary right of way. | ||||||
18 | (h) A public utility seeking to construct a high-voltage | ||||||
19 | electric service line and related facilities (Project) must | ||||||
20 | show that the utility has held a minimum of 2 pre-filing public | ||||||
21 | meetings to receive public comment concerning the Project in | ||||||
22 | each county where the Project is to be located, no earlier than | ||||||
23 | 6 months prior to filing an application for a certificate of | ||||||
24 | public convenience and necessity from the Commission. Notice | ||||||
25 | of the public meeting shall be published in a newspaper of | ||||||
26 | general circulation within the affected county once a week for |
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1 | 3 consecutive weeks, beginning no earlier than one month prior | ||||||
2 | to the first public meeting. If the Project traverses 2 | ||||||
3 | contiguous counties and where in one county the transmission | ||||||
4 | line mileage and number of landowners over whose property the | ||||||
5 | proposed route traverses is one-fifth or less of the | ||||||
6 | transmission line mileage and number of such landowners of the | ||||||
7 | other county, then the utility may combine the 2 pre-filing | ||||||
8 | meetings in the county with the greater transmission line | ||||||
9 | mileage and affected landowners. All other requirements | ||||||
10 | regarding pre-filing meetings shall apply in both counties. | ||||||
11 | Notice of the public meeting, including a description of the | ||||||
12 | Project, must be provided in writing to the clerk of each | ||||||
13 | county where the Project is to be located. A representative of | ||||||
14 | the Commission shall be invited to each pre-filing public | ||||||
15 | meeting. | ||||||
16 | (i) For applications filed after August 18, 2015 ( the | ||||||
17 | effective date of Public Act 99-399) this amendatory Act of | ||||||
18 | the 99th General Assembly , the Commission shall , by certified | ||||||
19 | mail, registered mail notify each owner of record of land, as | ||||||
20 | identified in the records of the relevant county tax assessor, | ||||||
21 | included in the right-of-way over which the utility seeks in | ||||||
22 | its application to construct a high-voltage electric line of | ||||||
23 | the time and place scheduled for the initial hearing on the | ||||||
24 | public utility's application. The utility shall reimburse the | ||||||
25 | Commission for the cost of the postage and supplies incurred | ||||||
26 | for mailing the notice. |
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1 | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; | ||||||
2 | revised 10-21-21.)
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3 | (220 ILCS 5/8-406.1) | ||||||
4 | Sec. 8-406.1. Certificate of public convenience and | ||||||
5 | necessity; expedited procedure. | ||||||
6 | (a) A public utility may apply for a certificate of public | ||||||
7 | convenience and necessity pursuant to this Section for the | ||||||
8 | construction of any new high voltage electric service line and | ||||||
9 | related facilities (Project). To facilitate the expedited | ||||||
10 | review process of an application filed pursuant to this | ||||||
11 | Section, an application shall include all of the following: | ||||||
12 | (1) Information in support of the application that | ||||||
13 | shall include the following: | ||||||
14 | (A) A detailed description of the Project, | ||||||
15 | including location maps and plot plans to scale | ||||||
16 | showing all major components. | ||||||
17 | (B) The following engineering data: | ||||||
18 | (i) a detailed Project description including: | ||||||
19 | (I) name and destination of the Project; | ||||||
20 | (II) design voltage rating (kV); | ||||||
21 | (III) operating voltage rating (kV); and | ||||||
22 | (IV) normal peak operating current rating; | ||||||
23 | (ii) a conductor, structures, and substations | ||||||
24 | description including: | ||||||
25 | (I) conductor size and type; |
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1 | (II) type of structures; | ||||||
2 | (III) height of typical structures; | ||||||
3 | (IV) an explanation why these structures | ||||||
4 | were selected; | ||||||
5 | (V) dimensional drawings of the typical | ||||||
6 | structures to be used in the Project; and | ||||||
7 | (VI) a list of the names of all new (and | ||||||
8 | existing if applicable) substations or | ||||||
9 | switching stations that will be associated | ||||||
10 | with the proposed new high voltage electric | ||||||
11 | service line; | ||||||
12 | (iii) the location of the site and | ||||||
13 | right-of-way including: | ||||||
14 | (I) miles of right-of-way; | ||||||
15 | (II) miles of circuit; | ||||||
16 | (III) width of the right-of-way; and | ||||||
17 | (IV) a brief description of the area | ||||||
18 | traversed by the proposed high voltage | ||||||
19 | electric service line, including a description | ||||||
20 | of the general land uses in the area and the | ||||||
21 | type of terrain crossed by the proposed line; | ||||||
22 | (iv) assumptions, bases, formulae, and methods | ||||||
23 | used in the development and preparation of the | ||||||
24 | diagrams and accompanying data, and a technical | ||||||
25 | description providing the following information: | ||||||
26 | (I) number of circuits, with |
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1 | identification as to whether the circuit is | ||||||
2 | overhead or underground; | ||||||
3 | (II) the operating voltage and frequency; | ||||||
4 | and | ||||||
5 | (III) conductor size and type and number | ||||||
6 | of conductors per phase; | ||||||
7 | (v) if the proposed interconnection is an | ||||||
8 | overhead line, the following additional | ||||||
9 | information also must be provided: | ||||||
10 | (I) the wind and ice loading design | ||||||
11 | parameters; | ||||||
12 | (II) a full description and drawing of a | ||||||
13 | typical supporting structure, including | ||||||
14 | strength specifications; | ||||||
15 | (III) structure spacing with typical | ||||||
16 | ruling and maximum spans; | ||||||
17 | (IV) conductor (phase) spacing; and | ||||||
18 | (V) the designed line-to-ground and | ||||||
19 | conductor-side clearances; | ||||||
20 | (vi) if an underground or underwater | ||||||
21 | interconnection is proposed, the following | ||||||
22 | additional information also must be provided: | ||||||
23 | (I) burial depth; | ||||||
24 | (II) type of cable and a description of | ||||||
25 | any required supporting equipment, such as | ||||||
26 | insulation medium pressurizing or forced |
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1 | cooling; | ||||||
2 | (III) cathodic protection scheme; and | ||||||
3 | (IV) type of dielectric fluid and | ||||||
4 | safeguards used to limit potential spills in | ||||||
5 | waterways; | ||||||
6 | (vii) technical diagrams that provide | ||||||
7 | clarification of any item under this item (1) | ||||||
8 | should be included; and | ||||||
9 | (viii) applicant shall provide and identify a | ||||||
10 | primary right-of-way and one or more alternate | ||||||
11 | rights-of-way for the Project as part of the | ||||||
12 | filing. To the extent applicable, for each | ||||||
13 | right-of-way, an applicant shall provide the | ||||||
14 | information described in this subsection (a). Upon | ||||||
15 | a showing of good cause in its filing, an | ||||||
16 | applicant may be excused from providing and | ||||||
17 | identifying alternate rights-of-way. | ||||||
18 | (2) An application fee of $100,000, which shall be | ||||||
19 | paid into the Public Utility Fund at the time the Chief | ||||||
20 | Clerk of the Commission deems it complete and accepts the | ||||||
21 | filing. | ||||||
22 | (3) Information showing that the utility has held a | ||||||
23 | minimum of 3 pre-filing public meetings to receive public | ||||||
24 | comment concerning the Project in each county where the | ||||||
25 | Project is to be located, no earlier than 6 months prior to | ||||||
26 | the filing of the application. Notice of the public |
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1 | meeting shall be published in a newspaper of general | ||||||
2 | circulation within the affected county once a week for 3 | ||||||
3 | consecutive weeks, beginning no earlier than one month | ||||||
4 | prior to the first public meeting. If the Project | ||||||
5 | traverses 2 contiguous counties and where in one county | ||||||
6 | the transmission line mileage and number of landowners | ||||||
7 | over whose property the proposed route traverses is 1/5 or | ||||||
8 | less of the transmission line mileage and number of such | ||||||
9 | landowners of the other county, then the utility may | ||||||
10 | combine the 3 pre-filing meetings in the county with the | ||||||
11 | greater transmission line mileage and affected landowners. | ||||||
12 | All other requirements regarding pre-filing meetings shall | ||||||
13 | apply in both counties. Notice of the public meeting, | ||||||
14 | including a description of the Project, must be provided | ||||||
15 | in writing to the clerk of each county where the Project is | ||||||
16 | to be located. A representative of the Commission shall be | ||||||
17 | invited to each pre-filing public meeting. | ||||||
18 | For applications filed after the effective date of this | ||||||
19 | amendatory Act of the 99th General Assembly, the Commission | ||||||
20 | shall , by certified mail, registered mail notify each owner of | ||||||
21 | record of the land, as identified in the records of the | ||||||
22 | relevant county tax assessor, included in the primary or | ||||||
23 | alternate rights-of-way identified in the utility's | ||||||
24 | application of the time and place scheduled for the initial | ||||||
25 | hearing upon the public utility's application. The utility | ||||||
26 | shall reimburse the Commission for the cost of the postage and |
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1 | supplies incurred for mailing the notice. | ||||||
2 | (b) At the first status hearing the administrative law | ||||||
3 | judge shall set a schedule for discovery that shall take into | ||||||
4 | consideration the expedited nature of the proceeding. | ||||||
5 | (c) Nothing in this Section prohibits a utility from | ||||||
6 | requesting, or the Commission from approving, protection of | ||||||
7 | confidential or proprietary information under applicable law. | ||||||
8 | The public utility may seek confidential protection of any of | ||||||
9 | the information provided pursuant to this Section, subject to | ||||||
10 | Commission approval. | ||||||
11 | (d) The public utility shall publish notice of its | ||||||
12 | application in the official State newspaper within 10 days | ||||||
13 | following the date of the application's filing. | ||||||
14 | (e) The public utility shall establish a dedicated website | ||||||
15 | for the Project 3 weeks prior to the first public meeting and | ||||||
16 | maintain the website until construction of the Project is | ||||||
17 | complete. The website address shall be included in all public | ||||||
18 | notices. | ||||||
19 | (f) The Commission shall, after notice and hearing, grant | ||||||
20 | a certificate of public convenience and necessity filed in | ||||||
21 | accordance with the requirements of this Section if, based | ||||||
22 | upon the application filed with the Commission and the | ||||||
23 | evidentiary record, it finds the Project will promote the | ||||||
24 | public convenience and necessity and that all of the following | ||||||
25 | criteria are satisfied: | ||||||
26 | (1) That the Project is necessary to provide adequate, |
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1 | reliable, and efficient service to the public utility's | ||||||
2 | customers and is the least-cost means of satisfying the | ||||||
3 | service needs of the public utility's customers or that | ||||||
4 | the Project will promote the development of an effectively | ||||||
5 | competitive electricity market that operates efficiently, | ||||||
6 | is equitable to all customers, and is the least cost means | ||||||
7 | of satisfying those objectives. | ||||||
8 | (2) That the public utility is capable of efficiently | ||||||
9 | managing and supervising the construction process and has | ||||||
10 | taken sufficient action to ensure adequate and efficient | ||||||
11 | construction and supervision of the construction. | ||||||
12 | (3) That the public utility is capable of financing | ||||||
13 | the proposed construction without significant adverse | ||||||
14 | financial consequences for the utility or its customers. | ||||||
15 | (g) The Commission shall issue its decision with findings | ||||||
16 | of fact and conclusions of law granting or denying the | ||||||
17 | application no later than 150 days after the application is | ||||||
18 | filed. The Commission may extend the 150-day deadline upon | ||||||
19 | notice by an additional 75 days if, on or before the 30th day | ||||||
20 | after the filing of the application, the Commission finds that | ||||||
21 | good cause exists to extend the 150-day period. | ||||||
22 | (h) In the event the Commission grants a public utility's | ||||||
23 | application for a certificate pursuant to this Section, the | ||||||
24 | public utility shall pay a one-time construction fee to each | ||||||
25 | county in which the Project is constructed within 30 days | ||||||
26 | after the completion of construction. The construction fee |
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1 | shall be $20,000 per mile of high voltage electric service | ||||||
2 | line constructed in that county, or a proportionate fraction | ||||||
3 | of that fee. The fee shall be in lieu of any permitting fees | ||||||
4 | that otherwise would be imposed by a county. Counties | ||||||
5 | receiving a payment under this subsection (h) may distribute | ||||||
6 | all or portions of the fee to local taxing districts in that | ||||||
7 | county. | ||||||
8 | (i) Notwithstanding any other provisions of this Act, a | ||||||
9 | decision granting a certificate under this Section shall | ||||||
10 | include an order pursuant to Section 8-503 of this Act | ||||||
11 | authorizing or directing the construction of the high voltage | ||||||
12 | electric service line and related facilities as approved by | ||||||
13 | the Commission, in the manner and within the time specified in | ||||||
14 | said order.
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15 | (Source: P.A. 99-399, eff. 8-18-15.)
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