Bill Amendment: IL HB3941 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: UTILITIES-SURCHARGE REPEAL

Status: 2022-03-14 - Added Co-Sponsor Rep. Denyse Wang Stoneback [HB3941 Detail]

Download: Illinois-2021-HB3941-House_Amendment_001.html

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Rep. Joyce Mason

Filed: 1/27/2022

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AMENDMENT TO HOUSE BILL 3941
AMENDMENT NO. ______. Amend House Bill 3941 by replacing
everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by
changing Section 9-220.3 as follows:
(220 ILCS 5/9-220.3)
(Section scheduled to be repealed on December 31, 2023)
Sec. 9-220.3. Natural gas surcharges authorized.
(a) Tariff.
(1) Pursuant to Section 9-201 of this Act, a natural
gas utility serving more than 700,000 customers may file a
tariff for a surcharge which adjusts rates and charges to
provide for recovery of costs associated with investments
in qualifying infrastructure plant, independent of any
other matters related to the utility's revenue
requirement.

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(2) Within 30 days after the effective date of this
amendatory Act of the 98th General Assembly, the
Commission shall adopt emergency rules to implement the
provisions of this amendatory Act of the 98th General
Assembly. The utility may file with the Commission tariffs
implementing the provisions of this amendatory Act of the
98th General Assembly after the effective date of the
emergency rules authorized by subsection (i).
(3) The Commission shall issue an order approving, or
approving with modification to ensure compliance with this
Section, the tariff no later than 120 days after such
filing of the tariffs filed pursuant to this Section. The
utility shall have 7 days following the date of service of
the order to notify the Commission in writing whether it
will accept any modifications so identified in the order
or whether it has elected not to proceed with the tariff.
If the order includes no modifications or if the utility
notifies the Commission that it will accept such
modifications, the tariff shall take effect on the first
day of the calendar year in which the Commission issues
the order, subject to petitions for rehearing and
appellate procedures. After the tariff takes effect, the
utility may, upon 10 days' notice to the Commission, file
to withdraw the tariff at any time, and the Commission
shall approve such filing without suspension or hearing,
subject to a final reconciliation as provided in

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subsection (e) of this Section.
(4) When a natural gas utility withdraws the surcharge
tariff, the utility shall not recover any additional
charges through the surcharge approved pursuant to this
Section, subject to the resolution of the final
reconciliation pursuant to subsection (e) of this Section.
The utility's qualifying infrastructure investment net of
accumulated depreciation may be transferred to the natural
gas utility's rate base in the utility's next general rate
case. The utility's delivery base rates in effect upon
withdrawal of the surcharge tariff shall not be adjusted
at the time the surcharge tariff is withdrawn.
(5) A natural gas utility that is subject to its
delivery base rates being fixed at their current rates
pursuant to a Commission order entered in Docket No.
11-0046, notwithstanding the effective date of its tariff
authorized pursuant to this Section, shall reflect in a
tariff surcharge only those projects placed in service
after the fixed rate period of the merger agreement has
expired by its terms.
(b) For purposes of this Section, "qualifying
infrastructure plant" includes only plant additions placed in
service not reflected in the rate base used to establish the
utility's delivery base rates. "Costs associated with
investments in qualifying infrastructure plant" shall include
a return on qualifying infrastructure plant and recovery of

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depreciation and amortization expense on qualifying
infrastructure plant, net of the depreciation included in the
utility's base rates on any plant retired in conjunction with
the installation of the qualifying infrastructure plant.
Collectively the "qualifying infrastructure plant" and "costs
associated with investments in qualifying infrastructure
plant" are referred to as the "qualifying infrastructure
investment" and that are related to one or more of the
following:
(1) the installation of facilities to retire and
replace underground natural gas facilities, including
facilities appurtenant to facilities constructed of those
materials such as meters, regulators, and services, and
that are constructed of cast iron, wrought iron, ductile
iron, unprotected coated steel, unprotected bare steel,
mechanically coupled steel, copper, Cellulose Acetate
Butyrate (CAB) plastic, pre-1973 DuPont Aldyl "A"
polyethylene, PVC, or other types of materials identified
by a State or federal governmental agency as being prone
to leakage;
(2) the relocation of meters from inside customers'
facilities to outside;
(3) the upgrading of the gas distribution system from
a low pressure to a medium pressure system, including
installation of high-pressure facilities to support the
upgrade;

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(4) modernization investments by a combination
utility, as defined in subsection (b) of Section 16-108.5
of this Act, to install:
(A) advanced gas meters in connection with the
installation of advanced electric meters pursuant to
Sections 16-108.5 and 16-108.6 of this Act; and
(B) the communications hardware and software and
associated system software that creates a network
between advanced gas meters and utility business
systems and allows the collection and distribution of
gas-related information to customers and other parties
in addition to providing information to the utility
itself;
(5) replacing high-pressure transmission pipelines and
associated facilities identified as having a higher risk
of leakage or failure or installing or replacing
high-pressure transmission pipelines and associated
facilities to establish records and maximum allowable
operating pressures;
(6) replacing difficult to locate mains and service
pipes and associated facilities; and
(7) replacing or installing transmission and
distribution regulator stations, regulators, valves, and
associated facilities to establish over-pressure
protection.
With respect to the installation of the facilities

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identified in paragraph (1) of subsection (b) of this Section,
the natural gas utility shall determine priorities for such
installation with consideration of projects either: (i)
integral to a general government public facilities improvement
program or (ii) ranked in the highest risk categories in the
utility's most recent Distribution Integrity Management Plan
where removal or replacement is the remedial measure.
(c) Qualifying infrastructure investment, defined in
subsection (b) of this Section, recoverable through a tariff
authorized by subsection (a) of this Section, shall not
include costs or expenses incurred in the ordinary course of
business for the ongoing or routine operations of the utility,
including, but not limited to:
(1) operating and maintenance costs; and
(2) costs of facilities that are revenue-producing,
which means facilities that are constructed or installed
for the purpose of serving new customers.
(d) Gas utility commitments. A natural gas utility that
has in effect a natural gas surcharge tariff pursuant to this
Section shall:
(1) recognize that the General Assembly identifies
improved public safety and reliability of natural gas
facilities as the cornerstone upon which this Section is
designed, and qualifying projects should be encouraged,
selected, and prioritized based on these factors; and
(2) provide information to the Commission as requested

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to demonstrate that (i) the projects included in the
tariff are indeed qualifying projects and (ii) the
projects are selected and prioritized taking into account
improved public safety and reliability.
(3) The amount of qualifying infrastructure investment
eligible for recovery under the tariff in the applicable
calendar year is limited to the lesser of (i) the actual
qualifying infrastructure plant placed in service in the
applicable calendar year and (ii) the difference by which
total plant additions in the applicable calendar year
exceed the baseline amount, and subject to the limitation
in subsection (g) of this Section. A natural gas utility
can recover the costs of qualifying infrastructure
investments through an approved surcharge tariff from the
beginning of each calendar year subject to the
reconciliation initiated under paragraph (2) of subsection
(e) of this Section, during which the Commission may make
adjustments to ensure that the limits defined in this
paragraph are not exceeded. Further, if total plant
additions in a calendar year do not exceed the baseline
amount in the applicable calendar year, the Commission,
during the reconciliation initiated under paragraph (2) of
subsection (e) of this Section for the applicable calendar
year, shall adjust the amount of qualifying infrastructure
investment eligible for recovery under the tariff to zero.
(4) For purposes of this Section, "baseline amount"

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means an amount equal to the utility's average of total
depreciation expense, as reported on page 336, column (b)
of the utility's ILCC Form 21, for the calendar years 2006
through 2010.
(e) Review of investment.
(1) The amount of qualifying infrastructure investment
shall be shown on an Information Sheet supplemental to the
surcharge tariff and filed with the Commission monthly or
some other time period at the option of the utility. The
Information Sheet shall be accompanied by data showing the
calculation of the qualifying infrastructure investment
adjustment. Unless otherwise ordered by the Commission,
each qualifying infrastructure investment adjustment shown
on an Information Sheet shall become effective pursuant to
the utility's approved tariffs.
(2) For each calendar year in which a surcharge tariff
is in effect, the natural gas utility shall file a
petition with the Commission to initiate hearings to
reconcile amounts billed under each surcharge authorized
pursuant to this Section with the actual prudently
incurred costs recoverable under this tariff in the
preceding year. The petition filed by the natural gas
utility shall include testimony and schedules that support
the accuracy and the prudence of the qualifying
infrastructure investment for the calendar year being
reconciled. The petition filed shall also include the

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number of jobs attributable to the natural gas surcharge
tariff as required by rule. The review of the utility's
investment shall include identification and review of all
plant that was ranked within the highest risk categories
in that utility's most recent Distribution Integrity
Management Plan.
(f) The rate of return applied shall be the overall rate of
return authorized by the Commission in the utility's last gas
rate case.
(g) The cumulative amount of increases billed under the
surcharge, since the utility's most recent delivery service
rate order, shall not exceed an annual average 4% of the
utility's delivery base rate revenues, but shall not exceed
5.5% in any given year. On the effective date of new delivery
base rates, the surcharge shall be reduced to zero with
respect to qualifying infrastructure investment that is
transferred to the rate base used to establish the utility's
delivery base rates, provided that the utility may continue to
charge or refund any reconciliation adjustment determined
pursuant to subsection (e) of this Section.
(h) If a gas utility obtains a surcharge tariff under this
Section 9-220.3, then it and its affiliates are excused from
the rate case filing requirements contained in Sections
9-220(h) and 9-220(h-1). In the event a natural gas utility,
prior to the effective date of this amendatory Act of the 98th
General Assembly, made a rate case filing that is still

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pending on the effective date of this amendatory Act of the
98th General Assembly, the natural gas utility may, at the
time it files its surcharge tariff with the Commission, also
file a notice with the Commission to withdraw its rate case
filing. Any affiliate of such natural gas utility may also
file to withdraw its rate case filing. Upon receipt of such
notice, the Commission shall dismiss the rate case filing with
prejudice and such tariffs and the record related thereto
shall not be the subject of any further hearing,
investigation, or proceeding of any kind related to rates for
gas delivery services. Notwithstanding the foregoing, a
natural gas utility shall not be permitted to withdraw a rate
case filing for which a proposed order recommending a rate
reduction is pending. A natural gas utility shall not be
permitted to withdraw the gas delivery services tariffs that
are the subject of Commission Docket Nos. 12-0511/12-0512
(cons.). None of the costs incurred for the withdrawn rate
case are recoverable from ratepayers.
(i) The Commission shall promulgate rules and regulations
to carry out the provisions of this Section under the
emergency rulemaking provisions set forth in Section 5-45 of
the Illinois Administrative Procedure Act, and such emergency
rules shall be effective no later than 30 days after the
effective date of this amendatory Act of the 98th General
Assembly.
(j) This Section is repealed December 31, 2022 2023.

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(Source: P.A. 98-57, eff. 7-5-13.)".