Bill Text: IL HB3975 | 2013-2014 | 98th General Assembly | Enrolled
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Enrolled - Dead) 2015-01-13 - Passed Both Houses [HB3975 Detail]
Download: Illinois-2013-HB3975-Enrolled.html
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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Section 16-108.5 as follows:
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6 | (220 ILCS 5/16-108.5) | ||||||
7 | Sec. 16-108.5. Infrastructure investment and | ||||||
8 | modernization; regulatory reform. | ||||||
9 | (a) (Blank). | ||||||
10 | (b) For purposes of this Section, "participating utility" | ||||||
11 | means an electric utility or a combination utility serving more | ||||||
12 | than 1,000,000 customers in Illinois that voluntarily elects | ||||||
13 | and commits to undertake (i) the infrastructure investment | ||||||
14 | program consisting of the commitments and obligations | ||||||
15 | described in this subsection (b) and (ii) the customer | ||||||
16 | assistance program consisting of the commitments and | ||||||
17 | obligations described in subsection (b-10) of this Section, | ||||||
18 | notwithstanding any other provisions of this Act and without | ||||||
19 | obtaining any approvals from the Commission or any other agency | ||||||
20 | other than as set forth in this Section, regardless of whether | ||||||
21 | any such approval would otherwise be required. "Combination | ||||||
22 | utility" means a utility that, as of January 1, 2011, provided | ||||||
23 | electric service to at least one million retail customers in |
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1 | Illinois and gas service to at least 500,000 retail customers | ||||||
2 | in Illinois. A participating utility shall recover the | ||||||
3 | expenditures made under the infrastructure investment program | ||||||
4 | through the ratemaking process, including, but not limited to, | ||||||
5 | the performance-based formula rate and process set forth in | ||||||
6 | this Section. | ||||||
7 | During the infrastructure investment program's peak | ||||||
8 | program year, a participating utility other than a combination | ||||||
9 | utility shall create 2,000 full-time equivalent jobs in | ||||||
10 | Illinois, and a participating utility that is a combination | ||||||
11 | utility shall create 450 full-time equivalent jobs in Illinois | ||||||
12 | related to the provision of electric service. These jobs shall | ||||||
13 | include direct jobs, contractor positions, and induced jobs, | ||||||
14 | but shall not include any portion of a job commitment, not | ||||||
15 | specifically contingent on an amendatory Act of the 97th | ||||||
16 | General Assembly becoming law, between a participating utility | ||||||
17 | and a labor union that existed on the effective date of this | ||||||
18 | amendatory Act of the 97th General Assembly and that has not | ||||||
19 | yet been fulfilled. A portion of the full-time equivalent jobs | ||||||
20 | created by each participating utility shall include | ||||||
21 | incremental personnel hired subsequent to the effective date of | ||||||
22 | this amendatory Act of the 97th General Assembly. For purposes | ||||||
23 | of this Section, "peak program year" means the consecutive | ||||||
24 | 12-month period with the highest number of full-time equivalent | ||||||
25 | jobs that occurs between the beginning of investment year 2 and | ||||||
26 | the end of investment year 4. |
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1 | A participating utility shall meet one of the following | ||||||
2 | commitments, as applicable: | ||||||
3 | (1) Beginning no later than 180 days after a | ||||||
4 | participating utility other than a combination utility | ||||||
5 | files a performance-based formula rate tariff pursuant to | ||||||
6 | subsection (c) of this Section, or, beginning no later than | ||||||
7 | January 1, 2012 if such utility files such | ||||||
8 | performance-based formula rate tariff within 14 days of the | ||||||
9 | effective date of this amendatory Act of the 97th General | ||||||
10 | Assembly, the participating utility shall, except as | ||||||
11 | provided in subsection (b-5): | ||||||
12 | (A) over a 5-year period, invest an estimated | ||||||
13 | $1,300,000,000 in electric system upgrades, | ||||||
14 | modernization projects, and training facilities, | ||||||
15 | including, but not limited to: | ||||||
16 | (i) distribution infrastructure improvements | ||||||
17 | totaling an estimated $1,000,000,000, including | ||||||
18 | underground residential distribution cable | ||||||
19 | injection and replacement and mainline cable | ||||||
20 | system refurbishment and replacement projects; | ||||||
21 | (ii) training facility construction or upgrade | ||||||
22 | projects totaling an estimated $10,000,000, | ||||||
23 | provided that, at a minimum, one such facility | ||||||
24 | shall be located in a municipality having a | ||||||
25 | population of more than 2 million residents and one | ||||||
26 | such facility shall be located in a municipality |
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1 | having a population of more than 150,000 residents | ||||||
2 | but fewer than 170,000 residents; any such new | ||||||
3 | facility located in a municipality having a | ||||||
4 | population of more than 2 million residents must be | ||||||
5 | designed for the purpose of obtaining, and the | ||||||
6 | owner of the facility shall apply for, | ||||||
7 | certification under the United States Green | ||||||
8 | Building Council's Leadership in Energy Efficiency | ||||||
9 | Design Green Building Rating System; | ||||||
10 | (iii) wood pole inspection, treatment, and | ||||||
11 | replacement programs; | ||||||
12 | (iv) an estimated $200,000,000 for reducing | ||||||
13 | the susceptibility of certain circuits to | ||||||
14 | storm-related damage, including, but not limited | ||||||
15 | to, high winds, thunderstorms, and ice storms; | ||||||
16 | improvements may include, but are not limited to, | ||||||
17 | overhead to underground conversion and other | ||||||
18 | engineered outcomes for circuits; the | ||||||
19 | participating utility shall prioritize the | ||||||
20 | selection of circuits based on each circuit's | ||||||
21 | historical susceptibility to storm-related damage | ||||||
22 | and the ability to provide the greatest customer | ||||||
23 | benefit upon completion of the improvements; to be | ||||||
24 | eligible for improvement, the participating | ||||||
25 | utility's ability to maintain proper tree | ||||||
26 | clearances surrounding the overhead circuit must |
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1 | not have
been impeded by third parties; and | ||||||
2 | (B) over a 10-year period, invest an estimated | ||||||
3 | $1,300,000,000 to upgrade and modernize its | ||||||
4 | transmission and distribution infrastructure and in | ||||||
5 | Smart Grid electric system upgrades, including, but | ||||||
6 | not limited to: | ||||||
7 | (i) additional smart meters; | ||||||
8 | (ii) distribution automation; | ||||||
9 | (iii) associated cyber secure data | ||||||
10 | communication network; and | ||||||
11 | (iv) substation micro-processor relay | ||||||
12 | upgrades. | ||||||
13 | (2) Beginning no later than 180 days after a | ||||||
14 | participating utility that is a combination utility files a | ||||||
15 | performance-based formula rate tariff pursuant to | ||||||
16 | subsection (c) of this Section, or, beginning no later than | ||||||
17 | January 1, 2012 if such utility files such | ||||||
18 | performance-based formula rate tariff within 14 days of the | ||||||
19 | effective date of this amendatory Act of the 97th General | ||||||
20 | Assembly, the participating utility shall, except as | ||||||
21 | provided in subsection (b-5): | ||||||
22 | (A) over a 10-year period, invest an estimated | ||||||
23 | $265,000,000 in electric system upgrades, | ||||||
24 | modernization projects, and training facilities, | ||||||
25 | including, but not limited to: | ||||||
26 | (i) distribution infrastructure improvements |
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1 | totaling an estimated $245,000,000, which may | ||||||
2 | include bulk supply substations, transformers, | ||||||
3 | reconductoring, and rebuilding overhead | ||||||
4 | distribution and sub-transmission lines, | ||||||
5 | underground residential distribution cable | ||||||
6 | injection and replacement and mainline cable | ||||||
7 | system refurbishment and replacement projects; | ||||||
8 | (ii) training facility construction or upgrade | ||||||
9 | projects totaling an estimated $1,000,000; any | ||||||
10 | such new facility must be designed for the purpose | ||||||
11 | of obtaining, and the owner of the facility shall | ||||||
12 | apply for, certification under the United States | ||||||
13 | Green Building Council's Leadership in Energy | ||||||
14 | Efficiency Design Green Building Rating System; | ||||||
15 | and | ||||||
16 | (iii) wood pole inspection, treatment, and | ||||||
17 | replacement programs; and | ||||||
18 | (B) over a 10-year period, invest an estimated | ||||||
19 | $360,000,000 to upgrade and modernize its transmission | ||||||
20 | and distribution infrastructure and in Smart Grid | ||||||
21 | electric system upgrades, including, but not limited | ||||||
22 | to: | ||||||
23 | (i) additional smart meters; | ||||||
24 | (ii) distribution automation; | ||||||
25 | (iii) associated cyber secure data | ||||||
26 | communication network; and |
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1 | (iv) substation micro-processor relay | ||||||
2 | upgrades. | ||||||
3 | For purposes of this Section, "Smart Grid electric system | ||||||
4 | upgrades" shall have the meaning set forth in subsection (a) of | ||||||
5 | Section 16-108.6 of this Act. | ||||||
6 | The investments in the infrastructure investment program | ||||||
7 | described in this subsection (b) shall be incremental to the | ||||||
8 | participating utility's annual capital investment program, as | ||||||
9 | defined by, for purposes of this subsection (b), the | ||||||
10 | participating utility's average capital spend for calendar | ||||||
11 | years 2008, 2009, and 2010 as reported in the applicable | ||||||
12 | Federal Energy Regulatory Commission (FERC) Form 1; provided | ||||||
13 | that where one or more utilities have merged, the average | ||||||
14 | capital spend shall be determined using the aggregate of the | ||||||
15 | merged utilities' capital spend reported in FERC Form 1 for the | ||||||
16 | years 2008, 2009, and 2010. A participating utility may add | ||||||
17 | reasonable construction ramp-up and ramp-down time to the | ||||||
18 | investment periods specified in this subsection (b). For each | ||||||
19 | such investment period, the ramp-up and ramp-down time shall | ||||||
20 | not exceed a total of 6 months. | ||||||
21 | Within 60 days after filing a tariff under subsection (c) | ||||||
22 | of this Section, a participating utility shall submit to the | ||||||
23 | Commission its plan, including scope, schedule, and staffing, | ||||||
24 | for satisfying its infrastructure investment program | ||||||
25 | commitments pursuant to this subsection (b). The submitted plan | ||||||
26 | shall include a schedule and staffing plan for the next |
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1 | calendar year. The plan shall also include a plan for the | ||||||
2 | creation, operation, and administration of a Smart Grid test | ||||||
3 | bed as described in subsection (c) of Section 16-108.8. The | ||||||
4 | plan need not allocate the work equally over the respective | ||||||
5 | periods, but should allocate material increments throughout | ||||||
6 | such periods commensurate with the work to be undertaken. No | ||||||
7 | later than April 1 of each subsequent year, the utility shall | ||||||
8 | submit to the Commission a report that includes any updates to | ||||||
9 | the plan, a schedule for the next calendar year, the | ||||||
10 | expenditures made for the prior calendar year and cumulatively, | ||||||
11 | and the number of full-time equivalent jobs created for the | ||||||
12 | prior calendar year and cumulatively. If the utility is | ||||||
13 | materially deficient in satisfying a schedule or staffing plan, | ||||||
14 | then the report must also include a corrective action plan to | ||||||
15 | address the deficiency. The fact that the plan, implementation | ||||||
16 | of the plan, or a schedule changes shall not imply the | ||||||
17 | imprudence or unreasonableness of the infrastructure | ||||||
18 | investment program, plan, or schedule. Further, no later than | ||||||
19 | 45 days following the last day of the first, second, and third | ||||||
20 | quarters of each year of the plan, a participating utility | ||||||
21 | shall submit to the Commission a verified quarterly report for | ||||||
22 | the prior quarter that includes (i) the total number of | ||||||
23 | full-time equivalent jobs created during the prior quarter, | ||||||
24 | (ii) the total number of employees as of the last day of the | ||||||
25 | prior quarter, (iii) the total number of full-time equivalent | ||||||
26 | hours in each job classification or job title, (iv) the total |
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1 | number of incremental employees and contractors in support of | ||||||
2 | the investments undertaken pursuant to this subsection (b) for | ||||||
3 | the prior quarter, and (v) any other information that the | ||||||
4 | Commission may require by rule. | ||||||
5 | With respect to the participating utility's peak job | ||||||
6 | commitment, if, after considering the utility's corrective | ||||||
7 | action plan and compliance thereunder, the Commission enters an | ||||||
8 | order finding, after notice and hearing, that a participating | ||||||
9 | utility did not satisfy its peak job commitment described in | ||||||
10 | this subsection (b) for reasons that are reasonably within its | ||||||
11 | control, then the Commission shall also determine, after | ||||||
12 | consideration of the evidence, including, but not limited to, | ||||||
13 | evidence submitted by the Department of Commerce and Economic | ||||||
14 | Opportunity and the utility, the deficiency in the number of | ||||||
15 | full-time equivalent jobs during the peak program year due to | ||||||
16 | such failure. The Commission shall notify the Department of any | ||||||
17 | proceeding that is initiated pursuant to this paragraph. For | ||||||
18 | each full-time equivalent job deficiency during the peak | ||||||
19 | program year that the Commission finds as set forth in this | ||||||
20 | paragraph, the participating utility shall, within 30 days | ||||||
21 | after the entry of the Commission's order, pay $6,000 to a fund | ||||||
22 | for training grants administered under Section 605-800 of The | ||||||
23 | Department of Commerce and Economic Opportunity Law, which | ||||||
24 | shall not be a recoverable expense. | ||||||
25 | With respect to the participating utility's investment | ||||||
26 | amount commitments, if, after considering the utility's |
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1 | corrective action plan and compliance thereunder, the | ||||||
2 | Commission enters an order finding, after notice and hearing, | ||||||
3 | that a participating utility is not satisfying its investment | ||||||
4 | amount commitments described in this subsection (b), then the | ||||||
5 | utility shall no longer be eligible to annually update the | ||||||
6 | performance-based formula rate tariff pursuant to subsection | ||||||
7 | (d) of this Section. In such event, the then current rates | ||||||
8 | shall remain in effect until such time as new rates are set | ||||||
9 | pursuant to Article IX of this Act, subject to retroactive | ||||||
10 | adjustment, with interest, to reconcile rates charged with | ||||||
11 | actual costs. | ||||||
12 | If the Commission finds that a participating utility is no | ||||||
13 | longer eligible to update the performance-based formula rate | ||||||
14 | tariff pursuant to subsection (d) of this Section, or the | ||||||
15 | performance-based formula rate is otherwise terminated, then | ||||||
16 | the participating utility's voluntary commitments and | ||||||
17 | obligations under this subsection (b) shall immediately | ||||||
18 | terminate, except for the utility's obligation to pay an amount | ||||||
19 | already owed to the fund for training grants pursuant to a | ||||||
20 | Commission order. | ||||||
21 | In meeting the obligations of this subsection (b), to the | ||||||
22 | extent feasible and consistent with State and federal law, the | ||||||
23 | investments under the infrastructure investment program should | ||||||
24 | provide employment opportunities for all segments of the | ||||||
25 | population and workforce, including minority-owned and | ||||||
26 | female-owned business enterprises, and shall not, consistent |
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1 | with State and federal law, discriminate based on race or | ||||||
2 | socioeconomic status. | ||||||
3 | (b-5) Nothing in this Section shall prohibit the Commission | ||||||
4 | from investigating the prudence and reasonableness of the | ||||||
5 | expenditures made under the infrastructure investment program | ||||||
6 | during the annual review required by subsection (d) of this | ||||||
7 | Section and shall, as part of such investigation, determine | ||||||
8 | whether the utility's actual costs under the program are | ||||||
9 | prudent and reasonable. The fact that a participating utility | ||||||
10 | invests more than the minimum amounts specified in subsection | ||||||
11 | (b) of this Section or its plan shall not imply imprudence or | ||||||
12 | unreasonableness. | ||||||
13 | If the participating utility finds that it is implementing | ||||||
14 | its plan for satisfying the infrastructure investment program | ||||||
15 | commitments described in subsection (b) of this Section at a | ||||||
16 | cost below the estimated amounts specified in subsection (b) of | ||||||
17 | this Section, then the utility may file a petition with the | ||||||
18 | Commission requesting that it be permitted to satisfy its | ||||||
19 | commitments by spending less than the estimated amounts | ||||||
20 | specified in subsection (b) of this Section. The Commission | ||||||
21 | shall, after notice and hearing, enter its order approving, or | ||||||
22 | approving as modified, or denying each such petition within 150 | ||||||
23 | days after the filing of the petition. | ||||||
24 | In no event, absent General Assembly approval, shall the | ||||||
25 | capital investment costs incurred by a participating utility | ||||||
26 | other than a combination utility in satisfying its |
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1 | infrastructure investment program commitments described in | ||||||
2 | subsection (b) of this Section exceed $3,000,000,000 or, for a | ||||||
3 | participating utility that is a combination utility, | ||||||
4 | $720,000,000. If the participating utility's updated cost | ||||||
5 | estimates for satisfying its infrastructure investment program | ||||||
6 | commitments described in subsection (b) of this Section exceed | ||||||
7 | the limitation imposed by this subsection (b-5), then it shall | ||||||
8 | submit a report to the Commission that identifies the increased | ||||||
9 | costs and explains the reason or reasons for the increased | ||||||
10 | costs no later than the year in which the utility estimates it | ||||||
11 | will exceed the limitation. The Commission shall review the | ||||||
12 | report and shall, within 90 days after the participating | ||||||
13 | utility files the report, report to the General Assembly its | ||||||
14 | findings regarding the participating utility's report. If the | ||||||
15 | General Assembly does not amend the limitation imposed by this | ||||||
16 | subsection (b-5), then the utility may modify its plan so as | ||||||
17 | not to exceed the limitation imposed by this subsection (b-5) | ||||||
18 | and may propose corresponding changes to the metrics | ||||||
19 | established pursuant to subparagraphs (5) through (8) of | ||||||
20 | subsection (f) of this Section, and the Commission may modify | ||||||
21 | the metrics and incremental savings goals established pursuant | ||||||
22 | to subsection (f) of this Section accordingly. | ||||||
23 | (b-10) All participating utilities shall make | ||||||
24 | contributions for an energy low-income and support program in | ||||||
25 | accordance with this subsection. Beginning no later than 180 | ||||||
26 | days after a participating utility files a performance-based |
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1 | formula rate tariff pursuant to subsection (c) of this Section, | ||||||
2 | or beginning no later than January 1, 2012 if such utility | ||||||
3 | files such performance-based formula rate tariff within 14 days | ||||||
4 | of the effective date of this amendatory Act of the 97th | ||||||
5 | General Assembly, and without obtaining any approvals from the | ||||||
6 | Commission or any other agency other than as set forth in this | ||||||
7 | Section, regardless of whether any such approval would | ||||||
8 | otherwise be required, a participating utility other than a | ||||||
9 | combination utility shall pay $10,000,000 per year for 5 years | ||||||
10 | and a participating utility that is a combination utility shall | ||||||
11 | pay $1,000,000 per year for 10 years to the energy low-income | ||||||
12 | and support program, which is intended to fund customer | ||||||
13 | assistance programs with the primary purpose being avoidance of
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14 | imminent disconnection. Such programs may include: | ||||||
15 | (1) a residential hardship program that may partner | ||||||
16 | with community-based
organizations, including senior | ||||||
17 | citizen organizations, and provides grants to low-income | ||||||
18 | residential customers, including low-income senior | ||||||
19 | citizens, who demonstrate a hardship; | ||||||
20 | (2) a program that provides grants and other bill | ||||||
21 | payment concessions to disabled veterans who demonstrate a | ||||||
22 | hardship and members of the armed services or reserve | ||||||
23 | forces of the United States or members of the Illinois | ||||||
24 | National Guard who are on active duty pursuant to an | ||||||
25 | executive order of the President of the United States, an | ||||||
26 | act of the Congress of the United States, or an order of |
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1 | the Governor and who demonstrate a
hardship; | ||||||
2 | (3) a budget assistance program that provides tools and | ||||||
3 | education to low-income senior citizens to assist them with | ||||||
4 | obtaining information regarding energy usage and
effective | ||||||
5 | means of managing energy costs; | ||||||
6 | (4) a non-residential special hardship program that | ||||||
7 | provides grants to non-residential customers such as small | ||||||
8 | businesses and non-profit organizations that demonstrate a | ||||||
9 | hardship, including those providing services to senior | ||||||
10 | citizen and low-income customers; and | ||||||
11 | (5) a performance-based assistance program that | ||||||
12 | provides grants to encourage residential customers to make | ||||||
13 | on-time payments by matching a portion of the customer's | ||||||
14 | payments or providing credits towards arrearages. | ||||||
15 | The payments made by a participating utility pursuant to | ||||||
16 | this subsection (b-10) shall not be a recoverable expense. A | ||||||
17 | participating utility may elect to fund either new or existing | ||||||
18 | customer assistance programs, including, but not limited to, | ||||||
19 | those that are administered by the utility. | ||||||
20 | Programs that use funds that are provided by a | ||||||
21 | participating utility to reduce utility bills may be | ||||||
22 | implemented through tariffs that are filed with and reviewed by | ||||||
23 | the Commission. If a utility elects to file tariffs with the | ||||||
24 | Commission to implement all or a portion of the programs, those | ||||||
25 | tariffs shall, regardless of the date actually filed, be deemed | ||||||
26 | accepted and approved, and shall become effective on the |
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1 | effective date of this amendatory Act of the 97th General | ||||||
2 | Assembly. The participating utilities whose customers benefit | ||||||
3 | from the funds that are disbursed as contemplated in this | ||||||
4 | Section shall file annual reports documenting the disbursement | ||||||
5 | of those funds with the Commission. The Commission has the | ||||||
6 | authority to audit disbursement of the funds to ensure they | ||||||
7 | were disbursed consistently with this Section. | ||||||
8 | If the Commission finds that a participating utility is no | ||||||
9 | longer eligible to update the performance-based formula rate | ||||||
10 | tariff pursuant to subsection (d) of this Section, or the | ||||||
11 | performance-based formula rate is otherwise terminated, then | ||||||
12 | the participating utility's voluntary commitments and | ||||||
13 | obligations under this subsection (b-10) shall immediately | ||||||
14 | terminate. | ||||||
15 | (c) A participating utility may elect to recover its | ||||||
16 | delivery services costs through a performance-based formula | ||||||
17 | rate approved by the Commission, which shall specify the cost | ||||||
18 | components that form the basis of the rate charged to customers | ||||||
19 | with sufficient specificity to operate in a standardized manner | ||||||
20 | and be updated annually with transparent information that | ||||||
21 | reflects the utility's actual costs to be recovered during the | ||||||
22 | applicable rate year, which is the period beginning with the | ||||||
23 | first billing day of January and extending through the last | ||||||
24 | billing day of the following December. In the event the utility | ||||||
25 | recovers a portion of its costs through automatic adjustment | ||||||
26 | clause tariffs on the effective date of this amendatory Act of |
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1 | the 97th General Assembly, the utility may elect to continue to | ||||||
2 | recover these costs through such tariffs, but then these costs | ||||||
3 | shall not be recovered through the performance-based formula | ||||||
4 | rate. In the event the participating utility, prior to the | ||||||
5 | effective date of this amendatory Act of the 97th General | ||||||
6 | Assembly, filed electric delivery services tariffs with the | ||||||
7 | Commission pursuant to Section 9-201 of this Act that are | ||||||
8 | related to the recovery of its electric delivery services costs | ||||||
9 | that are still pending on the effective date of this amendatory | ||||||
10 | Act of the 97th General Assembly, the participating utility | ||||||
11 | shall, at the time it files its performance-based formula rate | ||||||
12 | tariff with the Commission, also file a notice of withdrawal | ||||||
13 | with the Commission to withdraw the electric delivery services | ||||||
14 | tariffs previously filed pursuant to Section 9-201 of this Act. | ||||||
15 | Upon receipt of such notice, the Commission shall dismiss with | ||||||
16 | prejudice any docket that had been initiated to investigate the | ||||||
17 | electric delivery services tariffs filed pursuant to Section | ||||||
18 | 9-201 of this Act, and such tariffs and the record related | ||||||
19 | thereto shall not be the subject of any further hearing, | ||||||
20 | investigation, or proceeding of any kind related to rates for | ||||||
21 | electric delivery services. | ||||||
22 | The performance-based formula rate shall be implemented | ||||||
23 | through a tariff filed with the Commission consistent with the | ||||||
24 | provisions of this subsection (c) that shall be applicable to | ||||||
25 | all delivery services customers. The Commission shall initiate | ||||||
26 | and conduct an investigation of the tariff in a manner |
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1 | consistent with the provisions of this subsection (c) and the | ||||||
2 | provisions of Article IX of this Act to the extent they do not | ||||||
3 | conflict with this subsection (c). Except in the case where the | ||||||
4 | Commission finds, after notice and hearing, that a | ||||||
5 | participating utility is not satisfying its investment amount | ||||||
6 | commitments under subsection (b) of this Section, the | ||||||
7 | performance-based formula rate shall remain in effect at the | ||||||
8 | discretion of the utility. The performance-based formula rate | ||||||
9 | approved by the Commission shall do the following: | ||||||
10 | (1) Provide for the recovery of the utility's actual | ||||||
11 | costs of delivery services that are prudently incurred and | ||||||
12 | reasonable in amount consistent with Commission practice | ||||||
13 | and law. The sole fact that a cost differs from that | ||||||
14 | incurred in a prior calendar year or that an investment is | ||||||
15 | different from that made in a prior calendar year shall not | ||||||
16 | imply the imprudence or unreasonableness of that cost or | ||||||
17 | investment. | ||||||
18 | (2) Reflect the utility's actual year-end capital | ||||||
19 | structure for the applicable calendar year, excluding | ||||||
20 | goodwill, subject to a determination of prudence and | ||||||
21 | reasonableness consistent with Commission practice and | ||||||
22 | law. | ||||||
23 | (3) Include a cost of equity, which shall be calculated | ||||||
24 | as the sum of the following: | ||||||
25 | (A) the average for the applicable calendar year of | ||||||
26 | the monthly average yields of 30-year U.S. Treasury |
| |||||||
| |||||||
1 | bonds published by the Board of Governors of the | ||||||
2 | Federal Reserve System in its weekly H.15 Statistical | ||||||
3 | Release or successor publication; and | ||||||
4 | (B) 580 basis points. | ||||||
5 | At such time as the Board of Governors of the Federal | ||||||
6 | Reserve System ceases to include the monthly average yields | ||||||
7 | of 30-year U.S. Treasury bonds in its weekly H.15 | ||||||
8 | Statistical Release or successor publication, the monthly | ||||||
9 | average yields of the U.S. Treasury bonds then having the | ||||||
10 | longest duration published by the Board of Governors in its | ||||||
11 | weekly H.15 Statistical Release or successor publication | ||||||
12 | shall instead be used for purposes of this paragraph (3). | ||||||
13 | (4) Permit and set forth protocols, subject to a | ||||||
14 | determination of prudence and reasonableness consistent | ||||||
15 | with Commission practice and law, for the following: | ||||||
16 | (A) recovery of incentive compensation expense | ||||||
17 | that is based on the achievement of operational | ||||||
18 | metrics, including metrics related to budget controls, | ||||||
19 | outage duration and frequency, safety, customer | ||||||
20 | service, efficiency and productivity, and | ||||||
21 | environmental compliance. Incentive compensation | ||||||
22 | expense that is based on net income or an affiliate's | ||||||
23 | earnings per share shall not be recoverable under the | ||||||
24 | performance-based formula rate; | ||||||
25 | (B) recovery of pension and other post-employment | ||||||
26 | benefits expense, provided that such costs are |
| |||||||
| |||||||
1 | supported by an actuarial study; | ||||||
2 | (C) recovery of severance costs, provided that if | ||||||
3 | the amount is over $3,700,000 for a participating | ||||||
4 | utility that is a combination utility or $10,000,000 | ||||||
5 | for a participating utility that serves more than 3 | ||||||
6 | million retail customers, then the full amount shall be | ||||||
7 | amortized consistent with subparagraph (F) of this | ||||||
8 | paragraph (4); | ||||||
9 | (D) investment return at a rate equal to the | ||||||
10 | utility's weighted average cost of long-term debt, on | ||||||
11 | the pension assets as, and in the amount, reported in | ||||||
12 | Account 186 (or in such other Account or Accounts as | ||||||
13 | such asset may subsequently be recorded) of the | ||||||
14 | utility's most recently filed FERC Form 1, net of | ||||||
15 | deferred tax benefits; | ||||||
16 | (E) recovery of the expenses related to the | ||||||
17 | Commission proceeding under this subsection (c) to | ||||||
18 | approve this performance-based formula rate and | ||||||
19 | initial rates or to subsequent proceedings related to | ||||||
20 | the formula, provided that the recovery shall be | ||||||
21 | amortized over a 3-year period; recovery of expenses | ||||||
22 | related to the annual Commission proceedings under | ||||||
23 | subsection (d) of this Section to review the inputs to | ||||||
24 | the performance-based formula rate shall be expensed | ||||||
25 | and recovered through the performance-based formula | ||||||
26 | rate; |
| |||||||
| |||||||
1 | (F) amortization over a 5-year period of the full | ||||||
2 | amount of each charge or credit that exceeds $3,700,000 | ||||||
3 | for a participating utility that is a combination | ||||||
4 | utility or $10,000,000 for a participating utility | ||||||
5 | that serves more than 3 million retail customers in the | ||||||
6 | applicable calendar year and that relates to a | ||||||
7 | workforce reduction program's severance costs, changes | ||||||
8 | in accounting rules, changes in law, compliance with | ||||||
9 | any Commission-initiated audit, or a single storm or | ||||||
10 | other similar expense, provided that any unamortized | ||||||
11 | balance shall be reflected in rate base. For purposes | ||||||
12 | of this subparagraph (F), changes in law includes any | ||||||
13 | enactment, repeal, or amendment in a law, ordinance, | ||||||
14 | rule, regulation, interpretation, permit, license, | ||||||
15 | consent, or order, including those relating to taxes, | ||||||
16 | accounting, or to environmental matters, or in the | ||||||
17 | interpretation or application thereof by any | ||||||
18 | governmental authority occurring after the effective | ||||||
19 | date of this amendatory Act of the 97th General | ||||||
20 | Assembly; | ||||||
21 | (G) recovery of existing regulatory assets over | ||||||
22 | the periods previously authorized by the Commission; | ||||||
23 | (H) historical weather normalized billing | ||||||
24 | determinants; and | ||||||
25 | (I) allocation methods for common costs. | ||||||
26 | (5) Provide that if the participating utility's earned |
| |||||||
| |||||||
1 | rate of return on common equity related to the provision of | ||||||
2 | delivery services for the prior rate year (calculated using | ||||||
3 | costs and capital structure approved by the Commission as | ||||||
4 | provided in subparagraph (2) of this subsection (c), | ||||||
5 | consistent with this Section, in accordance with | ||||||
6 | Commission rules and orders, including, but not limited to, | ||||||
7 | adjustments for goodwill, and after any Commission-ordered | ||||||
8 | disallowances and taxes) is more than 50 basis points | ||||||
9 | higher than the rate of return on common equity calculated | ||||||
10 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
11 | adjusting for any penalties to the rate of return on common | ||||||
12 | equity applied pursuant to the performance metrics | ||||||
13 | provision of subsection (f) of this Section), then the | ||||||
14 | participating utility shall apply a credit through the | ||||||
15 | performance-based formula rate that reflects an amount | ||||||
16 | equal to the value of that portion of the earned rate of | ||||||
17 | return on common equity that is more than 50 basis points | ||||||
18 | higher than the rate of return on common equity calculated | ||||||
19 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
20 | adjusting for any penalties to the rate of return on common | ||||||
21 | equity applied pursuant to the performance metrics | ||||||
22 | provision of subsection (f) of this Section) for the prior | ||||||
23 | rate year, adjusted for taxes. If the participating | ||||||
24 | utility's earned rate of return on common equity related to | ||||||
25 | the provision of delivery services for the prior rate year | ||||||
26 | (calculated using costs and capital structure approved by |
| |||||||
| |||||||
1 | the Commission as provided in subparagraph (2) of this | ||||||
2 | subsection (c), consistent with this Section, in | ||||||
3 | accordance with Commission rules and orders, including, | ||||||
4 | but not limited to, adjustments for goodwill, and after any | ||||||
5 | Commission-ordered disallowances and taxes) is more than | ||||||
6 | 50 basis points less than the return on common equity | ||||||
7 | calculated pursuant to paragraph (3) of this subsection (c) | ||||||
8 | (after adjusting for any penalties to the rate of return on | ||||||
9 | common equity applied pursuant to the performance metrics | ||||||
10 | provision of subsection (f) of this Section), then the | ||||||
11 | participating utility shall apply a charge through the | ||||||
12 | performance-based formula rate that reflects an amount | ||||||
13 | equal to the value of that portion of the earned rate of | ||||||
14 | return on common equity that is more than 50 basis points | ||||||
15 | less than the rate of return on common equity calculated | ||||||
16 | pursuant to paragraph (3) of this subsection (c) (after | ||||||
17 | adjusting for any penalties to the rate of return on common | ||||||
18 | equity applied pursuant to the performance metrics | ||||||
19 | provision of subsection (f) of this Section) for the prior | ||||||
20 | rate year, adjusted for taxes. | ||||||
21 | (6) Provide for an annual reconciliation, as described | ||||||
22 | in subsection (d) of this Section, with interest, of the | ||||||
23 | revenue requirement reflected in rates for each calendar | ||||||
24 | year, beginning with the calendar year in which the utility | ||||||
25 | files its performance-based formula rate tariff pursuant | ||||||
26 | to subsection (c) of this Section, with what the revenue |
| |||||||
| |||||||
1 | requirement would have been had the actual cost information | ||||||
2 | for the applicable calendar year been available at the | ||||||
3 | filing date. | ||||||
4 | The utility shall file, together with its tariff, final | ||||||
5 | data based on its most recently filed FERC Form 1, plus | ||||||
6 | projected plant additions and correspondingly updated | ||||||
7 | depreciation reserve and expense for the calendar year in which | ||||||
8 | the tariff and data are filed, that shall populate the | ||||||
9 | performance-based formula rate and set the initial delivery | ||||||
10 | services rates under the formula. For purposes of this Section, | ||||||
11 | "FERC Form 1" means the Annual Report of Major Electric | ||||||
12 | Utilities, Licensees and Others that electric utilities are | ||||||
13 | required to file with the Federal Energy Regulatory Commission | ||||||
14 | under the Federal Power Act, Sections 3, 4(a), 304 and 209, | ||||||
15 | modified as necessary to be consistent with 83 Ill. Admin. Code | ||||||
16 | Part 415 as of May 1, 2011. Nothing in this Section is intended | ||||||
17 | to allow costs that are not otherwise recoverable to be | ||||||
18 | recoverable by virtue of inclusion in FERC Form 1. | ||||||
19 | After the utility files its proposed performance-based | ||||||
20 | formula rate structure and protocols and initial rates, the | ||||||
21 | Commission shall initiate a docket to review the filing. The | ||||||
22 | Commission shall enter an order approving, or approving as | ||||||
23 | modified, the performance-based formula rate, including the | ||||||
24 | initial rates, as just and reasonable within 270 days after the | ||||||
25 | date on which the tariff was filed, or, if the tariff is filed | ||||||
26 | within 14 days after the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 97th General Assembly, then by May 31, 2012. Such review | ||||||
2 | shall be based on the same evidentiary standards, including, | ||||||
3 | but not limited to, those concerning the prudence and | ||||||
4 | reasonableness of the costs incurred by the utility, the | ||||||
5 | Commission applies in a hearing to review a filing for a | ||||||
6 | general increase in rates under Article IX of this Act. The | ||||||
7 | initial rates shall take effect within 30 days after the | ||||||
8 | Commission's order approving the performance-based formula | ||||||
9 | rate tariff. | ||||||
10 | Until such time as the Commission approves a different rate | ||||||
11 | design and cost allocation pursuant to subsection (e) of this | ||||||
12 | Section, rate design and cost allocation across customer | ||||||
13 | classes shall be consistent with the Commission's most recent | ||||||
14 | order regarding the participating utility's request for a | ||||||
15 | general increase in its delivery services rates. | ||||||
16 | Subsequent changes to the performance-based formula rate | ||||||
17 | structure or protocols shall be made as set forth in Section | ||||||
18 | 9-201 of this Act, but nothing in this subsection (c) is | ||||||
19 | intended to limit the Commission's authority under Article IX | ||||||
20 | and other provisions of this Act to initiate an investigation | ||||||
21 | of a participating utility's performance-based formula rate | ||||||
22 | tariff, provided that any such changes shall be consistent with | ||||||
23 | paragraphs (1) through (6) of this subsection (c). Any change | ||||||
24 | ordered by the Commission shall be made at the same time new | ||||||
25 | rates take effect following the Commission's next order | ||||||
26 | pursuant to subsection (d) of this Section, provided that the |
| |||||||
| |||||||
1 | new rates take effect no less than 30 days after the date on | ||||||
2 | which the Commission issues an order adopting the change. | ||||||
3 | A participating utility that files a tariff pursuant to | ||||||
4 | this subsection (c) must submit a one-time $200,000 filing fee | ||||||
5 | at the time the Chief Clerk of the Commission accepts the | ||||||
6 | filing, which shall be a recoverable expense. | ||||||
7 | In the event the performance-based formula rate is | ||||||
8 | terminated, the then current rates shall remain in effect until | ||||||
9 | such time as new rates are set pursuant to Article IX of this | ||||||
10 | Act, subject to retroactive rate adjustment, with interest, to | ||||||
11 | reconcile rates charged with actual costs. At such time that | ||||||
12 | the performance-based formula rate is terminated, the | ||||||
13 | participating utility's voluntary commitments and obligations | ||||||
14 | under subsection (b) of this Section shall immediately | ||||||
15 | terminate, except for the utility's obligation to pay an amount | ||||||
16 | already owed to the fund for training grants pursuant to a | ||||||
17 | Commission order issued under subsection (b) of this Section. | ||||||
18 | (d) Subsequent to the Commission's issuance of an order | ||||||
19 | approving the utility's performance-based formula rate | ||||||
20 | structure and protocols, and initial rates under subsection (c) | ||||||
21 | of this Section, the utility shall file, on or before May 1 of | ||||||
22 | each year, with the Chief Clerk of the Commission its updated | ||||||
23 | cost inputs to the performance-based formula rate for the | ||||||
24 | applicable rate year and the corresponding new charges. Each | ||||||
25 | such filing shall conform to the following requirements and | ||||||
26 | include the following information: |
| |||||||
| |||||||
1 | (1) The inputs to the performance-based formula rate | ||||||
2 | for the applicable rate year shall be based on final | ||||||
3 | historical data reflected in the utility's most recently | ||||||
4 | filed annual FERC Form 1 plus projected plant additions and | ||||||
5 | correspondingly updated depreciation reserve and expense | ||||||
6 | for the calendar year in which the inputs are filed. The | ||||||
7 | filing shall also include a reconciliation of the revenue | ||||||
8 | requirement that was in effect for the prior rate year (as | ||||||
9 | set by the cost inputs for the prior rate year) with the | ||||||
10 | actual revenue requirement for the prior rate year | ||||||
11 | (determined using a year-end rate base) that uses amounts | ||||||
12 | reflected in the applicable FERC Form 1 that reports the | ||||||
13 | actual costs for the prior rate year. Any over-collection | ||||||
14 | or under-collection indicated by such reconciliation shall | ||||||
15 | be reflected as a credit against, or recovered as an | ||||||
16 | additional charge to, respectively, with interest | ||||||
17 | calculated at a rate equal to the utility's weighted | ||||||
18 | average cost of capital approved by the Commission for the | ||||||
19 | prior rate year, the charges for the applicable rate year. | ||||||
20 | Provided, however, that the first such reconciliation | ||||||
21 | shall be for the calendar year in which the utility files | ||||||
22 | its performance-based formula rate tariff pursuant to | ||||||
23 | subsection (c) of this Section and shall reconcile (i) the | ||||||
24 | revenue requirement or requirements established by the | ||||||
25 | rate order or orders in effect from time to time during | ||||||
26 | such calendar year (weighted, as applicable) with (ii) the |
| |||||||
| |||||||
1 | revenue requirement determined using a year-end rate base | ||||||
2 | for that calendar year calculated pursuant to the | ||||||
3 | performance-based formula rate using (A) actual costs for | ||||||
4 | that year as reflected in the applicable FERC Form 1, and | ||||||
5 | (B) for the first such reconciliation only, the cost of | ||||||
6 | equity, which shall be calculated as the sum of 590 basis | ||||||
7 | points plus the average for the applicable calendar year of | ||||||
8 | the monthly average yields of 30-year U.S. Treasury bonds | ||||||
9 | published by the Board of Governors of the Federal Reserve | ||||||
10 | System in its weekly H.15 Statistical Release or successor | ||||||
11 | publication. The first such reconciliation is not intended | ||||||
12 | to provide for the recovery of costs previously excluded | ||||||
13 | from rates based on a prior Commission order finding of | ||||||
14 | imprudence or unreasonableness. Each reconciliation shall | ||||||
15 | be certified by the participating utility in the same | ||||||
16 | manner that FERC Form 1 is certified. The filing shall also | ||||||
17 | include the charge or credit, if any, resulting from the | ||||||
18 | calculation required by paragraph (6) of subsection (c) of | ||||||
19 | this Section. | ||||||
20 | Notwithstanding anything that may be to the contrary, | ||||||
21 | the intent of the reconciliation is to ultimately reconcile | ||||||
22 | the revenue requirement reflected in rates for each | ||||||
23 | calendar year, beginning with the calendar year in which | ||||||
24 | the utility files its performance-based formula rate | ||||||
25 | tariff pursuant to subsection (c) of this Section, with | ||||||
26 | what the revenue requirement determined using a year-end |
| |||||||
| |||||||
1 | rate base for the applicable calendar year would have been | ||||||
2 | had the actual cost information for the applicable calendar | ||||||
3 | year been available at the filing date. | ||||||
4 | (2) The new charges shall take effect beginning on the | ||||||
5 | first billing day of the following January billing period | ||||||
6 | and remain in effect through the last billing day of the | ||||||
7 | next December billing period regardless of whether the | ||||||
8 | Commission enters upon a hearing pursuant to this | ||||||
9 | subsection (d). | ||||||
10 | (3) The filing shall include relevant and necessary | ||||||
11 | data and documentation for the applicable rate year that is | ||||||
12 | consistent with the Commission's rules applicable to a | ||||||
13 | filing for a general increase in rates or any rules adopted | ||||||
14 | by the Commission to implement this Section. Normalization | ||||||
15 | adjustments shall not be required. Notwithstanding any | ||||||
16 | other provision of this Section or Act or any rule or other | ||||||
17 | requirement adopted by the Commission, a participating | ||||||
18 | utility that is a combination utility with more than one | ||||||
19 | rate zone shall not be required to file a separate set of | ||||||
20 | such data and documentation for each rate zone and may | ||||||
21 | combine such data and documentation into a single set of | ||||||
22 | schedules. | ||||||
23 | Within 45 days after the utility files its annual update of | ||||||
24 | cost inputs to the performance-based formula rate, the | ||||||
25 | Commission shall have the authority, either upon complaint or | ||||||
26 | its own initiative, but with reasonable notice, to enter upon a |
| |||||||
| |||||||
1 | hearing concerning the prudence and reasonableness of the costs | ||||||
2 | incurred by the utility to be recovered during the applicable | ||||||
3 | rate year that are reflected in the inputs to the | ||||||
4 | performance-based formula rate derived from the utility's FERC | ||||||
5 | Form 1. During the course of the hearing, each objection shall | ||||||
6 | be stated with particularity and evidence provided in support | ||||||
7 | thereof, after which the utility shall have the opportunity to | ||||||
8 | rebut the evidence. Discovery shall be allowed consistent with | ||||||
9 | the Commission's Rules of Practice, which Rules shall be | ||||||
10 | enforced by the Commission or the assigned hearing examiner. | ||||||
11 | The Commission shall apply the same evidentiary standards, | ||||||
12 | including, but not limited to, those concerning the prudence | ||||||
13 | and reasonableness of the costs incurred by the utility, in the | ||||||
14 | hearing as it would apply in a hearing to review a filing for a | ||||||
15 | general increase in rates under Article IX of this Act. The | ||||||
16 | Commission shall not, however, have the authority in a | ||||||
17 | proceeding under this subsection (d) to consider or order any | ||||||
18 | changes to the structure or protocols of the performance-based | ||||||
19 | formula rate approved pursuant to subsection (c) of this | ||||||
20 | Section. In a proceeding under this subsection (d), the | ||||||
21 | Commission shall enter its order no later than the earlier of | ||||||
22 | 240 days after the utility's filing of its annual update of | ||||||
23 | cost inputs to the performance-based formula rate or December | ||||||
24 | 31. The Commission's determinations of the prudence and | ||||||
25 | reasonableness of the costs incurred for the applicable | ||||||
26 | calendar year shall be final upon entry of the Commission's |
| |||||||
| |||||||
1 | order and shall not be subject to reopening, reexamination, or | ||||||
2 | collateral attack in any other Commission proceeding, case, | ||||||
3 | docket, order, rule or regulation, provided, however, that | ||||||
4 | nothing in this subsection (d) shall prohibit a party from | ||||||
5 | petitioning the Commission to rehear or appeal to the courts | ||||||
6 | the order pursuant to the provisions of this Act. | ||||||
7 | In the event the Commission does not, either upon complaint | ||||||
8 | or its own initiative, enter upon a hearing within 45 days | ||||||
9 | after the utility files the annual update of cost inputs to its | ||||||
10 | performance-based formula rate, then the costs incurred for the | ||||||
11 | applicable calendar year shall be deemed prudent and | ||||||
12 | reasonable, and the filed charges shall not be subject to | ||||||
13 | reopening, reexamination, or collateral attack in any other | ||||||
14 | proceeding, case, docket, order, rule, or regulation. | ||||||
15 | A participating utility's first filing of the updated cost | ||||||
16 | inputs, and any Commission investigation of such inputs | ||||||
17 | pursuant to this subsection (d) shall proceed notwithstanding | ||||||
18 | the fact that the Commission's investigation under subsection | ||||||
19 | (c) of this Section is still pending and notwithstanding any | ||||||
20 | other law, order, rule, or Commission practice to the contrary. | ||||||
21 | (e) Nothing in subsections (c) or (d) of this Section shall | ||||||
22 | prohibit the Commission from investigating, or a participating | ||||||
23 | utility from filing, revenue-neutral tariff changes related to | ||||||
24 | rate design of a performance-based formula rate that has been | ||||||
25 | placed into effect for the utility. Following approval of a | ||||||
26 | participating utility's performance-based formula rate tariff |
| |||||||
| |||||||
1 | pursuant to subsection (c) of this Section, the utility shall | ||||||
2 | make a filing with the Commission within one year after the | ||||||
3 | effective date of the performance-based formula rate tariff | ||||||
4 | that proposes changes to the tariff to incorporate the findings | ||||||
5 | of any final rate design orders of the Commission applicable to | ||||||
6 | the participating utility and entered subsequent to the | ||||||
7 | Commission's approval of the tariff. The Commission shall, | ||||||
8 | after notice and hearing, enter its order approving, or | ||||||
9 | approving with modification, the proposed changes to the | ||||||
10 | performance-based formula rate tariff within 240 days after the | ||||||
11 | utility's filing. Following such approval, the utility shall | ||||||
12 | make a filing with the Commission during each subsequent 3-year | ||||||
13 | period that either proposes revenue-neutral tariff changes or | ||||||
14 | re-files the existing tariffs without change, which shall | ||||||
15 | present the Commission with an opportunity to suspend the | ||||||
16 | tariffs and consider revenue-neutral tariff changes related to | ||||||
17 | rate design. | ||||||
18 | (f) Within 30 days after the filing of a tariff pursuant to | ||||||
19 | subsection (c) of this Section, each participating utility | ||||||
20 | shall develop and file with the Commission multi-year metrics | ||||||
21 | designed to achieve, ratably (i.e., in equal segments) over a | ||||||
22 | 10-year period, improvement over baseline performance values | ||||||
23 | as follows: | ||||||
24 | (1) Twenty percent improvement in the System Average | ||||||
25 | Interruption Frequency Index, using a baseline of the | ||||||
26 | average of the data from 2001 through 2010. |
| |||||||
| |||||||
1 | (2) Fifteen percent improvement in the system Customer | ||||||
2 | Average Interruption Duration Index, using a baseline of | ||||||
3 | the average of the data from 2001 through 2010. | ||||||
4 | (3) For a participating utility other than a | ||||||
5 | combination utility, 20% improvement in the System Average | ||||||
6 | Interruption Frequency Index for its Southern Region, | ||||||
7 | using a baseline of the average of the data from 2001 | ||||||
8 | through 2010. For purposes of this paragraph (3), Southern | ||||||
9 | Region shall have the meaning set forth in the | ||||||
10 | participating utility's most recent report filed pursuant | ||||||
11 | to Section 16-125 of this Act. | ||||||
12 | (3.5) For a participating utility other than a | ||||||
13 | combination utility, 20% improvement in the System Average | ||||||
14 | Interruption Frequency Index for its Northeastern Region, | ||||||
15 | using a baseline of the average of the data from 2001 | ||||||
16 | through 2010. For purposes of this paragraph (3.5), | ||||||
17 | Northeastern Region shall have the meaning set forth in the | ||||||
18 | participating utility's most recent report filed pursuant | ||||||
19 | to Section 16-125 of this Act. | ||||||
20 | (4) Seventy-five percent improvement in the total | ||||||
21 | number of customers who exceed the service reliability | ||||||
22 | targets as set forth in subparagraphs (A) through (C) of | ||||||
23 | paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part | ||||||
24 | 411.140 as of May 1, 2011, using 2010 as the baseline year. | ||||||
25 | (5) Reduction in issuance of estimated electric bills: | ||||||
26 | 90% improvement for a participating utility other than a |
| |||||||
| |||||||
1 | combination utility, and 56% improvement for a | ||||||
2 | participating utility that is a combination utility, using | ||||||
3 | a baseline of the average number of estimated bills for the | ||||||
4 | years 2008 through 2010. | ||||||
5 | (6) Consumption on inactive meters: 90% improvement | ||||||
6 | for a participating utility other than a combination | ||||||
7 | utility, and 56% improvement for a participating utility | ||||||
8 | that is a combination utility, using a baseline of the | ||||||
9 | average unbilled kilowatthours for the years 2009 and 2010. | ||||||
10 | (7) Unaccounted for energy: 50% improvement for a | ||||||
11 | participating utility other than a combination utility | ||||||
12 | using a baseline of the non-technical line loss unaccounted | ||||||
13 | for energy kilowatthours for the year 2009. | ||||||
14 | (8) Uncollectible expense: reduce uncollectible | ||||||
15 | expense by at least $30,000,000 for a participating utility | ||||||
16 | other than a combination utility and by at least $3,500,000 | ||||||
17 | for a participating utility that is a combination utility, | ||||||
18 | using a baseline of the average uncollectible expense for | ||||||
19 | the years 2008 through 2010. | ||||||
20 | (9) Opportunities for minority-owned and female-owned | ||||||
21 | business enterprises: design a performance metric | ||||||
22 | regarding the creation of opportunities for minority-owned | ||||||
23 | and female-owned business enterprises consistent with | ||||||
24 | State and federal law using a base performance value of the | ||||||
25 | percentage of the participating utility's capital | ||||||
26 | expenditures that were paid to minority-owned and |
| |||||||
| |||||||
1 | female-owned business enterprises in 2010. | ||||||
2 | The definitions set forth in 83 Ill. Admin. Code Part | ||||||
3 | 411.20 as of May 1, 2011 shall be used for purposes of | ||||||
4 | calculating performance under paragraphs (1) through (3.5) of | ||||||
5 | this subsection (f), provided, however, that the participating | ||||||
6 | utility may exclude up to 9 extreme weather event days from | ||||||
7 | such calculation for each year, and provided further that the
| ||||||
8 | participating utility shall exclude 9 extreme weather event | ||||||
9 | days when calculating each year of the baseline period to the | ||||||
10 | extent that there are 9 such days in a given year of the | ||||||
11 | baseline period. For purposes of this Section, an extreme | ||||||
12 | weather event day is a 24-hour calendar day (beginning at 12:00 | ||||||
13 | a.m. and ending at 11:59 p.m.) during which any weather event | ||||||
14 | (e.g., storm, tornado) caused interruptions for 10,000 or more | ||||||
15 | of the participating utility's customers for 3 hours or more. | ||||||
16 | If there are more than 9 extreme weather event days in a year, | ||||||
17 | then the utility may choose no more than 9 extreme weather | ||||||
18 | event days to exclude, provided that the same extreme weather | ||||||
19 | event days are excluded from each of the calculations performed | ||||||
20 | under paragraphs (1) through (3.5) of this subsection (f). | ||||||
21 | The metrics shall include incremental performance goals | ||||||
22 | for each year of the 10-year period, which shall be designed to | ||||||
23 | demonstrate that the utility is on track to achieve the | ||||||
24 | performance goal in each category at the end of the 10-year | ||||||
25 | period. The utility shall elect when the 10-year period shall | ||||||
26 | commence for the metrics set forth in subparagraphs (1) through |
| |||||||
| |||||||
1 | (4) and (9) of this subsection (f), provided that it begins no | ||||||
2 | later than 14 months following the date on which the utility | ||||||
3 | begins investing pursuant to subsection (b) of this Section, | ||||||
4 | and when the 10-year period shall commence for the metrics set | ||||||
5 | forth in subparagraphs (5) through (8) of this subsection (f), | ||||||
6 | provided that it begins no later than 14 months following the | ||||||
7 | date on which the Commission enters its order approving the | ||||||
8 | utility's Advanced Metering Infrastructure Deployment Plan | ||||||
9 | pursuant to subsection (c) of Section 16-108.6 of this Act. | ||||||
10 | The metrics and performance goals set forth in | ||||||
11 | subparagraphs (5) through (8) of this subsection (f) are based | ||||||
12 | on the assumptions that the participating utility may fully | ||||||
13 | implement the technology described in subsection (b) of this | ||||||
14 | Section, including utilizing the full functionality of such | ||||||
15 | technology and that there is no requirement for personal | ||||||
16 | on-site notification. If the utility is unable to meet the | ||||||
17 | metrics and performance goals set forth in subparagraphs (5) | ||||||
18 | through (8) of this subsection (f) for such reasons, and the | ||||||
19 | Commission so finds after notice and hearing, then the utility | ||||||
20 | shall be excused from compliance, but only to the limited | ||||||
21 | extent achievement of the affected metrics and performance | ||||||
22 | goals was hindered by the less than full implementation. | ||||||
23 | (f-5) The financial penalties applicable to the metrics | ||||||
24 | described in subparagraphs (1) through (8) of subsection (f) of | ||||||
25 | this Section, as applicable, shall be applied through an | ||||||
26 | adjustment to the participating utility's return on equity of |
| |||||||
| |||||||
1 | no more than a total of 30 basis points in each of the first 3 | ||||||
2 | years, of no more than a total of 34 basis points
in each of the | ||||||
3 | 3 years thereafter, and of no more than a total of 38 basis | ||||||
4 | points in each
of the 4 years thereafter, as follows: | ||||||
5 | (1) With respect to each of the incremental annual | ||||||
6 | performance goals established pursuant to paragraph (1) of | ||||||
7 | subsection (f) of this Section, | ||||||
8 | (A) for each year that a participating utility | ||||||
9 | other than a combination utility does not achieve the | ||||||
10 | annual goal, the participating utility's return on | ||||||
11 | equity shall be reduced as
follows: during years 1 | ||||||
12 | through 3, by 5 basis points; during years 4 through 6, | ||||||
13 | by 6 basis points; and during years 7 through 10, by 7 | ||||||
14 | basis points; and | ||||||
15 | (B) for each year that a participating utility that | ||||||
16 | is a combination utility does not achieve the annual | ||||||
17 | goal, the participating utility's return on equity | ||||||
18 | shall be reduced as follows: during years 1 through 3, | ||||||
19 | by 10 basis points; during years 4 through 6, by 12
| ||||||
20 | basis points; and during years 7 through 10, by 14 | ||||||
21 | basis points. | ||||||
22 | (2) With respect to each of the incremental annual | ||||||
23 | performance goals established pursuant to paragraph (2) of | ||||||
24 | subsection (f) of this Section, for each year that the | ||||||
25 | participating utility does not achieve each such goal, the | ||||||
26 | participating utility's return on equity shall be reduced |
| |||||||
| |||||||
1 | as follows: during years 1 through 3, by 5 basis points; | ||||||
2 | during years 4
through 6, by 6 basis points; and during | ||||||
3 | years 7 through 10, by 7 basis points. | ||||||
4 | (3) With respect to each of the incremental annual | ||||||
5 | performance goals established
pursuant to paragraphs (3) | ||||||
6 | and (3.5) of subsection (f) of this Section, for each year | ||||||
7 | that a participating utility other than a combination | ||||||
8 | utility does not achieve both such
goals, the participating | ||||||
9 | utility's return on equity shall be reduced as follows: | ||||||
10 | during years 1 through 3, by 5 basis points; during years 4 | ||||||
11 | through 6, by 6 basis points; and during years 7 through | ||||||
12 | 10, by 7 basis points. | ||||||
13 | (4) With respect to each of the incremental annual | ||||||
14 | performance goals established
pursuant to paragraph (4) of | ||||||
15 | subsection (f) of this Section, for each year that the | ||||||
16 | participating utility does not achieve each such goal, the | ||||||
17 | participating utility's return
on equity shall be reduced | ||||||
18 | as follows: during years 1 through 3, by 5 basis points;
| ||||||
19 | during years 4 through 6, by 6 basis points; and during | ||||||
20 | years 7 through 10, by 7 basis points. | ||||||
21 | (5) With respect to each of the incremental annual | ||||||
22 | performance goals established pursuant to subparagraph (5) | ||||||
23 | of subsection (f) of this Section, for each year that the | ||||||
24 | participating utility does not achieve at least 95% of each | ||||||
25 | such goal, the participating utility's return on equity | ||||||
26 | shall be reduced by 5 basis points for each such unachieved |
| |||||||
| |||||||
1 | goal. | ||||||
2 | (6) With respect to each of the incremental annual | ||||||
3 | performance goals established pursuant to paragraphs (6), | ||||||
4 | (7), and (8) of subsection (f) of this Section, as | ||||||
5 | applicable, which together measure non-operational | ||||||
6 | customer savings and benefits
relating to the | ||||||
7 | implementation of the Advanced Metering Infrastructure | ||||||
8 | Deployment
Plan, as defined in Section 16-108.6 of this | ||||||
9 | Act, the performance under each such goal shall be | ||||||
10 | calculated in terms of the percentage of the goal achieved. | ||||||
11 | The percentage of goal achieved for each of the goals shall | ||||||
12 | be aggregated, and an average percentage value calculated, | ||||||
13 | for each year of the 10-year period. If the utility does | ||||||
14 | not achieve an average percentage value in a given year of | ||||||
15 | at least 95%, the participating utility's return on equity | ||||||
16 | shall be reduced by 5 basis points. | ||||||
17 | The financial penalties shall be applied as described in | ||||||
18 | this subsection (f-5) for the 12-month period in which the | ||||||
19 | deficiency occurred through a separate tariff mechanism, which | ||||||
20 | shall be filed by the utility together with its metrics. In the | ||||||
21 | event the formula rate tariff established pursuant to | ||||||
22 | subsection (c) of this Section terminates, the utility's | ||||||
23 | obligations under subsection (f) of this Section and this | ||||||
24 | subsection (f-5) shall also terminate, provided, however, that | ||||||
25 | the tariff mechanism established pursuant to subsection (f) of | ||||||
26 | this Section and this subsection (f-5) shall remain in effect |
| |||||||
| |||||||
1 | until any penalties due and owing at the time of such | ||||||
2 | termination are applied. | ||||||
3 | The Commission shall, after notice and hearing, enter an | ||||||
4 | order within 120 days after the metrics are filed approving, or | ||||||
5 | approving with modification, a participating utility's tariff | ||||||
6 | or mechanism to satisfy the metrics set forth in subsection (f) | ||||||
7 | of this Section. On June 1 of each subsequent year, each | ||||||
8 | participating utility shall file a report with the Commission | ||||||
9 | that includes, among other things, a description of how the | ||||||
10 | participating utility performed under each metric and an | ||||||
11 | identification of any extraordinary events that adversely | ||||||
12 | impacted the utility's performance. Whenever a participating | ||||||
13 | utility does not satisfy the metrics required pursuant to | ||||||
14 | subsection (f) of this Section, the Commission shall, after | ||||||
15 | notice and hearing, enter an order approving financial | ||||||
16 | penalties in accordance with this subsection (f-5). The | ||||||
17 | Commission-approved financial penalties shall be applied | ||||||
18 | beginning with the next rate year. Nothing in this Section | ||||||
19 | shall authorize the Commission to reduce or otherwise obviate | ||||||
20 | the imposition of financial penalties for failing to achieve | ||||||
21 | one or more of the metrics established pursuant to subparagraph | ||||||
22 | (1) through (4) of subsection (f) of this Section. | ||||||
23 | (g) On or before July 31, 2014, each participating utility | ||||||
24 | shall file a report with the Commission that sets forth the | ||||||
25 | average annual increase in the average amount paid per | ||||||
26 | kilowatthour for residential eligible retail customers, |
| |||||||
| |||||||
1 | exclusive of the effects of energy efficiency programs, | ||||||
2 | comparing the 12-month period ending May 31, 2012; the 12-month | ||||||
3 | period ending May 31, 2013; and the 12-month period ending May | ||||||
4 | 31, 2014. For a participating utility that is a combination | ||||||
5 | utility with more than one rate zone, the weighted average | ||||||
6 | aggregate increase shall be provided. The report shall be filed | ||||||
7 | together with a statement from an independent auditor attesting | ||||||
8 | to the accuracy of the report. The cost of the independent | ||||||
9 | auditor shall be borne by the participating utility and shall | ||||||
10 | not be a recoverable expense. "The average amount paid per | ||||||
11 | kilowatthour" shall be based on the participating utility's | ||||||
12 | tariffed rates actually in effect and shall not be calculated | ||||||
13 | using any hypothetical rate or adjustments to actual charges | ||||||
14 | (other than as specified for energy efficiency) as an input. | ||||||
15 | In the event that the average annual increase exceeds 2.5% | ||||||
16 | as calculated pursuant to this subsection (g), then Sections | ||||||
17 | 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other | ||||||
18 | than this subsection, shall be inoperative as they relate to | ||||||
19 | the utility and its service area as of the date of the report | ||||||
20 | due to be submitted pursuant to this subsection and the utility | ||||||
21 | shall no longer be eligible to annually update the | ||||||
22 | performance-based formula rate tariff pursuant to subsection | ||||||
23 | (d) of this Section. In such event, the then current rates | ||||||
24 | shall remain in effect until such time as new rates are set | ||||||
25 | pursuant to Article IX of this Act, subject to retroactive | ||||||
26 | adjustment, with interest, to reconcile rates charged with |
| |||||||
| |||||||
1 | actual costs, and the participating utility's voluntary | ||||||
2 | commitments and obligations under subsection (b) of this | ||||||
3 | Section shall immediately terminate, except for the utility's | ||||||
4 | obligation to pay an amount already owed to the fund for | ||||||
5 | training grants pursuant to a Commission order issued under | ||||||
6 | subsection (b) of this Section. | ||||||
7 | In the event that the average annual increase is 2.5% or | ||||||
8 | less as calculated pursuant to this subsection (g), then the | ||||||
9 | performance-based formula rate shall remain in effect as set | ||||||
10 | forth in this Section. | ||||||
11 | For purposes of this Section, the amount per kilowatthour | ||||||
12 | means the total amount paid for electric service expressed on a | ||||||
13 | per kilowatthour basis, and the total amount paid for electric | ||||||
14 | service includes without limitation amounts paid for supply, | ||||||
15 | transmission, distribution, surcharges, and add-on taxes | ||||||
16 | exclusive of any increases in taxes or new taxes imposed after | ||||||
17 | the effective date of this amendatory Act of the 97th General | ||||||
18 | Assembly. For purposes of this Section, "eligible retail | ||||||
19 | customers" shall have the meaning set forth in Section 16-111.5 | ||||||
20 | of this Act. | ||||||
21 | The fact that this Section becomes inoperative as set forth | ||||||
22 | in this subsection shall not be construed to mean that the | ||||||
23 | Commission may reexamine or otherwise reopen prudence or | ||||||
24 | reasonableness determinations already made. | ||||||
25 | (h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of | ||||||
26 | this Act, other than this subsection, are inoperative after |
| |||||||
| |||||||
1 | December 31, 2019 2017 for every participating utility, after | ||||||
2 | which time a participating utility shall no longer be eligible | ||||||
3 | to annually update the performance-based formula rate tariff | ||||||
4 | pursuant to subsection (d) of this Section. At such time, the | ||||||
5 | then current rates shall remain in effect until such time as | ||||||
6 | new rates are set pursuant to Article IX of this Act, subject | ||||||
7 | to retroactive adjustment, with interest, to reconcile rates | ||||||
8 | charged with actual costs. | ||||||
9 | By December 31, 2017, the Commission shall prepare and file | ||||||
10 | with the General Assembly a report on the infrastructure | ||||||
11 | program and the performance-based formula rate. The report | ||||||
12 | shall include the change in the average amount per kilowatthour | ||||||
13 | paid by residential customers between June 1, 2011 and May 31, | ||||||
14 | 2017. If the change in the total average rate paid exceeds 2.5% | ||||||
15 | compounded annually, the Commission shall include in the report | ||||||
16 | an analysis that shows the portion of the change due to the | ||||||
17 | delivery services component and the portion of the change due | ||||||
18 | to the supply component of the rate. The report shall include | ||||||
19 | separate sections for each participating utility. | ||||||
20 | In the event Sections 16-108.5, 16-108.6, 16-108.7, and | ||||||
21 | 16-108.8 of this Act do not become inoperative after December | ||||||
22 | 31, 2019 2017 , then these Sections are inoperative after | ||||||
23 | December 31, 2022 for every participating utility, after which | ||||||
24 | time a participating utility shall no longer be eligible to | ||||||
25 | annually update the performance-based formula rate tariff | ||||||
26 | pursuant to subsection (d) of this Section. At such time, the |
| |||||||
| |||||||
1 | then current rates shall remain in effect until such time as | ||||||
2 | new rates are set pursuant to Article IX of this Act, subject | ||||||
3 | to retroactive adjustment, with interest, to reconcile rates | ||||||
4 | charged with actual costs. | ||||||
5 | The fact that this Section becomes inoperative as set forth | ||||||
6 | in this subsection shall not be construed to mean that the | ||||||
7 | Commission may reexamine or otherwise reopen prudence or | ||||||
8 | reasonableness determinations already made. | ||||||
9 | (i) While a participating utility may use, develop, and | ||||||
10 | maintain broadband systems and the delivery of broadband | ||||||
11 | services, voice-over-internet-protocol services, | ||||||
12 | telecommunications services, and cable and video programming | ||||||
13 | services for use in providing delivery services and Smart Grid | ||||||
14 | functionality or application to its retail customers, | ||||||
15 | including, but not limited to, the installation, | ||||||
16 | implementation and maintenance of Smart Grid electric system | ||||||
17 | upgrades as defined in Section 16-108.6 of this Act, a | ||||||
18 | participating utility is prohibited from offering to its retail | ||||||
19 | customers broadband services or the delivery of broadband | ||||||
20 | services, voice-over-internet-protocol services, | ||||||
21 | telecommunications services, or cable or video programming | ||||||
22 | services, unless they are part of a service directly related to | ||||||
23 | delivery services or Smart Grid functionality or applications | ||||||
24 | as defined in Section 16-108.6 of this Act, and from recovering | ||||||
25 | the costs of such offerings from retail customers. | ||||||
26 | (j) Nothing in this Section is intended to legislatively |
| |||||||
| |||||||
1 | overturn the opinion issued in Commonwealth Edison Co. v. Ill. | ||||||
2 | Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137, | ||||||
3 | 1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App. | ||||||
4 | Ct. 2d Dist. Sept. 30, 2010). This amendatory Act of the 97th | ||||||
5 | General Assembly shall not be construed as creating a contract | ||||||
6 | between the General Assembly and the participating utility, and | ||||||
7 | shall not establish a property right in the participating | ||||||
8 | utility.
| ||||||
9 | (k) The changes made in subsections (c) and (d) of this | ||||||
10 | Section by this amendatory Act of the 98th General Assembly are | ||||||
11 | intended to be a restatement and clarification of existing law, | ||||||
12 | and intended to give binding effect to the provisions of House | ||||||
13 | Resolution 1157 adopted by the House of Representatives of the | ||||||
14 | 97th General Assembly and Senate Resolution 821 adopted by the | ||||||
15 | Senate of the 97th General Assembly that are reflected in | ||||||
16 | paragraph (3) of this subsection. In addition, this amendatory | ||||||
17 | Act of the 98th General Assembly preempts and supersedes any | ||||||
18 | final Commission orders entered in Docket Nos. 11-0721, | ||||||
19 | 12-0001, 12-0293, and 12-0321 to the extent inconsistent with | ||||||
20 | the amendatory language added to subsections (c) and (d). | ||||||
21 | (1) No earlier than 5 business days after the effective | ||||||
22 | date of this amendatory Act of the 98th General Assembly, | ||||||
23 | each participating utility shall file any tariff changes | ||||||
24 | necessary to implement the amendatory language set forth in | ||||||
25 | subsections (c) and (d) of this Section by this amendatory | ||||||
26 | Act of the 98th General Assembly and a revised revenue |
| |||||||
| |||||||
1 | requirement under the participating utility's | ||||||
2 | performance-based formula rate. The Commission shall enter | ||||||
3 | a final order approving such tariff changes and revised | ||||||
4 | revenue requirement within 21 days after the participating | ||||||
5 | utility's filing. | ||||||
6 | (2) Notwithstanding anything that may be to the | ||||||
7 | contrary, a participating utility may file a tariff to | ||||||
8 | retroactively recover its previously unrecovered actual | ||||||
9 | costs of delivery service that are no longer subject to | ||||||
10 | recovery through a reconciliation adjustment under | ||||||
11 | subsection (d) of this Section. This retroactive recovery | ||||||
12 | shall include any derivative adjustments resulting from | ||||||
13 | the changes to subsections (c) and (d) of this Section by | ||||||
14 | this amendatory Act of the 98th General Assembly. Such | ||||||
15 | tariff shall allow the utility to assess, on current | ||||||
16 | customer bills over a period of 12 monthly billing periods, | ||||||
17 | a charge or credit related to those unrecovered costs with | ||||||
18 | interest at the utility's weighted average cost of capital | ||||||
19 | during the period in which those costs were unrecovered. A | ||||||
20 | participating utility may file a tariff that implements a | ||||||
21 | retroactive charge or credit as described in this paragraph | ||||||
22 | for amounts not otherwise included in the tariff filing | ||||||
23 | provided for in paragraph (1) of this subsection (k). The | ||||||
24 | Commission shall enter a final order approving such tariff | ||||||
25 | within 21 days after the participating utility's filing. | ||||||
26 | (3) The tariff changes described in paragraphs (1) and |
| |||||||
| |||||||
1 | (2) of this subsection (k) shall relate only to, and be | ||||||
2 | consistent with, the following provisions of this | ||||||
3 | amendatory Act of the 98th General Assembly: paragraph (2) | ||||||
4 | of subsection (c) regarding year-end capital structure, | ||||||
5 | subparagraph (D) of paragraph (4) of subsection (c) | ||||||
6 | regarding pension assets, and subsection (d) regarding the | ||||||
7 | reconciliation components related to year-end rate base | ||||||
8 | and interest calculated at a rate equal to the utility's | ||||||
9 | weighted average cost of capital. | ||||||
10 | (4) Nothing in this subsection is intended to effect a | ||||||
11 | dismissal of or otherwise affect an appeal from any final | ||||||
12 | Commission orders entered in Docket Nos. 11-0721, 12-0001, | ||||||
13 | 12-0293, and 12-0321 other than to the extent of the | ||||||
14 | amendatory language contained in subsections (c) and (d) of | ||||||
15 | this amendatory Act of the 98th General Assembly. | ||||||
16 | (l) Each participating utility shall be deemed to have been | ||||||
17 | in full compliance with all requirements of subsection (b) of | ||||||
18 | this Section, subsection (c) of this Section, Section 16-108.6 | ||||||
19 | of this Act, and all Commission orders entered pursuant to | ||||||
20 | Sections 16-108.5 and 16-108.6 of this Act, up to and including | ||||||
21 | the effective date of this amendatory Act of the 98th General | ||||||
22 | Assembly. The Commission shall not undertake any investigation | ||||||
23 | of such compliance and no penalty shall be assessed or adverse | ||||||
24 | action taken against a participating utility for noncompliance | ||||||
25 | with Commission orders associated with subsection (b) of this | ||||||
26 | Section, subsection (c) of this Section, and Section 16-108.6 |
| |||||||
| |||||||
1 | of this Act prior to such date. Each participating utility | ||||||
2 | other than a combination utility shall be permitted, without | ||||||
3 | penalty, a period of 12 months after such effective date to | ||||||
4 | take actions required to ensure its infrastructure investment | ||||||
5 | program is in compliance with subsection (b) of this Section | ||||||
6 | and with Section 16-108.6 of this Act. Provided further: | ||||||
7 | (1) if this amendatory Act of the 98th General Assembly | ||||||
8 | takes effect on or before June 15, 2013, the following | ||||||
9 | subparagraphs shall apply to a participating utility other | ||||||
10 | than a combination utility: | ||||||
11 | (A) if the Commission has initiated a proceeding | ||||||
12 | pursuant to subsection (e) of Section 16-108.6 of this | ||||||
13 | Act that is pending as of the effective date of this | ||||||
14 | amendatory Act of the 98th General Assembly, then the | ||||||
15 | order entered in such proceeding shall, after notice | ||||||
16 | and hearing, accelerate the commencement of the meter | ||||||
17 | deployment schedule approved in the final Commission | ||||||
18 | order on rehearing entered in Docket No. 12-0298; | ||||||
19 | (B) if the Commission has entered an order pursuant | ||||||
20 | to subsection (e) of Section 16-108.6 of this Act prior | ||||||
21 | to the effective date of this amendatory Act of the | ||||||
22 | 98th General Assembly that does not accelerate the | ||||||
23 | commencement of the meter deployment schedule approved | ||||||
24 | in the final Commission order on rehearing entered in | ||||||
25 | Docket No. 12-0298, then the utility shall file with | ||||||
26 | the Commission, within 45 days after such effective |
| |||||||
| |||||||
1 | date, a plan for accelerating the commencement of the | ||||||
2 | utility's meter deployment schedule approved in the | ||||||
3 | final Commission order on rehearing entered in Docket | ||||||
4 | No. 12-0298; the Commission shall reopen the | ||||||
5 | proceeding in which it entered its order pursuant to | ||||||
6 | subsection (e) of Section 16-108.6 of this Act and | ||||||
7 | shall, after notice and hearing, enter an amendatory | ||||||
8 | order that approves or approves as modified such | ||||||
9 | accelerated plan within 90 days after the utility's | ||||||
10 | filing; or | ||||||
11 | (C) if the Commission has not initiated a | ||||||
12 | proceeding pursuant to subsection (e) of Section | ||||||
13 | 16-108.6 of this Act prior to the effective date of | ||||||
14 | this amendatory Act of the 98th General Assembly, then | ||||||
15 | the utility shall file with the Commission, within 45 | ||||||
16 | days after such effective date, a plan for accelerating | ||||||
17 | the commencement of the utility's meter deployment | ||||||
18 | schedule approved in the final Commission order on | ||||||
19 | rehearing entered in Docket No. 12-0298 and the | ||||||
20 | Commission shall, after notice and hearing, approve or | ||||||
21 | approve as modified such plan within 90 days after the | ||||||
22 | utility's filing; | ||||||
23 | (2) if this amendatory Act of the 98th General Assembly | ||||||
24 | takes effect after June 15, 2013, then each participating | ||||||
25 | utility other than a combination utility shall file with | ||||||
26 | the Commission, within 45 days after such effective date, a |
| |||||||
| |||||||
1 | plan for accelerating the commencement of the utility's | ||||||
2 | meter deployment schedule approved in the final Commission | ||||||
3 | order on rehearing entered in Docket No. 12-0298; the | ||||||
4 | Commission shall reopen the most recent proceeding in which | ||||||
5 | it entered an order pursuant to subsection (e) of Section | ||||||
6 | 16-108.6 of this Act and within 90 days after the utility's | ||||||
7 | filing shall, after notice and hearing, enter an amendatory | ||||||
8 | order that approves or approves as modified such | ||||||
9 | accelerated plan, provided that if there was no such prior | ||||||
10 | proceeding the Commission shall open a new proceeding and | ||||||
11 | within 90 days after the utility's filing shall, after | ||||||
12 | notice and hearing, enter an order that approves or | ||||||
13 | approves as modified such accelerated plan. | ||||||
14 | Any schedule for meter deployment approved by the | ||||||
15 | Commission pursuant to subparagraphs (1) or (2) of this | ||||||
16 | subsection (l) shall take into consideration procurement times | ||||||
17 | for meters and other equipment and operational issues. Nothing | ||||||
18 | in this amendatory Act of the 98th General Assembly shall | ||||||
19 | shorten or extend the end dates for the 5-year or 10-year | ||||||
20 | periods set forth in subsection (b) of this Section or Section | ||||||
21 | 16-108.6 of this Act. Nothing in this subsection is intended to | ||||||
22 | address whether a participating utility has, or has not, | ||||||
23 | satisfied any or all of the metrics and performance goals | ||||||
24 | established pursuant to subsection (f) of this Section. | ||||||
25 | (m) The provisions of this amendatory Act of the 98th | ||||||
26 | General Assembly are severable under Section 1.31 of the |
| |||||||
| |||||||
1 | Statute on Statutes. | ||||||
2 | (Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11; | ||||||
3 | 98-15, eff. 5-22-13.)
|