Bill Text: IL HB4649 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Public Utilities Act. Provides that specified provisions concerning a certificate of public convenience and necessity do not apply to an electric utility providing transmission service connections located within its certified or service territory in the usual course of business or transmission system extensions approved pursuant to a specific provision. Adds a provision concerning an alternative procedure for obtaining a certificate of public convenience and necessity for specified transmission line extensions not in the usual course of business. Includes land use studies as an activity requiring a certificate of public convenience and necessity. Effective immediately.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2010-07-28 - Public Act . . . . . . . . . 96-1348 [HB4649 Detail]

Download: Illinois-2009-HB4649-Enrolled.html

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AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Sections 8-406, 8-509, and 8-510 and by adding Section 8-406.1
as follows:
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
Sec. 8-406. Certificate of public convenience and
necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in
furnishing any product or commodity within this State as of
July 1, 1921 and not possessing a certificate of public
convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission or the Public
Utilities Commission, at the time this amendatory Act of 1985
goes into effect, shall transact any business in this State
until it shall have obtained a certificate from the Commission
that public convenience and necessity require the transaction
of such business.
(b) No public utility shall begin the construction of any
new plant, equipment, property or facility which is not in
substitution of any existing plant, equipment, property or

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facility or any extension or alteration thereof or in addition
thereto, unless and until it shall have obtained from the
Commission a certificate that public convenience and necessity
require such construction. Whenever after a hearing the
Commission determines that any new construction or the
transaction of any business by a public utility will promote
the public convenience and is necessary thereto, it shall have
the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the least
cost means of satisfying those objectives; (2) that the utility
is capable of efficiently managing and supervising the
construction process and has taken sufficient action to ensure
adequate and efficient construction and supervision thereof;
and (3) that the utility is capable of financing the proposed
construction without significant adverse financial
consequences for the utility or its customers.
(c) After the effective date of this amendatory Act of
1987, no construction shall commence on any new nuclear power

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plant to be located within this State, and no certificate of
public convenience and necessity or other authorization shall
be issued therefor by the Commission, until the Director of the
Illinois Environmental Protection Agency finds that the United
States Government, through its authorized agency, has
identified and approved a demonstrable technology or means for
the disposal of high level nuclear waste, or until such
construction has been specifically approved by a statute
enacted by the General Assembly.
As used in this Section, "high level nuclear waste" means
those aqueous wastes resulting from the operation of the first
cycle of the solvent extraction system or equivalent and the
concentrated wastes of the subsequent extraction cycles or
equivalent in a facility for reprocessing irradiated reactor
fuel and shall include spent fuel assemblies prior to fuel
reprocessing.
(d) In making its determination, the Commission shall
attach primary weight to the cost or cost savings to the
customers of the utility. The Commission may consider any or
all factors which will or may affect such cost or cost savings,
including the public utility's engineering judgment regarding
the materials used for construction.
(e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending

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the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
A public utility shall not be required to obtain but may
apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be
deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.
No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as to
matters as to which a remedy is available under The Electric
Supplier Act.
(f) Such certificates may be altered or modified by the
Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof authority conferred by
a certificate of convenience and necessity issued by the
Commission shall be null and void.

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No certificate of public convenience and necessity shall be
construed as granting a monopoly or an exclusive privilege,
immunity or franchise.
(g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or
that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of this
Act, "high voltage electric service line" means an electric
line having a design voltage of 100,000 or more. For purposes
of this subsection (g), a public utility may do any of the
following:
(1) replace or upgrade any existing high voltage
electric service line and related facilities,
notwithstanding its length;
(2) relocate any existing high voltage electric
service line and related facilities, notwithstanding its
length, to accommodate construction or expansion of a
roadway or other transportation infrastructure; or
(3) construct a high voltage electric service line and
related facilities that is constructed solely to serve a
single customer's premises or to provide a generator
interconnection to the public utility's transmission
system and that will pass under or over the premises owned
by the customer or generator to be served or under or over

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premises for which the customer or generator has secured
the necessary right of way.
(Source: P.A. 95-700, eff. 11-9-07.)
(220 ILCS 5/8-406.1 new)
Sec. 8-406.1. Certificate of public convenience and
necessity; expedited procedure.
(a) A public utility may apply for a certificate of public
convenience and necessity pursuant to this Section for the
construction of any new high voltage electric service line and
related facilities (Project). To facilitate the expedited
review process of an application filed pursuant to this
Section, an application shall include all of the following:
(1) Information in support of the application that
shall include the following:
(A) A detailed description of the Project,
including location maps and plot plans to scale showing
all major components.
(B) The following engineering data:
(i) a detailed Project description including:
(I) name and destination of the Project;
(II) design voltage rating (kV);
(III) operating voltage rating (kV); and
(IV) normal peak operating current rating;
(ii) a conductor, structures, and substations
description including:

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(I) conductor size and type;
(II) type of structures;
(III) height of typical structures;
(IV) an explanation why these structures
were selected;
(V) dimensional drawings of the typical
structures to be used in the Project; and
(VI) a list of the names of all new (and
existing if applicable) substations or
switching stations that will be associated
with the proposed new high voltage electric
service line;
(iii) the location of the site and
right-of-way including:
(I) miles of right-of-way;
(II) miles of circuit;
(III) width of the right-of-way; and
(IV) a brief description of the area
traversed by the proposed high voltage
electric service line, including a description
of the general land uses in the area and the
type of terrain crossed by the proposed line;
(iv) assumptions, bases, formulae, and methods
used in the development and preparation of the
diagrams and accompanying data, and a technical
description providing the following information:

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(I) number of circuits, with
identification as to whether the circuit is
overhead or underground;
(II) the operating voltage and frequency;
and
(III) conductor size and type and number
of conductors per phase;
(v) if the proposed interconnection is an
overhead line, the following additional
information also must be provided:
(I) the wind and ice loading design
parameters;
(II) a full description and drawing of a
typical supporting structure, including
strength specifications;
(III) structure spacing with typical
ruling and maximum spans;
(IV) conductor (phase) spacing; and
(V) the designed line-to-ground and
conductor-side clearances;
(vi) if an underground or underwater
interconnection is proposed, the following
additional information also must be provided:
(I) burial depth;
(II) type of cable and a description of any
required supporting equipment, such as

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insulation medium pressurizing or forced
cooling;
(III) cathodic protection scheme; and
(IV) type of dielectric fluid and
safeguards used to limit potential spills in
waterways;
(vii) technical diagrams that provide
clarification of any item under this item (1)
should be included; and
(viii) applicant shall provide and identify a
primary right-of-way and one or more alternate
rights-of-way for the Project as part of the
filing. To the extent applicable, for each
right-of-way, an applicant shall provide the
information described in this subsection (a). Upon
a showing of good cause in its filing, an applicant
may be excused from providing and identifying
alternate rights-of-way.
(2) An application fee of $100,000, which shall be paid
into the Public Utility Fund at the time the Chief Clerk of
the Commission deems it complete and accepts the filing.
(3) Information showing that the utility has held a
minimum of 3 pre-filing public meetings to receive public
comment concerning the Project in each county where the
Project is to be located, no earlier than 6 months prior to
the filing of the application. Notice of the public meeting

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shall be published in a newspaper of general circulation
within the affected county once a week for 3 consecutive
weeks, beginning no earlier than one month prior to the
first public meeting. If the Project traverses 2 contiguous
counties and where in one county the transmission line
mileage and number of landowners over whose property the
proposed route traverses is 1/5 or less of the transmission
line mileage and number of such landowners of the other
county, then the utility may combine the 3 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both
counties. Notice of the public meeting, including a
description of the Project, must be provided in writing to
the clerk of each county where the Project is to be
located. A representative of the Commission shall be
invited to each pre-filing public meeting.
(b) At the first status hearing the administrative law
judge shall set a schedule for discovery that shall take into
consideration the expedited nature of the proceeding.
(c) Nothing in this Section prohibits a utility from
requesting, or the Commission from approving, protection of
confidential or proprietary information under applicable law.
The public utility may seek confidential protection of any of
the information provided pursuant to this Section, subject to
Commission approval.

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(d) The public utility shall publish notice of its
application in the official State newspaper within 10 days
following the date of the application's filing.
(e) The public utility shall establish a dedicated website
for the Project 3 weeks prior to the first public meeting and
maintain the website until construction of the Project is
complete. The website address shall be included in all public
notices.
(f) The Commission shall, after notice and hearing, grant a
certificate of public convenience and necessity filed in
accordance with the requirements of this Section if, based upon
the application filed with the Commission and the evidentiary
record, it finds the Project will promote the public
convenience and necessity and that all of the following
criteria are satisfied:
(1) That the Project is necessary to provide adequate,
reliable, and efficient service to the public utility's
customers and is the least-cost means of satisfying the
service needs of the public utility's customers or that the
Project will promote the development of an effectively
competitive electricity market that operates efficiently,
is equitable to all customers, and is the least cost means
of satisfying those objectives.
(2) That the public utility is capable of efficiently
managing and supervising the construction process and has
taken sufficient action to ensure adequate and efficient

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construction and supervision of the construction.
(3) That the public utility is capable of financing the
proposed construction without significant adverse
financial consequences for the utility or its customers.
(g) The Commission shall issue its decision with findings
of fact and conclusions of law granting or denying the
application no later than 150 days after the application is
filed. The Commission may extend the 150-day deadline upon
notice by an additional 75 days if, on or before the 30th day
after the filing of the application, the Commission finds that
good cause exists to extend the 150-day period.
(h) In the event the Commission grants a public utility's
application for a certificate pursuant to this Section, the
public utility shall pay a one-time construction fee to each
county in which the Project is constructed within 30 days after
the completion of construction. The construction fee shall be
$20,000 per mile of high voltage electric service line
constructed in that county, or a proportionate fraction of that
fee. The fee shall be in lieu of any permitting fees that
otherwise would be imposed by a county. Counties receiving a
payment under this subsection (h) may distribute all or
portions of the fee to local taxing districts in that county.
(i) Notwithstanding any other provisions of this Act, a
decision granting a certificate under this Section shall
include an order pursuant to Section 8-503 of this Act
authorizing or directing the construction of the high voltage

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electric service line and related facilities as approved by the
Commission, in the manner and within the time specified in said
order.
(220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
Sec. 8-509. When necessary for the construction of any
alterations, additions, extensions or improvements ordered or
authorized under Section 8-406.1, 8-503, or 12-218 of this Act,
any public utility may enter upon, take or damage private
property in the manner provided for by the law of eminent
domain. If a public utility seeks relief under this Section in
the same proceeding in which it seeks a certificate of public
convenience and necessity under Section 8-406.1 of this Act,
the Commission shall enter its order under this Section either
as part of the Section 8-406.1 order or at the same time it
enters the Section 8-406.1 order. If a public utility seeks
relief under this Section after the Commission enters its order
in the Section 8-406.1 proceeding, the Commission shall issue
its order under this Section within 45 days after the utility
files its petition under this Section.
This Section applies to the exercise of eminent domain
powers by telephone companies or telecommunications carriers
only when the facilities to be constructed are intended to be
used in whole or in part for providing one or more intrastate
telecommunications services classified as "noncompetitive"
under Section 13-502 in a tariff filed by the condemnor. The

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exercise of eminent domain powers by telephone companies or
telecommunications carriers in all other cases shall be
governed solely by "An Act relating to the powers, duties and
property of telephone companies", approved May 16, 1903, as now
or hereafter amended.
(Source: P.A. 86-221.)
(220 ILCS 5/8-510) (from Ch. 111 2/3, par. 8-510)
Sec. 8-510. Land surveys and land use studies. For the
purpose of making land surveys and land use studies, any public
utility that has been granted a certificate of public
convenience and necessity by, or received an order under
Section 8-503 or 8-406.1 of this Act from, the Commission may,
30 days after providing written notice to the owner thereof by
registered mail, enter upon the property of any owner who has
refused permission for entrance upon that property, but subject
to responsibility for all damages which may be inflicted
thereby.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.