Sen. Chapin Rose
Filed: 3/15/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1874 




2 AMENDMENT NO. ______. Amend Senate Bill 1874 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Public Utilities Act is amended by changing 
5Section 8-406.1 as follows:

6 (220 ILCS 5/8-406.1)
7 Sec. 8-406.1. Certificate of public convenience and 
8necessity; expedited procedure.
9 (a) A public utility may apply for a certificate of public 
10convenience and necessity pursuant to this Section for the 
11construction of any new high voltage electric service line that 
12does not exceed 5 miles in length nor advance contiguously to a 
13project filed with the Commission during 2012 and related 
14facilities (Project). To facilitate the expedited review 
15process of an application filed pursuant to this Section, an 
16application shall include all of the following:
 
 
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1  (1) Information in support of the application that 
2 shall include the following:
3   (A) A detailed description of the Project, 
4 including location maps and plot plans to scale showing 
5 all major components.
6   (B) The following engineering data:
7    (i) a detailed Project description including:
8     (I) name and destination of the Project;
9     (II) design voltage rating (kV);
10     (III) operating voltage rating (kV); and
11     (IV) normal peak operating current rating;
12    (ii) a conductor, structures, and substations 
13 description including:
14     (I) conductor size and type;
15     (II) type of structures;
16     (III) height of typical structures;
17     (IV) an explanation why these structures 
18 were selected;
19     (V) dimensional drawings of the typical 
20 structures to be used in the Project; and
21     (VI) a list of the names of all new (and 
22 existing if applicable) substations or 
23 switching stations that will be associated 
24 with the proposed new high voltage electric 
25 service line;
26    (iii) the location of the site and 
 
 
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1 right-of-way including:
2     (I) miles of right-of-way;
3     (II) miles of circuit;
4     (III) width of the right-of-way; and
5     (IV) a brief description of the area 
6 traversed by the proposed high voltage 
7 electric service line, including a description 
8 of the general land uses in the area and the 
9 type of terrain crossed by the proposed line;
10    (iv) assumptions, bases, formulae, and methods 
11 used in the development and preparation of the 
12 diagrams and accompanying data, and a technical 
13 description providing the following information:
14     (I) number of circuits, with 
15 identification as to whether the circuit is 
16 overhead or underground;
17     (II) the operating voltage and frequency; 
18 and
19     (III) conductor size and type and number 
20 of conductors per phase;
21    (v) if the proposed interconnection is an 
22 overhead line, the following additional 
23 information also must be provided:
24     (I) the wind and ice loading design 
25 parameters;
26     (II) a full description and drawing of a 
 
 
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1 typical supporting structure, including 
2 strength specifications;
3     (III) structure spacing with typical 
4 ruling and maximum spans;
5     (IV) conductor (phase) spacing; and
6     (V) the designed line-to-ground and 
7 conductor-side clearances;
8    (vi) if an underground or underwater 
9 interconnection is proposed, the following 
10 additional information also must be provided:
11     (I) burial depth;
12     (II) type of cable and a description of any 
13 required supporting equipment, such as 
14 insulation medium pressurizing or forced 
15 cooling;
16     (III) cathodic protection scheme; and
17     (IV) type of dielectric fluid and 
18 safeguards used to limit potential spills in 
19 waterways;
20    (vii) technical diagrams that provide 
21 clarification of any item under this item (1) 
22 should be included; and
23    (viii) applicant shall provide and identify a 
24 primary right-of-way and one or more alternate 
25 rights-of-way for the Project as part of the 
26 filing. To the extent applicable, for each 
 
 
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1 right-of-way, an applicant shall provide the 
2 information described in this subsection (a). Upon 
3 a showing of good cause in its filing, an applicant 
4 may be excused from providing and identifying 
5 alternate rights-of-way.
6  (2) An application fee of $100,000, which shall be paid 
7 into the Public Utility Fund at the time the Chief Clerk of 
8 the Commission deems it complete and accepts the filing.
9  (3) Information showing that the utility has held a 
10 minimum of 3 pre-filing public meetings to receive public 
11 comment concerning the Project in each county where the 
12 Project is to be located, no earlier than 6 months prior to 
13 the filing of the application. Notice of the public meeting 
14 shall be published in a newspaper of general circulation 
15 within the affected county once a week for 3 consecutive 
16 weeks, beginning no earlier than one month prior to the 
17 first public meeting. If the Project traverses 2 contiguous 
18 counties and where in one county the transmission line 
19 mileage and number of landowners over whose property the 
20 proposed route traverses is 1/5 or less of the transmission 
21 line mileage and number of such landowners of the other 
22 county, then the utility may combine the 3 pre-filing 
23 meetings in the county with the greater transmission line 
24 mileage and affected landowners. All other requirements 
25 regarding pre-filing meetings shall apply in both 
26 counties. Notice of the public meeting, including a 
 
 
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1 description of the Project, must be provided in writing to 
2 the clerk of each county where the Project is to be 
3 located. A representative of the Commission shall be 
4 invited to each pre-filing public meeting.
5 (b) At the first status hearing the administrative law 
6judge shall set a schedule for discovery that shall take into 
7consideration the expedited nature of the proceeding. 
8 (c) Nothing in this Section prohibits a utility from 
9requesting, or the Commission from approving, protection of 
10confidential or proprietary information under applicable law. 
11The public utility may seek confidential protection of any of 
12the information provided pursuant to this Section, subject to 
13Commission approval.
14 (d) The public utility shall publish notice of its 
15application in the official State newspaper within 10 days 
16following the date of the application's filing.
17 (e) The public utility shall establish a dedicated website 
18for the Project 3 weeks prior to the first public meeting and 
19maintain the website until construction of the Project is 
20complete. The website address shall be included in all public 
21notices.
22 (f) The Commission shall, after notice and hearing, grant a 
23certificate of public convenience and necessity filed in 
24accordance with the requirements of this Section if, based upon 
25the application filed with the Commission and the evidentiary 
26record, it finds the Project will promote the public 
 
 
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1convenience and necessity and that all of the following 
2criteria are satisfied:
3  (1) That the Project is necessary to provide adequate, 
4 reliable, and efficient service to the public utility's 
5 customers and is the least-cost means of satisfying the 
6 service needs of the public utility's customers or that the 
7 Project will promote the development of an effectively 
8 competitive electricity market that operates efficiently, 
9 is equitable to all customers, and is the least cost means 
10 of satisfying those objectives.
11  (2) That the public utility is capable of efficiently 
12 managing and supervising the construction process and has 
13 taken sufficient action to ensure adequate and efficient 
14 construction and supervision of the construction.
15  (3) That the public utility is capable of financing the 
16 proposed construction without significant adverse 
17 financial consequences for the utility or its customers.
18 (g) The Commission shall issue its decision with findings 
19of fact and conclusions of law granting or denying the 
20application no later than 150 days after the application is 
21filed. The Commission may extend the 150-day deadline upon 
22notice by an additional 75 days if, on or before the 30th day 
23after the filing of the application, the Commission finds that 
24good cause exists to extend the 150-day period.
25 (h) In the event the Commission grants a public utility's 
26application for a certificate pursuant to this Section, the 
 
 
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1public utility shall pay a one-time construction fee to each 
2county in which the Project is constructed within 30 days after 
3the completion of construction. The construction fee shall be 
4$20,000 per mile of high voltage electric service line 
5constructed in that county, or a proportionate fraction of that 
6fee. The fee shall be in lieu of any permitting fees that 
7otherwise would be imposed by a county. Counties receiving a 
8payment under this subsection (h) may distribute all or 
9portions of the fee to local taxing districts in that county.
10 (i) Notwithstanding any other provisions of this Act, a 
11decision granting a certificate under this Section shall 
12include an order pursuant to Section 8-503 of this Act 
13authorizing or directing the construction of the high voltage 
14electric service line and related facilities as approved by the 
15Commission, in the manner and within the time specified in said 
16order.

17 (j) The amendatory changes made to this Section by this 
18amendatory Act of the 98th General Assembly shall apply to all 
19applications filed on or after the effective date of this 
20amendatory Act of the 98th General Assembly and to all 
21applications filed before the effective date of this amendatory 
22Act for which the Commission has not issued a decision before 
23the effective date of this amendatory Act. 
24(Source: P.A. 96-1348, eff. 7-28-10.)


25 Section 99. Effective date. This Act takes effect upon 
 
 
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1becoming law.".