Bill Text: IL SB3131 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act. Changes references to "hearing examiner" to references to "administrative law judge" throughout the Act. Repeals provisions concerning emission allowances, conducting a study on billing practices and policies, conducting a study on strategic options for changing the structure of energy service markets, conducting a study on the feasibility of wheeling electricity in the State, rules for recovering costs of canceled facilities, recovery of additional charges refunded to customers, conducting a study on implementing promotional rates for industrial and commercial customers, alternative rate regulations, and conducting a study on patterns of entry and exit for each relevant market for telecommunications services. Removes references to repealed provisions. Makes conforming changes in the High Speed Internet Services and Information Technology Act. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2018-08-13 - Public Act . . . . . . . . . 100-0840 [SB3131 Detail]

Download: Illinois-2017-SB3131-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3131

Introduced 2/15/2018, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:
See Index

Amends the Public Utilities Act. Changes references to "hearing examiner" to references to "administrative law judge" throughout the Act. Repeals provisions concerning emission allowances, conducting a study on billing practices and policies, conducting a study on strategic options for changing the structure of energy service markets, conducting a study on the feasibility of wheeling electricity in the State, rules for recovering costs of canceled facilities, recovery of additional charges refunded to customers, conducting a study on implementing promotional rates for industrial and commercial customers, alternative rate regulations, and conducting a study on patterns of entry and exit for each relevant market for telecommunications services. Removes references to repealed provisions. Makes conforming changes in the High Speed Internet Services and Information Technology Act. Makes other changes. Effective immediately.
LRB100 19958 SMS 35239 b

A BILL FOR

SB3131LRB100 19958 SMS 35239 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The High Speed Internet Services and Information
5Technology Act is amended by changing Section 20 as follows:
6 (20 ILCS 661/20)
7 Sec. 20. Duties of the enlisted nonprofit organization.
8 (a) The high speed Internet deployment strategy and demand
9creation initiative to be performed by the nonprofit
10organization shall include, but not be limited to, the
11following actions:
12 (1) Create a geographic statewide inventory of high
13 speed Internet service and other relevant broadband and
14 information technology services. The inventory shall:
15 (A) identify geographic gaps in high speed
16 Internet service through a method of GIS mapping of
17 service availability and GIS analysis at the census
18 block level;
19 (B) provide a baseline assessment of statewide
20 high speed Internet deployment in terms of percentage
21 of Illinois households with high speed Internet
22 availability; and
23 (C) collect from Facilities-based Providers of

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1 Broadband Connections to End User Locations the
2 information provided pursuant to the agreements
3 entered into with the non-profit organization as of the
4 effective date of this amendatory Act of the 96th
5 General Assembly or similar information from
6 Facilities-based Providers of Broadband Connections to
7 End User Locations that do not have the agreements on
8 said date.
9 For the purposes of item (C), "Facilities-based
10 Providers of Broadband Connections to End User
11 Locations" means an entity that meets any of the
12 following conditions:
13 (i) It owns the portion of the physical
14 facility that terminates at the end user location.
15 (ii) It obtains unbundled network elements
16 (UNEs), special access lines, or other leased
17 facilities that terminate at the end user location
18 and provisions or equips them as broadband.
19 (iii) It provisions or equips a broadband
20 wireless channel to the end user location over
21 licensed or unlicensed spectrum.
22 "Facilities-based Provider of Broadband
23 Connections to End User Locations" does not include
24 providers of terrestrial fixed wireless services (such
25 as Wi-Fi and other wireless Ethernet, or wireless local
26 area network, applications) that only enable local

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1 distribution and sharing of a premises broadband
2 facility and does not include air-to-ground services.
3 shall have the same meaning as that term is defined in
4 Section 13-407 of the Public Utilities Act.
5 (2) Track and identify, through customer interviews
6 and surveys and other publicly available sources,
7 statewide residential and business adoption of high speed
8 Internet, computers, and related information technology
9 and any barriers to adoption.
10 (3) Build and facilitate in each county or designated
11 region a local technology planning team with members
12 representing a cross section of the community, including,
13 but not limited to, representatives of business, K-12
14 education, health care, libraries, higher education,
15 community-based organizations, local government, tourism,
16 parks and recreation, and agriculture. Each team shall
17 benchmark technology use across relevant community
18 sectors, set goals for improved technology use within each
19 sector, and develop a plan for achieving its goals, with
20 specific recommendations for online application
21 development and demand creation.
22 (4) Collaborate with high speed Internet providers and
23 technology companies to encourage deployment and use,
24 especially in underserved areas, by aggregating local
25 demand, mapping analysis, and creating market intelligence
26 to improve the business case for providers to deploy.

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1 (5) Collaborate with the Department in developing a
2 program to increase computer ownership and broadband
3 access for disenfranchised populations across the State.
4 The program may include grants to local community
5 technology centers that provide technology training,
6 promote computer ownership, and increase broadband access.
7 (6) Collaborate with the Department and the Illinois
8 Commerce Commission regarding the collection of the
9 information required by this Section to assist in
10 monitoring and analyzing the broadband markets and the
11 status of competition and deployment of broadband services
12 to consumers in the State, including the format of
13 information requested, provided the Commission enters into
14 the proprietary and confidentiality agreements governing
15 such information.
16 (b) The nonprofit organization may apply for federal grants
17consistent with the objectives of this Act.
18 (c) (Blank).
19 (d) The nonprofit organization shall have the power to
20obtain or to raise funds other than the grants received from
21the Department under this Act.
22 (e) The nonprofit organization and its Board of Directors
23shall exist separately and independently from the Department
24and any other governmental entity, but shall cooperate with
25other public or private entities it deems appropriate in
26carrying out its duties.

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1 (f) Notwithstanding anything in this Act or any other Act
2to the contrary, any information that is designated
3confidential or proprietary by an entity providing the
4information to the nonprofit organization or any other entity
5to accomplish the objectives of this Act shall be deemed
6confidential, proprietary, and a trade secret and treated by
7the nonprofit organization or anyone else possessing the
8information as such and shall not be disclosed.
9 (g) The nonprofit organization shall provide a report to
10the Commission on Government Forecasting and Accountability on
11an annual basis for the first 3 complete State fiscal years
12following its enlistment.
13(Source: P.A. 99-576, eff. 7-15-16.)
14 Section 10. The Public Utilities Act is amended by changing
15Sections 2-105, 2-106, 4-304, 5-102, 6-102, 7-204, 8-103B,
168-508, 8-509, 9-102.1, 9-201, 9-214, 9-222.2, 9-223, 10-101,
1710-101.1, 10-103, 10-104, 10-105, 10-106, 10-107, 10-110,
1810-111, 10-201, 10-204, 13-506.2, 13-515, 16-108.5, and 16-111
19as follows:
20 (220 ILCS 5/2-105) (from Ch. 111 2/3, par. 2-105)
21 Sec. 2-105. Organization; executive director; assistants
22to Commissioners.
23 (a) In order that the Commission may perform the duties and
24exercise the powers granted to it and assume its

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1responsibilities under this Act and any and all other statutes
2of this State, the Commission, acting jointly, shall hire an
3executive director who shall be responsible to the Commission
4and shall serve subject only to removal by the Commission for
5good cause. The executive director shall be responsible for the
6supervision and direction of the Commission staff and for the
7necessary administrative activities of the Commission, subject
8only to Commission direction and approval. In furtherance
9thereof, the executive director may organize the Commission
10staff into such departments, bureaus, sections, or divisions as
11he may deem necessary or appropriate. In connection therewith,
12the executive director may delegate and assign to one or more
13staff member or members the supervision and direction of any
14such department, bureau, section, or division.
15 (b) The executive director shall obtain, subject to the
16provisions of the Personnel Code, such accountants, engineers,
17experts, inspectors, clerks, and employees as may be necessary
18to carry out the provisions of this Act or to perform the
19duties and exercise the powers conferred by law upon the
20Commission. All accountants, engineers, experts, inspectors,
21clerks, and employees of the Commission shall receive the
22compensation fixed by the Executive Director, subject only to
23Commission approval. Notwithstanding these provisions, each
24commissioner shall have the authority to retain up to 2
25full-time assistants, subject to the provisions of the
26Personnel Code, who shall be supervised by the commissioner and

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1whose compensation shall be fixed by the commissioner.
2 (c) The commissioners, executive director, administrative
3law judges hearing examiners, accountants, engineers, clerks,
4inspectors, experts, and other employees shall have reimbursed
5to them all actual and necessary traveling and other expenses
6and disbursements necessarily incurred or made by them in the
7discharge of their official duties. The Commission and
8executive director may also incur necessary expenses for office
9furniture, stationery, printing, and other incidental
10expenses.
11 (d) A copy of any contract executed between the Commission
12and the executive director which establishes or provides for
13the expenditure of public funds shall be filed with the State
14Comptroller within 15 days of execution and shall be available
15for public inspection. Any cancellation or modification of any
16such contract shall be filed with the State Comptroller within
1715 days of execution and shall be available for public
18inspection. When a contract or modification required to be
19filed under this subsection has not been filed within 30 days
20of execution, the State Comptroller shall refuse to issue any
21warrant for payment thereunder until the Commission files the
22contract or modification with the State Comptroller.
23(Source: P.A. 89-429, eff. 12-15-95.)
24 (220 ILCS 5/2-106) (from Ch. 111 2/3, par. 2-106)
25 Sec. 2-106. (a) The executive director shall employ

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1administrative law judges hearing examiners to make valuations
2of public utility properties, or to estimate proper rates of
3service of public utilities, or to examine other questions
4coming before the Commission, by taking testimony or by
5independent investigation. The executive director shall
6designate one administrative law judge hearing examiner to
7serve as chief administrative law judge hearing examiner who
8shall be responsible for supervising and directing the
9activities of all administrative law judges hearing examiners,
10subject to the approval of the executive director.
11Administrative law judges Hearing examiners shall, under the
12direction of the chief administrative law judge hearing
13examiner, take testimony of witnesses, examine accounts,
14records, books, papers and physical properties, either by
15holding hearings or making independent investigations, in any
16matter referred to them by the chief administrative law judge
17hearing examiner; and make report thereof to the chief
18administrative law judge hearing examiner, and attend at
19hearings before the Commission when so directed by the chief
20administrative law judge hearing examiner, for the purpose of
21explaining their investigations and the result thereof to the
22Commission and the parties interested; and perform such other
23duties as the chief administrative law judge hearing examiner
24may direct.
25 (b) All administrative law judges hearing examiners
26employed by the Commission shall be thoroughly familiar with

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1applicable rules of evidence, procedure and administrative
2law. At least every two years after an administrative law judge
3a hearing examiner is employed by the Commission, the executive
4director and chief administrative law judge hearing examiner
5shall review the performance of such administrative law judge
6hearing examiner based on whether the administrative law judge
7examiner:
8 (i) is, and is perceived to be, fair to all parties;
9 (ii) has a judicious and considerate temperament;
10 (iii) is capable of comprehending and properly conducting
11proceedings and other duties to which he is assigned;
12 (iv) is capable of understanding and rendering rulings on
13legal and evidentiary issues;
14 (v) is capable of independently evaluating the evidentiary
15record and drafting a proposed final order which reflects
16careful, impartial and competent analysis; and
17 (vi) meets any other qualifications deemed relevant or
18necessary by the executive director or chief administrative law
19judge hearing examiner.
20(Source: P.A. 84-617.)
21 (220 ILCS 5/4-304) (from Ch. 111 2/3, par. 4-304)
22 Sec. 4-304. Beginning in 1986, the Commission shall prepare
23an annual report which shall be filed by January 31 of each
24year with the Joint Committee on Legislative Support Services
25of the General Assembly and the Governor and which shall be

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1publicly available. Such report shall include:
2 (1) A general review of agency activities and changes,
3 including:
4 (a) a review of significant decisions and other
5 regulatory actions for the preceding year, and pending
6 cases, and an analysis of the impact of such decisions
7 and actions, and potential impact of any significant
8 pending cases;
9 (b) for each significant decision, regulatory
10 action and pending case, a description of the positions
11 advocated by major parties, including Commission
12 staff, and for each such decision rendered or action
13 taken, the position adopted by the Commission and
14 reason therefor;
15 (c) a description of the Commission's budget,
16 caseload, and staff levels, including specifically:
17 (i) a breakdown by type of case of the cases
18 resolved and filed during the year and of pending
19 cases;
20 (ii) a description of the allocation of the
21 Commission's budget, identifying amounts budgeted
22 for each significant regulatory function or
23 activity and for each department, bureau, section,
24 division or office of the Commission and its
25 employees;
26 (iii) a description of current employee

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1 levels, identifying any change occurring during
2 the year in the number of employees, personnel
3 policies and practices or compensation levels; and
4 identifying the number and type of employees
5 assigned to each Commission regulatory function
6 and to each department, bureau, section, division
7 or office of the Commission;
8 (d) a description of any significant changes in
9 Commission policies, programs or practices with
10 respect to agency organization and administration,
11 hearings and procedures or substantive regulatory
12 activity.
13 (2) A discussion and analysis of the state of each
14 utility industry regulated by the Commission and
15 significant changes, trends and developments therein,
16 including the number and types of firms offering each
17 utility service, existing, new and prospective
18 technologies, variations in the quality, availability and
19 price for utility services in different geographic areas of
20 the State, and any other industry factors or circumstances
21 which may affect the public interest or the regulation of
22 such industries.
23 (3) A specific discussion of the energy planning
24 responsibilities and activities of the Commission and
25 energy utilities, including:
26 (a) the extent to which conservation,

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1 cogeneration, renewable energy technologies and
2 improvements in energy efficiency are being utilized
3 by energy consumers, the extent to which additional
4 potential exists for the economical utilization of
5 such supplies, and a description of existing and
6 proposed programs and policies designed to promote and
7 encourage such utilization;
8 (b) a description of each energy plan filed with
9 the Commission pursuant to the provisions of this Act,
10 and a copy, or detailed summary of the most recent
11 energy plans adopted by the Commission;
12 (c) a discussion of the powers by which the
13 Commission is implementing the planning
14 responsibilities of Article VIII, including a
15 description of the staff and budget assigned to such
16 function, the procedures by which Commission staff
17 reviews and analyzes energy plans submitted by the
18 utilities, the Department of Natural Resources, and
19 any other person or party; and
20 (d) a summary of the adoption of solar photovoltaic
21 systems by residential and small business consumers in
22 Illinois and a description of any and all barriers to
23 residential and small business consumers' financing,
24 installation, and valuation of energy produced by
25 solar photovoltaic systems; electric utilities,
26 alternative retail electric suppliers, and installers

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1 of distributed generation shall provide all
2 information requested by the Commission or its staff
3 necessary to complete the analysis required by this
4 paragraph (d).
5 (4) A discussion of the extent to which utility
6 services are available to all Illinois citizens including:
7 (a) the percentage and number of persons or
8 households requiring each such service who are not
9 receiving such service, and the reasons therefore,
10 including specifically the number of such persons or
11 households who are unable to afford such service;
12 (b) a critical analysis of existing programs
13 designed to promote and preserve the availability and
14 affordability of utility services; and
15 (c) an analysis of the financial impact on
16 utilities and other ratepayers of the inability of some
17 customers or potential customers to afford utility
18 service, including the number of service
19 disconnections and reconnections, and cost thereof and
20 the dollar amount of uncollectible accounts recovered
21 through rates.
22 (5) A detailed description of the means by which the
23 Commission is implementing its new statutory
24 responsibilities under this Act, and the status of such
25 implementation, including specifically:
26 (a) Commission reorganization resulting from the

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1 addition of an Executive Director and administrative
2 law judge hearing examiner qualifications and review;
3 (b) Commission responsibilities for construction
4 and rate supervision, including construction cost
5 audits, management audits, excess capacity
6 adjustments, phase-ins of new plant and the means and
7 capability for monitoring and reevaluating existing or
8 future construction projects;
9 (c) promulgation and application of rules
10 concerning ex parte communications, circulation of
11 recommended orders and transcription of closed
12 meetings.
13 (6) A description of all appeals taken from Commission
14 orders, findings or decisions and the status and outcome of
15 such appeals.
16 (7) A description of the status of all studies and
17 investigations required by this Act, including those
18 ordered pursuant to Section Sections 8-304, 9-242, 9-244
19 and 13-301 and all such subsequently ordered studies or
20 investigations.
21 (8) A discussion of new or potential developments in
22 federal legislation, and federal agency and judicial
23 decisions relevant to State regulation of utility
24 services.
25 (9) All recommendations for appropriate legislative
26 action by the General Assembly.

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1 The Commission may include such other information as it
2deems to be necessary or beneficial in describing or explaining
3its activities or regulatory responsibilities. The report
4required by this Section shall be adopted by a vote of the full
5Commission prior to filing.
6(Source: P.A. 99-107, eff. 7-22-15.)
7 (220 ILCS 5/5-102) (from Ch. 111 2/3, par. 5-102)
8 Sec. 5-102. The Commission shall have power to establish a
9uniform system of accounts to be kept by public utilities or to
10classify public utilities and to establish a uniform system of
11accounts for each class and to prescribe the manner in which
12such accounts shall be kept. It may also, in its discretion,
13prescribe the forms of accounts to be kept by public utilities,
14including records of service, as well as accounts of earnings
15and expenses, and any other forms, records and memoranda which
16in the judgment of the Commission may be necessary to carry out
17any of the provisions of this Act. The system of accounts
18established by the Commission and the forms of accounts
19prescribed by it shall not be inconsistent, in the case of
20corporations subject to the provisions of the Act of Congress
21entitled, "An Act to regulate commerce," approved February
22fourth, eighteen hundred and eighty-seven, and the Acts
23amendatory thereof and supplementary thereto, with the systems
24and forms from time to time established for such corporations
25by the Interstate Commerce Commission, but nothing herein

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1contained shall affect the power of the Commission to prescribe
2forms of accounts for such corporations, with the approval of
3the Interstate Commerce Commission, covering information in
4addition to that required by the Interstate Commerce
5Commission. Where the Commission has prescribed the forms of
6accounts to be kept by any public utility for any of its
7business, it shall thereafter be unlawful for such public
8utility to keep any accounts for such business other than those
9prescribed or approved by the Commission, or those prescribed
10by or under the authority of any other state or of the United
11States.
12 The Commission may, from time to time, alter, amend or
13repeal, in whole or in part, any uniform system of accounts, or
14the form and manner of keeping accounts.
15(Source: P.A. 84-617.)
16 (220 ILCS 5/6-102) (from Ch. 111 2/3, par. 6-102)
17 Sec. 6-102. Authorization of issues of stock.
18 (a) Subject to the provisions of this Act and of the order
19of the Commission issued as provided in this Act, a public
20utility may issue stocks and stock certificates, and bonds,
21notes and other evidences of indebtedness payable at periods of
22more than 12 months after the date thereof for any lawful
23purpose. However, such public utility shall first have secured
24from the Commission an order authorizing such issue and stating
25the amount thereof and the purpose or purposes to which the

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1issue or the proceeds thereof are to be applied, and that in
2the opinion of the Commission, the money, property or labor to
3be procured or paid for by such issue is reasonably required
4for the purpose or purposes specified in the order.
5 (b) The provisions of this subsection (b) shall apply only
6to (1) any issuances of stock in a cumulative amount, exclusive
7of any issuances referred to in item (3), that are 10% or more
8in a calendar year or 20% or more in a 24-month period of the
9total common stockholders' equity or of the total amount of
10preferred stock outstanding, as the case may be, of the public
11utility, and (2) to any issuances of bonds, notes or other
12evidences of indebtedness in a cumulative principal amount,
13exclusive of any issuances referred to in item (3), that are
1410% or more in a calendar year or 20% or more in a 24-month
15period of the aggregate principal amount of bonds, notes and
16other evidences of indebtedness of the public utility
17outstanding, all as of the date of the issuance, but shall not
18apply to (3) any issuances of stock or of bonds, notes or other
19evidences of indebtedness 90% or more of the proceeds of which
20are to be used by the public utility for purposes of refunding,
21redeeming or refinancing outstanding issues of stock, bonds,
22notes or other evidences of indebtedness. To enable it to
23determine whether it will issue the order required by
24subsection (a) of this Section, the Commission may hold a
25hearing and may make such additional inquiry or investigation,
26and examine such witnesses, books, papers, accounts, documents

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1and contracts and require the filing of such data as it may
2deem of assistance. The public utility may be required by the
3Commission to disclose every interest of the directors of such
4public utility in any transaction under investigation. The
5Commission shall have power to investigate all such
6transactions and to inquire into the good faith thereof, to
7examine books, papers, accounts, documents and contracts of
8public utilities, construction or other companies or of firms
9or individuals with whom the public utility shall have had
10financial transactions, for the purpose of enabling it to
11verify any statements furnished, and to examine into the actual
12value of property acquired by or services rendered to such
13public utility. Before issuing its order, the Commission, when
14it is deemed necessary by the Commission, shall make an
15adequate physical valuation of all property of the public
16utility, but a valuation already made under proper public
17supervision may be adopted, either in whole or in part, at the
18discretion of the Commission; and shall also examine all
19previously authorized or outstanding securities of the public
20utility, and fixed charges attached thereto. A statement of the
21results of such physical valuation, and a statement of the
22character of all outstanding securities, together with the
23conditions under which they are held, shall be included in the
24order. The Commission may require that such information or such
25part thereof as it thinks proper, shall appear upon the stock,
26stock certificate, bond, note or other evidence of indebtedness

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1authorized by its order. The Commission may by its order grant
2permission for the issue of such stock certificates, or bonds,
3notes or other evidences of indebtedness in the amount applied
4for, or in a lesser amount, or not at all, and may attach to the
5exercise of its permission such condition or conditions as it
6may deem reasonable and necessary. Nothing in this Section
7shall prevent a public utility from seeking, nor the Commission
8from approving, a shelf registration plan for issuing
9securities over a reasonable period in accordance with
10regulations established by the United States Securities and
11Exchange Commission. Any securities issued pursuant to an
12approved shelf registration plan need not be further approved
13by the Commission so long as they are in compliance with the
14approved shelf registration plan. The Commission shall have the
15power to refuse its approval of applications to issue
16securities, in whole or in part, upon a finding that the issue
17of such securities would be contrary to public interest. The
18Commission may also require the public utility to compile for
19the information of its shareholders such facts in regard to its
20financial transactions, in such form as the Commission may
21direct.
22 No public utility shall, without the consent of the
23Commission, apply the issue of any stock or stock certificates,
24or bond, note or other evidence of indebtedness, which was
25issued pursuant to an order of the Commission entered pursuant
26to this subsection (b), or any part thereof, or any proceeds

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1thereof, to any purpose not specified in the Commission's order
2or to any purpose specified in the Commission's order in excess
3of the amount authorized for such purpose; or issue or dispose
4of the same on any terms less favorable than those specified in
5such order, or a modification thereof. The Commission shall
6have the power to require public utilities to account for the
7disposition of the proceeds of all sales of stocks and stock
8certificates, and bonds, notes and other evidences of
9indebtedness, which were issued pursuant to an order of the
10Commission entered pursuant to this subsection (b), in such
11form and detail as it may deem advisable, and to establish such
12rules and regulations as it may deem reasonable and necessary
13to insure the disposition of such proceeds for the purpose or
14purposes specified in its order.
15 (c) A public utility may issue notes, for proper purposes,
16and not in violation of any provision of this Act or any other
17Act, payable at periods of not more than 12 months after the
18date of issuance of the same, without the consent of the
19Commission; but no such note shall, in whole or in part, be
20renewed or be refunded from the proceeds of any other such note
21or evidence of indebtedness from time to time without the
22consent of the Commission for an aggregate period of longer
23than 2 years. A "telecommunications carrier" as that term is
24defined by Section 13-202 of this Act is exempt from the
25requirements of this subsection (c).
26 (d) Any issuance of stock or of bonds, notes or other

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1evidences of indebtedness, other than issuances of notes
2pursuant to subsection (c) of this Section, which is not
3subject to subsection (b) of this Section, shall be regulated
4by the Commission as follows: the public utility shall file
5with the Commission, at least 15 days before the date of the
6issuance, an informational statement setting forth the type and
7amount of the issue and the purpose or purposes to which the
8issue or the proceeds thereof are to be applied. Prior to the
9date of the issuance specified in the public utility's filing,
10the Commission, if it finds that the issuance is not subject to
11subsection (b) of this Section, shall issue a written order in
12conformance with subsection (a) of this Section authorizing the
13issuance. Notwithstanding any other provisions of this Act, the
14Commission may delegate its authority to enter the order
15required by this subsection (d) to an administrative law judge
16a hearing examiner.
17 (e) The Commission shall have no power to authorize the
18capitalization of the right to be a corporation, or to
19authorize the capitalization of any franchise, license, or
20permit whatsoever or the right to own, operate or enjoy any
21such franchise, license, or permit, in excess of the amount
22(exclusive of any tax or annual charge) actually paid to the
23State or to a political subdivision thereof as the
24consideration for the grant of such franchise, license, permit
25or right; nor shall any contract for consolidation or lease be
26capitalized, nor shall any public utility hereafter issue any

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1bonds, notes or other evidences of indebtedness against or as a
2lien, upon any contract for consolidation or merger.
3 (f) The provisions of this Section shall not apply to
4public utilities which are not corporations duly incorporated
5under the laws of this State to the extent that any such public
6utility may issue stock, bonds, notes or other evidences of
7indebtedness not directly or indirectly constituting or
8creating a lien or charge on, or right to profits from, any
9property used or useful in rendering service within this State.
10Nothing in this Section or in Section 6-104 of this Act shall
11be construed to require a common carrier by railroad subject to
12Part I of the Interstate Commerce Act, being part of an Act of
13the 49th Congress of the United States entitled "An Act to
14Regulate Commerce", as amended, to secure from the Commission
15authority to issue or execute or deliver any conditional sales
16contract or similar contract or instrument reserving or
17retaining title in the seller for all or part of the purchase
18price of equipment or property used or to be used for or in
19connection with the transportation of persons or property.
20(Source: P.A. 90-561, eff. 12-16-97; 91-69, eff. 7-9-99.)
21 (220 ILCS 5/7-204) (from Ch. 111 2/3, par. 7-204)
22 Sec. 7-204. Reorganization defined; Commission approval
23therefore.
24 (a) For purposes of this Section, "reorganization" means
25any transaction which, regardless of the means by which it is

SB3131- 23 -LRB100 19958 SMS 35239 b
1accomplished, results in a change in the ownership of a
2majority of the voting capital stock of an Illinois public
3utility; or the ownership or control of any entity which owns
4or controls a majority of the voting capital stock of a public
5utility; or by which 2 public utilities merge, or by which a
6public utility acquires substantially all of the assets of
7another public utility; provided, however, that
8"reorganization" as used in this Section shall not include a
9mortgage or pledge transaction entered into to secure a bona
10fide borrowing by the party granting the mortgage or making the
11pledge.
12 In addition to the foregoing, "reorganization" shall
13include for purposes of this Section any transaction which,
14regardless of the means by which it is accomplished, will have
15the effect of terminating the affiliated interest status of any
16entity as defined in paragraphs (a), (b), (c) or (d) of
17subsection (2) of Section 7-101 of this Act where such entity
18had transactions with the public utility, in the 12 calendar
19months immediately preceding the date of termination of such
20affiliated interest status subject to subsection (3) of Section
217-101 of this Act with a value greater than 15% of the public
22utility's revenues for that same 12-month period. If the
23proposed transaction would have the effect of terminating the
24affiliated interest status of more than one Illinois public
25utility, the utility with the greatest revenues for the
2612-month period shall be used to determine whether such

SB3131- 24 -LRB100 19958 SMS 35239 b
1proposed transaction is a reorganization for the purposes of
2this Section. The Commission shall have jurisdiction over any
3reorganization as defined herein.
4 (b) No reorganization shall take place without prior
5Commission approval. The Commission shall not approve any
6proposed reorganization if the Commission finds, after notice
7and hearing, that the reorganization will adversely affect the
8utility's ability to perform its duties under this Act. The
9Commission shall not approve any proposed reorganization
10unless the Commission finds, after notice and hearing, In
11reviewing any proposed reorganization, the Commission must
12find that:
13 (1) the proposed reorganization will not diminish the
14 utility's ability to provide adequate, reliable,
15 efficient, safe and least-cost public utility service;
16 (2) the proposed reorganization will not result in the
17 unjustified subsidization of non-utility activities by the
18 utility or its customers;
19 (3) costs and facilities are fairly and reasonably
20 allocated between utility and non-utility activities in
21 such a manner that the Commission may identify those costs
22 and facilities which are properly included by the utility
23 for ratemaking purposes;
24 (4) the proposed reorganization will not significantly
25 impair the utility's ability to raise necessary capital on
26 reasonable terms or to maintain a reasonable capital

SB3131- 25 -LRB100 19958 SMS 35239 b
1 structure;
2 (5) the utility will remain subject to all applicable
3 laws, regulations, rules, decisions and policies governing
4 the regulation of Illinois public utilities;
5 (6) the proposed reorganization is not likely to have a
6 significant adverse effect on competition in those markets
7 over which the Commission has jurisdiction;
8 (7) the proposed reorganization is not likely to result
9 in any adverse rate impacts on retail customers.
10 (c) The Commission shall not approve a reorganization
11without ruling on: (i) the allocation of any savings resulting
12from the proposed reorganization; and (ii) whether the
13companies should be allowed to recover any costs incurred in
14accomplishing the proposed reorganization and, if so, the
15amount of costs eligible for recovery and how the costs will be
16allocated.
17 (d) The Commission shall issue its Order approving or
18denying the proposed reorganization within 11 months after the
19application is filed. The Commission may extend the deadline
20for a period equivalent to the length of any delay which the
21Commission finds to have been caused by the Applicant's failure
22to provide data or information requested by the Commission or
23that the Commission ordered the Applicant to provide to the
24parties. The Commission may also extend the deadline by an
25additional period not to exceed 3 months to consider amendments
26to the Applicant's filing, or to consider reasonably

SB3131- 26 -LRB100 19958 SMS 35239 b
1unforeseeable changes in circumstances subsequent to the
2Applicant's initial filing.
3 (e) Subsections (c) and (d) and subparagraphs (6) and (7)
4of subsection (b) of this Section shall apply only to merger
5applications submitted to the Commission subsequent to April
623, 1997. No other Commission approvals shall be required for
7mergers that are subject to this Section.
8 (f) In approving any proposed reorganization pursuant to
9this Section the Commission may impose such terms, conditions
10or requirements as, in its judgment, are necessary to protect
11the interests of the public utility and its customers.
12(Source: P.A. 90-561, eff. 12-16-97.)
13 (220 ILCS 5/8-103B)
14 Sec. 8-103B. Energy efficiency and demand-response
15measures.
16 (a) It is the policy of the State that electric utilities
17are required to use cost-effective energy efficiency and
18demand-response measures to reduce delivery load. Requiring
19investment in cost-effective energy efficiency and
20demand-response measures will reduce direct and indirect costs
21to consumers by decreasing environmental impacts and by
22avoiding or delaying the need for new generation, transmission,
23and distribution infrastructure. It serves the public interest
24to allow electric utilities to recover costs for reasonably and
25prudently incurred expenditures for energy efficiency and

SB3131- 27 -LRB100 19958 SMS 35239 b
1demand-response measures. As used in this Section,
2"cost-effective" means that the measures satisfy the total
3resource cost test. The low-income measures described in
4subsection (c) of this Section shall not be required to meet
5the total resource cost test. For purposes of this Section, the
6terms "energy-efficiency", "demand-response", "electric
7utility", and "total resource cost test" have the meanings set
8forth in the Illinois Power Agency Act.
9 (a-5) This Section applies to electric utilities serving
10more than 500,000 retail customers in the State for those
11multi-year plans commencing after December 31, 2017.
12 (b) For purposes of this Section, electric utilities
13subject to this Section that serve more than 3,000,000 retail
14customers in the State shall be deemed to have achieved a
15cumulative persisting annual savings of 6.6% from energy
16efficiency measures and programs implemented during the period
17beginning January 1, 2012 and ending December 31, 2017, which
18percent is based on the deemed average weather normalized sales
19of electric power and energy during calendar years 2014, 2015,
20and 2016 of 88,000,000 MWhs. For the purposes of this
21subsection (b) and subsection (b-5), the 88,000,000 MWhs of
22deemed electric power and energy sales shall be reduced by the
23number of MWhs equal to the sum of the annual consumption of
24customers that are exempt from subsections (a) through (j) of
25this Section under subsection (l) of this Section, as averaged
26across the calendar years 2014, 2015, and 2016. After 2017, the

SB3131- 28 -LRB100 19958 SMS 35239 b
1deemed value of cumulative persisting annual savings from
2energy efficiency measures and programs implemented during the
3period beginning January 1, 2012 and ending December 31, 2017,
4shall be reduced each year, as follows, and the applicable
5value shall be applied to and count toward the utility's
6achievement of the cumulative persisting annual savings goals
7set forth in subsection (b-5):
8 (1) 5.8% deemed cumulative persisting annual savings
9 for the year ending December 31, 2018;
10 (2) 5.2% deemed cumulative persisting annual savings
11 for the year ending December 31, 2019;
12 (3) 4.5% deemed cumulative persisting annual savings
13 for the year ending December 31, 2020;
14 (4) 4.0% deemed cumulative persisting annual savings
15 for the year ending December 31, 2021;
16 (5) 3.5% deemed cumulative persisting annual savings
17 for the year ending December 31, 2022;
18 (6) 3.1% deemed cumulative persisting annual savings
19 for the year ending December 31, 2023;
20 (7) 2.8% deemed cumulative persisting annual savings
21 for the year ending December 31, 2024;
22 (8) 2.5% deemed cumulative persisting annual savings
23 for the year ending December 31, 2025;
24 (9) 2.3% deemed cumulative persisting annual savings
25 for the year ending December 31, 2026;
26 (10) 2.1% deemed cumulative persisting annual savings

SB3131- 29 -LRB100 19958 SMS 35239 b
1 for the year ending December 31, 2027;
2 (11) 1.8% deemed cumulative persisting annual savings
3 for the year ending December 31, 2028;
4 (12) 1.7% deemed cumulative persisting annual savings
5 for the year ending December 31, 2029; and
6 (13) 1.5% deemed cumulative persisting annual savings
7 for the year ending December 31, 2030.
8 For purposes of this Section, "cumulative persisting
9annual savings" means the total electric energy savings in a
10given year from measures installed in that year or in previous
11years, but no earlier than January 1, 2012, that are still
12operational and providing savings in that year because the
13measures have not yet reached the end of their useful lives.
14 (b-5) Beginning in 2018, electric utilities subject to this
15Section that serve more than 3,000,000 retail customers in the
16State shall achieve the following cumulative persisting annual
17savings goals, as modified by subsection (f) of this Section
18and as compared to the deemed baseline of 88,000,000 MWhs of
19electric power and energy sales set forth in subsection (b), as
20reduced by the number of MWhs equal to the sum of the annual
21consumption of customers that are exempt from subsections (a)
22through (j) of this Section under subsection (l) of this
23Section as averaged across the calendar years 2014, 2015, and
242016, through the implementation of energy efficiency measures
25during the applicable year and in prior years, but no earlier
26than January 1, 2012:

SB3131- 30 -LRB100 19958 SMS 35239 b
1 (1) 7.8% cumulative persisting annual savings for the
2 year ending December 31, 2018;
3 (2) 9.1% cumulative persisting annual savings for the
4 year ending December 31, 2019;
5 (3) 10.4% cumulative persisting annual savings for the
6 year ending December 31, 2020;
7 (4) 11.8% cumulative persisting annual savings for the
8 year ending December 31, 2021;
9 (5) 13.1% cumulative persisting annual savings for the
10 year ending December 31, 2022;
11 (6) 14.4% cumulative persisting annual savings for the
12 year ending December 31, 2023;
13 (7) 15.7% cumulative persisting annual savings for the
14 year ending December 31, 2024;
15 (8) 17% cumulative persisting annual savings for the
16 year ending December 31, 2025;
17 (9) 17.9% cumulative persisting annual savings for the
18 year ending December 31, 2026;
19 (10) 18.8% cumulative persisting annual savings for
20 the year ending December 31, 2027;
21 (11) 19.7% cumulative persisting annual savings for
22 the year ending December 31, 2028;
23 (12) 20.6% cumulative persisting annual savings for
24 the year ending December 31, 2029; and
25 (13) 21.5% cumulative persisting annual savings for
26 the year ending December 31, 2030.

SB3131- 31 -LRB100 19958 SMS 35239 b
1 (b-10) For purposes of this Section, electric utilities
2subject to this Section that serve less than 3,000,000 retail
3customers but more than 500,000 retail customers in the State
4shall be deemed to have achieved a cumulative persisting annual
5savings of 6.6% from energy efficiency measures and programs
6implemented during the period beginning January 1, 2012 and
7ending December 31, 2017, which is based on the deemed average
8weather normalized sales of electric power and energy during
9calendar years 2014, 2015, and 2016 of 36,900,000 MWhs. For the
10purposes of this subsection (b-10) and subsection (b-15), the
1136,900,000 MWhs of deemed electric power and energy sales shall
12be reduced by the number of MWhs equal to the sum of the annual
13consumption of customers that are exempt from subsections (a)
14through (j) of this Section under subsection (l) of this
15Section, as averaged across the calendar years 2014, 2015, and
162016. After 2017, the deemed value of cumulative persisting
17annual savings from energy efficiency measures and programs
18implemented during the period beginning January 1, 2012 and
19ending December 31, 2017, shall be reduced each year, as
20follows, and the applicable value shall be applied to and count
21toward the utility's achievement of the cumulative persisting
22annual savings goals set forth in subsection (b-15):
23 (1) 5.8% deemed cumulative persisting annual savings
24 for the year ending December 31, 2018;
25 (2) 5.2% deemed cumulative persisting annual savings
26 for the year ending December 31, 2019;

SB3131- 32 -LRB100 19958 SMS 35239 b
1 (3) 4.5% deemed cumulative persisting annual savings
2 for the year ending December 31, 2020;
3 (4) 4.0% deemed cumulative persisting annual savings
4 for the year ending December 31, 2021;
5 (5) 3.5% deemed cumulative persisting annual savings
6 for the year ending December 31, 2022;
7 (6) 3.1% deemed cumulative persisting annual savings
8 for the year ending December 31, 2023;
9 (7) 2.8% deemed cumulative persisting annual savings
10 for the year ending December 31, 2024;
11 (8) 2.5% deemed cumulative persisting annual savings
12 for the year ending December 31, 2025;
13 (9) 2.3% deemed cumulative persisting annual savings
14 for the year ending December 31, 2026;
15 (10) 2.1% deemed cumulative persisting annual savings
16 for the year ending December 31, 2027;
17 (11) 1.8% deemed cumulative persisting annual savings
18 for the year ending December 31, 2028;
19 (12) 1.7% deemed cumulative persisting annual savings
20 for the year ending December 31, 2029; and
21 (13) 1.5% deemed cumulative persisting annual savings
22 for the year ending December 31, 2030.
23 (b-15) Beginning in 2018, electric utilities subject to
24this Section that serve less than 3,000,000 retail customers
25but more than 500,000 retail customers in the State shall
26achieve the following cumulative persisting annual savings

SB3131- 33 -LRB100 19958 SMS 35239 b
1goals, as modified by subsection (b-20) and subsection (f) of
2this Section and as compared to the deemed baseline as reduced
3by the number of MWhs equal to the sum of the annual
4consumption of customers that are exempt from subsections (a)
5through (j) of this Section under subsection (l) of this
6Section as averaged across the calendar years 2014, 2015, and
72016, through the implementation of energy efficiency measures
8during the applicable year and in prior years, but no earlier
9than January 1, 2012:
10 (1) 7.4% cumulative persisting annual savings for the
11 year ending December 31, 2018;
12 (2) 8.2% cumulative persisting annual savings for the
13 year ending December 31, 2019;
14 (3) 9.0% cumulative persisting annual savings for the
15 year ending December 31, 2020;
16 (4) 9.8% cumulative persisting annual savings for the
17 year ending December 31, 2021;
18 (5) 10.6% cumulative persisting annual savings for the
19 year ending December 31, 2022;
20 (6) 11.4% cumulative persisting annual savings for the
21 year ending December 31, 2023;
22 (7) 12.2% cumulative persisting annual savings for the
23 year ending December 31, 2024;
24 (8) 13% cumulative persisting annual savings for the
25 year ending December 31, 2025;
26 (9) 13.6% cumulative persisting annual savings for the

SB3131- 34 -LRB100 19958 SMS 35239 b
1 year ending December 31, 2026;
2 (10) 14.2% cumulative persisting annual savings for
3 the year ending December 31, 2027;
4 (11) 14.8% cumulative persisting annual savings for
5 the year ending December 31, 2028;
6 (12) 15.4% cumulative persisting annual savings for
7 the year ending December 31, 2029; and
8 (13) 16% cumulative persisting annual savings for the
9 year ending December 31, 2030.
10 The difference between the cumulative persisting annual
11savings goal for the applicable calendar year and the
12cumulative persisting annual savings goal for the immediately
13preceding calendar year is 0.8% for the period of January 1,
142018 through December 31, 2025 and 0.6% for the period of
15January 1, 2026 through December 31, 2030.
16 (b-20) Each electric utility subject to this Section may
17include cost-effective voltage optimization measures in its
18plans submitted under subsections (f) and (g) of this Section,
19and the costs incurred by a utility to implement the measures
20under a Commission-approved plan shall be recovered under the
21provisions of Article IX or Section 16-108.5 of this Act. For
22purposes of this Section, the measure life of voltage
23optimization measures shall be 15 years. The measure life
24period is independent of the depreciation rate of the voltage
25optimization assets deployed.
26 Within 270 days after the effective date of this amendatory

SB3131- 35 -LRB100 19958 SMS 35239 b
1Act of the 99th General Assembly, an electric utility that
2serves less than 3,000,000 retail customers but more than
3500,000 retail customers in the State shall file a plan with
4the Commission that identifies the cost-effective voltage
5optimization investment the electric utility plans to
6undertake through December 31, 2024. The Commission, after
7notice and hearing, shall approve or approve with modification
8the plan within 120 days after the plan's filing and, in the
9order approving or approving with modification the plan, the
10Commission shall adjust the applicable cumulative persisting
11annual savings goals set forth in subsection (b-15) to reflect
12any amount of cost-effective energy savings approved by the
13Commission that is greater than or less than the following
14cumulative persisting annual savings values attributable to
15voltage optimization for the applicable year:
16 (1) 0.0% of cumulative persisting annual savings for
17 the year ending December 31, 2018;
18 (2) 0.17% of cumulative persisting annual savings for
19 the year ending December 31, 2019;
20 (3) 0.17% of cumulative persisting annual savings for
21 the year ending December 31, 2020;
22 (4) 0.33% of cumulative persisting annual savings for
23 the year ending December 31, 2021;
24 (5) 0.5% of cumulative persisting annual savings for
25 the year ending December 31, 2022;
26 (6) 0.67% of cumulative persisting annual savings for

SB3131- 36 -LRB100 19958 SMS 35239 b
1 the year ending December 31, 2023;
2 (7) 0.83% of cumulative persisting annual savings for
3 the year ending December 31, 2024; and
4 (8) 1.0% of cumulative persisting annual savings for
5 the year ending December 31, 2025.
6 (b-25) In the event an electric utility jointly offers an
7energy efficiency measure or program with a gas utility under
8plans approved under this Section and Section 8-104 of this
9Act, the electric utility may continue offering the program,
10including the gas energy efficiency measures, in the event the
11gas utility discontinues funding the program. In that event,
12the energy savings value associated with such other fuels shall
13be converted to electric energy savings on an equivalent Btu
14basis for the premises. However, the electric utility shall
15prioritize programs for low-income residential customers to
16the extent practicable. An electric utility may recover the
17costs of offering the gas energy efficiency measures under this
18subsection (b-25).
19 For those energy efficiency measures or programs that save
20both electricity and other fuels but are not jointly offered
21with a gas utility under plans approved under this Section and
22Section 8-104 or not offered with an affiliated gas utility
23under paragraph (6) of subsection (f) of Section 8-104 of this
24Act, the electric utility may count savings of fuels other than
25electricity toward the achievement of its annual savings goal,
26and the energy savings value associated with such other fuels

SB3131- 37 -LRB100 19958 SMS 35239 b
1shall be converted to electric energy savings on an equivalent
2Btu basis at the premises.
3 In no event shall more than 10% of each year's applicable
4annual incremental goal as defined in paragraph (7) of
5subsection (g) of this Section be met through savings of fuels
6other than electricity.
7 (c) Electric utilities shall be responsible for overseeing
8the design, development, and filing of energy efficiency plans
9with the Commission and may, as part of that implementation,
10outsource various aspects of program development and
11implementation. A minimum of 10%, for electric utilities that
12serve more than 3,000,000 retail customers in the State, and a
13minimum of 7%, for electric utilities that serve less than
143,000,000 retail customers but more than 500,000 retail
15customers in the State, of the utility's entire portfolio
16funding level for a given year shall be used to procure
17cost-effective energy efficiency measures from units of local
18government, municipal corporations, school districts, public
19housing, and community college districts, provided that a
20minimum percentage of available funds shall be used to procure
21energy efficiency from public housing, which percentage shall
22be equal to public housing's share of public building energy
23consumption.
24 The utilities shall also implement energy efficiency
25measures targeted at low-income households, which, for
26purposes of this Section, shall be defined as households at or

SB3131- 38 -LRB100 19958 SMS 35239 b
1below 80% of area median income, and expenditures to implement
2the measures shall be no less than $25,000,000 per year for
3electric utilities that serve more than 3,000,000 retail
4customers in the State and no less than $8,350,000 per year for
5electric utilities that serve less than 3,000,000 retail
6customers but more than 500,000 retail customers in the State.
7 Each electric utility shall assess opportunities to
8implement cost-effective energy efficiency measures and
9programs through a public housing authority or authorities
10located in its service territory. If such opportunities are
11identified, the utility shall propose such measures and
12programs to address the opportunities. Expenditures to address
13such opportunities shall be credited toward the minimum
14procurement and expenditure requirements set forth in this
15subsection (c).
16 Implementation of energy efficiency measures and programs
17targeted at low-income households should be contracted, when it
18is practicable, to independent third parties that have
19demonstrated capabilities to serve such households, with a
20preference for not-for-profit entities and government agencies
21that have existing relationships with or experience serving
22low-income communities in the State.
23 Each electric utility shall develop and implement
24reporting procedures that address and assist in determining the
25amount of energy savings that can be applied to the low-income
26procurement and expenditure requirements set forth in this

SB3131- 39 -LRB100 19958 SMS 35239 b
1subsection (c).
2 The electric utilities shall also convene a low-income
3energy efficiency advisory committee to assist in the design
4and evaluation of the low-income energy efficiency programs.
5The committee shall be comprised of the electric utilities
6subject to the requirements of this Section, the gas utilities
7subject to the requirements of Section 8-104 of this Act, the
8utilities' low-income energy efficiency implementation
9contractors, and representatives of community-based
10organizations.
11 (d) Notwithstanding any other provision of law to the
12contrary, a utility providing approved energy efficiency
13measures and, if applicable, demand-response measures in the
14State shall be permitted to recover all reasonable and
15prudently incurred costs of those measures from all retail
16customers, except as provided in subsection (l) of this
17Section, as follows, provided that nothing in this subsection
18(d) permits the double recovery of such costs from customers:
19 (1) The utility may recover its costs through an
20 automatic adjustment clause tariff filed with and approved
21 by the Commission. The tariff shall be established outside
22 the context of a general rate case. Each year the
23 Commission shall initiate a review to reconcile any amounts
24 collected with the actual costs and to determine the
25 required adjustment to the annual tariff factor to match
26 annual expenditures. To enable the financing of the

SB3131- 40 -LRB100 19958 SMS 35239 b
1 incremental capital expenditures, including regulatory
2 assets, for electric utilities that serve less than
3 3,000,000 retail customers but more than 500,000 retail
4 customers in the State, the utility's actual year-end
5 capital structure that includes a common equity ratio,
6 excluding goodwill, of up to and including 50% of the total
7 capital structure shall be deemed reasonable and used to
8 set rates.
9 (2) A utility may recover its costs through an energy
10 efficiency formula rate approved by the Commission under a
11 filing under subsections (f) and (g) of this Section, which
12 shall specify the cost components that form the basis of
13 the rate charged to customers with sufficient specificity
14 to operate in a standardized manner and be updated annually
15 with transparent information that reflects the utility's
16 actual costs to be recovered during the applicable rate
17 year, which is the period beginning with the first billing
18 day of January and extending through the last billing day
19 of the following December. The energy efficiency formula
20 rate shall be implemented through a tariff filed with the
21 Commission under subsections (f) and (g) of this Section
22 that is consistent with the provisions of this paragraph
23 (2) and that shall be applicable to all delivery services
24 customers. The Commission shall conduct an investigation
25 of the tariff in a manner consistent with the provisions of
26 this paragraph (2), subsections (f) and (g) of this

SB3131- 41 -LRB100 19958 SMS 35239 b
1 Section, and the provisions of Article IX of this Act to
2 the extent they do not conflict with this paragraph (2).
3 The energy efficiency formula rate approved by the
4 Commission shall remain in effect at the discretion of the
5 utility and shall do the following:
6 (A) Provide for the recovery of the utility's
7 actual costs incurred under this Section that are
8 prudently incurred and reasonable in amount consistent
9 with Commission practice and law. The sole fact that a
10 cost differs from that incurred in a prior calendar
11 year or that an investment is different from that made
12 in a prior calendar year shall not imply the imprudence
13 or unreasonableness of that cost or investment.
14 (B) Reflect the utility's actual year-end capital
15 structure for the applicable calendar year, excluding
16 goodwill, subject to a determination of prudence and
17 reasonableness consistent with Commission practice and
18 law. To enable the financing of the incremental capital
19 expenditures, including regulatory assets, for
20 electric utilities that serve less than 3,000,000
21 retail customers but more than 500,000 retail
22 customers in the State, a participating electric
23 utility's actual year-end capital structure that
24 includes a common equity ratio, excluding goodwill, of
25 up to and including 50% of the total capital structure
26 shall be deemed reasonable and used to set rates.

SB3131- 42 -LRB100 19958 SMS 35239 b
1 (C) Include a cost of equity, which shall be
2 calculated as the sum of the following:
3 (i) the average for the applicable calendar
4 year of the monthly average yields of 30-year U.S.
5 Treasury bonds published by the Board of Governors
6 of the Federal Reserve System in its weekly H.15
7 Statistical Release or successor publication; and
8 (ii) 580 basis points.
9 At such time as the Board of Governors of the
10 Federal Reserve System ceases to include the monthly
11 average yields of 30-year U.S. Treasury bonds in its
12 weekly H.15 Statistical Release or successor
13 publication, the monthly average yields of the U.S.
14 Treasury bonds then having the longest duration
15 published by the Board of Governors in its weekly H.15
16 Statistical Release or successor publication shall
17 instead be used for purposes of this paragraph (2).
18 (D) Permit and set forth protocols, subject to a
19 determination of prudence and reasonableness
20 consistent with Commission practice and law, for the
21 following:
22 (i) recovery of incentive compensation expense
23 that is based on the achievement of operational
24 metrics, including metrics related to budget
25 controls, outage duration and frequency, safety,
26 customer service, efficiency and productivity, and

SB3131- 43 -LRB100 19958 SMS 35239 b
1 environmental compliance; however, this protocol
2 shall not apply if such expense related to costs
3 incurred under this Section is recovered under
4 Article IX or Section 16-108.5 of this Act;
5 incentive compensation expense that is based on
6 net income or an affiliate's earnings per share
7 shall not be recoverable under the energy
8 efficiency formula rate;
9 (ii) recovery of pension and other
10 post-employment benefits expense, provided that
11 such costs are supported by an actuarial study;
12 however, this protocol shall not apply if such
13 expense related to costs incurred under this
14 Section is recovered under Article IX or Section
15 16-108.5 of this Act;
16 (iii) recovery of existing regulatory assets
17 over the periods previously authorized by the
18 Commission;
19 (iv) as described in subsection (e),
20 amortization of costs incurred under this Section;
21 and
22 (v) projected, weather normalized billing
23 determinants for the applicable rate year.
24 (E) Provide for an annual reconciliation, as
25 described in paragraph (3) of this subsection (d), less
26 any deferred taxes related to the reconciliation, with

SB3131- 44 -LRB100 19958 SMS 35239 b
1 interest at an annual rate of return equal to the
2 utility's weighted average cost of capital, including
3 a revenue conversion factor calculated to recover or
4 refund all additional income taxes that may be payable
5 or receivable as a result of that return, of the energy
6 efficiency revenue requirement reflected in rates for
7 each calendar year, beginning with the calendar year in
8 which the utility files its energy efficiency formula
9 rate tariff under this paragraph (2), with what the
10 revenue requirement would have been had the actual cost
11 information for the applicable calendar year been
12 available at the filing date.
13 The utility shall file, together with its tariff, the
14 projected costs to be incurred by the utility during the
15 rate year under the utility's multi-year plan approved
16 under subsections (f) and (g) of this Section, including,
17 but not limited to, the projected capital investment costs
18 and projected regulatory asset balances with
19 correspondingly updated depreciation and amortization
20 reserves and expense, that shall populate the energy
21 efficiency formula rate and set the initial rates under the
22 formula.
23 The Commission shall review the proposed tariff in
24 conjunction with its review of a proposed multi-year plan,
25 as specified in paragraph (5) of subsection (g) of this
26 Section. The review shall be based on the same evidentiary

SB3131- 45 -LRB100 19958 SMS 35239 b
1 standards, including, but not limited to, those concerning
2 the prudence and reasonableness of the costs incurred by
3 the utility, the Commission applies in a hearing to review
4 a filing for a general increase in rates under Article IX
5 of this Act. The initial rates shall take effect beginning
6 with the January monthly billing period following the
7 Commission's approval.
8 The tariff's rate design and cost allocation across
9 customer classes shall be consistent with the utility's
10 automatic adjustment clause tariff in effect on the
11 effective date of this amendatory Act of the 99th General
12 Assembly; however, the Commission may revise the tariff's
13 rate design and cost allocation in subsequent proceedings
14 under paragraph (3) of this subsection (d).
15 If the energy efficiency formula rate is terminated,
16 the then current rates shall remain in effect until such
17 time as the energy efficiency costs are incorporated into
18 new rates that are set under this subsection (d) or Article
19 IX of this Act, subject to retroactive rate adjustment,
20 with interest, to reconcile rates charged with actual
21 costs.
22 (3) The provisions of this paragraph (3) shall only
23 apply to an electric utility that has elected to file an
24 energy efficiency formula rate under paragraph (2) of this
25 subsection (d). Subsequent to the Commission's issuance of
26 an order approving the utility's energy efficiency formula

SB3131- 46 -LRB100 19958 SMS 35239 b
1 rate structure and protocols, and initial rates under
2 paragraph (2) of this subsection (d), the utility shall
3 file, on or before June 1 of each year, with the Chief
4 Clerk of the Commission its updated cost inputs to the
5 energy efficiency formula rate for the applicable rate year
6 and the corresponding new charges, as well as the
7 information described in paragraph (9) of subsection (g) of
8 this Section. Each such filing shall conform to the
9 following requirements and include the following
10 information:
11 (A) The inputs to the energy efficiency formula
12 rate for the applicable rate year shall be based on the
13 projected costs to be incurred by the utility during
14 the rate year under the utility's multi-year plan
15 approved under subsections (f) and (g) of this Section,
16 including, but not limited to, projected capital
17 investment costs and projected regulatory asset
18 balances with correspondingly updated depreciation and
19 amortization reserves and expense. The filing shall
20 also include a reconciliation of the energy efficiency
21 revenue requirement that was in effect for the prior
22 rate year (as set by the cost inputs for the prior rate
23 year) with the actual revenue requirement for the prior
24 rate year (determined using a year-end rate base) that
25 uses amounts reflected in the applicable FERC Form 1
26 that reports the actual costs for the prior rate year.

SB3131- 47 -LRB100 19958 SMS 35239 b
1 Any over-collection or under-collection indicated by
2 such reconciliation shall be reflected as a credit
3 against, or recovered as an additional charge to,
4 respectively, with interest calculated at a rate equal
5 to the utility's weighted average cost of capital
6 approved by the Commission for the prior rate year, the
7 charges for the applicable rate year. Such
8 over-collection or under-collection shall be adjusted
9 to remove any deferred taxes related to the
10 reconciliation, for purposes of calculating interest
11 at an annual rate of return equal to the utility's
12 weighted average cost of capital approved by the
13 Commission for the prior rate year, including a revenue
14 conversion factor calculated to recover or refund all
15 additional income taxes that may be payable or
16 receivable as a result of that return. Each
17 reconciliation shall be certified by the participating
18 utility in the same manner that FERC Form 1 is
19 certified. The filing shall also include the charge or
20 credit, if any, resulting from the calculation
21 required by subparagraph (E) of paragraph (2) of this
22 subsection (d).
23 Notwithstanding any other provision of law to the
24 contrary, the intent of the reconciliation is to
25 ultimately reconcile both the revenue requirement
26 reflected in rates for each calendar year, beginning

SB3131- 48 -LRB100 19958 SMS 35239 b
1 with the calendar year in which the utility files its
2 energy efficiency formula rate tariff under paragraph
3 (2) of this subsection (d), with what the revenue
4 requirement determined using a year-end rate base for
5 the applicable calendar year would have been had the
6 actual cost information for the applicable calendar
7 year been available at the filing date.
8 For purposes of this Section, "FERC Form 1" means
9 the Annual Report of Major Electric Utilities,
10 Licensees and Others that electric utilities are
11 required to file with the Federal Energy Regulatory
12 Commission under the Federal Power Act, Sections 3,
13 4(a), 304 and 209, modified as necessary to be
14 consistent with 83 Ill. Admin. Code Part 415 as of May
15 1, 2011. Nothing in this Section is intended to allow
16 costs that are not otherwise recoverable to be
17 recoverable by virtue of inclusion in FERC Form 1.
18 (B) The new charges shall take effect beginning on
19 the first billing day of the following January billing
20 period and remain in effect through the last billing
21 day of the next December billing period regardless of
22 whether the Commission enters upon a hearing under this
23 paragraph (3).
24 (C) The filing shall include relevant and
25 necessary data and documentation for the applicable
26 rate year. Normalization adjustments shall not be

SB3131- 49 -LRB100 19958 SMS 35239 b
1 required.
2 Within 45 days after the utility files its annual
3 update of cost inputs to the energy efficiency formula
4 rate, the Commission shall with reasonable notice,
5 initiate a proceeding concerning whether the projected
6 costs to be incurred by the utility and recovered during
7 the applicable rate year, and that are reflected in the
8 inputs to the energy efficiency formula rate, are
9 consistent with the utility's approved multi-year plan
10 under subsections (f) and (g) of this Section and whether
11 the costs incurred by the utility during the prior rate
12 year were prudent and reasonable. The Commission shall also
13 have the authority to investigate the information and data
14 described in paragraph (9) of subsection (g) of this
15 Section, including the proposed adjustment to the
16 utility's return on equity component of its weighted
17 average cost of capital. During the course of the
18 proceeding, each objection shall be stated with
19 particularity and evidence provided in support thereof,
20 after which the utility shall have the opportunity to rebut
21 the evidence. Discovery shall be allowed consistent with
22 the Commission's Rules of Practice, which Rules of Practice
23 shall be enforced by the Commission or the assigned
24 administrative law judge hearing examiner. The Commission
25 shall apply the same evidentiary standards, including, but
26 not limited to, those concerning the prudence and

SB3131- 50 -LRB100 19958 SMS 35239 b
1 reasonableness of the costs incurred by the utility, during
2 the proceeding as it would apply in a proceeding to review
3 a filing for a general increase in rates under Article IX
4 of this Act. The Commission shall not, however, have the
5 authority in a proceeding under this paragraph (3) to
6 consider or order any changes to the structure or protocols
7 of the energy efficiency formula rate approved under
8 paragraph (2) of this subsection (d). In a proceeding under
9 this paragraph (3), the Commission shall enter its order no
10 later than the earlier of 195 days after the utility's
11 filing of its annual update of cost inputs to the energy
12 efficiency formula rate or December 15. The utility's
13 proposed return on equity calculation, as described in
14 paragraphs (7) through (9) of subsection (g) of this
15 Section, shall be deemed the final, approved calculation on
16 December 15 of the year in which it is filed unless the
17 Commission enters an order on or before December 15, after
18 notice and hearing, that modifies such calculation
19 consistent with this Section. The Commission's
20 determinations of the prudence and reasonableness of the
21 costs incurred, and determination of such return on equity
22 calculation, for the applicable calendar year shall be
23 final upon entry of the Commission's order and shall not be
24 subject to reopening, reexamination, or collateral attack
25 in any other Commission proceeding, case, docket, order,
26 rule, or regulation; however, nothing in this paragraph (3)

SB3131- 51 -LRB100 19958 SMS 35239 b
1 shall prohibit a party from petitioning the Commission to
2 rehear or appeal to the courts the order under the
3 provisions of this Act.
4 (e) Beginning on the effective date of this amendatory Act
5of the 99th General Assembly, a utility subject to the
6requirements of this Section may elect to defer, as a
7regulatory asset, up to the full amount of its expenditures
8incurred under this Section for each annual period, including,
9but not limited to, any expenditures incurred above the funding
10level set by subsection (f) of this Section for a given year.
11The total expenditures deferred as a regulatory asset in a
12given year shall be amortized and recovered over a period that
13is equal to the weighted average of the energy efficiency
14measure lives implemented for that year that are reflected in
15the regulatory asset. The unamortized balance shall be
16recognized as of December 31 for a given year. The utility
17shall also earn a return on the total of the unamortized
18balances of all of the energy efficiency regulatory assets,
19less any deferred taxes related to those unamortized balances,
20at an annual rate equal to the utility's weighted average cost
21of capital that includes, based on a year-end capital
22structure, the utility's actual cost of debt for the applicable
23calendar year and a cost of equity, which shall be calculated
24as the sum of the (i) the average for the applicable calendar
25year of the monthly average yields of 30-year U.S. Treasury
26bonds published by the Board of Governors of the Federal

SB3131- 52 -LRB100 19958 SMS 35239 b
1Reserve System in its weekly H.15 Statistical Release or
2successor publication; and (ii) 580 basis points, including a
3revenue conversion factor calculated to recover or refund all
4additional income taxes that may be payable or receivable as a
5result of that return. Capital investment costs shall be
6depreciated and recovered over their useful lives consistent
7with generally accepted accounting principles. The weighted
8average cost of capital shall be applied to the capital
9investment cost balance, less any accumulated depreciation and
10accumulated deferred income taxes, as of December 31 for a
11given year.
12 When an electric utility creates a regulatory asset under
13the provisions of this Section, the costs are recovered over a
14period during which customers also receive a benefit which is
15in the public interest. Accordingly, it is the intent of the
16General Assembly that an electric utility that elects to create
17a regulatory asset under the provisions of this Section shall
18recover all of the associated costs as set forth in this
19Section. After the Commission has approved the prudence and
20reasonableness of the costs that comprise the regulatory asset,
21the electric utility shall be permitted to recover all such
22costs, and the value and recoverability through rates of the
23associated regulatory asset shall not be limited, altered,
24impaired, or reduced.
25 (f) Beginning in 2017, each electric utility shall file an
26energy efficiency plan with the Commission to meet the energy

SB3131- 53 -LRB100 19958 SMS 35239 b
1efficiency standards for the next applicable multi-year period
2beginning January 1 of the year following the filing, according
3to the schedule set forth in paragraphs (1) through (3) of this
4subsection (f). If a utility does not file such a plan on or
5before the applicable filing deadline for the plan, it shall
6face a penalty of $100,000 per day until the plan is filed.
7 (1) No later than 30 days after the effective date of
8 this amendatory Act of the 99th General Assembly or May 1,
9 2017, whichever is later, each electric utility shall file
10 a 4-year energy efficiency plan commencing on January 1,
11 2018 that is designed to achieve the cumulative persisting
12 annual savings goals specified in paragraphs (1) through
13 (4) of subsection (b-5) of this Section or in paragraphs
14 (1) through (4) of subsection (b-15) of this Section, as
15 applicable, through implementation of energy efficiency
16 measures; however, the goals may be reduced if the
17 utility's expenditures are limited pursuant to subsection
18 (m) of this Section or, for a utility that serves less than
19 3,000,000 retail customers, if each of the following
20 conditions are met: (A) the plan's analysis and forecasts
21 of the utility's ability to acquire energy savings
22 demonstrate that achievement of such goals is not cost
23 effective; and (B) the amount of energy savings achieved by
24 the utility as determined by the independent evaluator for
25 the most recent year for which savings have been evaluated
26 preceding the plan filing was less than the average annual

SB3131- 54 -LRB100 19958 SMS 35239 b
1 amount of savings required to achieve the goals for the
2 applicable 4-year plan period. Except as provided in
3 subsection (m) of this Section, annual increases in
4 cumulative persisting annual savings goals during the
5 applicable 4-year plan period shall not be reduced to
6 amounts that are less than the maximum amount of cumulative
7 persisting annual savings that is forecast to be
8 cost-effectively achievable during the 4-year plan period.
9 The Commission shall review any proposed goal reduction as
10 part of its review and approval of the utility's proposed
11 plan.
12 (2) No later than March 1, 2021, each electric utility
13 shall file a 4-year energy efficiency plan commencing on
14 January 1, 2022 that is designed to achieve the cumulative
15 persisting annual savings goals specified in paragraphs
16 (5) through (8) of subsection (b-5) of this Section or in
17 paragraphs (5) through (8) of subsection (b-15) of this
18 Section, as applicable, through implementation of energy
19 efficiency measures; however, the goals may be reduced if
20 the utility's expenditures are limited pursuant to
21 subsection (m) of this Section or, each of the following
22 conditions are met: (A) the plan's analysis and forecasts
23 of the utility's ability to acquire energy savings
24 demonstrate that achievement of such goals is not cost
25 effective; and (B) the amount of energy savings achieved by
26 the utility as determined by the independent evaluator for

SB3131- 55 -LRB100 19958 SMS 35239 b
1 the most recent year for which savings have been evaluated
2 preceding the plan filing was less than the average annual
3 amount of savings required to achieve the goals for the
4 applicable 4-year plan period. Except as provided in
5 subsection (m) of this Section, annual increases in
6 cumulative persisting annual savings goals during the
7 applicable 4-year plan period shall not be reduced to
8 amounts that are less than the maximum amount of cumulative
9 persisting annual savings that is forecast to be
10 cost-effectively achievable during the 4-year plan period.
11 The Commission shall review any proposed goal reduction as
12 part of its review and approval of the utility's proposed
13 plan.
14 (3) No later than March 1, 2025, each electric utility
15 shall file a 5-year energy efficiency plan commencing on
16 January 1, 2026 that is designed to achieve the cumulative
17 persisting annual savings goals specified in paragraphs
18 (9) through (13) of subsection (b-5) of this Section or in
19 paragraphs (9) through (13) of subsection (b-15) of this
20 Section, as applicable, through implementation of energy
21 efficiency measures; however, the goals may be reduced if
22 the utility's expenditures are limited pursuant to
23 subsection (m) of this Section or, each of the following
24 conditions are met: (A) the plan's analysis and forecasts
25 of the utility's ability to acquire energy savings
26 demonstrate that achievement of such goals is not cost

SB3131- 56 -LRB100 19958 SMS 35239 b
1 effective; and (B) the amount of energy savings achieved by
2 the utility as determined by the independent evaluator for
3 the most recent year for which savings have been evaluated
4 preceding the plan filing was less than the average annual
5 amount of savings required to achieve the goals for the
6 applicable 5-year plan period. Except as provided in
7 subsection (m) of this Section, annual increases in
8 cumulative persisting annual savings goals during the
9 applicable 5-year plan period shall not be reduced to
10 amounts that are less than the maximum amount of cumulative
11 persisting annual savings that is forecast to be
12 cost-effectively achievable during the 5-year plan period.
13 The Commission shall review any proposed goal reduction as
14 part of its review and approval of the utility's proposed
15 plan.
16 Each utility's plan shall set forth the utility's proposals
17to meet the energy efficiency standards identified in
18subsection (b-5) or (b-15), as applicable and as such standards
19may have been modified under this subsection (f), taking into
20account the unique circumstances of the utility's service
21territory. For those plans commencing on January 1, 2018, the
22Commission shall seek public comment on the utility's plan and
23shall issue an order approving or disapproving each plan no
24later than August 31, 2017, or 105 days after the effective
25date of this amendatory Act of the 99th General Assembly,
26whichever is later. For those plans commencing after December

SB3131- 57 -LRB100 19958 SMS 35239 b
131, 2021, the Commission shall seek public comment on the
2utility's plan and shall issue an order approving or
3disapproving each plan within 6 months after its submission. If
4the Commission disapproves a plan, the Commission shall, within
530 days, describe in detail the reasons for the disapproval and
6describe a path by which the utility may file a revised draft
7of the plan to address the Commission's concerns
8satisfactorily. If the utility does not refile with the
9Commission within 60 days, the utility shall be subject to
10penalties at a rate of $100,000 per day until the plan is
11filed. This process shall continue, and penalties shall accrue,
12until the utility has successfully filed a portfolio of energy
13efficiency and demand-response measures. Penalties shall be
14deposited into the Energy Efficiency Trust Fund.
15 (g) In submitting proposed plans and funding levels under
16subsection (f) of this Section to meet the savings goals
17identified in subsection (b-5) or (b-15) of this Section, as
18applicable, the utility shall:
19 (1) Demonstrate that its proposed energy efficiency
20 measures will achieve the applicable requirements that are
21 identified in subsection (b-5) or (b-15) of this Section,
22 as modified by subsection (f) of this Section.
23 (2) Present specific proposals to implement new
24 building and appliance standards that have been placed into
25 effect.
26 (3) Demonstrate that its overall portfolio of

SB3131- 58 -LRB100 19958 SMS 35239 b
1 measures, not including low-income programs described in
2 subsection (c) of this Section, is cost-effective using the
3 total resource cost test or complies with paragraphs (1)
4 through (3) of subsection (f) of this Section and
5 represents a diverse cross-section of opportunities for
6 customers of all rate classes, other than those customers
7 described in subsection (l) of this Section, to participate
8 in the programs. Individual measures need not be cost
9 effective.
10 (4) Present a third-party energy efficiency
11 implementation program subject to the following
12 requirements:
13 (A) beginning with the year commencing January 1,
14 2019, electric utilities that serve more than
15 3,000,000 retail customers in the State shall fund
16 third-party energy efficiency programs in an amount
17 that is no less than $25,000,000 per year, and electric
18 utilities that serve less than 3,000,000 retail
19 customers but more than 500,000 retail customers in the
20 State shall fund third-party energy efficiency
21 programs in an amount that is no less than $8,350,000
22 per year;
23 (B) during 2018, the utility shall conduct a
24 solicitation process for purposes of requesting
25 proposals from third-party vendors for those
26 third-party energy efficiency programs to be offered

SB3131- 59 -LRB100 19958 SMS 35239 b
1 during one or more of the years commencing January 1,
2 2019, January 1, 2020, and January 1, 2021; for those
3 multi-year plans commencing on January 1, 2022 and
4 January 1, 2026, the utility shall conduct a
5 solicitation process during 2021 and 2025,
6 respectively, for purposes of requesting proposals
7 from third-party vendors for those third-party energy
8 efficiency programs to be offered during one or more
9 years of the respective multi-year plan period; for
10 each solicitation process, the utility shall identify
11 the sector, technology, or geographical area for which
12 it is seeking requests for proposals;
13 (C) the utility shall propose the bidder
14 qualifications, performance measurement process, and
15 contract structure, which must include a performance
16 payment mechanism and general terms and conditions;
17 the proposed qualifications, process, and structure
18 shall be subject to Commission approval; and
19 (D) the utility shall retain an independent third
20 party to score the proposals received through the
21 solicitation process described in this paragraph (4),
22 rank them according to their cost per lifetime
23 kilowatt-hours saved, and assemble the portfolio of
24 third-party programs.
25 The electric utility shall recover all costs
26 associated with Commission-approved, third-party

SB3131- 60 -LRB100 19958 SMS 35239 b
1 administered programs regardless of the success of those
2 programs.
3 (4.5)Implement cost-effective demand-response measures
4 to reduce peak demand by 0.1% over the prior year for
5 eligible retail customers, as defined in Section 16-111.5
6 of this Act, and for customers that elect hourly service
7 from the utility pursuant to Section 16-107 of this Act,
8 provided those customers have not been declared
9 competitive. This requirement continues until December 31,
10 2026.
11 (5) Include a proposed or revised cost-recovery tariff
12 mechanism, as provided for under subsection (d) of this
13 Section, to fund the proposed energy efficiency and
14 demand-response measures and to ensure the recovery of the
15 prudently and reasonably incurred costs of
16 Commission-approved programs.
17 (6) Provide for an annual independent evaluation of the
18 performance of the cost-effectiveness of the utility's
19 portfolio of measures, as well as a full review of the
20 multi-year plan results of the broader net program impacts
21 and, to the extent practical, for adjustment of the
22 measures on a going-forward basis as a result of the
23 evaluations. The resources dedicated to evaluation shall
24 not exceed 3% of portfolio resources in any given year.
25 (7) For electric utilities that serve more than
26 3,000,000 retail customers in the State:

SB3131- 61 -LRB100 19958 SMS 35239 b
1 (A) Through December 31, 2025, provide for an
2 adjustment to the return on equity component of the
3 utility's weighted average cost of capital calculated
4 under subsection (d) of this Section:
5 (i) If the independent evaluator determines
6 that the utility achieved a cumulative persisting
7 annual savings that is less than the applicable
8 annual incremental goal, then the return on equity
9 component shall be reduced by a maximum of 200
10 basis points in the event that the utility achieved
11 no more than 75% of such goal. If the utility
12 achieved more than 75% of the applicable annual
13 incremental goal but less than 100% of such goal,
14 then the return on equity component shall be
15 reduced by 8 basis points for each percent by which
16 the utility failed to achieve the goal.
17 (ii) If the independent evaluator determines
18 that the utility achieved a cumulative persisting
19 annual savings that is more than the applicable
20 annual incremental goal, then the return on equity
21 component shall be increased by a maximum of 200
22 basis points in the event that the utility achieved
23 at least 125% of such goal. If the utility achieved
24 more than 100% of the applicable annual
25 incremental goal but less than 125% of such goal,
26 then the return on equity component shall be

SB3131- 62 -LRB100 19958 SMS 35239 b
1 increased by 8 basis points for each percent by
2 which the utility achieved above the goal. If the
3 applicable annual incremental goal was reduced
4 under paragraphs (1) or (2) of subsection (f) of
5 this Section, then the following adjustments shall
6 be made to the calculations described in this item
7 (ii):
8 (aa) the calculation for determining
9 achievement that is at least 125% of the
10 applicable annual incremental goal shall use
11 the unreduced applicable annual incremental
12 goal to set the value; and
13 (bb) the calculation for determining
14 achievement that is less than 125% but more
15 than 100% of the applicable annual incremental
16 goal shall use the reduced applicable annual
17 incremental goal to set the value for 100%
18 achievement of the goal and shall use the
19 unreduced goal to set the value for 125%
20 achievement. The 8 basis point value shall also
21 be modified, as necessary, so that the 200
22 basis points are evenly apportioned among each
23 percentage point value between 100% and 125%
24 achievement.
25 (B) For the period January 1, 2026 through December
26 31, 2030, provide for an adjustment to the return on

SB3131- 63 -LRB100 19958 SMS 35239 b
1 equity component of the utility's weighted average
2 cost of capital calculated under subsection (d) of this
3 Section:
4 (i) If the independent evaluator determines
5 that the utility achieved a cumulative persisting
6 annual savings that is less than the applicable
7 annual incremental goal, then the return on equity
8 component shall be reduced by a maximum of 200
9 basis points in the event that the utility achieved
10 no more than 66% of such goal. If the utility
11 achieved more than 66% of the applicable annual
12 incremental goal but less than 100% of such goal,
13 then the return on equity component shall be
14 reduced by 6 basis points for each percent by which
15 the utility failed to achieve the goal.
16 (ii) If the independent evaluator determines
17 that the utility achieved a cumulative persisting
18 annual savings that is more than the applicable
19 annual incremental goal, then the return on equity
20 component shall be increased by a maximum of 200
21 basis points in the event that the utility achieved
22 at least 134% of such goal. If the utility achieved
23 more than 100% of the applicable annual
24 incremental goal but less than 134% of such goal,
25 then the return on equity component shall be
26 increased by 6 basis points for each percent by

SB3131- 64 -LRB100 19958 SMS 35239 b
1 which the utility achieved above the goal. If the
2 applicable annual incremental goal was reduced
3 under paragraph (3) of subsection (f) of this
4 Section, then the following adjustments shall be
5 made to the calculations described in this item
6 (ii):
7 (aa) the calculation for determining
8 achievement that is at least 134% of the
9 applicable annual incremental goal shall use
10 the unreduced applicable annual incremental
11 goal to set the value; and
12 (bb) the calculation for determining
13 achievement that is less than 134% but more
14 than 100% of the applicable annual incremental
15 goal shall use the reduced applicable annual
16 incremental goal to set the value for 100%
17 achievement of the goal and shall use the
18 unreduced goal to set the value for 134%
19 achievement. The 6 basis point value shall also
20 be modified, as necessary, so that the 200
21 basis points are evenly apportioned among each
22 percentage point value between 100% and 134%
23 achievement.
24 (7.5) For purposes of this Section, the term
25 "applicable annual incremental goal" means the difference
26 between the cumulative persisting annual savings goal for

SB3131- 65 -LRB100 19958 SMS 35239 b
1 the calendar year that is the subject of the independent
2 evaluator's determination and the cumulative persisting
3 annual savings goal for the immediately preceding calendar
4 year, as such goals are defined in subsections (b-5) and
5 (b-15) of this Section and as these goals may have been
6 modified as provided for under subsection (b-20) and
7 paragraphs (1) through (3) of subsection (f) of this
8 Section. Under subsections (b), (b-5), (b-10), and (b-15)
9 of this Section, a utility must first replace energy
10 savings from measures that have reached the end of their
11 measure lives and would otherwise have to be replaced to
12 meet the applicable savings goals identified in subsection
13 (b-5) or (b-15) of this Section before any progress towards
14 achievement of its applicable annual incremental goal may
15 be counted. Notwithstanding anything else set forth in this
16 Section, the difference between the actual annual
17 incremental savings achieved in any given year, including
18 the replacement of energy savings from measures that have
19 expired, and the applicable annual incremental goal shall
20 not affect adjustments to the return on equity for
21 subsequent calendar years under this subsection (g).
22 (8) For electric utilities that serve less than
23 3,000,000 retail customers but more than 500,000 retail
24 customers in the State:
25 (A) Through December 31, 2025, the applicable
26 annual incremental goal shall be compared to the annual

SB3131- 66 -LRB100 19958 SMS 35239 b
1 incremental savings as determined by the independent
2 evaluator.
3 (i) The return on equity component shall be
4 reduced by 8 basis points for each percent by which
5 the utility did not achieve 84.4% of the applicable
6 annual incremental goal.
7 (ii) The return on equity component shall be
8 increased by 8 basis points for each percent by
9 which the utility exceeded 100% of the applicable
10 annual incremental goal.
11 (iii) The return on equity component shall not
12 be increased or decreased if the annual
13 incremental savings as determined by the
14 independent evaluator is greater than 84.4% of the
15 applicable annual incremental goal and less than
16 100% of the applicable annual incremental goal.
17 (iv) The return on equity component shall not
18 be increased or decreased by an amount greater than
19 200 basis points pursuant to this subparagraph
20 (A).
21 (B) For the period of January 1, 2026 through
22 December 31, 2030, the applicable annual incremental
23 goal shall be compared to the annual incremental
24 savings as determined by the independent evaluator.
25 (i) The return on equity component shall be
26 reduced by 6 basis points for each percent by which

SB3131- 67 -LRB100 19958 SMS 35239 b
1 the utility did not achieve 100% of the applicable
2 annual incremental goal.
3 (ii) The return on equity component shall be
4 increased by 6 basis points for each percent by
5 which the utility exceeded 100% of the applicable
6 annual incremental goal.
7 (iii) The return on equity component shall not
8 be increased or decreased by an amount greater than
9 200 basis points pursuant to this subparagraph
10 (B).
11 (C) If the applicable annual incremental goal was
12 reduced under paragraphs (1), (2) or (3) of subsection
13 (f) of this Section, then the following adjustments
14 shall be made to the calculations described in
15 subparagraphs (A) and (B) of this paragraph (8):
16 (i) The calculation for determining
17 achievement that is at least 125% or 134%, as
18 applicable, of the applicable annual incremental
19 goal shall use the unreduced applicable annual
20 incremental goal to set the value.
21 (ii) For the period through December 31, 2025,
22 the calculation for determining achievement that
23 is less than 125% but more than 100% of the
24 applicable annual incremental goal shall use the
25 reduced applicable annual incremental goal to set
26 the value for 100% achievement of the goal and

SB3131- 68 -LRB100 19958 SMS 35239 b
1 shall use the unreduced goal to set the value for
2 125% achievement. The 8 basis point value shall
3 also be modified, as necessary, so that the 200
4 basis points are evenly apportioned among each
5 percentage point value between 100% and 125%
6 achievement.
7 (iii) For the period of January 1, 2026 through
8 December 31, 2030, the calculation for determining
9 achievement that is less than 134% but more than
10 100% of the applicable annual incremental goal
11 shall use the reduced applicable annual
12 incremental goal to set the value for 100%
13 achievement of the goal and shall use the unreduced
14 goal to set the value for 125% achievement. The 6
15 basis point value shall also be modified, as
16 necessary, so that the 200 basis points are evenly
17 apportioned among each percentage point value
18 between 100% and 134% achievement.
19 (9) The utility shall submit the energy savings data to
20 the independent evaluator no later than 30 days after the
21 close of the plan year. The independent evaluator shall
22 determine the cumulative persisting annual savings for a
23 given plan year no later than 120 days after the close of
24 the plan year. The utility shall submit an informational
25 filing to the Commission no later than 160 days after the
26 close of the plan year that attaches the independent

SB3131- 69 -LRB100 19958 SMS 35239 b
1 evaluator's final report identifying the cumulative
2 persisting annual savings for the year and calculates,
3 under paragraph (7) or (8) of this subsection (g), as
4 applicable, any resulting change to the utility's return on
5 equity component of the weighted average cost of capital
6 applicable to the next plan year beginning with the January
7 monthly billing period and extending through the December
8 monthly billing period. However, if the utility recovers
9 the costs incurred under this Section under paragraphs (2)
10 and (3) of subsection (d) of this Section, then the utility
11 shall not be required to submit such informational filing,
12 and shall instead submit the information that would
13 otherwise be included in the informational filing as part
14 of its filing under paragraph (3) of such subsection (d)
15 that is due on or before June 1 of each year.
16 For those utilities that must submit the informational
17 filing, the Commission may, on its own motion or by
18 petition, initiate an investigation of such filing,
19 provided, however, that the utility's proposed return on
20 equity calculation shall be deemed the final, approved
21 calculation on December 15 of the year in which it is filed
22 unless the Commission enters an order on or before December
23 15, after notice and hearing, that modifies such
24 calculation consistent with this Section.
25 The adjustments to the return on equity component
26 described in paragraphs (7) and (8) of this subsection (g)

SB3131- 70 -LRB100 19958 SMS 35239 b
1 shall be applied as described in such paragraphs through a
2 separate tariff mechanism, which shall be filed by the
3 utility under subsections (f) and (g) of this Section.
4 (h) No more than 6% of energy efficiency and
5demand-response program revenue may be allocated for research,
6development, or pilot deployment of new equipment or measures.
7 (i) When practicable, electric utilities shall incorporate
8advanced metering infrastructure data into the planning,
9implementation, and evaluation of energy efficiency measures
10and programs, subject to the data privacy and confidentiality
11protections of applicable law.
12 (j) The independent evaluator shall follow the guidelines
13and use the savings set forth in Commission-approved energy
14efficiency policy manuals and technical reference manuals, as
15each may be updated from time to time. Until such time as
16measure life values for energy efficiency measures implemented
17for low-income households under subsection (c) of this Section
18are incorporated into such Commission-approved manuals, the
19low-income measures shall have the same measure life values
20that are established for same measures implemented in
21households that are not low-income households.
22 (k) Notwithstanding any provision of law to the contrary,
23an electric utility subject to the requirements of this Section
24may file a tariff cancelling an automatic adjustment clause
25tariff in effect under this Section or Section 8-103, which
26shall take effect no later than one business day after the date

SB3131- 71 -LRB100 19958 SMS 35239 b
1such tariff is filed. Thereafter, the utility shall be
2authorized to defer and recover its expenditures incurred under
3this Section through a new tariff authorized under subsection
4(d) of this Section or in the utility's next rate case under
5Article IX or Section 16-108.5 of this Act, with interest at an
6annual rate equal to the utility's weighted average cost of
7capital as approved by the Commission in such case. If the
8utility elects to file a new tariff under subsection (d) of
9this Section, the utility may file the tariff within 10 days
10after the effective date of this amendatory Act of the 99th
11General Assembly, and the cost inputs to such tariff shall be
12based on the projected costs to be incurred by the utility
13during the calendar year in which the new tariff is filed and
14that were not recovered under the tariff that was cancelled as
15provided for in this subsection. Such costs shall include those
16incurred or to be incurred by the utility under its multi-year
17plan approved under subsections (f) and (g) of this Section,
18including, but not limited to, projected capital investment
19costs and projected regulatory asset balances with
20correspondingly updated depreciation and amortization reserves
21and expense. The Commission shall, after notice and hearing,
22approve, or approve with modification, such tariff and cost
23inputs no later than 75 days after the utility filed the
24tariff, provided that such approval, or approval with
25modification, shall be consistent with the provisions of this
26Section to the extent they do not conflict with this subsection

SB3131- 72 -LRB100 19958 SMS 35239 b
1(k). The tariff approved by the Commission shall take effect no
2later than 5 days after the Commission enters its order
3approving the tariff.
4 No later than 60 days after the effective date of the
5tariff cancelling the utility's automatic adjustment clause
6tariff, the utility shall file a reconciliation that reconciles
7the moneys collected under its automatic adjustment clause
8tariff with the costs incurred during the period beginning June
91, 2016 and ending on the date that the electric utility's
10automatic adjustment clause tariff was cancelled. In the event
11the reconciliation reflects an under-collection, the utility
12shall recover the costs as specified in this subsection (k). If
13the reconciliation reflects an over-collection, the utility
14shall apply the amount of such over-collection as a one-time
15credit to retail customers' bills.
16 (l) For the calendar years covered by a multi-year plan
17commencing after December 31, 2017, subsections (a) through (j)
18of this Section do not apply to any retail customers of an
19electric utility that serves more than 3,000,000 retail
20customers in the State and whose total highest 30 minute demand
21was more than 10,000 kilowatts, or any retail customers of an
22electric utility that serves less than 3,000,000 retail
23customers but more than 500,000 retail customers in the State
24and whose total highest 15 minute demand was more than 10,000
25kilowatts. For purposes of this subsection (l), "retail
26customer" has the meaning set forth in Section 16-102 of this

SB3131- 73 -LRB100 19958 SMS 35239 b
1Act. A determination of whether this subsection is applicable
2to a customer shall be made for each multi-year plan beginning
3after December 31, 2017. The criteria for determining whether
4this subsection (l) is applicable to a retail customer shall be
5based on the 12 consecutive billing periods prior to the start
6of the first year of each such multi-year plan.
7 (m) Notwithstanding the requirements of this Section, as
8part of a proceeding to approve a multi-year plan under
9subsections (f) and (g) of this Section, the Commission shall
10reduce the amount of energy efficiency measures implemented for
11any single year, and whose costs are recovered under subsection
12(d) of this Section, by an amount necessary to limit the
13estimated average net increase due to the cost of the measures
14to no more than
15 (1) 3.5% for the each of the 4 years beginning January
16 1, 2018,
17 (2) 3.75% for each of the 4 years beginning January 1,
18 2022, and
19 (3) 4% for each of the 5 years beginning January 1,
20 2026,
21of the average amount paid per kilowatthour by residential
22eligible retail customers during calendar year 2015. To
23determine the total amount that may be spent by an electric
24utility in any single year, the applicable percentage of the
25average amount paid per kilowatthour shall be multiplied by the
26total amount of energy delivered by such electric utility in

SB3131- 74 -LRB100 19958 SMS 35239 b
1the calendar year 2015, adjusted to reflect the proportion of
2the utility's load attributable to customers who are exempt
3from subsections (a) through (j) of this Section under
4subsection (l) of this Section. For purposes of this subsection
5(m), the amount paid per kilowatthour includes, without
6limitation, estimated amounts paid for supply, transmission,
7distribution, surcharges, and add-on taxes. For purposes of
8this Section, "eligible retail customers" shall have the
9meaning set forth in Section 16-111.5 of this Act. Once the
10Commission has approved a plan under subsections (f) and (g) of
11this Section, no subsequent rate impact determinations shall be
12made.
13(Source: P.A. 99-906, eff. 6-1-17.)
14 (220 ILCS 5/8-508) (from Ch. 111 2/3, par. 8-508)
15 Sec. 8-508. No Except as provided in Section 12-306, no
16public utility shall abandon or discontinue any service or, in
17the case of an electric utility, make any modification as
18herein defined, without first having secured the approval of
19the Commission, except in case of assignment, transfer, lease
20or sale of the whole or any part of its franchises, licenses,
21permits, plant, equipment, business, or other property to any
22political subdivision or municipal corporation of this State.
23In the case of the assignment, transfer, lease or sale, in
24whole or in part, of any franchise, license, permit, plant,
25equipment, business or other property to any political

SB3131- 75 -LRB100 19958 SMS 35239 b
1subdivision or municipal corporation of this State, the public
2utility shall notify the Commission of such transaction.
3"Modification" as used in this Section means any change of fuel
4type which would result in an annual net systemwide decreased
5use of 10% or more of coal mined in Illinois. The Commission
6shall conduct public hearings on any request by a public
7utility to make such modification and shall accept testimony
8from interested parties qualified to provide evidence
9regarding the cost or cost savings of the proposed modification
10as compared with the cost or cost savings of alternative
11actions by the utility and shall consider the impact on
12employment related to the production of coal in Illinois. Such
13hearings shall be commenced no later than 30 days after the
14filing of the request by the public utility and shall be
15concluded within 120 days from the date of filing. The
16Commission must issue its final determination within 60 days of
17the conclusion of the hearing. In making its determination the
18Commission shall attach primary weight to the cost or cost
19savings to the customers of the utility. In granting its
20approval, the Commission may impose such terms, conditions or
21requirements as in its judgment are necessary to protect the
22public interest. Provided, however, that any public utility
23abandoning or discontinuing service in pursuance of authority
24granted by the Commission shall be deemed to have waived any
25and all objections to the terms, conditions or requirements
26imposed by the Commission in that regard. Provided, further,

SB3131- 76 -LRB100 19958 SMS 35239 b
1that nothing in this Section shall be construed to limit the
2right of a public utility to discontinue service to individual
3patrons in accordance with the effective rules, regulations,
4and practices of such public utility.
5 The Commission, after a hearing upon its own motion or upon
6petition of any public utility, shall have power by order to
7authorize or require any public utility to curtail or
8discontinue service to individual customers or classes
9thereof, or for specific purposes or uses, and otherwise to
10regulate the furnishing of service, provided that preference
11for service shall be given to those customers serving essential
12human needs and governmental agencies performing law
13enforcement functions, whenever and to the extent such action
14is required by the convenience and necessity of the public
15during time of war, invasion, insurrection or martial law, or
16by reason of a catastrophe, emergency, or shortage of fuel,
17supplies or equipment employed or service furnished by such
18public utility; provided, however, that an interim order,
19effective for a period not exceeding 15 days, may be made
20without a hearing if the circumstances do not reasonably permit
21the holding of a hearing. Orders for the curtailment or
22discontinuance of service pursuant to this paragraph shall not
23be continued in effect for any period beyond that which is
24reasonably necessary, shall be vacated by the Commission as
25soon as public convenience and necessity permit, and shall
26include such arrangements for substitute service in the interim

SB3131- 77 -LRB100 19958 SMS 35239 b
1as the Commission in its judgment may impose. Every such order,
2during the period it is in effect and for such further period,
3if any, as the Commission may provide, shall have the effect of
4suspending the operation of all prior orders or parts of orders
5of the Commission inconsistent therewith. No public utility
6shall be held liable for any damage resulting from any action
7taken, or any omission to act, pursuant to or in compliance
8with any order under this paragraph for the curtailment or
9discontinuance of service unless such order was procured by the
10fraud of the public utility.
11(Source: P.A. 87-173.)
12 (220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
13 Sec. 8-509. When necessary for the construction of any
14alterations, additions, extensions or improvements ordered or
15authorized under Section 8-406.1 or , 8-503, or 12-218 of this
16Act, any public utility may enter upon, take or damage private
17property in the manner provided for by the law of eminent
18domain. If a public utility seeks relief under this Section in
19the same proceeding in which it seeks a certificate of public
20convenience and necessity under Section 8-406.1 of this Act,
21the Commission shall enter its order under this Section either
22as part of the Section 8-406.1 order or at the same time it
23enters the Section 8-406.1 order. If a public utility seeks
24relief under this Section after the Commission enters its order
25in the Section 8-406.1 proceeding, the Commission shall issue

SB3131- 78 -LRB100 19958 SMS 35239 b
1its order under this Section within 45 days after the utility
2files its petition under this Section.
3 This Section applies to the exercise of eminent domain
4powers by telephone companies or telecommunications carriers
5only when the facilities to be constructed are intended to be
6used in whole or in part for providing one or more intrastate
7telecommunications services classified as "noncompetitive"
8under Section 13-502 in a tariff filed by the condemnor. The
9exercise of eminent domain powers by telephone companies or
10telecommunications carriers in all other cases shall be
11governed solely by "An Act relating to the powers, duties and
12property of telephone companies", approved May 16, 1903, as now
13or hereafter amended.
14(Source: P.A. 96-1348, eff. 7-28-10.)
15 (220 ILCS 5/9-102.1)
16 Sec. 9-102.1. Negotiated rates.
17 (a) Notwithstanding anything to the contrary in any other
18Section of Article IX of this Act, the Commission may approve
19one or more rate schedules filed by a public utility that
20enable the public utility to provide service to customers under
21contracts that are treated as proprietary and confidential by
22the Commission notwithstanding the filing thereof. Service
23under the contracts shall be provided on such terms and for
24such rates or charges as the public utility and the customer
25agree upon, without regard to any rate schedules the public

SB3131- 79 -LRB100 19958 SMS 35239 b
1utility may have filed with the Commission under any other
2Section of Article IX of this Act. The contracts shall be filed
3with the Commission, notwithstanding anything to the contrary
4in any schedule referred to in subsection (b) of this Section.
5For purposes of Section 3-121 of this Act, the amounts
6collected under the contracts shall be treated as having been
7collected under rates that the public utility is required to
8file under Section 9-102 of this Act.
9 (b) Each schedule described in subsection (a) that became
10effective before August 25, 1995, and any contract thereunder,
11shall be deemed to have become effective in accordance with its
12terms, subject to the provisions of any Commission order that
13purported to authorize the schedule.
14 (c) In any determination of the rates to be charged by an
15electric public utility having contracts in effect pursuant to
16schedules filed under this Section or schedules referred to in
17subsection (b) of this Section, the revenues received, or to be
18received, by the electric public utility under each such
19contract shall be deemed to be equal to the revenues, based on
20the actual usage of the customer, that would have been, or
21would be, received under the lowest rates available under
22schedules on file pursuant to Section 9-201, applicable to a
23class of consumers that includes the customer, including any
24applicable riders or surcharges, plus any revenues that would
25have been, or would be required to pay for investment or
26expenses incurred by the electric public utility that would not

SB3131- 80 -LRB100 19958 SMS 35239 b
1be incurred if service were provided under such lowest rates.
2The cost of capital used to determine rates to be charged by
3the electric public utility shall be that which would have
4obtained if service were provided under such lowest rates. The
5provisions of this subsection (c) shall not apply: (1) in any
6determination of the rates to be charged by a gas public
7utility, and (2) in any determination of the rates to be
8charged by an electric public utility, to contracts in effect
9prior to the effective date of this amendatory Act of 1996
10pursuant to economic development schedules referred to in
11Section 9-241 of this Act, under which the electric public
12utility is authorized to provide discounts for new electrical
13sales that result from the location of new or expanded
14industrial facilities in the electric public utility's service
15territory. The preceding sentence shall not be construed to
16diminish the Commission's existing authority as of the
17effective date of this amendatory Act of 1996 to allocate the
18costs of all public utilities equitably, in any determination
19of rates, so as to set rates which are just and reasonable.
20 (d) Any contract filed pursuant to the provisions of
21subsection (a) of this Section shall be accorded proprietary
22and confidential treatment by the Commission and otherwise
23deemed to be exempt from the requirements of Sections 9-102,
249-103, 9-104, 9-201, 9-240, 9-241, and 9-243, except to the
25extent the Commission may, in its discretion, order otherwise.
26The Commission shall permit any statutory consumer protection

SB3131- 81 -LRB100 19958 SMS 35239 b
1agency to have access to any such contract, provided that: (i)
2the agency, and each individual that will have access on behalf
3of the agency, agree in writing to keep such contract
4confidential, such agreement to be in a form established by the
5Commission; and (ii) access is limited to full-time employees
6of the agency and such other persons as are acceptable to the
7public utility or, if the agency and the public utility are
8unable to agree, are determined to be acceptable by the
9Commission. "Statutory consumer protection agency" means any
10office, corporation, or other agency created by Article XI of
11this Act or any other Illinois statute as of the effective date
12of this amendatory Act of 1996 that has an express statutory
13duty to represent the interest of public utility customers, any
14such agency subsequently created by act of the General Assembly
15that expressly authorizes the agency to access the information
16described in this subsection, or the Attorney General of the
17State of Illinois.
18 (e) Nothing in this Section shall be construed to give a
19public utility the authority to provide electric or natural gas
20service to a customer the public utility is not otherwise
21lawfully entitled to serve. Nothing in this Section shall be
22construed to affect in any way the service rights of electric
23suppliers as granted under the Electric Supplier Act.
24 (f) The provisions of subsection (b) of this Section
259-102.1 are intended to be severable from the remaining
26provisions of this Act; and therefore, no determination of the

SB3131- 82 -LRB100 19958 SMS 35239 b
1validity of the provisions of subsection (b) shall affect the
2validity of the remaining provisions of this Section 9-102.1.
3 (g) After January 1, 2001, no contract for electric service
4may be entered into under any schedule filed pursuant to the
5provisions of subsection (a) of this Section or under any
6schedule referred to in subsection (b) of this Section. The
7foregoing provision shall not affect any contract entered into
8prior to January 1, 2001.
9 (h) Nothing contained in this Section shall be construed as
10preventing any customer or other appropriate party from filing
11a complaint or otherwise requesting that the Commission
12investigate the reasonableness of the terms and conditions of
13any schedule filed under this Section or referred to in
14subsection (b) of this Section. Nothing contained in this
15Section shall be construed as affecting the right of any
16customer or public utility to enter into and enforce any
17contract providing for the amounts to be charged for service
18where the contract is or has been filed pursuant to any other
19Section of this Act. Nothing contained in this Section shall be
20construed to limit any Commission authority to authorize a
21public utility to engage in experimental programs relating to
22competition, including direct access programs.
23(Source: P.A. 89-600, eff. 8-2-96.)
24 (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
25 Sec. 9-201. (a) Unless the Commission otherwise orders, and

SB3131- 83 -LRB100 19958 SMS 35239 b
1except as otherwise provided in this Section, no change shall
2be made by any public utility in any rate or other charge or
3classification, or in any rule, regulation, practice or
4contract relating to or affecting any rate or other charge,
5classification or service, or in any privilege or facility,
6except after 45 days' notice to the Commission and to the
7public as herein provided. Such notice shall be given by filing
8with the Commission and keeping open for public inspection new
9schedules or supplements stating plainly the change or changes
10to be made in the schedule or schedules then in force, and the
11time when the change or changes will go into effect, and by
12publication in a newspaper of general circulation or such other
13notice to persons affected by such change as may be prescribed
14by rule of the Commission. The Commission, for good cause
15shown, may allow changes without requiring the 45 days' notice
16herein provided for, by an order specifying the changes so to
17be made and the time when they shall take effect and the manner
18in which they shall be filed and published.
19 When any change is proposed in any rate or other charge, or
20classification, or in any rule, regulation, practice, or
21contract relating to or affecting any rate or other charge,
22classification or service, or in any privilege or facility,
23such proposed change shall be plainly indicated on the new
24schedule filed with the Commission, by some character to be
25designated by the Commission, immediately preceding or
26following the item.

SB3131- 84 -LRB100 19958 SMS 35239 b
1 When any public utility providing water or sewer service
2proposes any change in any rate or other charge, or
3classification, or in any rule, regulation, practice, or
4contract relating to or affecting any rate or other charge,
5classification or service, or in any privilege or facility,
6such utility shall, in addition to the other notice
7requirements of this Act, provide notice of such change to all
8customers potentially affected by including a notice and
9description of such change, and of Commission procedures for
10intervention, in the first bill sent to each such customer
11after the filing of the proposed change.
12 For water or sewer utilities with greater than 15,000 total
13customers, the following notice requirements are applicable,
14in addition to the other notice requirements of this Act:
15 (1) As a separate bill insert, an initial notice in the
16 first bill sent to all customers potentially affected by
17 the proposed change after the filing of the proposed change
18 shall include:
19 (A) the approximate date when the change or changes
20 shall go into effect assuming the Commission utilizes
21 the 11-month process as described in this Section;
22 (B) a statement indicating that the estimated bill
23 impact may vary based on multiple factors, including,
24 but not limited to, meter size, usage volume, and the
25 fire protection district;
26 (C) the water or sewer utility's customer service

SB3131- 85 -LRB100 19958 SMS 35239 b
1 number or other number as may be appropriate where an
2 authorized agent of the water or sewer utility can
3 explain how the proposed increase might impact an
4 individual customer's bill;
5 (D) if the proposed change involves a change from a
6 flat to a volumetric rate, an explanation of volumetric
7 rate;
8 (E) a reference to the water or sewer utility's
9 website where customers can find tips on water
10 conservation; and
11 (F) for customers receiving both water and sewer
12 service from a utility and if the customer has an
13 option to install a separate meter for irrigation to
14 mitigate sewer charges, an explanation of the water and
15 sewer utility's and the customer's responsibilities
16 for installation of a separate meter if such a change
17 is approved.
18 (2) A second notice to all customers shall be included
19 on the first bill after the Commission suspends the tariffs
20 initiating the rate case.
21 (3) Final notice of such change shall be sent to all
22 customers potentially affected by the proposed change by
23 including information required under this paragraph (3)
24 with the first bill after the effective date of the rates
25 approved by the Final Order of the Commission in a rate
26 case. The notice shall include the following:

SB3131- 86 -LRB100 19958 SMS 35239 b
1 (A) the date when the change or changes went into
2 effect;
3 (B) the water or sewer utility's customer service
4 number or other number as may be appropriate where an
5 authorized agent of the water or sewer utility can
6 explain how the proposed increase might impact an
7 individual customer's bill;
8 (C) an explanation that usage shall now be charged
9 at a volumetric rate rather than a flat rate, if
10 applicable;
11 (D) a reference to the water or sewer utility's
12 website where the customer can find tips on water
13 conservation; and
14 (E) for customers receiving both water and sewer
15 service from a utility and if the customer has an
16 option to install a separate meter for irrigation to
17 mitigate sewer charges, an explanation of the water and
18 sewer utility's and the customer's responsibilities
19 for installation of a separate meter if such a change
20 is approved.
21 (b) Whenever there shall be filed with the Commission any
22schedule stating an individual or joint rate or other charge,
23classification, contract, practice, rule or regulation, the
24Commission shall have power, and it is hereby given authority,
25either upon complaint or upon its own initiative without
26complaint, at once, and if it so orders, without answer or

SB3131- 87 -LRB100 19958 SMS 35239 b
1other formal pleadings by the interested public utility or
2utilities, but upon reasonable notice, to enter upon a hearing
3concerning the propriety of such rate or other charge,
4classification, contract, practice, rule or regulation, and
5pending the hearing and decision thereon, such rate or other
6charge, classification, contract, practice, rule or regulation
7shall not go into effect. The period of suspension of such rate
8or other charge, classification, contract, practice, rule or
9regulation shall not extend more than 105 days beyond the time
10when such rate or other charge, classification, contract,
11practice, rule or regulation would otherwise go into effect
12unless the Commission, in its discretion, extends the period of
13suspension for a further period not exceeding 6 months.
14 All rates or other charges, classifications, contracts,
15practices, rules or regulations not so suspended shall, on the
16expiration of 45 days from the time of filing the same with the
17Commission, or of such lesser time as the Commission may grant,
18go into effect and be the established and effective rates or
19other charges, classifications, contracts, practices, rules
20and regulations, subject to the power of the Commission, after
21a hearing had on its own motion or upon complaint, as herein
22provided, to alter or modify the same.
23 Within 30 days after such changes have been authorized by
24the Commission, copies of the new or revised schedules shall be
25posted or filed in accordance with the terms of Section 9-103
26of this Act, in such a manner that all changes shall be plainly

SB3131- 88 -LRB100 19958 SMS 35239 b
1indicated. The Commission shall incorporate into the period of
2suspension a review period of 4 business days during which the
3Commission may review and determine whether the new or revised
4schedules comply with the Commission's decision approving a
5change to the public utility's rates. Such review period shall
6not extend the suspension period by more than 2 days. Absent
7notification to the contrary within the 4 business day period,
8the new or revised schedules shall be deemed approved.
9 (c) If the Commission enters upon a hearing concerning the
10propriety of any proposed rate or other charge, classification,
11contract, practice, rule or regulation, the Commission shall
12establish the rates or other charges, classifications,
13contracts, practices, rules or regulations proposed, in whole
14or in part, or others in lieu thereof, which it shall find to
15be just and reasonable. In such hearing, the burden of proof to
16establish the justness and reasonableness of the proposed rates
17or other charges, classifications, contracts, practices, rules
18or regulations, in whole and in part, shall be upon the
19utility. The utility, the staff of the Commission, the Attorney
20General, or any party to a proceeding initiated under this
21Section who has been granted intervenor status and submitted a
22post-hearing brief must be given the opportunity to present
23oral argument, if requested no later than the date for filing
24exceptions, on the propriety of any proposed rate or other
25charge, classification, contract, practice, rule, or
26regulation. No rate or other charge, classification, contract,

SB3131- 89 -LRB100 19958 SMS 35239 b
1practice, rule or regulation shall be found just and reasonable
2unless it is consistent with Sections of this Article.
3 (d) Except where compliance with Section 8-401 of this Act
4is of urgent and immediate concern, no representative of a
5public utility may discuss with a commissioner, commissioner's
6assistant, or administrative law judge hearing examiner in a
7non-public setting a planned filing for a general rate
8increase. If a public utility makes a filing under this
9Section, then no substantive communication by any such person
10with a commissioner, commissioner's assistant, or
11administrative law judge hearing examiner concerning the
12filing is permitted until a notice of hearing has been issued.
13After the notice of hearing has been issued, the only
14communications by any such person with a commissioner,
15commissioner's assistant, or administrative law judge hearing
16examiner concerning the filing permitted are communications
17permitted under Section 10-103 of this Act. If any such
18communication does occur, then within 5 days of the docket
19being initiated all details relating to the communication shall
20be placed on the public record of the proceeding. The record
21shall include any materials, whether written, recorded,
22filmed, or graphic in nature, produced or reproduced on any
23media, used in connection with the communication. The record
24shall reflect the names of all persons who transmitted,
25received, or were otherwise involved in the communication, the
26duration of the communication, and whether the communication

SB3131- 90 -LRB100 19958 SMS 35239 b
1occurred in person or by other means. In the case of an oral
2communication, the record shall also reflect the location or
3locations of all persons involved in the communication and, if
4the communication occurred by telephone, the telephone numbers
5for the callers and recipients of the communication. A
6commissioner, commissioner's assistant, or administrative law
7judge hearing examiner who is involved in any such
8communication shall be recused from the affected proceeding.
9The Commission, or any commissioner or administrative law judge
10hearing examiner presiding over the proceeding shall, in the
11event of a violation of this Section, take action necessary to
12ensure that such violation does not prejudice any party or
13adversely affect the fairness of the proceedings including
14dismissing the affected proceeding. Nothing in this subsection
15(d) is intended to preclude otherwise allowable updates on
16issues that may be indirectly related to a general rate case
17filing because cost recovery for the underlying activity may be
18requested. Such updates may include, without limitation,
19issues related to outages and restoration, credit ratings,
20security issuances, reliability, Federal Energy Regulatory
21Commission matters, Federal Communications Commission matters,
22regional reliability organizations, consumer education, or
23labor matters, provided that such updates may not include cost
24recovery in a planned rate case.
25(Source: P.A. 98-191, eff. 1-1-14.)

SB3131- 91 -LRB100 19958 SMS 35239 b
1 (220 ILCS 5/9-214) (from Ch. 111 2/3, par. 9-214)
2 Sec. 9-214. (a) As used in this Section:
3 (1) "CWIP" means those assets which are recorded as
4 construction work in progress on a public utility's books
5 of accounts maintained in accordance with the applicable
6 regulations and orders of the Commission.
7 (2) "Rate base" means the original cost value of the
8 property on which a return is allowed.
9 (3) "CWIP ratio" means the fraction, expressed as a
10 percentage, calculated by dividing the amount of CWIP
11 included in a public utility's rate base by the utility's
12 rate base.
13 (4) "Existing CWIP" means the amount of CWIP included
14 in the rate base on December 1, 1983.
15 (b) In any determination under Section 9-201, 9-202 or
169-250 of this Act in a proceeding begun on or after December 1,
171983:
18 (1) For any public utility with a CWIP ratio on
19 December 1, 1983, which is less than 15%, the Commission
20 shall not include in the rate base for such public utility
21 an amount for CWIP to exceed 80% of existing CWIP for the
22 period from December 1, 1983 through December 31, 1984, and
23 60% of existing CWIP for the period from January 1, 1985
24 through December 31, 1985 and 40% of existing CWIP for the
25 period from January 1, 1986 through December 31, 1986, and
26 20% of existing CWIP for the period from January 1, 1987

SB3131- 92 -LRB100 19958 SMS 35239 b
1 through December 31, 1987.
2 (2) For any public utility with a CWIP ratio on
3 December 1, 1983 which is greater than or equal to 15%, the
4 Commission shall not include in the rate base for such
5 public utility an amount for CWIP in excess of the amount
6 of CWIP included in the rate base on December 1, 1983, plus
7 50% of the allowed construction expenses incurred by the
8 public utility from the date of the most recent rate
9 determination by the Commission prior to December 1, 1983.
10 (c) The limitations set forth in paragraph (b) of this
11Section shall not be interpreted as an expansion of the
12Commission's authority to include CWIP in the rate base, but
13rather solely as a limitation thereon.
14 (d) The Commission shall not include an amount for CWIP in
15the rate base for any public utility for the period after
16December 31, 1988.
17 (e) Notwithstanding the provisions of paragraphs (b) and
18(d) of this Section the Commission may include in the rate base
19of a public utility an amount for CWIP for a public utility's
20investment which is scheduled to be placed in service within 12
21months of the date of the rate determination. For the purposes
22of this paragraph nuclear generating facilities shall be
23considered to be in service upon the commencement of electric
24generation.
25 (f) Notwithstanding the provisions of paragraph (b) and
26(d), the Commission may include in the rate base of a public

SB3131- 93 -LRB100 19958 SMS 35239 b
1utility an amount of CWIP for a public utility's investment in
2pollution control devices for the control of sulfur dioxide
3emissions and the purification of water and sewage; provided,
4however, that upon application by a public utility which is
5constructing one or more pollution control devices for the
6control of sulfur dioxide emissions as part of a Clean Air Act
7compliance plan approved by the Commission pursuant to
8subsection (e) of Section 8-402.1, the Commission shall include
9in such public utility's rate base an amount of CWIP equal to
10its investment in such pollution control device or devices, but
11not to exceed the estimated cost of such facilities specified
12in the Commission's order or supplemental order pursuant to
13subsection (e) of Section 8-402.1. For purposes of this
14subsection (f), the public utility's investment shall not
15include the amount of any state, federal or other grants
16provided to the public utility to fund the design, acquisition,
17construction, installation and testing of pollution control
18devices for the control of sulfur dioxide emissions.
19 (g) Except for those amounts of CWIP described in
20paragraphs (e) and (f) of this Section, the Commission shall
21consider, in any rate filing subsequent to the coming on line
22of any new utility plant where CWIP funds have been allowed in
23rate base, a rate moderation plan directed towards allowing an
24appropriate return to ratepayers for previous amounts
25attributable to CWIP funds.
26 The Commission shall conduct an investigation and study of

SB3131- 94 -LRB100 19958 SMS 35239 b
1the costs and benefits to ratepayers of the inclusion of
2construction work in progress in rate base. Such study shall
3include a full opportunity for participation by the public
4through notice and hearings. If the Commission determines that
5in certain circumstances the inclusion of CWIP in rate base
6would be demonstrably beneficial to ratepayers, the Commission
7shall report its findings with recommendations to the General
8Assembly by December 31, 1988.
9(Source: P.A. 87-173.)
10 (220 ILCS 5/9-222.2) (from Ch. 111 2/3, par. 9-222.2)
11 Sec. 9-222.2. Additional Charge - Recovery. The additional
12charge authorized by Section 9-221 or Section 9-222 shall be
13made (i) in the case of a tax measured by gross receipts or
14gross revenue, by adding to the customer's bill a uniform
15percentage to those amounts payable by the customer for
16intrastate utility service which are includible in the measure
17of such tax, except, however, such method is not required where
18practical considerations justify a utility's or
19telecommunications carrier's use of another just and
20reasonable method of recovering its entire liability for such
21tax, and (ii) in the case of a tax measured by the number of
22therms or kilowatt-hours distributed, supplied, furnished,
23sold, transported or transmitted, by adding to the customer's
24bill an amount equal to the number of therms or kilowatt-hours
25which are includible in the measure of such tax, multiplied by

SB3131- 95 -LRB100 19958 SMS 35239 b
1the applicable tax rate. Without limiting the generality of the
2foregoing, it shall not be deemed unjust and unreasonable or a
3violation of Section 9-241 for telecommunications carriers to
4recover the expense of taxes imposed by any municipality
5pursuant to Section 8-11-2 of the Illinois Municipal Code on
6coin revenues generated by coin-operated telecommunications
7devices by including the expense of the tax within the coin
8rates for intra-state coin paid telecommunications services.
9(Source: P.A. 87-750.)
10 (220 ILCS 5/9-223) (from Ch. 111 2/3, par. 9-223)
11 Sec. 9-223. Fire protection charge.
12 (a) The Commission may authorize any public utility engaged
13in the production, storage, transmission, sale, delivery or
14furnishing of water to impose a fire protection charge, in
15addition to any rate authorized by this Act, sufficient to
16cover a reasonable portion of the cost of providing the
17capacity, facilities and the water necessary to meet the fire
18protection needs of any municipality or public fire protection
19district. Such fire protection charge shall be in the form of a
20fixed amount per bill and shall be shown separately on the
21utility bill of each customer of the municipality or fire
22protection district. Any filing by a public utility to impose
23such a fire protection charge or to modify a charge shall be
24made pursuant to Section 9-201 of this Act. Any fire protection
25charge imposed shall reflect the costs associated with

SB3131- 96 -LRB100 19958 SMS 35239 b
1providing fire protection service for each municipality or fire
2protection district. No such charge shall be imposed directly
3on any municipality or fire protection district for a
4reasonable level of fire protection services unless provided
5for in a separate agreement between the municipality or the
6fire protection district and the utility.
7 (b) (Blank). By December 31, 2007, the Commission shall
8conduct at least 3 public forums to evaluate the purpose and
9use of each fire protection charge imposed under this Section.
10At least one forum must be held in northern Illinois, at least
11one forum must be held in central Illinois, and at least one
12forum must be held in southern Illinois. The Commission must
13invite a representative from each municipality and fire
14protection district affected by a fire protection charge under
15this Section to attend a public forum. The Commission shall
16report its findings concerning recommendations concerning the
17purpose and use of each fire protection charge to the General
18Assembly no later than the last day of the veto session in
192008.
20(Source: P.A. 94-950, eff. 6-27-06.)
21 (220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
22 Sec. 10-101. The Commission, or any commissioner or
23administrative law judge hearing examiner designated by the
24Commission, shall have power to hold investigations, inquiries
25and hearings concerning any matters covered by the provisions

SB3131- 97 -LRB100 19958 SMS 35239 b
1of this Act, or by any other Acts relating to public utilities
2subject to such rules and regulations as the Commission may
3establish. In the conduct of any investigation, inquiry or
4hearing the provisions of the Illinois Administrative
5Procedure Act, including but not limited to Sections 10-25 and
610-35 of that Act, shall be applicable and the Commission's
7rules shall be consistent therewith. Complaint cases initiated
8pursuant to any Section of this Act, investigative proceedings
9and ratemaking cases shall be considered "contested cases" as
10defined in Section 1-30 of the Illinois Administrative
11Procedure Act, any contrary provision therein notwithstanding.
12Any proceeding intended to lead to the establishment of
13policies, practices, rules or programs applicable to more than
14one utility may, in the Commission's discretion, be conducted
15pursuant to either rulemaking or contested case provisions,
16provided such choice is clearly indicated at the beginning of
17such proceeding and subsequently adhered to. No violation of
18this Section or the Illinois Administrative Procedure Act and
19no informality in any proceeding or in the manner of taking
20testimony before the Commission, any commissioner or
21administrative law judge hearing examiner of the Commission
22shall invalidate any order, decision, rule or regulation made,
23approved, or confirmed by the Commission in the absence of
24prejudice. All hearings conducted by the Commission shall be
25open to the public.
26 Each commissioner and every administrative law judge

SB3131- 98 -LRB100 19958 SMS 35239 b
1hearing examiner of the Commission designated by it to hold any
2inquiry, investigation or hearing, shall have the power to
3administer oaths and affirmations, certify to all official
4acts, issue subpoenas, compel the attendance and testimony of
5witnesses, and the production of papers, books, accounts and
6documents.
7 Hearings shall be held either by the Commission or by one
8or more commissioners or administrative law judges hearing
9examiners.
10 When any attorney who is not admitted to the practice of
11law in Illinois by unlimited or conditional admission, but who
12is licensed in another state, territory, or commonwealth of the
13United States, the District of Columbia, or a foreign country
14may desire to appear before the Commission, such attorney shall
15be allowed to appear before the Commission as provided in
16Supreme Court Rule 707.
17 All evidence presented at hearings held by the Commission
18or under its authority shall become a part of the records of
19the Commission. In all cases in which the Commission bases any
20action on reports of investigation or inquiries not conducted
21as hearings, such reports shall be made a part of the records
22of the Commission. All proceedings of the Commission and all
23documents and records in its possession shall be public
24records, except as in this Act otherwise provided.
25 To the extent consistent with this Section and the Illinois
26Administrative Procedure Act, the Commission may adopt

SB3131- 99 -LRB100 19958 SMS 35239 b
1reasonable and proper rules and regulations relative to the
2exercise of its powers, and proper rules to govern its
3proceedings, and regulate the mode and manner of all
4investigations and hearings, and alter and amend the same.
5(Source: P.A. 98-895, eff. 1-1-15.)
6 (220 ILCS 5/10-101.1)
7 Sec. 10-101.1. Mediation; arbitration; case management.
8 (a) It is the intent of the General Assembly that
9proceedings before the Commission shall be concluded as
10expeditiously as is possible consistent with the right of the
11parties to the due process of law and protection of the public
12interest. It is further the intent of the General Assembly to
13permit and encourage voluntary mediation and voluntary binding
14arbitration of disputes arising under this Act.
15 (b) Nothing in this Act shall prevent parties to contested
16cases brought before the Commission from resolving those cases,
17or other disputes arising under this Act, in part or in their
18entirety, by agreement of all parties, by compromise and
19settlement, or by voluntary mediation; provided, however, that
20nothing in this Section shall limit the Commission's authority
21to conduct such investigations and enter such orders as it
22shall deem necessary to enforce the provisions of this Act or
23otherwise protect the public interest. Evidence of conduct or
24statements made by a party in furtherance of voluntary
25mediation or in compromise negotiations is not admissible as

SB3131- 100 -LRB100 19958 SMS 35239 b
1evidence should the matter subsequently be heard by the
2Commission; provided, however that evidence otherwise
3discoverable is not excluded or deemed inadmissible merely
4because it is presented in the course of voluntary mediation or
5compromise negotiations. No civil penalty shall be imposed upon
6parties that reach an agreement pursuant to the mediation
7procedures in this Section.
8 (c) The Commission shall prescribe by rule such procedures
9and facilities as are necessary to permit parties to resolve
10disputes through voluntary mediation prior to the filing of, or
11at any point during, the pendency of a contested matter.
12Parties to disputes arising under this Act are encouraged to
13submit disputes to the Commission for voluntary mediation,
14which shall not be binding upon the parties. Submission of a
15dispute to voluntary mediation shall not compromise the right
16of any party to bring action under this Act.
17 (d) In any contested case before the Commission, at the
18Commission's or administrative law judge's hearing examiner's
19direction or on motion of any party, a case management
20conference may be held at such time in the proceeding prior to
21evidentiary hearing as the administrative law judge hearing
22examiner deems proper. Prior to the conference, when directed
23to do so, all parties shall file a case management memorandum
24that addresses items (1) through (9) as directed by the
25administrative law judge hearing examiner. At the conference,
26the following shall be considered:

SB3131- 101 -LRB100 19958 SMS 35239 b
1 (1) the identification and simplification of the
2 issues; provided, however, that the identification of
3 issues by a party shall not foreclose that party from
4 raising such other meritorious issues as that party might
5 subsequently identify;
6 (2) amendments to the pleadings;
7 (3) the possibility of obtaining admissions of fact and
8 of documents which will avoid unnecessary proof;
9 (4) limitations on discovery including:
10 (A) the area of expertise and the number of
11 witnesses who will likely be called; provided,
12 however, that the identification of witnesses by a
13 party shall not foreclose that party from producing
14 such other witnesses as that party might subsequently
15 identify; and
16 (B) schedules for responses to and completion of
17 discovery; provided, however, that such responses
18 shall under no circumstances be provided later than 28
19 days after such discovery or requests are served,
20 unless the administrative law judge hearing examiner
21 shall order or the parties agree to some other time
22 period for response;
23 (5) the possibility of settlement and scheduling of a
24 settlement conference;
25 (6) the advisability of alternative dispute resolution
26 including, but not limited to, mediation or arbitration;

SB3131- 102 -LRB100 19958 SMS 35239 b
1 (7) the date on which the matter should be ready for
2 evidentiary hearing and the likely duration of the hearing;
3 (8) the advisability of holding subsequent case
4 management conferences; and
5 (9) any other matters that may aid in the disposition
6 of the action.
7 (e) The Commission is hereby authorized, if requested by
8all parties to any complaint brought under this Act, to
9arbitrate the complaint and to enter a binding arbitration
10award disposing of the complaint. The Commission shall
11prescribe by rule procedures for arbitration.
12(Source: P.A. 92-22, eff. 6-30-01.)
13 (220 ILCS 5/10-103) (from Ch. 111 2/3, par. 10-103)
14 Sec. 10-103. In all proceedings, investigations or
15hearings conducted by the Commission, except in the disposition
16of matters which the Commission is authorized to entertain or
17dispose of on an ex parte basis, any finding, decision or order
18made by the Commission shall be based exclusively on the record
19for decision in the case, which shall include only the
20transcript of testimony and exhibits together with all papers
21and requests filed in the proceeding, including, in contested
22cases, the documents and information described in Section 10-35
23of the Illinois Administrative Procedure Act.
24 The provisions of Section 10-60 of the Illinois
25Administrative Procedure Act shall apply in full to Commission

SB3131- 103 -LRB100 19958 SMS 35239 b
1proceedings, including ratemaking cases, any provision of the
2Illinois Administrative Procedure Act to the contrary
3notwithstanding.
4 The provisions of Section 10-60 shall not apply, however,
5to communications between Commission employees who are engaged
6in investigatory, prosecutorial or advocacy functions and
7other parties to the proceeding, provided that such Commission
8employees are still prohibited from communicating on an ex
9parte basis, as designated in Section 10-60, directly or
10indirectly, with members of the Commission, any administrative
11law judge hearing examiner in the proceeding, or any Commission
12employee who is or may reasonably be expected to be involved in
13the decisional process of the proceeding. Any commissioner,
14administrative law judge hearing examiner, or other person who
15is or may reasonably be expected to be involved in the
16decisional process of a proceeding, who receives, or who makes
17or knowingly causes to be made, a communication prohibited by
18this Section or Section 10-60 of the Illinois Administrative
19Procedure Act as modified by this Section, shall place on the
20public record of the proceeding (1) any and all such written
21communications; (2) memoranda stating the substance of any and
22all such oral communications; and (3) any and all written
23responses and memoranda stating the substance of any and all
24oral responses to the materials described in clauses (1) and
25(2).
26 The Commission, or any commissioner or administrative law

SB3131- 104 -LRB100 19958 SMS 35239 b
1judge hearing examiner presiding over the proceeding, shall in
2the event of a violation of this Section, take whatever action
3is necessary to ensure that such violation does not prejudice
4any party or adversely affect the fairness of the proceedings,
5including dismissing the affected matter.
6(Source: P.A. 96-33, eff. 7-10-09.)
7 (220 ILCS 5/10-104) (from Ch. 111 2/3, par. 10-104)
8 Sec. 10-104. All hearings before the Commission or any
9commissioner or administrative law judge hearing examiner
10shall be held within the county in which the subject matter of
11the hearing is situated, or if the subject matter of the
12hearing is situated in more than one county, then at a place or
13places designated by the Commission, or agreed upon by the
14parties in interest, within one or more such counties, or at
15the place which in the judgment of the Commission shall be most
16convenient to the parties to be heard.
17(Source: P.A. 84-617.)
18 (220 ILCS 5/10-105) (from Ch. 111 2/3, par. 10-105)
19 Sec. 10-105. No person shall be excused from testifying or
20from producing any papers, books, accounts or documents in any
21investigation or inquiry or upon any hearing ordered by the
22Commission, when ordered to do so by the Commission or any
23commissioner or administrative law judge hearing examiner,
24upon the ground that the testimony or evidence, documentary or

SB3131- 105 -LRB100 19958 SMS 35239 b
1otherwise, may tend to incriminate him or subject him to a
2penalty or forfeiture. But no person shall be prosecuted or
3subjected to any penalty or forfeiture for or on account of any
4transaction, matter or thing concerning which he may testify or
5produce evidence, documentary or otherwise, before the
6Commission or a commissioner or administrative law judge
7hearing examiner: Provided, that such immunity shall extend
8only to a natural person, who in obedience to a subpoena, gives
9testimony under oath or produces evidence, documentary or
10otherwise under oath. No person so testifying shall be exempt
11from prosecution and punishment for perjury committed in so
12testifying. The Commission or a commissioner or administrative
13law judge hearing examiner may, on the motion of a party or on
14its own motion, strike, in whole or in part, the testimony of a
15person who is not reasonably prepared to respond to questions
16under cross-examination intending to elicit information
17directly related to matters raised by that person in his
18testimony.
19(Source: P.A. 93-457, eff. 8-8-03.)
20 (220 ILCS 5/10-106) (from Ch. 111 2/3, par. 10-106)
21 Sec. 10-106. All subpoenas issued under the terms of this
22Act may be served by any person of full age. The fees of
23witnesses for attendance and travel shall be the same as fees
24of witnesses before the circuit courts of this State, such fees
25to be paid when the witness is excused from further attendance,

SB3131- 106 -LRB100 19958 SMS 35239 b
1when the witness is subpoenaed at the instance of the
2Commission, or any commissioner or administrative law judge
3hearing examiner; and the disbursements made in the payment of
4such fees shall be audited and paid in the same manner as are
5other expenses of the Commission. Whenever a subpoena is issued
6at the instance of a complainant, respondent, or other party to
7any proceeding before the Commission, the Commission may
8require that the cost of service thereof and the fee of the
9witness shall be borne by the party at whose instance the
10witness is summoned, and the Commission shall have power, in
11its discretion, to require a deposit to cover the cost of such
12service and witness fees and the payment of the legal witness
13fee and mileage to the witness when served with subpoena. A
14subpoena issued as aforesaid shall be served in the same manner
15as a subpoena issued out of a court.
16 Any person who shall be served with a subpoena to appear
17and testify, or to produce books, papers, accounts or
18documents, issued by the Commission or by any commissioner or
19administrative law judge hearing examiner, in the course of an
20inquiry, investigation or hearing conducted under any of the
21provisions of this Act, and who refuse or neglect to appear, or
22to testify, or to produce books, papers, accounts and documents
23relevant to said inquiry, investigation or hearing as commanded
24in such subpoena, shall be guilty of a Class A misdemeanor.
25 Any circuit court of this State, upon application of the
26Commission, or a commissioner or administrative law judge

SB3131- 107 -LRB100 19958 SMS 35239 b
1hearing examiner, may, in its discretion, compel the attendance
2of witnesses, the production of books, papers, accounts and
3documents, and the giving of testimony before the Commission,
4or before any such commissioner or administrative law judge
5hearing examiner, by an attachment for contempt or otherwise,
6in the same manner as production of evidence may be compelled
7before the court.
8 The Commission or a commissioner or administrative law
9judge hearing examiner or any party may in any investigation or
10hearing before the Commission, cause the deposition of
11witnesses residing within or without the State to be taken in
12the manner prescribed by law for like depositions in civil
13actions in the courts of this State and to that end may compel
14the attendance of witnesses and the production of papers,
15books, accounts and documents.
16 The Commission may require, by order served on any public
17utility in the manner provided herein for the service of
18orders, the production within this State at such time and place
19as it may designate, of any books, accounts, papers or
20documents kept by any public utility operating within this
21State in any office or place without this State, or, at its
22option, verified copies in lieu thereof, so that an examination
23thereof may be made by the Commission or under its direction.
24(Source: P.A. 84-617.)
25 (220 ILCS 5/10-107) (from Ch. 111 2/3, par. 10-107)

SB3131- 108 -LRB100 19958 SMS 35239 b
1 Sec. 10-107. The Commission, each commissioner and each
2employee of the Commission properly authorized thereby shall
3have the right, at any and all times to inspect the papers,
4books, accounts and documents, plant, equipment or other
5property of any public utility, and the Commission, each
6commissioner and any administrative law judge hearing examiner
7of the Commission authorized to administer oaths shall have the
8power to examine under oath any officer, agent or employee of
9such public utility in relation to any matter within the
10jurisdiction of the Commission. A person other than a
11commissioner or administrative law judge hearing examiner
12demanding such inspection shall produce under the seal of the
13Commission his authority to make such inspection. A written
14record of the testimony or statement so given under oath shall
15be made and filed with the Commission. Information so obtained
16shall not be admitted in evidence or used in any proceeding
17except in proceedings provided for in this Act.
18 Any party to a proceeding before the Commission shall have
19the right to inspect the records of all hearings,
20investigations or inquiries conducted by or under the authority
21of the Commission, which may relate to the issues involved in
22such proceeding; and to submit suggestions as to other matters
23to be investigated or as to questions to be propounded. If the
24Commission is satisfied that such suggested investigation
25should be made or such suggested questions answered, and that
26the information desired is within the power of either party to

SB3131- 109 -LRB100 19958 SMS 35239 b
1furnish, it shall enter an order requiring the investigation to
2be made or the questions to be answered, and upon failure or
3refusal to comply with such order, the Commission shall either
4refuse to grant the relief prayed for by the party refusing to
5comply, or may grant the relief prayed for by the opposing
6party against the party refusing to comply.
7(Source: P.A. 84-617.)
8 (220 ILCS 5/10-110) (from Ch. 111 2/3, par. 10-110)
9 Sec. 10-110. At the time fixed for any hearing upon a
10complaint, the complainant and the person or corporation
11complained of, and such persons or corporations as the
12Commission may allow to intervene, shall be entitled to be
13heard and to introduce evidence. The Commission shall issue
14process to enforce the attendance of all necessary witnesses.
15At the conclusion of such hearing the Commission shall make and
16render findings concerning the subject matter and facts
17inquired into and enter its order based thereon. A copy of such
18order, certified under the seal of the Commission, shall be
19served upon the person or corporation complained of, or his or
20its attorney, which order shall, of its own force, take effect
21and become operative twenty days after the service thereof,
22except as otherwise provided, and shall continue in force
23either for a period which may be designated therein or until
24changed or abrogated by the Commission. Where an order cannot,
25in the judgment of the Commission, be complied with within

SB3131- 110 -LRB100 19958 SMS 35239 b
1twenty days, the Commission may prescribe such additional time
2as in its judgment is reasonably necessary to comply with the
3order, and may, on application and for good cause shown, extend
4the time for compliance fixed in its order. A full and complete
5record shall be preserved of all proceedings had before the
6Commission, or any member thereof, or any administrative law
7judge hearing examiner, on any formal hearing had, and all
8testimony shall be taken down by a stenographer appointed by
9the Commission, and the parties shall be entitled to be heard
10in person or by attorney.
11 In any proceeding involving a public utility in which the
12lawfulness of any of its rates or other charges shall be called
13in question by any person or corporation furnishing a commodity
14or service in competition with said public utility at prices or
15charges not subject to regulation, the Commission may
16investigate the competitive prices or other charges demanded or
17received by such person or corporation for such commodity or
18service, including the rates or other charges applicable to the
19transportation thereof. The Commission may, on its own motion
20or that of any party to such proceeding, issue subpoenas to
21secure the appearance of witnesses or the production of books,
22papers, accounts and documents necessary to ascertain the
23prices, rates or other charges for such commodity or service or
24for the transportation thereof, and shall dismiss from such
25proceeding any party failing to comply with a subpoena so
26issued.

SB3131- 111 -LRB100 19958 SMS 35239 b
1 In case of an appeal from any order or decision of the
2Commission, under the terms of Sections 10-201 and 10-202 of
3this Act, a transcript of such testimony, together with all
4exhibits or copies thereof introduced and all information
5secured by the Commission on its own initiative and considered
6by it in rendering its order or decision (and required by this
7Act to be made a part of its records) and of the pleadings,
8records and proceedings in the case, including transcripts of
9Commission meetings prepared in accordance with Section 10-102
10of this Act, shall constitute the record of the Commission:
11Provided, that on appeal from an order or decision of the
12Commission, the person or corporation taking the appeal and the
13Commission may stipulate that a certain question or certain
14questions alone and a specified portion only of the evidence
15shall be certified to the court for its judgment, whereupon
16such stipulation and the question or questions and the evidence
17therein specified shall constitute the record on appeal.
18 Copies of all official documents and orders filed or
19deposited according to law in the office of the Commission,
20certified by the Chairman of the Commission or his or her
21designee to be true copies of the originals, under the official
22seal of the Commission, shall be evidence in like manner as the
23originals.
24 In any matter concerning which the Commission is authorized
25to hold a hearing, upon complaint or application or upon its
26own motion, notice shall be given to the public utility and to

SB3131- 112 -LRB100 19958 SMS 35239 b
1such other interested persons as the Commission shall deem
2necessary in the manner provided in Section 10-108, and the
3hearing shall be conducted in like manner as if complaint had
4been made to or by the Commission. But nothing in this Act
5shall be taken to limit or restrict the power of the
6Commission, summarily, of its own motion, with or without
7notice, to conduct any investigations or inquiries authorized
8by this Act, in such manner and by such means as it may deem
9proper, and to take such action as it may deem necessary in
10connection therewith. With respect to any rules, regulations,
11decisions or orders which the Commission is authorized to issue
12without a hearing, and so issues, any public utility or other
13person or corporation affected thereby and deeming such rules,
14regulations, decisions or orders, or any of them, improper,
15unreasonable or contrary to law, may apply for a hearing
16thereon, setting forth specifically in such application every
17ground of objection which the applicant desires to urge against
18such rule, regulation, decision or order. The Commission may,
19in its discretion, grant or deny the application, and a
20hearing, if had, shall be subject to the provisions of this and
21the preceding Sections.
22(Source: P.A. 96-33, eff. 7-10-09.)
23 (220 ILCS 5/10-111) (from Ch. 111 2/3, par. 10-111)
24 Sec. 10-111. In any hearing, proceeding, investigation, or
25rulemaking conducted by the Commission, the Commission,

SB3131- 113 -LRB100 19958 SMS 35239 b
1commissioner, or administrative law judge hearing examiner
2presiding, shall, after the close of evidentiary hearings,
3prepare a recommended or tentative decision, finding, or order,
4including a statement of findings and conclusions and the
5reasons or basis therefore, on all the material issues of fact,
6law, or discretion presented on the record. Such recommended or
7tentative decision, finding, or order shall be served on all
8parties who shall be entitled to a reasonable opportunity to
9respond thereto, either in briefs or comments otherwise to be
10filed or separately. The recommended or tentative decision,
11finding, or order and any responses thereto, shall be included
12in the record for decision. This Section shall not apply to any
13hearing, proceeding, or investigation conducted under Section
1413-515.
15(Source: P.A. 96-33, eff. 7-10-09.)
16 (220 ILCS 5/10-201) (from Ch. 111 2/3, par. 10-201)
17 Sec. 10-201. (a) Jurisdiction. Within 35 days from the date
18that a copy of the order or decision sought to be reviewed was
19served upon the party affected by any order or decision of the
20Commission refusing an application for a rehearing of any rule,
21regulation, order or decision of the Commission, including any
22order granting or denying interim rate relief, or within 35
23days from the date that a copy of the order or decision sought
24to be reviewed was served upon the party affected by any final
25order or decision of the Commission upon and after a rehearing

SB3131- 114 -LRB100 19958 SMS 35239 b
1of any rule, regulation, order or decision of the Commission,
2including any order granting or denying interim rate relief,
3any person or corporation affected by such rule, regulation,
4order or decision, may appeal to the appellate court of the
5judicial district in which the subject matter of the hearing is
6situated, or if the subject matter of the hearing is situated
7in more than one district, then of any one of such districts,
8for the purpose of having the reasonableness or lawfulness of
9the rule, regulation, order or decision inquired into and
10determined.
11 The court first acquiring jurisdiction of any appeal from
12any rule, regulation, order or decision shall have and retain
13jurisdiction of such appeal and of all further appeals from the
14same rule, regulation, order or decision until such appeal is
15disposed of in such appellate court.
16 (b) Pleadings and Record. No proceeding to contest any
17rule, regulation, decision or order which the Commission is
18authorized to issue without a hearing and has so issued shall
19be brought in any court unless application shall have been
20first made to the Commission for a hearing thereon and until
21after such application has been acted upon by the Commission,
22nor shall any person or corporation in any court urge or rely
23upon any grounds not set forth in such application for a
24hearing before the Commission, but the Commission shall decide
25the questions presented by the application with all possible
26expedition consistent with the duties of the Commission. The

SB3131- 115 -LRB100 19958 SMS 35239 b
1party taking such an appeal shall file with the Commission
2written notice of the appeal. The Commission, upon the filing
3of such notice of appeal, shall, within 5 days thereafter, file
4with the clerk of the appellate court to which such appeal is
5taken a certified copy of the order appealed. The Commission
6shall prepare a copy of the transcript of the evidence,
7including exhibits and transcripts of Commission meetings
8prepared in accordance with Section 10-102 of this Act, or any
9portion of the record designated in a stipulation that only
10certain questions are involved on appeal, which stipulation is
11to be included in the record provided for in Section 10-110.
12The Commission shall certify the record and file the same with
13the clerk of the appellate court to which such appeal is taken
14within 35 days of the filing of the notice of appeal. The party
15serving such notice of appeal shall, within 5 days after the
16service of such notice upon the Commission, file a copy of the
17notice, with proof of service, with the clerk of the court to
18which such appeal is taken, and thereupon the appellate court
19shall have jurisdiction over the appeal. The appeal shall be
20heard according to the rules governing other civil cases, so
21far as the same are applicable.
22 (c) No appellate court shall permit a party affected by any
23rule, regulation, order or decision of the Commission to
24intervene or become a party plaintiff or appellant in such
25court who has not taken an appeal from such rule, regulation,
26order or decision in the manner as herein provided.

SB3131- 116 -LRB100 19958 SMS 35239 b
1 (d) No new or additional evidence may be introduced in any
2proceeding upon appeal from a rule, regulation, order or
3decision of the Commission, issued or confirmed after a
4hearing, but the appeal shall be heard on the record of the
5Commission as certified by it. The findings and conclusions of
6the Commission on questions of fact shall be held prima facie
7to be true and as found by the Commission; rules, regulations,
8orders or decisions of the Commission shall be held to be prima
9facie reasonable, and the burden of proof upon all issues
10raised by the appeal shall be upon the person or corporation
11appealing from such rules, regulations, orders or decisions.
12 (e) Powers and duties of Reviewing Court:
13 (i) An appellate court to which any such appeal is
14 taken shall have the power, and it shall be its duty, to
15 hear and determine such appeal with all convenient speed.
16 Any proceeding in any court in this State directly
17 affecting a rule, regulation, order or decision of the
18 Commission, or to which the Commission is a party, shall
19 have priority in hearing and determination over all other
20 civil proceedings pending in such court, excepting
21 election contests.
22 (ii) If it appears that the Commission failed to
23 receive evidence properly proffered, on a hearing or a
24 rehearing, or an application therefor, the court shall
25 remand the case, in whole or in part, to the Commission
26 with instructions to receive the testimony so proffered and

SB3131- 117 -LRB100 19958 SMS 35239 b
1 rejected, and to enter a new order based upon the evidence
2 theretofore taken, and such new evidence as it is directed
3 to receive, unless it shall appear that such new evidence
4 would not be controlling, in which case the court shall so
5 find in its order. If the court remands only part of the
6 Commission's rule, regulation, order or decision, it shall
7 determine without delay the lawfulness and reasonableness
8 of any independent portions of the rule, regulation, order
9 or decision subject to appeal.
10 (iii) If the court determines that the Commission's
11 rule, regulation, order or decision does not contain
12 findings or analysis sufficient to allow an informed
13 judicial review thereof, the court shall remand the rule,
14 regulation, order or decision, in whole or in part, with
15 instructions to the Commission to make the necessary
16 findings or analysis.
17 (iv) The court shall reverse a Commission rule,
18 regulation, order or decision, in whole or in part, if it
19 finds that:
20 A. The findings of the Commission are not supported
21 by substantial evidence based on the entire record of
22 evidence presented to or before the Commission for and
23 against such rule, regulation, order or decision; or
24 B. The rule, regulation, order or decision is
25 without the jurisdiction of the Commission; or
26 C. The rule, regulation, order or decision is in

SB3131- 118 -LRB100 19958 SMS 35239 b
1 violation of the State or federal constitution or laws;
2 or
3 D. The proceedings or manner by which the
4 Commission considered and decided its rule,
5 regulation, order or decision were in violation of the
6 State or federal constitution or laws, to the prejudice
7 of the appellant.
8 (v) The court may affirm or reverse the rule,
9 regulation, order or decision of the Commission in whole or
10 in part, or to remand the decision in whole or in part
11 where a hearing has been held before the Commission, and to
12 state the questions requiring further hearings or
13 proceedings and to give such other instructions as may be
14 proper.
15 (vi) When the court remands a rule, regulation, order
16 or decision of the Commission, in whole or in part, the
17 Commission shall enter its final order with respect to the
18 remanded rule, regulation, order or decision no later than
19 6 months after the date of issuance of the court's mandate.
20 The Commission shall enter its final order, with respect to
21 any remanded matter pending before it on the effective date
22 of this amendatory Act of 1988, no later than 6 months
23 after the effective date of this amendatory Act of 1988.
24 However, when the court mandates, or grants an extension of
25 time which the court determines to be necessary for, the
26 taking of additional evidence, the Commission shall enter

SB3131- 119 -LRB100 19958 SMS 35239 b
1 an interim order within 6 months after the issuance of the
2 mandate (or within 6 months after the effective date of
3 this amendatory Act of 1988 in the case of a remanded
4 matter pending before it on the effective date of this
5 amendatory Act of 1988), and the Commission shall enter its
6 final order within 5 months after the date the interim
7 order was entered.
8 (f) When no appeal is taken from a rule, regulation, order
9or decision of the Commission, as herein provided, parties
10affected by such rule, regulation, order or decision, shall be
11deemed to have waived the right to have the merits of the
12controversy reviewed by a court and there shall be no trial of
13the merits of any controversy in which such rule, regulation,
14order or decision was made, by any court to which application
15may be made for the enforcement of the same, or in any other
16judicial proceedings.
17(Source: P.A. 96-33, eff. 7-10-09.)
18 (220 ILCS 5/10-204) (from Ch. 111 2/3, par. 10-204)
19 Sec. 10-204. (a) The pendency of an appeal shall not of
20itself stay or suspend the operation of the rule, regulation,
21order or decision of the Commission, but during the pendency of
22the appeal the reviewing court may in its discretion stay or
23suspend, in whole or in part, the operation of the Commission's
24rule, regulation, order or decision. Any stocks or stock
25certificates, bonds, notes, or other evidence of indebtedness

SB3131- 120 -LRB100 19958 SMS 35239 b
1issued pursuant to and in accordance with an order of the
2Commission shall be valid and binding in accordance with their
3terms notwithstanding such order of the Commission is later
4vacated, modified, or otherwise held to be wholly or partly
5invalid unless operation of such order of the Commission has
6been stayed or suspended by the reviewing court prior to such
7issuance.
8 (b) No order so staying or suspending a rule, regulation,
9order or decision of the Commission shall be made by the court
10otherwise than upon 3 days' notice to the Commission and after
11a hearing, and if the rule, regulation, order or decision of
12the Commission is suspended, the order suspending the same
13shall contain a specific finding based upon evidence submitted
14to the court, and identified by reference thereto, that great
15or irreparable damage would otherwise result to the petitioner,
16and specifying the nature of the damage.
17 (c) In case the rule, regulation, order or decision of the
18Commission is stayed or suspended, the order of the court shall
19not become effective until a suspending bond shall first have
20been executed and filed with, and approved by the Commission
21(or approved, on review, by the court) payable to the people of
22the State of Illinois, and sufficient in amount and security to
23insure the prompt payment, by the party petitioning for the
24review, of all damages caused by the delay in the enforcement
25of the rule, regulation, order or decision of the Commission,
26and of all moneys which any person or corporation may be

SB3131- 121 -LRB100 19958 SMS 35239 b
1compelled to pay, pending the review proceedings, for
2transportation, transmission, product, commodity or service in
3excess of the charges fixed by the rule, regulation, order or
4decision of the Commission, in case said rule, regulation,
5order or decision is sustained. However, no bond shall be
6required in the case of any stay or suspension granted on
7application of the State or people of the State, represented by
8the Attorney General or Public Counsel, or of any city or other
9governmental body. The court in case it stays or suspends the
10rule, regulation, order or decision of the Commission in any
11manner affecting rates or other charges or classifications, may
12in its discretion, also by order direct the public utility
13affected to pay into court, from time to time thereto to be
14impounded until the final decision of the case or into some
15bank or trust company paying interest on deposits, under such
16conditions as the court may prescribe, all sums of money which
17it may collect from any corporation or person in excess of the
18sum such corporation or person would have been compelled to pay
19if the rule, regulation, order or decision of the Commission
20had not been stayed or suspended.
21 (d) When any rate or other charge has been in force for any
22length of time exceeding one year, and that rate or other
23charge is advanced by the public utility and the order of the
24Commission reinstates that such prior rate or other charge, in
25whole or in part, no suspending order shall be allowed in any
26case from the reinstating order pending the final determination

SB3131- 122 -LRB100 19958 SMS 35239 b
1of the case in the reviewing court, pending the final
2determination by such reviewing court.
3(Source: P.A. 84-617.)
4 (220 ILCS 5/13-506.2)
5 (Section scheduled to be repealed on December 31, 2020)
6 Sec. 13-506.2. Market regulation for competitive retail
7services.
8 (a) Definitions. As used in this Section:
9 (1) "Electing Provider" means a telecommunications
10 carrier that is subject to either rate regulation pursuant
11 to Section 13-504 or Section 13-505 or alternative
12 regulation pursuant to Section 13-506.1 and that elects to
13 have the rates, terms, and conditions of its competitive
14 retail telecommunications services solely determined and
15 regulated pursuant to the terms of this Article.
16 (2) "Basic local exchange service" means either a
17 stand-alone residence network access line and per-call
18 usage or, for any geographic area in which such stand-alone
19 service is not offered, a stand-alone flat rate residence
20 network access line for which local calls are not charged
21 for frequency or duration. Extended Area Service shall be
22 included in basic local exchange service.
23 (3) "Existing customer" means a residential customer
24 who was subscribing to one of the optional packages
25 described in subsection (d) of this Section as of the

SB3131- 123 -LRB100 19958 SMS 35239 b
1 effective date of this amendatory Act of the 99th General
2 Assembly. A customer who was subscribing to one of the
3 optional packages on that date but stops subscribing
4 thereafter shall not be considered an "existing customer"
5 as of the date the customer stopped subscribing to the
6 optional package, unless the stoppage is temporary and
7 caused by the customer changing service address locations,
8 or unless the customer resumes subscribing and is eligible
9 to receive discounts on monthly telephone service under the
10 federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
11 (4) "New customer" means a residential customer who was
12 not subscribing to one of the optional packages described
13 in subsection (d) of this Section as of the effective date
14 of this amendatory Act of the 99th General Assembly and who
15 is eligible to receive discounts on monthly telephone
16 service under the federal Lifeline program, 47 C.F.R. Part
17 54, Subpart E.
18 (b) Election for market regulation. Notwithstanding any
19other provision of this Act, an Electing Provider may elect to
20have the rates, terms, and conditions of its competitive retail
21telecommunications services solely determined and regulated
22pursuant to the terms of this Section by filing written notice
23of its election for market regulation with the Commission. The
24notice of election shall designate the geographic area of the
25Electing Provider's service territory where the market
26regulation shall apply, either on a state-wide basis or in one

SB3131- 124 -LRB100 19958 SMS 35239 b
1or more specified Market Service Areas ("MSA") or Exchange
2areas. An Electing Provider shall not make an election for
3market regulation under this Section unless it commits in its
4written notice of election for market regulation to fulfill the
5conditions and requirements in this Section in each geographic
6area in which market regulation is elected. Immediately upon
7filing the notice of election for market regulation, the
8Electing Provider shall be subject to the jurisdiction of the
9Commission to the extent expressly provided in this Section.
10 (c) Competitive classification. Market regulation shall be
11available for competitive retail telecommunications services
12as provided in this subsection.
13 (1) For geographic areas in which telecommunications
14 services provided by the Electing Provider were classified
15 as competitive either through legislative action or a
16 tariff filing pursuant to Section 13-502 prior to January
17 1, 2010, and that are included in the Electing Provider's
18 notice of election pursuant to subsection (b) of this
19 Section, such services, and all recurring and nonrecurring
20 charges associated with, related to or used in connection
21 with such services, shall be classified as competitive
22 without further Commission review. For services classified
23 as competitive pursuant to this subsection, the
24 requirements or conditions in any order or decision
25 rendered by the Commission pursuant to Section 13-502 prior
26 to the effective date of this amendatory Act of the 96th

SB3131- 125 -LRB100 19958 SMS 35239 b
1 General Assembly, except for the commitments made by the
2 Electing Provider in such order or decision concerning the
3 optional packages required in subsection (d) of this
4 Section and basic local exchange service as defined in this
5 Section, shall no longer be in effect and no Commission
6 investigation, review, or proceeding under Section 13-502
7 shall be continued, conducted, or maintained with respect
8 to such services, charges, requirements, or conditions. If
9 an Electing Provider has ceased providing optional
10 packages to customers pursuant to subdivision (d)(8) of
11 this Section, the commitments made by the Electing Provider
12 in such order or decision concerning the optional packages
13 under subsection (d) of this Section shall no longer be in
14 effect and no Commission investigation, review, or
15 proceeding under Section 13-502 shall be continued,
16 conducted, or maintained with respect to such packages.
17 (2) For those geographic areas in which residential
18 local exchange telecommunications services have not been
19 classified as competitive as of the effective date of this
20 amendatory Act of the 96th General Assembly, all
21 telecommunications services provided to residential and
22 business end users by an Electing Provider in the
23 geographic area that is included in its notice of election
24 pursuant to subsection (b) shall be classified as
25 competitive for purposes of this Article without further
26 Commission review.

SB3131- 126 -LRB100 19958 SMS 35239 b
1 (3) If an Electing Provider was previously subject to
2 alternative regulation pursuant to Section 13-506.1 of
3 this Article, the alternative regulation plan shall
4 terminate in whole for all services subject to that plan
5 and be of no force or effect, without further Commission
6 review or action, when the Electing Provider's residential
7 local exchange telecommunications service in each MSA in
8 its telecommunications service area in the State has been
9 classified as competitive pursuant to either subdivision
10 (c)(1) or (c)(2) of this Section.
11 (4) The service packages described in Section 13-518
12 shall be classified as competitive for purposes of this
13 Section if offered by an Electing Provider in a geographic
14 area in which local exchange telecommunications service
15 has been classified as competitive pursuant to either
16 subdivision (c)(1) or (c)(2) of this Section.
17 (5) Where a service, or its functional equivalent, or a
18 substitute service offered by a carrier that is not an
19 Electing Provider or the incumbent local exchange carrier
20 for that area is also being offered by an Electing Provider
21 for some identifiable class or group of customers in an
22 exchange, group of exchanges, or some other clearly defined
23 geographical area, the service offered by a carrier that is
24 not an Electing Provider or the incumbent local exchange
25 carrier for that area shall be classified as competitive
26 without further Commission review.

SB3131- 127 -LRB100 19958 SMS 35239 b
1 (6) Notwithstanding any other provision of this Act,
2 retail telecommunications services classified as
3 competitive pursuant to Section 13-502 or subdivision
4 (c)(5) of this Section shall have their rates, terms, and
5 conditions solely determined and regulated pursuant to the
6 terms of this Section in the same manner and to the same
7 extent as the competitive retail telecommunications
8 services of an Electing Provider, except that subsections
9 (d), (g), and (j) of this Section shall not apply to a
10 carrier that is not an Electing Provider or to the
11 competitive telecommunications services of a carrier that
12 is not an Electing Provider. The access services of a
13 carrier that is not an Electing Provider shall remain
14 subject to Section 13-900.2. The requirements in
15 subdivision (e)(3) of this Section shall not apply to
16 retail telecommunications services classified as
17 competitive pursuant to Section 13-502 or subdivision
18 (c)(5) of this Section, except that, upon request from the
19 Commission, the telecommunications carrier providing
20 competitive retail telecommunications services shall
21 provide a report showing the number of credits and
22 exemptions for the requested time period.
23 (d) Consumer choice safe harbor options.
24 (1) Subject to subdivision (d)(8) of this Section, an
25 Electing Provider in each of the MSA or Exchange areas
26 classified as competitive pursuant to subdivision (c)(1)

SB3131- 128 -LRB100 19958 SMS 35239 b
1 or (c)(2) of this Section shall offer to all residential
2 customers who choose to subscribe the following optional
3 packages of services priced at the same rate levels in
4 effect on January 1, 2010:
5 (A) A basic package, which shall consist of a
6 stand-alone residential network access line and 30
7 local calls. If the Electing Provider offers a
8 stand-alone residential access line and local usage on
9 a per call basis, the price for the basic package shall
10 be the Electing Provider's applicable price in effect
11 on January 1, 2010 for the sum of a residential access
12 line and 30 local calls, additional calls over 30 calls
13 shall be provided at the current per call rate.
14 However, this basic package is not required if
15 stand-alone residential network access lines or
16 per-call local usage are not offered by the Electing
17 Provider in the geographic area on January 1, 2010 or
18 if the Electing Provider has not increased its
19 stand-alone network access line and local usage rates,
20 including Extended Area Service rates, since January
21 1, 2010.
22 (B) An extra package, which shall consist of
23 residential basic local exchange network access line
24 and unlimited local calls. The price for the extra
25 package shall be the Electing Provider's applicable
26 price in effect on January 1, 2010 for a residential

SB3131- 129 -LRB100 19958 SMS 35239 b
1 access line with unlimited local calls.
2 (C) A plus package, which shall consist of
3 residential basic local exchange network access line,
4 unlimited local calls, and the customer's choice of 2
5 vertical services offered by the Electing Provider.
6 The term "vertical services" as used in this
7 subsection, includes, but is not limited to, call
8 waiting, call forwarding, 3-way calling, caller ID,
9 call tracing, automatic callback, repeat dialing, and
10 voicemail. The price for the plus package shall be the
11 Electing Provider's applicable price in effect on
12 January 1, 2010 for the sum of a residential access
13 line with unlimited local calls and 2 times the average
14 price for the vertical features included in the
15 package.
16 (2) Subject to subdivision (d)(8) of this Section, for
17 those geographic areas in which local exchange
18 telecommunications services were classified as competitive
19 on the effective date of this amendatory Act of the 96th
20 General Assembly, an Electing Provider in each such MSA or
21 Exchange area shall be subject to the same terms and
22 conditions as provided in commitments made by the Electing
23 Provider in connection with such previous competitive
24 classifications, which shall apply with equal force under
25 this Section, except as follows: (i) the limits on price
26 increases on the optional packages required by this Section

SB3131- 130 -LRB100 19958 SMS 35239 b
1 shall be extended consistent with subsection (d)(1) of this
2 Section and (ii) the price for the extra package required
3 by subsection (d)(1)(B) shall be reduced by one dollar from
4 the price in effect on January 1, 2010. In addition, if an
5 Electing Provider obtains a competitive classification
6 pursuant to subsection (c)(1) and (c)(2), the price for the
7 optional packages shall be determined in such area in
8 compliance with subsection (d)(1), except the price for the
9 plus package required by subsection (d)(1) (C) shall be the
10 lower of the price for such area or the price of the plus
11 package in effect on January 1, 2010 for areas classified
12 as competitive pursuant to subsection (c)(1).
13 (3) To the extent that the requirements in Section
14 13-518 applied to a telecommunications carrier prior to the
15 effective date of this Section and that telecommunications
16 carrier becomes an Electing Provider in accordance with the
17 provisions of this Section, the requirements in Section
18 13-518 shall cease to apply to that Electing Provider in
19 those geographic areas included in the Electing Provider's
20 notice of election pursuant to subsection (b) of this
21 Section.
22 (4) Subject to subdivision (d)(8) of this Section, an
23 Electing Provider shall make the optional packages
24 required by this subsection and stand-alone residential
25 network access lines and local usage, where offered,
26 readily available to the public by providing information,

SB3131- 131 -LRB100 19958 SMS 35239 b
1 in a clear manner, to residential customers. Information
2 shall be made available on a website, and an Electing
3 Provider shall provide notification to its customers every
4 6 months, provided that notification may consist of a bill
5 page message that provides an objective description of the
6 safe harbor options that includes a telephone number and
7 website address where the customer may obtain additional
8 information about the packages from the Electing Provider.
9 The optional packages shall be offered on a monthly basis
10 with no term of service requirement. An Electing Provider
11 shall allow online electronic ordering of the optional
12 packages and stand-alone residential network access lines
13 and local usage, where offered, on its website in a manner
14 similar to the online electronic ordering of its other
15 residential services.
16 (5) Subject to subdivision (d)(8) of this Section, an
17 Electing Provider shall comply with the Commission's
18 existing rules, regulations, and notices in Title 83, Part
19 735 of the Illinois Administrative Code when offering or
20 providing the optional packages required by this
21 subsection (d) and stand-alone residential network access
22 lines.
23 (6) Subject to subdivision (d)(8) of this Section, an
24 Electing Provider shall provide to the Commission
25 semi-annual subscribership reports as of June 30 and
26 December 31 that contain the number of its customers

SB3131- 132 -LRB100 19958 SMS 35239 b
1 subscribing to each of the consumer choice safe harbor
2 packages required by subsection (d)(1) of this Section and
3 the number of its customers subscribing to retail
4 residential basic local exchange service as defined in
5 subsection (a)(2) of this Section. The first semi-annual
6 reports shall be made on April 1, 2011 for December 31,
7 2010, and on September 1, 2011 for June 30, 2011, and
8 semi-annually on April 1 and September 1 thereafter. Such
9 subscribership information shall be accorded confidential
10 and proprietary treatment upon request by the Electing
11 Provider.
12 (7) The Commission shall have the power, after notice
13 and hearing as provided in this Article, upon complaint or
14 upon its own motion, to take corrective action if the
15 requirements of this Section are not complied with by an
16 Electing Provider.
17 (8) On and after the effective date of this amendatory
18 Act of the 99th General Assembly, an Electing Provider
19 shall continue to offer and provide the optional packages
20 described in this subsection (d) to existing customers and
21 new customers. On and after July 1, 2017, an Electing
22 Provider may immediately stop offering the optional
23 packages described in this subsection (d) and, upon
24 providing two notices to affected customers and to the
25 Commission, may stop providing the optional packages
26 described in this subsection (d) to all customers who

SB3131- 133 -LRB100 19958 SMS 35239 b
1 subscribe to one of the optional packages. The first notice
2 shall be provided at least 90 days before the date upon
3 which the Electing Provider intends to stop providing the
4 optional packages, and the second notice must be provided
5 at least 30 days before that date. The first notice shall
6 not be provided prior to July 1, 2017. Each notice must
7 identify the date on which the Electing Provider intends to
8 stop providing the optional packages, at least one
9 alternative service available to the customer, and a
10 telephone number by which the customer may contact a
11 service representative of the Electing Provider. After
12 July 1, 2017 with respect to new customers, and upon the
13 expiration of the second notice period with respect to
14 customers who were subscribing to one of the optional
15 packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
16 (d)(6), and (d)(7) of this Section shall not apply to the
17 Electing Provider. Notwithstanding any other provision of
18 this Article, an Electing Provider that has ceased
19 providing the optional packages under this subdivision
20 (d)(8) is not subject to Section 13-301(1)(c) of this Act.
21 Notwithstanding any other provision of this Act, and
22 subject to subdivision (d)(7) of this Section, the
23 Commission's authority over the discontinuance of the
24 optional packages described in this subsection (d) by an
25 Electing Provider shall be governed solely by this
26 subsection (d)(8).

SB3131- 134 -LRB100 19958 SMS 35239 b
1 (e) Service quality and customer credits for basic local
2exchange service.
3 (1) An Electing Provider shall meet the following
4 service quality standards in providing basic local
5 exchange service, which for purposes of this subsection
6 (e), includes both basic local exchange service and any
7 consumer choice safe harbor options that may be required by
8 subsection (d) of this Section.
9 (A) Install basic local exchange service within 5
10 business days after receipt of an order from the
11 customer unless the customer requests an installation
12 date that is beyond 5 business days after placing the
13 order for basic service and to inform the customer of
14 the Electing Provider's duty to install service within
15 this timeframe. If installation of service is
16 requested on or by a date more than 5 business days in
17 the future, the Electing Provider shall install
18 service by the date requested.
19 (B) Restore basic local exchange service for the
20 customer within 30 hours after receiving notice that
21 the customer is out of service.
22 (C) Keep all repair and installation appointments
23 for basic local exchange service if a customer premises
24 visit requires a customer to be present. The
25 appointment window shall be either a specific time or,
26 at a maximum, a 4-hour time block during evening,

SB3131- 135 -LRB100 19958 SMS 35239 b
1 weekend, and normal business hours.
2 (D) Inform a customer when a repair or installation
3 appointment requires the customer to be present.
4 (2) Customers shall be credited by the Electing
5 Provider for violations of basic local exchange service
6 quality standards described in subdivision (e)(1) of this
7 Section. The credits shall be applied automatically on the
8 statement issued to the customer for the next monthly
9 billing cycle following the violation or following the
10 discovery of the violation. The next monthly billing cycle
11 following the violation or the discovery of the violation
12 means the billing cycle immediately following the billing
13 cycle in process at the time of the violation or discovery
14 of the violation, provided the total time between the
15 violation or discovery of the violation and the issuance of
16 the credit shall not exceed 60 calendar days. The Electing
17 Provider is responsible for providing the credits and the
18 customer is under no obligation to request such credits.
19 The following credits shall apply:
20 (A) If an Electing Provider fails to repair an
21 out-of-service condition for basic local exchange
22 service within 30 hours, the Electing Provider shall
23 provide a credit to the customer. If the service
24 disruption is for more than 30 hours, but not more than
25 48 hours, the credit must be equal to a pro-rata
26 portion of the monthly recurring charges for all basic

SB3131- 136 -LRB100 19958 SMS 35239 b
1 local exchange services disrupted. If the service
2 disruption is for more than 48 hours, but not more than
3 72 hours, the credit must be equal to at least 33% of
4 one month's recurring charges for all local services
5 disrupted. If the service disruption is for more than
6 72 hours, but not more than 96 hours, the credit must
7 be equal to at least 67% of one month's recurring
8 charges for all basic local exchange services
9 disrupted. If the service disruption is for more than
10 96 hours, but not more than 120 hours, the credit must
11 be equal to one month's recurring charges for all basic
12 local exchange services disrupted. For each day or
13 portion thereof that the service disruption continues
14 beyond the initial 120-hour period, the Electing
15 Provider shall also provide an additional credit of $20
16 per calendar day.
17 (B) If an Electing Provider fails to install basic
18 local exchange service as required under subdivision
19 (e)(1) of this Section, the Electing Provider shall
20 waive 50% of any installation charges, or in the
21 absence of an installation charge or where
22 installation is pursuant to the Link Up program, the
23 Electing Provider shall provide a credit of $25. If an
24 Electing Provider fails to install service within 10
25 business days after the service application is placed,
26 or fails to install service within 5 business days

SB3131- 137 -LRB100 19958 SMS 35239 b
1 after the customer's requested installation date, if
2 the requested date was more than 5 business days after
3 the date of the order, the Electing Provider shall
4 waive 100% of the installation charge, or in the
5 absence of an installation charge or where
6 installation is provided pursuant to the Link Up
7 program, the Electing Provider shall provide a credit
8 of $50. For each day that the failure to install
9 service continues beyond the initial 10 business days,
10 or beyond 5 business days after the customer's
11 requested installation date, if the requested date was
12 more than 5 business days after the date of the order,
13 the Electing Provider shall also provide an additional
14 credit of $20 per calendar day until the basic local
15 exchange service is installed.
16 (C) If an Electing Provider fails to keep a
17 scheduled repair or installation appointment when a
18 customer premises visit requires a customer to be
19 present as required under subdivision (e)(1) of this
20 Section, the Electing Provider shall credit the
21 customer $25 per missed appointment. A credit required
22 by this subdivision does not apply when the Electing
23 Provider provides the customer notice of its inability
24 to keep the appointment no later than 8:00 pm of the
25 day prior to the scheduled date of the appointment.
26 (D) Credits required by this subsection do not

SB3131- 138 -LRB100 19958 SMS 35239 b
1 apply if the violation of a service quality standard:
2 (i) occurs as a result of a negligent or
3 willful act on the part of the customer;
4 (ii) occurs as a result of a malfunction of
5 customer-owned telephone equipment or inside
6 wiring;
7 (iii) occurs as a result of, or is extended by,
8 an emergency situation as defined in 83 Ill. Adm.
9 Code 732.10;
10 (iv) is extended by the Electing Provider's
11 inability to gain access to the customer's
12 premises due to the customer missing an
13 appointment, provided that the violation is not
14 further extended by the Electing Provider;
15 (v) occurs as a result of a customer request to
16 change the scheduled appointment, provided that
17 the violation is not further extended by the
18 Electing Provider;
19 (vi) occurs as a result of an Electing
20 Provider's right to refuse service to a customer as
21 provided in Commission rules; or
22 (vii) occurs as a result of a lack of
23 facilities where a customer requests service at a
24 geographically remote location, where a customer
25 requests service in a geographic area where the
26 Electing Provider is not currently offering

SB3131- 139 -LRB100 19958 SMS 35239 b
1 service, or where there are insufficient
2 facilities to meet the customer's request for
3 service, subject to an Electing Provider's
4 obligation for reasonable facilities planning.
5 (3) Each Electing Provider shall provide to the
6 Commission on a quarterly basis and in a form suitable for
7 posting on the Commission's website in conformance with the
8 rules adopted by the Commission and in effect on April 1,
9 2010, a public report that includes the following data for
10 basic local exchange service quality of service:
11 (A) With regard to credits due in accordance with
12 subdivision (e)(2)(A) as a result of out-of-service
13 conditions lasting more than 30 hours:
14 (i) the total dollar amount of any customer
15 credits paid;
16 (ii) the number of credits issued for repairs
17 between 30 and 48 hours;
18 (iii) the number of credits issued for repairs
19 between 49 and 72 hours;
20 (iv) the number of credits issued for repairs
21 between 73 and 96 hours;
22 (v) the number of credits used for repairs
23 between 97 and 120 hours;
24 (vi) the number of credits issued for repairs
25 greater than 120 hours; and
26 (vii) the number of exemptions claimed for

SB3131- 140 -LRB100 19958 SMS 35239 b
1 each of the categories identified in subdivision
2 (e)(2)(D).
3 (B) With regard to credits due in accordance with
4 subdivision (e)(2)(B) as a result of failure to install
5 basic local exchange service:
6 (i) the total dollar amount of any customer
7 credits paid;
8 (ii) the number of installations after 5
9 business days;
10 (iii) the number of installations after 10
11 business days;
12 (iv) the number of installations after 11
13 business days; and
14 (v) the number of exemptions claimed for each
15 of the categories identified in subdivision
16 (e)(2)(D).
17 (C) With regard to credits due in accordance with
18 subdivision (e)(2)(C) as a result of missed
19 appointments:
20 (i) the total dollar amount of any customer
21 credits paid;
22 (ii) the number of any customers receiving
23 credits; and
24 (iii) the number of exemptions claimed for
25 each of the categories identified in subdivision
26 (e)(2)(D).

SB3131- 141 -LRB100 19958 SMS 35239 b
1 (D) The Electing Provider's annual report required
2 by this subsection shall also include, for
3 informational reporting, the performance data
4 described in subdivisions (e)(2)(A), (e)(2)(B), and
5 (e)(2)(C), and trouble reports per 100 access lines
6 calculated using the Commission's existing applicable
7 rules and regulations for such measures, including the
8 requirements for service standards established in this
9 Section.
10 (4) It is the intent of the General Assembly that the
11 service quality rules and customer credits in this
12 subsection (e) of this Section and other enforcement
13 mechanisms, including fines and penalties authorized by
14 Section 13-305, shall apply on a nondiscriminatory basis to
15 all Electing Providers. Accordingly, notwithstanding any
16 provision of any service quality rules promulgated by the
17 Commission, any alternative regulation plan adopted by the
18 Commission, or any other order of the Commission, any
19 Electing Provider that is subject to any other order of the
20 Commission and that violates or fails to comply with the
21 service quality standards promulgated pursuant to this
22 subsection (e) or any other order of the Commission shall
23 not be subject to any fines, penalties, customer credits,
24 or enforcement mechanisms other than such fines or
25 penalties or customer credits as may be imposed by the
26 Commission in accordance with the provisions of this

SB3131- 142 -LRB100 19958 SMS 35239 b
1 subsection (e) and Section 13-305, which are to be
2 generally applicable to all Electing Providers. The amount
3 of any fines or penalties imposed by the Commission for
4 failure to comply with the requirements of this subsection
5 (e) shall be an appropriate amount, taking into account, at
6 a minimum, the Electing Provider's gross annual intrastate
7 revenue; the frequency, duration, and recurrence of the
8 violation; and the relative harm caused to the affected
9 customers or other users of the network. In imposing fines
10 and penalties, the Commission shall take into account
11 compensation or credits paid by the Electing Provider to
12 its customers pursuant to this subsection (e) in
13 compensation for any violation found pursuant to this
14 subsection (e), and in any event the fine or penalty shall
15 not exceed an amount equal to the maximum amount of a civil
16 penalty that may be imposed under Section 13-305.
17 (5) An Electing Provider in each of the MSA or Exchange
18 areas classified as competitive pursuant to subsection (c)
19 of this Section shall fulfill the requirements in
20 subdivision (e)(3) of this Section for 3 years after its
21 notice of election becomes effective. After such 3 years,
22 the requirements in subdivision (e)(3) of this Section
23 shall not apply to such Electing Provider, except that,
24 upon request from the Commission, the Electing Provider
25 shall provide a report showing the number of credits and
26 exemptions for the requested time period.

SB3131- 143 -LRB100 19958 SMS 35239 b
1 (f) Commission jurisdiction over competitive retail
2telecommunications services. Except as otherwise expressly
3stated in this Section, the Commission shall thereafter have no
4jurisdiction or authority over any aspect of competitive retail
5telecommunications service of an Electing Provider in those
6geographic areas included in the Electing Provider's notice of
7election pursuant to subsection (b) of this Section or of a
8retail telecommunications service classified as competitive
9pursuant to Section 13-502 or subdivision (c)(5) of this
10Section, heretofore subject to the jurisdiction of the
11Commission, including but not limited to, any requirements of
12this Article related to the terms, conditions, rates, quality
13of service, availability, classification or any other aspect of
14any competitive retail telecommunications services. No
15telecommunications carrier shall commit any unfair or
16deceptive act or practice in connection with any aspect of the
17offering or provision of any competitive retail
18telecommunications service. Nothing in this Article shall
19limit or affect any provisions in the Consumer Fraud and
20Deceptive Business Practices Act with respect to any unfair or
21deceptive act or practice by a telecommunications carrier.
22 (g) Commission authority over access services upon
23election for market regulation.
24 (1) As part of its Notice of Election for Market
25 Regulation, the Electing Provider shall reduce its
26 intrastate switched access rates to rates no higher than

SB3131- 144 -LRB100 19958 SMS 35239 b
1 its interstate switched access rates in 4 installments. The
2 first reduction must be made 30 days after submission of
3 its complete application for Notice of Election for Market
4 Regulation, and the Electing Provider must reduce its
5 intrastate switched access rates by an amount equal to 33%
6 of the difference between its current intrastate switched
7 access rates and its current interstate switched access
8 rates. The second reduction must be made no later than one
9 year after the first reduction, and the Electing Provider
10 must reduce its then current intrastate switched access
11 rates by an amount equal to 41% of the difference between
12 its then current intrastate switched access rates and its
13 then current interstate switched access rates. The third
14 reduction must be made no later than one year after the
15 second reduction, and the Electing Provider must reduce its
16 then current intrastate switched access rates by an amount
17 equal to 50% of the difference between its then current
18 intrastate switched access rate and its then current
19 interstate switched access rates. The fourth reduction
20 must be made on or before June 30, 2013, and the Electing
21 Provider must reduce its intrastate switched access rate to
22 mirror its then current interstate switched access rates
23 and rate structure. Following the fourth reduction, each
24 Electing Provider must continue to set its intrastate
25 switched access rates to mirror its interstate switched
26 access rates and rate structure. For purposes of this

SB3131- 145 -LRB100 19958 SMS 35239 b
1 subsection, the rate for intrastate switched access
2 service means the composite, per-minute rate for that
3 service, including all applicable fixed and
4 traffic-sensitive charges, including, but not limited to,
5 carrier common line charges.
6 (2) Nothing in paragraph (1) of this subsection (g)
7 prohibits an Electing Provider from electing to offer
8 intrastate switched access service at rates lower than its
9 interstate switched access rates.
10 (3) The Commission shall have no authority to order an
11 Electing Provider to set its rates for intrastate switched
12 access at a level lower than its interstate switched access
13 rates.
14 (4) The Commission's authority under this subsection
15 (g) shall only apply to Electing Providers under Market
16 Regulation. The Commission's authority over switched
17 access services for all other carriers is retained under
18 Section 13-900.2 of this Act.
19 (h) Safety of service equipment and facilities.
20 (1) An Electing Provider shall furnish, provide, and
21 maintain such service instrumentalities, equipment, and
22 facilities as shall promote the safety, health, comfort,
23 and convenience of its patrons, employees, and public and
24 as shall be in all respects adequate, reliable, and
25 efficient without discrimination or delay. Every Electing
26 Provider shall provide service and facilities that are in

SB3131- 146 -LRB100 19958 SMS 35239 b
1 all respects environmentally safe.
2 (2) The Commission is authorized to conduct an
3 investigation of any Electing Provider or part thereof. The
4 investigation may examine the reasonableness, prudence, or
5 efficiency of any aspect of the Electing Provider's
6 operations or functions that may affect the adequacy,
7 safety, efficiency, or reliability of telecommunications
8 service. The Commission may conduct or order an
9 investigation only when it has reasonable grounds to
10 believe that the investigation is necessary to assure that
11 the Electing Provider is providing adequate, efficient,
12 reliable, and safe service. The Commission shall, before
13 initiating any such investigation, issue an order
14 describing the grounds for the investigation and the
15 appropriate scope and nature of the investigation, which
16 shall be reasonably related to the grounds relied upon by
17 the Commission in its order.
18 (i) (Blank).
19 (j) Application of Article VII. The provisions of Sections
207-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
21applicable to an Electing Provider offering or providing retail
22telecommunications service, and the Commission's regulation
23thereof, except that (1) the approval of contracts and
24arrangements with affiliated interests required by paragraph
25(3) of Section 7-101 shall not apply to such telecommunications
26carriers provided that, except as provided in item (2), those

SB3131- 147 -LRB100 19958 SMS 35239 b
1contracts and arrangements shall be filed with the Commission;
2(2) affiliated interest contracts or arrangements entered into
3by such telecommunications carriers where the increased
4obligation thereunder does not exceed the lesser of $5,000,000
5or 5% of such carrier's prior annual revenue from
6noncompetitive services are not required to be filed with the
7Commission; and (3) any consent and approval of the Commission
8required by Section 7-102 is not required for the sale, lease,
9assignment, or transfer by any Electing Provider of any
10property that is not necessary or useful in the performance of
11its duties to the public.
12 (k) Notwithstanding other provisions of this Section, the
13Commission retains its existing authority to enforce the
14provisions, conditions, and requirements of the following
15Sections of this Article: 13-101, 13-103, 13-201, 13-301,
1613-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
1713-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
1813-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
1913-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
2013-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
2113-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
2213-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
23and equally applicable to Electing Providers and to
24telecommunications carriers providing retail
25telecommunications service classified as competitive pursuant
26to Section 13-502 or subdivision (c)(5) of this Section subject

SB3131- 148 -LRB100 19958 SMS 35239 b
1to the provisions of this Section. On the effective date of
2this amendatory Act of the 98th General Assembly, the following
3Sections of this Article shall cease to apply to Electing
4Providers and to telecommunications carriers providing retail
5telecommunications service classified as competitive pursuant
6to Section 13-502 or subdivision (c)(5) of this Section:
713-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
813-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
913-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
10and 13-712.
11(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
12 (220 ILCS 5/13-515)
13 (Section scheduled to be repealed on December 31, 2020)
14 Sec. 13-515. Enforcement.
15 (a) The following expedited procedures shall be used to
16enforce the provisions of Section 13-514 of this Act, provided
17that, for a violation of paragraph (8) of Section 13-514 to
18qualify for the expedited procedures of this Section, the
19violation must be in a manner that unreasonably delays,
20increases the cost, or impedes the availability of
21telecommunications services to consumers. However, the
22Commission, the complainant, and the respondent may mutually
23agree to adjust the procedures established in this Section.
24 (b) (Blank).
25 (c) No complaint may be filed under this Section until the

SB3131- 149 -LRB100 19958 SMS 35239 b
1complainant has first notified the respondent of the alleged
2violation and offered the respondent 48 hours to correct the
3situation. Provision of notice and the opportunity to correct
4the situation creates a rebuttable presumption of knowledge
5under Section 13-514. After the filing of a complaint under
6this Section, the parties may agree to follow the mediation
7process under Section 10-101.1 of this Act. The time periods
8specified in subdivision (d)(7) of this Section shall be tolled
9during the time spent in mediation under Section 10-101.1.
10 (d) A telecommunications carrier may file a complaint with
11the Commission alleging a violation of Section 13-514 in
12accordance with this subsection:
13 (1) The complaint shall be filed with the Chief Clerk
14 of the Commission and shall be served in hand upon the
15 respondent, the executive director, and the general
16 counsel of the Commission at the time of the filing.
17 (2) A complaint filed under this subsection shall
18 include a statement that the requirements of subsection (c)
19 have been fulfilled and that the respondent did not correct
20 the situation as requested.
21 (3) Reasonable discovery specific to the issue of the
22 complaint may commence upon filing of the complaint.
23 Requests for discovery must be served in hand and responses
24 to discovery must be provided in hand to the requester
25 within 14 days after a request for discovery is made.
26 (4) An answer and any other responsive pleading to the

SB3131- 150 -LRB100 19958 SMS 35239 b
1 complaint shall be filed with the Commission and served in
2 hand at the same time upon the complainant, the executive
3 director, and the general counsel of the Commission within
4 7 days after the date on which the complaint is filed.
5 (5) If the answer or responsive pleading raises the
6 issue that the complaint violates subsection (i) of this
7 Section, the complainant may file a reply to such
8 allegation within 3 days after actual service of such
9 answer or responsive pleading. Within 4 days after the time
10 for filing a reply has expired, the hearing officer or
11 arbitrator shall either issue a written decision
12 dismissing the complaint as frivolous in violation of
13 subsection (i) of this Section including the reasons for
14 such disposition or shall issue an order directing that the
15 complaint shall proceed.
16 (6) A pre-hearing conference shall be held within 14
17 days after the date on which the complaint is filed.
18 (7) The hearing shall commence within 30 days of the
19 date on which the complaint is filed. The hearing may be
20 conducted by an administrative law judge a hearing examiner
21 or by an arbitrator. Parties and the Commission staff shall
22 be entitled to present evidence and legal argument in oral
23 or written form as deemed appropriate by the administrative
24 law judge hearing examiner or arbitrator. The
25 administrative law judge hearing examiner or arbitrator
26 shall issue a written decision within 60 days after the

SB3131- 151 -LRB100 19958 SMS 35239 b
1 date on which the complaint is filed. The decision shall
2 include reasons for the disposition of the complaint and,
3 if a violation of Section 13-514 is found, directions and a
4 deadline for correction of the violation.
5 (8) Any party may file a petition requesting the
6 Commission to review the decision of the administrative law
7 judge hearing examiner or arbitrator within 5 days of such
8 decision. Any party may file a response to a petition for
9 review within 3 business days after actual service of the
10 petition. After the time for filing of the petition for
11 review, but no later than 15 days after the decision of the
12 administrative law judge hearing examiner or arbitrator,
13 the Commission shall decide to adopt the decision of the
14 administrative law judge hearing examiner or arbitrator or
15 shall issue its own final order.
16 (e) If the alleged violation has a substantial adverse
17effect on the ability of the complainant to provide service to
18customers, the complainant may include in its complaint a
19request for an order for emergency relief. The Commission,
20acting through its designated administrative law judge hearing
21examiner or arbitrator, shall act upon such a request within 2
22business days of the filing of the complaint. An order for
23emergency relief may be granted, without an evidentiary
24hearing, upon a verified factual showing that the party seeking
25relief will likely succeed on the merits, that the party will
26suffer irreparable harm in its ability to serve customers if

SB3131- 152 -LRB100 19958 SMS 35239 b
1emergency relief is not granted, and that the order is in the
2public interest. An order for emergency relief shall include a
3finding that the requirements of this subsection have been
4fulfilled and shall specify the directives that must be
5fulfilled by the respondent and deadlines for meeting those
6directives. The decision of the administrative law judge
7hearing examiner or arbitrator to grant or deny emergency
8relief shall be considered an order of the Commission unless
9the Commission enters its own order within 2 calendar days of
10the decision of the administrative law judge hearing examiner
11or arbitrator. The order for emergency relief may require the
12responding party to act or refrain from acting so as to protect
13the provision of competitive service offerings to customers.
14Any action required by an emergency relief order must be
15technically feasible and economically reasonable and the
16respondent must be given a reasonable period of time to comply
17with the order.
18 (f) The Commission is authorized to obtain outside
19resources including, but not limited to, arbitrators and
20consultants for the purposes of the hearings authorized by this
21Section. Any arbitrator or consultant obtained by the
22Commission shall be approved by both parties to the hearing.
23The cost of such outside resources including, but not limited
24to, arbitrators and consultants shall be borne by the parties.
25The Commission shall review the bill for reasonableness and
26assess the parties for reasonable costs dividing the costs

SB3131- 153 -LRB100 19958 SMS 35239 b
1according to the resolution of the complaint brought under this
2Section. Such costs shall be paid by the parties directly to
3the arbitrators, consultants, and other providers of outside
4resources within 60 days after receiving notice of the
5assessments from the Commission. Interest at the statutory rate
6shall accrue after expiration of the 60-day period. The
7Commission, arbitrators, consultants, or other providers of
8outside resources may apply to a court of competent
9jurisdiction for an order requiring payment.
10 (g) The Commission shall assess the parties under this
11subsection for all of the Commission's costs of investigation
12and conduct of the proceedings brought under this Section
13including, but not limited to, the prorated salaries of staff,
14attorneys, administrative law judges hearing examiners, and
15support personnel and including any travel and per diem,
16directly attributable to the complaint brought pursuant to this
17Section, but excluding those costs provided for in subsection
18(f), dividing the costs according to the resolution of the
19complaint brought under this Section. All assessments made
20under this subsection shall be paid into the Public Utility
21Fund within 60 days after receiving notice of the assessments
22from the Commission. Interest at the statutory rate shall
23accrue after the expiration of the 60 day period. The
24Commission is authorized to apply to a court of competent
25jurisdiction for an order requiring payment.
26 (h) If the Commission determines that there is an imminent

SB3131- 154 -LRB100 19958 SMS 35239 b
1threat to competition or to the public interest, the Commission
2may, notwithstanding any other provision of this Act, seek
3temporary, preliminary, or permanent injunctive relief from a
4court of competent jurisdiction either prior to or after the
5hearing.
6 (i) A party shall not bring or defend a proceeding brought
7under this Section or assert or controvert an issue in a
8proceeding brought under this Section, unless there is a
9non-frivolous basis for doing so. By presenting a pleading,
10written motion, or other paper in complaint or defense of the
11actions or inaction of a party under this Section, a party is
12certifying to the Commission that to the best of that party's
13knowledge, information, and belief, formed after a reasonable
14inquiry of the subject matter of the complaint or defense, that
15the complaint or defense is well grounded in law and fact, and
16under the circumstances:
17 (1) it is not being presented to harass the other
18 party, cause unnecessary delay in the provision of
19 competitive telecommunications services to consumers, or
20 create needless increases in the cost of litigation; and
21 (2) the allegations and other factual contentions have
22 evidentiary support or, if specifically so identified, are
23 likely to have evidentiary support after reasonable
24 opportunity for further investigation or discovery as
25 defined herein.
26 (j) If, after notice and a reasonable opportunity to

SB3131- 155 -LRB100 19958 SMS 35239 b
1respond, the Commission determines that subsection (i) has been
2violated, the Commission shall impose appropriate sanctions
3upon the party or parties that have violated subsection (i) or
4are responsible for the violation. The sanctions shall be not
5more than $30,000, plus the amount of expenses accrued by the
6Commission for conducting the hearing. Payment of sanctions
7imposed under this subsection shall be made to the Common
8School Fund within 30 days of imposition of such sanctions.
9 (k) An appeal of a Commission Order made pursuant to this
10Section shall not effectuate a stay of the Order unless a court
11of competent jurisdiction specifically finds that the party
12seeking the stay will likely succeed on the merits, that the
13party will suffer irreparable harm without the stay, and that
14the stay is in the public interest.
15(Source: P.A. 100-20, eff. 7-1-17.)
16 (220 ILCS 5/16-108.5)
17 Sec. 16-108.5. Infrastructure investment and
18modernization; regulatory reform.
19 (a) (Blank).
20 (b) For purposes of this Section, "participating utility"
21means an electric utility or a combination utility serving more
22than 1,000,000 customers in Illinois that voluntarily elects
23and commits to undertake (i) the infrastructure investment
24program consisting of the commitments and obligations
25described in this subsection (b) and (ii) the customer

SB3131- 156 -LRB100 19958 SMS 35239 b
1assistance program consisting of the commitments and
2obligations described in subsection (b-10) of this Section,
3notwithstanding any other provisions of this Act and without
4obtaining any approvals from the Commission or any other agency
5other than as set forth in this Section, regardless of whether
6any such approval would otherwise be required. "Combination
7utility" means a utility that, as of January 1, 2011, provided
8electric service to at least one million retail customers in
9Illinois and gas service to at least 500,000 retail customers
10in Illinois. A participating utility shall recover the
11expenditures made under the infrastructure investment program
12through the ratemaking process, including, but not limited to,
13the performance-based formula rate and process set forth in
14this Section.
15 During the infrastructure investment program's peak
16program year, a participating utility other than a combination
17utility shall create 2,000 full-time equivalent jobs in
18Illinois, and a participating utility that is a combination
19utility shall create 450 full-time equivalent jobs in Illinois
20related to the provision of electric service. These jobs shall
21include direct jobs, contractor positions, and induced jobs,
22but shall not include any portion of a job commitment, not
23specifically contingent on an amendatory Act of the 97th
24General Assembly becoming law, between a participating utility
25and a labor union that existed on December 30, 2011 (the
26effective date of Public Act 97-646) and that has not yet been

SB3131- 157 -LRB100 19958 SMS 35239 b
1fulfilled. A portion of the full-time equivalent jobs created
2by each participating utility shall include incremental
3personnel hired subsequent to December 30, 2011 (the effective
4date of Public Act 97-646). For purposes of this Section, "peak
5program year" means the consecutive 12-month period with the
6highest number of full-time equivalent jobs that occurs between
7the beginning of investment year 2 and the end of investment
8year 4.
9 A participating utility shall meet one of the following
10commitments, as applicable:
11 (1) Beginning no later than 180 days after a
12 participating utility other than a combination utility
13 files a performance-based formula rate tariff pursuant to
14 subsection (c) of this Section, or, beginning no later than
15 January 1, 2012 if such utility files such
16 performance-based formula rate tariff within 14 days of
17 October 26, 2011 (the effective date of Public Act 97-616),
18 the participating utility shall, except as provided in
19 subsection (b-5):
20 (A) over a 5-year period, invest an estimated
21 $1,300,000,000 in electric system upgrades,
22 modernization projects, and training facilities,
23 including, but not limited to:
24 (i) distribution infrastructure improvements
25 totaling an estimated $1,000,000,000, including
26 underground residential distribution cable

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1 injection and replacement and mainline cable
2 system refurbishment and replacement projects;
3 (ii) training facility construction or upgrade
4 projects totaling an estimated $10,000,000,
5 provided that, at a minimum, one such facility
6 shall be located in a municipality having a
7 population of more than 2 million residents and one
8 such facility shall be located in a municipality
9 having a population of more than 150,000 residents
10 but fewer than 170,000 residents; any such new
11 facility located in a municipality having a
12 population of more than 2 million residents must be
13 designed for the purpose of obtaining, and the
14 owner of the facility shall apply for,
15 certification under the United States Green
16 Building Council's Leadership in Energy Efficiency
17 Design Green Building Rating System;
18 (iii) wood pole inspection, treatment, and
19 replacement programs;
20 (iv) an estimated $200,000,000 for reducing
21 the susceptibility of certain circuits to
22 storm-related damage, including, but not limited
23 to, high winds, thunderstorms, and ice storms;
24 improvements may include, but are not limited to,
25 overhead to underground conversion and other
26 engineered outcomes for circuits; the

SB3131- 159 -LRB100 19958 SMS 35239 b
1 participating utility shall prioritize the
2 selection of circuits based on each circuit's
3 historical susceptibility to storm-related damage
4 and the ability to provide the greatest customer
5 benefit upon completion of the improvements; to be
6 eligible for improvement, the participating
7 utility's ability to maintain proper tree
8 clearances surrounding the overhead circuit must
9 not have been impeded by third parties; and
10 (B) over a 10-year period, invest an estimated
11 $1,300,000,000 to upgrade and modernize its
12 transmission and distribution infrastructure and in
13 Smart Grid electric system upgrades, including, but
14 not limited to:
15 (i) additional smart meters;
16 (ii) distribution automation;
17 (iii) associated cyber secure data
18 communication network; and
19 (iv) substation micro-processor relay
20 upgrades.
21 (2) Beginning no later than 180 days after a
22 participating utility that is a combination utility files a
23 performance-based formula rate tariff pursuant to
24 subsection (c) of this Section, or, beginning no later than
25 January 1, 2012 if such utility files such
26 performance-based formula rate tariff within 14 days of

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1 October 26, 2011 (the effective date of Public Act 97-616),
2 the participating utility shall, except as provided in
3 subsection (b-5):
4 (A) over a 10-year period, invest an estimated
5 $265,000,000 in electric system upgrades,
6 modernization projects, and training facilities,
7 including, but not limited to:
8 (i) distribution infrastructure improvements
9 totaling an estimated $245,000,000, which may
10 include bulk supply substations, transformers,
11 reconductoring, and rebuilding overhead
12 distribution and sub-transmission lines,
13 underground residential distribution cable
14 injection and replacement and mainline cable
15 system refurbishment and replacement projects;
16 (ii) training facility construction or upgrade
17 projects totaling an estimated $1,000,000; any
18 such new facility must be designed for the purpose
19 of obtaining, and the owner of the facility shall
20 apply for, certification under the United States
21 Green Building Council's Leadership in Energy
22 Efficiency Design Green Building Rating System;
23 and
24 (iii) wood pole inspection, treatment, and
25 replacement programs; and
26 (B) over a 10-year period, invest an estimated

SB3131- 161 -LRB100 19958 SMS 35239 b
1 $360,000,000 to upgrade and modernize its transmission
2 and distribution infrastructure and in Smart Grid
3 electric system upgrades, including, but not limited
4 to:
5 (i) additional smart meters;
6 (ii) distribution automation;
7 (iii) associated cyber secure data
8 communication network; and
9 (iv) substation micro-processor relay
10 upgrades.
11 For purposes of this Section, "Smart Grid electric system
12upgrades" shall have the meaning set forth in subsection (a) of
13Section 16-108.6 of this Act.
14 The investments in the infrastructure investment program
15described in this subsection (b) shall be incremental to the
16participating utility's annual capital investment program, as
17defined by, for purposes of this subsection (b), the
18participating utility's average capital spend for calendar
19years 2008, 2009, and 2010 as reported in the applicable
20Federal Energy Regulatory Commission (FERC) Form 1; provided
21that where one or more utilities have merged, the average
22capital spend shall be determined using the aggregate of the
23merged utilities' capital spend reported in FERC Form 1 for the
24years 2008, 2009, and 2010. A participating utility may add
25reasonable construction ramp-up and ramp-down time to the
26investment periods specified in this subsection (b). For each

SB3131- 162 -LRB100 19958 SMS 35239 b
1such investment period, the ramp-up and ramp-down time shall
2not exceed a total of 6 months.
3 Within 60 days after filing a tariff under subsection (c)
4of this Section, a participating utility shall submit to the
5Commission its plan, including scope, schedule, and staffing,
6for satisfying its infrastructure investment program
7commitments pursuant to this subsection (b). The submitted plan
8shall include a schedule and staffing plan for the next
9calendar year. The plan shall also include a plan for the
10creation, operation, and administration of a Smart Grid test
11bed as described in subsection (c) of Section 16-108.8. The
12plan need not allocate the work equally over the respective
13periods, but should allocate material increments throughout
14such periods commensurate with the work to be undertaken. No
15later than April 1 of each subsequent year, the utility shall
16submit to the Commission a report that includes any updates to
17the plan, a schedule for the next calendar year, the
18expenditures made for the prior calendar year and cumulatively,
19and the number of full-time equivalent jobs created for the
20prior calendar year and cumulatively. If the utility is
21materially deficient in satisfying a schedule or staffing plan,
22then the report must also include a corrective action plan to
23address the deficiency. The fact that the plan, implementation
24of the plan, or a schedule changes shall not imply the
25imprudence or unreasonableness of the infrastructure
26investment program, plan, or schedule. Further, no later than

SB3131- 163 -LRB100 19958 SMS 35239 b
145 days following the last day of the first, second, and third
2quarters of each year of the plan, a participating utility
3shall submit to the Commission a verified quarterly report for
4the prior quarter that includes (i) the total number of
5full-time equivalent jobs created during the prior quarter,
6(ii) the total number of employees as of the last day of the
7prior quarter, (iii) the total number of full-time equivalent
8hours in each job classification or job title, (iv) the total
9number of incremental employees and contractors in support of
10the investments undertaken pursuant to this subsection (b) for
11the prior quarter, and (v) any other information that the
12Commission may require by rule.
13 With respect to the participating utility's peak job
14commitment, if, after considering the utility's corrective
15action plan and compliance thereunder, the Commission enters an
16order finding, after notice and hearing, that a participating
17utility did not satisfy its peak job commitment described in
18this subsection (b) for reasons that are reasonably within its
19control, then the Commission shall also determine, after
20consideration of the evidence, including, but not limited to,
21evidence submitted by the Department of Commerce and Economic
22Opportunity and the utility, the deficiency in the number of
23full-time equivalent jobs during the peak program year due to
24such failure. The Commission shall notify the Department of any
25proceeding that is initiated pursuant to this paragraph. For
26each full-time equivalent job deficiency during the peak

SB3131- 164 -LRB100 19958 SMS 35239 b
1program year that the Commission finds as set forth in this
2paragraph, the participating utility shall, within 30 days
3after the entry of the Commission's order, pay $6,000 to a fund
4for training grants administered under Section 605-800 of the
5Department of Commerce and Economic Opportunity Law, which
6shall not be a recoverable expense.
7 With respect to the participating utility's investment
8amount commitments, if, after considering the utility's
9corrective action plan and compliance thereunder, the
10Commission enters an order finding, after notice and hearing,
11that a participating utility is not satisfying its investment
12amount commitments described in this subsection (b), then the
13utility shall no longer be eligible to annually update the
14performance-based formula rate tariff pursuant to subsection
15(d) of this Section. In such event, the then current rates
16shall remain in effect until such time as new rates are set
17pursuant to Article IX of this Act, subject to retroactive
18adjustment, with interest, to reconcile rates charged with
19actual costs.
20 If the Commission finds that a participating utility is no
21longer eligible to update the performance-based formula rate
22tariff pursuant to subsection (d) of this Section, or the
23performance-based formula rate is otherwise terminated, then
24the participating utility's voluntary commitments and
25obligations under this subsection (b) shall immediately
26terminate, except for the utility's obligation to pay an amount

SB3131- 165 -LRB100 19958 SMS 35239 b
1already owed to the fund for training grants pursuant to a
2Commission order.
3 In meeting the obligations of this subsection (b), to the
4extent feasible and consistent with State and federal law, the
5investments under the infrastructure investment program should
6provide employment opportunities for all segments of the
7population and workforce, including minority-owned and
8female-owned business enterprises, and shall not, consistent
9with State and federal law, discriminate based on race or
10socioeconomic status.
11 (b-5) Nothing in this Section shall prohibit the Commission
12from investigating the prudence and reasonableness of the
13expenditures made under the infrastructure investment program
14during the annual review required by subsection (d) of this
15Section and shall, as part of such investigation, determine
16whether the utility's actual costs under the program are
17prudent and reasonable. The fact that a participating utility
18invests more than the minimum amounts specified in subsection
19(b) of this Section or its plan shall not imply imprudence or
20unreasonableness.
21 If the participating utility finds that it is implementing
22its plan for satisfying the infrastructure investment program
23commitments described in subsection (b) of this Section at a
24cost below the estimated amounts specified in subsection (b) of
25this Section, then the utility may file a petition with the
26Commission requesting that it be permitted to satisfy its

SB3131- 166 -LRB100 19958 SMS 35239 b
1commitments by spending less than the estimated amounts
2specified in subsection (b) of this Section. The Commission
3shall, after notice and hearing, enter its order approving, or
4approving as modified, or denying each such petition within 150
5days after the filing of the petition.
6 In no event, absent General Assembly approval, shall the
7capital investment costs incurred by a participating utility
8other than a combination utility in satisfying its
9infrastructure investment program commitments described in
10subsection (b) of this Section exceed $3,000,000,000 or, for a
11participating utility that is a combination utility,
12$720,000,000. If the participating utility's updated cost
13estimates for satisfying its infrastructure investment program
14commitments described in subsection (b) of this Section exceed
15the limitation imposed by this subsection (b-5), then it shall
16submit a report to the Commission that identifies the increased
17costs and explains the reason or reasons for the increased
18costs no later than the year in which the utility estimates it
19will exceed the limitation. The Commission shall review the
20report and shall, within 90 days after the participating
21utility files the report, report to the General Assembly its
22findings regarding the participating utility's report. If the
23General Assembly does not amend the limitation imposed by this
24subsection (b-5), then the utility may modify its plan so as
25not to exceed the limitation imposed by this subsection (b-5)
26and may propose corresponding changes to the metrics

SB3131- 167 -LRB100 19958 SMS 35239 b
1established pursuant to subparagraphs (5) through (8) of
2subsection (f) of this Section, and the Commission may modify
3the metrics and incremental savings goals established pursuant
4to subsection (f) of this Section accordingly.
5 (b-10) All participating utilities shall make
6contributions for an energy low-income and support program in
7accordance with this subsection. Beginning no later than 180
8days after a participating utility files a performance-based
9formula rate tariff pursuant to subsection (c) of this Section,
10or beginning no later than January 1, 2012 if such utility
11files such performance-based formula rate tariff within 14 days
12of December 30, 2011 (the effective date of Public Act 97-646),
13and without obtaining any approvals from the Commission or any
14other agency other than as set forth in this Section,
15regardless of whether any such approval would otherwise be
16required, a participating utility other than a combination
17utility shall pay $10,000,000 per year for 5 years and a
18participating utility that is a combination utility shall pay
19$1,000,000 per year for 10 years to the energy low-income and
20support program, which is intended to fund customer assistance
21programs with the primary purpose being avoidance of imminent
22disconnection. Such programs may include:
23 (1) a residential hardship program that may partner
24 with community-based organizations, including senior
25 citizen organizations, and provides grants to low-income
26 residential customers, including low-income senior

SB3131- 168 -LRB100 19958 SMS 35239 b
1 citizens, who demonstrate a hardship;
2 (2) a program that provides grants and other bill
3 payment concessions to veterans with disabilities who
4 demonstrate a hardship and members of the armed services or
5 reserve forces of the United States or members of the
6 Illinois National Guard who are on active duty pursuant to
7 an executive order of the President of the United States,
8 an act of the Congress of the United States, or an order of
9 the Governor and who demonstrate a hardship;
10 (3) a budget assistance program that provides tools and
11 education to low-income senior citizens to assist them with
12 obtaining information regarding energy usage and effective
13 means of managing energy costs;
14 (4) a non-residential special hardship program that
15 provides grants to non-residential customers such as small
16 businesses and non-profit organizations that demonstrate a
17 hardship, including those providing services to senior
18 citizen and low-income customers; and
19 (5) a performance-based assistance program that
20 provides grants to encourage residential customers to make
21 on-time payments by matching a portion of the customer's
22 payments or providing credits towards arrearages.
23 The payments made by a participating utility pursuant to
24this subsection (b-10) shall not be a recoverable expense. A
25participating utility may elect to fund either new or existing
26customer assistance programs, including, but not limited to,

SB3131- 169 -LRB100 19958 SMS 35239 b
1those that are administered by the utility.
2 Programs that use funds that are provided by a
3participating utility to reduce utility bills may be
4implemented through tariffs that are filed with and reviewed by
5the Commission. If a utility elects to file tariffs with the
6Commission to implement all or a portion of the programs, those
7tariffs shall, regardless of the date actually filed, be deemed
8accepted and approved, and shall become effective on December
930, 2011 (the effective date of Public Act 97-646). The
10participating utilities whose customers benefit from the funds
11that are disbursed as contemplated in this Section shall file
12annual reports documenting the disbursement of those funds with
13the Commission. The Commission has the authority to audit
14disbursement of the funds to ensure they were disbursed
15consistently with this Section.
16 If the Commission finds that a participating utility is no
17longer eligible to update the performance-based formula rate
18tariff pursuant to subsection (d) of this Section, or the
19performance-based formula rate is otherwise terminated, then
20the participating utility's voluntary commitments and
21obligations under this subsection (b-10) shall immediately
22terminate.
23 (c) A participating utility may elect to recover its
24delivery services costs through a performance-based formula
25rate approved by the Commission, which shall specify the cost
26components that form the basis of the rate charged to customers

SB3131- 170 -LRB100 19958 SMS 35239 b
1with sufficient specificity to operate in a standardized manner
2and be updated annually with transparent information that
3reflects the utility's actual costs to be recovered during the
4applicable rate year, which is the period beginning with the
5first billing day of January and extending through the last
6billing day of the following December. In the event the utility
7recovers a portion of its costs through automatic adjustment
8clause tariffs on October 26, 2011 (the effective date of
9Public Act 97-616), the utility may elect to continue to
10recover these costs through such tariffs, but then these costs
11shall not be recovered through the performance-based formula
12rate. In the event the participating utility, prior to December
1330, 2011 (the effective date of Public Act 97-646), filed
14electric delivery services tariffs with the Commission
15pursuant to Section 9-201 of this Act that are related to the
16recovery of its electric delivery services costs that are still
17pending on December 30, 2011 (the effective date of Public Act
1897-646), the participating utility shall, at the time it files
19its performance-based formula rate tariff with the Commission,
20also file a notice of withdrawal with the Commission to
21withdraw the electric delivery services tariffs previously
22filed pursuant to Section 9-201 of this Act. Upon receipt of
23such notice, the Commission shall dismiss with prejudice any
24docket that had been initiated to investigate the electric
25delivery services tariffs filed pursuant to Section 9-201 of
26this Act, and such tariffs and the record related thereto shall

SB3131- 171 -LRB100 19958 SMS 35239 b
1not be the subject of any further hearing, investigation, or
2proceeding of any kind related to rates for electric delivery
3services.
4 The performance-based formula rate shall be implemented
5through a tariff filed with the Commission consistent with the
6provisions of this subsection (c) that shall be applicable to
7all delivery services customers. The Commission shall initiate
8and conduct an investigation of the tariff in a manner
9consistent with the provisions of this subsection (c) and the
10provisions of Article IX of this Act to the extent they do not
11conflict with this subsection (c). Except in the case where the
12Commission finds, after notice and hearing, that a
13participating utility is not satisfying its investment amount
14commitments under subsection (b) of this Section, the
15performance-based formula rate shall remain in effect at the
16discretion of the utility. The performance-based formula rate
17approved by the Commission shall do the following:
18 (1) Provide for the recovery of the utility's actual
19 costs of delivery services that are prudently incurred and
20 reasonable in amount consistent with Commission practice
21 and law. The sole fact that a cost differs from that
22 incurred in a prior calendar year or that an investment is
23 different from that made in a prior calendar year shall not
24 imply the imprudence or unreasonableness of that cost or
25 investment.
26 (2) Reflect the utility's actual year-end capital

SB3131- 172 -LRB100 19958 SMS 35239 b
1 structure for the applicable calendar year, excluding
2 goodwill, subject to a determination of prudence and
3 reasonableness consistent with Commission practice and
4 law. To enable the financing of the incremental capital
5 expenditures, including regulatory assets, for electric
6 utilities that serve less than 3,000,000 retail customers
7 but more than 500,000 retail customers in the State, a
8 participating electric utility's actual year-end capital
9 structure that includes a common equity ratio, excluding
10 goodwill, of up to and including 50% of the total capital
11 structure shall be deemed reasonable and used to set rates.
12 (3) Include a cost of equity, which shall be calculated
13 as the sum of the following:
14 (A) the average for the applicable calendar year of
15 the monthly average yields of 30-year U.S. Treasury
16 bonds published by the Board of Governors of the
17 Federal Reserve System in its weekly H.15 Statistical
18 Release or successor publication; and
19 (B) 580 basis points.
20 At such time as the Board of Governors of the Federal
21 Reserve System ceases to include the monthly average yields
22 of 30-year U.S. Treasury bonds in its weekly H.15
23 Statistical Release or successor publication, the monthly
24 average yields of the U.S. Treasury bonds then having the
25 longest duration published by the Board of Governors in its
26 weekly H.15 Statistical Release or successor publication

SB3131- 173 -LRB100 19958 SMS 35239 b
1 shall instead be used for purposes of this paragraph (3).
2 (4) Permit and set forth protocols, subject to a
3 determination of prudence and reasonableness consistent
4 with Commission practice and law, for the following:
5 (A) recovery of incentive compensation expense
6 that is based on the achievement of operational
7 metrics, including metrics related to budget controls,
8 outage duration and frequency, safety, customer
9 service, efficiency and productivity, and
10 environmental compliance. Incentive compensation
11 expense that is based on net income or an affiliate's
12 earnings per share shall not be recoverable under the
13 performance-based formula rate;
14 (B) recovery of pension and other post-employment
15 benefits expense, provided that such costs are
16 supported by an actuarial study;
17 (C) recovery of severance costs, provided that if
18 the amount is over $3,700,000 for a participating
19 utility that is a combination utility or $10,000,000
20 for a participating utility that serves more than 3
21 million retail customers, then the full amount shall be
22 amortized consistent with subparagraph (F) of this
23 paragraph (4);
24 (D) investment return at a rate equal to the
25 utility's weighted average cost of long-term debt, on
26 the pension assets as, and in the amount, reported in

SB3131- 174 -LRB100 19958 SMS 35239 b
1 Account 186 (or in such other Account or Accounts as
2 such asset may subsequently be recorded) of the
3 utility's most recently filed FERC Form 1, net of
4 deferred tax benefits;
5 (E) recovery of the expenses related to the
6 Commission proceeding under this subsection (c) to
7 approve this performance-based formula rate and
8 initial rates or to subsequent proceedings related to
9 the formula, provided that the recovery shall be
10 amortized over a 3-year period; recovery of expenses
11 related to the annual Commission proceedings under
12 subsection (d) of this Section to review the inputs to
13 the performance-based formula rate shall be expensed
14 and recovered through the performance-based formula
15 rate;
16 (F) amortization over a 5-year period of the full
17 amount of each charge or credit that exceeds $3,700,000
18 for a participating utility that is a combination
19 utility or $10,000,000 for a participating utility
20 that serves more than 3 million retail customers in the
21 applicable calendar year and that relates to a
22 workforce reduction program's severance costs, changes
23 in accounting rules, changes in law, compliance with
24 any Commission-initiated audit, or a single storm or
25 other similar expense, provided that any unamortized
26 balance shall be reflected in rate base. For purposes

SB3131- 175 -LRB100 19958 SMS 35239 b
1 of this subparagraph (F), changes in law includes any
2 enactment, repeal, or amendment in a law, ordinance,
3 rule, regulation, interpretation, permit, license,
4 consent, or order, including those relating to taxes,
5 accounting, or to environmental matters, or in the
6 interpretation or application thereof by any
7 governmental authority occurring after October 26,
8 2011 (the effective date of Public Act 97-616);
9 (G) recovery of existing regulatory assets over
10 the periods previously authorized by the Commission;
11 (H) historical weather normalized billing
12 determinants; and
13 (I) allocation methods for common costs.
14 (5) Provide that if the participating utility's earned
15 rate of return on common equity related to the provision of
16 delivery services for the prior rate year (calculated using
17 costs and capital structure approved by the Commission as
18 provided in subparagraph (2) of this subsection (c),
19 consistent with this Section, in accordance with
20 Commission rules and orders, including, but not limited to,
21 adjustments for goodwill, and after any Commission-ordered
22 disallowances and taxes) is more than 50 basis points
23 higher than the rate of return on common equity calculated
24 pursuant to paragraph (3) of this subsection (c) (after
25 adjusting for any penalties to the rate of return on common
26 equity applied pursuant to the performance metrics

SB3131- 176 -LRB100 19958 SMS 35239 b
1 provision of subsection (f) of this Section), then the
2 participating utility shall apply a credit through the
3 performance-based formula rate that reflects an amount
4 equal to the value of that portion of the earned rate of
5 return on common equity that is more than 50 basis points
6 higher than the rate of return on common equity calculated
7 pursuant to paragraph (3) of this subsection (c) (after
8 adjusting for any penalties to the rate of return on common
9 equity applied pursuant to the performance metrics
10 provision of subsection (f) of this Section) for the prior
11 rate year, adjusted for taxes. If the participating
12 utility's earned rate of return on common equity related to
13 the provision of delivery services for the prior rate year
14 (calculated using costs and capital structure approved by
15 the Commission as provided in subparagraph (2) of this
16 subsection (c), consistent with this Section, in
17 accordance with Commission rules and orders, including,
18 but not limited to, adjustments for goodwill, and after any
19 Commission-ordered disallowances and taxes) is more than
20 50 basis points less than the return on common equity
21 calculated pursuant to paragraph (3) of this subsection (c)
22 (after adjusting for any penalties to the rate of return on
23 common equity applied pursuant to the performance metrics
24 provision of subsection (f) of this Section), then the
25 participating utility shall apply a charge through the
26 performance-based formula rate that reflects an amount

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1 equal to the value of that portion of the earned rate of
2 return on common equity that is more than 50 basis points
3 less than the rate of return on common equity calculated
4 pursuant to paragraph (3) of this subsection (c) (after
5 adjusting for any penalties to the rate of return on common
6 equity applied pursuant to the performance metrics
7 provision of subsection (f) of this Section) for the prior
8 rate year, adjusted for taxes.
9 (6) Provide for an annual reconciliation, as described
10 in subsection (d) of this Section, with interest, of the
11 revenue requirement reflected in rates for each calendar
12 year, beginning with the calendar year in which the utility
13 files its performance-based formula rate tariff pursuant
14 to subsection (c) of this Section, with what the revenue
15 requirement would have been had the actual cost information
16 for the applicable calendar year been available at the
17 filing date.
18 The utility shall file, together with its tariff, final
19data based on its most recently filed FERC Form 1, plus
20projected plant additions and correspondingly updated
21depreciation reserve and expense for the calendar year in which
22the tariff and data are filed, that shall populate the
23performance-based formula rate and set the initial delivery
24services rates under the formula. For purposes of this Section,
25"FERC Form 1" means the Annual Report of Major Electric
26Utilities, Licensees and Others that electric utilities are

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1required to file with the Federal Energy Regulatory Commission
2under the Federal Power Act, Sections 3, 4(a), 304 and 209,
3modified as necessary to be consistent with 83 Ill. Admin. Code
4Part 415 as of May 1, 2011. Nothing in this Section is intended
5to allow costs that are not otherwise recoverable to be
6recoverable by virtue of inclusion in FERC Form 1.
7 After the utility files its proposed performance-based
8formula rate structure and protocols and initial rates, the
9Commission shall initiate a docket to review the filing. The
10Commission shall enter an order approving, or approving as
11modified, the performance-based formula rate, including the
12initial rates, as just and reasonable within 270 days after the
13date on which the tariff was filed, or, if the tariff is filed
14within 14 days after October 26, 2011 (the effective date of
15Public Act 97-616), then by May 31, 2012. Such review shall be
16based on the same evidentiary standards, including, but not
17limited to, those concerning the prudence and reasonableness of
18the costs incurred by the utility, the Commission applies in a
19hearing to review a filing for a general increase in rates
20under Article IX of this Act. The initial rates shall take
21effect within 30 days after the Commission's order approving
22the performance-based formula rate tariff.
23 Until such time as the Commission approves a different rate
24design and cost allocation pursuant to subsection (e) of this
25Section, rate design and cost allocation across customer
26classes shall be consistent with the Commission's most recent

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1order regarding the participating utility's request for a
2general increase in its delivery services rates.
3 Subsequent changes to the performance-based formula rate
4structure or protocols shall be made as set forth in Section
59-201 of this Act, but nothing in this subsection (c) is
6intended to limit the Commission's authority under Article IX
7and other provisions of this Act to initiate an investigation
8of a participating utility's performance-based formula rate
9tariff, provided that any such changes shall be consistent with
10paragraphs (1) through (6) of this subsection (c). Any change
11ordered by the Commission shall be made at the same time new
12rates take effect following the Commission's next order
13pursuant to subsection (d) of this Section, provided that the
14new rates take effect no less than 30 days after the date on
15which the Commission issues an order adopting the change.
16 A participating utility that files a tariff pursuant to
17this subsection (c) must submit a one-time $200,000 filing fee
18at the time the Chief Clerk of the Commission accepts the
19filing, which shall be a recoverable expense.
20 In the event the performance-based formula rate is
21terminated, the then current rates shall remain in effect until
22such time as new rates are set pursuant to Article IX of this
23Act, subject to retroactive rate adjustment, with interest, to
24reconcile rates charged with actual costs. At such time that
25the performance-based formula rate is terminated, the
26participating utility's voluntary commitments and obligations

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1under subsection (b) of this Section shall immediately
2terminate, except for the utility's obligation to pay an amount
3already owed to the fund for training grants pursuant to a
4Commission order issued under subsection (b) of this Section.
5 (d) Subsequent to the Commission's issuance of an order
6approving the utility's performance-based formula rate
7structure and protocols, and initial rates under subsection (c)
8of this Section, the utility shall file, on or before May 1 of
9each year, with the Chief Clerk of the Commission its updated
10cost inputs to the performance-based formula rate for the
11applicable rate year and the corresponding new charges. Each
12such filing shall conform to the following requirements and
13include the following information:
14 (1) The inputs to the performance-based formula rate
15 for the applicable rate year shall be based on final
16 historical data reflected in the utility's most recently
17 filed annual FERC Form 1 plus projected plant additions and
18 correspondingly updated depreciation reserve and expense
19 for the calendar year in which the inputs are filed. The
20 filing shall also include a reconciliation of the revenue
21 requirement that was in effect for the prior rate year (as
22 set by the cost inputs for the prior rate year) with the
23 actual revenue requirement for the prior rate year
24 (determined using a year-end rate base) that uses amounts
25 reflected in the applicable FERC Form 1 that reports the
26 actual costs for the prior rate year. Any over-collection

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1 or under-collection indicated by such reconciliation shall
2 be reflected as a credit against, or recovered as an
3 additional charge to, respectively, with interest
4 calculated at a rate equal to the utility's weighted
5 average cost of capital approved by the Commission for the
6 prior rate year, the charges for the applicable rate year.
7 Provided, however, that the first such reconciliation
8 shall be for the calendar year in which the utility files
9 its performance-based formula rate tariff pursuant to
10 subsection (c) of this Section and shall reconcile (i) the
11 revenue requirement or requirements established by the
12 rate order or orders in effect from time to time during
13 such calendar year (weighted, as applicable) with (ii) the
14 revenue requirement determined using a year-end rate base
15 for that calendar year calculated pursuant to the
16 performance-based formula rate using (A) actual costs for
17 that year as reflected in the applicable FERC Form 1, and
18 (B) for the first such reconciliation only, the cost of
19 equity, which shall be calculated as the sum of 590 basis
20 points plus the average for the applicable calendar year of
21 the monthly average yields of 30-year U.S. Treasury bonds
22 published by the Board of Governors of the Federal Reserve
23 System in its weekly H.15 Statistical Release or successor
24 publication. The first such reconciliation is not intended
25 to provide for the recovery of costs previously excluded
26 from rates based on a prior Commission order finding of

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1 imprudence or unreasonableness. Each reconciliation shall
2 be certified by the participating utility in the same
3 manner that FERC Form 1 is certified. The filing shall also
4 include the charge or credit, if any, resulting from the
5 calculation required by paragraph (6) of subsection (c) of
6 this Section.
7 Notwithstanding anything that may be to the contrary,
8 the intent of the reconciliation is to ultimately reconcile
9 the revenue requirement reflected in rates for each
10 calendar year, beginning with the calendar year in which
11 the utility files its performance-based formula rate
12 tariff pursuant to subsection (c) of this Section, with
13 what the revenue requirement determined using a year-end
14 rate base for the applicable calendar year would have been
15 had the actual cost information for the applicable calendar
16 year been available at the filing date.
17 (2) The new charges shall take effect beginning on the
18 first billing day of the following January billing period
19 and remain in effect through the last billing day of the
20 next December billing period regardless of whether the
21 Commission enters upon a hearing pursuant to this
22 subsection (d).
23 (3) The filing shall include relevant and necessary
24 data and documentation for the applicable rate year that is
25 consistent with the Commission's rules applicable to a
26 filing for a general increase in rates or any rules adopted

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1 by the Commission to implement this Section. Normalization
2 adjustments shall not be required. Notwithstanding any
3 other provision of this Section or Act or any rule or other
4 requirement adopted by the Commission, a participating
5 utility that is a combination utility with more than one
6 rate zone shall not be required to file a separate set of
7 such data and documentation for each rate zone and may
8 combine such data and documentation into a single set of
9 schedules.
10 Within 45 days after the utility files its annual update of
11cost inputs to the performance-based formula rate, the
12Commission shall have the authority, either upon complaint or
13its own initiative, but with reasonable notice, to enter upon a
14hearing concerning the prudence and reasonableness of the costs
15incurred by the utility to be recovered during the applicable
16rate year that are reflected in the inputs to the
17performance-based formula rate derived from the utility's FERC
18Form 1. During the course of the hearing, each objection shall
19be stated with particularity and evidence provided in support
20thereof, after which the utility shall have the opportunity to
21rebut the evidence. Discovery shall be allowed consistent with
22the Commission's Rules of Practice, which Rules shall be
23enforced by the Commission or the assigned administrative law
24judge hearing examiner. The Commission shall apply the same
25evidentiary standards, including, but not limited to, those
26concerning the prudence and reasonableness of the costs

SB3131- 184 -LRB100 19958 SMS 35239 b
1incurred by the utility, in the hearing as it would apply in a
2hearing to review a filing for a general increase in rates
3under Article IX of this Act. The Commission shall not,
4however, have the authority in a proceeding under this
5subsection (d) to consider or order any changes to the
6structure or protocols of the performance-based formula rate
7approved pursuant to subsection (c) of this Section. In a
8proceeding under this subsection (d), the Commission shall
9enter its order no later than the earlier of 240 days after the
10utility's filing of its annual update of cost inputs to the
11performance-based formula rate or December 31. The
12Commission's determinations of the prudence and reasonableness
13of the costs incurred for the applicable calendar year shall be
14final upon entry of the Commission's order and shall not be
15subject to reopening, reexamination, or collateral attack in
16any other Commission proceeding, case, docket, order, rule or
17regulation, provided, however, that nothing in this subsection
18(d) shall prohibit a party from petitioning the Commission to
19rehear or appeal to the courts the order pursuant to the
20provisions of this Act.
21 In the event the Commission does not, either upon complaint
22or its own initiative, enter upon a hearing within 45 days
23after the utility files the annual update of cost inputs to its
24performance-based formula rate, then the costs incurred for the
25applicable calendar year shall be deemed prudent and
26reasonable, and the filed charges shall not be subject to

SB3131- 185 -LRB100 19958 SMS 35239 b
1reopening, reexamination, or collateral attack in any other
2proceeding, case, docket, order, rule, or regulation.
3 A participating utility's first filing of the updated cost
4inputs, and any Commission investigation of such inputs
5pursuant to this subsection (d) shall proceed notwithstanding
6the fact that the Commission's investigation under subsection
7(c) of this Section is still pending and notwithstanding any
8other law, order, rule, or Commission practice to the contrary.
9 (e) Nothing in subsections (c) or (d) of this Section shall
10prohibit the Commission from investigating, or a participating
11utility from filing, revenue-neutral tariff changes related to
12rate design of a performance-based formula rate that has been
13placed into effect for the utility. Following approval of a
14participating utility's performance-based formula rate tariff
15pursuant to subsection (c) of this Section, the utility shall
16make a filing with the Commission within one year after the
17effective date of the performance-based formula rate tariff
18that proposes changes to the tariff to incorporate the findings
19of any final rate design orders of the Commission applicable to
20the participating utility and entered subsequent to the
21Commission's approval of the tariff. The Commission shall,
22after notice and hearing, enter its order approving, or
23approving with modification, the proposed changes to the
24performance-based formula rate tariff within 240 days after the
25utility's filing. Following such approval, the utility shall
26make a filing with the Commission during each subsequent 3-year

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1period that either proposes revenue-neutral tariff changes or
2re-files the existing tariffs without change, which shall
3present the Commission with an opportunity to suspend the
4tariffs and consider revenue-neutral tariff changes related to
5rate design.
6 (f) Within 30 days after the filing of a tariff pursuant to
7subsection (c) of this Section, each participating utility
8shall develop and file with the Commission multi-year metrics
9designed to achieve, ratably (i.e., in equal segments) over a
1010-year period, improvement over baseline performance values
11as follows:
12 (1) Twenty percent improvement in the System Average
13 Interruption Frequency Index, using a baseline of the
14 average of the data from 2001 through 2010.
15 (2) Fifteen percent improvement in the system Customer
16 Average Interruption Duration Index, using a baseline of
17 the average of the data from 2001 through 2010.
18 (3) For a participating utility other than a
19 combination utility, 20% improvement in the System Average
20 Interruption Frequency Index for its Southern Region,
21 using a baseline of the average of the data from 2001
22 through 2010. For purposes of this paragraph (3), Southern
23 Region shall have the meaning set forth in the
24 participating utility's most recent report filed pursuant
25 to Section 16-125 of this Act.
26 (3.5) For a participating utility other than a

SB3131- 187 -LRB100 19958 SMS 35239 b
1 combination utility, 20% improvement in the System Average
2 Interruption Frequency Index for its Northeastern Region,
3 using a baseline of the average of the data from 2001
4 through 2010. For purposes of this paragraph (3.5),
5 Northeastern Region shall have the meaning set forth in the
6 participating utility's most recent report filed pursuant
7 to Section 16-125 of this Act.
8 (4) Seventy-five percent improvement in the total
9 number of customers who exceed the service reliability
10 targets as set forth in subparagraphs (A) through (C) of
11 paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part
12 411.140 as of May 1, 2011, using 2010 as the baseline year.
13 (5) Reduction in issuance of estimated electric bills:
14 90% improvement for a participating utility other than a
15 combination utility, and 56% improvement for a
16 participating utility that is a combination utility, using
17 a baseline of the average number of estimated bills for the
18 years 2008 through 2010.
19 (6) Consumption on inactive meters: 90% improvement
20 for a participating utility other than a combination
21 utility, and 56% improvement for a participating utility
22 that is a combination utility, using a baseline of the
23 average unbilled kilowatthours for the years 2009 and 2010.
24 (7) Unaccounted for energy: 50% improvement for a
25 participating utility other than a combination utility
26 using a baseline of the non-technical line loss unaccounted

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1 for energy kilowatthours for the year 2009.
2 (8) Uncollectible expense: reduce uncollectible
3 expense by at least $30,000,000 for a participating utility
4 other than a combination utility and by at least $3,500,000
5 for a participating utility that is a combination utility,
6 using a baseline of the average uncollectible expense for
7 the years 2008 through 2010.
8 (9) Opportunities for minority-owned and female-owned
9 business enterprises: design a performance metric
10 regarding the creation of opportunities for minority-owned
11 and female-owned business enterprises consistent with
12 State and federal law using a base performance value of the
13 percentage of the participating utility's capital
14 expenditures that were paid to minority-owned and
15 female-owned business enterprises in 2010.
16 The definitions set forth in 83 Ill. Admin. Code Part
17411.20 as of May 1, 2011 shall be used for purposes of
18calculating performance under paragraphs (1) through (3.5) of
19this subsection (f), provided, however, that the participating
20utility may exclude up to 9 extreme weather event days from
21such calculation for each year, and provided further that the
22participating utility shall exclude 9 extreme weather event
23days when calculating each year of the baseline period to the
24extent that there are 9 such days in a given year of the
25baseline period. For purposes of this Section, an extreme
26weather event day is a 24-hour calendar day (beginning at 12:00

SB3131- 189 -LRB100 19958 SMS 35239 b
1a.m. and ending at 11:59 p.m.) during which any weather event
2(e.g., storm, tornado) caused interruptions for 10,000 or more
3of the participating utility's customers for 3 hours or more.
4If there are more than 9 extreme weather event days in a year,
5then the utility may choose no more than 9 extreme weather
6event days to exclude, provided that the same extreme weather
7event days are excluded from each of the calculations performed
8under paragraphs (1) through (3.5) of this subsection (f).
9 The metrics shall include incremental performance goals
10for each year of the 10-year period, which shall be designed to
11demonstrate that the utility is on track to achieve the
12performance goal in each category at the end of the 10-year
13period. The utility shall elect when the 10-year period shall
14commence for the metrics set forth in subparagraphs (1) through
15(4) and (9) of this subsection (f), provided that it begins no
16later than 14 months following the date on which the utility
17begins investing pursuant to subsection (b) of this Section,
18and when the 10-year period shall commence for the metrics set
19forth in subparagraphs (5) through (8) of this subsection (f),
20provided that it begins no later than 14 months following the
21date on which the Commission enters its order approving the
22utility's Advanced Metering Infrastructure Deployment Plan
23pursuant to subsection (c) of Section 16-108.6 of this Act.
24 The metrics and performance goals set forth in
25subparagraphs (5) through (8) of this subsection (f) are based
26on the assumptions that the participating utility may fully

SB3131- 190 -LRB100 19958 SMS 35239 b
1implement the technology described in subsection (b) of this
2Section, including utilizing the full functionality of such
3technology and that there is no requirement for personal
4on-site notification. If the utility is unable to meet the
5metrics and performance goals set forth in subparagraphs (5)
6through (8) of this subsection (f) for such reasons, and the
7Commission so finds after notice and hearing, then the utility
8shall be excused from compliance, but only to the limited
9extent achievement of the affected metrics and performance
10goals was hindered by the less than full implementation.
11 (f-5) The financial penalties applicable to the metrics
12described in subparagraphs (1) through (8) of subsection (f) of
13this Section, as applicable, shall be applied through an
14adjustment to the participating utility's return on equity of
15no more than a total of 30 basis points in each of the first 3
16years, of no more than a total of 34 basis points in each of the
173 years thereafter, and of no more than a total of 38 basis
18points in each of the 4 years thereafter, as follows:
19 (1) With respect to each of the incremental annual
20 performance goals established pursuant to paragraph (1) of
21 subsection (f) of this Section,
22 (A) for each year that a participating utility
23 other than a combination utility does not achieve the
24 annual goal, the participating utility's return on
25 equity shall be reduced as follows: during years 1
26 through 3, by 5 basis points; during years 4 through 6,

SB3131- 191 -LRB100 19958 SMS 35239 b
1 by 6 basis points; and during years 7 through 10, by 7
2 basis points; and
3 (B) for each year that a participating utility that
4 is a combination utility does not achieve the annual
5 goal, the participating utility's return on equity
6 shall be reduced as follows: during years 1 through 3,
7 by 10 basis points; during years 4 through 6, by 12
8 basis points; and during years 7 through 10, by 14
9 basis points.
10 (2) With respect to each of the incremental annual
11 performance goals established pursuant to paragraph (2) of
12 subsection (f) of this Section, for each year that the
13 participating utility does not achieve each such goal, the
14 participating utility's return on equity shall be reduced
15 as follows: during years 1 through 3, by 5 basis points;
16 during years 4 through 6, by 6 basis points; and during
17 years 7 through 10, by 7 basis points.
18 (3) With respect to each of the incremental annual
19 performance goals established pursuant to paragraphs (3)
20 and (3.5) of subsection (f) of this Section, for each year
21 that a participating utility other than a combination
22 utility does not achieve both such goals, the participating
23 utility's return on equity shall be reduced as follows:
24 during years 1 through 3, by 5 basis points; during years 4
25 through 6, by 6 basis points; and during years 7 through
26 10, by 7 basis points.

SB3131- 192 -LRB100 19958 SMS 35239 b
1 (4) With respect to each of the incremental annual
2 performance goals established pursuant to paragraph (4) of
3 subsection (f) of this Section, for each year that the
4 participating utility does not achieve each such goal, the
5 participating utility's return on equity shall be reduced
6 as follows: during years 1 through 3, by 5 basis points;
7 during years 4 through 6, by 6 basis points; and during
8 years 7 through 10, by 7 basis points.
9 (5) With respect to each of the incremental annual
10 performance goals established pursuant to subparagraph (5)
11 of subsection (f) of this Section, for each year that the
12 participating utility does not achieve at least 95% of each
13 such goal, the participating utility's return on equity
14 shall be reduced by 5 basis points for each such unachieved
15 goal.
16 (6) With respect to each of the incremental annual
17 performance goals established pursuant to paragraphs (6),
18 (7), and (8) of subsection (f) of this Section, as
19 applicable, which together measure non-operational
20 customer savings and benefits relating to the
21 implementation of the Advanced Metering Infrastructure
22 Deployment Plan, as defined in Section 16-108.6 of this
23 Act, the performance under each such goal shall be
24 calculated in terms of the percentage of the goal achieved.
25 The percentage of goal achieved for each of the goals shall
26 be aggregated, and an average percentage value calculated,

SB3131- 193 -LRB100 19958 SMS 35239 b
1 for each year of the 10-year period. If the utility does
2 not achieve an average percentage value in a given year of
3 at least 95%, the participating utility's return on equity
4 shall be reduced by 5 basis points.
5 The financial penalties shall be applied as described in
6this subsection (f-5) for the 12-month period in which the
7deficiency occurred through a separate tariff mechanism, which
8shall be filed by the utility together with its metrics. In the
9event the formula rate tariff established pursuant to
10subsection (c) of this Section terminates, the utility's
11obligations under subsection (f) of this Section and this
12subsection (f-5) shall also terminate, provided, however, that
13the tariff mechanism established pursuant to subsection (f) of
14this Section and this subsection (f-5) shall remain in effect
15until any penalties due and owing at the time of such
16termination are applied.
17 The Commission shall, after notice and hearing, enter an
18order within 120 days after the metrics are filed approving, or
19approving with modification, a participating utility's tariff
20or mechanism to satisfy the metrics set forth in subsection (f)
21of this Section. On June 1 of each subsequent year, each
22participating utility shall file a report with the Commission
23that includes, among other things, a description of how the
24participating utility performed under each metric and an
25identification of any extraordinary events that adversely
26impacted the utility's performance. Whenever a participating

SB3131- 194 -LRB100 19958 SMS 35239 b
1utility does not satisfy the metrics required pursuant to
2subsection (f) of this Section, the Commission shall, after
3notice and hearing, enter an order approving financial
4penalties in accordance with this subsection (f-5). The
5Commission-approved financial penalties shall be applied
6beginning with the next rate year. Nothing in this Section
7shall authorize the Commission to reduce or otherwise obviate
8the imposition of financial penalties for failing to achieve
9one or more of the metrics established pursuant to subparagraph
10(1) through (4) of subsection (f) of this Section.
11 (g) On or before July 31, 2014, each participating utility
12shall file a report with the Commission that sets forth the
13average annual increase in the average amount paid per
14kilowatthour for residential eligible retail customers,
15exclusive of the effects of energy efficiency programs,
16comparing the 12-month period ending May 31, 2012; the 12-month
17period ending May 31, 2013; and the 12-month period ending May
1831, 2014. For a participating utility that is a combination
19utility with more than one rate zone, the weighted average
20aggregate increase shall be provided. The report shall be filed
21together with a statement from an independent auditor attesting
22to the accuracy of the report. The cost of the independent
23auditor shall be borne by the participating utility and shall
24not be a recoverable expense. "The average amount paid per
25kilowatthour" shall be based on the participating utility's
26tariffed rates actually in effect and shall not be calculated

SB3131- 195 -LRB100 19958 SMS 35239 b
1using any hypothetical rate or adjustments to actual charges
2(other than as specified for energy efficiency) as an input.
3 In the event that the average annual increase exceeds 2.5%
4as calculated pursuant to this subsection (g), then Sections
516-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
6than this subsection, shall be inoperative as they relate to
7the utility and its service area as of the date of the report
8due to be submitted pursuant to this subsection and the utility
9shall no longer be eligible to annually update the
10performance-based formula rate tariff pursuant to subsection
11(d) of this Section. In such event, the then current rates
12shall remain in effect until such time as new rates are set
13pursuant to Article IX of this Act, subject to retroactive
14adjustment, with interest, to reconcile rates charged with
15actual costs, and the participating utility's voluntary
16commitments and obligations under subsection (b) of this
17Section shall immediately terminate, except for the utility's
18obligation to pay an amount already owed to the fund for
19training grants pursuant to a Commission order issued under
20subsection (b) of this Section.
21 In the event that the average annual increase is 2.5% or
22less as calculated pursuant to this subsection (g), then the
23performance-based formula rate shall remain in effect as set
24forth in this Section.
25 For purposes of this Section, the amount per kilowatthour
26means the total amount paid for electric service expressed on a

SB3131- 196 -LRB100 19958 SMS 35239 b
1per kilowatthour basis, and the total amount paid for electric
2service includes without limitation amounts paid for supply,
3transmission, distribution, surcharges, and add-on taxes
4exclusive of any increases in taxes or new taxes imposed after
5October 26, 2011 (the effective date of Public Act 97-616). For
6purposes of this Section, "eligible retail customers" shall
7have the meaning set forth in Section 16-111.5 of this Act.
8 The fact that this Section becomes inoperative as set forth
9in this subsection shall not be construed to mean that the
10Commission may reexamine or otherwise reopen prudence or
11reasonableness determinations already made.
12 (h) By December 31, 2017, the Commission shall prepare and
13file with the General Assembly a report on the infrastructure
14program and the performance-based formula rate. The report
15shall include the change in the average amount per kilowatthour
16paid by residential customers between June 1, 2011 and May 31,
172017. If the change in the total average rate paid exceeds 2.5%
18compounded annually, the Commission shall include in the report
19an analysis that shows the portion of the change due to the
20delivery services component and the portion of the change due
21to the supply component of the rate. The report shall include
22separate sections for each participating utility.
23 Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
24this Act, other than this subsection (h), are inoperative after
25December 31, 2022 for every participating utility, after which
26time a participating utility shall no longer be eligible to

SB3131- 197 -LRB100 19958 SMS 35239 b
1annually update the performance-based formula rate tariff
2pursuant to subsection (d) of this Section. At such time, the
3then current rates shall remain in effect until such time as
4new rates are set pursuant to Article IX of this Act, subject
5to retroactive adjustment, with interest, to reconcile rates
6charged with actual costs.
7 The fact that this Section becomes inoperative as set forth
8in this subsection shall not be construed to mean that the
9Commission may reexamine or otherwise reopen prudence or
10reasonableness determinations already made.
11 (i) While a participating utility may use, develop, and
12maintain broadband systems and the delivery of broadband
13services, voice-over-internet-protocol services,
14telecommunications services, and cable and video programming
15services for use in providing delivery services and Smart Grid
16functionality or application to its retail customers,
17including, but not limited to, the installation,
18implementation and maintenance of Smart Grid electric system
19upgrades as defined in Section 16-108.6 of this Act, a
20participating utility is prohibited from offering to its retail
21customers broadband services or the delivery of broadband
22services, voice-over-internet-protocol services,
23telecommunications services, or cable or video programming
24services, unless they are part of a service directly related to
25delivery services or Smart Grid functionality or applications
26as defined in Section 16-108.6 of this Act, and from recovering

SB3131- 198 -LRB100 19958 SMS 35239 b
1the costs of such offerings from retail customers.
2 (j) Nothing in this Section is intended to legislatively
3overturn the opinion issued in Commonwealth Edison Co. v. Ill.
4Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,
51-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
6Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 shall not be
7construed as creating a contract between the General Assembly
8and the participating utility, and shall not establish a
9property right in the participating utility.
10 (k) The changes made in subsections (c) and (d) of this
11Section by Public Act 98-15 are intended to be a restatement
12and clarification of existing law, and intended to give binding
13effect to the provisions of House Resolution 1157 adopted by
14the House of Representatives of the 97th General Assembly and
15Senate Resolution 821 adopted by the Senate of the 97th General
16Assembly that are reflected in paragraph (3) of this
17subsection. In addition, Public Act 98-15 preempts and
18supersedes any final Commission orders entered in Docket Nos.
1911-0721, 12-0001, 12-0293, and 12-0321 to the extent
20inconsistent with the amendatory language added to subsections
21(c) and (d).
22 (1) No earlier than 5 business days after May 22, 2013
23 (the effective date of Public Act 98-15), each
24 participating utility shall file any tariff changes
25 necessary to implement the amendatory language set forth in
26 subsections (c) and (d) of this Section by Public Act 98-15

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1 and a revised revenue requirement under the participating
2 utility's performance-based formula rate. The Commission
3 shall enter a final order approving such tariff changes and
4 revised revenue requirement within 21 days after the
5 participating 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 Public Act 98-15. Such tariff shall allow the utility to
15 assess, on current customer bills over a period of 12
16 monthly billing periods, a charge or credit related to
17 those unrecovered costs with interest at the utility's
18 weighted average cost of capital during the period in which
19 those costs were unrecovered. A participating utility may
20 file a tariff that implements a retroactive charge or
21 credit as described in this paragraph for amounts not
22 otherwise included in the tariff filing provided for in
23 paragraph (1) of this subsection (k). The Commission shall
24 enter a final order approving such tariff within 21 days
25 after the participating utility's filing.
26 (3) The tariff changes described in paragraphs (1) and

SB3131- 200 -LRB100 19958 SMS 35239 b
1 (2) of this subsection (k) shall relate only to, and be
2 consistent with, the following provisions of Public Act
3 98-15: paragraph (2) of subsection (c) regarding year-end
4 capital structure, subparagraph (D) of paragraph (4) of
5 subsection (c) regarding pension assets, and subsection
6 (d) regarding the reconciliation components related to
7 year-end rate base and interest calculated at a rate equal
8 to the utility's weighted average cost of capital.
9 (4) Nothing in this subsection is intended to effect a
10 dismissal of or otherwise affect an appeal from any final
11 Commission orders entered in Docket Nos. 11-0721, 12-0001,
12 12-0293, and 12-0321 other than to the extent of the
13 amendatory language contained in subsections (c) and (d) of
14 this Section of Public Act 98-15.
15 (l) Each participating utility shall be deemed to have been
16in full compliance with all requirements of subsection (b) of
17this Section, subsection (c) of this Section, Section 16-108.6
18of this Act, and all Commission orders entered pursuant to
19Sections 16-108.5 and 16-108.6 of this Act, up to and including
20May 22, 2013 (the effective date of Public Act 98-15). The
21Commission shall not undertake any investigation of such
22compliance and no penalty shall be assessed or adverse action
23taken against a participating utility for noncompliance with
24Commission orders associated with subsection (b) of this
25Section, subsection (c) of this Section, and Section 16-108.6
26of this Act prior to such date. Each participating utility

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1other than a combination utility shall be permitted, without
2penalty, a period of 12 months after such effective date to
3take actions required to ensure its infrastructure investment
4program is in compliance with subsection (b) of this Section
5and with Section 16-108.6 of this Act. Provided further, the
6following subparagraphs shall apply to a participating utility
7other than a combination utility:
8 (A) if the Commission has initiated a proceeding
9 pursuant to subsection (e) of Section 16-108.6 of this Act
10 that is pending as of May 22, 2013 (the effective date of
11 Public Act 98-15), then the order entered in such
12 proceeding shall, after notice and hearing, accelerate the
13 commencement of the meter deployment schedule approved in
14 the final Commission order on rehearing entered in Docket
15 No. 12-0298;
16 (B) if the Commission has entered an order pursuant to
17 subsection (e) of Section 16-108.6 of this Act prior to May
18 22, 2013 (the effective date of Public Act 98-15) that does
19 not accelerate the commencement of the meter deployment
20 schedule approved in the final Commission order on
21 rehearing entered in Docket No. 12-0298, then the utility
22 shall file with the Commission, within 45 days after such
23 effective date, a plan for accelerating the commencement of
24 the utility's meter deployment schedule approved in the
25 final Commission order on rehearing entered in Docket No.
26 12-0298; the Commission shall reopen the proceeding in

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1 which it entered its order pursuant to subsection (e) of
2 Section 16-108.6 of this Act and shall, after notice and
3 hearing, enter an amendatory order that approves or
4 approves as modified such accelerated plan within 90 days
5 after the utility's filing; or
6 (C) if the Commission has not initiated a proceeding
7 pursuant to subsection (e) of Section 16-108.6 of this Act
8 prior to May 22, 2013 (the effective date of Public Act
9 98-15), then the utility shall file with the Commission,
10 within 45 days after such effective date, a plan for
11 accelerating the commencement of the utility's meter
12 deployment schedule approved in the final Commission order
13 on rehearing entered in Docket No. 12-0298 and the
14 Commission shall, after notice and hearing, approve or
15 approve as modified such plan within 90 days after the
16 utility's filing.
17 Any schedule for meter deployment approved by the
18Commission pursuant to this subsection (l) shall take into
19consideration procurement times for meters and other equipment
20and operational issues. Nothing in Public Act 98-15 shall
21shorten or extend the end dates for the 5-year or 10-year
22periods set forth in subsection (b) of this Section or Section
2316-108.6 of this Act. Nothing in this subsection is intended to
24address whether a participating utility has, or has not,
25satisfied any or all of the metrics and performance goals
26established pursuant to subsection (f) of this Section.

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1 (m) The provisions of Public Act 98-15 are severable under
2Section 1.31 of the Statute on Statutes.
3(Source: P.A. 98-15, eff. 5-22-13; 98-1175, eff. 6-1-15;
499-143, eff. 7-27-15; 99-642, eff. 7-28-16; 99-906, eff.
56-1-17.)
6 (220 ILCS 5/16-111)
7 Sec. 16-111. Rates and restructuring transactions during
8mandatory transition period; restructuring and other
9transactions.
10 (a) During the mandatory transition period,
11notwithstanding any provision of Article IX of this Act, and
12except as provided in subsections (b) and (f) of this Section,
13the Commission shall not (i) initiate, authorize or order any
14change by way of increase (other than in connection with a
15request for rate increase which was filed after September 1,
161997 but prior to October 15, 1997, by an electric utility
17serving less than 12,500 customers in this State), (ii)
18initiate or, unless requested by the electric utility,
19authorize or order any change by way of decrease, restructuring
20or unbundling (except as provided in Section 16-109A), in the
21rates of any electric utility that were in effect on October 1,
221996, or (iii) in any order approving any application for a
23merger pursuant to Section 7-204 that was pending as of May 16,
241997, impose any condition requiring any filing for an
25increase, decrease, or change in, or other review of, an

SB3131- 204 -LRB100 19958 SMS 35239 b
1electric utility's rates or enforce any such condition of any
2such order; provided, however, that this subsection shall not
3prohibit the Commission from:
4 (1) approving the application of an electric utility to
5 implement an alternative to rate of return regulation or a
6 regulatory mechanism that rewards or penalizes the
7 electric utility through adjustment of rates based on
8 utility performance, pursuant to Section 9-244;
9 (2) authorizing an electric utility to eliminate its
10 fuel adjustment clause and adjust its base rate tariffs in
11 accordance with subsection (b), (d), or (f) of Section
12 9-220 of this Act, to fix its fuel adjustment factor in
13 accordance with subsection (c) of Section 9-220 of this
14 Act, or to eliminate its fuel adjustment clause in
15 accordance with subsection (e) of Section 9-220 of this
16 Act;
17 (3) ordering into effect tariffs for delivery services
18 and transition charges in accordance with Sections 16-104
19 and 16-108, for real-time pricing in accordance with
20 Section 16-107, or the options required by Section 16-110
21 and subsection (n) of 16-112, allowing a billing experiment
22 in accordance with Section 16-106, or modifying delivery
23 services tariffs in accordance with Section 16-109; or
24 (4) ordering or allowing into effect any tariff to
25 recover charges pursuant to Sections 9-201.5, 9-220.1,
26 9-221, 9-222 (except as provided in Section 9-222.1),

SB3131- 205 -LRB100 19958 SMS 35239 b
1 16-108, and 16-114 of this Act, Section 5-5 of the
2 Electricity Infrastructure Maintenance Fee Law, Section
3 6-5 of the Renewable Energy, Energy Efficiency, and Coal
4 Resources Development Law of 1997, and Section 13 of the
5 Energy Assistance Act.
6 After December 31, 2004, the provisions of this subsection
7(a) shall not apply to an electric utility whose average
8residential retail rate was less than or equal to 90% of the
9average residential retail rate for the "Midwest Utilities", as
10that term is defined in subsection (b) of this Section, based
11on data reported on Form 1 to the Federal Energy Regulatory
12Commission for calendar year 1995, and which served between
13150,000 and 250,000 retail customers in this State on January
141, 1995 unless the electric utility or its holding company has
15been acquired by or merged with an affiliate of another
16electric utility subsequent to January 1, 2002. This exemption
17shall be limited to this subsection (a) and shall not extend to
18any other provisions of this Act.
19 (b) Notwithstanding the provisions of subsection (a), each
20Illinois electric utility serving more than 12,500 customers in
21Illinois shall file tariffs (i) reducing, effective August 1,
221998, each component of its base rates to residential retail
23customers by 15% from the base rates in effect immediately
24prior to January 1, 1998 and (ii) if the public utility
25provides electric service to (A) more than 500,000 customers
26but less than 1,000,000 customers in this State on January 1,

SB3131- 206 -LRB100 19958 SMS 35239 b
11999, reducing, effective May 1, 2002, each component of its
2base rates to residential retail customers by an additional 5%
3from the base rates in effect immediately prior to January 1,
41998, or (B) at least 1,000,000 customers in this State on
5January 1, 1999, reducing, effective October 1, 2001, each
6component of its base rates to residential retail customers by
7an additional 5% from the base rates in effect immediately
8prior to January 1, 1998. Provided, however, that (A) if an
9electric utility's average residential retail rate is less than
10or equal to the average residential retail rate for a group of
11Midwest Utilities (consisting of all investor-owned electric
12utilities with annual system peaks in excess of 1000 megawatts
13in the States of Illinois, Indiana, Iowa, Kentucky, Michigan,
14Missouri, Ohio, and Wisconsin), based on data reported on Form
151 to the Federal Energy Regulatory Commission for calendar year
161995, then it shall only be required to file tariffs (i)
17reducing, effective August 1, 1998, each component of its base
18rates to residential retail customers by 5% from the base rates
19in effect immediately prior to January 1, 1998, (ii) reducing,
20effective October 1, 2000, each component of its base rates to
21residential retail customers by the lesser of 5% of the base
22rates in effect immediately prior to January 1, 1998 or the
23percentage by which the electric utility's average residential
24retail rate exceeds the average residential retail rate of the
25Midwest Utilities, based on data reported on Form 1 to the
26Federal Energy Regulatory Commission for calendar year 1999,

SB3131- 207 -LRB100 19958 SMS 35239 b
1and (iii) reducing, effective October 1, 2002, each component
2of its base rates to residential retail customers by an
3additional amount equal to the lesser of 5% of the base rates
4in effect immediately prior to January 1, 1998 or the
5percentage by which the electric utility's average residential
6retail rate exceeds the average residential retail rate of the
7Midwest Utilities, based on data reported on Form 1 to the
8Federal Energy Regulatory Commission for calendar year 2001;
9and (B) if the average residential retail rate of an electric
10utility serving between 150,000 and 250,000 retail customers in
11this State on January 1, 1995 is less than or equal to 90% of
12the average residential retail rate for the Midwest Utilities,
13based on data reported on Form 1 to the Federal Energy
14Regulatory Commission for calendar year 1995, then it shall
15only be required to file tariffs (i) reducing, effective August
161, 1998, each component of its base rates to residential retail
17customers by 2% from the base rates in effect immediately prior
18to January 1, 1998; (ii) reducing, effective October 1, 2000,
19each component of its base rates to residential retail
20customers by 2% from the base rate in effect immediately prior
21to January 1, 1998; and (iii) reducing, effective October 1,
222002, each component of its base rates to residential retail
23customers by 1% from the base rates in effect immediately prior
24to January 1, 1998. Provided, further, that any electric
25utility for which a decrease in base rates has been or is
26placed into effect between October 1, 1996 and the dates

SB3131- 208 -LRB100 19958 SMS 35239 b
1specified in the preceding sentences of this subsection, other
2than pursuant to the requirements of this subsection, shall be
3entitled to reduce the amount of any reduction or reductions in
4its base rates required by this subsection by the amount of
5such other decrease. The tariffs required under this subsection
6shall be filed 45 days in advance of the effective date.
7Notwithstanding anything to the contrary in Section 9-220 of
8this Act, no restatement of base rates in conjunction with the
9elimination of a fuel adjustment clause under that Section
10shall result in a lesser decrease in base rates than customers
11would otherwise receive under this subsection had the electric
12utility's fuel adjustment clause not been eliminated.
13 (c) Any utility reducing its base rates by 15% on August 1,
141998 pursuant to subsection (b) shall include the following
15statement on its bills for residential customers from August 1
16through December 31, 1998: "Effective August 1, 1998, your
17rates have been reduced by 15% by the Electric Service Customer
18Choice and Rate Relief Law of 1997 passed by the Illinois
19General Assembly.". Any utility reducing its base rates by 5%
20on August 1, 1998, pursuant to subsection (b) shall include the
21following statement on its bills for residential customers from
22August 1 through December 31, 1998: "Effective August 1, 1998,
23your rates have been reduced by 5% by the Electric Service
24Customer Choice and Rate Relief Law of 1997 passed by the
25Illinois General Assembly.".
26 Any utility reducing its base rates by 2% on August 1, 1998

SB3131- 209 -LRB100 19958 SMS 35239 b
1pursuant to subsection (b) shall include the following
2statement on its bills for residential customers from August 1
3through December 31, 1998: "Effective August 1, 1998, your
4rates have been reduced by 2% by the Electric Service Customer
5Choice and Rate Relief Law of 1997 passed by the Illinois
6General Assembly.".
7 (d) (Blank.)
8 (e) (Blank.)
9 (f) During the mandatory transition period, an electric
10utility may file revised tariffs reducing the price of any
11tariffed service offered by the electric utility for all
12customers taking that tariffed service, which shall be
13effective 7 days after filing.
14 (g) Until all classes of tariffed services are declared
15competitive, an electric utility may, without obtaining any
16approval of the Commission other than that provided for in this
17subsection and notwithstanding any other provision of this Act
18or any rule or regulation of the Commission that would require
19such approval:
20 (1) implement a reorganization, other than a merger of
21 2 or more public utilities as defined in Section 3-105 or
22 their holding companies;
23 (2) retire generating plants from service;
24 (3) sell, assign, lease or otherwise transfer assets to
25 an affiliated or unaffiliated entity and as part of such
26 transaction enter into service agreements, power purchase

SB3131- 210 -LRB100 19958 SMS 35239 b
1 agreements, or other agreements with the transferee;
2 provided, however, that the prices, terms and conditions of
3 any power purchase agreement must be approved or allowed
4 into effect by the Federal Energy Regulatory Commission; or
5 (4) use any accelerated cost recovery method including
6 accelerated depreciation, accelerated amortization or
7 other capital recovery methods, or record reductions to the
8 original cost of its assets.
9 In order to implement a reorganization, retire generating
10plants from service, or sell, assign, lease or otherwise
11transfer assets pursuant to this Section, the electric utility
12shall comply with subsections (c) and (d) of Section 16-128, if
13applicable, and subsection (k) of this Section, if applicable,
14and provide the Commission with at least 30 days notice of the
15proposed reorganization or transaction, which notice shall
16include the following information:
17 (i) a complete statement of the entries that the
18 electric utility will make on its books and records of
19 account to implement the proposed reorganization or
20 transaction together with a certification from an
21 independent certified public accountant that such entries
22 are in accord with generally accepted accounting
23 principles and, if the Commission has previously approved
24 guidelines for cost allocations between the utility and its
25 affiliates, a certification from the chief accounting
26 officer of the utility that such entries are in accord with

SB3131- 211 -LRB100 19958 SMS 35239 b
1 those cost allocation guidelines;
2 (ii) a description of how the electric utility will
3 use proceeds of any sale, assignment, lease or transfer to
4 retire debt or otherwise reduce or recover the costs of
5 services provided by such electric utility;
6 (iii) a list of all federal approvals or approvals
7 required from departments and agencies of this State, other
8 than the Commission, that the electric utility has or will
9 obtain before implementing the reorganization or
10 transaction;
11 (iv) an irrevocable commitment by the electric utility
12 that it will not, as a result of the transaction, impose
13 any stranded cost charges that it might otherwise be
14 allowed to charge retail customers under federal law or
15 increase the transition charges that it is otherwise
16 entitled to collect under this Article XVI;
17 (v) if the electric utility proposes to sell, assign,
18 lease or otherwise transfer a generating plant that brings
19 the amount of net dependable generating capacity
20 transferred pursuant to this subsection to an amount equal
21 to or greater than 15% of the electric utility's net
22 dependable capacity as of the effective date of this
23 amendatory Act of 1997, and enters into a power purchase
24 agreement with the entity to which such generating plant is
25 sold, assigned, leased, or otherwise transferred, the
26 electric utility also agrees, if its fuel adjustment clause

SB3131- 212 -LRB100 19958 SMS 35239 b
1 has not already been eliminated, to eliminate its fuel
2 adjustment clause in accordance with subsection (b) of
3 Section 9-220 for a period of time equal to the length of
4 any such power purchase agreement or successor agreement,
5 or until January 1, 2005, whichever is longer; if the
6 capacity of the generating plant so transferred and related
7 power purchase agreement does not result in the elimination
8 of the fuel adjustment clause under this subsection, and
9 the fuel adjustment clause has not already been eliminated,
10 the electric utility shall agree that the costs associated
11 with the transferred plant that are included in the
12 calculation of the rate per kilowatt-hour to be applied
13 pursuant to the electric utility's fuel adjustment clause
14 during such period shall not exceed the per kilowatt-hour
15 cost associated with such generating plant included in the
16 electric utility's fuel adjustment clause during the full
17 calendar year preceding the transfer, with such limit to be
18 adjusted each year thereafter by the Gross Domestic Product
19 Implicit Price Deflator; and
20 (vi) in addition, if the electric utility proposes to
21 sell, assign, or lease, (A) either (1) an amount of
22 generating plant that brings the amount of net dependable
23 generating capacity transferred pursuant to this
24 subsection to an amount equal to or greater than 15% of its
25 net dependable capacity on the effective date of this
26 amendatory Act of 1997, or (2) one or more generating

SB3131- 213 -LRB100 19958 SMS 35239 b
1 plants with a total net dependable capacity of 1100
2 megawatts, or (B) transmission and distribution facilities
3 that either (1) bring the amount of transmission and
4 distribution facilities transferred pursuant to this
5 subsection to an amount equal to or greater than 15% of the
6 electric utility's total depreciated original cost
7 investment in such facilities, or (2) represent an
8 investment of $25,000,000 in terms of total depreciated
9 original cost, the electric utility shall provide, in
10 addition to the information listed in subparagraphs (i)
11 through (v), the following information: (A) a description
12 of how the electric utility will meet its service
13 obligations under this Act in a safe and reliable manner
14 and (B) the electric utility's projected earned rate of
15 return on common equity for each year from the date of the
16 notice through December 31, 2006 both with and without the
17 proposed transaction. If the Commission has not issued an
18 order initiating a hearing on the proposed transaction
19 within 30 days after the date the electric utility's notice
20 is filed, the transaction shall be deemed approved. The
21 Commission may, after notice and hearing, prohibit the
22 proposed transaction if it makes either or both of the
23 following findings: (1) that the proposed transaction will
24 render the electric utility unable to provide its tariffed
25 services in a safe and reliable manner, or (2) that there
26 is a strong likelihood that consummation of the proposed

SB3131- 214 -LRB100 19958 SMS 35239 b
1 transaction will result in the electric utility being
2 entitled to request an increase in its base rates. Any
3 hearing initiated by the Commission into the proposed
4 transaction shall be completed, and the Commission's final
5 order approving or prohibiting the proposed transaction
6 shall be entered, within 90 days after the date the
7 electric utility's notice was filed. Provided, however,
8 that a sale, assignment, or lease of transmission
9 facilities to an independent system operator that meets the
10 requirements of Section 16-126 shall not be subject to
11 Commission approval under this Section.
12 In any proceeding conducted by the Commission pursuant
13 to this subparagraph (vi), intervention shall be limited to
14 parties with a direct interest in the transaction which is
15 the subject of the hearing and any statutory consumer
16 protection agency as defined in subsection (d) of Section
17 9-102.1. Notwithstanding the provisions of Section 10-113
18 of this Act, any application seeking rehearing of an order
19 issued under this subparagraph (vi), whether filed by the
20 electric utility or by an intervening party, shall be filed
21 within 10 days after service of the order.
22 The Commission shall not in any subsequent proceeding or
23otherwise, review such a reorganization or other transaction
24authorized by this Section, but shall retain the authority to
25allocate costs as stated in Section 16-111(i). An entity to
26which an electric utility sells, assigns, leases or transfers

SB3131- 215 -LRB100 19958 SMS 35239 b
1assets pursuant to this subsection (g) shall not, as a result
2of the transactions specified in this subsection (g), be deemed
3a public utility as defined in Section 3-105. Nothing in this
4subsection (g) shall change any requirement under the
5jurisdiction of the Illinois Department of Nuclear Safety
6including, but not limited to, the payment of fees. Nothing in
7this subsection (g) shall exempt a utility from obtaining a
8certificate pursuant to Section 8-406 of this Act for the
9construction of a new electric generating facility. Nothing in
10this subsection (g) is intended to exempt the transactions
11hereunder from the operation of the federal or State antitrust
12laws. Nothing in this subsection (g) shall require an electric
13utility to use the procedures specified in this subsection for
14any of the transactions specified herein. Any other procedure
15available under this Act may, at the electric utility's
16election, be used for any such transaction.
17 (h) During the mandatory transition period, the Commission
18shall not establish or use any rates of depreciation, which for
19purposes of this subsection shall include amortization, for any
20electric utility other than those established pursuant to
21subsection (c) of Section 5-104 of this Act or utilized
22pursuant to subsection (g) of this Section. Provided, however,
23that in any proceeding to review an electric utility's rates
24for tariffed services pursuant to Section 9-201, 9-202, 9-250
25or 16-111(d) of this Act, the Commission may establish new
26rates of depreciation for the electric utility in the same

SB3131- 216 -LRB100 19958 SMS 35239 b
1manner provided in subsection (d) of Section 5-104 of this Act.
2An electric utility implementing an accelerated cost recovery
3method including accelerated depreciation, accelerated
4amortization or other capital recovery methods, or recording
5reductions to the original cost of its assets, pursuant to
6subsection (g) of this Section, shall file a statement with the
7Commission describing the accelerated cost recovery method to
8be implemented or the reduction in the original cost of its
9assets to be recorded. Upon the filing of such statement, the
10accelerated cost recovery method or the reduction in the
11original cost of assets shall be deemed to be approved by the
12Commission as though an order had been entered by the
13Commission.
14 (i) Subsequent to the mandatory transition period, the
15Commission, in any proceeding to establish rates and charges
16for tariffed services offered by an electric utility, shall
17consider only (1) the then current or projected revenues,
18costs, investments and cost of capital directly or indirectly
19associated with the provision of such tariffed services; (2)
20collection of transition charges in accordance with Sections
2116-102 and 16-108 of this Act; (3) recovery of any employee
22transition costs as described in Section 16-128 which the
23electric utility is continuing to incur, including recovery of
24any unamortized portion of such costs previously incurred or
25committed, with such costs to be equitably allocated among
26bundled services, delivery services, and contracts with

SB3131- 217 -LRB100 19958 SMS 35239 b
1alternative retail electric suppliers; and (4) recovery of the
2costs associated with the electric utility's compliance with
3decommissioning funding requirements; and shall not consider
4any other revenues, costs, investments or cost of capital of
5either the electric utility or of any affiliate of the electric
6utility that are not associated with the provision of tariffed
7services. In setting rates for tariffed services, the
8Commission shall equitably allocate joint and common costs and
9investments between the electric utility's competitive and
10tariffed services. In determining the justness and
11reasonableness of the electric power and energy component of an
12electric utility's rates for tariffed services subsequent to
13the mandatory transition period and prior to the time that the
14provision of such electric power and energy is declared
15competitive, the Commission shall consider the extent to which
16the electric utility's tariffed rates for such component for
17each customer class exceed the market value determined pursuant
18to Section 16-112, and, if the electric power and energy
19component of such tariffed rate exceeds the market value by
20more than 10% for any customer class, may establish such
21electric power and energy component at a rate equal to the
22market value plus 10%.
23 (j) During the mandatory transition period, an electric
24utility may elect to transfer to a non-operating income account
25under the Commission's Uniform System of Accounts either or
26both of (i) an amount of unamortized investment tax credit that

SB3131- 218 -LRB100 19958 SMS 35239 b
1is in addition to the ratable amount which is credited to the
2electric utility's operating income account for the year in
3accordance with Section 46(f)(2) of the federal Internal
4Revenue Code of 1986, as in effect prior to P.L. 101-508, or
5(ii) "excess tax reserves", as that term is defined in Section
6203(e)(2)(A) of the federal Tax Reform Act of 1986, provided
7that (A) the amount transferred may not exceed the amount of
8the electric utility's assets that were created pursuant to
9Statement of Financial Accounting Standards No. 71 which the
10electric utility has written off during the mandatory
11transition period, and (B) the transfer shall not be effective
12until approved by the Internal Revenue Service. An electric
13utility electing to make such a transfer shall file a statement
14with the Commission stating the amount and timing of the
15transfer for which it intends to request approval of the
16Internal Revenue Service, along with a copy of its proposed
17request to the Internal Revenue Service for a ruling. The
18Commission shall issue an order within 14 days after the
19electric utility's filing approving, subject to receipt of
20approval from the Internal Revenue Service, the proposed
21transfer.
22 (k) If an electric utility is selling or transferring to a
23single buyer 5 or more generating plants located in this State
24with a total net dependable capacity of 5000 megawatts or more
25pursuant to subsection (g) of this Section and has obtained a
26sale price or consideration that exceeds 200% of the book value

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1of such plants, the electric utility must provide to the
2Governor, the President of the Illinois Senate, the Minority
3Leader of the Illinois Senate, the Speaker of the Illinois
4House of Representatives, and the Minority Leader of the
5Illinois House of Representatives no later than 15 days after
6filing its notice under subsection (g) of this Section or 5
7days after the date on which this subsection (k) becomes law,
8whichever is later, a written commitment in which such electric
9utility agrees to expend $2 billion outside the corporate
10limits of any municipality with 1,000,000 or more inhabitants
11within such electric utility's service area, over a 6-year
12period beginning with the calendar year in which the notice is
13filed, on projects, programs, and improvements within its
14service area relating to transmission and distribution
15including, without limitation, infrastructure expansion,
16repair and replacement, capital investments, operations and
17maintenance, and vegetation management.
18 (l) Notwithstanding any other provision of this Act or any
19rule, regulation, or prior order of the Commission, a public
20utility providing electric and gas service may do any one or
21more of the following: transfer assets to, reorganize with, or
22merge with one or more public utilities under common holding
23company ownership or control in the manner prescribed in
24subsection (g) of this Section. No merger transaction costs,
25such as fees paid to attorneys, investment bankers, and other
26consultants, incurred in connection with a merger pursuant to

SB3131- 220 -LRB100 19958 SMS 35239 b
1this subsection (l) shall be recoverable in any subsequent rate
2proceeding. Approval of a merger pursuant to this subsection
3(l) shall not constitute approval of, or otherwise require,
4rate recovery of other costs incurred in connection with, or to
5implement the merger, such as the cost of restructuring,
6combining, or integrating debt, assets, or systems. Such other
7costs may be recovered only to the extent that the surviving
8utility can demonstrate that the cost savings produced by such
9restructuring, combination, or integration exceed the
10associated costs. Nothing in this subsection (l) shall impair
11the terms or conditions of employment or the collective
12bargaining rights of any employees of the utilities that are
13transferring assets, reorganizing, or merging.
14 (m) If an electric utility that on December 31, 2005
15provided electric service to at least 100,000 customers in
16Illinois transfers assets, reorganizes, or merges under this
17Section, then the same provisions apply that applied during the
18mandatory transition period under Section 16-128.
19(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
2095-876, eff. 8-21-08.)
21 (220 ILCS 5/4-305 rep.)
22 (220 ILCS 5/8-304 rep.)
23 (220 ILCS 5/8-405 rep.)
24 (220 ILCS 5/8-405.1 rep.)
25 (220 ILCS 5/9-216 rep.)

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1 (220 ILCS 5/9-222.3 rep.)
2 (220 ILCS 5/9-242 rep.)
3 (220 ILCS 5/9-244 rep.)
4 (220 ILCS 5/13-407 rep.)
5 Section 15. The Public Utilities Act is amended by
6repealing Sections 4-305, 8-304, 8-405, 8-405.1, 9-216,
79-222.3, 9-242, 9-244, and 13-407.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.

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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 661/20
4 220 ILCS 5/2-105from Ch. 111 2/3, par. 2-105
5 220 ILCS 5/2-106from Ch. 111 2/3, par. 2-106
6 220 ILCS 5/4-304from Ch. 111 2/3, par. 4-304
7 220 ILCS 5/5-102from Ch. 111 2/3, par. 5-102
8 220 ILCS 5/6-102from Ch. 111 2/3, par. 6-102
9 220 ILCS 5/7-204from Ch. 111 2/3, par. 7-204
10 220 ILCS 5/8-103B
11 220 ILCS 5/8-508from Ch. 111 2/3, par. 8-508
12 220 ILCS 5/8-509from Ch. 111 2/3, par. 8-509
13 220 ILCS 5/9-102.1
14 220 ILCS 5/9-201from Ch. 111 2/3, par. 9-201
15 220 ILCS 5/9-214from Ch. 111 2/3, par. 9-214
16 220 ILCS 5/9-222.2from Ch. 111 2/3, par. 9-222.2
17 220 ILCS 5/9-223from Ch. 111 2/3, par. 9-223
18 220 ILCS 5/10-101from Ch. 111 2/3, par. 10-101
19 220 ILCS 5/10-101.1
20 220 ILCS 5/10-103from Ch. 111 2/3, par. 10-103
21 220 ILCS 5/10-104from Ch. 111 2/3, par. 10-104
22 220 ILCS 5/10-105from Ch. 111 2/3, par. 10-105
23 220 ILCS 5/10-106from Ch. 111 2/3, par. 10-106
24 220 ILCS 5/10-107from Ch. 111 2/3, par. 10-107
25 220 ILCS 5/10-110from Ch. 111 2/3, par. 10-110

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