103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. LRB103 29470 AMQ 55864 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406.3 new Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. LRB103 29470 AMQ 55864 b LRB103 29470 AMQ 55864 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406.3 new
220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
220 ILCS 5/8-406.3 new
Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors.
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A BILL FOR
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1 AN ACT concerning utilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by changing
5 Section 8-406 and by adding Section 8-406.3 as follows:
6 (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
7 Sec. 8-406. Certificate of public convenience and
8 necessity.
9 (a) No public utility not owning any city or village
10 franchise nor engaged in performing any public service or in
11 furnishing any product or commodity within this State as of
12 July 1, 1921 and not possessing a certificate of public
13 convenience and necessity from the Illinois Commerce
14 Commission, the State Public Utilities Commission, or the
15 Public Utilities Commission, at the time Public Act 84-617
16 goes into effect (January 1, 1986), shall transact any
17 business in this State until it shall have obtained a
18 certificate from the Commission that public convenience and
19 necessity require the transaction of such business. A
20 certificate of public convenience and necessity requiring the
21 transaction of public utility business in any area of this
22 State shall include authorization to the public utility
23 receiving the certificate of public convenience and necessity
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406220 ILCS 5/8-406.3 new 220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406 220 ILCS 5/8-406.3 new
220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
220 ILCS 5/8-406.3 new
Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors.
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A BILL FOR
220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
220 ILCS 5/8-406.3 new
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1 to construct such plant, equipment, property, or facility as
2 is provided for under the terms and conditions of its tariff
3 and as is necessary to provide utility service and carry out
4 the transaction of public utility business by the public
5 utility in the designated area.
6 (b) No public utility shall begin the construction of any
7 new plant, equipment, property, or facility which is not in
8 substitution of any existing plant, equipment, property, or
9 facility, or any extension or alteration thereof or in
10 addition thereto, unless and until it shall have obtained from
11 the Commission a certificate that public convenience and
12 necessity require such construction. Whenever after a hearing
13 the Commission determines that any new construction or the
14 transaction of any business by a public utility will promote
15 the public convenience and is necessary thereto, it shall have
16 the power to issue certificates of public convenience and
17 necessity. The Commission shall determine that proposed
18 construction will promote the public convenience and necessity
19 only if the utility demonstrates: (1) that the proposed
20 construction is necessary to provide adequate, reliable, and
21 efficient service to its customers and is the least-cost means
22 of satisfying the service needs of its customers or that the
23 proposed construction will promote the development of an
24 effectively competitive electricity market that operates
25 efficiently, is equitable to all customers, and is the
26 least-cost least cost means of satisfying those objectives;
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1 (2) that the utility is capable of efficiently managing and
2 supervising the construction process and has taken sufficient
3 action to ensure adequate and efficient construction and
4 supervision thereof; and (3) that the utility is capable of
5 financing the proposed construction without significant
6 adverse financial consequences for the utility or its
7 customers.
8 (b-5) As used in this subsection (b-5):
9 "Qualifying direct current applicant" means an entity that
10 seeks to provide direct current bulk transmission service for
11 the purpose of transporting electric energy in interstate
12 commerce.
13 "Qualifying direct current project" means a high voltage
14 direct current electric service line that crosses at least one
15 Illinois border, the Illinois portion of which is physically
16 located within the region of the Midcontinent Independent
17 System Operator, Inc., or its successor organization, and runs
18 through the counties of Pike, Scott, Greene, Macoupin,
19 Montgomery, Christian, Shelby, Cumberland, and Clark, is
20 capable of transmitting electricity at voltages of 345
21 kilovolts or above, and may also include associated
22 interconnected alternating current interconnection facilities
23 in this State that are part of the proposed project and
24 reasonably necessary to connect the project with other
25 portions of the grid.
26 Notwithstanding any other provision of this Act, a
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1 qualifying direct current applicant that does not own,
2 control, operate, or manage, within this State, any plant,
3 equipment, or property used or to be used for the transmission
4 of electricity at the time of its application or of the
5 Commission's order may file an application on or before
6 December 31, 2023 with the Commission pursuant to this Section
7 or Section 8-406.1 for, and the Commission may grant, a
8 certificate of public convenience and necessity to construct,
9 operate, and maintain a qualifying direct current project. The
10 qualifying direct current applicant may also include in the
11 application requests for authority under Section 8-503. The
12 Commission shall grant the application for a certificate of
13 public convenience and necessity and requests for authority
14 under Section 8-503 if it finds that the qualifying direct
15 current applicant and the proposed qualifying direct current
16 project satisfy the requirements of this subsection and
17 otherwise satisfy the criteria of this Section or Section
18 8-406.1 and the criteria of Section 8-503, as applicable to
19 the application and to the extent such criteria are not
20 superseded by the provisions of this subsection. The
21 Commission's order on the application for the certificate of
22 public convenience and necessity shall also include the
23 Commission's findings and determinations on the request or
24 requests for authority pursuant to Section 8-503. Prior to
25 filing its application under either this Section or Section
26 8-406.1, the qualifying direct current applicant shall conduct
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1 3 public meetings in accordance with subsection (h) of this
2 Section. If the qualifying direct current applicant
3 demonstrates in its application that the proposed qualifying
4 direct current project is designed to deliver electricity to a
5 point or points on the electric transmission grid in either or
6 both the PJM Interconnection, LLC or the Midcontinent
7 Independent System Operator, Inc., or their respective
8 successor organizations, the proposed qualifying direct
9 current project shall be deemed to be, and the Commission
10 shall find it to be, for public use. If the qualifying direct
11 current applicant further demonstrates in its application that
12 the proposed transmission project has a capacity of 1,000
13 megawatts or larger and a voltage level of 345 kilovolts or
14 greater, the proposed transmission project shall be deemed to
15 satisfy, and the Commission shall find that it satisfies, the
16 criteria stated in item (1) of subsection (b) of this Section
17 or in paragraph (1) of subsection (f) of Section 8-406.1, as
18 applicable to the application, without the taking of
19 additional evidence on these criteria. Prior to the transfer
20 of functional control of any transmission assets to a regional
21 transmission organization, a qualifying direct current
22 applicant shall request Commission approval to join a regional
23 transmission organization in an application filed pursuant to
24 this subsection (b-5) or separately pursuant to Section 7-102
25 of this Act. The Commission may grant permission to a
26 qualifying direct current applicant to join a regional
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1 transmission organization if it finds that the membership, and
2 associated transfer of functional control of transmission
3 assets, benefits Illinois customers in light of the attendant
4 costs and is otherwise in the public interest. Nothing in this
5 subsection (b-5) requires a qualifying direct current
6 applicant to join a regional transmission organization.
7 Nothing in this subsection (b-5) requires the owner or
8 operator of a high voltage direct current transmission line
9 that is not a qualifying direct current project to obtain a
10 certificate of public convenience and necessity to the extent
11 it is not otherwise required by this Section 8-406 or any other
12 provision of this Act.
13 (c) (Blank). After September 11, 1987 (the effective date
14 of Public Act 85-377), no construction shall commence on any
15 new nuclear power plant to be located within this State, and no
16 certificate of public convenience and necessity or other
17 authorization shall be issued therefor by the Commission,
18 until the Director of the Illinois Environmental Protection
19 Agency finds that the United States Government, through its
20 authorized agency, has identified and approved a demonstrable
21 technology or means for the disposal of high level nuclear
22 waste, or until such construction has been specifically
23 approved by a statute enacted by the General Assembly.
24 As used in this Section, "high level nuclear waste" means
25 those aqueous wastes resulting from the operation of the first
26 cycle of the solvent extraction system or equivalent and the
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1 concentrated wastes of the subsequent extraction cycles or
2 equivalent in a facility for reprocessing irradiated reactor
3 fuel and shall include spent fuel assemblies prior to fuel
4 reprocessing.
5 (d) In making its determination under subsection (b) of
6 this Section, the Commission shall attach primary weight to
7 the cost or cost savings to the customers of the utility. The
8 Commission may consider any or all factors which will or may
9 affect such cost or cost savings, including the public
10 utility's engineering judgment regarding the materials used
11 for construction.
12 (e) The Commission may issue a temporary certificate which
13 shall remain in force not to exceed one year in cases of
14 emergency, to assure maintenance of adequate service or to
15 serve particular customers, without notice or hearing, pending
16 the determination of an application for a certificate, and may
17 by regulation exempt from the requirements of this Section
18 temporary acts or operations for which the issuance of a
19 certificate will not be required in the public interest.
20 A public utility shall not be required to obtain but may
21 apply for and obtain a certificate of public convenience and
22 necessity pursuant to this Section with respect to any matter
23 as to which it has received the authorization or order of the
24 Commission under the Electric Supplier Act, and any such
25 authorization or order granted a public utility by the
26 Commission under that Act shall as between public utilities be
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1 deemed to be, and shall have except as provided in that Act the
2 same force and effect as, a certificate of public convenience
3 and necessity issued pursuant to this Section.
4 No electric cooperative shall be made or shall become a
5 party to or shall be entitled to be heard or to otherwise
6 appear or participate in any proceeding initiated under this
7 Section for authorization of power plant construction and as
8 to matters as to which a remedy is available under the Electric
9 Supplier Act.
10 (f) Such certificates may be altered or modified by the
11 Commission, upon its own motion or upon application by the
12 person or corporation affected. Unless exercised within a
13 period of 2 years from the grant thereof, authority conferred
14 by a certificate of convenience and necessity issued by the
15 Commission shall be null and void.
16 No certificate of public convenience and necessity shall
17 be construed as granting a monopoly or an exclusive privilege,
18 immunity, or franchise.
19 (g) A public utility that undertakes any of the actions
20 described in items (1) through (3) of this subsection (g) or
21 that has obtained approval pursuant to Section 8-406.1 of this
22 Act shall not be required to comply with the requirements of
23 this Section to the extent such requirements otherwise would
24 apply. For purposes of this Section and Section 8-406.1 of
25 this Act, "high voltage electric service line" means an
26 electric line having a design voltage of 100,000 or more. For
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1 purposes of this subsection (g), a public utility may do any of
2 the following:
3 (1) replace or upgrade any existing high voltage
4 electric service line and related facilities,
5 notwithstanding its length;
6 (2) relocate any existing high voltage electric
7 service line and related facilities, notwithstanding its
8 length, to accommodate construction or expansion of a
9 roadway or other transportation infrastructure; or
10 (3) construct a high voltage electric service line and
11 related facilities that is constructed solely to serve a
12 single customer's premises or to provide a generator
13 interconnection to the public utility's transmission
14 system and that will pass under or over the premises owned
15 by the customer or generator to be served or under or over
16 premises for which the customer or generator has secured
17 the necessary right of way.
18 (h) A public utility seeking to construct a high-voltage
19 electric service line and related facilities (Project) must
20 show that the utility has held a minimum of 2 pre-filing public
21 meetings to receive public comment concerning the Project in
22 each county where the Project is to be located, no earlier than
23 6 months prior to filing an application for a certificate of
24 public convenience and necessity from the Commission. Notice
25 of the public meeting shall be published in a newspaper of
26 general circulation within the affected county once a week for
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1 3 consecutive weeks, beginning no earlier than one month prior
2 to the first public meeting. If the Project traverses 2
3 contiguous counties and where in one county the transmission
4 line mileage and number of landowners over whose property the
5 proposed route traverses is one-fifth or less of the
6 transmission line mileage and number of such landowners of the
7 other county, then the utility may combine the 2 pre-filing
8 meetings in the county with the greater transmission line
9 mileage and affected landowners. All other requirements
10 regarding pre-filing meetings shall apply in both counties.
11 Notice of the public meeting, including a description of the
12 Project, must be provided in writing to the clerk of each
13 county where the Project is to be located. A representative of
14 the Commission shall be invited to each pre-filing public
15 meeting.
16 (i) For applications filed after August 18, 2015 (the
17 effective date of Public Act 99-399), the Commission shall, by
18 certified mail, notify each owner of record of land, as
19 identified in the records of the relevant county tax assessor,
20 included in the right-of-way over which the utility seeks in
21 its application to construct a high-voltage electric line of
22 the time and place scheduled for the initial hearing on the
23 public utility's application. The utility shall reimburse the
24 Commission for the cost of the postage and supplies incurred
25 for mailing the notice.
26 (j) The Commission shall only issue a certificate of
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1 public convenience and necessity under this Section to a
2 public utility operating or located within the State or to a
3 company with a fossil fuel-based power generator.
4 (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
5 102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
6 (220 ILCS 5/8-406.3 new)
7 Sec. 8-406.3. Certificate of public convenience and
8 necessity; small modular nuclear reactor.
9 (a) As used this Section, "small modular nuclear reactor"
10 means a nuclear reactor that:
11 (1) has a rated electric generating capacity of not
12 more than 350 megawatts;
13 (2) is capable of being constructed and operated,
14 either alone or in combination with one or more similar
15 reactors if additional reactors are, or become, necessary
16 at a single site; and
17 (3) is required to be licensed by the United States
18 Nuclear Regulatory Commission.
19 "Small modular nuclear reactor" includes a nuclear reactor
20 that is described in this subsection and that uses a process to
21 produce hydrogen that can be used for energy storage, as a
22 fuel, or for other uses.
23 (b) No later than July 1, 2023, the Commission shall adopt
24 rules concerning the granting of certificates of public
25 convenience and necessity under this Section for the
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1 construction, purchase, or lease of small modular nuclear
2 reactors:
3 (1) in this State for the generation of electricity to
4 be directly or indirectly used to furnish public utility
5 service to customers in this State; or
6 (2) at the site of nuclear energy production or
7 generation facility that supplies electricity to retail
8 customers in this State.
9 (c) Rules adopted by the Commission under this Section
10 must provide for the following:
11 (1) that in acting on a public utility's petition for
12 the construction, purchase, or lease of one or more small
13 modular nuclear reactors, as described in subsection (b),
14 the Commission shall consider the following:
15 (A) whether, and to what extent, the one or more
16 small modular nuclear reactors proposed by the public
17 utility will replace a loss of generating capacity in
18 the public utility's portfolio resulting from the
19 retirement or planned retirement of one or more of the
20 public utility's existing electric generating
21 facilities that:
22 (i) are located in this State; and
23 (ii) use coal or natural gas as a fuel source;
24 and
25 (B) whether one or more of the small modular
26 nuclear reactors that will replace an existing
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1 facility will be located on the same site as or near
2 the existing facility and, if so, potential
3 opportunities for the public utility to:
4 (i) make use of any land and existing
5 infrastructure or facilities already owned or
6 under the control of the public utility; or
7 (ii) create new employment opportunities for
8 workers who have been, or would be, displaced as a
9 result of the retirement of the existing facility;
10 (2) that the Commission may grant a certificate under
11 this Section under circumstances and for locations other
12 than those described in paragraph (1);
13 (3) that the Commission may not grant a certificate
14 under this Section unless the owner or operator of a
15 proposed small modular nuclear reactor provides evidence
16 of a plan to apply for all licenses or permits to construct
17 or operate the proposed small modular nuclear reactor as
18 may be required by:
19 (A) the United States Nuclear Regulatory
20 Commission;
21 (B) the Department of Natural Resources or the
22 Environmental Protection Agency; or
23 (C) any other relevant State or federal regulatory
24 agency with jurisdiction over the construction or
25 operation of nuclear generating facilities;
26 (4) that any reports, notices of violations, or other
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1 notifications sent to or from the United States Nuclear
2 Regulatory Commission by or to the owner or operator of a
3 proposed small nuclear reactor must be submitted by the
4 owner or operator to the Commission within such time as
5 prescribed by the Commission, subject to the Commission's
6 duty to treat as confidential and protect from public
7 access and disclosure any information that is contained in
8 a report or notice and that is considered confidential or
9 exempt from public access and disclosure under State or
10 federal law; and
11 (5) that any person that owns or operates a small
12 modular nuclear reactor in this State may not store spent
13 nuclear fuel as defined in the Illinois Nuclear Safety
14 Preparedness Act or high level radioactive waste as also
15 defined in that Act from the small modular nuclear reactor
16 on the site of the small modular nuclear reactor without
17 first meeting all applicable requirements of the United
18 States Regulatory Commission.
19 (d) In adopting the rules required by this Section, the
20 Commission may adopt emergency rules in the State.
21 (e) This Section shall not be construed to affect the
22 authority of the United States Nuclear Regulatory Commission.
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