Illinois House Bill HB4661 Introduced / Bill

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4661 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241220 ILCS 5/16-108.5 Amends the Public Utilities Act. Provides that no electric utility shall establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to or the use of its utility infrastructure by another person or for any other purpose. Amends the Electric Service Customer Choice and Rate Relief Law of 1997. Prohibits an electric utility in a county with a population of 3,000,000 or more from authorizing any other person or granting any other person the right, by agreement, lease, license, or otherwise, to access, control, use, or operate any electric utility's infrastructure, facilities, or assets of any kind or to deliver or provide to the electric utility's retail customers or any other person's customers, broadband services, Voice over Internet Protocol (VoIP) services, telecommunications services, or cable or video programming services. Specifies, however, that an electric utility in a county with a population of 3,000,000 or more may authorize or grant another person the right to access or use the electric utility's infrastructure, facilities, or assets, including, but not limited to, middle mile infrastructure, to facilitate the delivery of broadband services to Illinois residential and commercial customers on the condition that the access to and use of that electric utility's infrastructure, facilities, and assets (A) be granted on a non-discriminatory, non-exclusive, and competitively neutral basis; and (B) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that, if there is any dispute regarding the terms, rates, or conditions of access to or use of the electric utility's infrastructure, facilities, and assets to facilitate the delivery of broadband services to Illinois residential and commercial customers, then the Commission shall hear and decide the dispute upon petition of any party. Provides that nothing in the amendatory Act shall be construed to alter or diminish the rights or obligations of any person nor shall it be deemed to conflict with the federal Pole Attachment Act. Specifies that these prohibitions become inoperative after December 31, 2027. Defines terms. Effective immediately. LRB103 37733 SPS 67860 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4661 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:  220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241220 ILCS 5/16-108.5 220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241 220 ILCS 5/16-108.5  Amends the Public Utilities Act. Provides that no electric utility shall establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to or the use of its utility infrastructure by another person or for any other purpose. Amends the Electric Service Customer Choice and Rate Relief Law of 1997. Prohibits an electric utility in a county with a population of 3,000,000 or more from authorizing any other person or granting any other person the right, by agreement, lease, license, or otherwise, to access, control, use, or operate any electric utility's infrastructure, facilities, or assets of any kind or to deliver or provide to the electric utility's retail customers or any other person's customers, broadband services, Voice over Internet Protocol (VoIP) services, telecommunications services, or cable or video programming services. Specifies, however, that an electric utility in a county with a population of 3,000,000 or more may authorize or grant another person the right to access or use the electric utility's infrastructure, facilities, or assets, including, but not limited to, middle mile infrastructure, to facilitate the delivery of broadband services to Illinois residential and commercial customers on the condition that the access to and use of that electric utility's infrastructure, facilities, and assets (A) be granted on a non-discriminatory, non-exclusive, and competitively neutral basis; and (B) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that, if there is any dispute regarding the terms, rates, or conditions of access to or use of the electric utility's infrastructure, facilities, and assets to facilitate the delivery of broadband services to Illinois residential and commercial customers, then the Commission shall hear and decide the dispute upon petition of any party. Provides that nothing in the amendatory Act shall be construed to alter or diminish the rights or obligations of any person nor shall it be deemed to conflict with the federal Pole Attachment Act. Specifies that these prohibitions become inoperative after December 31, 2027. Defines terms. Effective immediately.  LRB103 37733 SPS 67860 b     LRB103 37733 SPS 67860 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4661 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241220 ILCS 5/16-108.5 220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241 220 ILCS 5/16-108.5
220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241
220 ILCS 5/16-108.5
Amends the Public Utilities Act. Provides that no electric utility shall establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to or the use of its utility infrastructure by another person or for any other purpose. Amends the Electric Service Customer Choice and Rate Relief Law of 1997. Prohibits an electric utility in a county with a population of 3,000,000 or more from authorizing any other person or granting any other person the right, by agreement, lease, license, or otherwise, to access, control, use, or operate any electric utility's infrastructure, facilities, or assets of any kind or to deliver or provide to the electric utility's retail customers or any other person's customers, broadband services, Voice over Internet Protocol (VoIP) services, telecommunications services, or cable or video programming services. Specifies, however, that an electric utility in a county with a population of 3,000,000 or more may authorize or grant another person the right to access or use the electric utility's infrastructure, facilities, or assets, including, but not limited to, middle mile infrastructure, to facilitate the delivery of broadband services to Illinois residential and commercial customers on the condition that the access to and use of that electric utility's infrastructure, facilities, and assets (A) be granted on a non-discriminatory, non-exclusive, and competitively neutral basis; and (B) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that, if there is any dispute regarding the terms, rates, or conditions of access to or use of the electric utility's infrastructure, facilities, and assets to facilitate the delivery of broadband services to Illinois residential and commercial customers, then the Commission shall hear and decide the dispute upon petition of any party. Provides that nothing in the amendatory Act shall be construed to alter or diminish the rights or obligations of any person nor shall it be deemed to conflict with the federal Pole Attachment Act. Specifies that these prohibitions become inoperative after December 31, 2027. Defines terms. Effective immediately.
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A BILL FOR
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1  AN ACT concerning regulation.
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  Sections 9-241 and 16-108.5 as follows:
6  (220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241)
7  Sec. 9-241. Nondiscrimination.
8  (a) No public utility shall, as to rates or other charges,
9  services, facilities or in other respect, make or grant any
10  preference or advantage to any corporation or person or
11  subject any corporation or person to any prejudice or
12  disadvantage. No public utility shall establish or maintain
13  any unreasonable difference as to rates or other charges,
14  services, facilities, or in any other respect, either as
15  between localities or as between classes of service.
16  (b) No electric utility shall establish or maintain any
17  unreasonable difference as to rates or other charges,
18  services, contractual terms, or facilities for access to or
19  the use of its utility infrastructure by another person or for
20  any other purpose. Notwithstanding any other provision of law,
21  the Commission and its staff shall interpret this Section in
22  accordance with Article XVI of this Act.
23  (c) Nothing However, nothing in this Section shall be

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4661 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241220 ILCS 5/16-108.5 220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241 220 ILCS 5/16-108.5
220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241
220 ILCS 5/16-108.5
Amends the Public Utilities Act. Provides that no electric utility shall establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to or the use of its utility infrastructure by another person or for any other purpose. Amends the Electric Service Customer Choice and Rate Relief Law of 1997. Prohibits an electric utility in a county with a population of 3,000,000 or more from authorizing any other person or granting any other person the right, by agreement, lease, license, or otherwise, to access, control, use, or operate any electric utility's infrastructure, facilities, or assets of any kind or to deliver or provide to the electric utility's retail customers or any other person's customers, broadband services, Voice over Internet Protocol (VoIP) services, telecommunications services, or cable or video programming services. Specifies, however, that an electric utility in a county with a population of 3,000,000 or more may authorize or grant another person the right to access or use the electric utility's infrastructure, facilities, or assets, including, but not limited to, middle mile infrastructure, to facilitate the delivery of broadband services to Illinois residential and commercial customers on the condition that the access to and use of that electric utility's infrastructure, facilities, and assets (A) be granted on a non-discriminatory, non-exclusive, and competitively neutral basis; and (B) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that, if there is any dispute regarding the terms, rates, or conditions of access to or use of the electric utility's infrastructure, facilities, and assets to facilitate the delivery of broadband services to Illinois residential and commercial customers, then the Commission shall hear and decide the dispute upon petition of any party. Provides that nothing in the amendatory Act shall be construed to alter or diminish the rights or obligations of any person nor shall it be deemed to conflict with the federal Pole Attachment Act. Specifies that these prohibitions become inoperative after December 31, 2027. Defines terms. Effective immediately.
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A BILL FOR

 

 

220 ILCS 5/9-241 from Ch. 111 2/3, par. 9-241
220 ILCS 5/16-108.5



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1  construed as limiting the authority of the Commission to
2  permit the establishment of economic development rates as
3  incentives to economic development either in enterprise zones
4  as designated by the State of Illinois or in other areas of a
5  utility's service area. Such rates should be available to
6  existing businesses which demonstrate an increase to existing
7  load as well as new businesses which create new load for a
8  utility so as to create a more balanced utilization of
9  generating capacity. The Commission shall ensure that such
10  rates are established at a level which provides a net benefit
11  to customers within a public utility's service area.
12  (d) On or before January 1, 2023, the Commission shall
13  conduct a comprehensive study to assess whether low-income
14  discount rates for electric and natural gas residential
15  customers are appropriate and the potential design and
16  implementation of any such rates. The Commission shall include
17  its findings, together with the appropriate recommendations,
18  in a report to be provided to the General Assembly. Upon
19  completion of the study, the Commission shall have the
20  authority to permit or require electric and natural gas
21  utilities to file a tariff establishing low-income discount
22  rates.
23  Such study shall assess, at a minimum, the following:
24  (1) customer eligibility requirements, including
25  income-based eligibility and eligibility based on
26  participation in or eligibility for certain public

 

 

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1  assistance programs;
2  (2) appropriate rate structures, including
3  consideration of tiered discounts for different income
4  levels;
5  (3) appropriate recovery mechanisms, including the
6  consideration of volumetric charges and customer charges;
7  (4) appropriate verification mechanisms;
8  (5) measures to ensure customer confidentiality and
9  data safeguards;
10  (6) outreach and consumer education procedures; and
11  (7) the impact that a low-income discount rate would
12  have on the affordability of delivery service to
13  low-income customers and customers overall.
14  (e) The Commission shall adopt rules requiring utility
15  companies to produce information, in the form of a mailing,
16  and other approved methods of distribution, to its consumers,
17  to inform the consumers of available rebates, discounts,
18  credits, and other cost-saving mechanisms that can help them
19  lower their monthly utility bills, and send out such
20  information semi-annually, unless otherwise provided by this
21  Article.
22  (f) Prior to October 1, 1989, no public utility providing
23  electrical or gas service shall consider the use of solar or
24  other nonconventional renewable sources of energy by a
25  customer as a basis for establishing higher rates or charges
26  for any service or commodity sold to such customer; nor shall a

 

 

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1  public utility subject any customer utilizing such energy
2  source or sources to any other prejudice or disadvantage on
3  account of such use. No public utility shall without the
4  consent of the Commission, charge or receive any greater
5  compensation in the aggregate for a lesser commodity, product,
6  or service than for a greater commodity, product or service of
7  like character.
8  The Commission, in order to expedite the determination of
9  rate questions, or to avoid unnecessary and unreasonable
10  expense, or to avoid unjust or unreasonable discrimination
11  between classes of customers, or, whenever in the judgment of
12  the Commission public interest so requires, may, for rate
13  making and accounting purposes, or either of them, consider
14  one or more municipalities either with or without the adjacent
15  or intervening rural territory as a regional unit where the
16  same public utility serves such region under substantially
17  similar conditions, and may within such region prescribe
18  uniform rates for consumers or patrons of the same class.
19  Any public utility, with the consent and approval of the
20  Commission, may as a basis for the determination of the
21  charges made by it classify its service according to the
22  amount used, the time when used, the purpose for which used,
23  and other relevant factors.
24  (Source: P.A. 102-662, eff. 9-15-21.)
25  (220 ILCS 5/16-108.5)

 

 

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1  Sec. 16-108.5. Infrastructure investment and
2  modernization; regulatory reform.
3  (a) (Blank).
4  (b) For purposes of this Section, "participating utility"
5  means an electric utility or a combination utility serving
6  more than 1,000,000 customers in Illinois that voluntarily
7  elects and commits to undertake (i) the infrastructure
8  investment program consisting of the commitments and
9  obligations described in this subsection (b) and (ii) the
10  customer assistance program consisting of the commitments and
11  obligations described in subsection (b-10) of this Section,
12  notwithstanding any other provisions of this Act and without
13  obtaining any approvals from the Commission or any other
14  agency other than as set forth in this Section, regardless of
15  whether any such approval would otherwise be required.
16  "Combination utility" means a utility that, as of January 1,
17  2011, provided electric service to at least one million retail
18  customers in Illinois and gas service to at least 500,000
19  retail customers in Illinois. A participating utility shall
20  recover the expenditures made under the infrastructure
21  investment program through the ratemaking process, including,
22  but not limited to, the performance-based formula rate and
23  process set forth in this Section.
24  During the infrastructure investment program's peak
25  program year, a participating utility other than a combination
26  utility shall create 2,000 full-time equivalent jobs in

 

 

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1  Illinois, and a participating utility that is a combination
2  utility shall create 450 full-time equivalent jobs in Illinois
3  related to the provision of electric service. These jobs shall
4  include direct jobs, contractor positions, and induced jobs,
5  but shall not include any portion of a job commitment, not
6  specifically contingent on an amendatory Act of the 97th
7  General Assembly becoming law, between a participating utility
8  and a labor union that existed on December 30, 2011 (the
9  effective date of Public Act 97-646) and that has not yet been
10  fulfilled. A portion of the full-time equivalent jobs created
11  by each participating utility shall include incremental
12  personnel hired subsequent to December 30, 2011 (the effective
13  date of Public Act 97-646). For purposes of this Section,
14  "peak program year" means the consecutive 12-month period with
15  the highest number of full-time equivalent jobs that occurs
16  between the beginning of investment year 2 and the end of
17  investment year 4.
18  A participating utility shall meet one of the following
19  commitments, as applicable:
20  (1) Beginning no later than 180 days after a
21  participating utility other than a combination utility
22  files a performance-based formula rate tariff pursuant to
23  subsection (c) of this Section, or, beginning no later
24  than January 1, 2012 if such utility files such
25  performance-based formula rate tariff within 14 days of
26  October 26, 2011 (the effective date of Public Act

 

 

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1  97-616), the participating utility shall, except as
2  provided in subsection (b-5):
3  (A) over a 5-year period, invest an estimated
4  $1,300,000,000 in electric system upgrades,
5  modernization projects, and training facilities,
6  including, but not limited to:
7  (i) distribution infrastructure improvements
8  totaling an estimated $1,000,000,000, including
9  underground residential distribution cable
10  injection and replacement and mainline cable
11  system refurbishment and replacement projects;
12  (ii) training facility construction or upgrade
13  projects totaling an estimated $10,000,000,
14  provided that, at a minimum, one such facility
15  shall be located in a municipality having a
16  population of more than 2 million residents and
17  one such facility shall be located in a
18  municipality having a population of more than
19  150,000 residents but fewer than 170,000
20  residents; any such new facility located in a
21  municipality having a population of more than 2
22  million residents must be designed for the purpose
23  of obtaining, and the owner of the facility shall
24  apply for, certification under the United States
25  Green Building Council's Leadership in Energy
26  Efficiency Design Green Building Rating System;

 

 

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1  (iii) wood pole inspection, treatment, and
2  replacement programs;
3  (iv) an estimated $200,000,000 for reducing
4  the susceptibility of certain circuits to
5  storm-related damage, including, but not limited
6  to, high winds, thunderstorms, and ice storms;
7  improvements may include, but are not limited to,
8  overhead to underground conversion and other
9  engineered outcomes for circuits; the
10  participating utility shall prioritize the
11  selection of circuits based on each circuit's
12  historical susceptibility to storm-related damage
13  and the ability to provide the greatest customer
14  benefit upon completion of the improvements; to be
15  eligible for improvement, the participating
16  utility's ability to maintain proper tree
17  clearances surrounding the overhead circuit must
18  not have been impeded by third parties; and
19  (B) over a 10-year period, invest an estimated
20  $1,300,000,000 to upgrade and modernize its
21  transmission and distribution infrastructure and in
22  Smart Grid electric system upgrades, including, but
23  not limited to:
24  (i) additional smart meters;
25  (ii) distribution automation;
26  (iii) associated cyber secure data

 

 

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1  communication network; and
2  (iv) substation micro-processor relay
3  upgrades.
4  (2) Beginning no later than 180 days after a
5  participating utility that is a combination utility files
6  a performance-based formula rate tariff pursuant to
7  subsection (c) of this Section, or, beginning no later
8  than January 1, 2012 if such utility files such
9  performance-based formula rate tariff within 14 days of
10  October 26, 2011 (the effective date of Public Act
11  97-616), the participating utility shall, except as
12  provided in subsection (b-5):
13  (A) over a 10-year period, invest an estimated
14  $265,000,000 in electric system upgrades,
15  modernization projects, and training facilities,
16  including, but not limited to:
17  (i) distribution infrastructure improvements
18  totaling an estimated $245,000,000, which may
19  include bulk supply substations, transformers,
20  reconductoring, and rebuilding overhead
21  distribution and sub-transmission lines,
22  underground residential distribution cable
23  injection and replacement and mainline cable
24  system refurbishment and replacement projects;
25  (ii) training facility construction or upgrade
26  projects totaling an estimated $1,000,000; any

 

 

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1  such new facility must be designed for the purpose
2  of obtaining, and the owner of the facility shall
3  apply for, certification under the United States
4  Green Building Council's Leadership in Energy
5  Efficiency Design Green Building Rating System;
6  and
7  (iii) wood pole inspection, treatment, and
8  replacement programs; and
9  (B) over a 10-year period, invest an estimated
10  $360,000,000 to upgrade and modernize its transmission
11  and distribution infrastructure and in Smart Grid
12  electric system upgrades, including, but not limited
13  to:
14  (i) additional smart meters;
15  (ii) distribution automation;
16  (iii) associated cyber secure data
17  communication network; and
18  (iv) substation micro-processor relay
19  upgrades.
20  For purposes of this Section, "Smart Grid electric system
21  upgrades" shall have the meaning set forth in subsection (a)
22  of Section 16-108.6 of this Act.
23  The investments in the infrastructure investment program
24  described in this subsection (b) shall be incremental to the
25  participating utility's annual capital investment program, as
26  defined by, for purposes of this subsection (b), the

 

 

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1  participating utility's average capital spend for calendar
2  years 2008, 2009, and 2010 as reported in the applicable
3  Federal Energy Regulatory Commission (FERC) Form 1; provided
4  that where one or more utilities have merged, the average
5  capital spend shall be determined using the aggregate of the
6  merged utilities' capital spend reported in FERC Form 1 for
7  the years 2008, 2009, and 2010. A participating utility may
8  add reasonable construction ramp-up and ramp-down time to the
9  investment periods specified in this subsection (b). For each
10  such investment period, the ramp-up and ramp-down time shall
11  not exceed a total of 6 months.
12  Within 60 days after filing a tariff under subsection (c)
13  of this Section, a participating utility shall submit to the
14  Commission its plan, including scope, schedule, and staffing,
15  for satisfying its infrastructure investment program
16  commitments pursuant to this subsection (b). The submitted
17  plan shall include a schedule and staffing plan for the next
18  calendar year. The plan shall also include a plan for the
19  creation, operation, and administration of a Smart Grid test
20  bed as described in subsection (c) of Section 16-108.8. The
21  plan need not allocate the work equally over the respective
22  periods, but should allocate material increments throughout
23  such periods commensurate with the work to be undertaken. No
24  later than April 1 of each subsequent year, the utility shall
25  submit to the Commission a report that includes any updates to
26  the plan, a schedule for the next calendar year, the

 

 

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1  expenditures made for the prior calendar year and
2  cumulatively, and the number of full-time equivalent jobs
3  created for the prior calendar year and cumulatively. If the
4  utility is materially deficient in satisfying a schedule or
5  staffing plan, then the report must also include a corrective
6  action plan to address the deficiency. The fact that the plan,
7  implementation of the plan, or a schedule changes shall not
8  imply the imprudence or unreasonableness of the infrastructure
9  investment program, plan, or schedule. Further, no later than
10  45 days following the last day of the first, second, and third
11  quarters of each year of the plan, a participating utility
12  shall submit to the Commission a verified quarterly report for
13  the prior quarter that includes (i) the total number of
14  full-time equivalent jobs created during the prior quarter,
15  (ii) the total number of employees as of the last day of the
16  prior quarter, (iii) the total number of full-time equivalent
17  hours in each job classification or job title, (iv) the total
18  number of incremental employees and contractors in support of
19  the investments undertaken pursuant to this subsection (b) for
20  the prior quarter, and (v) any other information that the
21  Commission may require by rule.
22  With respect to the participating utility's peak job
23  commitment, if, after considering the utility's corrective
24  action plan and compliance thereunder, the Commission enters
25  an order finding, after notice and hearing, that a
26  participating utility did not satisfy its peak job commitment

 

 

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1  described in this subsection (b) for reasons that are
2  reasonably within its control, then the Commission shall also
3  determine, after consideration of the evidence, including, but
4  not limited to, evidence submitted by the Department of
5  Commerce and Economic Opportunity and the utility, the
6  deficiency in the number of full-time equivalent jobs during
7  the peak program year due to such failure. The Commission
8  shall notify the Department of any proceeding that is
9  initiated pursuant to this paragraph. For each full-time
10  equivalent job deficiency during the peak program year that
11  the Commission finds as set forth in this paragraph, the
12  participating utility shall, within 30 days after the entry of
13  the Commission's order, pay $6,000 to a fund for training
14  grants administered under Section 605-800 of the Department of
15  Commerce and Economic Opportunity Law, which shall not be a
16  recoverable expense.
17  With respect to the participating utility's investment
18  amount commitments, if, after considering the utility's
19  corrective action plan and compliance thereunder, the
20  Commission enters an order finding, after notice and hearing,
21  that a participating utility is not satisfying its investment
22  amount commitments described in this subsection (b), then the
23  utility shall no longer be eligible to annually update the
24  performance-based formula rate tariff pursuant to subsection
25  (d) of this Section. In such event, the then current rates
26  shall remain in effect until such time as new rates are set

 

 

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1  pursuant to Article IX of this Act, subject to retroactive
2  adjustment, with interest, to reconcile rates charged with
3  actual costs.
4  If the Commission finds that a participating utility is no
5  longer eligible to update the performance-based formula rate
6  tariff pursuant to subsection (d) of this Section, or the
7  performance-based formula rate is otherwise terminated, then
8  the participating utility's voluntary commitments and
9  obligations under this subsection (b) shall immediately
10  terminate, except for the utility's obligation to pay an
11  amount already owed to the fund for training grants pursuant
12  to a Commission order.
13  In meeting the obligations of this subsection (b), to the
14  extent feasible and consistent with State and federal law, the
15  investments under the infrastructure investment program should
16  provide employment opportunities for all segments of the
17  population and workforce, including minority-owned and
18  female-owned business enterprises, and shall not, consistent
19  with State and federal law, discriminate based on race or
20  socioeconomic status.
21  (b-5) Nothing in this Section shall prohibit the
22  Commission from investigating the prudence and reasonableness
23  of the expenditures made under the infrastructure investment
24  program during the annual review required by subsection (d) of
25  this Section and shall, as part of such investigation,
26  determine whether the utility's actual costs under the program

 

 

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1  are prudent and reasonable. The fact that a participating
2  utility invests more than the minimum amounts specified in
3  subsection (b) of this Section or its plan shall not imply
4  imprudence or unreasonableness.
5  If the participating utility finds that it is implementing
6  its plan for satisfying the infrastructure investment program
7  commitments described in subsection (b) of this Section at a
8  cost below the estimated amounts specified in subsection (b)
9  of this Section, then the utility may file a petition with the
10  Commission requesting that it be permitted to satisfy its
11  commitments by spending less than the estimated amounts
12  specified in subsection (b) of this Section. The Commission
13  shall, after notice and hearing, enter its order approving, or
14  approving as modified, or denying each such petition within
15  150 days after the filing of the petition.
16  In no event, absent General Assembly approval, shall the
17  capital investment costs incurred by a participating utility
18  other than a combination utility in satisfying its
19  infrastructure investment program commitments described in
20  subsection (b) of this Section exceed $3,000,000,000 or, for a
21  participating utility that is a combination utility,
22  $720,000,000. If the participating utility's updated cost
23  estimates for satisfying its infrastructure investment program
24  commitments described in subsection (b) of this Section exceed
25  the limitation imposed by this subsection (b-5), then it shall
26  submit a report to the Commission that identifies the

 

 

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1  increased costs and explains the reason or reasons for the
2  increased costs no later than the year in which the utility
3  estimates it will exceed the limitation. The Commission shall
4  review the report and shall, within 90 days after the
5  participating utility files the report, report to the General
6  Assembly its findings regarding the participating utility's
7  report. If the General Assembly does not amend the limitation
8  imposed by this subsection (b-5), then the utility may modify
9  its plan so as not to exceed the limitation imposed by this
10  subsection (b-5) and may propose corresponding changes to the
11  metrics established pursuant to subparagraphs (5) through (8)
12  of subsection (f) of this Section, and the Commission may
13  modify the metrics and incremental savings goals established
14  pursuant to subsection (f) of this Section accordingly.
15  (b-10) All participating utilities shall make
16  contributions for an energy low-income and support program in
17  accordance with this subsection. Beginning no later than 180
18  days after a participating utility files a performance-based
19  formula rate tariff pursuant to subsection (c) of this
20  Section, or beginning no later than January 1, 2012 if such
21  utility files such performance-based formula rate tariff
22  within 14 days of December 30, 2011 (the effective date of
23  Public Act 97-646), and without obtaining any approvals from
24  the Commission or any other agency other than as set forth in
25  this Section, regardless of whether any such approval would
26  otherwise be required, a participating utility other than a

 

 

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1  combination utility shall pay $10,000,000 per year for 5 years
2  and a participating utility that is a combination utility
3  shall pay $1,000,000 per year for 10 years to the energy
4  low-income and support program, which is intended to fund
5  customer assistance programs with the primary purpose being
6  avoidance of imminent disconnection. Such programs may
7  include:
8  (1) a residential hardship program that may partner
9  with community-based organizations, including senior
10  citizen organizations, and provides grants to low-income
11  residential customers, including low-income senior
12  citizens, who demonstrate a hardship;
13  (2) a program that provides grants and other bill
14  payment concessions to veterans with disabilities who
15  demonstrate a hardship and members of the armed services
16  or reserve forces of the United States or members of the
17  Illinois National Guard who are on active duty pursuant to
18  an executive order of the President of the United States,
19  an act of the Congress of the United States, or an order of
20  the Governor and who demonstrate a hardship;
21  (3) a budget assistance program that provides tools
22  and education to low-income senior citizens to assist them
23  with obtaining information regarding energy usage and
24  effective means of managing energy costs;
25  (4) a non-residential special hardship program that
26  provides grants to non-residential customers such as small

 

 

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1  businesses and non-profit organizations that demonstrate a
2  hardship, including those providing services to senior
3  citizen and low-income customers; and
4  (5) a performance-based assistance program that
5  provides grants to encourage residential customers to make
6  on-time payments by matching a portion of the customer's
7  payments or providing credits towards arrearages.
8  The payments made by a participating utility pursuant to
9  this subsection (b-10) shall not be a recoverable expense. A
10  participating utility may elect to fund either new or existing
11  customer assistance programs, including, but not limited to,
12  those that are administered by the utility.
13  Programs that use funds that are provided by a
14  participating utility to reduce utility bills may be
15  implemented through tariffs that are filed with and reviewed
16  by the Commission. If a utility elects to file tariffs with the
17  Commission to implement all or a portion of the programs,
18  those tariffs shall, regardless of the date actually filed, be
19  deemed accepted and approved, and shall become effective on
20  December 30, 2011 (the effective date of Public Act 97-646).
21  The participating utilities whose customers benefit from the
22  funds that are disbursed as contemplated in this Section shall
23  file annual reports documenting the disbursement of those
24  funds with the Commission. The Commission has the authority to
25  audit disbursement of the funds to ensure they were disbursed
26  consistently with this Section.

 

 

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1  If the Commission finds that a participating utility is no
2  longer eligible to update the performance-based formula rate
3  tariff pursuant to subsection (d) of this Section, or the
4  performance-based formula rate is otherwise terminated, then
5  the participating utility's voluntary commitments and
6  obligations under this subsection (b-10) shall immediately
7  terminate.
8  (c) A participating utility may elect to recover its
9  delivery services costs through a performance-based formula
10  rate approved by the Commission, which shall specify the cost
11  components that form the basis of the rate charged to
12  customers with sufficient specificity to operate in a
13  standardized manner and be updated annually with transparent
14  information that reflects the utility's actual costs to be
15  recovered during the applicable rate year, which is the period
16  beginning with the first billing day of January and extending
17  through the last billing day of the following December. In the
18  event the utility recovers a portion of its costs through
19  automatic adjustment clause tariffs on October 26, 2011 (the
20  effective date of Public Act 97-616), the utility may elect to
21  continue to recover these costs through such tariffs, but then
22  these costs shall not be recovered through the
23  performance-based formula rate. In the event the participating
24  utility, prior to December 30, 2011 (the effective date of
25  Public Act 97-646), filed electric delivery services tariffs
26  with the Commission pursuant to Section 9-201 of this Act that

 

 

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1  are related to the recovery of its electric delivery services
2  costs that are still pending on December 30, 2011 (the
3  effective date of Public Act 97-646), the participating
4  utility shall, at the time it files its performance-based
5  formula rate tariff with the Commission, also file a notice of
6  withdrawal with the Commission to withdraw the electric
7  delivery services tariffs previously filed pursuant to Section
8  9-201 of this Act. Upon receipt of such notice, the Commission
9  shall dismiss with prejudice any docket that had been
10  initiated to investigate the electric delivery services
11  tariffs filed pursuant to Section 9-201 of this Act, and such
12  tariffs and the record related thereto shall not be the
13  subject of any further hearing, investigation, or proceeding
14  of any kind related to rates for electric delivery services.
15  The performance-based formula rate shall be implemented
16  through a tariff filed with the Commission consistent with the
17  provisions of this subsection (c) that shall be applicable to
18  all delivery services customers. The Commission shall initiate
19  and conduct an investigation of the tariff in a manner
20  consistent with the provisions of this subsection (c) and the
21  provisions of Article IX of this Act to the extent they do not
22  conflict with this subsection (c). Except in the case where
23  the Commission finds, after notice and hearing, that a
24  participating utility is not satisfying its investment amount
25  commitments under subsection (b) of this Section, the
26  performance-based formula rate shall remain in effect at the

 

 

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1  discretion of the utility. The performance-based formula rate
2  approved by the Commission shall do the following:
3  (1) Provide for the recovery of the utility's actual
4  costs of delivery services that are prudently incurred and
5  reasonable in amount consistent with Commission practice
6  and law. The sole fact that a cost differs from that
7  incurred in a prior calendar year or that an investment is
8  different from that made in a prior calendar year shall
9  not imply the imprudence or unreasonableness of that cost
10  or investment.
11  (2) Reflect the utility's actual year-end capital
12  structure for the applicable calendar year, excluding
13  goodwill, subject to a determination of prudence and
14  reasonableness consistent with Commission practice and
15  law. To enable the financing of the incremental capital
16  expenditures, including regulatory assets, for electric
17  utilities that serve less than 3,000,000 retail customers
18  but more than 500,000 retail customers in the State, a
19  participating electric utility's actual year-end capital
20  structure that includes a common equity ratio, excluding
21  goodwill, of up to and including 50% of the total capital
22  structure shall be deemed reasonable and used to set
23  rates.
24  (3) Include a cost of equity, which shall be
25  calculated as the sum of the following:
26  (A) the average for the applicable calendar year

 

 

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1  of the monthly average yields of 30-year U.S. Treasury
2  bonds published by the Board of Governors of the
3  Federal Reserve System in its weekly H.15 Statistical
4  Release or successor publication; and
5  (B) 580 basis points.
6  At such time as the Board of Governors of the Federal
7  Reserve System ceases to include the monthly average
8  yields of 30-year U.S. Treasury bonds in its weekly H.15
9  Statistical Release or successor publication, the monthly
10  average yields of the U.S. Treasury bonds then having the
11  longest duration published by the Board of Governors in
12  its weekly H.15 Statistical Release or successor
13  publication shall instead be used for purposes of this
14  paragraph (3).
15  (4) Permit and set forth protocols, subject to a
16  determination of prudence and reasonableness consistent
17  with Commission practice and law, for the following:
18  (A) recovery of incentive compensation expense
19  that is based on the achievement of operational
20  metrics, including metrics related to budget controls,
21  outage duration and frequency, safety, customer
22  service, efficiency and productivity, and
23  environmental compliance. Incentive compensation
24  expense that is based on net income or an affiliate's
25  earnings per share shall not be recoverable under the
26  performance-based formula rate;

 

 

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1  (B) recovery of pension and other post-employment
2  benefits expense, provided that such costs are
3  supported by an actuarial study;
4  (C) recovery of severance costs, provided that if
5  the amount is over $3,700,000 for a participating
6  utility that is a combination utility or $10,000,000
7  for a participating utility that serves more than 3
8  million retail customers, then the full amount shall
9  be amortized consistent with subparagraph (F) of this
10  paragraph (4);
11  (D) investment return at a rate equal to the
12  utility's weighted average cost of long-term debt, on
13  the pension assets as, and in the amount, reported in
14  Account 186 (or in such other Account or Accounts as
15  such asset may subsequently be recorded) of the
16  utility's most recently filed FERC Form 1, net of
17  deferred tax benefits;
18  (E) recovery of the expenses related to the
19  Commission proceeding under this subsection (c) to
20  approve this performance-based formula rate and
21  initial rates or to subsequent proceedings related to
22  the formula, provided that the recovery shall be
23  amortized over a 3-year period; recovery of expenses
24  related to the annual Commission proceedings under
25  subsection (d) of this Section to review the inputs to
26  the performance-based formula rate shall be expensed

 

 

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1  and recovered through the performance-based formula
2  rate;
3  (F) amortization over a 5-year period of the full
4  amount of each charge or credit that exceeds
5  $3,700,000 for a participating utility that is a
6  combination utility or $10,000,000 for a participating
7  utility that serves more than 3 million retail
8  customers in the applicable calendar year and that
9  relates to a workforce reduction program's severance
10  costs, changes in accounting rules, changes in law,
11  compliance with any Commission-initiated audit, or a
12  single storm or other similar expense, provided that
13  any unamortized balance shall be reflected in the rate
14  base. For purposes of this subparagraph (F), changes
15  in law includes any enactment, repeal, or amendment in
16  a law, ordinance, rule, regulation, interpretation,
17  permit, license, consent, or order, including those
18  relating to taxes, accounting, or to environmental
19  matters, or in the interpretation or application
20  thereof by any governmental authority occurring after
21  October 26, 2011 (the effective date of Public Act
22  97-616);
23  (G) recovery of existing regulatory assets over
24  the periods previously authorized by the Commission;
25  (H) historical weather normalized billing
26  determinants; and

 

 

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

 

 

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

 

 

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1  year, beginning with the calendar year in which the
2  utility files its performance-based formula rate tariff
3  pursuant to subsection (c) of this Section, with what the
4  revenue requirement would have been had the actual cost
5  information for the applicable calendar year been
6  available at the filing date.
7  The utility shall file, together with its tariff, final
8  data based on its most recently filed FERC Form 1, plus
9  projected plant additions and correspondingly updated
10  depreciation reserve and expense for the calendar year in
11  which the tariff and data are filed, that shall populate the
12  performance-based formula rate and set the initial delivery
13  services rates under the formula. For purposes of this
14  Section, "FERC Form 1" means the Annual Report of Major
15  Electric Utilities, Licensees and Others that electric
16  utilities are required to file with the Federal Energy
17  Regulatory Commission under the Federal Power Act, Sections 3,
18  4(a), 304 and 209, modified as necessary to be consistent with
19  83 Ill. Adm. Code Part 415 as of May 1, 2011. Nothing in this
20  Section is intended to allow costs that are not otherwise
21  recoverable to be recoverable by virtue of inclusion in FERC
22  Form 1.
23  After the utility files its proposed performance-based
24  formula rate structure and protocols and initial rates, the
25  Commission shall initiate a docket to review the filing. The
26  Commission shall enter an order approving, or approving as

 

 

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1  modified, the performance-based formula rate, including the
2  initial rates, as just and reasonable within 270 days after
3  the date on which the tariff was filed, or, if the tariff is
4  filed within 14 days after October 26, 2011 (the effective
5  date of Public Act 97-616), then by May 31, 2012. Such review
6  shall be based on the same evidentiary standards, including,
7  but not limited to, those concerning the prudence and
8  reasonableness of the costs incurred by the utility, the
9  Commission applies in a hearing to review a filing for a
10  general increase in rates under Article IX of this Act. The
11  initial rates shall take effect within 30 days after the
12  Commission's order approving the performance-based formula
13  rate tariff.
14  Until such time as the Commission approves a different
15  rate design and cost allocation pursuant to subsection (e) of
16  this Section, rate design and cost allocation across customer
17  classes shall be consistent with the Commission's most recent
18  order regarding the participating utility's request for a
19  general increase in its delivery services rates.
20  Subsequent changes to the performance-based formula rate
21  structure or protocols shall be made as set forth in Section
22  9-201 of this Act, but nothing in this subsection (c) is
23  intended to limit the Commission's authority under Article IX
24  and other provisions of this Act to initiate an investigation
25  of a participating utility's performance-based formula rate
26  tariff, provided that any such changes shall be consistent

 

 

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1  with paragraphs (1) through (6) of this subsection (c). Any
2  change ordered by the Commission shall be made at the same time
3  new rates take effect following the Commission's next order
4  pursuant to subsection (d) of this Section, provided that the
5  new rates take effect no less than 30 days after the date on
6  which the Commission issues an order adopting the change.
7  A participating utility that files a tariff pursuant to
8  this subsection (c) must submit a one-time $200,000 filing fee
9  at the time the Chief Clerk of the Commission accepts the
10  filing, which shall be a recoverable expense.
11  In the event the performance-based formula rate is
12  terminated, the then current rates shall remain in effect
13  until such time as new rates are set pursuant to Article IX of
14  this Act, subject to retroactive rate adjustment, with
15  interest, to reconcile rates charged with actual costs. At
16  such time that the performance-based formula rate is
17  terminated, the participating utility's voluntary commitments
18  and obligations under subsection (b) of this Section shall
19  immediately terminate, except for the utility's obligation to
20  pay an amount already owed to the fund for training grants
21  pursuant to a Commission order issued under subsection (b) of
22  this Section.
23  (d) Subsequent to the Commission's issuance of an order
24  approving the utility's performance-based formula rate
25  structure and protocols, and initial rates under subsection
26  (c) of this Section, the utility shall file, on or before May 1

 

 

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1  of each year, with the Chief Clerk of the Commission its
2  updated cost inputs to the performance-based formula rate for
3  the applicable rate year and the corresponding new charges.
4  Each such filing shall conform to the following requirements
5  and include the following information:
6  (1) The inputs to the performance-based formula rate
7  for the applicable rate year shall be based on final
8  historical data reflected in the utility's most recently
9  filed annual FERC Form 1 plus projected plant additions
10  and correspondingly updated depreciation reserve and
11  expense for the calendar year in which the inputs are
12  filed. The filing shall also include a reconciliation of
13  the revenue requirement that was in effect for the prior
14  rate year (as set by the cost inputs for the prior rate
15  year) with the actual revenue requirement for the prior
16  rate year (determined using a year-end rate base) that
17  uses amounts reflected in the applicable FERC Form 1 that
18  reports the actual costs for the prior rate year. Any
19  over-collection or under-collection indicated by such
20  reconciliation shall be reflected as a credit against, or
21  recovered as an additional charge to, respectively, with
22  interest calculated at a rate equal to the utility's
23  weighted average cost of capital approved by the
24  Commission for the prior rate year, the charges for the
25  applicable rate year. Provided, however, that the first
26  such reconciliation shall be for the calendar year in

 

 

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1  which the utility files its performance-based formula rate
2  tariff pursuant to subsection (c) of this Section and
3  shall reconcile (i) the revenue requirement or
4  requirements established by the rate order or orders in
5  effect from time to time during such calendar year
6  (weighted, as applicable) with (ii) the revenue
7  requirement determined using a year-end rate base for that
8  calendar year calculated pursuant to the performance-based
9  formula rate using (A) actual costs for that year as
10  reflected in the applicable FERC Form 1, and (B) for the
11  first such reconciliation only, the cost of equity, which
12  shall be calculated as the sum of 590 basis points plus the
13  average for the applicable calendar year of the monthly
14  average yields of 30-year U.S. Treasury bonds published by
15  the Board of Governors of the Federal Reserve System in
16  its weekly H.15 Statistical Release or successor
17  publication. The first such reconciliation is not intended
18  to provide for the recovery of costs previously excluded
19  from rates based on a prior Commission order finding of
20  imprudence or unreasonableness. Each reconciliation shall
21  be certified by the participating utility in the same
22  manner that FERC Form 1 is certified. The filing shall
23  also include the charge or credit, if any, resulting from
24  the calculation required by paragraph (6) of subsection
25  (c) of this Section.
26  Notwithstanding anything that may be to the contrary,

 

 

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1  the intent of the reconciliation is to ultimately
2  reconcile the revenue requirement reflected in rates for
3  each calendar year, beginning with the calendar year in
4  which the utility files its performance-based formula rate
5  tariff pursuant to subsection (c) of this Section, with
6  what the revenue requirement determined using a year-end
7  rate base for the applicable calendar year would have been
8  had the actual cost information for the applicable
9  calendar year been available at the filing date.
10  (2) The new charges shall take effect beginning on the
11  first billing day of the following January billing period
12  and remain in effect through the last billing day of the
13  next December billing period regardless of whether the
14  Commission enters upon a hearing pursuant to this
15  subsection (d).
16  (3) The filing shall include relevant and necessary
17  data and documentation for the applicable rate year that
18  is consistent with the Commission's rules applicable to a
19  filing for a general increase in rates or any rules
20  adopted by the Commission to implement this Section.
21  Normalization adjustments shall not be required.
22  Notwithstanding any other provision of this Section or Act
23  or any rule or other requirement adopted by the
24  Commission, a participating utility that is a combination
25  utility with more than one rate zone shall not be required
26  to file a separate set of such data and documentation for

 

 

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1  each rate zone and may combine such data and documentation
2  into a single set of schedules.
3  Within 45 days after the utility files its annual update
4  of cost inputs to the performance-based formula rate, the
5  Commission shall have the authority, either upon complaint or
6  its own initiative, but with reasonable notice, to enter upon
7  a hearing concerning the prudence and reasonableness of the
8  costs incurred by the utility to be recovered during the
9  applicable rate year that are reflected in the inputs to the
10  performance-based formula rate derived from the utility's FERC
11  Form 1. During the course of the hearing, each objection shall
12  be stated with particularity and evidence provided in support
13  thereof, after which the utility shall have the opportunity to
14  rebut the evidence. Discovery shall be allowed consistent with
15  the Commission's Rules of Practice, which Rules shall be
16  enforced by the Commission or the assigned administrative law
17  judge. The Commission shall apply the same evidentiary
18  standards, including, but not limited to, those concerning the
19  prudence and reasonableness of the costs incurred by the
20  utility, in the hearing as it would apply in a hearing to
21  review a filing for a general increase in rates under Article
22  IX of this Act. The Commission shall not, however, have the
23  authority in a proceeding under this subsection (d) to
24  consider or order any changes to the structure or protocols of
25  the performance-based formula rate approved pursuant to
26  subsection (c) of this Section. In a proceeding under this

 

 

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1  subsection (d), the Commission shall enter its order no later
2  than the earlier of 240 days after the utility's filing of its
3  annual update of cost inputs to the performance-based formula
4  rate or December 31. The Commission's determinations of the
5  prudence and reasonableness of the costs incurred for the
6  applicable calendar year shall be final upon entry of the
7  Commission's order and shall not be subject to reopening,
8  reexamination, or collateral attack in any other Commission
9  proceeding, case, docket, order, rule or regulation, provided,
10  however, that nothing in this subsection (d) shall prohibit a
11  party from petitioning the Commission to rehear or appeal to
12  the courts the order pursuant to the provisions of this Act.
13  In the event the Commission does not, either upon
14  complaint or its own initiative, enter upon a hearing within
15  45 days after the utility files the annual update of cost
16  inputs to its performance-based formula rate, then the costs
17  incurred for the applicable calendar year shall be deemed
18  prudent and reasonable, and the filed charges shall not be
19  subject to reopening, reexamination, or collateral attack in
20  any other proceeding, case, docket, order, rule, or
21  regulation.
22  A participating utility's first filing of the updated cost
23  inputs, and any Commission investigation of such inputs
24  pursuant to this subsection (d) shall proceed notwithstanding
25  the fact that the Commission's investigation under subsection
26  (c) of this Section is still pending and notwithstanding any

 

 

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1  other law, order, rule, or Commission practice to the
2  contrary.
3  (e) Nothing in subsections (c) or (d) of this Section
4  shall prohibit the Commission from investigating, or a
5  participating utility from filing, revenue-neutral tariff
6  changes related to rate design of a performance-based formula
7  rate that has been placed into effect for the utility.
8  Following approval of a participating utility's
9  performance-based formula rate tariff pursuant to subsection
10  (c) of this Section, the utility shall make a filing with the
11  Commission within one year after the effective date of the
12  performance-based formula rate tariff that proposes changes to
13  the tariff to incorporate the findings of any final rate
14  design orders of the Commission applicable to the
15  participating utility and entered subsequent to the
16  Commission's approval of the tariff. The Commission shall,
17  after notice and hearing, enter its order approving, or
18  approving with modification, the proposed changes to the
19  performance-based formula rate tariff within 240 days after
20  the utility's filing. Following such approval, the utility
21  shall make a filing with the Commission during each subsequent
22  3-year period that either proposes revenue-neutral tariff
23  changes or re-files the existing tariffs without change, which
24  shall present the Commission with an opportunity to suspend
25  the tariffs and consider revenue-neutral tariff changes
26  related to rate design.

 

 

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1  (f) Within 30 days after the filing of a tariff pursuant to
2  subsection (c) of this Section, each participating utility
3  shall develop and file with the Commission multi-year metrics
4  designed to achieve, ratably (i.e., in equal segments) over a
5  10-year period, improvement over baseline performance values
6  as follows:
7  (1) Twenty percent improvement in the System Average
8  Interruption Frequency Index, using a baseline of the
9  average of the data from 2001 through 2010.
10  (2) Fifteen percent improvement in the system Customer
11  Average Interruption Duration Index, using a baseline of
12  the average of the data from 2001 through 2010.
13  (3) For a participating utility other than a
14  combination utility, 20% improvement in the System Average
15  Interruption Frequency Index for its Southern Region,
16  using a baseline of the average of the data from 2001
17  through 2010. For purposes of this paragraph (3), Southern
18  Region shall have the meaning set forth in the
19  participating utility's most recent report filed pursuant
20  to Section 16-125 of this Act.
21  (3.5) For a participating utility other than a
22  combination utility, 20% improvement in the System Average
23  Interruption Frequency Index for its Northeastern Region,
24  using a baseline of the average of the data from 2001
25  through 2010. For purposes of this paragraph (3.5),
26  Northeastern Region shall have the meaning set forth in

 

 

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1  the participating utility's most recent report filed
2  pursuant to Section 16-125 of this Act.
3  (4) Seventy-five percent improvement in the total
4  number of customers who exceed the service reliability
5  targets as set forth in subparagraphs (A) through (C) of
6  paragraph (4) of subsection (b) of 83 Ill. Adm. Code
7  411.140 as of May 1, 2011, using 2010 as the baseline year.
8  (5) Reduction in issuance of estimated electric bills:
9  90% improvement for a participating utility other than a
10  combination utility, and 56% improvement for a
11  participating utility that is a combination utility, using
12  a baseline of the average number of estimated bills for
13  the years 2008 through 2010.
14  (6) Consumption on inactive meters: 90% improvement
15  for a participating utility other than a combination
16  utility, and 56% improvement for a participating utility
17  that is a combination utility, using a baseline of the
18  average unbilled kilowatthours for the years 2009 and
19  2010.
20  (7) Unaccounted for energy: 50% improvement for a
21  participating utility other than a combination utility
22  using a baseline of the non-technical line loss
23  unaccounted for energy kilowatthours for the year 2009.
24  (8) Uncollectible expense: reduce uncollectible
25  expense by at least $30,000,000 for a participating
26  utility other than a combination utility and by at least

 

 

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1  $3,500,000 for a participating utility that is a
2  combination utility, using a baseline of the average
3  uncollectible expense for the years 2008 through 2010.
4  (9) Opportunities for minority-owned and female-owned
5  business enterprises: design a performance metric
6  regarding the creation of opportunities for minority-owned
7  and female-owned business enterprises consistent with
8  State and federal law using a base performance value of
9  the percentage of the participating utility's capital
10  expenditures that were paid to minority-owned and
11  female-owned business enterprises in 2010.
12  The definitions set forth in 83 Ill. Adm. Code 411.20 as of
13  May 1, 2011 shall be used for purposes of calculating
14  performance under paragraphs (1) through (3.5) of this
15  subsection (f), provided, however, that the participating
16  utility may exclude up to 9 extreme weather event days from
17  such calculation for each year, and provided further that the
18  participating utility shall exclude 9 extreme weather event
19  days when calculating each year of the baseline period to the
20  extent that there are 9 such days in a given year of the
21  baseline period. For purposes of this Section, an extreme
22  weather event day is a 24-hour calendar day (beginning at
23  12:00 a.m. and ending at 11:59 p.m.) during which any weather
24  event (e.g., storm, tornado) caused interruptions for 10,000
25  or more of the participating utility's customers for 3 hours
26  or more. If there are more than 9 extreme weather event days in

 

 

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1  a year, then the utility may choose no more than 9 extreme
2  weather event days to exclude, provided that the same extreme
3  weather event days are excluded from each of the calculations
4  performed under paragraphs (1) through (3.5) of this
5  subsection (f).
6  The metrics shall include incremental performance goals
7  for each year of the 10-year period, which shall be designed to
8  demonstrate that the utility is on track to achieve the
9  performance goal in each category at the end of the 10-year
10  period. The utility shall elect when the 10-year period shall
11  commence for the metrics set forth in subparagraphs (1)
12  through (4) and (9) of this subsection (f), provided that it
13  begins no later than 14 months following the date on which the
14  utility begins investing pursuant to subsection (b) of this
15  Section, and when the 10-year period shall commence for the
16  metrics set forth in subparagraphs (5) through (8) of this
17  subsection (f), provided that it begins no later than 14
18  months following the date on which the Commission enters its
19  order approving the utility's Advanced Metering Infrastructure
20  Deployment Plan pursuant to subsection (c) of Section 16-108.6
21  of this Act.
22  The metrics and performance goals set forth in
23  subparagraphs (5) through (8) of this subsection (f) are based
24  on the assumptions that the participating utility may fully
25  implement the technology described in subsection (b) of this
26  Section, including utilizing the full functionality of such

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1  adjustments to actual charges (other than as specified for
2  energy efficiency) as an input.
3  In the event that the average annual increase exceeds 2.5%
4  as calculated pursuant to this subsection (g), then Sections
5  16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
6  than this subsection, shall be inoperative as they relate to
7  the utility and its service area as of the date of the report
8  due to be submitted pursuant to this subsection and the
9  utility shall no longer be eligible to annually update the
10  performance-based formula rate tariff pursuant to subsection
11  (d) of this Section. In such event, the then current rates
12  shall remain in effect until such time as new rates are set
13  pursuant to Article IX of this Act, subject to retroactive
14  adjustment, with interest, to reconcile rates charged with
15  actual costs, and the participating utility's voluntary
16  commitments and obligations under subsection (b) of this
17  Section shall immediately terminate, except for the utility's
18  obligation to pay an amount already owed to the fund for
19  training grants pursuant to a Commission order issued under
20  subsection (b) of this Section.
21  In the event that the average annual increase is 2.5% or
22  less as calculated pursuant to this subsection (g), then the
23  performance-based formula rate shall remain in effect as set
24  forth in this Section.
25  For purposes of this Section, the amount per kilowatthour
26  means the total amount paid for electric service expressed on

 

 

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1  a per kilowatthour basis, and the total amount paid for
2  electric service includes without limitation amounts paid for
3  supply, transmission, distribution, surcharges, and add-on
4  taxes exclusive of any increases in taxes or new taxes imposed
5  after October 26, 2011 (the effective date of Public Act
6  97-616). For purposes of this Section, "eligible retail
7  customers" shall have the meaning set forth in Section
8  16-111.5 of this Act.
9  The fact that this Section becomes inoperative as set
10  forth in this subsection shall not be construed to mean that
11  the Commission may reexamine or otherwise reopen prudence or
12  reasonableness determinations already made.
13  (h) By December 31, 2017, the Commission shall prepare and
14  file with the General Assembly a report on the infrastructure
15  program and the performance-based formula rate. The report
16  shall include the change in the average amount per
17  kilowatthour paid by residential customers between June 1,
18  2011 and May 31, 2017. If the change in the total average rate
19  paid exceeds 2.5% compounded annually, the Commission shall
20  include in the report an analysis that shows the portion of the
21  change due to the delivery services component and the portion
22  of the change due to the supply component of the rate. The
23  report shall include separate sections for each participating
24  utility.
25  The provisions of Sections 16-108.5, 16-108.6, 16-108.7,
26  and 16-108.8 of this Act and the provisions of this Section,

 

 

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1  other than this subsection (h) and subsection (i) of this
2  Section, are inoperative after December 31, 2022 for every
3  participating utility, after which time a participating
4  utility shall no longer be eligible to annually update the
5  performance-based formula rate tariff pursuant to subsection
6  (d) of this Section. At such time, the then current rates shall
7  remain in effect until such time as new rates are set pursuant
8  to Article IX of this Act, subject to retroactive adjustment,
9  with interest, to reconcile rates charged with actual costs.
10  The fact that this Section becomes inoperative as set
11  forth in this subsection shall not be construed to mean that
12  the Commission may reexamine or otherwise reopen prudence or
13  reasonableness determinations already made.
14  (i) The provisions of this subsection (i) are inoperative
15  after December 31, 2027.
16  While an electric a participating utility may use,
17  develop, and maintain broadband systems and the delivery of
18  broadband services, Voice over Internet Protocol (VoIP)
19  voice-over-internet-protocol services, telecommunications
20  services, and cable or and video programming services for use
21  in providing delivery services and Smart Grid functionality or
22  application to its retail customers, an electric including,
23  but not limited to, the installation, implementation and
24  maintenance of Smart Grid electric system upgrades as defined
25  in Section 16-108.6 of this Act, a participating utility is
26  prohibited from providing to its retail customers broadband

 

 

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1  services, Voice over Internet Protocol (VoIP)
2  voice-over-internet-protocol services, telecommunications
3  services, or cable or video programming services, unless they
4  are part of a service directly related to delivery services or
5  Smart Grid functionality or applications as defined in Section
6  16-108.6 of this Act, and from recovering the costs of such
7  offerings from retail customers. The prohibition set forth in
8  this subsection (i) is inoperative after December 31, 2027 for
9  every participating utility.
10  Furthermore, an electric utility in a county with a
11  population of 3,000,000 or more shall not authorize any other
12  person or grant any other person the right, by agreement,
13  lease, license, or otherwise, to access, control, use, or
14  operate that electric utility's infrastructure, facilities, or
15  assets of any kind or to deliver or provide to that electric
16  utility's customers or any other person's customers, broadband
17  services, Voice over Internet Protocol (VoIP) services,
18  telecommunications services, or cable or video programming
19  services.
20  However, notwithstanding the prohibitions set forth in
21  this Section, an electric utility in a county with a
22  population of 3,000,000 or more may authorize or grant another
23  person the right to access or use the electric utility's
24  infrastructure, facilities, or assets, including, but not
25  limited to, middle mile infrastructure, to facilitate the
26  delivery of broadband services to Illinois residential and

 

 

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1  commercial customers on the condition that the access to and
2  use of that electric utility's infrastructure, facilities, and
3  assets (A) be granted on a non-discriminatory, non-exclusive,
4  and competitively neutral basis; and (B) comply with all other
5  State and federal laws, rules, and regulations, including, but
6  not limited to, all applicable safety codes and requirements.
7  If there is any dispute regarding the terms, rates, or
8  conditions of access to or use of that electric utility's
9  infrastructure, facilities, and assets to facilitate the
10  delivery of broadband services to Illinois residential and
11  commercial customers, the Commission, upon the petition of any
12  party, shall hear and decide the dispute in accordance with
13  the Commission's Rules of Practice (83 Ill. Adm. Code Part
14  200).
15  Nothing in this amendatory Act of the 103rd General
16  Assembly shall be construed to alter or diminish the rights or
17  obligations of any person under, nor shall it be deemed to
18  conflict with, the federal Pole Attachment Act (47 U.S.C.
19  224).
20  As used in this subsection (i):
21  "Broadband services" means the services that are used to
22  deliver to subscribers a high-speed service connection to the
23  public Internet that is capable of supporting, in at least one
24  direction, a speed in excess of 200 kilobits per second (kbps)
25  to the network demarcation point at the subscribers' premises.
26  "Electric utility" has the meaning set forth in Section

 

 

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1  16-102.
2  "Middle mile infrastructure" has the meaning provided in
3  Section 60401 of the federal Infrastructure Investment and
4  Jobs Act (47 U.S.C. 1741).
5  (j) Nothing in this Section is intended to legislatively
6  overturn the opinion issued in Commonwealth Edison Co. v. Ill.
7  Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,
8  1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
9  Ct. 2d Dist. Sept. 30, 2010). Public Act 97-616 shall not be
10  construed as creating a contract between the General Assembly
11  and the participating utility, and shall not establish a
12  property right in the participating utility.
13  (k) The changes made in subsections (c) and (d) of this
14  Section by Public Act 98-15 are intended to be a restatement
15  and clarification of existing law, and intended to give
16  binding effect to the provisions of House Resolution 1157
17  adopted by the House of Representatives of the 97th General
18  Assembly and Senate Resolution 821 adopted by the Senate of
19  the 97th General Assembly that are reflected in paragraph (3)
20  of this subsection. In addition, Public Act 98-15 preempts and
21  supersedes any final Commission orders entered in Docket Nos.
22  11-0721, 12-0001, 12-0293, and 12-0321 to the extent
23  inconsistent with the amendatory language added to subsections
24  (c) and (d).
25  (1) No earlier than 5 business days after May 22, 2013
26  (the effective date of Public Act 98-15), each

 

 

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1  participating utility shall file any tariff changes
2  necessary to implement the amendatory language set forth
3  in subsections (c) and (d) of this Section by Public Act
4  98-15 and a revised revenue requirement under the
5  participating utility's performance-based formula rate.
6  The Commission shall enter a final order approving such
7  tariff changes and revised revenue requirement within 21
8  days after the participating utility's filing.
9  (2) Notwithstanding anything that may be to the
10  contrary, a participating utility may file a tariff to
11  retroactively recover its previously unrecovered actual
12  costs of delivery service that are no longer subject to
13  recovery through a reconciliation adjustment under
14  subsection (d) of this Section. This retroactive recovery
15  shall include any derivative adjustments resulting from
16  the changes to subsections (c) and (d) of this Section by
17  Public Act 98-15. Such tariff shall allow the utility to
18  assess, on current customer bills over a period of 12
19  monthly billing periods, a charge or credit related to
20  those unrecovered costs with interest at the utility's
21  weighted average cost of capital during the period in
22  which those costs were unrecovered. A participating
23  utility may file a tariff that implements a retroactive
24  charge or credit as described in this paragraph for
25  amounts not otherwise included in the tariff filing
26  provided for in paragraph (1) of this subsection (k). The

 

 

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

 

 

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

 

 

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

 

 

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1  to address whether a participating utility has, or has not,
2  satisfied any or all of the metrics and performance goals
3  established pursuant to subsection (f) of this Section.
4  (m) The provisions of Public Act 98-15 are severable under
5  Section 1.31 of the Statute on Statutes.
6  (Source: P.A. 102-1031, eff. 5-27-22; 103-154, eff. 6-30-23.)

 

 

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