Bill Text: IL HB2802 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-03-10 - Added Co-Sponsor Rep. Dave Severin [HB2802 Detail]

Download: Illinois-2023-HB2802-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2802 Introduced , by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
220 ILCS 5/8-406 from Ch. 111 2/3, par. 8-406
220 ILCS 5/8-406.3 new
Amends the Public Utilities Act. Deletes language that provides that no construction shall commence on any new nuclear power plant to be located within the State, and no certificate of public convenience and necessity or other authorization shall be issued therefor by the Illinois Commerce Commission, until the Director of the Environmental Protection Agency finds that the United States Government has identified and approved a demonstrable technology or means for the disposal of high level nuclear waste, or until such construction has been specifically approved by a statute enacted by the General Assembly. Provides that the Commission shall only issue a certificate of public convenience and necessity to a public utility operating or located within the State or to a company with a fossil fuel-based power generator. Provides that the Commission shall adopt rules concerning the granting of certificates of public convenience and necessity for the construction, purchase, or lease of small modular nuclear reactors. Provides requirements for the Commission to follow when adopting rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors. Provides that the Commission may adopt emergency rules for the granting of certificates of public convenience and necessity for small modular nuclear reactors.
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A BILL FOR
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AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 8-406 and by adding Section 8-406.3 as follows:
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
Sec. 8-406. Certificate of public convenience and
necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in
furnishing any product or commodity within this State as of
July 1, 1921 and not possessing a certificate of public
convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission, or the
Public Utilities Commission, at the time Public Act 84-617
goes into effect (January 1, 1986), shall transact any
business in this State until it shall have obtained a
certificate from the Commission that public convenience and
necessity require the transaction of such business. A
certificate of public convenience and necessity requiring the
transaction of public utility business in any area of this
State shall include authorization to the public utility
receiving the certificate of public convenience and necessity

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to construct such plant, equipment, property, or facility as
is provided for under the terms and conditions of its tariff
and as is necessary to provide utility service and carry out
the transaction of public utility business by the public
utility in the designated area.
(b) No public utility shall begin the construction of any
new plant, equipment, property, or facility which is not in
substitution of any existing plant, equipment, property, or
facility, or any extension or alteration thereof or in
addition thereto, unless and until it shall have obtained from
the Commission a certificate that public convenience and
necessity require such construction. Whenever after a hearing
the Commission determines that any new construction or the
transaction of any business by a public utility will promote
the public convenience and is necessary thereto, it shall have
the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the
least-cost least cost means of satisfying those objectives;

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(2) that the utility is capable of efficiently managing and
supervising the construction process and has taken sufficient
action to ensure adequate and efficient construction and
supervision thereof; and (3) that the utility is capable of
financing the proposed construction without significant
adverse financial consequences for the utility or its
customers.
(b-5) As used in this subsection (b-5):
"Qualifying direct current applicant" means an entity that
seeks to provide direct current bulk transmission service for
the purpose of transporting electric energy in interstate
commerce.
"Qualifying direct current project" means a high voltage
direct current electric service line that crosses at least one
Illinois border, the Illinois portion of which is physically
located within the region of the Midcontinent Independent
System Operator, Inc., or its successor organization, and runs
through the counties of Pike, Scott, Greene, Macoupin,
Montgomery, Christian, Shelby, Cumberland, and Clark, is
capable of transmitting electricity at voltages of 345
kilovolts or above, and may also include associated
interconnected alternating current interconnection facilities
in this State that are part of the proposed project and
reasonably necessary to connect the project with other
portions of the grid.
Notwithstanding any other provision of this Act, a

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qualifying direct current applicant that does not own,
control, operate, or manage, within this State, any plant,
equipment, or property used or to be used for the transmission
of electricity at the time of its application or of the
Commission's order may file an application on or before
December 31, 2023 with the Commission pursuant to this Section
or Section 8-406.1 for, and the Commission may grant, a
certificate of public convenience and necessity to construct,
operate, and maintain a qualifying direct current project. The
qualifying direct current applicant may also include in the
application requests for authority under Section 8-503. The
Commission shall grant the application for a certificate of
public convenience and necessity and requests for authority
under Section 8-503 if it finds that the qualifying direct
current applicant and the proposed qualifying direct current
project satisfy the requirements of this subsection and
otherwise satisfy the criteria of this Section or Section
8-406.1 and the criteria of Section 8-503, as applicable to
the application and to the extent such criteria are not
superseded by the provisions of this subsection. The
Commission's order on the application for the certificate of
public convenience and necessity shall also include the
Commission's findings and determinations on the request or
requests for authority pursuant to Section 8-503. Prior to
filing its application under either this Section or Section
8-406.1, the qualifying direct current applicant shall conduct

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3 public meetings in accordance with subsection (h) of this
Section. If the qualifying direct current applicant
demonstrates in its application that the proposed qualifying
direct current project is designed to deliver electricity to a
point or points on the electric transmission grid in either or
both the PJM Interconnection, LLC or the Midcontinent
Independent System Operator, Inc., or their respective
successor organizations, the proposed qualifying direct
current project shall be deemed to be, and the Commission
shall find it to be, for public use. If the qualifying direct
current applicant further demonstrates in its application that
the proposed transmission project has a capacity of 1,000
megawatts or larger and a voltage level of 345 kilovolts or
greater, the proposed transmission project shall be deemed to
satisfy, and the Commission shall find that it satisfies, the
criteria stated in item (1) of subsection (b) of this Section
or in paragraph (1) of subsection (f) of Section 8-406.1, as
applicable to the application, without the taking of
additional evidence on these criteria. Prior to the transfer
of functional control of any transmission assets to a regional
transmission organization, a qualifying direct current
applicant shall request Commission approval to join a regional
transmission organization in an application filed pursuant to
this subsection (b-5) or separately pursuant to Section 7-102
of this Act. The Commission may grant permission to a
qualifying direct current applicant to join a regional

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transmission organization if it finds that the membership, and
associated transfer of functional control of transmission
assets, benefits Illinois customers in light of the attendant
costs and is otherwise in the public interest. Nothing in this
subsection (b-5) requires a qualifying direct current
applicant to join a regional transmission organization.
Nothing in this subsection (b-5) requires the owner or
operator of a high voltage direct current transmission line
that is not a qualifying direct current project to obtain a
certificate of public convenience and necessity to the extent
it is not otherwise required by this Section 8-406 or any other
provision of this Act.
(c) (Blank). After September 11, 1987 (the effective date
of Public Act 85-377), no construction shall commence on any
new nuclear power plant to be located within this State, and no
certificate of public convenience and necessity or other
authorization shall be issued therefor by the Commission,
until the Director of the Illinois Environmental Protection
Agency finds that the United States Government, through its
authorized agency, has identified and approved a demonstrable
technology or means for the disposal of high level nuclear
waste, or until such construction has been specifically
approved by a statute enacted by the General Assembly.
As used in this Section, "high level nuclear waste" means
those aqueous wastes resulting from the operation of the first
cycle of the solvent extraction system or equivalent and the

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concentrated wastes of the subsequent extraction cycles or
equivalent in a facility for reprocessing irradiated reactor
fuel and shall include spent fuel assemblies prior to fuel
reprocessing.
(d) In making its determination under subsection (b) of
this Section, the Commission shall attach primary weight to
the cost or cost savings to the customers of the utility. The
Commission may consider any or all factors which will or may
affect such cost or cost savings, including the public
utility's engineering judgment regarding the materials used
for construction.
(e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending
the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
A public utility shall not be required to obtain but may
apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be

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deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.
No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as
to matters as to which a remedy is available under the Electric
Supplier Act.
(f) Such certificates may be altered or modified by the
Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof, authority conferred
by a certificate of convenience and necessity issued by the
Commission shall be null and void.
No certificate of public convenience and necessity shall
be construed as granting a monopoly or an exclusive privilege,
immunity, or franchise.
(g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or
that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of
this Act, "high voltage electric service line" means an
electric line having a design voltage of 100,000 or more. For

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purposes of this subsection (g), a public utility may do any of
the following:
(1) replace or upgrade any existing high voltage
electric service line and related facilities,
notwithstanding its length;
(2) relocate any existing high voltage electric
service line and related facilities, notwithstanding its
length, to accommodate construction or expansion of a
roadway or other transportation infrastructure; or
(3) construct a high voltage electric service line and
related facilities that is constructed solely to serve a
single customer's premises or to provide a generator
interconnection to the public utility's transmission
system and that will pass under or over the premises owned
by the customer or generator to be served or under or over
premises for which the customer or generator has secured
the necessary right of way.
(h) A public utility seeking to construct a high-voltage
electric service line and related facilities (Project) must
show that the utility has held a minimum of 2 pre-filing public
meetings to receive public comment concerning the Project in
each county where the Project is to be located, no earlier than
6 months prior to filing an application for a certificate of
public convenience and necessity from the Commission. Notice
of the public meeting shall be published in a newspaper of
general circulation within the affected county once a week for

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3 consecutive weeks, beginning no earlier than one month prior
to the first public meeting. If the Project traverses 2
contiguous counties and where in one county the transmission
line mileage and number of landowners over whose property the
proposed route traverses is one-fifth or less of the
transmission line mileage and number of such landowners of the
other county, then the utility may combine the 2 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both counties.
Notice of the public meeting, including a description of the
Project, must be provided in writing to the clerk of each
county where the Project is to be located. A representative of
the Commission shall be invited to each pre-filing public
meeting.
(i) For applications filed after August 18, 2015 (the
effective date of Public Act 99-399), the Commission shall, by
certified mail, notify each owner of record of land, as
identified in the records of the relevant county tax assessor,
included in the right-of-way over which the utility seeks in
its application to construct a high-voltage electric line of
the time and place scheduled for the initial hearing on the
public utility's application. The utility shall reimburse the
Commission for the cost of the postage and supplies incurred
for mailing the notice.
(j) The Commission shall only issue a certificate of

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public convenience and necessity under this Section to a
public utility operating or located within the State or to a
company with a fossil fuel-based power generator.
(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
102-813, eff. 5-13-22; 102-931, eff. 5-27-22.)
(220 ILCS 5/8-406.3 new)
Sec. 8-406.3. Certificate of public convenience and
necessity; small modular nuclear reactor.
(a) As used this Section, "small modular nuclear reactor"
means a nuclear reactor that:
(1) has a rated electric generating capacity of not
more than 350 megawatts;
(2) is capable of being constructed and operated,
either alone or in combination with one or more similar
reactors if additional reactors are, or become, necessary
at a single site; and
(3) is required to be licensed by the United States
Nuclear Regulatory Commission.
"Small modular nuclear reactor" includes a nuclear reactor
that is described in this subsection and that uses a process to
produce hydrogen that can be used for energy storage, as a
fuel, or for other uses.
(b) No later than July 1, 2023, the Commission shall adopt
rules concerning the granting of certificates of public
convenience and necessity under this Section for the

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construction, purchase, or lease of small modular nuclear
reactors:
(1) in this State for the generation of electricity to
be directly or indirectly used to furnish public utility
service to customers in this State; or
(2) at the site of nuclear energy production or
generation facility that supplies electricity to retail
customers in this State.
(c) Rules adopted by the Commission under this Section
must provide for the following:
(1) that in acting on a public utility's petition for
the construction, purchase, or lease of one or more small
modular nuclear reactors, as described in subsection (b),
the Commission shall consider the following:
(A) whether, and to what extent, the one or more
small modular nuclear reactors proposed by the public
utility will replace a loss of generating capacity in
the public utility's portfolio resulting from the
retirement or planned retirement of one or more of the
public utility's existing electric generating
facilities that:
(i) are located in this State; and
(ii) use coal or natural gas as a fuel source;
and
(B) whether one or more of the small modular
nuclear reactors that will replace an existing

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facility will be located on the same site as or near
the existing facility and, if so, potential
opportunities for the public utility to:
(i) make use of any land and existing
infrastructure or facilities already owned or
under the control of the public utility; or
(ii) create new employment opportunities for
workers who have been, or would be, displaced as a
result of the retirement of the existing facility;
(2) that the Commission may grant a certificate under
this Section under circumstances and for locations other
than those described in paragraph (1);
(3) that the Commission may not grant a certificate
under this Section unless the owner or operator of a
proposed small modular nuclear reactor provides evidence
of a plan to apply for all licenses or permits to construct
or operate the proposed small modular nuclear reactor as
may be required by:
(A) the United States Nuclear Regulatory
Commission;
(B) the Department of Natural Resources or the
Environmental Protection Agency; or
(C) any other relevant State or federal regulatory
agency with jurisdiction over the construction or
operation of nuclear generating facilities;
(4) that any reports, notices of violations, or other

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notifications sent to or from the United States Nuclear
Regulatory Commission by or to the owner or operator of a
proposed small nuclear reactor must be submitted by the
owner or operator to the Commission within such time as
prescribed by the Commission, subject to the Commission's
duty to treat as confidential and protect from public
access and disclosure any information that is contained in
a report or notice and that is considered confidential or
exempt from public access and disclosure under State or
federal law; and
(5) that any person that owns or operates a small
modular nuclear reactor in this State may not store spent
nuclear fuel as defined in the Illinois Nuclear Safety
Preparedness Act or high level radioactive waste as also
defined in that Act from the small modular nuclear reactor
on the site of the small modular nuclear reactor without
first meeting all applicable requirements of the United
States Regulatory Commission.
(d) In adopting the rules required by this Section, the
Commission may adopt emergency rules in the State.
(e) This Section shall not be construed to affect the
authority of the United States Nuclear Regulatory Commission.