220 ILCS 5/8-508
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article VIII - Service Obligations And Conditions

 (from Ch. 111 2/3, par. 8-508)Sec. 8-508.   No public utility shall  abandon or discontinue any service or, in the case of an electric utility,  make any modification as herein defined, without first having secured the  approval of the Commission, except in case of assignment, transfer,  lease or sale of the whole or any part of its franchises, licenses,  permits, plant, equipment, business, or other property to any political  subdivision or municipal corporation of this State. In the case of the  assignment, transfer, lease or sale, in whole or in part, of any franchise,  license, permit, plant, equipment, business or other property to any  political subdivision or municipal corporation of this State, the public  utility shall notify the Commission of such transaction. "Modification" as  used in this Section means any change of fuel type which would result in an  annual net systemwide decreased use of 10% or more of coal mined in Illinois.  The Commission shall conduct public hearings on any request by a public  utility to make such modification and shall accept testimony from interested  parties qualified to provide evidence regarding the cost or cost savings  of the proposed modification as compared with the cost or cost savings of  alternative actions by the utility and shall consider the impact on employment  related to the production of coal in Illinois. Such hearings shall be commenced   no later than 30 days after the filing of the request by the public utility  and shall be concluded within 120 days from the date of filing. The Commission  must issue its final determination within 60 days of the conclusion of the  hearing. In making its determination the Commission shall attach primary  weight to the cost or cost savings to the customers of the utility. In  granting its approval, the Commission may impose such terms, conditions  or requirements as in its judgment are necessary to protect the public  interest. Provided, however, that any public utility abandoning or  discontinuing service in pursuance of authority granted by the  Commission shall be deemed to have waived any and all objections to the  terms, conditions or requirements imposed by the Commission in that  regard. Provided, further, that nothing in this Section shall be  construed to limit the right of a public utility to discontinue service  to individual patrons in accordance with the effective rules,  regulations, and practices of such public utility.The Commission, after a hearing upon its own motion or upon petition  of any public utility, shall have power by order to authorize or require  any public utility to curtail or discontinue service to individual  customers or classes thereof, or for specific purposes or uses, and  otherwise to regulate the furnishing of service, provided that preference  for service shall be given to those customers serving essential human needs and  governmental agencies performing law enforcement functions, whenever and to the  extent such action is required by the convenience and necessity of the  public during time of war, invasion, insurrection or martial law, or by  reason of a catastrophe, emergency, or shortage of fuel, supplies or  equipment employed or service furnished by such public utility;  provided, however, that an interim order, effective for a period not  exceeding 45 days, may be made without a hearing if the circumstances do  not reasonably permit the holding of a hearing. Orders for the  curtailment or discontinuance of service pursuant to this paragraph  shall not be continued in effect for any period beyond that which is  reasonably necessary, shall be vacated by the Commission as soon as  public convenience and necessity permit, and shall include such  arrangements for substitute service in the interim as the Commission in its  judgment may impose.  Every such order, during the  period it is in effect and for such further period, if any, as the  Commission may provide, shall have the effect of suspending the  operation of all prior orders or parts of orders of the Commission  inconsistent therewith. No public utility shall be held liable for any  damage resulting from any action taken, or any omission to act, pursuant  to or in compliance with any order under this paragraph for the  curtailment or discontinuance of service unless such order was procured  by the fraud of the public utility.  (Source: P.A. 102-457, eff. 1-1-22.)