220 ILCS 5/16-114
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XVI - Electric Service Customer Choice And Rate Relief Law Of 1997

Sec. 16-114.     Recovery of decommissioning charges.     On or before April 1, 1999, each electric utility owning  an interest in, or having responsibility as a matter of  contract or statute for decommissioning costs as defined in  Section 8-508.1 of, one or more nuclear power plants shall file  with the Commission a tariff or tariffs conforming to the  provisions of Section 9-201.5 of this Act, to be applicable to each and every  kilowatt-hour of electricity delivered or sold at retail in the electric  utility's service area, including, but not limited to, sales by the electric  utility to tariffed services retail customers, sales by the electric utility to  retail customers pursuant to special contracts or other negotiated  arrangements, sales by alternative retail electric suppliers, and sales by an  electric utility other than the electric utility in whose service  area the retail customer is located; provided, however, that for a  user that obtained electric power and energy from its own  cogeneration or self-generation facilities on or before  January 1, 1997, and subsequently takes services from an  alternative retail electric supplier or an electric  utility other than the electric utility in whose service  area the user is located for any portion of its electric  power and energy requirements formerly obtained from  those facilities, the tariff required by this Section  shall not be applicable in any year to that portion of  the user's electric power and energy requirements  formerly obtained from those facilities, provided that  for the purposes of this Section, such portion shall not  exceed the average number of kilowatt-hours per year  obtained from the cogeneration or self-generation  facilities during the 3 years prior to the date on which  the user became eligible for delivery services.The Commission shall determine whether the tariff meets the  requirements of Sections 9-201 and 9-201.5 and of this  Section, and shall permit the electric utility's tariff  together with any modifications made after hearing to become  effective no later than October 1, 1999. In making its determination, the  Commission shall retain the authority it possessed prior to the effective date  of this amendatory Act of 1997 to make jurisdictional allocations of  decommissioning expense recovery.  The tariff filed  pursuant to this Section shall be  applicable to any user taking some or all of its electric  power and energy requirements from an alternative retail  electric supplier or from an electric utility other than the  electric utility in whose service area the user is located on  and after the date that the user becomes eligible for delivery  services in accordance with Section 16-104. If the electric  utility has in effect as of the effective date of this  amendatory Act of 1997 a decommissioning rate as defined in  Section 9-201.5 conforming to the requirements of that  Section, the tariff or tariffs required by this Section shall  if the electric utility requests be consistent with its  decommissioning rate that is already in effect; provided, that  the tariff or tariffs filed pursuant to this Section shall  provide for the removal from base rates of any decommissioning  costs that are included in the electric utility's base rates  and their inclusion in the tariff or tariffs required by this  Section. The tariff required by this Section shall be included  by the Commission in the reviews required by subsection (d) of  Section 9-201.5.    (Source: P.A. 90-561, eff. 12-16-97.)