220 ILCS 5/10-204
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article X - Proceedings Before The Commission And The Courts

(220 ILCS 5/10-204) (from Ch. 111 2/3, par. 10-204)Sec. 10-204.   (a) The pendency of an appeal shall not of itself stay or  suspend the operation of the rule, regulation, order or decision of the  Commission, but during the pendency of the appeal the reviewing court may  in its discretion stay or suspend, in whole or in part, the operation of  the Commission's rule, regulation, order or decision.  Any stocks or stock certificates, bonds, notes, or other evidence of  indebtedness issued pursuant to and in accordance with an order of the  Commission shall be valid and binding in accordance with their terms  notwithstanding such order of the Commission is later vacated, modified, or  otherwise held to be wholly or partly invalid unless operation of such order  of the Commission has been stayed or suspended by the  reviewing court prior to such issuance.(b) No order so staying or suspending a rule, regulation, order or decision  of the Commission shall be made by the court otherwise than upon 3 days'  notice to the Commission and after a hearing, and if the rule, regulation,  order or decision of the Commission is suspended, the order suspending the  same shall contain a specific finding based upon evidence submitted to the  court, and identified by reference thereto, that great or irreparable  damage would otherwise result to the petitioner, and specifying the nature  of the damage.(c) In case the rule, regulation, order or decision of the Commission is  stayed or suspended, the order of the court shall not become effective  until a suspending bond shall first have been executed and filed with, and  approved by the Commission (or approved, on review, by the court) payable  to the people of the State of Illinois, and sufficient in amount and  security to insure the prompt payment, by the party petitioning for the  review, of all damages caused by the delay in the enforcement of the rule,  regulation, order or decision of the Commission, and of all moneys which  any person or corporation may be compelled to pay, pending the review  proceedings, for transportation, transmission, product, commodity or  service in excess of the charges fixed by the rule, regulation, order or  decision of the Commission, in case said rule, regulation, order or  decision is sustained. However, no bond shall be required in the case of  any stay or suspension granted on application of the State or people of the  State, represented by the Attorney General or Public Counsel, or of any  city or other governmental body. The court in case it stays or suspends the  rule, regulation, order or  decision of the Commission in any manner affecting rates or other charges or  classifications, may in its discretion, also by order direct the public  utility affected to pay into court, from time to time thereto to be  impounded until the final decision of the case or into some bank or trust  company paying interest on deposits, under such conditions as the court may  prescribe, all sums of money which it may collect from any corporation or  person in excess of the sum such corporation or person would have been  compelled to pay if the rule, regulation, order or decision of the  Commission had not been stayed or suspended.(d) When any rate or other charge has been in force for any length of time  exceeding one year, and that rate or other charge is advanced by the public  utility and the order of the Commission reinstates that prior rate or  other charge, in whole or in part, no suspending order shall be allowed in  any case from the reinstating order pending the final determination of the  case in the reviewing court, pending the final determination  by such reviewing court.  (Source: P.A. 100-840, eff. 8-13-18.)