220 ILCS 5/9-202
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article IX - Rates

 (from Ch. 111 2/3, par. 9-202)Sec. 9-202.         (a) Whenever the Commission is of the opinion and so finds after  an examination of any report or reports, annual or otherwise, filed with  the Commission by any public utility, together with any other facts or  information which the Commission may acquire or receive from an  investigation of the books, records or papers or from an inspection of  the property of such public utility, that the net income of such public  utility after reasonable deductions for depreciation and other proper  and necessary reserves, is in excess of the amount required for a  reasonable return upon the value of said public utility's property used  and useful in rendering its service to the public, provided however that  in computing net income, deductions shall not be made for advertising expenses  as prohibited under Section 9-225 of this Act, and if the Commission  is of the opinion and so finds in said cause that a hearing to determine  all of the issues involved in a final determination of rates or services  will require more than 105 days of elapsed time, the Commission shall  have the power in cases of such emergency and it is hereby given  authority to at once enter a temporary order, after notice to said  public utility, fixing a temporary schedule of rates, which order shall  be forthwith binding upon said public utility; provided, however, that  the Commission's power to order reductions in rates and charges of any  public utility by means of any such temporary order, is limited to  reductions which will absorb not more than the amount found by the  Commission to be in excess of the amount of income as determined by the  Commission necessary to provide a reasonable return on the value of the  property of said public utility as found by the Commission as aforesaid;  and provided, further, however, that no such temporary order shall  remain in force or effect for a longer period than 9 months from its  effective date, and a further period not to exceed 3 months in addition  if so ordered by the Commission; and provided, further, that if upon the  final disposition of the issues involved in such proceeding, the rates  or charges as finally determined by said Commission or the court having  jurisdiction of the subject matter are in excess of the rates and  charges prescribed in said temporary order, then and in such event such  public utility shall be permitted over such reasonable time as the  Commission shall fix, to amortize and recover by means of a temporary  increase over and above the rates and charges finally determined, such  sum as shall represent the difference between the gross income obtained  from the rates and charges prescribed in said temporary reduction order  and the gross income which would have obtained, during the period such  temporary reduction order was in effect, based upon the same volume,  from the rates and charges finally determined.(b) If the Commission enters upon a hearing concerning the propriety of any  proposed rate or other charge, classification, contract, practice, rule or  regulation pursuant to Section 9-201, and if the Commission is of the opinion  and so finds in said cause that a hearing to determine all of the issues  involved in a final determination of rates or services will require more  than 120 days of elapsed time, the Commission shall have the power to enter  a temporary order fixing a temporary schedule of rates after hearing, which  order shall be forthwith binding upon the  public utility.  As soon as practicable after the effective date of this  amendatory Act of 1985, the Commission shall determine by rule the facts  and circumstances which must be established by the utility in order to  justify the grant of a temporary rate increase as provided herein.  The  Commission shall determine any temporary rate increase according to  previously established standards until the time such rules become effective.In any case in which the Commission grants interim relief, the Commission  shall, upon final disposition of the proposed permanent change in rates or  other charges, classification, contract, practice, rule or regulation, also  review the propriety of its prior award of interim relief  based upon the criteria used by the Commission in granting the interim  rate relief.  If, upon such review, the Commission determines that such  interim rates or charges were in excess of the rates or charges which  should have been prescribed in its temporary order, the Commission shall  require the public utility to refund such sum as shall represent the difference  between the gross income obtained from the rates or charges prescribed in said  temporary increase order and the gross income which would have been  obtained during the period such temporary increase order was in effect  based upon the same volume, from the rates and charges which the Commission  upon final review determines were appropriate.  Any refund shall include  interest calculated at a rate determined by the Commission and shall be  returned according to procedures prescribed by the Commission.    (Source: P.A. 84-617; 84-1118.)