2023 Illinois Compiled Statutes › Chapter 220 - UTILITIES › 220 ILCS 25/ - Gas Transmission Facilities Act.

(220 ILCS 25/0.01) (from Ch. 111 2/3, par. 570)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Gas Transmission Facilities Act.
(Source: P.A. 86-1324.)
(220 ILCS 25/1) (from Ch. 111 2/3, par. 571)
Sec. 1. 
		Definitions. 
		As used in this Act, unless their context
otherwise requires the terms specified in Sections 1.01 through 1.07
shall have the meanings ascribed to them in those Sections.
(Source: P.A. 83-1290.)
(220 ILCS 25/1.01) (from Ch. 111 2/3, par. 571.01)
Sec. 1.01. 
		"Commission" means the Illinois Commerce Commission.
(Source: P.A. 80-365.)
(220 ILCS 25/1.02) (from Ch. 111 2/3, par. 571.02)
Sec. 1.02. 
		
		"Interconnection" means the facilities necessary to physically
connect the energy source and the point of use by a private energy entity
with the existing transmission facilities of a public utility, and shall
include any necessary transformation, compression or other facilities necessary
to make such interconnection effective.
(Source: P.A. 80-365.)
(220 ILCS 25/1.03) (from Ch. 111 2/3, par. 571.03)
Sec. 1.03. 
"Private energy entity" includes every person,
corporation, political subdivision, and public agency of the State who
generates or produces natural gas for energy for his or its own
consumption or the consumption of his or its tenants or for
direct sale to others, excluding sales for resale, and every
person, corporation, political subdivision, and public agency of the State
who buys natural gas at the wellhead for his or its own consumption or the
consumption of his or its tenants and not for sale to others.  A private
energy entity shall not be found to be a public utility as defined by the
Public Utilities Act merely because
of its activities in transmitting natural gas.
(Source: P.A. 100-863, eff. 8-14-18.)
(220 ILCS 25/1.04) (from Ch. 111 2/3, par. 571.04)
Sec. 1.04. 
		
		"Public utility" means a public utility as defined in Section
10.3 of the "Public Utilities Act", approved June 29, 1921, as amended.
(Source: P.A. 80-365.)
(220 ILCS 25/1.05) (from Ch. 111 2/3, par. 571.05)
Sec. 1.05. 
		
		"Transmission service" means the intrastate transfer of natural
gas by a public utility for any private energy entity between the points
of interconnection for use within this State in the service area of the public utility.
(Source: P.A. 80-365.)
(220 ILCS 25/1.06) (from Ch. 111 2/3, par. 571.06)
Sec. 1.06. 
		"Wellhead" means the point at which the natural gas is produced.
(Source: P.A. 83-1290.)
(220 ILCS 25/1.07) (from Ch. 111 2/3, par. 571.07)
Sec. 1.07. 
		
		For the purpose of this Act, "natural gas" shall include
methane gas produced from the anaerobic decomposition of municipal refuse.
(Source: P.A. 83-1290.)
(220 ILCS 25/2) (from Ch. 111 2/3, par. 572)
Sec. 2. 
		
		In order to promote the more efficient use and distribution of
natural gas and eliminate the necessity for construction of transmission
facilities for gas produced or sought to be transported by a private energy
entity separate from those which may already exist to serve the same area
and are owned and operated by a public utility subject to the jurisdiction
of the Illinois Commerce
Commission, the Commission shall authorize the construction of an interconnection
by a private energy entity upon application of such entity if the Commission
makes the findings required by Section 3 of this Act.
(Source: P.A. 80-365.)
(220 ILCS 25/3) (from Ch. 111 2/3, par. 573)
Sec. 3. 
		
		Upon application of a private energy entity, and after notice
to any affected public utility and opportunity for hearing thereon, the
Commission shall authorize such entity to construct an interconnection for
the purpose of transporting natural gas for the private energy entity, if
the Commission finds:
(a) that such interconnection is in the public interest and for the general
public benefit;
(b) that the interconnection involves natural gas produced within this
State in the service area of the public utility, ultimately consumed within
this State, and which would otherwise be undeveloped because a public utility
is unable or unwilling to purchase it at a price the Commission finds to be reasonable;
(c) that the interconnection would not cause energy which would likely
otherwise be made available to the general public to be diverted to the
private energy entity; and
(d) that the natural gas has substantially the equivalent quality and
characteristics as the natural gas in the utility's transmission system
with which the interconnection would be made and meets the standards for
safety and quality established by the Commission.
The Commission shall prescribe by regulation such reasonable terms,
conditions and requirements as it deems appropriate.
(Source: P.A. 83-1290.)
(220 ILCS 25/4) (from Ch. 111 2/3, par. 574)
Sec. 4. 
		
		The private energy entity shall be required to provide and
to pay the total cost of the interconnection as well as any costs
associated with providing a transmission capacity sufficient to handle
that portion of the natural gas provided by the private energy entity
that is over and above the capacity otherwise required by the public
utility to service its utility customers and meet other authorized
commitments.  The public utility shall not be required to construct any
additional gas facility on a system or to acquire any real property by
eminent domain or otherwise for such facilities, in order to perform the
service contemplated by this Act unless the costs of such additional
facilities or acquisitions are to be borne by the private energy entity.
(Source: P.A. 80-365.)
(220 ILCS 25/5) (from Ch. 111 2/3, par. 575)
Sec. 5. 
		
		The Commission shall prescribe reasonable compensation to be paid
to the public utility performing the transmission service.
(Source: P.A. 80-365.)
(220 ILCS 25/6) (from Ch. 111 2/3, par. 576)
Sec. 6. 
		
		Nothing in this Act is to preclude a joinder of public utilities
in applications filed pursuant to Section 3 of this Act for the successive
transportation of natural gas by such public utilities or the joinder of
such applications by the Commission for hearing and decision.
(Source: P.A. 80-365.)
(220 ILCS 25/7) (from Ch. 111 2/3, par. 577)
Sec. 7. 
		
		Every public utility shall keep accurate records of transactions
with a private energy entity, and of the use of the public utility's facilities
by the private energy entity, pursuant to an interconnection ordered or
approved by the Commission and shall render such reports thereon to the
Commission as the Commission may from time to time require.  The Commission
may disapprove any such transaction or use if, after hearing, it finds such
transaction or use to be inconsistent with this Act.
(Source: P.A. 80-365.)