(220 ILCS 5/Art. XV heading)
ARTICLE XV.
COMMON CARRIERS BY PIPELINE
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(220 ILCS 5/15-100)
Sec. 15-100.
Short Title.
This Article may be cited as the
Common Carrier by Pipeline Law.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-101)
Sec. 15-101.
Application of Article.
Except to the extent
modified or supplemented by the specific provisions of
this Article, Articles I to IV, Sections 5-101, 5-201, 5-202, 5-203, 8-101,
8-503, 8-509, 9-221, 9-222, 9-222.1, 9-222.2, and 9-250, and Article X are
fully and
equally applicable to common carriers by pipeline, their
rates and services, and the regulation thereof.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-102)
Sec. 15-102.
Application to natural gas and water common carriers by
pipeline. Article VII of the Public Utilities Act is
fully and equally applicable to transactions between
common carriers of natural gas and water by pipeline and affiliated
public utilities.
(Source: P.A. 89-42, eff. 1-1-96; 89-573, eff. 7-30-96.)
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(220 ILCS 5/15-201)
Sec. 15-201.
Definitions.
In this Law:
"Common carrier by pipeline" means (1) a
person or corporation that owns, controls, operates, or manages, within
this State, directly or indirectly, equipment,
facilities, or other property, or a franchise, permit,
license, or right, used or to be used in connection with
the conveyance of gas or any liquid other than water for
the general public in common carriage by pipeline,
or (2) a person or corporation that owns
and operates within this State any equipment, facilities, or other property, or
any franchise, permit, license, or right, used or to be used in connection with
the conveyance of water drawn from Lake Michigan for the general public in
common carriage by pipeline.
A gas public utility that provides local distribution services is not a
common carrier by pipeline, irrespective of whether the public utility
transports customer-owned gas or gas owned by a third party to some of its
customers. A water public utility that provides local distribution services
is not a common carrier by pipeline.
A unit of local government is not a common carrier by pipeline. In
addition, "common carrier by pipeline" does not include common carriers by
pipeline that
are owned and operated by any political subdivision, public institution of
higher education or municipal corporation of this State, or common carriers by
pipeline that are owned by such political subdivision, public institution of
higher education, or municipal corporation and operated by any of its lessees
or operating agents.
(Source: P.A. 89-42, eff. 1-1-96; 89-573, eff. 7-30-96; 89-713, eff.
2-21-97.)
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(220 ILCS 5/15-301)
Sec. 15-301.
Records and accounts.
(a) Each common carrier
by pipeline shall:
(1) Keep written accounts and records of its
| | revenues, expenses, contracts, and other activities subject to regulation under this Act in accordance with regulations prescribed by the Commission;
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(2) Maintain, for a period of 3 years, copies of all
| | accounts and records required by Commission regulations; and
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(3) Make the accounts and records available for
| | inspection, on request, by an authorized employee of the Commission.
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(b) Accounts and records kept under this
Section shall be kept at an office in the State of
Illinois unless the Commission shall have authorized
maintenance at a location outside of the State.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-401)
Sec. 15-401. Licensing.
(a) No person shall operate
as a common carrier by pipeline unless the person
possesses a certificate in good standing authorizing it to operate as a
common carrier by pipeline. No
person shall begin or continue construction of a
pipeline or other facility, other than the repair or
replacement of an existing pipeline or facility, for use
in operations as a common carrier by pipeline unless the
person possesses a certificate in good standing.
(b) Requirements for issuance. The Commission,
after a hearing, shall grant an application for a
certificate authorizing operations as a common carrier by
pipeline, in whole or in part, to the extent that it
finds that the application was properly filed; a public
need for the service exists; the applicant is fit,
willing, and able to provide the service in compliance
with this Act, Commission regulations, and orders; and the
public convenience and necessity requires issuance of the
certificate. Evidence encompassing
any of the factors described in items (1) through (9) of this subsection (b) that is
submitted by the applicant, any other party, or the Commission's staff shall also be
considered by the Commission in determining whether a public need for the service
exists under either current or expected conditions. The changes in this subsection (b) are
intended to be confirmatory of existing law.
In its determination of public convenience and necessity for a proposed
pipeline or facility designed or intended to transport crude oil and any
alternate locations for such proposed pipeline or facility,
the Commission shall consider, but not be limited to, the following:
(1) any evidence presented by the Illinois
| | Environmental Protection Agency regarding the environmental impact of the proposed pipeline or other facility;
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(2) any evidence presented by the Illinois
| | Department of Transportation regarding the impact of the proposed pipeline or facility on traffic safety, road construction, or other transportation issues;
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(3) any evidence presented by the Department of
| | Natural Resources regarding the impact of the proposed pipeline or facility on any conservation areas, forest preserves, wildlife preserves, wetlands, or any other natural resource;
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(4) any evidence of the effect of the pipeline upon
| | the economy, infrastructure, and public safety presented by local governmental units that will be affected by the proposed pipeline or facility;
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(5) any evidence of the effect of the pipeline upon
| | property values presented by property owners who will be affected by the proposed pipeline or facility, provided that the Commission need not hear evidence as to the actual valuation of property such as that as would be presented to and determined by the courts under the Eminent Domain Act;
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(6) any evidence presented by the Department of
| | Commerce and Economic Opportunity regarding the current and future local, State-wide, or regional economic effect, direct or indirect, of the proposed pipeline or facility including, but not limited to, property values, employment rates, and residential and business development;
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(7) any evidence addressing the factors described in
| | items (1) through (9) of this subsection (b) or other relevant factors that is presented by any other State agency, the applicant, a party, or other entity that participates in the proceeding, including evidence presented by the Commission's staff;
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(8) any evidence presented by a State agency or unit
| | of State or local government as to the current and future national, State-wide, or regional economic effects of the proposed pipeline, direct or indirect, as they affect residents or businesses in Illinois, including, but not limited to, such impacts as the ability of manufacturers in Illinois to meet public demand for related services and products and to compete in the national and regional economies, improved access of suppliers to regional and national shipping grids, the ability of the State to access funds made available for energy infrastructure by the federal government, mitigation of foreseeable spikes in price affecting Illinois residents or businesses due to sudden changes in supply or transportation capacity, and the likelihood that the proposed construction will substantially encourage related investment in the State's energy infrastructure and the creation of energy related jobs; and
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| (9) any evidence presented by any State or federal
| | governmental entity as to how the proposed pipeline or facility will affect the security, stability, and reliability of energy in the State or in the region.
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| In its written order, the Commission shall address all of the evidence
presented, and if the order is contrary to any of the evidence, the Commission
shall state the reasons for its determination with regard to that evidence.
(c) An application filed pursuant to this Section may request either that the Commission review and approve a specific route for a pipeline, or that the Commission review and approve a project route width that identifies the areas in which the pipeline would be located, with such width ranging from the minimum width required for a pipeline right-of-way up to 500 feet in width. The purpose for allowing the option of review and approval of a project route width is to provide increased flexibility during the construction process to accommodate specific landowner requests, avoid environmentally sensitive areas, or address special environmental permitting requirements.
(d) A common carrier by pipeline may request any other approvals as may be needed from the Commission for completion of the pipeline under Article VIII or any other Article or Section of this Act at the same time, and as part of the same application, as its request for a certificate of good standing under this Section. The Commission's rules shall ensure that notice of such a consolidated application is provided within 30 days after filing to the landowners along a proposed project route, or to the potentially affected landowners within a proposed project route width, using the notification procedures set forth in the Commission's rules. If a consolidated application is submitted, then the requests shall be heard on a consolidated basis and a decision on all issues shall be entered within the time frames stated in subsection (e) of this Section. In such a consolidated proceeding, the Commission may consider evidence relating to the same factors identified in items (1) through (9) of subsection (b) of this Section in granting authority under Section 8-503 of this Act. If the Commission grants approval of a project route width as opposed to a specific project route, then the common carrier by pipeline must, as it finalizes the actual pipeline alignment within the project route width, file its final list of affected landowners with the Commission at least 14 days in advance of beginning construction on any tract within the project route width and also provide the Commission with at least 14 days notice before filing a complaint for eminent domain in the circuit court with regard to any tract within the project route width.
(e) The Commission shall make its determination on any application filed pursuant to this Section and issue its final order within one year after the date that the application is filed unless an extension is granted as provided in this subsection (e). The Commission may extend the one-year time period for issuing a final order on an application filed pursuant to this Section up to an additional 6 months if it finds, following the filing of initial testimony by the parties to the proceeding, that due to the number of affected landowners and other parties in the proceeding and the complexity of the contested issues before it, additional time is needed to ensure a complete review of the evidence. If an extension is granted, then the schedule for the proceeding shall not be further extended beyond this 6-month period, and the Commission shall issue its final order within the 6-month extension period. The Commission shall also have the power to establish an expedited schedule for making its determination on an application filed pursuant to this Section in less than one year if it finds that the public interest requires the setting of such an expedited schedule.
(f) Within 6 months after the Commission's entry of an order approving either a specific
route or a project route width under this Section, the common carrier by pipeline that
receives such order may file supplemental applications for minor route deviations outside
the approved project route width, allowing for additions or changes to the approved
route to address environmental concerns encountered during construction or to
accommodate landowner requests. Notice of a supplemental application shall be
provided to any State agency that appeared in the original proceeding or immediately
affected landowner at the time such supplemental application is filed. The route
deviations shall be approved by the Commission within 45 days, unless a written
objection is filed to the supplemental application within 20 days after the date such
supplemental application is filed. Hearings on any such supplemental application shall
be limited to the reasonableness of the specific variance proposed, and the issues of
public need or public convenience or necessity for the project or fitness of the applicant
shall not be reopened in the supplemental proceeding.
(g) The rules of the Commission may include additional options for expediting the issuance of permits and certificates under this Section. Such rules may provide that, in the event that an applicant elects to use an option provided for in such rules; (1) the applicant must request the use of the expedited process at the time of filing its application for a license or permit with the Commission; (2) the Commission may engage experts and procure additional administrative resources that are reasonably necessary for implementing the expedited process; and (3) the applicant must bear any additional costs incurred by the Commission as a result of the applicant's use of such expedited process.
(h) Duties and obligations of common carriers by
pipeline. Each common carrier by pipeline shall provide
adequate service to the public at reasonable rates and
without discrimination.
(Source: P.A. 97-405, eff. 8-16-11.)
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(220 ILCS 5/15-501)
Sec. 15-501.
Published rates.
No common carrier by
pipeline shall render service until the carrier has in
effect a tariff or schedule of rates applicable to
service in compliance with this Act. No
carrier shall render service under a license issued by
the Commission if the Commission has suspended or
cancelled the tariff or schedule of rates previously in
effect and applicable to the service, or if the tariff
or schedule is, by action of a party thereto or by its
own terms, no longer effective.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-502)
Sec. 15-502.
Effective dates of new or amended rates.
The Commission shall prescribe the periods of notice
that must elapse between the filing of a proposed rate
and its proposed effective date. The
Commission shall not prescribe a notice period greater than 45
days.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-503)
Sec. 15-503.
(a) General requirement of filing, publication, and
posting. Each common carrier by pipeline shall file,
publish, and make available for public inspection its
current tariffs. Copies of the tariffs shall be
provided by the carrier to members of the public on
request at a reasonable cost.
(b) Tariff and schedule specifications. Tariffs
and schedules filed in accordance with this subsection
shall be in the form and contain the information as the
Commission may specify. The Commission may, by special
permission for good cause shown, grant permission to
deviate from its tariff and schedule regulations.
(c) Rejection of tariffs and schedules. The
Commission may, at any time prior to the effective date
of a tariff or schedule, reject or suspend a tariff or
schedule that does not conform to its specifications or
that on its face is in violation of this Act, Commission
regulations, or orders.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-504)
Sec. 15-504.
Rate proceedings.
(a) Initiation of
proceedings. The Commission may initiate a proceeding to
investigate or prescribe tariffs or schedules on its own
motion or complaint.
(b) Suspension of tariffs. The Commission may
suspend a tariff, in whole or in part, during the
pendency of a proceeding to consider the reasonableness
of the tariff, whether it is
discriminatory, or whether it
otherwise violates provisions of this Article, Commission
regulations, or orders, provided the order of suspension
is issued prior to the effective date of the tariff. The
suspension shall remain in effect for 11 months
unless the Commission order provides for a shorter period
of suspension. At the end of the statutory suspension
period, the suspension may be extended by agreement of the
parties; otherwise, the tariff shall go into effect.
(c) Burden of proof in investigation proceedings.
The burden of proof in an investigation proceeding shall
be on the proponent of the rate.
(d) Prescription of tariffs and schedules. The
Commission may prescribe tariffs if it has determined
that a tariff published by a carrier is unreasonable,
discriminatory, or otherwise in violation of this Article,
Commission regulations, or orders. The Commission may
prescribe schedules if it has determined, after
a hearing, that a schedule filed by a carrier is in
violation of this Article, Commission regulations, or orders.
(e) Relief. The Commission may, if it finds a
tariff or schedule is in violation of this Article, its
regulations, or orders, or finds rates or provisions in a
tariff unjust, unreasonable, or discriminatory, direct
the carrier to:
(1) Publish and file a supplement cancelling the
| | tariff or file notice of cancellation of the schedule, in whole or in part;
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(2) Publish and file a new tariff or file a new
| | schedule containing rates and provisions prescribed by the Commission; and
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(3) Repay any overcharges or collect any
| | undercharges, and pay reparations.
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(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-505)
Sec. 15-505.
Ratemaking standards.
Rates for common
carrier by pipeline service must be just, reasonable, and
not discriminatory. The Commission shall, in exercising
its ratemaking powers, consider, among other factors, the
inherent advantages of transportation by common carrier pipeline, the public
need for and interest in adequate and efficient
transportation service, at rates consistent with
provision of the service, and the revenue needs of
carriers under honest, economical, and efficient
management. The Commission shall not, in exercising its
ratemaking powers, consider the value of any operating
authority held by a carrier, or the value of goodwill
or earning power connected with operations of the
carrier.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-506)
Sec. 15-506.
Charges to conform to tariffs or schedules
and orders of the Commission.
(a) Overcharges and
undercharges prohibited. No common carrier by pipeline
shall offer, advertise, charge, demand, collect, or
receive, in any manner, a greater, lesser, or different
compensation for transportation or service in
connection therewith than the rates and charges specified
in tariffs or schedules on file with the Commission and
in effect at the time the transportation or other
service is rendered. No carrier shall offer,
advertise, charge, demand, collect, or receive any
compensation for transportation or other service
rendered in connection therewith if there is not in
effect at the time a lawfully applicable tariff or
schedule. No carrier shall refund or
remit, in any manner, or by any device, whether directly
or indirectly, or through an agent or otherwise, other
than or under Commission order, a portion of the
rates or charges specified in tariffs or schedules on
file with the Commission and in effect at the time. No
carrier shall extend a discount,
value, privilege, or facility for transportation or
service rendered in connection therewith, except as
specified in tariffs or schedules on file with the
Commission and in effect at the time.
(b) Repayment of overcharges, collection of
undercharges and reparations.
(1) Repayment of overcharges and payment of
| | reparations. The Commission may order a common carrier by pipeline to pay to one or more shippers the amount of compensation the carrier received that was greater than the rates and charges specified in tariffs or schedules in effect at the time the carrier rendered the transportation or other service in connection therewith. The Commission may likewise order a common carrier by pipeline to pay to one or more shippers the amount of compensation the carrier received that was greater than reasonable rates and charges as determined by the Commission.
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(2) Collection of undercharges. The Commission may
| | order a common carrier by pipeline to make all reasonable efforts to collect from one or more shippers the difference between amounts collected and the amount of compensation specified in tariffs or schedules in effect at the time the transportation or other service in connection therewith was rendered.
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(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-507)
Sec. 15-507.
Joint rates and routes.
(a) Establishment
by carriers. Two or more common carriers by pipeline may
establish through routes and joint rates, provided that
the rates, divisions, and practices relating thereto
are just, reasonable, and not discriminatory.
(b) Establishment by the Commission. The Commission
may, on its own motion, petition, or complaint, where
2 or more carriers by pipeline have failed to establish
through routes, joint rates, divisions, and practices
relating thereto, establish such routes, rates, divisions,
and practices. The Commission shall take this action
only after notice and a hearing to consider whether the
proposed routes, rates, divisions, and practices are just,
reasonable, and not discriminatory, whether a carrier
has a reasonable objection to establishment of the
routes, rates, divisions, and practices, and whether the
objections can be satisfied by imposing reasonable terms
and conditions on the application of the routes, rates,
divisions, and practices.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-508)
Sec. 15-508.
Statute of limitations for charges.
(a)
Collection actions. Actions to collect charges under
lawfully applicable rates must be instituted within 3
years after rendition of the service.
(b) Reparations or overcharge proceedings.
Petitions seeking reparations or repayment of overcharges
must be filed with the Commission within 3 years after
rendition of the service, and an action seeking judicial
enforcement of a Commission order awarding reparations
must be instituted within one year after issuance of such
order. Where an action seeking judicial review of a
Commission order awarding reparations is filed, the time
preceding final adjudication of the action shall be
excluded in computing the time for instituting the action
seeking judicial enforcement of the Commission order.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-509)
Sec. 15-509.
Rules.
The Commission may adopt standards and
procedures to ensure that the rates of common carriers by pipeline are
reasonable and not discriminatory. These regulations may provide
for prescription of rates, or for publications subject to
investigation and suspension, and may establish special standards
and procedures for other matters necessary to
effectuate the purposes of this Article.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-601)
Sec. 15-601.
Safety regulation.
Each common carrier by
pipeline shall construct, maintain, and operate all of
its pipelines, related facilities, and equipment in this
State in a manner that poses no undue risk to its
employees, customers, or the public. The obligation of
the carrier shall include the construction, maintenance,
and operation of safety devices or structures, the
revision of practices effecting safety, and other acts
necessary to ensure the safety of its employees,
customers, and the public. The Commission may, by
reference to federal safety regulations or otherwise,
adopt reasonable regulations governing the construction,
maintenance, and operations of pipelines, related
facilities, and equipment to ensure the safety of
pipeline employees, customers, and the public.
(Source: P.A. 89-42, eff. 1-1-96.)
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(220 ILCS 5/15-701)
Sec. 15-701.
Grandfather provision.
All certificates of
public convenience and necessity for common carrier by
pipeline, tariffs and schedules, and findings, orders,
decisions, rules, and regulations, issued under the
repealed provisions of the Illinois Commercial Transportation Law, and not
subject to judicial
review as
of the effective date of this amendatory Act of 1995, shall
continue in full force and effect as if adopted, issued,
established, or recognized under the Public Utilities
Act.
(Source: P.A. 89-42, eff. 1-1-96.)
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