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Article III - Definitions

      (220 ILCS 5/Art. III heading)ARTICLE III. DEFINITIONS

(220 ILCS 5/3‑101) (from Ch. 111 2/3, par. 3‑101)     Sec. 3‑101. Definitions. Unless otherwise specified, the terms set forth in Sections 3‑102 through 3‑121 are used in this Act as therein defined. (Source: P.A. 84‑617; 84‑1118.)

(220 ILCS 5/3‑102) (from Ch. 111 2/3, par. 3‑102)     Sec. 3‑102. "Commission" means the Illinois Commerce Commission, which is created and established under the provisions of this Act. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑103) (from Ch. 111 2/3, par. 3‑103)     Sec. 3‑103. "Commissioner" means one of the members of the Commission. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑104) (from Ch. 111 2/3, par. 3‑104)     Sec. 3‑104. "Executive Director" means the person holding the position of Executive Director created and established under the provisions of this Act. (Source: P.A. 84‑617.)

    (220 ILCS 5/3‑105)(from Ch. 111 2/3, par. 3‑105)
    Sec. 3‑105. Public utility.
    (a) "Public utility" means and includes, except where otherwise expressly provided in this Section, every corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in:
        (1) the production, storage, transmission, sale,

delivery or furnishing of heat, cold, power, electricity, water, or light, except when used solely for communications purposes;

(2) the disposal of sewerage; or         (3) the conveyance of oil or gas by pipe line.     (b) "Public utility" does not include, however:         (1) public utilities that are owned and operated by

any political subdivision, public institution of higher education or municipal corporation of this State, or public utilities 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;

(2) water companies which are purely mutual

concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person;

(3) electric cooperatives as defined in Section

3‑119;

(4) the following natural gas cooperatives:             (A) residential natural gas cooperatives that are

not‑for‑profit corporations established for the purpose of administering and operating, on a cooperative basis, the furnishing of natural gas to residences for the benefit of their members who are residential consumers of natural gas. For entities qualifying as residential natural gas cooperatives and recognized by the Illinois Commerce Commission as such, the State shall guarantee legally binding contracts entered into by residential natural gas cooperatives for the express purpose of acquiring natural gas supplies for their members. The Illinois Commerce Commission shall establish rules and regulations providing for such guarantees. The total liability of the State in providing all such guarantees shall not at any time exceed $1,000,000, nor shall the State provide such a guarantee to a residential natural gas cooperative for more than 3 consecutive years; and

(B) natural gas cooperatives that are

not‑for‑profit corporations operated for the purpose of administering, on a cooperative basis, the furnishing of natural gas for the benefit of their members and that, prior to 90 days after the effective date of this amendatory Act of the 94th General Assembly, either had acquired or had entered into an asset purchase agreement to acquire all or substantially all of the operating assets of a public utility or natural gas cooperative with the intention of operating those assets as a natural gas cooperative;

(5) sewage disposal companies which provide sewage

disposal services on a mutual basis without establishing rates or charges for services, but paying the operating expenses by assessment upon the members of the company and no others;

(6) (Blank);         (7) cogeneration facilities, small power production

facilities, and other qualifying facilities, as defined in the Public Utility Regulatory Policies Act and regulations promulgated thereunder, except to the extent State regulatory jurisdiction and action is required or authorized by federal law, regulations, regulatory decisions or the decisions of federal or State courts of competent jurisdiction;

(8) the ownership or operation of a facility that

sells compressed natural gas at retail to the public for use only as a motor vehicle fuel and the selling of compressed natural gas at retail to the public for use only as a motor vehicle fuel;

(9) alternative retail electric suppliers as defined

in Article XVI; and

(10) the Illinois Power Agency. (Source: P.A. 94‑738, eff. 5‑4‑06; 95‑481, eff. 8‑28‑07.)

(220 ILCS 5/3‑112) (from Ch. 111 2/3, par. 3‑112)     Sec. 3‑112. "Company," when used in connection with a public utility, includes any corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing such a public utility, but not municipal corporations. "Company" when used other than in connection with a public utility, includes any corporation, company, limited liability company, association, joint stock company or association, firm or partnership, but does not include municipal corporations. (Source: P.A. 88‑480.)

(220 ILCS 5/3‑113) (from Ch. 111 2/3, par. 3‑113)     Sec. 3‑113. "Corporation" includes any corporation, company, limited liability company, association, joint stock company or association, but not municipal corporations. (Source: P.A. 88‑480.)

(220 ILCS 5/3‑114) (from Ch. 111 2/3, par. 3‑114)     Sec. 3‑114. "Person" includes an individual, firm, limited liability company, or co‑partnership. (Source: P.A. 88‑480.)

(220 ILCS 5/3‑115) (from Ch. 111 2/3, par. 3‑115)     Sec. 3‑115. "Service" is used in its broadest and most inclusive sense, and includes not only the use or accommodation afforded consumers or patrons, but also any product or commodity furnished by any public utility and the plant, equipment, apparatus, appliances, property and facilities employed by, or in connection with, any public utility in performing any service or in furnishing any product or commodity and devoted to the purposes in which such public utility is engaged and to the use and accommodation of the public. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑116) (from Ch. 111 2/3, par. 3‑116)     Sec. 3‑116. "Rate" includes every individual or joint rate, fare, toll, charge, rental or other compensation of any public utility or any two or more such individual or joint rates, fares, tolls, charges, rental or other compensation of any public utility or any schedule or tariff thereof, and any rule, regulation, charge, practice or contract relating thereto. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑117) (from Ch. 111 2/3, par. 3‑117)     Sec. 3‑117. "City council" includes the mayor and commissioners of cities which have adopted the Commission form of municipal government and the council of all other cities and the president and board of trustees of villages and incorporated towns. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑118) (from Ch. 111 2/3, par. 3‑118)     Sec. 3‑118. "City" includes all villages and incorporated towns. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑119) (from Ch. 111 2/3, par. 3‑119)     Sec. 3‑119. "Electric cooperative" is any electric cooperative which is subject to the Electric Suppliers Act, enacted by the 74th General Assembly, and has the same meaning as is defined in Section 3.4 of that Act. (Source: P.A. 84‑617.)

(220 ILCS 5/3‑120) (from Ch. 111 2/3, par. 3‑120)     Sec. 3‑120. As used in Section 3‑121 of this Act, the term "intrastate public utility business" includes all that portion of the business of the public utilities designated in Section 3‑105 of this Act and over which this Commission has jurisdiction under the provisions of this Act. (Source: P.A. 84‑617; 84‑1118.)

    (220 ILCS 5/3‑121)(from Ch. 111 2/3, par. 3‑121)
    Sec. 3‑121. As used in Section 2‑202 of this Act, the term "gross revenue" includes all revenue which (1) is collected by a public utility subject to regulations under this Act (a) pursuant to the rates, other charges, and classifications which it is required to file under Section 9‑102 of this Act and (b) pursuant to emergency rates as permitted by Section 9‑104 of this Act, and (2) is derived from the intrastate public utility business of such a utility. Such term does not include revenue derived by such a public utility from the sale of public utility services, products or commodities to another public utility, to an electric cooperative, or to a natural gas cooperative for resale by such public utility, electric cooperative, or natural gas cooperative. "Gross revenue" shall not include any charges added to customers' bills pursuant to the provisions of Section 9‑221, 9‑221.1 and 9‑222 of this Act or consideration received from business enterprises certified under Section 9‑222.1 of this Act to the extent of such exemption and during the period in which the exemption is in effect.
(Source: P.A. 94‑738, eff. 5‑4‑06.)

(220 ILCS 5/3‑122)     Sec. 3‑122. Electronic. "Electronic" includes electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies. (Source: P.A. 91‑341, eff. 7‑29‑99.)