Chapter 8.90
EMERGENCY ENERGY PLANS

Sections:

8.90.010    Definitions.

8.90.020    Submittal of emergency energy plan.

8.90.030    Review of plan.

8.90.040    Implementation of emergency energy plan.

8.90.050    Violations – Enforcement.

8.90.060    Construction.

8.90.070    Severability.

8.90.010 Definitions.

As used in this chapter, unless the context otherwise requires:

A. “Control area” means an electrical system bounded by interconnection (tie-line) metering and telemetry. It controls generation directly to maintain its interchange schedule with other control areas and contributes to frequency regulation of the interconnection.

B. “Control area emergency” means that control area is at risk of having to shed firm load, having taken or committed to take all feasible mitigating action short of shedding firm load and firm sales.

C. “Controlled rotating interruptions of electrical service” means the implementation of a plan to curtail electric service to firm load customers for a short period of time and rotating this curtailment of electric service through different areas within the electric utility’s service territory in a situation where the demand has exceeded or is at significant risk of exceeding the supply of electricity available to the electric utility. The action of an electric utility to interrupt or curtail electric service to a customer participating in or taking service under an interruptible or curtailable rate is not included in this definition of a “controlled rotating interruption of electric service.”

D. “Emergency energy plan” means the portions of the emergency load conservation procedures, which immediately precede and include the controlled rotating interruption of electrical service to firm load customers within the village. The emergency energy plan shall include the following steps:

1. A request for emergency help from neighboring utilities;

2. A declaration of a control area emergency;

3. A public appeal for voluntary curtailment of electricity use; and

4. Implementation of the plan for controlled rotating interruptions of electrical service.

E. “Emergency load conservation procedures” means a planned course of action developed by an electric utility company to be implemented in emergency situations when the demand for electricity exceeds, or is at significant risk of exceeding, the supply of electricity available to the electric utility.

F. “Electric utility company” or “electric utility” means any person or entity engaged in the business of distributing, transmitting, or otherwise delivering electricity, regardless of its source, for use or consumption within the village. This term shall not include any person or entity that delivers electricity to fewer than fifty customers within the village. (Ord. 99-44, 1999)

8.90.020 Submittal of emergency energy plan.

A. Every electric utility company must have adopted an emergency energy plan no later than thirty days after the effective date of this chapter, or within thirty days after becoming an electric utility company, whichever is later. Every such electric utility company shall submit to the village administrator an emergency energy plan adopted by the company no later than thirty days after the effective date of this chapter, or within twenty-four hours of the time the plan is adopted, whichever is later. The electric utility company shall be required to examine and update as needed its emergency energy plan at least annually. The electric utility company shall notify the foregoing public official(s) in writing of any material revisions to this plan and the rationale for said revisions within five business days of the time said revisions are made.

B. The emergency energy plan shall include, at a minimum, information detailing:

1. Circumstances that would require the implementation of the emergency energy plan;

2. Stages of the emergency energy plan;

3. The approximate geographic limits of each outage area provided for in the emergency energy plan;

4. The approximate number of customers within each outage area provided for in the emergency energy plan;

5. The police facilities, fire stations, hospitals, nursing homes, schools, day care centers, senior citizen centers, community health centers, dialysis centers, community mental health centers, correctional facilities, storm water and wastewater treatment or pumping facilities, and water pumping stations that have been identified by the village and persons on life-support systems that are known to the company, and that could be affected by controlled rotating interruptions of electric service under the emergency energy plan; and

6. The anticipated sequence and duration of intentional interruptions of electric service to each outage area under the emergency energy plan. (Ord. 99-44, 1999)

8.90.030 Review of plan.

A. Upon submittal of the emergency energy plan to the village, the village shall review the emergency energy plan in order to determine if the emergency energy plan is complete and to assure appropriate coordination with public health and safety agencies. The village may reject the emergency energy plan if it does not contain all the information required under RMC 8.90.020(B), in which case the village shall notify the electric utility company in writing of said rejection and the reasons therefor. The electric utility company shall thereafter submit a complete emergency energy plan to the village no later than thirty days after such notice is sent by the village.

B. The village and the electric utility shall work cooperatively to:

1. Identify customers and facilities for which a controlled rotating interruption of electric service would require heightened response by village public health and safety agencies;

2. Mitigate the potential impact of the plan on public health and safety; and

3. Mitigate the potential impact of the plan on the village’s public health and safety agencies. (Ord. 99-44, 1999)

8.90.040 Implementation of emergency energy plan.

A. Whenever an electric utility company determines that it may be necessary to implement a controlled rotating interruption of electrical service due to the demand for electricity exceeding, or being at significant risk of exceeding, the supply of electricity available to the electric utility company, the electric utility company shall do the following:

1. Take appropriate action in preparation for implementing a controlled rotating interruption of electric service and notify the appropriate electric utility company personnel; and

2. Notify the village administrator that the electric utility company will be implementing its emergency energy plan. The notification shall be made pursuant to notification procedure approved by village administrator after consultation with the village administrator. The village administrator may waive the notice requirement to accommodate exigent circumstances.

B. Subsequent to providing the notice as required above, an electric utility company shall reasonably and separately advise the designated village officials when it implements each of the steps of the emergency energy plan. Such steps shall include the following:

1. A request for emergency help from neighboring utilities;

2. A declaration of a control area emergency;

3. A public appeal for voluntary curtailment of electricity use.

C. The electric utility company shall give a separate notice to the village administrator, immediately upon the determination that there will be controlled rotating interruption of electric service pursuant to the emergency energy plan. The notification shall include the areas to be interrupted; the sequence and estimated duration of the service outage for each area; and the affected feeders and number of affected customers in each area. Whenever practical, the notification shall be made at least two hours prior to the time of the outages, and in no case shall the notification be made less than thirty minutes prior to the outages, if the company is aware that controlled rotating interruptions may be required.

D. Notification required by this section shall be in addition to any notification requirements set forth in any applicable franchise agreement or franchise ordinance, or as may be required by applicable federal or state law or regulation. (Ord. 99-44, 1999)

8.90.050 Violations – Enforcement.

A. Any electric utility company that knowingly violates this chapter or any rules promulgated thereunder shall be subject to a fine of not less than two thousand five hundred dollars and not more than ten thousand dollars for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

B. The village may apply to any court of competent jurisdiction for an injunction or order to compel the other party to comply with the provisions of this chapter. (Ord. 99-44, 1999)

8.90.060 Construction.

Nothing in this chapter shall be construed to preclude or interfere with the implementation by an electric utility company of measures necessary to assure the provision of adequate, efficient, reliable and environmentally safe service, as required by the Illinois Public Utilities Act (220 ILCS 5/1-101 et seq.). Nothing set forth in this chapter shall be deemed to modify the terms of any existing franchise agreement or franchise ordinance otherwise applicable to any electric utility company, or to excuse any performance required by such agreement or ordinance, or limit any authority that may be exercised pursuant to such agreement or ordinance, or to limit any remedy that may be available under such agreement or ordinance. (Ord. 99-44, 1999)

8.90.070 Severability.

Should any section, paragraph, sentence, clause, phrase or word of this chapter be declared invalid or unconstitutional by a court or agency of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs or sections of this chapter, since the same would have been enacted by the board of trustees without the incorporation in this chapter of any such invalid or unconstitutional word, phrase, clause, sentence, paragraph, or section. (Ord. 99-44, 1999)