Jan. 08--The sponsor of a measure to allow Commonwealth Edison to delay legislative oversight as it spends money on a digital smart grid could do an end run around outgoing Democratic Gov. Pat Quinn and put the decision in the hands of incoming Republican Gov. Bruce Rauner.
Senate President John Cullerton, D-Chicago, easily won approval of the change last month. But instead of sending the bill to the governor's desk, Cullerton used a parliamentary move to put a hold on it.
It's a matter of timing. Quinn, who's taken a tough line on some utility legislation, leaves office Monday when Rauner takes the oath as governor. But the new General Assembly isn't sworn in until Wednesday. That leaves a brief window for Cullerton to send the bill to Rauner instead of Quinn.
Quinn expressed little doubt of the strategy behind the delay.
"You probably ought to watch that," Quinn told the Chicago Tribune in a recent interview. "They're waiting for me to leave."
Quinn had vetoed a 2013 smart-grid bill, citing concerns it wasn't fair for consumers and could raise rates, but lawmakers overrode his veto.
Cullerton spokeswoman Rikeesha Phelon said Quinn traditionally "hasn't welcomed utility bills." She confirmed the idea of waiting for Quinn to leave office is a "consideration."
"Since the measure passed both chambers with overwhelming support, we are considering options that will increase the likelihood that the measure is signed into law," Phelon said in an email, adding: "To be clear -- this is just an option on the table."
Cullerton's action -- filing a motion to reconsider the vote on the legislation -- basically froze the time clock he has to send the bill to the governor.
An aide to Senate Republican leader Christine Radogno, a co-sponsor from Lemont, signaled another reason why the strategy might work well for supporters.
"The action came in the fall after Gov. Quinn's loss in the election, leaving a very short amount of time for the legislature to respond if the lame-duck governor made changes or vetoed the legislation," said Radogno spokeswoman Patty Schuh. "By holding it, it allows the incoming governor to take the necessary time to review the legislation and make his decision."
Rauner spokesman Mike Schrimpf provided no insight into how the incoming governor would act. "As governor, Bruce will carefully review any bill that may come to his desk," Schrimpf said.
Under the measure, Commonwealth Edison and Ameren Illinois could avoid legislative oversight until 2019 instead of 2017.
The 2011 law that allowed the utilities to begin the smart grid project required them to report on their progress on installing smart meters and meeting other goals before being allowed to move forward.
For ComEd, the extension would mean it wouldn't have to check in with legislators until after nearly all the money has been spent. As part of the law passed in 2011, ComEd pledged to digitize the electrical grid in exchange for $2.6 billion in consumer rate increases over 10 years.
The Citizens Utility Board, a Chicago-based consumer advocacy group that Quinn helped establish decades ago, had urged legislators to postpone action on the measure until ComEd had more information to provide. Board Executive Director David Kolata said Wednesday that the legislation "doesn't send the right signal."
"While we're generally supportive of smart-grid deployment if it's done right, it's still too early in the process to know if the utilities are maximizing the value for consumers," Kolata said.
Phelon maintained that the smart grid supports jobs and that installations of smart meters have helped consumers manage energy costs. The upgrades also have led to fewer outages.
rlong@tribpub.com
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