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1999-028e � ORDINANCE NO. 99- 28 AN ORDINANCE TO PROVIDE FOR A LOCAL EMERGENCY ENERGY PLAN WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village "), find that the Village is an Illinois home rule municipal corporation as provided for in Article VII, Section 6 of the 1970 Constitution of the State of Illinois and, as such, may exercise any power pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; and WHEREAS, the President and Board of Trustees further find that it is the most basic responsibility of the Village to ensure the protection.of the health, safety and welfare of persons and property within the Village; and WHEREAS, the President and Board of Trustees further find that electric utilities have a responsibility to protect the integrity of the electrical transmission and distribution systems and the interconnected network; and WHEREAS, certain electric utilities have developed emergency load conservation procedures to protect the integrity of their electrical transmission and distribution systems and the interconnected network, which contain plans for the controlled rotating interruption of electrical service, sometimes known as "rolling blackouts," which could be implemented in portions of the Village under certain emergency circumstances, such as when the demand for electricity continues to exceed the supply after other measures have been taken; and WHEREAS, the impacts of such controlled rotating outages may affect the ability of the Village to provide emergency services to its citizens insofar as such outages may interrupt essential services to the community, such as traffic signalization and operation of water pumping stations; and WHEREAS, the Village may or may not chose to provide additional assistance to certain facilities and customers such as hospitals, nursing homes, persons on life- support systems, schools, high -rise buildings, and day -care centers if their electrical service is interrupted during such controlled rotating service outages; and WHEREAS, the public health, welfare and safety require that the Village know where and when such controlled rotating service outages are likely to occur so that the public health and safety agencies and other personnel can be deployed quickly and efficiently, and so that alternative means to meet service needs can be sought or implemented; and WHEREAS, the public health, welfare and safety require that the.Village be made aware of controlled rotating service outage plans developed by electric utilities, and be notified in advance when those plans are expected to be 1 o � implemented, so that the Village may provide necessary services and assistance to the public. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS the following: Section 1. The foregoing findings of fact and recitals, and each of them, are hereby made a part of this Ordinance and are incorporated by reference as if set forth verbatim herein. Section 2. Definitions. A. For purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1. "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. 2. "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. 3. "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. 4. "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: a. a request for emergency help from neighboring utilities; b. a declaration of a Control Area Emergency; C. a public appeal for voluntary curtailment of electricity use; and d. implementation of the plan for Controlled Rotating Interruptions of Electric Service. 5. "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. 2 o � 6. "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 50 customers within the Village. Section 3. Submittal of Emergency Energy Plan A. Every Electric Utility Company must have adopted an Emergency Energy Plan no later than thirty (30) days after the effective date of this Ordinance, or within thirty (30) days after becoming an Electric Utility Company, whichever is later. Every such Electric Utility Company shall submit to the Village's Director of Public Works an Emergency Energy Plan adopted by the company no later than thirty (30) days after the effective date of this Ordinance, or within twenty -four (24) 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 in writing, of any material revisions to its plan and the rationale for said revisions within five (5) business days of time the 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, stormwater 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. Section 4. 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 Section 3 above, in which case the 3 o • 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 (30) 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 Interruptions 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 duties of the Village's public health and safety agencies. Section 5. Implementation of Emergency Energy Plan A. Whenever an Electric Utility Company determines that it may be necessary to implement a Controlled Rotating Interruption of Electric Service due to the demand for electricity exceeding, or being at a 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's Director of Public Works that the Electric Utility Company will be implementing its Emergency Energy Plan. The notification shall be made pursuant to a notification procedure approved by the Director of Public Works after consultation with the Village Manager. The Director of Public Works may waive the notice requirement to accommodate exigent circumstances. B. Subsequent to providing the notice as required above, the Electric Utility Company shall reasonably and separately advise the Village's Director of Public Works 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 electric use. C. The Electric Utility shall give a separate notice to the Village's Director of Public Works immediately upon the determination that there will be a 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 ( 2 ) hours prior to the time of the outages, and in no case shall the notification be made less than thirty (30) minutes prior to the outages, if the company is aware that controlled rotating 4 0 0 interruptions may be required. D. Notification required by the 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 regulation. Section 6. Violations; Enforcement Any Electric Utility Company that knowingly violates this Ordinance or any rules promulgated thereunder shall be subject to a fine of not less than $2,500 and not more than $10,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. 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 Ordinance. Section 7. Construction Nothing in this Ordinance 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 Ordinance 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 pursuant to such agreement or ordinance, or to 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. Section 8. Severability Should any section, paragraph, sentence, clause, phrase or word of this Ordinance 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 Ordinance, since the same would have been enacted by the President and Board of Trustees without the incorporation in this Ordinance of any such invalid or unconstitutional word, phrase, clause, sentence, paragarph or section. Section 9. This Ordinance shall be in full force and effect after its passage, approval and publication as required by law. This Ordinance shall not be codified. 5 0 0 AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PASSED: April 5, ,1999. APPROVED: April 5 ,1999. PUBLISHED: April 6 ,1999. ATTEST: Villa Jerk t VILLAGE OF BUFFALO C /GROVE �i ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF FFALO GR E THIS DAY OF , 19f Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffal rove, Cook & Lake Counties, Illin is, this day of 19� Village Cleric By D puty Village Clerk i VILLAGE OF BUFFALO C /GROVE �i ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF FFALO GR E THIS DAY OF , 19f Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffal rove, Cook & Lake Counties, Illin is, this day of 19� Village Cleric By D puty Village Clerk i 0 ORDINANCE NO. 99- 28 AN ORDINANCE TO PROVIDE FOR A LOCAL EMERGENCY ENERGY PLAN WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village "), find that the Village is an Illinois home rule municipal corporation as provided for in Article VII, Section 6 of the 1970 Constitution of the State of Illinois and, as such, may exercise any power pertaining to its government and affairs, including, but not limited to, the power to regulate for the protection of the public health, safety, morals, and welfare; and WHEREAS, the President and Board of Trustees further find that it is the most basic responsibility of the Village to ensure the protection of the health, . safety and welfare of persons and property within the Village; and WHEREAS, the President and Board of Trustees further find that electric utilities have a responsibility to protect the integrity of the electrical transmission and distribution systems and the interconnected network; and WHEREAS, certain electric utilities have developed emergency load conservation procedures to protect the integrity of their electrical transmission and distribution systems and the interconnected network, which contain plans for the controlled rotating interruption of electrical service, sometimes known as "rolling blackouts," which could be implemented in portions of the Village under certain emergency circumstances, such as when the demand for electricity continues to exceed the supply after other measures have been taken; and WHEREAS, the impacts of such controlled rotating outages may affect the ability of the Village to provide emergency services to its citizens insofar as such outages may interrupt essential services to the community, such as traffic signalization and operation of water pumping stations; and WHEREAS, the Village may or may not chose to provide additional assistance to certain facilities and customers such as hospitals, nursing homes, persons on life - support systems, schools, high -rise buildings, and day -care centers if their electrical service is interrupted during such controlled rotating service outages; and WHEREAS, the public health, welfare and safety require that the Village know where and when such controlled rotating service outages are likely to occur so that the public health and safety agencies and other personnel can be deployed quickly and efficiently, and so that alternative means to meet service needs can be sought or implemented; and WHEREAS, the public health, welfare and safety require that the Village be made aware of controlled rotating service outage plans developed by electric utilities, and be notified in advance when those plans are expected to be 1 implemented, so that the Village may provide necessary services and assistance to the public. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS the following: Section 1. The foregoing findings of fact and recitals, and each of them, are hereby made a part of this Ordinance and are incorporated by reference as if set forth verbatim herein. Section 2. Definitio A. For purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1. "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. 2. "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. 3. "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. 4. "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: a. a request for emergency help from neighboring utilities; b. a declaration of a Control Area Emergency; C. a public appeal for voluntary curtailment of electricity use; and d. implementation of the plan for Controlled Rotating Interruptions of Electric Service. 5. "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. FA 6. "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 50 customers within the Village. Section 3. Submittal of Emergency Energy Plan A. Every Electric Utility Company must have adopted an Emergency Energy Plan no later than thirty (30) days after the effective date of this Ordinance, or within thirty (30) days after becoming an Electric Utility Company, whichever is later. Every such Electric Utility Company shall submit to the Village's Director of Public Works an Emergency Energy Plan adopted by the company no later than thirty (30) days after the effective date of this Ordinance, or within twenty -four (24) 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 in writing, of any material revisions to its plan and the rationale for said revisions within five (5) business days of time the 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, stormwater 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. Section 4. 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 Section 3 above, in which case the 3 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 (30) 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 Interruptions 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 duties of the Village's public health and safety agencies. Section 5. Implementation of Emergency Energy Plan A. Whenever an Electric Utility Company determines that it may be necessary to implement a Controlled Rotating Interruption of Electric Service due to the demand for electricity exceeding, or being at a 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's Director of Public Works that the Electric Utility Company will be implementing its Emergency Energy Plan. The notification shall be made pursuant to a notification procedure approved by the Director of Public Works after consultation with the Village Manager. The Director of Public Works may waive the notice requirement to accommodate exigent circumstances. B. Subsequent to providing the notice as required above, the Electric Utility Company shall reasonably and separately advise the Village's Director of Public Works 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 electric use. C. The Electric Utility shall give a separate notice to the Village's Director of Public Works immediately upon the determination that there will be a 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 (2) hours prior to the time of the outages, and in no case shall the notification be made less than thirty (30) minutes prior to the outages, if the company is aware that controlled rotating 4 interruptions may be``required. D. Notification required by the 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 regulation. Section 6. Violations; Enforcement Any Electric Utility Company that knowingly violates this Ordinance or any rules promulgated thereunder shall be subject to a fine of not less than $2,500 and not more than $10,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. 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 Ordinance. Section 7. Construction Nothing in this Ordinance 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 ILLS 5/1 -101 et seq.). Nothing set forth in this Ordinance 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 pursuant to such agreement or ordinance, or to 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: Section 8. Severability Should any section, paragraph, sentence, clause, phrase or word of this Ordinance 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 Ordinance, since the same would have been enacted by the President and Board of Trustees without the incorporation in this Ordinance of any such invalid or unconstitutional word, phrase, clause, sentence, paragarph or section. Section 9. This Ordinance shall be in full force and effect after its passage, approval and publication as required by law. This Ordinance shall not be codified. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: _0 - None PASSED: April 5• ,1999. APPROVED: April 5 ,1999. PUBLISHED: Aril 6 ,1999. ATTEST: Villa lerk Ai esident 2