TITLE 83: PUBLIC UTLITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412 OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.110 MINIMUM CONTRACT TERMS AND CONDITIONS


 

Section 412.110  Minimum Contract Terms and Conditions

 

The sales contract must disclose the following information to the customer, regardless of the form of marketing used. The sales contract must use 10 point font or larger, and, if it is a separate document, it must not exceed two pages in length.  The sales contract shall include:

 

a)         The legal name of the RES and the name under which the RES will market its products, if different;

 

b)         The RES' business address;

 

c)         The RES' toll-free telephone number for billing questions, disputes and complaints, as well as the Commission's toll-free phone number for complaints;

 

d)         The charges for the service for the length of the contract and, if any charges are variable during the term of the contract, an explanation of how the variable charges are determined;

 

e)         The length of the contract, including any possible automatic renewal clause;

 

f)         The presence or absence of early termination fees or penalties, applicable amounts or the formula pursuant to which they are calculated;

 

g)         Any requirement to pay a deposit for power and energy service, the estimated amount of the deposit or basis on which it is calculated, when the deposit will be returned, and if the deposit will accrue interest;

 

h)         Any fees assessed by the RES to a customer for switching to the RES;

 

i)          The name of the power and energy service for which the customer is being solicited;

 

j)          A statement that the customer may rescind the contract, by contacting the RES, before the RES submits the enrollment request to the electric utility;

 

k)         A statement that the customer may rescind the contract and the pending enrollment, within 10 calendar days after the electric utility processes the enrollment request, by contacting the RES.  Residential customers may rescind the contract and the pending enrollment by contacting either the RES or the electric utility.  The statement shall provide both toll-free phone numbers;

 

l)          A statement that the RES is an independent seller of power and energy service certified by the Illinois Commerce Commission and that the agent is not representing or acting on behalf of the electric utility, governmental bodies (unless the RES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements) or consumer groups;

 

m)        A statement that the electric utility remains responsible for the delivery of power and energy to the customer's premises and will continue to respond to any service calls and emergencies and that switching to an RES will not impact the customer's electric service reliability;

 

n)         A statement that the customer will receive written notification from the electric utility confirming a switch of the customer's power and energy supplier;

 

o)         If savings are guaranteed under certain circumstances, the RES must provide a written statement, in plain language, describing the conditions that must be present in order for the savings to occur.  In the case of telemarketing and in-bound enrollment calls, the statement shall be provided in accordance with Sections 412.130(e) and 412.140(c); and

 

p)         A price per kilowatt hour (kWh) for the power and energy service.  If a product is being offered at a fixed monthly charge that does not change with the customer's usage and the fixed monthly charge does not include delivery service charges, the RES must provide a statement to the customer that the fixed monthly charge is for supply charges only and that it does not include delivery service charges and applicable taxes; therefore, the fixed monthly charge is not the total monthly amount for electric service.  For any product that includes a fixed monthly charge that does not change with the customer's usage and the fixed monthly charge does not include delivery service charges, the RES must provide an estimated price per kWh for the power and energy service using sample monthly usage levels of 500, 1000 and 1,500 kWh.