TITLE 83: PUBLIC UTILITIES
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 shall contain the disclosures specified in this Section in 12-point type size or larger, in the order presented in this Section.  The disclosures specified in this Section shall appear at the beginning of the sales contract; no other contract terms shall precede these disclosures. Any additional contract language shall use 10-point type size or larger.  The sales contract shall include the following disclosures:

 

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

 

b)         The business address of the RES;

 

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

 

d)         For any product for which the price includes a fixed monthly charge, that does not change with the customer's usage and does not include all supply and delivery service charges, the RES shall provide an estimated total bill for electric service using sample monthly usage levels of 500, 1,000 and 1,500 kWh;

 

e)         For any product offered at a fixed monthly charge that does not change with the customer's usage and does not include all supply and delivery service charges, the RES must provide a statement to the customer stating that the fixed monthly charge is not the total monthly amount for electric service and identifying which charges are not included in the fixed monthly charge;

 

f)         The term of the contract, including any applicable renewal clause disclosed in a manner consistent with this Part;

 

g)         Whether an early termination fee or penalty will be imposed for termination of the contract by the customer prior to the expiration of its term and the applicable amount. If the early termination fee or penalty is not a set amount, the RES shall disclose the manner in which that fee will be calculated;

 

h)         If the RES intends at any point during the term of the contract to seek a deposit or prepayment from the customer, the RES shall identify whether and under what circumstances a deposit or prepayment will be required, along with a disclosure of the manner in which the deposit or prepayment will be calculated and the circumstances in which the deposit or prepayment will be refunded;

 

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

 

j)          If an RES represents that a customer will realize savings under any conditions or circumstances, the RES shall provide a written statement, in plain language, describing the conditions or circumstances that must occur in order for the savings to be realized. The statement shall disclose the entity or entities and price or prices to which the RES is comparing its own offer for purposes of assessing or calculating savings;

 

k)         A statement that the customer may contact the RES to rescind the contract and the pending enrollment within 10 calendar days after the electric utility processes the enrollment request.  Residential customers may rescind the contract and the pending enrollment by contacting either the RES or the electric utility;

 

l)          A statement that the RES is an independent seller of electric power and energy service certified by the Illinois Commerce Commission and that the RES is not representing, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or consumer group program, or a governmental body or progam of a govermental body (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);

 

m)        A statement that:

 

1)         the electric utility remains responsible for the delivery of electric power and energy to the customer's premises and will continue to respond to any service calls and emergencies; and

 

2)         the customer will receive written notification from the electric utility confirming a switch of the customer's electricity supplier; and

 

n)         The toll-free telephone numbers for the RES, the electric utility, and the Commission's Consumer Services Division.

 

(Source:  Amended at 41 Ill. Reg. 13972, effective November 1, 2017)