TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 453 INTERNET ENROLLMENT RULES
SECTION 453.40 ADDITIONAL REQUIREMENTS FOR AN ELECTRONIC LETTER OF AGENCY (LOA)
Section 453.40 Additional Requirements for an Electronic Letter of Agency (LOA)
a) In addition to the information and structure set out for an LOA in 815 ILCS 505/2EE, by virtue of being in electronic form, an electronic LOA must provide the following additional information:
1) The means by which any future correspondence between the customer and RES will be sent;
2) Whether the customer has the option to receive correspondence via the United States Postal Service or electronic means; and
3) That the customer may opt to receive a written copy of the contract.
b) In addition to the procedures set out for a RES in Section 2EE of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505/2EE], the RES also must abide by the following procedures when utilizing electronic LOAs:
1) Ensure that the customer provides all information necessary to complete the electronic LOA through a securely encrypted input procedure that meets or exceeds current industry practices;
2) Ensure that the customer indicates by a separate affirmative act that it has the authority to execute the electronic LOA;
3) Ensure that the customer understands and assents to the LOA;
4) Include a version number in the body of the electronic LOA in order to permit verification of the particular LOA to which the customer assents;
5) Prompt the customer to print or save a copy of the electronic LOA;
6) Immediately send a message to the customer's registered e-mail account acknowledging receipt of the electronic LOA;
7) Retain the electronic LOA for a period of at least five years after execution; and
8) Provide a written and/or electronic copy of the LOA to the Commission or its Staff, the customer, or the customer's incumbent RES upon request.
c) In the event of any conflict between this Section and the requirements for RESs and LOAs provided in electric utility tariffs on file with the Commission July 1, 2003, this Section shall control.
(Source: Amended at 36 Ill. Reg. 13127, effective August 1, 2012)