Sen. James F. Clayborne Jr.

Filed: 4/3/2008

 

 


 

 


 
09500SB2105sam002 LRB095 19521 MJR 48890 a

1
AMENDMENT TO SENATE BILL 2105

2     AMENDMENT NO. ______. Amend Senate Bill 2105, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Public Utilities Act is amended by changing
6 Section 16-115 as follows:
 
7     (220 ILCS 5/16-115)
8     Sec. 16-115. Certification of alternative retail electric
9 suppliers.
10     (a) Any alternative retail electric supplier must obtain a
11 certificate of service authority from the Commission in
12 accordance with this Section before serving any retail customer
13 or other user located in this State. An alternative retail
14 electric supplier may request, and the Commission may grant, a
15 certificate of service authority for the entire State or for a
16 specified geographic area of the State.

 

 

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1     (b) An alternative retail electric supplier seeking a
2 certificate of service authority shall file with the Commission
3 a verified application containing information showing that the
4 applicant meets the requirements of this Section. The
5 alternative retail electric supplier shall publish notice of
6 its application in the official State newspaper within 10 days
7 following the date of its filing. No later than 45 days after
8 the application is properly filed with the Commission, and such
9 notice is published, the Commission shall issue its order
10 granting or denying the application.
11     (c) An application for a certificate of service authority
12 shall identify the area or areas in which the applicant intends
13 to offer service and the types of services it intends to offer.
14 Applicants that seek to serve residential or small commercial
15 retail customers within a geographic area that is smaller than
16 an electric utility's service area shall submit evidence
17 demonstrating that the designation of this smaller area does
18 not violate Section 16-115A. An applicant that seeks to serve
19 residential or small commercial retail customers may state in
20 its application for certification any limitations that will be
21 imposed on the number of customers or maximum load to be
22 served.
23     (d) The Commission shall grant the application for a
24 certificate of service authority if it makes the findings set
25 forth in this subsection based on the verified application and
26 such other information as the applicant may submit:

 

 

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1         (1) That the applicant possesses sufficient technical,
2     financial and managerial resources and abilities to
3     provide the service for which it seeks a certificate of
4     service authority. In determining the level of technical,
5     financial and managerial resources and abilities which the
6     applicant must demonstrate, the Commission shall consider
7     (i) the characteristics, including the size and financial
8     sophistication, of the customers that the applicant seeks
9     to serve, and (ii) whether the applicant seeks to provide
10     electric power and energy using property, plant and
11     equipment which it owns, controls or operates. An applicant
12     may demonstrate satisfactory financial qualifications by
13     providing a copy of a Dun & Bradstreet Information Report
14     that demonstrates, at a minimum, that and applicant has a
15     Composite Credit Appraisal of 3 or lower and a PAYDEX score
16     of 70 or higher. If the applicant does not have a Dun &
17     Bradstreet Composite Credit Appraisal, then the applicant
18     may provide a copy of an Experian Small Business
19     Intelliscore report that demonstrates, at a minimum, that
20     the applicant has an Intelliscore of 63 or higher. At the
21     time of application for either certification or
22     recertification, the report shall be no more than 30 days
23     old. This method of demonstrating financial qualification
24     shall be in addition to any other method adopted by the
25     Commission;
26         (2) That the applicant will comply with all applicable

 

 

09500SB2105sam002 - 4 - LRB095 19521 MJR 48890 a

1     federal, State, regional and industry rules, policies,
2     practices and procedures for the use, operation, and
3     maintenance of the safety, integrity and reliability, of
4     the interconnected electric transmission system;
5         (3) That the applicant will only provide service to
6     retail customers in an electric utility's service area that
7     are eligible to take delivery services under this Act;
8         (4) That the applicant will comply with such
9     informational or reporting requirements as the Commission
10     may by rule establish and provide the information required
11     by Section 16-112. Any data related to contracts for the
12     purchase and sale of electric power and energy shall be
13     made available for review by the Staff of the Commission on
14     a confidential and proprietary basis and only to the extent
15     and for the purposes which the Commission determines are
16     reasonably necessary in order to carry out the purposes of
17     this Act;
18         (5) (Blank);
19         (6) With respect to an applicant that seeks to serve
20     residential or small commercial retail customers, that the
21     area to be served by the applicant and any limitations it
22     proposes on the number of customers or maximum amount of
23     load to be served meet the provisions of Section 16-115A,
24     provided, that the Commission can extend the time for
25     considering such a certificate request by up to 90 days,
26     and can schedule hearings on such a request;

 

 

09500SB2105sam002 - 5 - LRB095 19521 MJR 48890 a

1         (7) That the applicant meets the requirements of
2     subsection (a) of Section 16-128; and
3         (8) That the applicant will comply with all other
4     applicable laws and regulations.
5     (e) A retail customer that owns a cogeneration or
6 self-generation facility and that seeks certification only to
7 provide electric power and energy from such facility to retail
8 customers at separate locations which customers are both (i)
9 owned by, or a subsidiary or other corporate affiliate of, such
10 applicant and (ii) eligible for delivery services, shall be
11 granted a certificate of service authority upon filing an
12 application and notifying the Commission that it has entered
13 into an agreement with the relevant electric utilities pursuant
14 to Section 16-118. Provided, however, that if the retail
15 customer owning such cogeneration or self-generation facility
16 would not be charged a transition charge due to the exemption
17 provided under subsection (f) of Section 16-108 prior to the
18 certification, and the retail customers at separate locations
19 are taking delivery services in conjunction with purchasing
20 power and energy from the facility, the retail customer on
21 whose premises the facility is located shall not thereafter be
22 required to pay transition charges on the power and energy that
23 such retail customer takes from the facility.
24     (f) The Commission shall have the authority to promulgate
25 rules and regulations to carry out the provisions of this
26 Section. On or before May 1, 1999, the Commission shall adopt a

 

 

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1 rule or rules applicable to the certification of those
2 alternative retail electric suppliers that seek to serve only
3 nonresidential retail customers with maximum electrical
4 demands of one megawatt or more which shall provide for (i)
5 expedited and streamlined procedures for certification of such
6 alternative retail electric suppliers and (ii) specific
7 criteria which, if met by any such alternative retail electric
8 supplier, shall constitute the demonstration of technical,
9 financial and managerial resources and abilities to provide
10 service required by subsection (d) (1) of this Section, such as
11 a requirement to post a bond or letter of credit, from a
12 responsible surety or financial institution, of sufficient
13 size for the nature and scope of the services to be provided;
14 demonstration of adequate insurance for the scope and nature of
15 the services to be provided; and experience in providing
16 similar services in other jurisdictions.
17 (Source: P.A. 95-130, eff. 1-1-08.)
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".