HB3036 EngrossedLRB097 05714 ASK 45778 b

1    AN ACT concerning public utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 16-120 as follows:
 
6    (220 ILCS 5/16-120)
7    Sec. 16-120. Development of competitive market; Commission
8study and reports; investigation.
9    (a) On or before December 31, 1999 and once every 3 years
10thereafter, the Commission shall monitor and analyze patterns
11of entry and exit, applications for entry and exit, and any
12barriers to entry or participation that may exist, for services
13provided under this Article; shall analyze any impediments to
14the establishment of a fully competitive energy and power
15market in Illinois; and shall include its findings together
16with appropriate recommendations for legislative action in a
17report to the General Assembly.
18    (b) Beginning in 2001, and ending in 2006, and beginning
19again in 2012, the Commission shall prepare an annual report
20regarding the development of electricity markets in Illinois
21which shall be filed by April 1 of each year with the Joint
22Committee on Legislative Support Services of the General
23Assembly and the Governor and which shall be publicly

 

 

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1available. Such report shall include, at a minimum, the
2following information:
3        (1) the aggregate annual peak demand of retail
4    customers in the State of Illinois in the preceding
5    calendar year;
6        (2) the total annual kilowatt-hours delivered and sold
7    to retail customers in the State of Illinois by each
8    electric utility within its own service territory, each
9    electric utility outside its service territory, and
10    alternative retail electric suppliers in the preceding
11    calendar year;
12        (3) the percentage of the total kilowatt-hours
13    delivered and sold to retail customers in the State of
14    Illinois in the preceding calendar year by each electric
15    utility within its service territory, each electric
16    utility outside its service territory, and each
17    alternative retail electric supplier; and
18        (4) any other information the Commission considers
19    significant in assessing the development of Illinois
20    electricity markets, which may include, to the extent
21    available, information similar to that described in items
22    1, 2 and 3 with respect to cogeneration, self-generation
23    and other sources of electric power and energy provided to
24    customers that do not take delivery services or bundled
25    electric utility services; and
26        (5) the status of consumer protections for the retail

 

 

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1    customers of alternative retail electric suppliers, and
2    recommendations for improving such consumer protections
3    whether through administrative action, Commission rule, or
4    recommendations to the General Assembly for adoption based
5    on conditions in Illinois and other states with competitive
6    markets for retail electric customers.
7    The Commission may also include such other information as
8it deems to be necessary or beneficial in describing or
9explaining the results of its Report. The Report required by
10this Section shall be adopted by a vote of the full Commission
11prior to filing. Proprietary or confidential information shall
12not be disclosed publicly. Nothing contained in this Section
13shall prohibit the Commission from taking actions that would
14otherwise be allowed under this Act.
15    (c) The Commission shall prepare a report on the value of
16municipal aggregation of electricity customers. The report
17shall be filed with the General Assembly and the Governor no
18later than January 15, 2003 and shall be publicly available.
19The report shall, at a minimum, include:
20        (1) a description and analysis of actual and potential
21    forms of aggregation of electricity customers in Illinois
22    and in the other states, including aggregation through
23    municipal, affinity, and other organizations and through
24    aggregation of consumer purchases of electricity from
25    renewable energy sources;
26        (2) estimates of the potential benefits of municipal

 

 

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1    aggregation to Illinois electricity customers in at least 5
2    specific municipal examples comparing their costs under
3    bundled rates and unbundled rates, including real-time
4    prices;
5        (3) a description of the barriers to municipal and
6    other forms of aggregation in Illinois, including legal,
7    economic, informational, and other barriers; and
8        (4) options for legislative action to foster municipal
9    and other forms of aggregation of electricity customers.
10    In preparing the report, the Commission shall consult with
11persons involved in aggregation or the study of aggregation of
12electricity customers in Illinois, including municipalities,
13utilities, aggregators, and non-profit organizations. The
14provisions of Section 16-122 notwithstanding, the Commission
15may request and utilities shall provide such aggregated load
16data as may be necessary to perform the analyses required by
17this subsection; provided, however, proprietary or
18confidential information shall not be disclosed publicly.
19(Source: P.A. 92-585, eff. 6-26-02.)