(220 ILCS 5/9-253)
(a) If the Commission or a court
determines that a public utility has overcharged its customers
and orders that a refund be made to customers of the utility, a
portion of the refund shall be set aside
during the refund period
or for 120 days after the refund is ordered, whichever is longer,
and shall be used to pay
refunds to customers who were overcharged and are no longer
customers of the utility. The Commission shall determine the
amount to be set aside for refunds to former customers. The
Commission shall periodically review the appropriateness of the
amount of funds set aside for purposes of compensating former
customers and make adjustments as needed.
(b) The utility ordered to make the refund shall notify the
public in the form designated by the Commission. In determining
the form of the notice, the Commission shall take into account
the effectiveness of the format in reaching former customers as
well as the administrative costs of notifying past customers.
(c) A portion of the funds set aside for refunds to former
customers may be used to cover administrative costs of the
refund. The Commission shall determine the reasonableness of
such administrative costs and shall establish a formula for
determining how much of the funds may be used for administrative
(d) Only a former customer who was a customer of the utility during the
period of the overcharges and who files a claim with the utility during the
refund period or within 120 days after the refund is ordered, whichever is
and proves that he was a customer of the utility during the period of
overcharges shall be entitled to a refund under this Section. A claim for a
refund shall be in writing on a form provided by the utility. For purposes of
"prove" means providing a copy of a past bill for utility services
which shows that the claimant was a customer of record of the utility during
the period of overcharges. The claimant shall not be obligated to provide a
past bill if there is less than 24 months between the date of the refund and
the period of the service to which the refund applies.
(e) If a former customer claims a refund and owes a past due
amount to the utility, the refund amount shall be reduced by the
amount the customer owes the utility and that past due amount
shall be returned to the utility.
(f) Interest shall accrue on the funds set aside until all moneys
have been paid out to customers.
(g) At the end of the refund period or 120 days after the refund is
ordered, whichever is longer, any balance remaining after all legitimate
refunds have been paid shall be refunded to current customers of
the utility as a credit on their bills.
(h) The Commission shall determine the formula on how amounts for refunds
to former customers shall be calculated.
(i) This Section does not apply to refunds which were ordered
prior to the effective date of this amendatory Act of 1994.
(j) This Section does not apply to refunds ordered in reconciliation
proceedings pursuant to Section 9-220 of the Public Utilities Act.
(Source: P.A. 88-639, eff. 9-9-94.)