State of Illinois
91st General Assembly
Legislation

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91_HB0507

 
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 1        AN ACT to amend the  Public  Utilities  Act  by  changing
 2    Section 16-104.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  Public  Utilities  Act  is  amended  by
 6    changing Section 16-104 as follows:

 7        (220 ILCS 5/16-104)
 8        Sec.  16-104.   Delivery  services  transition  plan.  An
 9    electric  utility  shall  provide delivery services to retail
10    customers in accordance with the provisions of this Section.
11        (a)  An  Each  electric  utility  shall  offer   delivery
12    services  to  retail customers located in its service area in
13    accordance with the following provisions:
14             (1)  On or before  October  1,  1999,  the  electric
15        utility   shall   offer  delivery  services  (i)  to  any
16        non-residential retail  customer  whose  average  monthly
17        maximum  electrical  demand  on  the  electric  utility's
18        system  during  the  6 months with the customer's highest
19        monthly maximum demands in the 12 months ending June  30,
20        1999   equals   or  exceeds  4  megawatts;  (ii)  to  any
21        non-governmental,  non-residential,   commercial   retail
22        customers  under common ownership doing business at 10 or
23        more separate locations  within  the  electric  utility's
24        service area, if the aggregate coincident average monthly
25        maximum  electrical  demand  of all such locations during
26        the 6 months with the customer's highest monthly  maximum
27        electrical  demands  during the 12 months ending June 30,
28        1999 equals or exceeds 9.5 megawatts, provided,  however,
29        that  an  electric utility's obligation to offer delivery
30        services under this clause (ii) shall not exceed 3.5%  of
31        the  maximum  electric  demand  on the electric utility's
 
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 1        system in the 12 months ending June 30, 1999;  and  (iii)
 2        to non-residential retail customers whose annual electric
 3        energy  use  comprises  33%  of  the kilowatt-hour sales,
 4        excluding the kilowatt-hour sales to customers  described
 5        in  clauses  (i) and (ii), to each non-residential retail
 6        customer class of the electric utility.
 7             (2)  On or before  October  1,  2000,  the  electric
 8        utility  shall  offer  delivery  services to the eligible
 9        governmental customers described in subsections  (a)  and
10        (b)  of  Section  16-125A  if  the  aggregate  coincident
11        average   monthly   maximum  electrical  demand  of  such
12        customers during the 6 months with the customers' highest
13        monthly maximum electrical demands during the  12  months
14        ending June 30, 2000 equals or exceeds 9.5 megawatts.
15             (3)  On  or  before  December 31, 2000, the electric
16        utility shall offer delivery services  to  all  remaining
17        nonresidential retail customers in its service area.
18             (4)  On  or before May 1, 2002, the electric utility
19        shall offer delivery services to all  residential  retail
20        customers in its service area.
21        The  loads  and  kilowatt-hour sales used for purposes of
22    this subsection shall be those for the 12 months ending  June
23    30,  1999  for  nonresidential retail customers. The electric
24    utility shall identify those customers to be offered delivery
25    service pursuant to clause (1)(iii) pursuant to a lottery  or
26    other random nondiscriminatory selection process set forth in
27    the  electric utility's delivery services implementation plan
28    pursuant to Section 16-105.  Provided,  that  non-residential
29    retail customers under common ownership at separate locations
30    within  the  electric utility's service area may elect, prior
31    to the date the electric  utility  conducts  the  lottery  or
32    other   random  selection  process  for  purposes  of  clause
33    (1)(iii), to  designate  themselves  as  a  common  ownership
34    group,  to  be  excluded  from  such  lottery  and to instead
 
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 1    participate in a separate lottery for such  common  ownership
 2    group  pursuant to which delivery services will be offered to
 3    non-residential retail customers comprising 33% of the  total
 4    kilowatt-hour  sales  to  the  common  ownership  group on or
 5    before October 1, 1999.  For purposes of this subsection (a),
 6    an electric utility may define "common ownership" to  exclude
 7    sites which are not part of the same business, provided, that
 8    auxiliary   establishments   as   defined   in  the  Standard
 9    Industrial Classification  Manual  published  by  the  United
10    States Office of Management and Budget shall not be excluded.
11        (b)  The  electric utility shall allow the aggregation of
12    loads that are eligible for delivery services so long as such
13    aggregation meets the criteria for delivery of electric power
14    and energy applicable to the electric utility established  by
15    the  regional  reliability  council  to  which  the  electric
16    utility   belongs,   by   an   independent  system  operating
17    organization to which the electric  utility  belongs,  or  by
18    another organization responsible for overseeing the integrity
19    and  reliability of the transmission system, as such criteria
20    are in effect from time to time.  The  Commission  may  adopt
21    rules  and regulations governing the criteria for aggregation
22    of the loads utilizing delivery services, but its failure  to
23    do  so shall not preclude any eligible customer from electing
24    delivery services.  The electric  utility  shall  allow  such
25    aggregation   for   any   voluntary  grouping  of  customers,
26    including without limitation those having a common agent with
27    contractual authority to purchase electric power  and  energy
28    and  delivery  services  on  behalf  of  all customers in the
29    grouping.
30        (c)  An electric utility shall allow  a  retail  customer
31    that   generates  power  for  its  own  use  to  include  the
32    electrical demand obtained from the  customer's  cogeneration
33    or  self-generation  facilities  that  is coincident with the
34    retail customer's maximum monthly electrical  demand  on  the
 
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 1    electric   utility's  system  in  any  determination  of  the
 2    customer's maximum monthly electrical demand for purposes  of
 3    determining  when  such  retail  customer  shall  be  offered
 4    delivery  services pursuant to clause (i) of subparagraph (1)
 5    of subsection (a) of this Section.
 6        (d)  The Commission shall establish  charges,  terms  and
 7    conditions  for  delivery services in accordance with Section
 8    16-108.
 9        (e)  Subject  to  the  terms  and  conditions  which  the
10    electric utility is entitled to  impose  in  accordance  with
11    Section  16-108,  a retail customer that is eligible to elect
12    delivery services pursuant to subsection (a) may place all or
13    a portion of its electric power and  energy  requirements  on
14    delivery services.
15        (f)  An  electric  utility  may require a retail customer
16    who elects to (i) use an alternative retail electric supplier
17    or another electric utility for  some  but  not  all  of  its
18    electric  power  or  energy  requirements,  and  (ii) use the
19    electric utility for any portion of  its  remaining  electric
20    power  and  energy requirements,  to place the portion of the
21    customer's electric power or energy requirement that is to be
22    served by the electric utility on a tariff containing charges
23    that are set to recover the lowest reasonably available  cost
24    to  the  electric  utility  of  acquiring  electric power and
25    energy  on  the  wholesale  electric  market  to  serve  such
26    remaining portion of the customer's electric power and energy
27    requirement, reasonable compensation for  arranging  for  and
28    providing  such  electric  power  or energy, and the electric
29    utility's other costs of providing service to such  remaining
30    electric power and energy requirement.
31    (Source: P.A. 90-561, eff. 12-16-97.)

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