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92nd General Assembly

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Public Act 92-0585

SB1569 Enrolled                                LRB9212289JSmb

    AN ACT concerning public utilities.

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

    Section   5.  The  Public  Utilities  Act  is  amended by
changing Sections 16-120 and 16-122 as follows:

    (220 ILCS 5/16-120)
    Sec.   16-120.   Development   of   competitive   market;
Commission study and reports; investigation.
    (a)  On or before December 31,  1999  and  once  every  3
years  thereafter,  the  Commission shall monitor and analyze
patterns of entry and exit, applications for entry and  exit,
and  any  barriers  to entry or participation that may exist,
for services provided under this Article; shall  analyze  any
impediments  to  the  establishment  of  a  fully competitive
energy and power market in Illinois; and  shall  include  its
findings   together   with  appropriate  recommendations  for
legislative action in a report to the General Assembly.
    (b)  Beginning  in  2001,  and  ending   in   2006,   the
Commission  shall  prepare  an  annual  report  regarding the
development of electricity markets in Illinois which shall be
filed by April 1 of each year with  the  Joint  Committee  on
Legislative  Support Services of the General Assembly and the
Governor and which shall be publicly available.  Such  report
shall include, at a minimum, the following information:
         (1)  the  aggregate  annual  peak  demand  of retail
    customers in the  State  of  Illinois  in  the  preceding
    calendar year;
         (2)  the  total  annual kilowatt-hours delivered and
    sold to retail customers in the State of Illinois by each
    electric utility within its own service  territory,  each
    electric  utility  outside  its  service  territory,  and
    alternative  retail  electric  suppliers in the preceding
    calendar year;
         (3)  the  percentage  of  the  total  kilowatt-hours
    delivered and sold to retail customers in  the  State  of
    Illinois  in the preceding calendar year by each electric
    utility  within  its  service  territory,  each  electric
    utility  outside  its   service   territory,   and   each
    alternative retail electric supplier; and
         (4)  any  other information the Commission considers
    significant in  assessing  the  development  of  Illinois
    electricity  markets,  which  may  include, to the extent
    available, information similar to that described in items
    1, 2 and 3 with respect to cogeneration,  self-generation
    and  other  sources of electric power and energy provided
    to customers  that  do  not  take  delivery  services  or
    bundled electric utility services.
    The Commission may also include such other information as
it  deems  to  be  necessary  or  beneficial in describing or
explaining the results of its Report.  The Report required by
this  Section  shall  be  adopted  by  a  vote  of  the  full
Commission prior  to  filing.   Proprietary  or  confidential
information   shall   not  be  disclosed  publicly.   Nothing
contained in this Section shall prohibit the Commission  from
taking  actions  that  would  otherwise be allowed under this
Act.
    (c)  The Commission shall prepare a report on  the  value
of  municipal  aggregation  of  electricity  customers.   The
report  shall  be  filed  with  the  General Assembly and the
Governor no later than January 15, 2003 and shall be publicly
available.  The report shall, at a minimum, include:
         (1)  a  description  and  analysis  of  actual   and
    potential  forms  of aggregation of electricity customers
    in  Illinois  and  in   the   other   states,   including
    aggregation   through   municipal,  affinity,  and  other
    organizations  and  through   aggregation   of   consumer
    purchases of electricity from renewable energy sources;
         (2)  estimates   of   the   potential   benefits  of
    municipal aggregation to Illinois  electricity  customers
    in at least 5 specific municipal examples comparing their
    costs  under bundled rates and unbundled rates, including
    real-time prices;
         (3)  a description of the barriers to municipal  and
    other  forms of aggregation in Illinois, including legal,
    economic, informational, and other barriers; and
         (4)  options  for  legislative  action   to   foster
    municipal  and  other forms of aggregation of electricity
    customers.
    In preparing the report,  the  Commission  shall  consult
with   persons  involved  in  aggregation  or  the  study  of
aggregation of electricity customers in  Illinois,  including
municipalities,   utilities,   aggregators,   and  non-profit
organizations.    The   provisions    of    Section    16-122
notwithstanding,  the  Commission  may  request and utilities
shall provide such aggregated load data as may  be  necessary
to   perform   the  analyses  required  by  this  subsection;
provided, however, proprietary  or  confidential  information
shall not be disclosed publicly.
(Source: P.A. 90-561, eff. 12-16-97.)

    (220 ILCS 5/16-122)
    Sec. 16-122. Customer information.
    (a)  Upon  the  request of a retail customer, or a person
who presents verifiable authorization and is  acting  as  the
customer's  agent,  and payment of a reasonable fee, electric
utilities shall provide to the  customer  or  its  authorized
agent the customer's billing and usage data.
    (b)  Upon  request  from  any alternative retail electric
supplier and payment of a reasonable fee, an electric utility
serving retail customers  in  its  service  area  shall  make
available  generic  information  concerning  the  usage, load
shape curve or other general characteristics of customers  by
rate  classification.  Provided however, no customer specific
billing, usage or load shape data  shall  be  provided  under
this   subsection   unless   authorization  to  provide  such
information  is  provided  by  the   customer   pursuant   to
subsection (a) of this Section.
    (c)  Upon  request  from  a  unit of local government and
payment of a reasonable fee, an electric utility  shall  make
available   information  concerning  the  usage,  load  shape
curves, and other characteristics of  customers  by  customer
classification and location within the boundaries of the unit
of  local  government, however, no customer specific billing,
usage, or load  shape  data  shall  be  provided  under  this
subsection  unless  authorization to provide that information
is provided by the customer.
    (d) (c)  All such  customer  information  shall  be  made
available  in  a  timely  fashion in an electronic format, if
available.
(Source: P.A. 90-561, eff. 12-16-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 30, 2002.
    Approved June 26, 2002.
    Effective June 26, 2002.

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