TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 452 STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION
SECTION 452.20 DEFINITIONS


 

Section 452.20  Definitions

 

            "Act" means the Public Utilities Act [220 ILCS 5].

 

            "Administrative support" means employees and other persons, equipment and systems used to provide administrative support to both the transmission and distribution system and the generation function of the electric utility. Administrative support includes administrative services (including travel administration, security, printing, graphics, custodial services, secretarial support, mail services, and records management), financial management services (including accounting, treasury, internal audit, tax, and financial reporting and planning), data processing, shareholder services, human resources, employee benefits, regulatory affairs, legal services, lobbying, strategic planning and similar administrative support items.

 

            "Affiliated interest" has the same meaning as in Section 7-101(2) of the Act [220 ILCS 5/7-101(2)].

 

            "Alternative Retail Electric Supplier" or "ARES" has the same meaning as in Section 16-102 of the Act [220 ILCS 5/16-102]. ARES may be singular or plural.

 

            "Ancillary services" means those services specified as ancillary services in each electric utility's delivery services tariff as approved by the Illinois Commerce Commission (Commission).

 

            "Company leadership" means officers, directors, and managers with senior level oversight or governance responsibility (i.e., executive functions) for both the  T&D function and the generation function of the electric utility.

 

            "Delivery services" has the same meaning as in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Delivery services employee" means any transmission and distribution function  employee or other person who operates, directs, organizes or plans the provision of delivery services, administers the delivery services tariff, processes or executes delivery services transactions, or performs system design or configuration, system operations or business planning for the provision of delivery services.

 

            "Electric utility" has the same meaning as in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Generation function" means all divisions, departments, sections, parts, units and facilities (other than transmission and distribution facilities) used by the electric utility to provide generation services. The generation function includes both the mandatory generation function and the merchant generation function.

 

            "Generation services" or "generating services" means the production, purchase, or marketing for retail sale; or the retail sale, of electric power or energy. Generation services include mandatory generation service and merchant generation service.

 

            "Generation function employee" means any electric utility employee or other person performing work for the generation function.

 

            "Mandatory generation function" means all divisions, departments, sections, parts, units and facilities of the electric utility's generation function engaged in the marketing and retail sale of mandatory generation services.

 

            "Mandatory generation function employee" means any electric utility employee or other person performing work for the mandatory generation function.

 

            "Mandatory generation services" means any services that an electric utility must offer pursuant to Section 16-103(a) and (c), Section 16-107 and Section 16-110 of the Act [220 ILCS 5/16-103(a) and (c), 16-107 and 16-110] and shall not be construed to include any services provided pursuant to tariffs or contracts authorized by Section 9-102.1 of the Act [220 ILCS 5/9-102.1] or services provided pursuant to contracts filed with, and approved by, the Commission under Section 9-201 of the Act [220 ILCS 5/9-201].

 

            "Merchant generation function" means all divisions, departments, sections, parts, units and facilities of the electric utility's generation function engaged in the marketing and retail sale of merchant generation services.

 

            "Merchant generation function employee" means any electric utility employee or other person performing work for the merchant generation function.

 

            "Merchant generation services" means any generation service offered by an electric utility at retail to its customers that is not a mandatory generation service. Merchant generation services include, but is not limited to:

 

            generation services provided pursuant to Sections 9-102.1, 16-106, and 16-116 of the Act [220 ILCS 5/9-102.1, 16-106, and 16-116]; and

 

            any contracts filed with and approved by the Commission pursuant to Section 9-201 of the Act [220 ILCS 5/9-201].

 

            "Non-affiliated ARES" means an ARES that is not an affiliated interest of the electric utility.

 

            "Power purchase option" means the power purchase options set out in Section 16-110 of the Act [220 ILCS 5/16-110] for delivery services customers.

 

            "Principal service area" means the geographic area in which, or customers for which, an electric utility directly uses its transmission or distribution facilities to accomplish the delivery of retail power or energy. An electric utility shall be deemed to have its principal service area in Illinois if either a majority (i.e., more than 50.0%) of the geographic area in which, or a majority of the customers for which, it directly uses its transmission or distribution facilities to accomplish the delivery of retail power or energy is located in Illinois. Notwithstanding any other portion of this definition, this Part shall also apply to any successor of any electric utility subject to the requirements of Section 16-119A of the Act as of December 16, 1997 and to any electric utility that subsequently provides transmission and distribution directly to the geographic area or the retail customers of any electric utility subject to Section 16-119A of the Act as of December 16, 1997.

 

            "Transmission and distribution function" or "T&D function" means all divisions, departments, sections, parts, units, and personnel of the electric utility responsible for transmission and distribution facilities or delivery services. This function includes, without limitation, the provision to any entity of services that are necessary for the transmission and distribution system to function in order to effect the delivery or sale of power and/or energy to retail consumers.

 

            "Transmission and distribution function employee" means any electric utility employee or other person performing work for the transmission and distribution function.