TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 455 RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS
SECTION 455.10 DEFINITIONS AND INCORPORATIONS


 

Section 455.10  Definitions and Incorporations

 

The following terms as used in this Part shall have the following meanings:

 

"ACP" means alternative compliance payments.

 

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

 

"Agency" means the Illinois Power Agency created by 20 ILCS 3855.

 

"Alternative retail electric supplier" or "ARES" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers electric power or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail customers, notwithstanding the exceptions listed in Section 16-102 of the Act. [220 ILCS 5/16-102]

 

"Clean coal facility" or "CCF" means an electric generating facility that uses primarily coal as a feedstock and that captures and sequesters carbon dioxide emissions and meets the requirements of Section 1-10 of the IPA Act.[20 ILCS 3855/1-10]

 

"Clean coal standard" means the various requirements imposed by Sections 16-115(d)(5) and 16-116(c) of the Act on ARES and electric utilities serving retail customers outside their service areas to source electricity from clean coal facilities.

 

"Commission" means the Illinois Commerce Commission.

 

"Compliance period" or "compliance year" means each 12-month period beginning June 1 and ending May 31, commencing June 1, 2009, and the comparable 12-month period in each succeeding year.

 

"Covered amount of energy supplied" or "covered amount" or "CAES" refers to the amount of energy supplied (megawatt-hours) by an RES that is covered by the electric utility's renewable energy resources procurement obligations pursuant to Section 1-75(c)(1)(B) of the IPA Act. For the compliance year ending May 31, 2018, the CAES equals 50% of the energy supplied by the RES to Illinois retail customers during the compliance year. For the compliance year ending May 31, 2019, the CAES equals 75% of the energy supplied by the RES to Illinois retail customers during the compliance year (see Section 16-115D(a)(3.5) of the Act). For the compliance year ending May 31, 2020 and thereafter, the CAES equals 100% of the energy supplied by the RES to Illinois retail customers during the compliance year.

 

"Delivery services" means those services provided by the electric utility that are necessary in order for the transmission and distribution systems to function so that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility, and shall include, without limitation, standard metering and billing services. [220 ILCS 5/16-102]

 

"Electric Cooperative" means:

 

any not-for-profit corporation or other person that owns, controls, operates or manages, directly or indirectly, within this State, any plant, equipment or property for the production, transmission, sale, delivery or furnishing of electricity; and

 

that has been financed in whole or in part under the federal Rural Electrification Act of 1936 (7 USC 909 et seq.) and its successors or created directly or indirectly by an entity that was financed under that Act. [220 ILCS 30/3.4]

 

"Electric utility" means a public utility, as defined in Section 3-105 of the Act, that has a franchise, license, permit or right to furnish or sell electricity to retail customers within a service area. [220 ILCS 5/16-102]

 

"IPA Act" means the Illinois Power Agency Act [20 ILCS 3855].

 

"M-RETS" means the Midwest Renewable Energy Tracking System or its successor.

 

"Municipal system" means any public utility owned and operated by any political subdivision or municipal corporation of the State of Illinois, or owned by such an entity and operated by its lessee or agent.

 

"PJM-GATS" means the PJM Environmental Information System Generation Attribute Tracking System or its successor.

 

"Renewable energy credit" or "REC" means a tradable credit that represents the environmental attributes of a certain amount of energy produced from a renewable energy resource. [20 ILCS 3855/1-10]

 

"Renewable energy resources" includes energy and its associated renewable energy credit or renewable energy credits from wind, solar thermal energy, photovoltaic cells and panels, biodiesel, anaerobic digestion, crops and untreated and unadulterated organic waste biomass, tree waste, hydropower that does not involve new construction or significant expansion of hydropower dams, and other alternative sources of environmentally preferable energy. For purposes of the Act, landfill gas produced in the State is considered a renewable energy resource. "Renewable energy resources" does not include the incineration or burning of tires, garbage, general household, institutional, and commercial waste, industrial lunchroom or office waste, landscape waste other than tree waste, railroad crossties, utility poles, or construction or demolition debris, other than untreated and unadulterated waste wood. [20 ILCS 3855/1-10] For compliance years that ended on or before May 31, 2017, renewable energy resources also include energy and its associated renewable energy credit or renewable energy credits from other alternative sources of environmentally preferable energy.

 

"Renewable portfolio standard" or "RPS" means the various requirements imposed by Section 16-115D of the Act on ARES and electric utilities serving retail customers outside their service area.

 

"Retail customer" has the same meaning as in Section 16-102 of the Act.

 

"Retail electric supplier" or "RES" includes both ARES and electric utilities serving or seeking to serve retail customers outside their service area.

 

"Self-Generation Certification" means the Renewable Energy Facility Self-Generation Certification required by Section 455.160.

 

"Service area" means the geographic area within which an electric utility was lawfully entitled to provide electric power and energy to retail customers on or before December 16, 1997 and includes the location of any retail customer to which the electric utility was lawfully providing electric utility services on that date. [220 ILCS 5/16-102]

 

"Supplied", in relation to a quantity of energy, means energy obtained by an RES and delivered to a retail customer by an electric utility providing delivery services to the retail customer, with the quantity of energy measured at the customer meter; provided, however, that only with respect to determining whether a combined heat and power system in Illinois supplies electricity primarily to or for the benefit of facilities identified in Section 16-115 D(h)  of the Act.  "Supplied" also includes energy generated by a combined heat power system used at those facilities, regardless of whether it passes through the customer meter, provided that only with respect to determining the requirements of Section 16-115D of the Act for electric utilities serving retail customers outside their service area, "supplied" includes energy obtained by the utility and delivered to retail customers outside of the utility's service area.

 

"Uncovered amount of energy supplied" or "uncovered amount" or "UAES" refers to the amount of energy supplied (in megawatt-hours (MWh)) by an RES that is not covered by the electric utility's renewable energy resources procurement obligations pursuant to Section 1-75(c)(1)(B) of the IPA Act. For the compliance year ending May 31, 2018, the UAES equals 50% of the energy supplied by the RES to Illinois retail customers during the compliance year. For the compliance year ending May 31, 2019, the UAES equals 25% of the energy supplied by the RES to Illinois retail customers during the compliance year. For compliance years ending May 31, 2020 and after, the UAES equals 0% of the energy supplied by the RES to Illinois retail customers during the compliance year.

 

(Source:  Amended at 41 Ill. Reg. 13580, effective October 26, 2017)