Section 1200.210  Fees Assessed to Participating Utilities

a)         The Agency shall assess fees to each affected utility to recover the costs incurred in preparation of procurement plans for the utility, for program administration, and for other initiatives conducted by the Agency as required or authorized by the Illinois Power Agency Act or the Public Utilities Act. (See 20 ILCS 3855/1-20(b)24); 20 ILCS 3855/1-75(g); 20 ILCS 3855/1-75(g); 20 ILCS 3855/1-77(d)) These fees shall cover costs for the Agency and its agents, representatives and consultants.

b)         The costs incurred by the Agency and its agents, representatives and consultants shall consist of the following:

1)         Actual contract costs invoiced by the procurement planning consultant in furtherance of work required under or related to requirements of Section 1-75 of the Act (See 20 ILCS 3855/1-75(g)).

2)         Actual program administration costs invoiced by one or more consultants in furtherance of work required under or related to requirements of Section 1-56 or 1-75 of the Act (See 20 ILCS 3855/1-55; 20 ILCS 3855/1-77(d)).

3)         Actual costs invoiced by one or more consultants in furtherance of work mandated by the General Assembly to be conducted by the Agency. (See 20 ILCS 3855/1-20(b)(24)).

4)         The overhead budgeted by the Agency for the fiscal year, reduced by 90% of the investment income generated by the Agency's Trust Fund in the prior fiscal year to fund the Agency's Operating Fund.

c)         Allocation

1)         The Agency shall assign and allocate its costs incurred pursuant to subsections (b)(1) and (b)(2) to reflect costs incurred in support of each of the participating utilities.  To the extent that the procurement planning consultant incurs costs in support of more than one participating utility, for the development of procurement plans that only procure resources for potentially eligible load (see 20 ILCS 3855/1-75(a)), the Agency shall allocate costs based on the total amount of energy associated with each participating utility's total potentially eligible load in the first delivery year of the procurement as forecast in the participating utility's load forecast submitted in accordance with Section 16-111.5(d) of the Public Utilities Act (see 220 ILCS 5/16-111.5(d)(1)).  For the development procurement plans for all retail load (see 220 ILCS 5/16-102), the Agency shall allocate costs based on each participating utility's retail load in the first delivery year of the procurement as forecast in any applicable load forecast provided by the utilities. In the case where no load forecast is available, the Agency shall use the allocation used for the most recent electricity procurement plan.

2)         The Agency shall allocate costs recoverable under subsections (b)(3) and (b)(4) between the participating utilities in the same manner as the costs allocated pursuant to subsection (c)(1).

d)         Notwithstanding any other subsection of this Section, in a year in which the Agency's appropriation and transfer of funds from the Illinois Power Agency Trust Fund pursuant to Section 6z-75 of the State Finance Act (see 30 ILCS 105/6z-75) does not cover the Agency's overhead, then the Agency may recover its overhead pursuant to subsection (b)(2) of this Section (see 20 ILCS 3855/1-20(b)(24)).

(Source:  Amended at 50 Ill. Reg. 2515, effective February 4, 2026)