101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2084

 

Introduced 2/15/2019, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Public Utilities Act. Authorizes the Illinois Commerce Commission to extend the time for considering a certificate of service authority request by an alternative retail electric supplier under specified circumstances. Adds to the findings the Commission must make when granting a certificate of service authority for an alternative retail electric supplier. Requires an alternative retail electric supplier and an alternative gas supplier to provide the Commission and Attorney General the rates it charged to residential customers in the prior quarter. Requires an alternative retail electric supplier's marketing materials that include a price per kilowatt-hour for competitive electricity service include a specific statement that the alternative retail electric supplier is not the same entity as the customer's electric utility delivery company and directing the customer to the Commission's website. Requires an alternative retail electric supplier to provide notices to residential customers concerning certain rate changes. Provides that complaints against an alternative retail electric supplier may be filed with the Commission. Provides that the Commission shall ensure alternative retail electric suppliers and alternative gas suppliers have proper training in place to prohibit impersonation of a utility, investigate complaints, and impose fines for each incident. Provides that the Commission may establish a program for promising expanded use of energy savings programs for residential and small commercial customers. Amends the Consumer Fraud and Deceptive Business Practices Act. In provisions concerning electric service provider selection, provides that suppliers shall maintain and preserve an electronic version of third-party verifications if automated. Makes other changes. Effective immediately.


LRB101 07402 JRG 52442 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2084LRB101 07402 JRG 52442 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 19-115,
619-135, and 20-110 and by adding Section 20-140 as follows:
 
7    (220 ILCS 5/16-115)
8    Sec. 16-115. Certification of alternative retail electric
9suppliers.
10    (a) Any alternative retail electric supplier must obtain a
11certificate of service authority from the Commission in
12accordance with this Section before serving any retail customer
13or other user located in this State. An alternative retail
14electric supplier may request, and the Commission may grant, a
15certificate of service authority for the entire State or for a
16specified geographic area of the State.
17    (b) An alternative retail electric supplier seeking a
18certificate of service authority shall file with the Commission
19a verified application containing information showing that the
20applicant meets the requirements of this Section. The
21alternative retail electric supplier shall publish notice of
22its application in the official State newspaper within 10 days
23following the date of its filing. No later than 45 days after

 

 

SB2084- 2 -LRB101 07402 JRG 52442 b

1the application is properly filed with the Commission, and such
2notice is published, the Commission shall issue its order
3granting or denying the application. The Commission may extend
4the time for considering a certificate of service authority
5request by up to 90 days and may schedule hearings on the
6request if:
7         (1) a party to the application proceeding has formally
8    requested that the Commission hold hearings in a pleading
9    that alleges that one or more of the allegations or
10    certifications in the application is false or misleading;
11    or
12        (2) any other facts or circumstances exist that will
13    necessitate additional time or evidence in order to
14    determine whether a certificate of service authority
15    should be issued.
16    (c) An application for a certificate of service authority
17shall identify the area or areas in which the applicant intends
18to offer service and the types of services it intends to offer.
19Applicants that seek to serve residential or small commercial
20retail customers within a geographic area that is smaller than
21an electric utility's service area shall submit evidence
22demonstrating that the designation of this smaller area does
23not violate Section 16-115A. An applicant that seeks to serve
24residential or small commercial retail customers may state in
25its application for certification any limitations that will be
26imposed on the number of customers or maximum load to be

 

 

SB2084- 3 -LRB101 07402 JRG 52442 b

1served.
2    (d) The Commission shall grant the application for a
3certificate of service authority if it makes the findings set
4forth in this subsection based on the verified application and
5such other information as the applicant may submit:
6        (1) That the applicant possesses sufficient technical,
7    financial and managerial resources and abilities to
8    provide the service for which it seeks a certificate of
9    service authority. In determining the level of technical,
10    financial and managerial resources and abilities which the
11    applicant must demonstrate, the Commission shall consider
12    (i) the characteristics, including the size and financial
13    sophistication, of the customers that the applicant seeks
14    to serve, and (ii) whether the applicant seeks to provide
15    electric power and energy using property, plant and
16    equipment which it owns, controls or operates, and (iii)
17    the applicant's commitment of resources to the management
18    of sales and marketing staff, through affirmative
19    managerial policies, independent audits, technology,
20    hands-on field monitoring and training, and, in the case of
21    applicants who will have sales personnel or sales agents
22    within the State of Illinois, the applicant's managerial
23    presence within the State;
24        (2) That the applicant will comply with all applicable
25    federal, State, regional and industry rules, policies,
26    practices and procedures for the use, operation, and

 

 

SB2084- 4 -LRB101 07402 JRG 52442 b

1    maintenance of the safety, integrity and reliability, of
2    the interconnected electric transmission system;
3        (3) That the applicant will only provide service to
4    retail customers in an electric utility's service area that
5    are eligible to take delivery services under this Act;
6        (4) That the applicant will comply with such
7    informational or reporting requirements as the Commission
8    may by rule establish and provide the information required
9    by Section 16-112. Any data related to contracts for the
10    purchase and sale of electric power and energy shall be
11    made available for review by the Staff of the Commission on
12    a confidential and proprietary basis and only to the extent
13    and for the purposes which the Commission determines are
14    reasonably necessary in order to carry out the purposes of
15    this Act;
16        (5) That the applicant will procure renewable energy
17    resources in accordance with Section 16-115D of this Act,
18    and will source electricity from clean coal facilities, as
19    defined in Section 1-10 of the Illinois Power Agency Act,
20    in amounts at least equal to the percentages set forth in
21    subsections (c) and (d) of Section 1-75 of the Illinois
22    Power Agency Act. For purposes of this Section:
23            (i) (Blank);
24            (ii) (Blank);
25            (iii) the required sourcing of electricity
26        generated by clean coal facilities, other than the

 

 

SB2084- 5 -LRB101 07402 JRG 52442 b

1        initial clean coal facility, shall be limited to the
2        amount of electricity that can be procured or sourced
3        at a price at or below the benchmarks approved by the
4        Commission each year in accordance with item (1) of
5        subsection (c) and items (1) and (5) of subsection (d)
6        of Section 1-75 of the Illinois Power Agency Act;
7            (iv) all alternative retail electric suppliers
8        shall execute a sourcing agreement to source
9        electricity from the initial clean coal facility, on
10        the terms set forth in paragraphs (3) and (4) of
11        subsection (d) of Section 1-75 of the Illinois Power
12        Agency Act, except that in lieu of the requirements in
13        subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of
14        paragraph (3) of that subsection (d), the applicant
15        shall execute one or more of the following:
16                (1) if the sourcing agreement is a power
17            purchase agreement, a contract with the initial
18            clean coal facility to purchase in each hour an
19            amount of electricity equal to all clean coal
20            energy made available from the initial clean coal
21            facility during such hour, which the utilities are
22            not required to procure under the terms of
23            subsection (d) of Section 1-75 of the Illinois
24            Power Agency Act, multiplied by a fraction, the
25            numerator of which is the alternative retail
26            electric supplier's retail market sales of

 

 

SB2084- 6 -LRB101 07402 JRG 52442 b

1            electricity (expressed in kilowatthours sold) in
2            the State during the prior calendar month and the
3            denominator of which is the total sales of
4            electricity (expressed in kilowatthours sold) in
5            the State by alternative retail electric suppliers
6            during such prior month that are subject to the
7            requirements of this paragraph (5) of subsection
8            (d) of this Section and subsection (d) of Section
9            1-75 of the Illinois Power Agency Act plus the
10            total sales of electricity (expressed in
11            kilowatthours sold) by utilities outside of their
12            service areas during such prior month, pursuant to
13            subsection (c) of Section 16-116 of this Act; or
14                (2) if the sourcing agreement is a contract for
15            differences, a contract with the initial clean
16            coal facility in each hour with respect to an
17            amount of electricity equal to all clean coal
18            energy made available from the initial clean coal
19            facility during such hour, which the utilities are
20            not required to procure under the terms of
21            subsection (d) of Section 1-75 of the Illinois
22            Power Agency Act, multiplied by a fraction, the
23            numerator of which is the alternative retail
24            electric supplier's retail market sales of
25            electricity (expressed in kilowatthours sold) in
26            the State during the prior calendar month and the

 

 

SB2084- 7 -LRB101 07402 JRG 52442 b

1            denominator of which is the total sales of
2            electricity (expressed in kilowatthours sold) in
3            the State by alternative retail electric suppliers
4            during such prior month that are subject to the
5            requirements of this paragraph (5) of subsection
6            (d) of this Section and subsection (d) of Section
7            1-75 of the Illinois Power Agency Act plus the
8            total sales of electricity (expressed in
9            kilowatthours sold) by utilities outside of their
10            service areas during such prior month, pursuant to
11            subsection (c) of Section 16-116 of this Act;
12            (v) if, in any year after the first year of
13        commercial operation, the owner of the clean coal
14        facility fails to demonstrate to the Commission that
15        the initial clean coal facility captured and
16        sequestered at least 50% of the total carbon emissions
17        that the facility would otherwise emit or that
18        sequestration of emissions from prior years has
19        failed, resulting in the release of carbon into the
20        atmosphere, the owner of the facility must offset
21        excess emissions. Any such carbon offsets must be
22        permanent, additional, verifiable, real, located
23        within the State of Illinois, and legally and
24        practicably enforceable. The costs of any such offsets
25        that are not recoverable shall not exceed $15 million
26        in any given year. No costs of any such purchases of

 

 

SB2084- 8 -LRB101 07402 JRG 52442 b

1        carbon offsets may be recovered from an alternative
2        retail electric supplier or its customers. All carbon
3        offsets purchased for this purpose and any carbon
4        emission credits associated with sequestration of
5        carbon from the facility must be permanently retired.
6        The initial clean coal facility shall not forfeit its
7        designation as a clean coal facility if the facility
8        fails to fully comply with the applicable carbon
9        sequestration requirements in any given year, provided
10        the requisite offsets are purchased. However, the
11        Attorney General, on behalf of the People of the State
12        of Illinois, may specifically enforce the facility's
13        sequestration requirement and the other terms of this
14        contract provision. Compliance with the sequestration
15        requirements and offset purchase requirements that
16        apply to the initial clean coal facility shall be
17        reviewed annually by an independent expert retained by
18        the owner of the initial clean coal facility, with the
19        advance written approval of the Attorney General;
20            (vi) The Commission shall, after notice and
21        hearing, revoke the certification of any alternative
22        retail electric supplier that fails to execute a
23        sourcing agreement with the initial clean coal
24        facility as required by item (5) of subsection (d) of
25        this Section. The sourcing agreements with this
26        initial clean coal facility shall be subject to both

 

 

SB2084- 9 -LRB101 07402 JRG 52442 b

1        approval of the initial clean coal facility by the
2        General Assembly and satisfaction of the requirements
3        of item (4) of subsection (d) of Section 1-75 of the
4        Illinois Power Agency Act, and shall be executed within
5        90 days after any such approval by the General
6        Assembly. The Commission shall not accept an
7        application for certification from an alternative
8        retail electric supplier that has lost certification
9        under this subsection (d), or any corporate affiliate
10        thereof, for at least one year from the date of
11        revocation;
12        (6) With respect to an applicant that seeks to serve
13    residential or small commercial retail customers, that the
14    area to be served by the applicant and any limitations it
15    proposes on the number of customers or maximum amount of
16    load to be served meet the provisions of Section 16-115A,
17    provided, that the Commission can extend the time for
18    considering such a certificate request by up to 90 days,
19    and can schedule hearings on such a request;
20        (7) That the applicant meets the requirements of
21    subsection (a) of Section 16-128; and
22        (8) That the applicant is not the subject of any
23    lawsuit filed in a court of law or formal complaints filed
24    with a regulatory agency alleging fraud, deception, or
25    unfair marketing practices or other similar allegations
26    identifying the name, case number, and jurisdiction of each

 

 

SB2084- 10 -LRB101 07402 JRG 52442 b

1    such lawsuit or complaint. For the purposes of this item
2    (8), "formal complaints" include only those complaints
3    that seek a binding determination from a state or federal
4    regulatory body;
5        (9) That the applicant shall continue to comply with
6    requirements for certification stated in Section 16-115;
7        (10) That the applicant seeking to service all eligible
8    retail customers shall execute and maintain a license or
9    permit bond issued by a qualifying surety or insurance
10    company authorized to transact business in the State of
11    Illinois in favor of the People of the State of Illinois.
12    The amount of the bond is $600,000, and the bond is
13    conditioned upon the full and faithful performance of all
14    duties and obligations of the applicant as an alternative
15    retail electric supplier and is valid for a period of not
16    less than one year. The cost of the bond shall be paid by
17    the applicant. The applicant shall file a copy of this
18    bond, with a notarized verification page from the issuer,
19    as part of its application for certification under 83 Ill.
20    Adm. Code 451.50 and as a condition for continuing
21    compliance with certification requirements for alternative
22    retail electric suppliers under 83 Ill. Adm. Code
23    451.Subpart H; and
24        (11) (8) That the applicant will comply with all other
25    applicable laws and regulations.
26    The Commission may deny with prejudice an application in

 

 

SB2084- 11 -LRB101 07402 JRG 52442 b

1which the applicant repeatedly fails to provide the Commission
2with information sufficient for the Commission to grant the
3application.
4    (d-5) (Blank).
5    (e) A retail customer that owns a cogeneration or
6self-generation facility and that seeks certification only to
7provide electric power and energy from such facility to retail
8customers at separate locations which customers are both (i)
9owned by, or a subsidiary or other corporate affiliate of, such
10applicant and (ii) eligible for delivery services, shall be
11granted a certificate of service authority upon filing an
12application and notifying the Commission that it has entered
13into an agreement with the relevant electric utilities pursuant
14to Section 16-118. Provided, however, that if the retail
15customer owning such cogeneration or self-generation facility
16would not be charged a transition charge due to the exemption
17provided under subsection (f) of Section 16-108 prior to the
18certification, and the retail customers at separate locations
19are taking delivery services in conjunction with purchasing
20power and energy from the facility, the retail customer on
21whose premises the facility is located shall not thereafter be
22required to pay transition charges on the power and energy that
23such retail customer takes from the facility.
24    (f) The Commission shall have the authority to promulgate
25rules and regulations to carry out the provisions of this
26Section. On or before May 1, 1999, the Commission shall adopt a

 

 

SB2084- 12 -LRB101 07402 JRG 52442 b

1rule or rules applicable to the certification of those
2alternative retail electric suppliers that seek to serve only
3nonresidential retail customers with maximum electrical
4demands of one megawatt or more which shall provide for (i)
5expedited and streamlined procedures for certification of such
6alternative retail electric suppliers and (ii) specific
7criteria which, if met by any such alternative retail electric
8supplier, shall constitute the demonstration of technical,
9financial and managerial resources and abilities to provide
10service required by subsection (d) (1) of this Section, such as
11a requirement to post a bond or letter of credit, from a
12responsible surety or financial institution, of sufficient
13size for the nature and scope of the services to be provided;
14demonstration of adequate insurance for the scope and nature of
15the services to be provided; and experience in providing
16similar services in other jurisdictions.
17    (g) An alternative retail electric supplier may seek
18confidential treatment for the following information by filing
19an affidavit with the Commission so long as the affidavit meets
20the requirements in this subsection (g):
21        (1) the total annual kilowatt-hours delivered and sold
22    by an alternative retail electric supplier to retail
23    customers within each utility service territory and the
24    total annual kilowatt-hours delivered and sold by an
25    alternative retail electric supplier to retail customers
26    in all utility service territories in the preceding

 

 

SB2084- 13 -LRB101 07402 JRG 52442 b

1    calendar year as required by 83 Ill. Adm. Code 451.770;
2        (2) the total peak demand supplied by an alternative
3    retail electric supplier during the previous year in each
4    utility service territory as required by 83 Ill. Adm. Code
5    465.40;
6        (3) a good faith estimate of the amount an alternative
7    retail electric supplier expects to be obliged to pay the
8    utility under single billing tariffs during the next 12
9    months and the amount of any bond or letter of credit used
10    to demonstrate an alternative retail electric supplier's
11    credit worthiness to provide single billing services
12    pursuant to 83 Ill. Adm. Code 451.510(a) and (b).
13    The affidavit must be filed contemporaneously with the
14information for which confidential treatment is sought and must
15clearly state that the affiant seeks confidential treatment
16pursuant to this subsection (g) and the information for which
17confidential treatment is sought must be clearly identified on
18the confidential version of the document filed with the
19Commission. The affidavit must be accompanied by a
20"confidential" and a "public" version of the document or
21documents containing the information for which confidential
22treatment is sought.
23    If the alternative retail electric supplier has met the
24affidavit requirements of this subsection (g), then the
25Commission shall afford confidential treatment to the
26information identified in the affidavit for a period of 2 years

 

 

SB2084- 14 -LRB101 07402 JRG 52442 b

1after the date the affidavit is received by the Commission.
2    Nothing in this subsection (g) prevents an alternative
3retail electric supplier from filing a petition with the
4Commission seeking confidential treatment for information
5beyond that identified in this subsection (g) or for
6information contained in other reports or documents filed with
7the Commission.
8    Nothing in this subsection (g) prevents the Commission, on
9its own motion, or any party from filing a formal petition with
10the Commission seeking to reconsider the conferring of
11confidential status on an item of information afforded
12confidential treatment pursuant to this subsection (g).
13    The Commission, on its own motion, may at any time initiate
14a docketed proceeding to investigate the continued
15applicability of this subsection (g) to the information
16contained in items (i), (ii), and (iii) of this subsection (g).
17If, at the end of such investigation, the Commission determines
18that a particular item of information should no longer be
19eligible for the affidavit-based process outlined in this
20subsection (g), the Commission may enter an order to remove
21that item from the list of items eligible for the process set
22forth in this subsection (g). Notwithstanding any such order,
23in the event the Commission makes such a determination, nothing
24in this subsection (g) prevents an alternative retail electric
25supplier desiring confidential treatment for such information
26from filing a formal petition with the Commission seeking

 

 

SB2084- 15 -LRB101 07402 JRG 52442 b

1confidential treatment for such information.
2(Source: P.A. 99-332, eff. 8-10-15.)
 
3    (220 ILCS 5/16-115A)
4    Sec. 16-115A. Obligations of alternative retail electric
5suppliers.
6    (a) An alternative retail electric supplier shall:
7        (i) comply with the requirements imposed on public
8    utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
9    8-507 of this Act, to the extent that these Sections have
10    application to the services being offered by the
11    alternative retail electric supplier; and
12        (ii) continue to comply with the requirements for
13    certification stated in subsection (d) of Section 16-115;
14    and .
15        (iii) submit to the Commission and the Office of the
16    Attorney General, on January 1, 2020 and the first day of
17    each quarter thereafter, the rates the alternative retail
18    electric supplier charged to residential customers in the
19    prior quarter, including each distinct rate charged and
20    whether the rate was a fixed or variable rate, the basis
21    for the variable rate, and any fees charged in addition to
22    the supply rate, including monthly fees, flat fees, or
23    other service charges.
24    The Commission is authorized to adopt rules to implement
25this subsection.

 

 

SB2084- 16 -LRB101 07402 JRG 52442 b

1    (b) An alternative retail electric supplier shall obtain
2verifiable authorization from a customer, in a form or manner
3approved by the Commission consistent with Section 2EE of the
4Consumer Fraud and Deceptive Business Practices Act, before the
5customer is switched from another supplier.
6    (c) No alternative retail electric supplier, or electric
7utility other than the electric utility in whose service area a
8customer is located, shall (i) enter into or employ any
9arrangements which have the effect of preventing a retail
10customer with a maximum electrical demand of less than one
11megawatt from having access to the services of the electric
12utility in whose service area the customer is located or (ii)
13charge retail customers for such access. This subsection shall
14not be construed to prevent an arms-length agreement between a
15supplier and a retail customer that sets a term of service,
16notice period for terminating service and provisions governing
17early termination through a tariff or contract as allowed by
18Section 16-119.
19    (d) An alternative retail electric supplier that is
20certified to serve residential or small commercial retail
21customers shall not:
22        (1) deny service to a customer or group of customers
23    nor establish any differences as to prices, terms,
24    conditions, services, products, facilities, or in any
25    other respect, whereby such denial or differences are based
26    upon race, gender or income.

 

 

SB2084- 17 -LRB101 07402 JRG 52442 b

1        (2) deny service to a customer or group of customers
2    based on locality nor establish any unreasonable
3    difference as to prices, terms, conditions, services,
4    products, or facilities as between localities.
5    (e) An alternative retail electric supplier shall comply
6with the following requirements with respect to the marketing,
7offering and provision of products or services to residential
8and small commercial retail customers:
9        (i) Any marketing materials which make statements
10    concerning prices, terms and conditions of service shall
11    contain information that adequately discloses the prices,
12    terms and conditions of the products or services that the
13    alternative retail electric supplier is offering or
14    selling to the customer. All marketing materials,
15    including electronic marketing materials, that include a
16    price per kilowatt-hour for competitive electricity
17    service shall include the following statement: "(Name of
18    alternative retail electric supplier) is not the same
19    entity as your electric utility delivery company. You are
20    not required to enroll with (name of alternative retail
21    electric supplier). For information on comparison rates
22    for utility electric supply service and understanding your
23    electric supply choices, go to the Illinois Commerce
24    Commission's free website at www.pluginillinois.org.". Any
25    alternative retail electric supplier solicitations or
26    materials marketing electric power or energy services to a

 

 

SB2084- 18 -LRB101 07402 JRG 52442 b

1    residential customer that contains a price per
2    kilowatt-hour shall include a Price to Compare reflecting
3    the fully avoidable costs of a typical customer, using a
4    methodology to calculate the Price to Compare that the
5    Commission shall adopt by rule. The Commission shall make
6    the Price to Compare available on the Commission's
7    pluginillinois.org website. The Commission is authorized
8    to adopt emergency rules to implement this paragraph. This
9    paragraph (i) does not apply to materials that do not list
10    a price per kilowatt-hour for competitive electricity
11    services or to billboards.
12        (ii) Before any customer is switched from another
13    supplier, the alternative retail electric supplier shall
14    give the customer written information that adequately
15    discloses, in plain language, the prices, terms and
16    conditions of the products and services being offered and
17    sold to the customer.
18        (iii) An alternative retail electric supplier shall
19    provide documentation to the Commission and to customers
20    that substantiates any claims made by the alternative
21    retail electric supplier regarding the technologies and
22    fuel types used to generate the electricity offered or sold
23    to customers.
24        (iv) The alternative retail electric supplier shall
25    provide to the customer (1) itemized billing statements
26    that describe the products and services provided to the

 

 

SB2084- 19 -LRB101 07402 JRG 52442 b

1    customer and their prices, and (2) an additional statement,
2    at least annually, that adequately discloses the average
3    monthly prices, and the terms and conditions, of the
4    products and services sold to the customer.
5        (v) No less than 30 days before a residential
6    customer's variable rate changes, the alternative retail
7    electric supplier shall send a separate written notice to
8    the customer informing the customer of an upcoming rate
9    change if the residential variable rate customer's rate
10    increases by more than 20% from one monthly billing period
11    to the next. This requirement does not apply if the
12    variable rate can be determined based on some combination
13    of: (1) publicly available information, such as an index,
14    and (2) a formula provided by the alternative retail
15    electric supplier in the contract using only publicly
16    available information or for time of use based pricing. A
17    customer shall have the right to choose to receive the
18    notice in electronic or paper form, including an option to
19    receive notice via login through an online account with the
20    alternative retail electric supplier.
21        (vi) The alternative retail electric supplier shall
22    send a separate written notice if a residential customer's
23    contract includes a provision that results in a change to
24    the residential customer's rate plan of the upcoming change
25    at least 30 days, but no more than 60 days, before the
26    change. The separate written notice shall conform to the

 

 

SB2084- 20 -LRB101 07402 JRG 52442 b

1    requirements in 83 Ill. Adm. Code 412.165(e). A customer
2    shall have the right to choose to receive the notice in
3    electronic or paper form, including an option to receive
4    notice via login through an online account with the
5    alternative retail electric supplier.
6        (vii) In the case of an automatic renewal of a contract
7    for which the initial term is a fixed price and that
8    changes after the initial term, an alternative retail
9    electric supplier shall provide a written notice to the
10    customer at least 30 days but no more than 60 days before
11    the end of the initial contract term that shall include a
12    side-by-side comparison of the current price and the price
13    for the first month of the new term.
14    For purposes of this subsection (e), "variable" means the
15per-unit charge for electric power and energy service changes
16at any time during the term of the contract but do not change
17more than once per billing period.
18    (f) An alternative retail electric supplier may limit the
19overall size or availability of a service offering by
20specifying one or more of the following: a maximum number of
21customers, maximum amount of electric load to be served, time
22period during which the offering will be available, or other
23comparable limitation, but not including the geographic
24locations of customers within the area which the alternative
25retail electric supplier is certificated to serve. The
26alternative retail electric supplier shall file the terms and

 

 

SB2084- 21 -LRB101 07402 JRG 52442 b

1conditions of such service offering including the applicable
2limitations with the Commission prior to making the service
3offering available to customers.
4    (g) Nothing in this Section shall be construed as
5preventing an alternative retail electric supplier, which is an
6affiliate of, or which contracts with, (i) an industry or trade
7organization or association, (ii) a membership organization or
8association that exists for a purpose other than the purchase
9of electricity, or (iii) another organization that meets
10criteria established in a rule adopted by the Commission, from
11offering through the organization or association services at
12prices, terms and conditions that are available solely to the
13members of the organization or association.
14    (h) An alternative retail electric supplier shall maintain
15sufficient managerial resources and abilities to provide the
16service for which it has a certificate of service authority. In
17determining the level of managerial resources and abilities
18that the alternative retail electric supplier shall
19demonstrate, the Commission shall consider, in addition to the
20requirements in subsection (d) of Section 16-115, the
21following:
22        (1) complaints to the Commission by consumers
23    regarding the alternative retail electric supplier,
24    including those that reflect on the alternative retail
25    electric supplier's ability to properly manage
26    solicitation and authorization; and

 

 

SB2084- 22 -LRB101 07402 JRG 52442 b

1        (2) the alternative retail electric supplier's
2    involvement in the Commission's consumer complaint
3    process, including the resources the alternative retail
4    electric supplier dedicates to the process and the
5    alternative retail electric supplier's ability to manage
6    the issues raised by complaints and the resolutions of the
7    complaints.
8    The provisions of this subsection (h) apply only to
9alternative retail electric suppliers serving or seeking to
10serve residential or small commercial customers and only to the
11extent those alternative retail electric suppliers provide
12services to residential or small commercial customers, unless
13otherwise noted.
14    For purposes of this subsection (h), "complaint" means an
15objection made to an alternative retail electric supplier by a
16customer as to its charges, facilities, or service, the
17disposal of which requires investigation or analysis.
18"Complaint" includes a customer identifying and asking an
19alternative retail electric supplier to address or resolve a
20problem or concern. "Complaint" does not include contact that
21is limited to inquiry or seeking information; however, the
22definition of "complaint" for this purpose shall not be read or
23interpreted to limit in any way the Commission's authority to
24accept and seek resolution of informal complaints or inquiries
25of any description submitted by a residential customer or small
26business customer regarding an alternative retail electric

 

 

SB2084- 23 -LRB101 07402 JRG 52442 b

1supplier.
2    (i) Complaints may be filed with the Commission under this
3Section and Section 10-108 by a customer whose electric supply
4service has been provided by an alternative electric supplier
5in a manner not in compliance with subsection (b), (d), (e), or
6(h) if the customer has first sought resolution of the dispute
7arising from the non-compliant conduct complained of through
8the Commission's informal complaint process. If, after notice
9and hearing, the Commission finds that an alternative retail
10electric supplier has violated subsection (b), (d), (e), or
11(h), then the Commission may, in its discretion, do any one or
12more of the following:
13        (1) require the violating alternative retail electric
14    supplier to refund the customer charges collected in excess
15    of those that would have been charged by the customer's
16    authorized electric provider;
17        (2) require the violating alternative retail electric
18    supplier to pay a fine of $5,000 for each violation;
19        (3) issue a cease and desist order; or
20        (4) for a pattern of violations or for intentionally
21    violating a cease and desist order, revoke the violating
22    alternative retail electric supplier's certificate of
23    service authority.
24    (j) All fines shall be deposited into the Public Utilities
25Fund.
26    (k) The Commission shall ensure alternative retail

 

 

SB2084- 24 -LRB101 07402 JRG 52442 b

1electric suppliers have proper training in place to prohibit
2impersonation of a utility. The Commission shall investigate
3complaints of any company or its agents impersonating a
4utility. A company contracting with or that employs a sales
5agent found to be impersonating a utility shall be fined $5,000
6for each incident.
7    As used in this subsection:
8    "Impersonation" means wearing apparel or carrying items
9using the utility name or logo with the intent of misleading
10the customer into believing the agent is acting on behalf of or
11working for the utility.
12    "Company" includes an alternative retail electric supplier
13and any agent, broker, consultant, or other entity hired to
14sell retail electricity services.
15(Source: P.A. 90-561, eff. 12-16-97.)
 
16    (220 ILCS 5/16-115B)
17    Sec. 16-115B. Commission oversight of services provided by
18alternative retail electric suppliers.
19    (a) The Commission shall have jurisdiction in accordance
20with the provisions of Article X of this Act to entertain and
21dispose of any complaint against any alternative retail
22electric supplier alleging (i) that the alternative retail
23electric supplier has violated or is in nonconformance with any
24applicable provisions of Section 16-115 through Section
2516-115A; (ii) that an alternative retail electric supplier

 

 

SB2084- 25 -LRB101 07402 JRG 52442 b

1serving retail customers having maximum demands of less than
2one megawatt has failed to provide service in accordance with
3the terms of its contract or contracts with such customer or
4customers; (iii) that the alternative retail electric supplier
5has violated or is in non-conformance with the delivery
6services tariff of, or any of its agreements relating to
7delivery services with, the electric utility, municipal
8system, or electric cooperative providing delivery services;
9or (iv) that the alternative retail electric supplier has
10violated or failed to comply with the requirements of Sections
118-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made
12applicable to alternative retail electric suppliers.
13    (b) In addition to other powers and authority granted it
14under this Act, the Commission is authorized to require an
15alternative retail electric supplier to enter into a compliance
16plan. If the Commission comes into possession of information
17causing it to conclude that an alternative retail electric
18supplier is violating this Act or the Commission's rules, the
19Commission may, after notice and hearing, enter an order
20directing the alternative retail electric supplier to
21implement such practices, procedures, oversight, or other
22measures or refrain from such practices, conduct, or activities
23as the Commission finds is necessary or reasonable to ensure
24the alternative retail electric supplier's compliance with the
25Act and the Commission's rules. Failure by an alternative
26retail electric supplier to implement or comply with a

 

 

SB2084- 26 -LRB101 07402 JRG 52442 b

1Commission-ordered compliance plan is a violation of this
2Section. The Commission, in its discretion, may order a
3compliance plan under such circumstances as it considers
4warranted and is not required to order a compliance plan prior
5to taking other enforcement action against an alternative
6retail electric supplier.
7    (c) (b) The Commission shall have authority, after notice
8and hearing held on complaint or on the Commission's own
9motion, to do any one or more of the following:
10        (1) If the Commission finds sufficient evidence of a
11    repeated pattern of conduct or circumstances that is
12    contrary to Section 16-115A or 83 Adm. Ill. Code Part 412
13    and that constitutes a significant likelihood of
14    substantial harm to customers, the public interest, or an
15    adequately functioning market, it may issue an informal
16    notice, without initiating a docketed proceeding, to the
17    alternative retail electric supplier to show cause why an
18    order to cease and desist should not be entered against the
19    alternative retail electric supplier. The Commission's
20    informal notice shall clearly set forth the evidence relied
21    upon by the Commission, including, but not limited to, the
22    provisions in subsection (d) of Section 16-115 and
23    subsection (h) of Section 16-115A. The Commission shall
24    allow the alternative retail electric supplier at least 3
25    and no more than 5 business days from the date of the
26    informal notice to file an answer to the satisfaction of

 

 

SB2084- 27 -LRB101 07402 JRG 52442 b

1    the Commission. Failure of the alternative retail electric
2    supplier to answer to the satisfaction of the Commission
3    shall cause an order to cease and desist to be issued
4    immediately by the Commission.
5        (2) Order (1) To order an alternative retail electric
6    supplier to cease and desist, or correct, any violation of
7    or non-conformance with the provisions of Section 16-115 or
8    16-115A. ;
9        (3) Impose (2) To impose financial penalties for
10    violations of or non-conformances with the provisions of
11    Section 16-115 or 16-115A, not to exceed (i) $10,000 per
12    occurrence or (ii) $30,000 per day for those violations or
13    non-conformances which continue after the Commission
14    issues a cease and desist order. ; and
15        (4) Alter (3) To alter, modify, revoke, or suspend the
16    certificate of service authority of an alternative retail
17    electric supplier for substantial or repeated violations
18    of or non-conformances with the provisions of Section
19    16-115 or 16-115A.
20    (d) In assessing a penalty against an alternative retail
21electric supplier under any provision of this Article XVI, the
22Commission may consider the following factors, in addition to
23any other factor or consideration that the Commission in its
24discretion considers to bear on the nature or gravity of the
25violation:
26        (1) the nature of the violations found and the

 

 

SB2084- 28 -LRB101 07402 JRG 52442 b

1    alternative retail electric supplier's history of
2    substantiated complaints or adjudicated violations;
3        (2) the alternative retail electric supplier's
4    culpability;
5        (3) existence or strength of compliance and internal
6    monitoring programs;
7        (4) whether the alternative retail electric supplier
8    made a good faith effort to compensate consumers harmed;
9    and
10        (5) any context-appropriate factors that the
11    Commission deems appropriate.
12    (e) All fines shall be deposited into the Public Utilities
13Fund.
14    (f) The Commission shall conduct at least one mandatory
15compliance education workshop annually for alternative retail
16electric suppliers that service retail and small commercial
17retail customers in an electric utility's service area
18regarding statutory and rule requirements, consumer complaint
19statistics, and any other information determined necessary by
20the Commission. Completion of the Commission's compliance
21workshop by an alternative retail electric supplier, as
22determined by the Commission, must be in person and is a
23condition for continuing compliance with certification
24requirements for an alternative retail electric supplier under
2583 Ill. Adm. Code 451.Subpart H.
26(Source: P.A. 90-561, eff. 12-16-97.)
 

 

 

SB2084- 29 -LRB101 07402 JRG 52442 b

1    (220 ILCS 5/16-118)
2    Sec. 16-118. Services provided by electric utilities to
3alternative retail electric suppliers.
4    (a) It is in the best interest of Illinois energy consumers
5to promote fair and open competition in the provision of
6electric power and energy and to prevent anticompetitive
7practices in the provision of electric power and energy.
8Therefore, to the extent an electric utility provides electric
9power and energy or delivery services to alternative retail
10electric suppliers and such services are not subject to the
11jurisdiction of the Federal Energy Regulatory Commission, and
12are not competitive services, they shall be provided through
13tariffs that are filed with the Commission, pursuant to Article
14IX of this Act. Each electric utility shall permit alternative
15retail electric suppliers to interconnect facilities to those
16owned by the utility provided they meet established standards
17for such interconnection, and may provide standby or other
18services to alternative retail electric suppliers. The
19alternative retail electric supplier shall sign a contract
20setting forth the prices, terms and conditions for
21interconnection with the electric utility and the prices, terms
22and conditions for services provided by the electric utility to
23the alternative retail electric supplier in connection with the
24delivery by the electric utility of electric power and energy
25supplied by the alternative retail electric supplier.

 

 

SB2084- 30 -LRB101 07402 JRG 52442 b

1    (b) An electric utility shall file a tariff pursuant to
2Article IX of the Act that would allow alternative retail
3electric suppliers or electric utilities other than the
4electric utility in whose service area retail customers are
5located to issue single bills to the retail customers for both
6the services provided by such alternative retail electric
7supplier or other electric utility and the delivery services
8provided by the electric utility to such customers. The tariff
9filed pursuant to this subsection shall (i) require partial
10payments made by retail customers to be credited first to the
11electric utility's tariffed services, (ii) impose commercially
12reasonable terms with respect to credit and collection,
13including requests for deposits, (iii) retain the electric
14utility's right to disconnect the retail customers, if it does
15not receive payment for its tariffed services, in the same
16manner that it would be permitted to if it had billed for the
17services itself, and (iv) require the alternative retail
18electric supplier or other electric utility that elects the
19billing option provided by this tariff to include on each bill
20to retail customers an identification of the electric utility
21providing the delivery services and a listing of the charges
22applicable to such services. The tariff filed pursuant to this
23subsection may also include other just and reasonable terms and
24conditions. In addition, an electric utility, an alternative
25retail electric supplier or electric utility other than the
26electric utility in whose service area the customer is located,

 

 

SB2084- 31 -LRB101 07402 JRG 52442 b

1and a customer served by such alternative retail electric
2supplier or other electric utility, may enter into an agreement
3pursuant to which the alternative retail electric supplier or
4other electric utility pays the charges specified in Section
516-108, or other customer-related charges, including taxes and
6fees, in lieu of such charges being recovered by the electric
7utility directly from the customer.
8    (c) An electric utility with more than 100,000 customers
9shall file a tariff pursuant to Article IX of this Act that
10provides alternative retail electric suppliers, and electric
11utilities other than the electric utility in whose service area
12the retail customers are located, with the option to have the
13electric utility purchase their receivables for power and
14energy service provided to residential retail customers and
15non-residential retail customers with a non-coincident peak
16demand of less than 400 kilowatts. Receivables for power and
17energy service of alternative retail electric suppliers or
18electric utilities other than the electric utility in whose
19service area the retail customers are located shall be
20purchased by the electric utility at a just and reasonable
21discount rate to be reviewed and approved by the Commission
22after notice and hearing. The discount rate shall be based on
23the electric utility's historical bad debt and any reasonable
24start-up costs and administrative costs associated with the
25electric utility's purchase of receivables. The discounted
26rate for purchase of receivables shall be included in the

 

 

SB2084- 32 -LRB101 07402 JRG 52442 b

1tariff filed pursuant to this subsection (c). The discount rate
2filed pursuant to this subsection (c) shall be subject to
3periodic Commission review. The electric utility retains the
4right to impose the same terms on retail customers with respect
5to credit and collection, including requests for deposits, and
6retain the electric utility's right to disconnect the retail
7customers, if it does not receive payment for its tariffed
8services or purchased receivables, in the same manner that it
9would be permitted to if the retail customers purchased power
10and energy from the electric utility. The tariff filed pursuant
11to this subsection (c) shall permit the electric utility to
12recover from retail customers any uncollected receivables that
13may arise as a result of the purchase of receivables under this
14subsection (c), may also include other just and reasonable
15terms and conditions, and shall provide for the prudently
16incurred costs associated with the provision of this service
17pursuant to this subsection (c). Nothing in this subsection (c)
18permits the double recovery of bad debt expenses from
19customers.
20    (d) An electric utility with more than 100,000 customers
21shall file a tariff pursuant to Article IX of this Act that
22would provide alternative retail electric suppliers or
23electric utilities other than the electric utility in whose
24service area retail customers are located with the option to
25have the electric utility produce and provide single bills to
26the retail customers for both the electric power and energy

 

 

SB2084- 33 -LRB101 07402 JRG 52442 b

1service provided by the alternative retail electric supplier or
2other electric utility and the delivery services provided by
3the electric utility to the customers. The tariffs filed
4pursuant to this subsection shall require the electric utility
5to collect and remit customer payments for electric power and
6energy service provided by alternative retail electric
7suppliers or electric utilities other than the electric utility
8in whose service area retail customers are located. The tariff
9filed pursuant to this subsection shall require the electric
10utility to include on each bill to retail customers an
11identification of the alternative retail electric supplier or
12other electric utility that elects the billing option. The
13tariff filed pursuant to this subsection (d) may also include
14other just and reasonable terms and conditions and shall
15provide for the recovery of prudently incurred costs associated
16with the provision of service pursuant to this subsection (d).
17The costs associated with the provision of service pursuant to
18this Section shall be subject to periodic Commission review.
19    (e) An electric utility with more than 100,000 customers in
20this State shall file a tariff pursuant to Article IX of this
21Act that provides alternative retail electric suppliers, and
22electric utilities other than the electric utility in whose
23service area the retail customers are located, with the option
24to have the electric utility purchase 2 billing cycles worth of
25uncollectible receivables for power and energy service
26provided to residential retail customers and to

 

 

SB2084- 34 -LRB101 07402 JRG 52442 b

1non-residential retail customers with a non-coincident peak
2demand of less than 400 kilowatts upon returning that customer
3to that electric utility for delivery and energy service after
4that alternative retail electric supplier, or an electric
5utility other than the electric utility in whose service area
6the retail customer is located, has made reasonable collection
7efforts on that account. Uncollectible receivables for power
8and energy service of alternative retail electric suppliers, or
9electric utilities other than the electric utility in whose
10service area the retail customers are located, shall be
11purchased by the electric utility at a just and reasonable
12discount rate to be reviewed and approved by the Commission,
13after notice and hearing. The discount rate shall be based on
14the electric utility's historical bad debt for receivables that
15are outstanding for a similar length of time and any reasonable
16start-up costs and administrative costs associated with the
17electric utility's purchase of receivables. The discounted
18rate for purchase of uncollectible receivables shall be
19included in the tariff filed pursuant to this subsection (e).
20The electric utility retains the right to impose the same terms
21on these retail customers with respect to credit and
22collection, including requests for deposits, and retains the
23right to disconnect these retail customers, if it does not
24receive payment for its tariffed services or purchased
25receivables, in the same manner that it would be permitted to
26if the retail customers had purchased power and energy from the

 

 

SB2084- 35 -LRB101 07402 JRG 52442 b

1electric utility. The tariff filed pursuant to this subsection
2(e) shall permit the electric utility to recover from retail
3customers any uncollectable receivables that may arise as a
4result of the purchase of uncollectible receivables under this
5subsection (e), may also include other just and reasonable
6terms and conditions, and shall provide for the prudently
7incurred costs associated with the provision of this service
8pursuant to this subsection (e). Nothing in this subsection (e)
9permits the double recovery of utility bad debt expenses from
10customers. The electric utility may file a joint tariff for
11this subsection (e) and subsection (c) of this Section.
12    (f) Every alternative retail electric supplier or electric
13utility other than the electric utility in whose service area
14retail customers are located that issue single bills to the
15retail customers for the services provided by such alternative
16retail electric supplier or other electric utility and the
17delivery services provided by the electric utility to such
18customers shall include on the single bills issued to
19residential customers the current utility supply charge that
20would apply to the customer for the billing period if the
21customer obtained supply from the utility, including all fixed
22or monthly supply charges and other charges, credits, or rates
23that are part of the electric supply price.
24    (g) Every electric utility that provides delivery and
25supply services shall include on each bill to residential
26customers who obtain supply from an alternative retail electric

 

 

SB2084- 36 -LRB101 07402 JRG 52442 b

1supplier the electric utility's total supply charge that would
2apply to the customer for the billing period if the customer
3obtained supply from the utility, including all fixed or
4monthly supply charges and other charges, credits, or rates
5that are part of the electric supply price.
6(Source: P.A. 95-700, eff. 11-9-07.)
 
7    (220 ILCS 5/16-119)
8    Sec. 16-119. Switching suppliers.
9    (a) An electric utility or an alternative retail electric
10supplier may establish a term of service, notice period for
11terminating service and provisions governing early termination
12through a tariff or contract. A customer may change its
13supplier subject to tariff or contract terms and conditions.
14Any notice provisions; or provision for a fee, charge or
15penalty with early termination of a contract; shall be
16conspicuously disclosed in any tariff or contract. Any tariff
17filed or contract renewed or entered into on and after the
18effective date of this amendatory Act of the 99th General
19Assembly that contains an early termination clause shall
20disclose the amount of the early termination fee or penalty,
21provided that any early termination fee or penalty shall not
22exceed $50 total for residential customers and $150 for small
23commercial retail customers as defined in Section 16-102 of
24this Act, regardless of whether or not the tariff or contract
25is a multiyear tariff or contract. A customer shall remain

 

 

SB2084- 37 -LRB101 07402 JRG 52442 b

1responsible for any unpaid charges owed to an electric utility
2or alternative retail electric supplier at the time it switches
3to another provider.
4    The caps on early termination fees and penalties under this
5Section shall apply only to early termination fees and
6penalties for early termination of electric service. The caps
7shall not apply to charges or fees for devices, equipment, or
8other services provided by the utility or alternative retail
9electric supplier.
10    (b) Notwithstanding the requirements of subsection (a),
11each electric utility shall, within 90 days after the effective
12date of this amendatory Act of the 101st General Assembly,
13modify its tariff carrying out this Section to reflect the
14following:
15        (1) No customer who is receiving Low-Income Home Energy
16    Assistance Program funds may be switched to an alternative
17    retail electric supplier except subject to a government
18    aggregation program or to an order entered by the
19    Commission that approves a Low-Income Home Energy
20    Assistance Program savings guarantee plan for alternative
21    retail electric supplier offerings.
22        (2) If an alternative retail electric supplier
23    attempts to enroll a Low-Income Home Energy Assistance
24    Program customer other than through a government
25    aggregation program or an order entered by the Commission
26    that approves a Low-Income Energy Assistance Program

 

 

SB2084- 38 -LRB101 07402 JRG 52442 b

1    savings guarantee plan for alternative retail electric
2    supplier offerings, the electric utility shall deny the
3    supplier switch and inform the alternative retail electric
4    supplier of the reason.
5(Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
 
6    (220 ILCS 5/19-115)
7    Sec. 19-115. Obligations of alternative gas suppliers.
8    (a) The provisions of this Section shall apply only to
9alternative gas suppliers serving or seeking to serve
10residential or small commercial customers and only to the
11extent such alternative gas suppliers provide services to
12residential or small commercial customers.
13    (b) An alternative gas supplier shall:
14        (1) comply with the requirements imposed on public
15    utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
16    8-507 of this Act, to the extent that these Sections have
17    application to the services being offered by the
18    alternative gas supplier;
19        (2) continue to comply with the requirements for
20    certification stated in Section 19-110;
21        (3) comply with complaint procedures established by
22    the Commission;
23        (4) except as provided in subsection (h) of this
24    Section, file with the Chief Clerk of the Commission,
25    within 20 business days after the effective date of this

 

 

SB2084- 39 -LRB101 07402 JRG 52442 b

1    amendatory Act of the 95th General Assembly, a copy of bill
2    formats, standard customer contract and customer complaint
3    and resolution procedures, and the name and telephone
4    number of the company representative whom Commission
5    employees may contact to resolve customer complaints and
6    other matters. In the case of a gas supplier that engages
7    in door-to-door solicitation, the company shall file with
8    the Commission the consumer information disclosure
9    required by item (3) of subsection (c) of Section 2DDD of
10    the Consumer Fraud and Deceptive Business Practices Act and
11    shall file updated information within 10 business days
12    after changes in any of the documents or information
13    required to be filed by this item (4); and
14        (5) maintain a customer call center where customers can
15    reach a representative and receive current information. At
16    least once every 6 months, each alternative gas supplier
17    shall provide written information to customers explaining
18    how to contact the call center. The average answer time for
19    calls placed to the call center shall not exceed 60 seconds
20    where a representative or automated system is ready to
21    render assistance and/or accept information to process
22    calls. The abandon rate for calls placed to the call center
23    shall not exceed 10%. Each alternative gas supplier shall
24    maintain records of the call center's telephone answer time
25    performance and abandon call rate. These records shall be
26    kept for a minimum of 2 years and shall be made available

 

 

SB2084- 40 -LRB101 07402 JRG 52442 b

1    to Commission personnel upon request. In the event that
2    answer times and/or abandon rates exceed the limits
3    established above, the reporting alternative gas supplier
4    may provide the Commission or its personnel with
5    explanatory details. At a minimum, these records shall
6    contain the following information in monthly increments:
7            (A) total number of calls received;
8            (B) number of calls answered;
9            (C) average answer time;
10            (D) number of abandoned calls; and
11            (E) abandon call rate; and .
12        (6) submit to the Commission and the Office of the
13    Attorney General, on January 1, 2020 and the first day of
14    each quarter thereafter, the rates the alternative gas
15    supplier charged to residential customers in the prior
16    quarter, including each distinct rate charged and whether
17    the rate was a fixed or variable rate, the basis for the
18    variable rate, and any fees charged in addition to the
19    supply rate, including monthly fees, flat fees, or other
20    service charges; the Commission is authorized to adopt
21    rules to implement this paragraph (6).
22    Alternative gas suppliers that do not have electronic
23answering capability that meets these requirements shall
24notify the Manager of the Commission's Consumer Services
25Division or its successor within 30 days following the
26effective date of this amendatory Act of the 95th General

 

 

SB2084- 41 -LRB101 07402 JRG 52442 b

1Assembly and work with Staff to develop individualized
2reporting requirements as to the call volume and responsiveness
3of the call center.
4    On or before March 1 of every year, each entity shall file
5a report with the Chief Clerk of the Commission for the
6preceding calendar year on its answer time and abandon call
7rate for its call center. A copy of the report shall be sent to
8the Manager of the Consumer Services Division or its successor.
9    (c) An alternative gas supplier shall not submit or execute
10a change in a customer's selection of a natural gas provider
11unless and until (i) the alternative gas supplier first
12discloses all material terms and conditions of the offer to the
13customer; (ii) the alternative gas supplier has obtained the
14customer's express agreement to accept the offer after the
15disclosure of all material terms and conditions of the offer;
16and (iii) the alternative gas supplier has confirmed the
17request for a change in accordance with one of the following
18procedures:
19        (1) The alternative gas supplier has obtained the
20    customer's written or electronically signed authorization
21    in a form that meets the following requirements:
22            (A) An alternative gas supplier shall obtain any
23        necessary written or electronically signed
24        authorization from a customer for a change in natural
25        gas service by using a letter of agency as specified in
26        this Section. Any letter of agency that does not

 

 

SB2084- 42 -LRB101 07402 JRG 52442 b

1        conform with this Section is invalid.
2            (B) The letter of agency shall be a separate
3        document (or an easily separable document containing
4        only the authorization language described in item (E)
5        of this paragraph (1)) whose sole purpose is to
6        authorize a natural gas provider change. The letter of
7        agency must be signed and dated by the customer
8        requesting the natural gas provider change.
9            (C) The letter of agency shall not be combined with
10        inducements of any kind on the same document.
11            (D) Notwithstanding items (A) and (B) of this
12        paragraph (1), the letter of agency may be combined
13        with checks that contain only the required letter of
14        agency language prescribed in item (E) of this
15        paragraph (1) and the necessary information to make the
16        check a negotiable instrument. The letter of agency
17        check shall not contain any promotional language or
18        material. The letter of agency check shall contain in
19        easily readable, bold face type on the face of the
20        check a notice that the consumer is authorizing a
21        natural gas provider change by signing the check. The
22        letter of agency language also shall be placed near the
23        signature line on the back of the check.
24            (E) At a minimum, the letter of agency must be
25        printed with a print of sufficient size to be clearly
26        legible and must contain clear and unambiguous

 

 

SB2084- 43 -LRB101 07402 JRG 52442 b

1        language that confirms:
2                (i) the customer's billing name and address;
3                (ii) the decision to change the natural gas
4            provider from the current provider to the
5            prospective alternative gas supplier;
6                (iii) the terms, conditions, and nature of the
7            service to be provided to the customer, including,
8            but not limited to, the rates for the service
9            contracted for by the customer; and
10                (iv) that the customer understands that any
11            natural gas provider selection the customer
12            chooses may involve a charge to the customer for
13            changing the customer's natural gas provider.
14            (F) Letters of agency shall not suggest or require
15        that a customer take some action in order to retain the
16        customer's current natural gas provider.
17            (G) If any portion of a letter of agency is
18        translated into another language, then all portions of
19        the letter of agency must be translated into that
20        language.
21        (2) An appropriately qualified independent third party
22    has obtained, in accordance with the procedures set forth
23    in this paragraph (2), the customer's oral authorization to
24    change natural gas providers that confirms and includes
25    appropriate verification data. The independent third party
26    must (i) not be owned, managed, controlled, or directed by

 

 

SB2084- 44 -LRB101 07402 JRG 52442 b

1    the alternative gas supplier or the alternative gas
2    supplier's marketing agent; (ii) not have any financial
3    incentive to confirm provider change requests for the
4    alternative gas supplier or the alternative gas supplier's
5    marketing agent; and (iii) operate in a location physically
6    separate from the alternative gas supplier or the
7    alternative gas supplier's marketing agent. Automated
8    third-party verification systems and 3-way conference
9    calls may be used for verification purposes so long as the
10    other requirements of this paragraph (2) are satisfied. An
11    alternative gas supplier or alternative gas supplier's
12    sales representative initiating a 3-way conference call or
13    a call through an automated verification system must drop
14    off the call once the 3-way connection has been
15    established. All third-party verification methods shall
16    elicit, at a minimum, the following information:
17            (A) the identity of the customer;
18            (B) confirmation that the person on the call is
19        authorized to make the provider change;
20            (C) confirmation that the person on the call wants
21        to make the provider change;
22            (D) the names of the providers affected by the
23        change;
24            (E) the service address of the service to be
25        switched; and
26            (F) the price of the service to be provided and the

 

 

SB2084- 45 -LRB101 07402 JRG 52442 b

1        material terms and conditions of the service being
2        offered, including whether any early termination fees
3        apply.
4        Third-party verifiers may not market the alternative
5    gas supplier's services by providing additional
6    information. All third-party verifications shall be
7    conducted in the same language that was used in the
8    underlying sales transaction and shall be recorded in their
9    entirety. Submitting alternative gas suppliers shall
10    maintain and preserve audio records of verification of
11    customer authorization for a minimum period of 2 years
12    after obtaining the verification. Automated systems must
13    provide customers with an option to speak with a live
14    person at any time during the call.
15        (3) The alternative gas supplier has obtained the
16    customer's authorization via an automated verification
17    system to change natural gas service via telephone. An
18    automated verification system is an electronic system
19    that, through pre-recorded prompts, elicits voice
20    responses, touchtone responses, or both, from the customer
21    and records both the prompts and the customer's responses.
22    Such authorization must elicit the information in
23    paragraph (2)(A) through (F) of this subsection (c).
24    Alternative gas suppliers electing to confirm sales
25    electronically through an automated verification system
26    shall establish one or more toll-free telephone numbers

 

 

SB2084- 46 -LRB101 07402 JRG 52442 b

1    exclusively for that purpose. Calls to the number or
2    numbers shall connect a customer to a voice response unit,
3    or similar mechanism, that makes a date-stamped,
4    time-stamped recording of the required information
5    regarding the alternative gas supplier change.
6        The alternative gas supplier shall not use such
7    electronic authorization systems to market its services.
8        (4) When a consumer initiates the call to the
9    prospective alternative gas supplier, in order to enroll
10    the consumer as a customer, the prospective alternative gas
11    supplier must, with the consent of the customer, make a
12    date-stamped, time-stamped audio recording that elicits,
13    at a minimum, the following information:
14            (A) the identity of the customer;
15            (B) confirmation that the person on the call is
16        authorized to make the provider change;
17            (C) confirmation that the person on the call wants
18        to make the provider change;
19            (D) the names of the providers affected by the
20        change;
21            (E) the service address of the service to be
22        switched; and
23            (F) the price of the service to be supplied and the
24        material terms and conditions of the service being
25        offered, including whether any early termination fees
26        apply.

 

 

SB2084- 47 -LRB101 07402 JRG 52442 b

1        Submitting alternative gas suppliers shall maintain
2    and preserve the audio records containing the information
3    set forth above for a minimum period of 2 years.
4        (5) In the event that a customer enrolls for service
5    from an alternative gas supplier via an Internet website,
6    the alternative gas supplier shall obtain an
7    electronically signed letter of agency in accordance with
8    paragraph (1) of this subsection (c) and any customer
9    information shall be protected in accordance with all
10    applicable statutes and regulations. In addition, an
11    alternative gas supplier shall provide the following when
12    marketing via an Internet website:
13            (A) The Internet enrollment website shall, at a
14        minimum, include:
15                (i) a copy of the alternative gas supplier's
16            customer contract that clearly and conspicuously
17            discloses all terms and conditions; and
18                (ii) a conspicuous prompt for the customer to
19            print or save a copy of the contract.
20            (B) Any electronic version of the contract shall be
21        identified by version number, in order to ensure the
22        ability to verify the particular contract to which the
23        customer assents.
24            (C) Throughout the duration of the alternative gas
25        supplier's contract with a customer, the alternative
26        gas supplier shall retain and, within 3 business days

 

 

SB2084- 48 -LRB101 07402 JRG 52442 b

1        of the customer's request, provide to the customer an
2        e-mail, paper, or facsimile of the terms and conditions
3        of the numbered contract version to which the customer
4        assents.
5            (D) The alternative gas supplier shall provide a
6        mechanism by which both the submission and receipt of
7        the electronic letter of agency are recorded by time
8        and date.
9            (E) After the customer completes the electronic
10        letter of agency, the alternative gas supplier shall
11        disclose conspicuously through its website that the
12        customer has been enrolled, and the alternative gas
13        supplier shall provide the customer an enrollment
14        confirmation number.
15        (6) When a customer is solicited in person by the
16    alternative gas supplier's sales agent, the alternative
17    gas supplier may only obtain the customer's authorization
18    to change natural gas service through the method provided
19    for in paragraph (2) of this subsection (c).
20    Alternative gas suppliers must be in compliance with this
21subsection (c) within 90 days after the effective date of this
22amendatory Act of the 95th General Assembly.
23    Notwithstanding the requirements under this subsection
24(c), each natural gas utility shall, within 90 days after the
25effective date of this amendatory Act of the 101st General
26Assembly, modify its tariff carrying out this Section to

 

 

SB2084- 49 -LRB101 07402 JRG 52442 b

1reflect the following:
2        (i) No customer who is receiving Low-Income Home Energy
3    Assistance Program funds may be switched to an alternative
4    gas supplier except subject to government aggregation
5    programs or to an order entered by the Commission that
6    approves a Low-Income Home Energy Assistance savings
7    guarantee plan for alternative gas supplier offerings.
8        (ii) If an alternative gas supplier attempts to enroll
9    a Low-Income Home Energy Assistance Program customer other
10    than through a government aggregation program or an order
11    entered by the Commission that approves a Low-Income Home
12    Energy Assistance Program savings guarantee plan for
13    alternative gas supplier offerings, the natural gas
14    utility shall deny the supplier switch and inform the
15    alternative gas supplier of the reason.
16    (d) Complaints may be filed with the Commission under this
17Section by a customer whose natural gas service has been
18provided by an alternative gas supplier in a manner not in
19compliance with subsection (c) of this Section. If, after
20notice and hearing, the Commission finds that an alternative
21gas supplier has violated subsection (c), then the Commission
22may in its discretion do any one or more of the following:
23        (1) Require the violating alternative gas supplier to
24    refund the customer charges collected in excess of those
25    that would have been charged by the customer's authorized
26    natural gas provider.

 

 

SB2084- 50 -LRB101 07402 JRG 52442 b

1        (2) Require the violating alternative gas supplier to
2    pay to the customer's authorized natural gas provider the
3    amount the authorized natural gas provider would have
4    collected for natural gas service. The Commission is
5    authorized to reduce this payment by any amount already
6    paid by the violating alternative gas supplier to the
7    customer's authorized natural gas provider.
8        (3) Require the violating alternative gas supplier to
9    pay a fine of up to $1,000 into the Public Utility Fund for
10    each repeated and intentional violation of this Section.
11        (4) Issue a cease and desist order.
12        (5) For a pattern of violation of this Section or for
13    intentionally violating a cease and desist order, revoke
14    the violating alternative gas supplier's certificate of
15    service authority.
16    (e) No alternative gas supplier shall:
17        (1) enter into or employ any arrangements which have
18    the effect of preventing any customer from having access to
19    the services of the gas utility in whose service area the
20    customer is located;
21        (2) charge customers for such access;
22        (3) bill for goods or services not authorized by the
23    customer; or
24        (4) bill for a disputed amount where the alternative
25    gas supplier has been provided notice of such dispute. The
26    supplier shall attempt to resolve a dispute with the

 

 

SB2084- 51 -LRB101 07402 JRG 52442 b

1    customer. When the dispute is not resolved to the
2    customer's satisfaction, the supplier shall inform the
3    customer of the right to file an informal complaint with
4    the Commission and provide contact information. While the
5    pending dispute is active at the Commission, an alternative
6    gas supplier may bill only for the undisputed amount until
7    the Commission has taken final action on the complaint.
8    (f) An alternative gas supplier that is certified to serve
9residential or small commercial customers shall not:
10        (1) deny service to a customer or group of customers
11    nor establish any differences as to prices, terms,
12    conditions, services, products, facilities, or in any
13    other respect, whereby such denial or differences are based
14    upon race, gender, or income;
15        (2) deny service based on locality, nor establish any
16    unreasonable difference as to prices, terms, conditions,
17    services, products, or facilities as between localities;
18        (3) include in any agreement a provision that obligates
19    a customer to the terms of the agreement if the customer
20    (i) moves outside the State of Illinois; (ii) moves to a
21    location without a transportation service program; or
22    (iii) moves to a location where the customer will not
23    require natural gas service, provided that nothing in this
24    subsection precludes an alternative gas supplier from
25    taking any action otherwise available to it to collect a
26    debt that arises out of service provided to the customer

 

 

SB2084- 52 -LRB101 07402 JRG 52442 b

1    before the customer moved; or
2        (4) assign the agreement to any alternative natural gas
3    supplier, unless:
4            (A) the supplier is an alternative gas supplier
5        certified by the Commission;
6            (B) the rates, terms, and conditions of the
7        agreement being assigned do not change during the
8        remainder of the time covered by the agreement;
9            (C) the customer is given no less than 30 days
10        prior written notice of the assignment and contact
11        information for the new supplier; and
12            (D) the supplier assigning the contract provides
13        contact information that a customer can use to resolve
14        a dispute.
15    (g) An alternative gas supplier shall comply with the
16following requirements with respect to the marketing,
17offering, and provision of products or services:
18        (1) Any marketing materials which make statements
19    concerning prices, terms, and conditions of service shall
20    contain information that adequately discloses the prices,
21    terms and conditions of the products or services.
22        (2) Before any customer is switched from another
23    supplier, the alternative gas supplier shall give the
24    customer written information that clearly and
25    conspicuously discloses, in plain language, the prices,
26    terms, and conditions of the products and services being

 

 

SB2084- 53 -LRB101 07402 JRG 52442 b

1    offered and sold to the customer. Nothing in this paragraph
2    (2) may be read to relieve an alternative gas supplier from
3    the duties imposed on it by item (3) of subsection (c) of
4    Section 2DDD of the Consumer Fraud and Deceptive Business
5    Practices Act.
6        (3) The alternative gas supplier shall provide to the
7    customer:
8            (A) accurate, timely, and itemized billing
9        statements that describe the products and services
10        provided to the customer and their prices and that
11        specify the gas consumption amount and any service
12        charges and taxes; provided that this item (g)(3)(A)
13        does not apply to small commercial customers;
14            (B) billing statements that clearly and
15        conspicuously discloses the name and contact
16        information for the alternative gas supplier;
17            (C) an additional statement, at least annually,
18        that adequately discloses the average monthly prices,
19        and the terms and conditions, of the products and
20        services sold to the customer; provided that this item
21        (g)(3)(C) does not apply to small commercial
22        customers;
23            (D) refunds of any deposits with interest within 30
24        days after the date that the customer changes gas
25        suppliers or discontinues service if the customer has
26        satisfied all of his or her outstanding financial

 

 

SB2084- 54 -LRB101 07402 JRG 52442 b

1        obligations to the alternative gas supplier at an
2        interest rate set by the Commission which shall be the
3        same as that required of gas utilities; and
4            (E) refunds, in a timely fashion, of all undisputed
5        overpayments upon the oral or written request of the
6        customer.
7        (4) An alternative gas supplier and its sales agents
8    shall refrain from any direct marketing or soliciting to
9    consumers on the gas utility's "Do Not Contact List", which
10    the alternative gas supplier shall obtain on the 15th
11    calendar day of the month from the gas utility in whose
12    service area the consumer is provided with gas service. If
13    the 15th calendar day is a non-business day, then the
14    alternative gas supplier shall obtain the list on the next
15    business day following the 15th calendar day of that month.
16        (5) Early Termination.
17            (A) Any agreement that contains an early
18        termination clause shall disclose the amount of the
19        early termination fee, provided that any early
20        termination fee or penalty shall not exceed $50 total,
21        regardless of whether or not the agreement is a
22        multiyear agreement.
23            (B) In any agreement that contains an early
24        termination clause, an alternative gas supplier shall
25        provide the customer the opportunity to terminate the
26        agreement without any termination fee or penalty

 

 

SB2084- 55 -LRB101 07402 JRG 52442 b

1        within 10 business days after the date of the first
2        bill issued to the customer for products or services
3        provided by the alternative gas supplier. The
4        agreement shall disclose the opportunity and provide a
5        toll-free phone number that the customer may call in
6        order to terminate the agreement.
7        (6) Within 2 business days after electronic receipt of
8    a customer switch from the alternative gas supplier and
9    confirmation of eligibility, the gas utility shall provide
10    the customer written notice confirming the switch. The gas
11    utility shall not switch the service until 10 business days
12    after the date on the notice to the customer.
13        (7) The alternative gas supplier shall provide each
14    customer the opportunity to rescind its agreement without
15    penalty within 10 business days after the date on the gas
16    utility notice to the customer. The alternative gas
17    supplier shall disclose all of the following:
18            (A) that the gas utility shall send a notice
19        confirming the switch;
20            (B) that from the date the utility issues the
21        notice confirming the switch, the customer shall have
22        10 business days to rescind the switch without penalty;
23            (C) that the customer shall contact the gas utility
24        or the alternative gas supplier to rescind the switch;
25        and
26            (D) the contact information for the gas utility.

 

 

SB2084- 56 -LRB101 07402 JRG 52442 b

1        The alternative gas supplier disclosure shall be
2    included in its sales solicitations, contracts, and all
3    applicable sales verification scripts.
4    (h) An alternative gas supplier may limit the overall size
5or availability of a service offering by specifying one or more
6of the following:
7        (1) a maximum number of customers and maximum amount of
8    gas load to be served;
9        (2) time period during which the offering will be
10    available; or
11        (3) other comparable limitation, but not including the
12    geographic locations of customers within the area which the
13    alternative gas supplier is certificated to serve.
14    The alternative gas supplier shall file the terms and
15conditions of such service offering including the applicable
16limitations with the Commission prior to making the service
17offering available to customers.
18    (i) Nothing in this Section shall be construed as
19preventing an alternative gas supplier that is an affiliate of,
20or which contracts with, (i) an industry or trade organization
21or association, (ii) a membership organization or association
22that exists for a purpose other than the purchase of gas, or
23(iii) another organization that meets criteria established in a
24rule adopted by the Commission from offering through the
25organization or association services at prices, terms and
26conditions that are available solely to the members of the

 

 

SB2084- 57 -LRB101 07402 JRG 52442 b

1organization or association.
2    (j) The Commission shall ensure alternative gas suppliers
3have proper training in place to prohibit impersonation of a
4utility. The Commission shall investigate complaints of any
5company or its agents impersonating a utility. A company
6contracting with or that employs a sales agent found to be
7impersonating a utility shall be fined $5,000 for each
8incident.
9    As used in this subsection:
10    "Impersonation" means wearing apparel or carrying items
11using the utility name or logo with the intent of misleading
12the customer into believing the agent is acting on behalf of or
13working for the utility.
14    "Company" includes an alternative gas supplier and any
15agent, broker, consultant, or other entity hired to sell
16natural gas services.
17(Source: P.A. 95-1051, eff. 4-10-09.)
 
18    (220 ILCS 5/19-135)
19    Sec. 19-135. Single billing.
20    (a) It is the intent of the General Assembly that in any
21service area where customers are able to choose their natural
22gas supplier, a single billing option shall be offered to
23customers for both the services provided by the alternative gas
24supplier and the delivery services provided by the gas utility.
25A gas utility shall file a tariff pursuant to Article IX of

 

 

SB2084- 58 -LRB101 07402 JRG 52442 b

1this Act that allows alternative gas suppliers to issue single
2bills to residential and small commercial customers for both
3the services provided by the alternative gas supplier and the
4delivery services provided by the gas utility to customers;
5provided that if a form of single billing is being offered in a
6gas utility's service area on the effective date of this
7amendatory Act of the 92nd General Assembly, that form of
8single billing shall remain in effect unless and until
9otherwise ordered by the Commission. Every alternative gas
10supplier that issues a single bill for delivery and supply
11shall include on the single bill issued to a residential
12customer the current utility supply charge that would apply to
13the customer for the billing period if the customer obtained
14supply from the utility, including all fixed or monthly supply
15charges and other charges, credits, or rates that are part of
16the gas supply price.
17    (b) Every gas utility that offers supply choice and
18provides delivery and alternative gas supply service on a
19single bill to its residential customers shall include on the
20bill of each residential customer who purchases supply services
21from an alternative gas supplier the gas utility's total supply
22charge for the billing period that would apply to the customer
23for the billing period if the customer obtained supply from the
24utility, including all fixed or monthly supply charges and
25other charges, credits, or rates that are part of the gas
26supply price.

 

 

SB2084- 59 -LRB101 07402 JRG 52442 b

1(Source: P.A. 92-852, eff. 8-26-02.)
 
2    (220 ILCS 5/20-110)
3    Sec. 20-110. Office of Retail Market Development. Within 90
4days after the effective date of this amendatory Act of the
594th General Assembly, subject to appropriation, the
6Commission shall establish an Office of Retail Market
7Development and employ on its staff a Director of Retail Market
8Development to oversee the Office. The Director shall have
9authority to employ or otherwise retain at least 2
10professionals dedicated to the task of actively seeking out
11ways to promote retail competition in Illinois to benefit all
12Illinois consumers.
13    The Office shall actively seek input from all interested
14parties and shall develop a thorough understanding and critical
15analyses of the tools and techniques used to promote retail
16competition in other states.
17    The Office shall monitor existing competitive conditions
18in Illinois, identify barriers to retail competition for all
19customer classes, and actively explore and propose to the
20Commission and to the General Assembly solutions to overcome
21identified barriers. The Director may include municipal
22aggregation of customers and creating and designing customer
23choice programs as tools for retail market development.
24Solutions proposed by the Office to promote retail competition
25must also promote safe, reliable, and affordable electric

 

 

SB2084- 60 -LRB101 07402 JRG 52442 b

1service.
2    On or before June 30 of each year, the Director shall
3submit a report to the Commission, the General Assembly, and
4the Governor, that details specific accomplishments achieved
5by the Office in the prior 12 months in promoting retail
6electric competition and that suggests administrative and
7legislative action necessary to promote further improvements
8in retail electric competition. The report to the General
9Assembly shall be filed with the Clerk of the House of
10Representatives and the Secretary of the Senate in electronic
11form only, in the manner that the Clerk and the Secretary shall
12direct. Any information in this report involving price
13comparisons between electric utilities, electric utilities
14providing service outside their service territories, or
15alternative retail electric suppliers shall also include the
16combined value of additional products and services offered by
17the competitive retail electric market, including, but not
18limited to, the cash value of energy control technologies
19provided, the megawatt hours of energy savings realized by
20customers utilizing energy control technologies, the megawatt
21hours of renewable energy exclusive of State mandated
22purchases, and the total amounts of cash or cash equivalent
23offers. The Commission may include other energy savings and
24marketing savings programs as they develop in the market. The
25Commission is authorized to establish through administrative
26rules standards, practices, forms, procedures, and policies

 

 

SB2084- 61 -LRB101 07402 JRG 52442 b

1governing the reporting of alternative retail electric
2suppliers of such products, services, energy savings,
3renewable energy, and value of cash equivalent offers.
4(Source: P.A. 94-1095, eff. 2-2-07.)
 
5    (220 ILCS 5/20-140 new)
6    Sec. 20-140. Expanded use of energy savings programs.
7    (a) The Commission may establish a program for promoting
8expanded use of energy savings programs for residential and
9small commercial customers. The program shall include the use
10of thermostats, lights, plugs, and other devices that allow a
11customer to control and reduce his or her energy usage. The
12program shall not discriminate based on brand names and shall
13include ways to promote those devices and incentives for
14residential customers, including both homeowners and renters.
15Nothing in this Section is intended to modify the rights or
16obligations set forth in Sections 8-103B and 8-104 of this Act
17or divert or reallocate the funding available under those
18Sections.
19    (b) On or before September 1, 2019 and every 2 years
20thereafter, the Commission shall initiate a collaborative
21workshop for stakeholders, retail electric suppliers,
22advocates for energy savings, and industry representatives
23developing energy savings devices and applicants.
24    (c) Any recommendations arising from the workshop process
25under this Section shall be included in the annual report of

 

 

SB2084- 62 -LRB101 07402 JRG 52442 b

1the Office of Retail Market Development.
 
2    Section 10. The Citizens Utility Board Act is amended by
3changing Section 5 as follows:
 
4    (220 ILCS 10/5)  (from Ch. 111 2/3, par. 905)
5    Sec. 5. Powers and duties.
6    (1) The corporation shall:
7        (a) Represent and protect the interests of the
8    residential utility consumers of this State. All actions by
9    the corporation under this Act shall be directed toward
10    such duty; provided that the corporation may also give due
11    consideration to the interests of business in the State.
12        (b) Inform, in so far as possible, all utility
13    consumers about the corporation, including the procedure
14    for obtaining membership in the corporation.
15    (2) The corporation shall have all the powers necessary or
16convenient for the effective representation and protection of
17the interest of utility consumers and to implement this Act,
18including the following powers in addition to all other powers
19granted by this Act.
20        (a) To make, amend and repeal bylaws and rules for the
21    regulation of its affairs and the conduct of its business;
22    to adopt an official seal and alter it at pleasure; to
23    maintain an office; to sue and be sued in its own name,
24    plead and be impleaded; and to make and execute contracts

 

 

SB2084- 63 -LRB101 07402 JRG 52442 b

1    and other instruments necessary or convenient to the
2    exercise of the powers of the corporation.
3        (b) To employ such agents, employees and special
4    advisors as it finds necessary and to fix their
5    compensation.
6        (c) To solicit and accept gifts, loans, including loans
7    made by the Illinois Commerce Commission from funds
8    appropriated for that purpose by law, or other aid in order
9    to support activities concerning the interests of utility
10    consumers. Except as provided in Section 5.1, the
11    corporation may not accept gifts, loans or other aid from
12    any public utility or from any director, employee or agent
13    or member of the immediate family of a director, employee
14    or agent of any public utility and, after the first
15    election the corporation, may not accept from any
16    individual, private corporation, association or
17    partnership in any single year a total of more than $1,000
18    in gifts. Under this paragraph, "aid" does not mean payment
19    of membership dues.
20        (d) To intervene as a party or otherwise participate on
21    behalf of utility consumers in any proceeding which affects
22    the interest of utility consumers.
23        (e) To represent the interests of utility consumers
24    before the Illinois Commerce Commission, the Federal
25    Energy Regulatory Commission, the Federal Communications
26    Commission, the courts, and other public bodies, except

 

 

SB2084- 64 -LRB101 07402 JRG 52442 b

1    that no director, employee or agent of the corporation may
2    engage in lobbying without first complying with any
3    applicable statute, administrative rule or other
4    regulation relating to lobbying.
5        (f) To establish annual dues which shall be set at a
6    level that provides sufficient funding for the corporation
7    to effectively perform its powers and duties, and is
8    affordable for as many utility consumers as is possible.
9        (g) To implement solicitation for corporation funding
10    and membership.
11        (h) To seek tax exempt status under State and federal
12    law, including 501(c)(3) status under the United States
13    Internal Revenue Code.
14        (i) To provide information and advice to utility
15    consumers on any matter with respect to utility service,
16    including but not limited to information and advice on
17    benefits and methods of energy conservation.
18    (3) The powers, duties, rights and privileges conferred or
19imposed upon the corporation by this Act may not be
20transferred.
21    (4) The corporation shall refrain from interfering with
22collective bargaining rights of any employees of a public
23utility.
24    (5) The corporation shall provide all consumer complaints
25regarding service by entities possessing a certificate of
26service authority as an alternative retail electric supplier

 

 

SB2084- 65 -LRB101 07402 JRG 52442 b

1under Section 16-115 of the Public Utilities Act and entities
2possessing certificates of service authority as an alternative
3gas supplier under Section 19-110 of the Public Utilities Act
4to the Consumer Services Division of the Illinois Commerce
5Commission.
6    For purposes of this subsection (5), "complaint" means an
7objection made to an alternative retail electric supplier or to
8an alternative gas supplier by a customer or another entity as
9to its charges, facilities, or service, the disposal of which
10requires investigation or analysis. "Complaint" includes a
11customer or other entity identifying and asking an alternative
12retail electric supplier or alternative gas supplier to address
13or resolve a problem or concern. "Complaint" does not include
14contact that is limited to inquiry or seeking information.
15(Source: P.A. 91-50, eff. 6-30-99.)
 
16    Section 15. The Consumer Fraud and Deceptive Business
17Practices Act is amended by changing Section 2EE as follows:
 
18    (815 ILCS 505/2EE)
19    Sec. 2EE. Electric service provider selection. An electric
20service provider shall not submit or execute a change in a
21subscriber's selection of a provider of electric service unless
22and until (i) the provider first discloses all material terms
23and conditions of the offer to the subscriber; (ii) the
24provider has obtained the subscriber's express agreement to

 

 

SB2084- 66 -LRB101 07402 JRG 52442 b

1accept the offer after the disclosure of all material terms and
2conditions of the offer; and (iii) the provider has confirmed
3the request for a change in accordance with one of the
4following procedures:
5    (a) The new electric service provider has obtained the
6subscriber's written or electronically signed authorization in
7a form that meets the following requirements:
8        (1) An electric service provider shall obtain any
9    necessary written or electronically signed authorization
10    from a subscriber for a change in electric service by using
11    a letter of agency as specified in this Section. Any letter
12    of agency that does not conform with this Section is
13    invalid.
14        (2) The letter of agency shall be a separate document
15    (an easily separable document containing only the
16    authorization language described in subparagraph (a)(5) of
17    this Section) whose sole purpose is to authorize an
18    electric service provider change. The letter of agency must
19    be signed and dated by the subscriber requesting the
20    electric service provider change.
21        (3) The letter of agency shall not be combined with
22    inducements of any kind on the same document.
23        (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
24    this Section, the letter of agency may be combined with
25    checks that contain only the required letter of agency
26    language prescribed in subparagraph (a)(5) of this Section

 

 

SB2084- 67 -LRB101 07402 JRG 52442 b

1    and the necessary information to make the check a
2    negotiable instrument. The letter of agency check shall not
3    contain any promotional language or material. The letter of
4    agency check shall contain in easily readable, bold-face
5    type on the face of the check, a notice that the consumer
6    is authorizing an electric service provider change by
7    signing the check. The letter of agency language also shall
8    be placed near the signature line on the back of the check.
9        (5) At a minimum, the letter of agency must be printed
10    with a print of sufficient size to be clearly legible, and
11    must contain clear and unambiguous language that confirms:
12            (i) The subscriber's billing name and address;
13            (ii) The decision to change the electric service
14        provider from the current provider to the prospective
15        provider;
16            (iii) The terms, conditions, and nature of the
17        service to be provided to the subscriber must be
18        clearly and conspicuously disclosed, in writing, and
19        an electric service provider must directly establish
20        the rates for the service contracted for by the
21        subscriber; and
22            (iv) That the subscriber understand that any
23        electric service provider selection the subscriber
24        chooses may involve a charge to the subscriber for
25        changing the subscriber's electric service provider.
26        (6) Letters of agency shall not suggest or require that

 

 

SB2084- 68 -LRB101 07402 JRG 52442 b

1    a subscriber take some action in order to retain the
2    subscriber's current electric service provider.
3        (7) If any portion of a letter of agency is translated
4    into another language, then all portions of the letter of
5    agency must be translated into that language.
6    (b) An appropriately qualified independent third party has
7obtained, in accordance with the procedures set forth in this
8subsection (b), the subscriber's oral authorization to change
9electric suppliers that confirms and includes appropriate
10verification data. The independent third party (i) must not be
11owned, managed, controlled, or directed by the supplier or the
12supplier's marketing agent; (ii) must not have any financial
13incentive to confirm supplier change requests for the supplier
14or the supplier's marketing agent; and (iii) must operate in a
15location physically separate from the supplier or the
16supplier's marketing agent.
17    Automated third-party verification systems and 3-way
18conference calls may be used for verification purposes so long
19as the other requirements of this subsection (b) are satisfied.
20    A supplier or supplier's sales representative initiating a
213-way conference call or a call through an automated
22verification system must drop off the call once the 3-way
23connection has been established.
24    All third-party verification methods shall elicit, at a
25minimum, the following information: (i) the identity of the
26subscriber; (ii) confirmation that the person on the call is

 

 

SB2084- 69 -LRB101 07402 JRG 52442 b

1authorized to make the supplier change; (iii) confirmation that
2the person on the call wants to make the supplier change; (iv)
3the names of the suppliers affected by the change; (v) the
4service address of the supply to be switched; and (vi) the
5price of the service to be supplied and the material terms and
6conditions of the service being offered, including whether any
7early termination fees apply. Third-party verifiers may not
8market the supplier's services by providing additional
9information, including information regarding procedures to
10block or otherwise freeze an account against further changes.
11    All third-party verifications shall be conducted in the
12same language that was used in the underlying sales transaction
13and shall be recorded in their entirety. Submitting suppliers
14shall maintain and preserve audio records or electronic
15versions, if automated, of verification of subscriber
16authorization for a minimum period of 2 years after obtaining
17the verification. Automated systems must provide consumers
18with an option to speak with a live person at any time during
19the call.
20    (c) When a subscriber initiates the call to the prospective
21electric supplier, in order to enroll the subscriber as a
22customer, the prospective electric supplier must, with the
23consent of the customer, make a date-stamped, time-stamped
24audio recording that elicits, at a minimum, the following
25information:
26        (1) the identity of the subscriber;

 

 

SB2084- 70 -LRB101 07402 JRG 52442 b

1        (2) confirmation that the person on the call is
2    authorized to make the supplier change;
3        (3) confirmation that the person on the call wants to
4    make the supplier change;
5        (4) the names of the suppliers affected by the change;
6        (5) the service address of the supply to be switched;
7    and
8        (6) the price of the service to be supplied and the
9    material terms and conditions of the service being offered,
10    including whether any early termination fees apply.
11    Submitting suppliers shall maintain and preserve the audio
12records containing the information set forth above for a
13minimum period of 2 years.
14    (d) Complaints may be filed with the Illinois Commerce
15Commission under this Section by a subscriber whose electric
16service has been provided by an electric service supplier in a
17manner not in compliance with this Section. If, after notice
18and hearing, the Commission finds that an electric service
19provider has violated this Section, the Commission may in its
20discretion do any one or more of the following:
21        (1) Require the violating electric service provider to
22    refund to the subscriber charges collected in excess of
23    those that would have been charged by the subscriber's
24    authorized electric service provider.
25        (2) Require the violating electric service provider to
26    pay to the subscriber's authorized electric supplier the

 

 

SB2084- 71 -LRB101 07402 JRG 52442 b

1    amount the authorized electric supplier would have
2    collected for the electric service. The Commission is
3    authorized to reduce this payment by any amount already
4    paid by the violating electric supplier to the subscriber's
5    authorized provider for electric service.
6        (3) Require the violating electric subscriber to pay a
7    fine of up to $1,000 into the Public Utility Fund for each
8    repeated and intentional violation of this Section.
9        (4) Issue a cease and desist order.
10        (5) For a pattern of violation of this Section or for
11    intentionally violating a cease and desist order, revoke
12    the violating provider's certificate of service authority.
13    (e) For purposes of this Section, "electric service
14provider" shall have the meaning given that phrase in Section
156.5 of the Attorney General Act.
16(Source: P.A. 95-700, eff. 11-9-07.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.

 

 

SB2084- 72 -LRB101 07402 JRG 52442 b

1 INDEX
2 Statutes amended in order of appearance
3    220 ILCS 5/16-115
4    220 ILCS 5/16-115A
5    220 ILCS 5/16-115B
6    220 ILCS 5/16-118
7    220 ILCS 5/16-119
8    220 ILCS 5/19-115
9    220 ILCS 5/19-135
10    220 ILCS 5/20-110
11    220 ILCS 5/20-140 new
12    220 ILCS 10/5from Ch. 111 2/3, par. 905
13    815 ILCS 505/2EE