Illinois General Assembly - Full Text of HB3038
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Full Text of HB3038  97th General Assembly




HB3038 EnrolledLRB097 09324 ASK 49459 b

1    AN ACT concerning public utilities.
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
5Section 16-103 as follows:
6    (220 ILCS 5/16-103)
7    Sec. 16-103. Service obligations of electric utilities.
8    (a) An electric utility shall continue offering to retail
9customers each tariffed service that it offered as a distinct
10and identifiable service on the effective date of this
11amendatory Act of 1997 until the service is (i) declared
12competitive pursuant to Section 16-113, or (ii) abandoned
13pursuant to Section 8-508. Nothing in this subsection shall be
14construed as limiting an electric utility's right to propose,
15or the Commission's power to approve, allow or order
16modifications in the rates, terms and conditions for such
17services pursuant to Article IX or Section 16-111 of this Act.
18    (b) An electric utility shall also offer, as tariffed
19services, delivery services in accordance with this Article,
20the power purchase options described in Section 16-110 and
21real-time pricing as provided in Section 16-107.
22    (c) Notwithstanding any other provision of this Article,
23each electric utility shall continue offering to all



HB3038 Enrolled- 2 -LRB097 09324 ASK 49459 b

1residential customers and to all small commercial retail
2customers in its service area, as a tariffed service, bundled
3electric power and energy delivered to the customer's premises
4consistent with the bundled utility service provided by the
5electric utility on the effective date of this amendatory Act
6of 1997. Upon declaration of the provision of electric power
7and energy as competitive, the electric utility shall continue
8to offer to such customers, as a tariffed service, bundled
9service options at rates which reflect recovery of all cost
10components for providing the service. For those components of
11the service which have been declared competitive, cost shall be
12the market based prices. Market based prices as referred to
13herein shall mean, for electric power and energy, either (i)
14those prices for electric power and energy determined as
15provided in Section 16-112, or (ii) the electric utility's cost
16of obtaining the electric power and energy at wholesale through
17a competitive bidding or other arms-length acquisition
19    (d) Any residential or small commercial retail customer
20which elects delivery services is entitled to return to the
21electric utility's bundled utility tariffed service offering
22provided in accordance with subsection (c) of this Section upon
23payment of a reasonable administrative fee which shall be set
24forth in the tariff. If the residential or small commercial
25customer has not elected delivery services within 2 billing
26cycles after returning to the electric utility's bundled



HB3038 Enrolled- 3 -LRB097 09324 ASK 49459 b

1utility tariffed service offering, then the electric utility
2shall be entitled to impose the condition that such customer
3may not elect delivery services for up to 12 months after the
4date on which the customer returned to bundled utility tariffed
5service, provided, however, that the customer shall not be
6permitted to return to the same alternative retail electric
7supplier within 2 billing cycles after the customer returned to
8bundled utility tariffed service other than in situations where
9the return was in error, inadvertent, or the result of any
10other unintended operational consequence , provided, however,
11that the electric utility shall be entitled to impose the
12condition that such customer may not elect delivery services
13for up to 24 months thereafter.
14    (e) The Commission shall not require an electric utility to
15offer any tariffed service other than the services required by
16this Section, and shall not require an electric utility to
17offer any competitive service.
18(Source: P.A. 90-561, eff. 12-16-97.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.