Illinois General Assembly - Full Text of HB3038
Illinois General Assembly

Previous General Assemblies

Full Text of HB3038  97th General Assembly


Rep. Thomas Holbrook

Filed: 3/15/2011





09700HB3038ham001LRB097 09324 ASK 52709 a


2    AMENDMENT NO. ______. Amend House Bill 3038 by replacing
3everything after the enacting clause with the following:
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



09700HB3038ham001- 2 -LRB097 09324 ASK 52709 a

1services pursuant to Article IX or Section 16-111 of this Act.
2    (b) An electric utility shall also offer, as tariffed
3services, delivery services in accordance with this Article,
4the power purchase options described in Section 16-110 and
5real-time pricing as provided in Section 16-107.
6    (c) Notwithstanding any other provision of this Article,
7each electric utility shall continue offering to all
8residential customers and to all small commercial retail
9customers in its service area, as a tariffed service, bundled
10electric power and energy delivered to the customer's premises
11consistent with the bundled utility service provided by the
12electric utility on the effective date of this amendatory Act
13of 1997. Upon declaration of the provision of electric power
14and energy as competitive, the electric utility shall continue
15to offer to such customers, as a tariffed service, bundled
16service options at rates which reflect recovery of all cost
17components for providing the service. For those components of
18the service which have been declared competitive, cost shall be
19the market based prices. Market based prices as referred to
20herein shall mean, for electric power and energy, either (i)
21those prices for electric power and energy determined as
22provided in Section 16-112, or (ii) the electric utility's cost
23of obtaining the electric power and energy at wholesale through
24a competitive bidding or other arms-length acquisition
26    (d) Any residential or small commercial retail customer



09700HB3038ham001- 3 -LRB097 09324 ASK 52709 a

1which elects delivery services is entitled to return to the
2electric utility's bundled utility tariffed service offering
3provided in accordance with subsection (c) of this Section upon
4payment of a reasonable administrative fee which shall be set
5forth in the tariff. If the residential or small commercial
6customer has not elected delivery services within 2 billing
7cycles after returning to the electric utility's bundled
8utility tariffed service offering, then the electric utility
9shall be entitled to impose the condition that such customer
10may not elect delivery services for up to 12 months after the
11date on which the customer returned to bundled utility tariffed
12service, provided, however, that the customer shall not be
13permitted to return to the same alternative retail electric
14supplier within 2 billing cycles after the customer returned to
15bundled utility tariffed service other than in situations where
16the return was in error, inadvertent, or the result of any
17other unintended operational consequence , provided, however,
18that the electric utility shall be entitled to impose the
19condition that such customer may not elect delivery services
20for up to 24 months thereafter.
21    (e) The Commission shall not require an electric utility to
22offer any tariffed service other than the services required by
23this Section, and shall not require an electric utility to
24offer any competitive service.
25(Source: P.A. 90-561, eff. 12-16-97.)



09700HB3038ham001- 4 -LRB097 09324 ASK 52709 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".