Illinois General Assembly - Full Text of SB0105
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Full Text of SB0105  98th General Assembly



SB0105 EnrolledLRB098 06908 MGM 36965 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 adding
5Section 16-103.2 as follows:
6    (220 ILCS 5/16-103.2 new)
7    Sec. 16-103.2. Market Settlement Service.
8    (a) Notwithstanding anything to the contrary, an electric
9utility shall be permitted, at its election, to provide Market
10Settlement Service, which, for purposes of this Section, shall
11mean a tariffed, unbundled electric power and energy supply
12service applicable to all of the electric utility's retail
13customers having maximum demands exceeding 400 kilowatts, as
14measured in accordance with the electric utility's retail
15tariffs, that do not otherwise purchase all of their electric
16power and energy supply service from the electric utility.
17Market Settlement Service shall apply to the difference between
18(i) the actual quantities of electric power and energy supply
19provided to any such retail customer during a given period and
20(ii) the quantities of such supply that were deemed to have
21been provided to such retail customer for the purposes of the
22applicable regional transmission organization's final
23wholesale market settlements during that same period. An



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1electric utility providing Market Settlement Service may also,
2at its election, include in Market Settlement Service electric
3capacity, transmission services, or other services that are
4also provided by or through a regional transmission
5organization to retail customers who receive tariffed electric
6power and energy supply service with hourly pricing provisions
7at quantities assigned to such retail customer pursuant to the
8electric utility's Market Settlement Service tariff. Charges
9(if the actual quantities provided were greater) or credits (if
10the actual quantities provided were less) shall be calculated
11based on the same unit rate or rates set forth in the electric
12utility's tariff or tariffs for electric power and energy
13supply service with hourly pricing provisions applicable to its
14retail customers having maximum demands exceeding 400
15kilowatts, provided, however, that any reconciliation
16provision set forth in such tariff or tariffs, including any
17charges or credits resulting therefrom, shall not apply to
18Market Settlement Service.
19    An electric utility providing Market Settlement Service
20shall be permitted to recover all of its reasonable and
21prudently incurred administrative and operational costs of
22providing this service from all of its retail customers through
23its delivery services charges. An electric utility providing
24Market Settlement Service shall be permitted to recover its
25reasonable and prudent initial implementation and start-up
26costs from retail consumers having maximum demands exceeding



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1400 kilowatts through its delivery service charges.
2    (b) Market Settlement Service shall be provided pursuant to
3a tariff of the electric utility on file with the Commission.
4The electric utility's Market Settlement Service tariff shall
5include provisions for the determination of the quantities
6subject to Market Settlement Service for any retail customer
7that receives only a portion of its electric power and energy
8requirements from an alternative retail electric supplier or
9electric utility operating outside of its service territory.
10Notwithstanding subsection (a) of this Section, the electric
11utility may elect to (i) exclude from Market Settlement Service
12any portion of the difference described in subsection (a) of
13this Section attributable to a delayed initial retail electric
14service bill for a given period and (ii) provide Market
15Settlement Service limited to an entire retail billing period
16or periods, without proration, notwithstanding that the
17applicable regional transmission organization's final
18wholesale market settlements may have occurred on a date within
19a retail billing period.
20    (c) An electric utility that has a tariff in effect
21pursuant to this Section shall not be subject to, or allowed to
22pursue, any other claims, adjustments, settlements, or offsets
23related to the cost of any difference in the actual quantities
24of electric energy, capacity, transmission services, or other
25services included in Market Settlement Service, provided,
26however, that the provisions of this subsection (c) shall not,



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1consistent with the provisions of this Act, (i) preclude any
2subsequent and separate adjustments made to the same retail
3customer's electric service account pursuant to a tariff
4authorized by this Section because of other differences,
5whether for the same or a different meter or for the same or
6different period or (ii) reduce or impair in any way an
7electric utility's authority to charge a retail customer for
8unmetered electric service related to the retail customer's
9unlawful tampering with or interference with electric service,
10including, but not limited to, any other charges allowed by law
11or the electric utility's tariffs.
12    (d) A tariff authorized by this Section may be established
13outside of either (i) a filing seeking a general change in
14rates under Article IX of this Act or (ii) a filing authorized
15under Section 16-108.5 of this Act. The Commission shall review
16and, by order, approve, or approve as modified, the proposed
17tariff within 180 days after the date on which it is filed. In
18the event the Commission approves such a tariff with
19modifications, the electric utility shall not be obligated to
20place the modified tariff into effect. In such event, the
21electric utility must, within 14 days after any Commission
22order, withdraw its proposed tariff and its election to provide
23Market Settlement Service. If a Market Settlement Service
24tariff does become effective, such tariff shall remain in
25effect thereafter at the discretion of the electric utility.
26    (e) Notwithstanding anything in this Act to the contrary,



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1an electric utility providing Market Settlement Service shall
2not be liable to any retail customer, alternative retail
3electric supplier, or electric utility operating outside of its
4service territory for any adjustment in the quantity of any
5transmission or retail electric supply service for which the
6applicable regional transmission organization under its
7tariffs, agreements, and market and business rules will no
8longer make a corresponding adjustment to the wholesale market