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


Sen. Michael W. Frerichs

Filed: 4/4/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 105 by replacing
3everything after the enacting clause with the following:
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.



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1Market Settlement Service shall apply to the difference between
2(i) the actual quantities of electric power and energy supply
3provided to any such retail customer during a given period and
4(ii) the quantities of such supply that were deemed to have
5been provided to such retail customer for the purposes of the
6applicable regional transmission organization's final
7wholesale market settlements during that same period. An
8electric utility providing Market Settlement Service may also,
9at its election, include in Market Settlement Service electric
10capacity, transmission services, or other services that are
11also provided by or through a regional transmission
12organization to retail customers who receive tariffed electric
13power and energy supply service with hourly pricing provisions
14at quantities assigned to such retail customer pursuant to the
15electric utility's Market Settlement Service tariff. Charges
16(if the actual quantities provided were greater) or credits (if
17the actual quantities provided were less) shall be calculated
18based on the same unit rate or rates set forth in the electric
19utility's tariff or tariffs for electric power and energy
20supply service with hourly pricing provisions applicable to its
21retail customers having maximum demands exceeding 400
22kilowatts, provided, however, that any reconciliation
23provision set forth in such tariff or tariffs, including any
24charges or credits resulting therefrom, shall not apply to
25Market Settlement Service.
26    An electric utility providing Market Settlement Service



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1shall be permitted to recover all of its reasonable and
2prudently incurred administrative and operational costs of
3providing this service from all of its retail customers through
4its delivery services charges.
5    (b) Market Settlement Service shall be provided pursuant to
6a tariff of the electric utility on file with the Commission.
7The electric utility's Market Settlement Service tariff shall
8include provisions for the determination of the quantities
9subject to Market Settlement Service for any retail customer
10that receives only a portion of its electric power and energy
11requirements from an alternative retail electric supplier or
12electric utility operating outside of its service territory.
13Notwithstanding subsection (a) of this Section, the electric
14utility may elect to (i) exclude from Market Settlement Service
15any portion of the difference described in subsection (a) of
16this Section attributable to a delayed initial retail electric
17service bill for a given period and (ii) provide Market
18Settlement Service limited to an entire retail billing period
19or periods, without proration, notwithstanding that the
20applicable regional transmission organization's final
21wholesale market settlements may have occurred on a date within
22a retail billing period.
23    (c) An electric utility that has a tariff in effect
24pursuant to this Section shall not be subject to, or allowed to
25pursue, any other claims, adjustments, settlements, or offsets
26related to the cost of any difference in the actual quantities



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



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1tariff does become effective, such tariff shall remain in
2effect thereafter at the discretion of the electric utility.
3    (e) Notwithstanding anything in the Act to the contrary, an
4electric utility providing Market Settlement Service shall not
5be liable to any retail customer, alternative retail electric
6supplier, or electric utility operating outside of its service
7territory for any adjustment in the quantity of any
8transmission or retail electric supply service for which the
9applicable regional transmission organization under its
10tariffs, agreements, and market and business rules will no
11longer make a corresponding adjustment to the wholesale market