Full Text of HB4973 102nd General Assembly
HB4973sam001 102ND GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 3/25/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4973
| 2 | | AMENDMENT NO. ______. Amend House Bill 4973 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by | 5 | | changing Sections 16-115, 16-115B, 16-115C, 19-110, and 19-120 | 6 | | as follows:
| 7 | | (220 ILCS 5/16-115)
| 8 | | Sec. 16-115. Certification of alternative retail
electric | 9 | | suppliers. | 10 | | (a) Any alternative retail electric supplier must obtain
a | 11 | | certificate of service authority from the Commission in
| 12 | | accordance with this Section before serving any retail
| 13 | | customer or other user located in this State. An alternative
| 14 | | retail electric supplier may request, and the Commission may
| 15 | | grant, a certificate of service authority for the entire State
| 16 | | or for a specified geographic area of the State. A certificate |
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| 1 | | granted pursuant to this Section is not property, and the | 2 | | grant of a certificate to an entity does not create a property | 3 | | interest in the certificate. This Section does not diminish | 4 | | the existing rights of a certificate holder to notice and | 5 | | hearing as proscribed by the Illinois Administrative Procedure | 6 | | Act and in rules adopted by the Commission.
| 7 | | (b) An alternative retail electric supplier seeking a
| 8 | | certificate of service authority shall file with the
| 9 | | Commission a verified application containing information
| 10 | | showing that the applicant meets the requirements of this
| 11 | | Section. The alternative retail electric supplier shall
| 12 | | publish notice of its application in the official State
| 13 | | newspaper within 10 days following the date of its filing. No
| 14 | | later than 45 days after a complete the application is | 15 | | properly filed
with the Commission, and such notice is | 16 | | published, the
Commission shall issue its order granting or | 17 | | denying the
application.
| 18 | | (c) An application for a certificate of service
authority | 19 | | shall identify the area or areas in which the
applicant | 20 | | intends to offer service and the types of services
it intends | 21 | | to offer. Applicants that seek to serve
residential or small | 22 | | commercial retail customers within a
geographic area that is | 23 | | smaller than an electric utility's
service area shall submit | 24 | | evidence demonstrating that the
designation of this smaller | 25 | | area does not violate Section 16-115A. An applicant
that seeks | 26 | | to serve residential or small
commercial retail customers may |
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| 1 | | state in its application for
certification any limitations | 2 | | that will be imposed on the
number of customers or maximum load | 3 | | to be served.
| 4 | | (d) The Commission shall grant the application for a
| 5 | | certificate of service authority if it makes the findings set
| 6 | | forth in this subsection
based on the verified
application and | 7 | | such other information as the applicant may
submit:
| 8 | | (1) That the applicant possesses sufficient
technical, | 9 | | financial , and managerial resources and
abilities to | 10 | | provide the service for which it seeks a
certificate of | 11 | | service authority. In determining the
level of technical, | 12 | | financial , and managerial resources
and abilities which | 13 | | the applicant must demonstrate, the
Commission shall | 14 | | consider (i) the characteristics,
including the size and | 15 | | financial sophistication, of the
customers that the | 16 | | applicant seeks to serve, and (ii)
whether the applicant | 17 | | seeks to provide electric power and
energy using property, | 18 | | plant , and equipment which it owns,
controls , or operates;
| 19 | | (2) That the applicant will comply with all
applicable | 20 | | federal, State, regional , and industry rules,
policies, | 21 | | practices , and procedures for the use,
operation, and | 22 | | maintenance of the safety, integrity , and
reliability, of | 23 | | the interconnected electric transmission
system;
| 24 | | (3) That the applicant will only provide service to
| 25 | | retail customers in an electric utility's service area
| 26 | | that are eligible to take delivery services under this
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| 1 | | Act;
| 2 | | (4) That the applicant will comply with such
| 3 | | informational or reporting requirements as the Commission
| 4 | | may by rule establish and provide the information required | 5 | | by Section 16-112.
Any data related to
contracts for the | 6 | | purchase and sale of electric power and
energy shall be | 7 | | made available for review by the Staff of
the Commission | 8 | | on a confidential and proprietary basis
and only to the | 9 | | extent and for the purposes which the
Commission | 10 | | determines are reasonably necessary in order
to carry out | 11 | | the purposes of this Act;
| 12 | | (5) That the applicant will procure renewable energy | 13 | | resources in accordance with Section 16-115D of this Act, | 14 | | and will source electricity from clean coal facilities, as | 15 | | defined in Section 1-10 of the Illinois Power Agency Act, | 16 | | in amounts at least equal to the percentages set forth in | 17 | | subsections (c) and (d) of Section 1-75 of the Illinois | 18 | | Power Agency Act. For purposes of this Section:
| 19 | | (i) (blank); | 20 | | (ii) (blank); | 21 | | (iii) the required sourcing of electricity | 22 | | generated by clean coal facilities, other than the | 23 | | initial clean coal facility, shall be limited to the | 24 | | amount of electricity that can be procured or sourced | 25 | | at a price at or below the benchmarks approved by the | 26 | | Commission each year in accordance with item (1) of |
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| 1 | | subsection (c) and items (1) and (5) of subsection (d) | 2 | | of Section 1-75 of the Illinois Power Agency Act; | 3 | | (iv) all alternative retail electric suppliers | 4 | | shall execute a sourcing agreement to source | 5 | | electricity from the initial clean coal facility, on | 6 | | the terms set forth in paragraphs (3) and (4) of | 7 | | subsection (d) of Section 1-75 of the Illinois Power | 8 | | Agency Act, except that in lieu of the requirements in | 9 | | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | 10 | | paragraph (3) of that subsection (d), the applicant | 11 | | shall execute one or more of the following: | 12 | | (1) if the sourcing agreement is a power | 13 | | purchase agreement, a contract with the initial | 14 | | clean coal facility to purchase in each hour an | 15 | | amount of electricity equal to all clean coal | 16 | | energy made available from the initial clean coal | 17 | | facility during such hour, which the utilities are | 18 | | not required to procure under the terms of | 19 | | subsection (d) of Section 1-75 of the Illinois | 20 | | Power Agency Act, multiplied by a fraction, the | 21 | | numerator of which is the alternative retail | 22 | | electric supplier's retail market sales of | 23 | | electricity (expressed in kilowatthours sold) in | 24 | | the State during the prior calendar month and the | 25 | | denominator of which is the total sales of | 26 | | electricity (expressed in kilowatthours sold) in |
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| 1 | | the State by alternative retail electric suppliers | 2 | | during such prior month that are subject to the | 3 | | requirements of this paragraph (5) of subsection | 4 | | (d) of this Section and subsection (d) of Section | 5 | | 1-75 of the Illinois Power Agency Act plus the | 6 | | total sales of electricity (expressed in | 7 | | kilowatthours sold) by utilities outside of their | 8 | | service areas during such prior month, pursuant to | 9 | | subsection (c) of Section 16-116 of this Act; or | 10 | | (2) if the sourcing agreement is a contract | 11 | | for differences, a contract with the initial clean | 12 | | coal facility in each hour with respect to an | 13 | | amount of electricity equal to all clean coal | 14 | | energy made available from the initial clean coal | 15 | | facility during such hour, which the utilities are | 16 | | not required to procure under the terms of | 17 | | subsection (d) of Section 1-75 of the Illinois | 18 | | Power Agency Act, multiplied by a fraction, the | 19 | | numerator of which is the alternative retail | 20 | | electric supplier's retail market sales of | 21 | | electricity (expressed in kilowatthours sold) in | 22 | | the State during the prior calendar month and the | 23 | | denominator of which is the total sales of | 24 | | electricity (expressed in kilowatthours sold) in | 25 | | the State by alternative retail electric suppliers | 26 | | during such prior month that are subject to the |
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| 1 | | requirements of this paragraph (5) of subsection | 2 | | (d) of this Section and subsection (d) of Section | 3 | | 1-75 of the Illinois Power Agency Act plus the | 4 | | total sales of electricity (expressed in | 5 | | kilowatthours sold) by utilities outside of their | 6 | | service areas during such prior month, pursuant to | 7 | | subsection (c) of Section 16-116 of this Act; | 8 | | (v) if, in any year after the first year of | 9 | | commercial operation, the owner of the clean coal | 10 | | facility fails to demonstrate to the Commission that | 11 | | the initial clean coal facility captured and | 12 | | sequestered at least 50% of the total carbon emissions | 13 | | that the facility would otherwise emit or that | 14 | | sequestration of emissions from prior years has | 15 | | failed, resulting in the release of carbon into the | 16 | | atmosphere, the owner of the facility must offset | 17 | | excess emissions. Any such carbon offsets must be | 18 | | permanent, additional, verifiable, real, located | 19 | | within the State of Illinois, and legally and | 20 | | practicably enforceable. The costs of any such offsets | 21 | | that are not recoverable shall not exceed $15,000,000 | 22 | | $15 million in any given year. No costs of any such | 23 | | purchases of carbon offsets may be recovered from an | 24 | | alternative retail electric supplier or its customers. | 25 | | All carbon offsets purchased for this purpose and any | 26 | | carbon emission credits associated with sequestration |
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| 1 | | of carbon from the facility must be permanently | 2 | | retired. The initial clean coal facility shall not | 3 | | forfeit its designation as a clean coal facility if | 4 | | the facility fails to fully comply with the applicable | 5 | | carbon sequestration requirements in any given year, | 6 | | provided the requisite offsets are purchased. However, | 7 | | the Attorney General, on behalf of the People of the | 8 | | State of Illinois, may specifically enforce the | 9 | | facility's sequestration requirement and the other | 10 | | terms of this contract provision. Compliance with the | 11 | | sequestration requirements and offset purchase | 12 | | requirements that apply to the initial clean coal | 13 | | facility shall be reviewed annually by an independent | 14 | | expert retained by the owner of the initial clean coal | 15 | | facility, with the advance written approval of the | 16 | | Attorney General; | 17 | | (vi) The Commission shall, after notice and | 18 | | hearing, revoke the certification of any alternative | 19 | | retail electric supplier that fails to execute a | 20 | | sourcing agreement with the initial clean coal | 21 | | facility as required by item (5) of subsection (d) of | 22 | | this Section. The sourcing agreements with this | 23 | | initial clean coal facility shall be subject to both | 24 | | approval of the initial clean coal facility by the | 25 | | General Assembly and satisfaction of the requirements | 26 | | of item (4) of subsection (d) of Section 1-75 of the |
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| 1 | | Illinois Power Agency Act, and shall be executed | 2 | | within 90 days after any such approval by the General | 3 | | Assembly. The Commission shall not accept an | 4 | | application for certification from an alternative | 5 | | retail electric supplier that has lost certification | 6 | | under this subsection (d), or any corporate affiliate | 7 | | thereof, for at least one year from the date of | 8 | | revocation; | 9 | | (6) With respect to an applicant that seeks to serve
| 10 | | residential or small commercial retail customers, that
the | 11 | | area to be served by the applicant and any
limitations it | 12 | | proposes on the number of customers or
maximum amount of | 13 | | load to be served meet the provisions
of Section 16-115A, | 14 | | provided, that the Commission can
extend the time for | 15 | | considering such a certificate
request by up to 90 days, | 16 | | and can schedule hearings on
such a request;
| 17 | | (7) That the applicant meets the requirements of | 18 | | subsection (a) of Section
16-128;
| 19 | | (8) That the applicant discloses whether the applicant | 20 | | is the subject of any lawsuit filed in a court of law or | 21 | | formal complaint filed with a regulatory agency alleging | 22 | | fraud, deception, or unfair marketing practices or other | 23 | | similar allegations and, if the applicant is the subject | 24 | | of such lawsuit or formal complaint, the applicant shall | 25 | | identify the name, case number, and jurisdiction of each | 26 | | lawsuit or complaint , and that the applicant is capable of |
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| 1 | | fulfilling its obligations as an alternative retail | 2 | | electric supplier in Illinois notwithstanding any lawsuit | 3 | | or complaint . For the purpose of this item (8), "formal | 4 | | complaint" includes only those complaints that seek a | 5 | | binding determination from a State or federal regulatory | 6 | | body; | 7 | | (9) That the applicant shall at all times remain in | 8 | | compliance continue to comply with requirements for | 9 | | certification stated in this Section and as the Commission | 10 | | may establish by rule ; | 11 | | (10) That the applicant shall execute and maintain a | 12 | | license or permit bond issued by a qualifying surety or | 13 | | insurance company authorized to transact business in the | 14 | | State of Illinois in favor of the People of the State of | 15 | | Illinois. The amount of the bond shall equal $30,000 if | 16 | | the applicant seeks to serve only nonresidential retail | 17 | | customers with maximum electrical demands of one megawatt | 18 | | or more, $150,000 if the applicant seeks to serve only | 19 | | nonresidential non-residential retail customers with | 20 | | annual electrical consumption greater than 15,000 | 21 | | kilowatt-hours kWh , or $500,000 if the applicant seeks to | 22 | | serve all eligible customers. Applicants shall be required | 23 | | to submit an additional $500,000 bond if the applicant | 24 | | intends to market to residential customers using in-person | 25 | | solicitations. The bonds bond shall be conditioned upon | 26 | | the full and faithful performance of all duties and |
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| 1 | | obligations of the applicant as an alternative retail | 2 | | electric supplier , and shall be valid for a period of not | 3 | | less than one year , and may be drawn upon in whole or in | 4 | | part to satisfy any penalties imposed, and finally | 5 | | adjudicated, by the Commission pursuant to Section 16-115B | 6 | | for a violation of the applicant's duties or obligations, | 7 | | except that the total amount of claims and penalties | 8 | | against the bond shall not exceed the penal sum of the bond | 9 | | and shall not include any consequential or punitive | 10 | | damage . The cost of the bond shall be paid by the | 11 | | applicant. The applicant shall file a copy of this bond, | 12 | | with a notarized verification page from the issuer, as | 13 | | part of its application for certification under 83 Ill. | 14 | | Adm. Code 451; and | 15 | | (11) That the applicant will comply with all other
| 16 | | applicable laws and regulations.
| 17 | | (d-3) The Commission may deny with prejudice an | 18 | | application in which the applicant fails to provide the | 19 | | Commission with information sufficient for the Commission to | 20 | | grant the application. | 21 | | (d-5) (Blank). | 22 | | (e) A retail customer that owns a cogeneration or | 23 | | self-generation facility
and that seeks certification only to
| 24 | | provide electric power and energy from such facility to
retail | 25 | | customers at separate locations which customers are
both (i) | 26 | | owned by, or a subsidiary or other corporate
affiliate of, |
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| 1 | | such applicant and
(ii) eligible for delivery services, shall | 2 | | be granted a
certificate of service authority upon filing an | 3 | | application
and notifying the Commission that it has entered | 4 | | into an
agreement with the relevant electric utilities | 5 | | pursuant to
Section 16-118.
Provided, however, that if the | 6 | | retail customer owning such cogeneration or
self-generation | 7 | | facility would not be charged a transition charge due to the
| 8 | | exemption provided under subsection (f) of Section 16-108 | 9 | | prior to the
certification, and the retail customers at | 10 | | separate locations are taking
delivery services in conjunction | 11 | | with purchasing power and energy from the
facility, the retail | 12 | | customer on whose premises the facility is located shall
not | 13 | | thereafter be required to pay transition charges on the power | 14 | | and energy
that such retail customer takes from the facility.
| 15 | | (f) The Commission shall have the authority to
promulgate | 16 | | rules and regulations to carry out the provisions
of this | 17 | | Section. On or before May 1, 1999, the Commission
shall adopt a | 18 | | rule or rules applicable to the certification of
those | 19 | | alternative retail electric suppliers that seek to serve
only | 20 | | nonresidential retail customers with maximum electrical
| 21 | | demands of one megawatt or more which shall provide for (i)
| 22 | | expedited and streamlined procedures
for certification of such | 23 | | alternative
retail electric suppliers and (ii) specific | 24 | | criteria which,
if met by any such alternative retail electric | 25 | | supplier, shall
constitute the demonstration of technical, | 26 | | financial and
managerial resources and abilities to provide |
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| 1 | | service required
by paragraph (1) of subsection (d) (1) of | 2 | | this Section, such as a requirement
to post a bond or letter of | 3 | | credit, from a responsible surety
or financial institution, of | 4 | | sufficient size for the nature
and scope of the services to be | 5 | | provided; demonstration of
adequate insurance for the scope | 6 | | and nature of the services to
be provided; and experience in | 7 | | providing similar services in
other jurisdictions.
| 8 | | (g) An alternative retail electric supplier may seek | 9 | | confidential treatment for the following information by filing | 10 | | an affidavit with the Commission so long as the affidavit | 11 | | meets the requirements in this subsection (g): | 12 | | (1) the total annual kilowatt-hours delivered and sold | 13 | | by an alternative retail electric supplier to retail | 14 | | customers within each utility service territory and the | 15 | | total annual kilowatt-hours delivered and sold by an | 16 | | alternative retail electric supplier to retail customers | 17 | | in all utility service territories in the preceding | 18 | | calendar year as required by 83 Ill. Adm. Code 451.770; | 19 | | (2) the total peak demand supplied by an alternative | 20 | | retail electric supplier during the previous year in each | 21 | | utility service territory as required by 83 Ill. Adm. Code | 22 | | 465.40; | 23 | | (3) a good faith estimate of the amount an alternative | 24 | | retail electric supplier expects to be obliged to pay the | 25 | | utility under single billing tariffs during the next 12 | 26 | | months and the amount of any bond or letter of credit used |
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| 1 | | to demonstrate an alternative retail electric supplier's | 2 | | credit worthiness to provide single billing services | 3 | | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | 4 | | The affidavit must be filed contemporaneously with the | 5 | | information for which confidential treatment is sought and | 6 | | must clearly state that the affiant seeks confidential | 7 | | treatment pursuant to this subsection (g) and the information | 8 | | for which confidential treatment is sought must be clearly | 9 | | identified on the confidential version of the document filed | 10 | | with the Commission. The affidavit must be accompanied by a | 11 | | "confidential" and a "public" version of the document or | 12 | | documents containing the information for which confidential | 13 | | treatment is sought. | 14 | | If the alternative retail electric supplier has met the | 15 | | affidavit requirements of this subsection (g), then the | 16 | | Commission shall afford confidential treatment to the | 17 | | information identified in the affidavit for a period of 2 | 18 | | years after the date the affidavit is received by the | 19 | | Commission. | 20 | | Nothing in this subsection (g) prevents an alternative | 21 | | retail electric supplier from filing a petition with the | 22 | | Commission seeking confidential treatment for information | 23 | | beyond that identified in this subsection (g) or for | 24 | | information contained in other reports or documents filed with | 25 | | the Commission other than annual rate reports . | 26 | | Nothing in this subsection (g) prevents the Commission, on |
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| 1 | | its own motion, or any party from filing a formal petition with | 2 | | the Commission seeking to reconsider the conferring of | 3 | | confidential status on an item of information afforded | 4 | | confidential treatment pursuant to this subsection (g). | 5 | | The Commission, on its own motion, may at any time | 6 | | initiate a docketed proceeding to investigate the continued | 7 | | applicability of this subsection (g) to the information | 8 | | contained in items (i), (ii), and (iii) of this subsection | 9 | | (g). If, at the end of such investigation, the Commission | 10 | | determines that a particular item of information should no | 11 | | longer be eligible for the affidavit-based process outlined in | 12 | | this subsection (g), the Commission may enter an order to | 13 | | remove that item from the list of items eligible for the | 14 | | process set forth in this subsection (g). Notwithstanding any | 15 | | such order, in the event the Commission makes such a | 16 | | determination, nothing in this subsection (g) prevents an | 17 | | alternative retail electric supplier desiring confidential | 18 | | treatment for such information from filing a formal petition | 19 | | with the Commission seeking confidential treatment for such | 20 | | information. | 21 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 22 | | (220 ILCS 5/16-115B)
| 23 | | Sec. 16-115B. Commission oversight of services provided
by | 24 | | alternative retail electric suppliers. | 25 | | (a) The Commission shall have jurisdiction in accordance
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| 1 | | with the provisions of Article X of this Act to entertain and | 2 | | dispose of
any complaint made by the Commission, on its own | 3 | | motion, or by any person or corporation, chamber of commerce, | 4 | | board of trade, or any industrial, commercial, mercantile, | 5 | | agricultural or manufacturing society, or any body politic or | 6 | | municipal corporation against any alternative retail electric | 7 | | supplier
alleging (i) that the alternative retail electric | 8 | | supplier has
violated or is in nonconformance with any | 9 | | applicable
provisions of Section 16-115 through Section | 10 | | 16-115A; (ii) that the alternative retail electric supplier | 11 | | violated rules adopted by the Commission to govern the sales, | 12 | | marketing, or operations of retail electric suppliers; (iii) | 13 | | that
an alternative retail electric supplier serving any | 14 | | residential and small commercial customers retail
customers | 15 | | having maximum demands of less than one megawatt has
failed to | 16 | | provide service in accordance with the terms of its
contract | 17 | | or contracts with such customer or customers; (iii)
that the | 18 | | alternative retail electric supplier has violated or
is in | 19 | | nonconformance non-conformance with the delivery services | 20 | | tariff of, or
any of its agreements relating to delivery | 21 | | services with, the
electric utility, municipal system, or | 22 | | electric cooperative
providing delivery services; or (iv) that | 23 | | the alternative
retail electric supplier has violated or | 24 | | failed to comply with
the requirements of Sections 8-201 | 25 | | through 8-207, 8-301, 8-505,
or 8-507 of this Act as made | 26 | | applicable to alternative retail
electric suppliers.
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| 1 | | (b) The Commission shall have authority, after such | 2 | | administrative notice as is required by the Illinois | 3 | | Administrative Procedure Act
and after an administrative | 4 | | hearing held on complaint or on the Commission's own
motion:
| 5 | | (1) To order an alternative retail electric supplier
| 6 | | to cease and desist, or correct, any violation of or | 7 | | nonconformance non-conformance with the
provisions of | 8 | | Section 16-115 or 16-115A or any violation or | 9 | | nonconformance over which the Commission has jurisdiction | 10 | | under subsection (a) of Section 16-115B ;
| 11 | | (2) To impose financial penalties for violations of
or | 12 | | nonconformances non-conformances with the provisions of | 13 | | Section 16-115 or 16-115A,
not to exceed (i) $10,000 per | 14 | | occurrence , and for any violations or nonconformances that | 15 | | continue after the Commission issues a cease and desist | 16 | | order, up to an additional or (ii) $30,000 for each day the | 17 | | violations or nonconformances continue
per day for those | 18 | | violations or non-conformances which
continue after the | 19 | | Commission issues a cease and desist
order ; and
| 20 | | (3) To alter, modify, revoke , or suspend the
| 21 | | certificate of service authority of an alternative retail
| 22 | | electric supplier for substantial or repeated violations
| 23 | | of or nonconformances non-conformances with the provisions | 24 | | of
Section 16-115 or 16-115A.
| 25 | | (c) In addition to other powers and authority granted to | 26 | | it under this Act, the Commission may require an alternative |
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| 1 | | retail electric supplier to enter into a compliance
plan. If | 2 | | the Commission comes into possession of information causing it | 3 | | to conclude that an alternative retail electric supplier is | 4 | | violating this Act or the Commission's rules, the Commission | 5 | | may, after notice and hearing, enter an order directing the | 6 | | alternative retail electric supplier to implement practices, | 7 | | procedures, oversight, or other
measures or refrain from | 8 | | practices, conduct, or activities that the Commission finds is | 9 | | necessary or reasonable to ensure the alternative retail | 10 | | electric supplier's compliance with this Act and the | 11 | | Commission's rules. Failure by an alternative retail electric | 12 | | supplier to implement or comply with a Commission-ordered | 13 | | compliance plan is a violation of this Section. The | 14 | | Commission, in its discretion, may order a compliance plan | 15 | | under such circumstances as it considers warranted and is not | 16 | | required to order a compliance plan prior to taking other | 17 | | enforcement action against an alternative retail electric | 18 | | supplier. Nothing in this subsection (c) shall be interpreted | 19 | | to limit the authority or right of the Attorney General. | 20 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 21 | | (220 ILCS 5/16-115C) | 22 | | Sec. 16-115C. Licensure of agents, brokers, and | 23 | | consultants engaged in the procurement or sale of retail | 24 | | electricity supply for third parties. | 25 | | (a) The purpose of this Section is to adopt licensing and |
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| 1 | | code of conduct rules in a competitive retail electricity | 2 | | market to protect Illinois consumers from unfair or deceptive | 3 | | acts or practices and to provide persons acting as agents, | 4 | | brokers, and consultants engaged in the procurement or sale of | 5 | | retail electricity supply for third parties with notice of the | 6 | | illegality of those acts or practices. | 7 | | (a-5) All third-party sales representatives engaged in the | 8 | | marketing of retail electricity supply must, prior to the | 9 | | customer signing a contract, disclose that they are not | 10 | | employed by the electric utility operating in the applicable | 11 | | service territory. | 12 | | (b) For purposes of this Section, "agents, brokers, and | 13 | | consultants engaged in the procurement or sale of retail | 14 | | electricity supply for third parties" means any person or | 15 | | entity that attempts to procure on behalf of or sell retail | 16 | | electric service to an electric customer in the State. | 17 | | "Agents, brokers, and consultants engaged in the procurement | 18 | | or sale of retail electricity supply for third parties" does | 19 | | not include the Illinois Power Agency or any of its employees, | 20 | | any entity licensed as an alternative retail electric supplier | 21 | | pursuant to 83 Ill. Adm. Code 451 offering retail electric | 22 | | service on its own behalf, any person acting exclusively on | 23 | | behalf of a single alternative retail electric supplier on | 24 | | condition that exclusivity is disclosed to any third party | 25 | | contracted in such agent capacity, any person acting | 26 | | exclusively on behalf of a retail electric supplier on |
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| 1 | | condition that exclusivity is disclosed to any third party | 2 | | contracted in such agent capacity, any person or entity | 3 | | representing a municipal power agency, as defined in Section | 4 | | 11-119.1-3 of the Illinois Municipal Code, or any person or | 5 | | entity that is attempting to procure on behalf of or sell | 6 | | retail electric service to a third party that has aggregate | 7 | | billing demand of all of its affiliated electric service | 8 | | accounts in Illinois of greater than 1,500 kilowatts kW . | 9 | | (c) No person or entity shall act as an agent, broker, or | 10 | | consultant engaged in the procurement or sale of retail | 11 | | electricity supply for third parties unless that person or | 12 | | entity is licensed by the Commission under this Section or is | 13 | | offering services on their own behalf under 83 Ill. Adm. Code | 14 | | 451. A license granted pursuant to this Section is not | 15 | | property, and the grant of a license to an entity does not | 16 | | create a property interest in the license. | 17 | | (d) The Commission shall create requirements for licensure | 18 | | as an agent, broker, or consultant engaged in the procurement | 19 | | or sale of retail electricity supply for third parties, which | 20 | | shall include all of the following criteria: | 21 | | (1) Technical competence. | 22 | | (2) Managerial competence. | 23 | | (3) Financial responsibility, including the posting of | 24 | | an appropriate performance bond. | 25 | | (4) Annual reporting requirements. | 26 | | (e) Any person or entity required to be licensed under |
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| 1 | | this Section must: | 2 | | (1) disclose in plain language in writing to all | 3 | | persons it solicits (i) before July 1, 2011, the total | 4 | | anticipated remuneration to be paid to it by any third | 5 | | party over the period of the proposed underlying customer | 6 | | contract and (ii) on or after July 1, 2011, the total price | 7 | | per kilowatt-hour, and the total anticipated cost, | 8 | | inclusive of all fees or commissions received by the | 9 | | licensee, to be paid by the customer over the period of the | 10 | | proposed underlying customer contract; | 11 | | (2) disclose, if applicable, to all customers, prior | 12 | | to the customer signing a contract, the fact that they | 13 | | will be receiving compensation from the supplier; | 14 | | (3) not hold itself out as independent or unaffiliated | 15 | | with any supplier, or both, or use words reasonably | 16 | | calculated to give that impression, unless the person | 17 | | offering service under this Section has no contractual | 18 | | relationship with any retail electricity supplier or its | 19 | | affiliates regarding retail electric service in Illinois; | 20 | | (4) not utilize false, misleading, materially | 21 | | inaccurate, defamatory, or otherwise deceptive language or | 22 | | materials in the soliciting or providing of its services; | 23 | | (5) maintain copies of all marketing materials | 24 | | disseminated to third parties for a period of not less | 25 | | than 3 years; | 26 | | (6) not present electricity pricing information in a |
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| 1 | | manner that favors one supplier over another, unless a | 2 | | valid pricing comparison is made utilizing all relevant | 3 | | costs and terms; and | 4 | | (7) comply with the requirements of Sections 2EE, 2FF, | 5 | | 2GG, and 2HH of the Consumer Fraud and Deceptive Business | 6 | | Practices Act. | 7 | | (f) Any person or entity licensed under this Section shall | 8 | | file with the Commission all of the following information no | 9 | | later than March of each year: | 10 | | (1) A verified report detailing any and all | 11 | | contractual relationships that it has with certified | 12 | | electricity suppliers in the State regarding retail | 13 | | electric service in Illinois. | 14 | | (2) A verified report detailing the distribution of | 15 | | its customers with the various certified electricity | 16 | | suppliers in Illinois during the prior calendar year. A | 17 | | report under this Section shall not be required to contain | 18 | | customer-identifying information. | 19 | | A public redacted version of the verified report may | 20 | | be submitted to the Commission along with a proprietary | 21 | | version. The public redacted version may redact from the | 22 | | verified report the name or names of every certified | 23 | | electricity supplier contained in the report to protect | 24 | | against disclosure of competitively sensitive market share | 25 | | information. The information shall be afforded proprietary | 26 | | treatment for 2 years after the date of the filing of the |
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| 1 | | verified report. | 2 | | (3) A verified statement of any changes to the | 3 | | original licensure qualifications and notice of continuing | 4 | | compliance with all requirements. | 5 | | (g) The Commission shall have jurisdiction over | 6 | | disciplinary proceedings and complaints , including on the | 7 | | Commission's own motion, for violations of this Section. The | 8 | | findings of a violation of this Section by the Commission | 9 | | shall result in discipline on a progressive a progressive | 10 | | disciplinary scale. For a first violation, the Commission may, | 11 | | in its discretion, suspend the license of the person or entity | 12 | | so disciplined for a period of no less than one month. For a | 13 | | second violation within a 5-year period, the Commission shall | 14 | | suspend the license of for the person or entity so disciplined | 15 | | for a period of not less than 6 months. For a third or | 16 | | subsequent violation within a 5-year period, the Commission | 17 | | shall suspend the license of the disciplined person for a | 18 | | period of not less than 2 years. Notwithstanding the minimum | 19 | | progressive suspensions, the Commission shall have authority, | 20 | | in its discretion, to impose whatever reasonable disciplinary | 21 | | measures it deems appropriate for any violation, including, | 22 | | but not limited to, terminating the license of the person or | 23 | | entity. | 24 | | (h) This Section shall not apply to a retail customer that | 25 | | operates or manages either directly or indirectly any | 26 | | facilities, equipment, or property used or contemplated to be |
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| 1 | | used to distribute electric power or energy if that retail | 2 | | customer is a political subdivision or public institution of | 3 | | higher education of this State, or any corporation, company, | 4 | | limited liability company, association, joint-stock company or | 5 | | association, firm, partnership, or individual, or their | 6 | | lessees, trusts, or receivers appointed by any court | 7 | | whatsoever that are owned or controlled by the political | 8 | | subdivision, public institution of higher education, or | 9 | | operated by any of its lessees or operating agents. | 10 | | (Source: P.A. 95-679, eff. 10-11-07; 96-1385, eff. 7-29-10.)
| 11 | | (220 ILCS 5/19-110)
| 12 | | Sec. 19-110. Certification of alternative gas suppliers.
| 13 | | (a) The provisions of this Section shall apply only to | 14 | | alternative gas
suppliers
serving or seeking to serve | 15 | | residential or small commercial customers and
only to the | 16 | | extent such
alternative gas suppliers provide services to | 17 | | residential or small
commercial customers.
| 18 | | (b) An alternative gas supplier must obtain a certificate | 19 | | of service
authority from the Commission in accordance with | 20 | | this Section before serving
any customer or other user located | 21 | | in this State. An alternative gas supplier
may request, and | 22 | | the Commission may grant, a certificate of service authority
| 23 | | for the entire State or for a specified geographic area of the | 24 | | State. A certificate granted pursuant to this Section is not | 25 | | property, and the grant of a certificate to an entity does not |
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| 1 | | create a property interest in the certificate. This Section | 2 | | does not diminish the existing rights of a certificate holder | 3 | | to notice and hearing as proscribed by the Illinois | 4 | | Administrative Procedure Act and in rules adopted by the | 5 | | Commission. A
person, corporation, or other entity acting as | 6 | | an alternative gas supplier on
the effective date of this | 7 | | amendatory Act of the 92nd General Assembly shall
have 180 | 8 | | days from the effective date of this amendatory Act of the 92nd
| 9 | | General Assembly to comply with the requirements of this | 10 | | Section in order to
continue to operate as an alternative gas | 11 | | supplier.
| 12 | | (c) An alternative gas supplier seeking a certificate of | 13 | | service authority
shall
file with the Commission a verified | 14 | | application containing information showing
that the
applicant | 15 | | meets the requirements of this Section. The alternative gas | 16 | | supplier
shall
publish notice of its application in the | 17 | | official State newspaper within 10
days following
the date of | 18 | | its filing. No later than 45 days after a complete the | 19 | | application is
properly filed with the
Commission, and such | 20 | | notice is published, the Commission shall issue its order
| 21 | | granting or denying the application.
| 22 | | (d) An application for a certificate of service authority | 23 | | shall identify the
area or
areas in which the applicant | 24 | | intends to offer service and the types of services
it intends
| 25 | | to offer. Applicants that seek to serve residential or small | 26 | | commercial
customers within a
geographic area that is smaller |
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| 1 | | than a gas utility's service area shall submit
evidence | 2 | | demonstrating that the designation of this smaller area does | 3 | | not
violate Section 19-115. An
applicant may
state in its | 4 | | application for certification any limitations that will be | 5 | | imposed
on the number
of customers or maximum load to be | 6 | | served. The applicant shall submit as part of its application | 7 | | a statement indicating:
| 8 | | (1) Whether the applicant has been denied a natural | 9 | | gas supplier license in any state in the United States. | 10 | | (2) Whether the applicant has had a natural gas | 11 | | supplier license suspended or revoked by any state in the | 12 | | United States. | 13 | | (3) Where, if any, other natural gas supplier license | 14 | | applications are pending in the United States. | 15 | | (4) Whether the applicant is the subject of any | 16 | | lawsuits filed in a court of law or formal complaints | 17 | | filed with a regulatory agency alleging fraud, deception , | 18 | | or unfair marketing practices, or other similar | 19 | | allegations, identifying the name, case number, and | 20 | | jurisdiction of each such lawsuit or complaint. | 21 | | For the purposes of this subsection (d), formal complaints | 22 | | include only those complaints that seek a binding | 23 | | determination from a state or federal regulatory body. | 24 | | (e) The Commission shall grant the application for a | 25 | | certificate of service
authority if it makes the findings set | 26 | | forth in this subsection based on the
verified
application and |
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| 1 | | such other information as the applicant may submit.
| 2 | | (1) That the applicant possesses sufficient technical, | 3 | | financial, and
managerial resources and abilities to | 4 | | provide the service for which it
seeks a certificate of | 5 | | service authority. In determining the level of
technical, | 6 | | financial, and managerial resources and abilities which | 7 | | the
applicant must demonstrate, the Commission shall | 8 | | consider:
| 9 | | (A) the characteristics, including the size and | 10 | | financial sophistication of the
customers that the | 11 | | applicant seeks to serve; | 12 | | (B) whether the
applicant seeks to provide gas | 13 | | using property, plant, and equipment that it
owns, | 14 | | controls, or operates; and | 15 | | (C) the applicant's commitment of resources to the | 16 | | management of sales and marketing staff, through | 17 | | affirmative managerial policies, independent audits, | 18 | | technology, hands-on field monitoring and training, | 19 | | and, in the case of applicants who will have sales | 20 | | personnel or sales agents within the State of | 21 | | Illinois, the applicant's managerial presence within | 22 | | the State.
| 23 | | (2) That the applicant will comply with all applicable | 24 | | federal, State,
regional, and industry rules, policies, | 25 | | practices, and procedures
for the use, operation, and | 26 | | maintenance of the safety, integrity, and
reliability of |
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| 1 | | the gas transmission system.
| 2 | | (3) That the applicant will comply with such | 3 | | informational or reporting
requirements as the Commission | 4 | | may by rule establish.
| 5 | | (4) That
the area to be served by the applicant and any | 6 | | limitations it proposes on the
number of customers or | 7 | | maximum amount of load to be served meet the provisions
of | 8 | | Section 19-115, provided, that if the applicant seeks to | 9 | | serve an area
smaller than the service area of a gas | 10 | | utility or proposes other limitations
on the number of | 11 | | customers or maximum amount of load to be served, the
| 12 | | Commission can extend the time for
considering such a | 13 | | certificate request by up to 90 days, and can schedule
| 14 | | hearings on such a request.
| 15 | | (5) That the applicant shall continue to comply with | 16 | | requirements for certification stated in this Section. | 17 | | (6) That the applicant shall execute and maintain a | 18 | | license or permit bond issued by a qualifying surety or | 19 | | insurance company authorized to transact business in the | 20 | | State of Illinois in favor of the People of the State of | 21 | | Illinois. The amount of the bond shall equal $150,000 if | 22 | | the applicant seeks to serve only nonresidential retail | 23 | | customers or $500,000 if the applicant seeks to serve all | 24 | | eligible customers. Applicants shall be required to submit | 25 | | an additional $500,000 bond if the applicant intends to | 26 | | market to residential customers using in-person |
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| 1 | | solicitations. The bonds bond shall be conditioned upon | 2 | | the full and faithful performance of all duties and | 3 | | obligations of the applicant as an alternative retail gas | 4 | | supplier , and shall be valid for a period of not less than | 5 | | one year , and may be drawn up to satisfy any penalties | 6 | | imposed and finally adjudicated, by the Commission | 7 | | pursuant to Section 19-120 for a violation of the | 8 | | applicant's duties or obligations, except that the total | 9 | | amount of claims and penalties against the bond shall not | 10 | | exceed the penal sum of the bond and shall not include any | 11 | | consequential or punitive damage . The cost of the bond | 12 | | shall be paid by the applicant. The applicant shall file a | 13 | | copy of this bond, with a notarized verification page from | 14 | | the issuer, as part of its application for certification | 15 | | under 83 Ill. Adm. Code 551. | 16 | | (7) That the applicant will comply with all other | 17 | | applicable laws and
rules.
| 18 | | (e-5) The Commission may deny with prejudice an | 19 | | application in which the applicant fails to provide the | 20 | | Commission with information sufficient for the Commission to | 21 | | grant the application. | 22 | | (f) The Commission can extend the time for considering | 23 | | such a certificate request by up to 90 days, and can schedule | 24 | | hearings on such a request if: | 25 | | (1) a party to the application proceeding has formally | 26 | | requested that the Commission hold hearings in a pleading |
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| 1 | | that alleges that one or more of the allegations or | 2 | | certifications in the application is false or misleading; | 3 | | or | 4 | | (2) other facts or circumstances exist that will | 5 | | necessitate additional time or evidence in order to | 6 | | determine whether a certificate should be issued. | 7 | | (g) The Commission shall have the authority to promulgate | 8 | | rules
to carry out the provisions of this Section. Within 30 | 9 | | days after the
effective date of this amendatory Act of the | 10 | | 92nd General Assembly, the
Commission shall adopt an emergency | 11 | | rule or rules applicable to the
certification of those gas | 12 | | suppliers that seek to serve residential customers.
Within 180 | 13 | | days of
the effective
date of this amendatory Act of the 92nd | 14 | | General Assembly, the Commission shall
adopt
rules that | 15 | | specify criteria which, if met by any such alternative gas
| 16 | | supplier, shall
constitute the demonstration of technical, | 17 | | financial, and managerial resources
and
abilities to provide | 18 | | service required by paragraph item (1) of subsection (e) of | 19 | | this
Section,
such as a
requirement to post a bond or letter of | 20 | | credit, from a responsible surety or
financial
institution, of | 21 | | sufficient size for the nature and scope of the services to be
| 22 | | provided,
demonstration of adequate insurance for the scope | 23 | | and nature of the services to
be
provided, and experience in | 24 | | providing similar services in other
jurisdictions.
| 25 | | (h) The Commission may deny with prejudice any application | 26 | | that repeatedly fails to include the attachments, |
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| 1 | | documentation, and affidavits required by the application form | 2 | | or that repeatedly fails to provide any other information | 3 | | required by this Section. | 4 | | (i) An alternative gas supplier may seek confidential | 5 | | treatment for the reporting to the Commission of its total | 6 | | annual dekatherms delivered and sold by it to residential and | 7 | | small commercial customers by utility service territory during | 8 | | the preceding year via the filing of an affidavit with the | 9 | | Commission so long as the affidavit meets the requirements of | 10 | | this subsection (i).
The affidavit must be filed | 11 | | contemporaneously with the information for which confidential | 12 | | treatment is sought and must clearly state that the affiant | 13 | | seeks confidential treatment pursuant to this subsection (i) | 14 | | and the information for which confidential treatment is sought | 15 | | must be clearly identified on the confidential version of the | 16 | | document filed with the Commission. The affidavit must be | 17 | | accompanied by both a "confidential" and a "public" version of | 18 | | the document or documents containing the information for which | 19 | | confidential treatment is sought. | 20 | | If the alternative gas supplier has met the affidavit | 21 | | requirements of this subsection (i), then the Commission shall | 22 | | afford confidential treatment to the information identified in | 23 | | the affidavit for a period of 2 years after the date the | 24 | | affidavit is received by the Commission. | 25 | | Nothing in this subsection (i) prevents an alternative gas | 26 | | supplier from filing a petition with the Commission seeking |
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| 1 | | confidential treatment for information beyond that identified | 2 | | in this subsection (i) or for information contained in other | 3 | | reports or documents filed with the Commission other than | 4 | | annual rate reports . | 5 | | Nothing in this subsection (i) prevents the Commission, on | 6 | | its own motion, or any party from filing a formal petition with | 7 | | the Commission seeking to reconsider the conferring of | 8 | | confidential status pursuant to this subsection (i). | 9 | | The Commission, on its own motion, may at any time | 10 | | initiate a docketed proceeding to investigate the continued | 11 | | applicability of this affidavit-based process for seeking | 12 | | confidential treatment. If, at the end of such investigation, | 13 | | the Commission determines that this affidavit-based process | 14 | | for seeking confidential treatment for the information is no | 15 | | longer necessary, the Commission may enter an order to that | 16 | | effect. Notwithstanding any such order, in the event the | 17 | | Commission makes such a determination, nothing in this | 18 | | subsection (i) prevents an alternative gas supplier desiring | 19 | | confidential treatment for such information from filing a | 20 | | formal petition with the Commission seeking confidential | 21 | | treatment for such information. | 22 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 23 | | (220 ILCS 5/19-120)
| 24 | | Sec. 19-120. Commission oversight of services provided by | 25 | | gas
suppliers. |
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| 1 | | (a) The provisions of this Section shall apply only to | 2 | | alternative gas
suppliers
serving or seeking to serve | 3 | | residential or small commercial customers and
only to the | 4 | | extent such
alternative gas suppliers provide services to | 5 | | residential or small
commercial customers.
| 6 | | (b) The Commission shall have jurisdiction in accordance | 7 | | with the provisions
of Article X of this Act either to | 8 | | investigate on its own motion in order to determine whether or | 9 | | to entertain and dispose of any complaint by any person or | 10 | | corporation, chamber of commerce, board of trade, or any | 11 | | industrial, commercial, mercantile, agricultural or | 12 | | manufacturing society, or any body politic or municipal | 13 | | corporation against any
alternative
gas supplier alleging | 14 | | that:
| 15 | | (1) the alternative gas supplier has violated or is
in
| 16 | | nonconformance with any applicable provisions of Section | 17 | | 19-110, 19-111, 19-112, or Section
19-115;
| 18 | | (1.5) that the alternative retail gas supplier | 19 | | violated any rule adopted by the Commission to govern the | 20 | | sales, marketing, or operations of retail gas suppliers; | 21 | | (2) an alternative gas supplier has failed to provide | 22 | | service in
accordance with the
terms of its contract or | 23 | | contracts with a customer or customers;
| 24 | | (3) the
alternative
gas supplier has violated or is in | 25 | | nonconformance with the transportation
services tariff
of, | 26 | | or any of its agreements relating to transportation |
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| 1 | | services with, the gas
utility or
municipal system | 2 | | providing transportation services; or
| 3 | | (4) the
alternative gas
supplier has violated or | 4 | | failed to comply with the requirements of Sections
8-201
| 5 | | through 8-207, 8-301, 8-505, or 8-507 of this Act as made | 6 | | applicable to
alternative gas
suppliers.
| 7 | | (c) The Commission shall have authority after such | 8 | | administrative notice as is required by the Illinois | 9 | | Administrative Procedure Act and after an administrative | 10 | | hearing held on
complaint or on the Commission's own motion to | 11 | | order any or all of the following remedies, penalties, or | 12 | | forms of relief:
| 13 | | (1) order an alternative gas supplier to cease and | 14 | | desist, or correct,
any violation of or nonconformance | 15 | | with the provisions of Section
19-110, 19-111, 19-112, or | 16 | | 19-115 , or any violation or nonconformance over which the | 17 | | Commission has jurisdiction under subsection (a) of | 18 | | Section 19-120 ;
| 19 | | (2) impose financial penalties for violations of or | 20 | | nonconformances
with the provisions of Section 19-110, | 21 | | 19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per | 22 | | occurrence , and for any violations or nonconformances that | 23 | | continue after the Commission issues a cease and desist | 24 | | order, up to an additional or (ii) $30,000 for each day the | 25 | | violations or nonconformances continue per day for those | 26 | | violations or
nonconformances which continue after the |
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| 1 | | Commission issues a
cease-and-desist order ; and
| 2 | | (3) alter, modify, revoke, or suspend the certificate | 3 | | of service
authority
of an alternative gas supplier for | 4 | | substantial or repeated violations of
or nonconformances | 5 | | with the provisions of Section 19-110, 19-111, 19-112, or | 6 | | 19-115.
| 7 | | (d) Nothing in this Act shall be construed to limit, | 8 | | restrict, or
mitigate
in
any way the power and authority of the | 9 | | State's Attorneys or the Attorney
General under the Consumer | 10 | | Fraud and Deceptive Business Practices Act.
| 11 | | (e) In addition to other powers and authority granted to | 12 | | it under this Act, the Commission may require an alternative | 13 | | gas supplier to enter into a compliance
plan. If the | 14 | | Commission comes into possession of information causing it to | 15 | | conclude that an alternative gas supplier is violating this | 16 | | Act or the Commission's rules, the Commission may, after | 17 | | notice and hearing, enter an order directing the alternative | 18 | | gas supplier to implement practices, procedures, oversight, or | 19 | | other measures or refrain from practices, conduct, or | 20 | | activities as the Commission finds is necessary or reasonable | 21 | | to ensure the alternative gas supplier's compliance with this | 22 | | Act and the Commission's rules. Failure by an alternative gas | 23 | | supplier to implement or comply with a Commission-ordered | 24 | | compliance plan is a violation of this Section. The | 25 | | Commission, in its discretion, may order a compliance plan | 26 | | under such circumstances as it considers warranted and is not |
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| 1 | | required to order a compliance plan prior to taking other | 2 | | enforcement action against an alternative retail gas supplier. | 3 | | Nothing in this subsection (e) shall be interpreted to limit | 4 | | the authority or right of the Attorney General. | 5 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 6 | | Section 10. The Consumer Fraud and Deceptive Business | 7 | | Practices Act is amended by changing Sections 2EE and 2DDD as | 8 | | follows:
| 9 | | (815 ILCS 505/2EE)
| 10 | | Sec. 2EE. Alternative retail electric supplier selection. | 11 | | (a) An alternative retail electric supplier shall not | 12 | | submit or execute
a change in a consumer's selection of a | 13 | | provider of electric
service unless and until: | 14 | | (i) the alternative retail electric supplier first | 15 | | discloses all material terms and conditions of the offer | 16 | | to the consumer; | 17 | | (ii) if the consumer is a small commercial retail | 18 | | customer as that term is defined in subsection (c) of this | 19 | | Section or a residential consumer, the alternative retail | 20 | | electric supplier discloses the utility electric supply | 21 | | price to compare, which shall be the sum of the electric | 22 | | supply charge and the transmission services charge, and | 23 | | shall not include the purchased electricity adjustment, | 24 | | applicable at the time the offer is made to the consumer; |
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| 1 | | (iii) if the consumer is a small commercial retail | 2 | | customer as that term is defined in subsection (c) of this | 3 | | Section or a residential consumer, the alternative retail | 4 | | electric provider discloses the following statement: | 5 | | "(Name of the alternative retail electric | 6 | | supplier) is not the same entity as your electric | 7 | | delivery company. You are not required to enroll with | 8 | | (name of alternative retail electric supplier). As of | 9 | | (effective date), the electric supply price to compare | 10 | | is currently (price in cents per kilowatt hour). The | 11 | | electric utility electric supply price will expire on | 12 | | (expiration date). The utility electric supply price | 13 | | to compare does not include the purchased electricity | 14 | | adjustment factor. For more information go to the | 15 | | Illinois Commerce Commission's free website at | 16 | | www.pluginillinois.org.". | 17 | | If applicable, the statement shall include the | 18 | | following statement: | 19 | | "The purchased electricity adjustment factor may | 20 | | range between +.5 cents and -.5 cents per kilowatt | 21 | | hour."; | 22 | | (iv) the alternative retail electric supplier has | 23 | | obtained the consumer's express agreement to accept the | 24 | | offer after the disclosure of all material terms and | 25 | | conditions of the offer; and | 26 | | (v) the alternative retail electric supplier has |
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| 1 | | confirmed the request for a change in accordance with one | 2 | | of the following procedures:
| 3 | | (A) The new alternative retail electric supplier | 4 | | has obtained the consumer's
written or electronically | 5 | | signed
authorization in a form that meets the
| 6 | | following requirements:
| 7 | | (1) An alternative retail electric supplier | 8 | | shall obtain any
necessary written or | 9 | | electronically signed authorization from a | 10 | | consumer for a
change in electric service by using | 11 | | a letter of agency as
specified in this
Section. | 12 | | Any letter of agency that does
not conform with | 13 | | this
Section is invalid.
| 14 | | (2) The letter of agency shall be a separate
| 15 | | document (an easily separable document containing | 16 | | only
the authorization language described in | 17 | | subparagraph (5)) whose sole purpose is to | 18 | | authorize an
electric service provider change. The | 19 | | letter of agency
must be signed and dated by the | 20 | | consumer requesting the
electric service provider | 21 | | change.
| 22 | | (3) The letter of agency shall not be combined | 23 | | with
inducements of any kind on the same document.
| 24 | | (4) Notwithstanding subparagraphs (1) and (2), | 25 | | the letter of agency may be combined with
checks | 26 | | that contain only the required letter of agency
|
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| 1 | | language prescribed in subparagraph (5) and
the | 2 | | necessary information to make the check a | 3 | | negotiable
instrument. The letter of agency check | 4 | | shall not contain
any promotional language or | 5 | | material. The letter of
agency check shall contain | 6 | | in easily readable, bold-face
type on the face of | 7 | | the check, a notice that the consumer
is | 8 | | authorizing an electric service provider change by
| 9 | | signing the check. The letter of agency language | 10 | | also
shall be placed near the signature line on | 11 | | the back of
the check.
| 12 | | (5) At a minimum, the letter of agency must be
| 13 | | printed with a print of sufficient size to be | 14 | | clearly
legible, and must contain clear and | 15 | | unambiguous language
that confirms:
| 16 | | (i) The consumer's billing name and | 17 | | address;
| 18 | | (ii) The decision to change the electric | 19 | | service
provider from the current provider to | 20 | | the
prospective provider;
| 21 | | (iii) The terms, conditions, and nature of | 22 | | the
service to be provided to the consumer | 23 | | must be
clearly and conspicuously disclosed, | 24 | | in writing, and
an alternative retail electric | 25 | | supplier must directly establish
the rates for | 26 | | the service contracted for by the consumer; |
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| 1 | | and
| 2 | | (iv) That the consumer understand that any
| 3 | | alternative retail electric supplier selection | 4 | | the consumer
chooses may involve a charge to | 5 | | the consumer for
changing the consumer's | 6 | | electric service provider.
| 7 | | (6) Letters of agency shall not suggest or | 8 | | require
that a consumer take some action in order | 9 | | to retain the consumer's
current electric service | 10 | | provider.
| 11 | | (7) If any portion of a letter of agency is
| 12 | | translated into another language, then all | 13 | | portions of
the letter of agency must be | 14 | | translated into that
language.
| 15 | | (B) An appropriately qualified independent third | 16 | | party has obtained, in accordance with the procedures | 17 | | set forth in this subsection (b), the consumer's oral | 18 | | authorization to change electric suppliers that | 19 | | confirms and includes appropriate verification data. | 20 | | The independent third party (i) must not be owned, | 21 | | managed, controlled, or directed by the supplier or | 22 | | the supplier's marketing agent; (ii) must not have any | 23 | | financial incentive to confirm supplier change | 24 | | requests for the supplier or the supplier's marketing | 25 | | agent; and (iii) must operate in a location physically | 26 | | separate from the supplier or the supplier's marketing |
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| 1 | | agent.
| 2 | | Automated third-party verification systems and | 3 | | 3-way conference calls may be used for verification | 4 | | purposes so long as the other requirements of this | 5 | | subsection (b) are satisfied. | 6 | | A supplier or supplier's sales representative | 7 | | initiating a 3-way conference call or a call through | 8 | | an automated verification system must drop off the | 9 | | call once the 3-way connection has been established. | 10 | | All third-party verification methods shall elicit, | 11 | | at a minimum, the following information: (i) the | 12 | | identity of the consumer; (ii) confirmation that the | 13 | | person on the call is the account holder, has been | 14 | | specifically and explicitly authorized by the account | 15 | | holder, or possesses lawful authority to make the | 16 | | supplier change; (iii) confirmation that the person on | 17 | | the call wants to make the supplier change; (iv) the | 18 | | names of the suppliers affected by the change; (v) the | 19 | | service address of the supply to be switched; and (vi) | 20 | | the price of the service to be supplied and the | 21 | | material terms and conditions of the service being | 22 | | offered, including whether any early termination fees | 23 | | apply. Third-party verifiers may not market the | 24 | | supplier's services by providing additional | 25 | | information, including information regarding | 26 | | procedures to block or otherwise freeze an account |
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| 1 | | against further changes. | 2 | | All third-party verifications shall be conducted | 3 | | in the same language that was used in the underlying | 4 | | sales transaction and shall be recorded in their | 5 | | entirety. Submitting suppliers shall maintain and | 6 | | preserve audio records of verification of subscriber | 7 | | authorization for a minimum period of 2 years after | 8 | | obtaining the verification. Automated systems must | 9 | | provide consumers with an option to speak with a live | 10 | | person at any time during the call.
Each disclosure | 11 | | made during the third-party verification must be made | 12 | | individually to obtain clear acknowledgment of each | 13 | | disclosure. The alternative retail electric supplier | 14 | | must be in a location where he or she cannot hear the | 15 | | customer while the third-party verification is | 16 | | conducted. The alternative retail electric supplier | 17 | | shall not contact the customer after the third-party | 18 | | verification for a period of 24 hours unless the | 19 | | customer initiates the contact. | 20 | | (C) When a consumer initiates the call to the | 21 | | prospective alternative retail electric supplier, in | 22 | | order to enroll the consumer as a customer, the | 23 | | prospective alternative retail electric supplier must, | 24 | | with the consent of the customer, make a date-stamped, | 25 | | time-stamped audio recording that elicits, at a | 26 | | minimum, the following information: |
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| 1 | | (1) the identity of the customer; | 2 | | (2) confirmation that the person on the call | 3 | | is authorized to make the supplier change; | 4 | | (3) confirmation that the person on the call | 5 | | wants to make the supplier change; | 6 | | (4) the names of the suppliers affected by the | 7 | | change; | 8 | | (5) the service address of the supply to be | 9 | | switched; and | 10 | | (6) the price of the service to be supplied | 11 | | and the material terms and conditions of the | 12 | | service being offered, including whether any early | 13 | | termination fees apply.
| 14 | | Submitting suppliers shall maintain and preserve | 15 | | the audio records containing the information set forth | 16 | | above for a minimum period of 2 years.
| 17 | | (b)(1) An alternative retail electric supplier shall not | 18 | | utilize the name of a public utility in any manner that is | 19 | | deceptive or misleading, including, but not limited to , | 20 | | implying or otherwise leading a consumer to believe that an | 21 | | alternative retail electric supplier is soliciting on behalf | 22 | | of or is an agent of a utility. An alternative retail electric | 23 | | supplier shall not utilize the name, or any other identifying | 24 | | insignia, graphics, or wording that has been used at any time | 25 | | to represent a public utility company or its services, to | 26 | | identify, label, or define any of its electric power and |
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| 1 | | energy service offers. An alternative retail electric supplier | 2 | | may state the name of a public electric utility in order to | 3 | | accurately describe the electric utility service territories | 4 | | in which the supplier is currently offering an electric power | 5 | | and energy service. An alternative retail electric supplier | 6 | | that is the affiliate of an Illinois public utility and that | 7 | | was doing business in Illinois providing alternative retail | 8 | | electric service on January 1, 2016 may continue to use that | 9 | | public utility's name, logo, identifying insignia, graphics, | 10 | | or wording in its business operations occurring outside the | 11 | | service territory of the public utility with which it is | 12 | | affiliated. | 13 | | (2) An alternative retail electric supplier shall not | 14 | | state or otherwise imply that the alternative retail electric | 15 | | supplier is employed by, representing, endorsed by, or acting | 16 | | on behalf of a utility or utility program, a consumer group or | 17 | | consumer group program, or a governmental body, unless the | 18 | | alternative retail electric supplier has entered into a | 19 | | contractual arrangement with the governmental body and has | 20 | | been authorized by the governmental body to make the | 21 | | statements. | 22 | | (c) An alternative retail electric supplier shall not | 23 | | submit or execute a change in a consumer's selection of a | 24 | | provider of electric service unless the alternative retail | 25 | | electric supplier complies with the following requirements of | 26 | | this subsection (c). It is a violation of this Section for an |
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| 1 | | alternative retail electric supplier to fail to comply with | 2 | | this subsection (c). The requirements of this subsection (c) | 3 | | shall only apply to residential and small commercial retail | 4 | | customers. For purposes of this subsection (c) only, "small | 5 | | commercial retail customer" has the meaning given to that term | 6 | | in Section 16-102 of the Public Utilities Act. | 7 | | (1) During a solicitation an alternative retail | 8 | | electric supplier shall state that he or represents an | 9 | | independent seller of electric power and energy service | 10 | | certified by the Illinois Commerce Commission and that he | 11 | | or she is not employed by, representing, endorsed by, or | 12 | | acting on behalf of, a utility, or a utility program, a | 13 | | consumer group or consumer group program, or a | 14 | | governmental body, unless the alternative retail electric | 15 | | supplier has entered into a contractual arrangement with | 16 | | the governmental body and has been authorized with the | 17 | | governmental body to make the statements. | 18 | | (2) Alternative retail electric suppliers who engage | 19 | | in in-person solicitation for the purpose of selling | 20 | | electric power and energy service offered by the | 21 | | alternative retail electric supplier shall display | 22 | | identification on an outer garment. This identification | 23 | | shall be visible at all times and prominently display the | 24 | | following: (i) the alternative retail electric supplier | 25 | | agent's full name in reasonable size font; (ii) an agent | 26 | | identification number; (iii) a photograph of the |
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| 1 | | alternative retail electric supplier agent; and (iv) the | 2 | | trade name and logo of the alternative retail electric | 3 | | supplier the agent is representing. If the agent is | 4 | | selling electric power and energy services from multiple | 5 | | alternative retail electric suppliers to the consumer, the | 6 | | identification shall display the trade name and logo of | 7 | | the agent, broker, or consultant entity as that entity is | 8 | | defined in Section 16-115C of the Public Utilities Act. An | 9 | | alternative retail electric supplier shall leave the | 10 | | premises at the consumer's, owner's, or occupant's | 11 | | request. A copy of the Uniform Disclosure Statement | 12 | | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | 13 | | is to be left with the consumer, at the conclusion of the | 14 | | visit unless the consumer refuses to accept a copy. An | 15 | | alternative retail electric supplier may provide the | 16 | | Uniform Disclosure Statement electronically instead of in | 17 | | paper form to a consumer upon that customer's request. The | 18 | | alternative retail electric supplier shall also offer to | 19 | | the consumer, at the time of the initiation of the | 20 | | solicitation, a business card or other material that lists | 21 | | the agent's name, identification number and title, and the | 22 | | alternative retail electric supplier's name and contact | 23 | | information, including phone number. The alternative | 24 | | retail electric supplier shall not conduct any in-person | 25 | | solicitations of consumers at any building or premises | 26 | | where any sign, notice, or declaration of any description |
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| 1 | | whatsoever is posted that prohibits sales, marketing, or | 2 | | solicitations. The alternative retail electric supplier | 3 | | shall obtain consent to enter multi-unit residential | 4 | | dwellings. Consent obtained to enter a multi-unit dwelling | 5 | | from one prospective customer or occupant of the dwelling | 6 | | shall not constitute consent to market to any other | 7 | | prospective consumers without separate consent. | 8 | | (3) An alternative retail electric supplier who | 9 | | contacts consumers by telephone for the purpose of selling | 10 | | electric power and energy service shall provide the | 11 | | agent's name and identification number. Any telemarketing | 12 | | solicitations that lead to a telephone enrollment of a | 13 | | consumer must be recorded and retained for a minimum of 2 | 14 | | years. All telemarketing calls of consumers that do not | 15 | | lead to a telephone enrollment, but last at least 2 | 16 | | minutes, shall be recorded and retained for a minimum of 6 | 17 | | months. | 18 | | (4) During an inbound enrollment call, an alternative | 19 | | retail electric supplier shall state that he or she | 20 | | represents an independent seller of electric power and | 21 | | energy service certified by the Illinois Commerce | 22 | | Commission. All inbound enrollment calls that lead to an | 23 | | enrollment shall be recorded, and the recordings shall be | 24 | | retained for a minimum of 2 years. An inbound enrollment | 25 | | call that does not lead to an enrollment, but lasts at | 26 | | least 2 minutes, shall be retained for a minimum of 6 |
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| 1 | | months. The alternative retail electric supplier shall | 2 | | send the Uniform Disclosure Statement and contract to the | 3 | | customer within 3 business days after the electric | 4 | | utility's confirmation to the alternative retail electric | 5 | | supplier of an accepted enrollment. | 6 | | (5) If a direct mail solicitation to a consumer | 7 | | includes a written letter of agency, it shall include the | 8 | | Uniform Disclosure Statement described in 83 Ill. Adm. | 9 | | Code 412.115 and 412.Appendix A. The Uniform Disclosure | 10 | | Statement shall be provided on a separate page from the | 11 | | other marketing materials included in the direct mail | 12 | | solicitation. If a written letter of agency is being used | 13 | | to authorize a consumer's enrollment, the written letter | 14 | | of agency shall comply with this Section. A copy of the | 15 | | contract must be sent to consumer within 3 business days | 16 | | after the electric utility's confirmation to the | 17 | | alternative retail electric supplier of an accepted | 18 | | enrollment. | 19 | | (6) Online Solicitation. | 20 | | (A) Each alternative retail electric supplier | 21 | | offering electric power and energy service to | 22 | | consumers online shall clearly and conspicuously make | 23 | | all disclosures for any services offered through | 24 | | online enrollment before requiring the consumer to | 25 | | enter any personal information other than zip code, | 26 | | electric utility service territory, or type of service |
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| 1 | | sought. | 2 | | (B) Notwithstanding any requirements in this | 3 | | Section to the contrary, an alternative retail | 4 | | electric supplier may secure consent from the consumer | 5 | | to obtain customer-specific billing and usage | 6 | | information for the sole purpose of determining and | 7 | | pricing a product through a letter of agency or method | 8 | | approved through an Illinois Commerce Commission | 9 | | docket before making all disclosure for services | 10 | | offered through online enrollment. It is a violation | 11 | | of this Act for an alternative retail electric | 12 | | supplier to use a consumer's utility account number to | 13 | | execute or change a consumer's enrollment unless the | 14 | | consumer expressly consents to that enrollment as | 15 | | required by law. | 16 | | (C) The enrollment website of the alternative | 17 | | retail electric supplier shall, at a minimum, include: | 18 | | (i) disclosure of all material terms and conditions of | 19 | | the offer; (ii) a statement that electronic acceptance | 20 | | of the terms and conditions is an agreement to | 21 | | initiate service and begin enrollment; (iii) a | 22 | | statement that the consumer shall review the contract | 23 | | or contact the current supplier to learn if any early | 24 | | termination fees are applicable; and (iv) an email | 25 | | address and toll-free phone number of the alternative | 26 | | retail electric supplier where the customer can |
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| 1 | | express a decision to rescind the contract. | 2 | | (7)(A) Beginning January 1, 2020, an alternative | 3 | | retail electric supplier shall not sell or offer to sell | 4 | | any products or services to a consumer pursuant to a | 5 | | contract in which the contract automatically renews, | 6 | | unless an alternative retail electric supplier provides to | 7 | | the consumer at the outset of the offer, in addition to | 8 | | other disclosures required by law, a separate written | 9 | | statement titled "Automatic Contract Renewal" that clearly | 10 | | and conspicuously discloses in bold lettering in at least | 11 | | 12-point font the terms and conditions of the automatic | 12 | | contract renewal provision, including: (i) the estimated | 13 | | bill cycle on which the initial contract term expires and | 14 | | a statement that it could be later based on when the | 15 | | utility accepts the initial enrollment; (ii) the estimated | 16 | | bill cycle on which the new contract term begins and a | 17 | | statement that it will immediately follow the last billing | 18 | | cycle of the current term; (iii) the procedure to | 19 | | terminate the contract before the new contract term | 20 | | applies; and (iv) the cancellation procedure. If the | 21 | | alternative retail electric supplier sells or offers to | 22 | | sell the products or services to a consumer during an | 23 | | in-person solicitation or telemarketing solicitation, the | 24 | | disclosures described in this subparagraph (A) shall also | 25 | | be made to the consumer verbally during the solicitation. | 26 | | Nothing in this subparagraph (A) shall be construed to |
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| 1 | | apply to contracts entered into before January 1, 2020. | 2 | | (B) At least 30 days before, but not more than 60 | 3 | | days prior, to the end of the initial contract term, in | 4 | | any and all contracts that automatically renew after | 5 | | the initial term, the alternative retail electric | 6 | | supplier shall send, in addition to other disclosures | 7 | | required by law, a separate written notice of the | 8 | | contract renewal to the consumer that clearly and | 9 | | conspicuously discloses the following: | 10 | | (i) a statement printed or visible from the | 11 | | outside of the envelope or in the subject line of | 12 | | the email, if the customer has agreed to receive | 13 | | official documents by email, that states "Contract | 14 | | Renewal Notice"; | 15 | | (ii) a statement in bold lettering, in at | 16 | | least 12-point font, that the contract will | 17 | | automatically renew unless the customer cancels | 18 | | it; | 19 | | (iii) the billing cycle in which service under | 20 | | the current term will expire; | 21 | | (iv) the billing cycle in which service under | 22 | | the new term will begin; | 23 | | (v) the process and options available to the | 24 | | consumer to reject the new contract terms; | 25 | | (vi) the cancellation process if the | 26 | | consumer's contract automatically renews before |
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| 1 | | the consumer rejects the new contract terms; | 2 | | (vii) the terms and conditions of the new | 3 | | contract term; | 4 | | (viii) for a fixed rate contract, a | 5 | | side-by-side comparison of the current price and | 6 | | the new price; for a variable rate contract or | 7 | | time-of-use product in which the first month's | 8 | | renewal price can be determined, a side-by-side | 9 | | comparison of the current price and the price for | 10 | | the first month of the new variable or time-of-use | 11 | | price; or for a variable or time-of-use contract | 12 | | based on a publicly available index, a | 13 | | side-by-side comparison of the current formula and | 14 | | the new formula; and | 15 | | (ix) the phone number and Internet email | 16 | | address to submit a consumer inquiry or complaint | 17 | | to the Illinois Commerce Commission and the Office | 18 | | of the Attorney General. | 19 | | (C) An alternative retail electric supplier shall | 20 | | not automatically renew a consumer's enrollment after | 21 | | the current term of the contract expires when the | 22 | | current term of the contract provides that the | 23 | | consumer will be charged a fixed rate and the renewed | 24 | | contract provides that the consumer will be charged a | 25 | | variable rate, unless: (i) the alternative retail | 26 | | electric supplier complies with subparagraphs (A) and |
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| 1 | | (B); and (ii) the customer expressly consents to the | 2 | | contract renewal in writing or by electronic signature | 3 | | at least 30 days, but no more than 60 days, before the | 4 | | contract expires. | 5 | | (D) This paragraph (7) does not apply to customers | 6 | | enrolled in a municipal aggregation program pursuant | 7 | | to Section 1-92 of the Illinois Power Agency Act. | 8 | | (8) All in-person and telephone solicitations shall be | 9 | | conducted in, translated into, and provided in a language | 10 | | in which the consumer subject to the marketing or | 11 | | solicitation is able to understand and communicate. An | 12 | | alternative retail electric supplier shall terminate a | 13 | | solicitation if the consumer subject to the marketing or | 14 | | communication is unable to understand and communicate in | 15 | | the language in which the marketing or solicitation is | 16 | | being conducted. An alternative retail electric supplier | 17 | | shall comply with Section 2N of this Act. | 18 | | (9) Beginning January 1, 2020, consumers shall have | 19 | | the right to terminate their contract with the alternative | 20 | | retail electric supplier at any time without any | 21 | | termination fees or penalties. | 22 | | (10) An alternative retail electric supplier shall not | 23 | | submit a change to a customer's electric service provider | 24 | | in violation of Section 16-115E of the Public Utilities | 25 | | Act. | 26 | | (d) (c) Complaints may be filed with the Illinois Commerce |
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| 1 | | Commission under this Section by a consumer whose electric | 2 | | service has been provided by an alternative retail electric | 3 | | supplier in a manner not in compliance with this Section or by | 4 | | the Illinois Commerce Commission on its own motion when it | 5 | | appears to the Commission that an alternative retail electric | 6 | | supplier has provided service in a manner not in compliance | 7 | | with this Section. If, after notice and hearing, the | 8 | | Commission finds that an alternative retail electric supplier | 9 | | has violated this Section, the Commission may in its | 10 | | discretion do any one or more of the following: | 11 | | (1) Require the violating alternative retail electric | 12 | | supplier to refund to the consumer charges collected in | 13 | | excess of those that would have been charged by the | 14 | | consumer's authorized electric service provider. | 15 | | (2) Require the violating alternative retail electric | 16 | | supplier to pay to the consumer's authorized electric | 17 | | service provider the amount the authorized electric | 18 | | service provider would have collected for the electric | 19 | | service. The Commission is authorized to reduce this | 20 | | payment by any amount already paid by the violating | 21 | | alternative retail electric supplier to the consumer's | 22 | | authorized provider for electric service. | 23 | | (3) Require the violating alternative retail electric | 24 | | supplier to pay a fine of up to $10,000 $1,000 into the | 25 | | Public Utility Fund for each repeated and intentional | 26 | | violation of this Section. |
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| 1 | | (4) Issue a cease and desist order. | 2 | | (5) For a pattern of violation of this Section or for | 3 | | violations that continue after intentionally violating a | 4 | | cease and desist order, revoke the violating alternative | 5 | | retail electric supplier's certificate of service | 6 | | authority.
| 7 | | (e) (d) For purposes of this
Section: | 8 | | "Electric service provider"
shall have the meaning given | 9 | | that phrase in
Section 6.5 of the
Attorney General Act.
| 10 | | "Alternative retail electric supplier" has the meaning | 11 | | given to that term in Section 16-102 of the Public Utilities | 12 | | Act. | 13 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 14 | | (815 ILCS 505/2DDD) | 15 | | Sec. 2DDD. Alternative gas suppliers. | 16 | | (a) Definitions. | 17 | | (1) "Alternative gas supplier" has the same meaning as | 18 | | in Section 19-105 of the Public Utilities Act. | 19 | | (2) "Gas utility" has the same meaning as in Section | 20 | | 19-105 of the Public Utilities Act. | 21 | | (b) It is an unfair or deceptive act or practice within the | 22 | | meaning of Section 2 of this Act for any person to violate any | 23 | | provision of this Section. | 24 | | (c) Solicitation. | 25 | | (1) An alternative gas supplier shall not utilize the |
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| 1 | | name of a public utility in any manner that is deceptive or | 2 | | misleading, including, but not limited to, implying or | 3 | | otherwise leading a customer to believe that an | 4 | | alternative gas supplier is soliciting on behalf of or is | 5 | | an agent of a utility. An alternative gas supplier shall | 6 | | not utilize the name, or any other identifying insignia, | 7 | | graphics, or wording, that has been used at any time to | 8 | | represent a public utility company or its services or to | 9 | | identify, label, or define any of its natural gas supply | 10 | | offers and shall not misrepresent the affiliation of any | 11 | | alternative supplier with the gas utility, governmental | 12 | | bodies, or consumer groups. | 13 | | (2) If any sales solicitation, agreement, contract, or | 14 | | verification is translated into another language and | 15 | | provided to a customer, all of the documents must be | 16 | | provided to the customer in that other language. | 17 | | (2.3) An alternative gas supplier shall state that it | 18 | | represents an independent seller of gas certified by the | 19 | | Illinois Commerce Commission and that he or she is not | 20 | | employed by, representing, endorsed by, or acting on | 21 | | behalf of a utility, or a utility program. | 22 | | (2.5) All in-person and telephone solicitations shall | 23 | | be conducted in, translated into, and provided in a | 24 | | language in which the consumer subject to the marketing or | 25 | | solicitation is able to understand and communicate. An | 26 | | alternative gas supplier shall terminate a solicitation if |
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| 1 | | the consumer subject to the marketing or communication is | 2 | | unable to understand and communicate in the language in | 3 | | which the marketing or solicitation is being conducted. An | 4 | | alternative gas supplier shall comply with Section 2N of | 5 | | this Act. | 6 | | (3) An alternative gas supplier shall clearly and | 7 | | conspicuously disclose the following information to all | 8 | | customers: | 9 | | (A) the prices, terms, and conditions of the | 10 | | products and services being sold to the customer; | 11 | | (B) where the solicitation occurs in person, | 12 | | including through door-to-door solicitation, the | 13 | | salesperson's name; | 14 | | (C) the alternative gas supplier's contact | 15 | | information, including the address, phone number, and | 16 | | website; | 17 | | (D) contact information for the Illinois Commerce | 18 | | Commission, including the toll-free number for | 19 | | consumer complaints and website; | 20 | | (E) a statement of the customer's right to rescind | 21 | | the offer within 10 business days of the date on the | 22 | | utility's notice confirming the customer's decision to | 23 | | switch suppliers, as well as phone numbers for the | 24 | | supplier and utility that the consumer may use to | 25 | | rescind the contract; | 26 | | (F) the amount of the early termination fee, if |
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| 1 | | any; and | 2 | | (G) the utility gas supply cost rates per therm | 3 | | price available from the Illinois Commerce Commission | 4 | | website applicable at the time the alternative gas | 5 | | supplier is offering or selling the products or | 6 | | services to the customer and shall disclose the | 7 | | following statement: | 8 | | "(Name of the alternative gas supplier) is not the | 9 | | same entity as your gas delivery company. You are not | 10 | | required to enroll with (name of alternative retail | 11 | | gas supplier). Beginning on (effective date), the | 12 | | utility gas supply cost rate per therm is (cost). The | 13 | | utility gas supply cost will expire on (expiration | 14 | | date). For more information go to the Illinois | 15 | | Commerce Commission's free website at | 16 | | www.icc.illinois.gov/ags/consumereducation.aspx.". | 17 | | (4) Except as provided in paragraph (5) of this | 18 | | subsection (c), an alternative gas supplier shall send the | 19 | | information described in paragraph (3) of this subsection | 20 | | (c) to all customers within one business day of the | 21 | | authorization of a switch. | 22 | | (5) An alternative gas supplier engaging in | 23 | | door-to-door solicitation of consumers shall provide the | 24 | | information described in paragraph (3) of this subsection | 25 | | (c) during all door-to-door solicitations that result in a | 26 | | customer deciding to switch his or her supplier. |
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| 1 | | (d) Customer Authorization. An alternative gas supplier | 2 | | shall not submit or execute a change in a customer's selection | 3 | | of a natural gas provider unless and until : (i) the | 4 | | alternative gas supplier first discloses all material terms | 5 | | and conditions of the offer to the customer; (ii) the | 6 | | alternative gas supplier has obtained the customer's express | 7 | | agreement to accept the offer after the disclosure of all | 8 | | material terms and conditions of the offer; and (iii) the | 9 | | alternative gas supplier has confirmed the request for a | 10 | | change in accordance with one of the following procedures: | 11 | | (1) The alternative gas supplier has obtained the | 12 | | customer's written or electronically signed authorization | 13 | | in a form that meets the following requirements: | 14 | | (A) An alternative gas supplier shall obtain any | 15 | | necessary written or electronically signed | 16 | | authorization from a customer for a change in natural | 17 | | gas service by using a letter of agency as specified in | 18 | | this Section. Any letter of agency that does not | 19 | | conform with this Section is invalid. | 20 | | (B) The letter of agency shall be a separate | 21 | | document (or an easily separable document containing | 22 | | only the authorization language described in item (E) | 23 | | of this paragraph (1)) whose sole purpose is to | 24 | | authorize a natural gas provider change. The letter of | 25 | | agency must be signed and dated by the customer | 26 | | requesting the natural gas provider change. |
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| 1 | | (C) The letter of agency shall not be combined | 2 | | with inducements of any kind on the same document. | 3 | | (D) Notwithstanding items (A) and (B) of this | 4 | | paragraph (1), the letter of agency may be combined | 5 | | with checks that contain only the required letter of | 6 | | agency language prescribed in item (E) of this | 7 | | paragraph (1) and the necessary information to make | 8 | | the check a negotiable instrument. The letter of | 9 | | agency check shall not contain any promotional | 10 | | language or material. The letter of agency check shall | 11 | | contain in easily readable, bold face type on the face | 12 | | of the check, a notice that the consumer is | 13 | | authorizing a natural gas provider change by signing | 14 | | the check. The letter of agency language also shall be | 15 | | placed near the signature line on the back of the | 16 | | check. | 17 | | (E) At a minimum, the letter of agency must be | 18 | | printed with a print of sufficient size to be clearly | 19 | | legible, and must contain clear and unambiguous | 20 | | language that confirms: | 21 | | (i) the customer's billing name and address; | 22 | | (ii) the decision to change the natural gas | 23 | | provider from the current provider to the | 24 | | prospective alternative gas supplier; | 25 | | (iii) the terms, conditions, and nature of the | 26 | | service to be provided to the customer, including, |
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| 1 | | but not limited to, the rates for the service | 2 | | contracted for by the customer; and | 3 | | (iv) that the customer understands that any | 4 | | natural gas provider selection the customer | 5 | | chooses may involve a charge to the customer for | 6 | | changing the customer's natural gas provider. | 7 | | (F) Letters of agency shall not suggest or require | 8 | | that a customer take some action in order to retain the | 9 | | customer's current natural gas provider. | 10 | | (G) If any portion of a letter of agency is | 11 | | translated into another language, then all portions of | 12 | | the letter of agency must be translated into that | 13 | | language. | 14 | | (2) An appropriately qualified independent third party | 15 | | has obtained, in accordance with the procedures set forth | 16 | | in this paragraph (2), the customer's oral authorization | 17 | | to change natural gas providers that confirms and includes | 18 | | appropriate verification data. The independent third party | 19 | | must : (i) not be owned, managed, controlled, or directed | 20 | | by the alternative gas supplier or the alternative gas | 21 | | supplier's marketing agent; (ii) not have any financial | 22 | | incentive to confirm provider change requests for the | 23 | | alternative gas supplier or the alternative gas supplier's | 24 | | marketing agent; and (iii) operate in a location | 25 | | physically separate from the alternative gas supplier or | 26 | | the alternative gas supplier's marketing agent. Automated |
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| 1 | | third-party verification systems and 3-way conference | 2 | | calls may be used for verification purposes so long as the | 3 | | other requirements of this paragraph (2) are satisfied. An | 4 | | alternative gas supplier or alternative gas supplier's | 5 | | sales representative initiating a 3-way conference call or | 6 | | a call through an automated verification system must drop | 7 | | off the call once the 3-way connection has been | 8 | | established. All third-party verification methods shall | 9 | | elicit, at a minimum, the following information: | 10 | | (A) the identity of the customer; | 11 | | (B) confirmation that the person on the call is | 12 | | authorized to make the provider change; | 13 | | (C) confirmation that the person on the call wants | 14 | | to make the provider change; | 15 | | (D) the names of the providers affected by the | 16 | | change; | 17 | | (E) the service address of the service to be | 18 | | switched; and | 19 | | (F) the price of the service to be provided and the | 20 | | material terms and conditions of the service being | 21 | | offered, including whether any early termination fees | 22 | | apply. | 23 | | Third-party verifiers may not market the alternative | 24 | | gas supplier's services. All third-party verifications | 25 | | shall be conducted in the same language that was used in | 26 | | the underlying sales transaction and shall be recorded in |
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| 1 | | their entirety. Submitting alternative gas suppliers shall | 2 | | maintain and preserve audio records of verification of | 3 | | customer authorization for a minimum period of 2 years | 4 | | after obtaining the verification. Automated systems must | 5 | | provide customers with an option to speak with a live | 6 | | person at any time during the call. Each disclosure made | 7 | | during the third-party verification must be made | 8 | | individually to obtain clear acknowledgment of each | 9 | | disclosure. The alternative gas supplier must be in a | 10 | | location where he or she cannot hear the customer while | 11 | | the third-party verification is conducted. The alternative | 12 | | gas supplier shall not contact the customer after the | 13 | | third-party verification for a period of 24 hours unless | 14 | | the customer initiates the contact. | 15 | | (3) The alternative gas supplier has obtained the | 16 | | customer's electronic authorization to change natural gas | 17 | | service via telephone. Such authorization must elicit the | 18 | | information in subparagraphs (A) through (F) of paragraph | 19 | | (2) of this subsection (d). Alternative gas suppliers | 20 | | electing to confirm sales electronically shall establish | 21 | | one or more toll-free telephone numbers exclusively for | 22 | | that purpose. Calls to the number or numbers shall connect | 23 | | a customer to a voice response unit, or similar mechanism, | 24 | | that makes a date-stamped, time-stamped recording of the | 25 | | required information regarding the alternative gas | 26 | | supplier change. |
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| 1 | | The alternative gas supplier shall not use such | 2 | | electronic authorization systems to market its services. | 3 | | (4) When a consumer initiates the call to the | 4 | | prospective alternative gas supplier, in order to enroll | 5 | | the consumer as a customer, the prospective alternative | 6 | | gas supplier must, with the consent of the customer, make | 7 | | a date-stamped, time-stamped audio recording that elicits, | 8 | | at a minimum, the following information: | 9 | | (A) the identity of the customer; | 10 | | (B) confirmation that the person on the call is | 11 | | authorized to make the provider change; | 12 | | (C) confirmation that the person on the call wants | 13 | | to make the provider change; | 14 | | (D) the names of the providers affected by the | 15 | | change; | 16 | | (E) the service address of the service to be | 17 | | switched; and | 18 | | (F) the price of the service to be supplied and the | 19 | | material terms and conditions of the service being | 20 | | offered, including whether any early termination fees | 21 | | apply. | 22 | | Submitting alternative gas suppliers shall maintain | 23 | | and preserve the audio records containing the information | 24 | | set forth above for a minimum period of 2 years. | 25 | | (5) In the event that a customer enrolls for service | 26 | | from an alternative gas supplier via an Internet website, |
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| 1 | | the alternative gas supplier shall obtain an | 2 | | electronically signed letter of agency in accordance with | 3 | | paragraph (1) of this subsection (d) and any customer | 4 | | information shall be protected in accordance with all | 5 | | applicable statutes and rules. In addition, an alternative | 6 | | gas supplier shall provide the following when marketing | 7 | | via an Internet website: | 8 | | (A) The Internet enrollment website shall, at a | 9 | | minimum, include: | 10 | | (i) a copy of the alternative gas supplier's | 11 | | customer contract, which clearly and conspicuously | 12 | | discloses all terms and conditions; and | 13 | | (ii) a conspicuous prompt for the customer to | 14 | | print or save a copy of the contract. | 15 | | (B) Any electronic version of the contract shall | 16 | | be identified by version number, in order to ensure | 17 | | the ability to verify the particular contract to which | 18 | | the customer assents. | 19 | | (C) Throughout the duration of the alternative gas | 20 | | supplier's contract with a customer, the alternative | 21 | | gas supplier shall retain and, within 3 business days | 22 | | of the customer's request, provide to the customer an | 23 | | email e-mail , paper, or facsimile of the terms and | 24 | | conditions of the numbered contract version to which | 25 | | the customer assents. | 26 | | (D) The alternative gas supplier shall provide a |
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| 1 | | mechanism by which both the submission and receipt of | 2 | | the electronic letter of agency are recorded by time | 3 | | and date. | 4 | | (E) After the customer completes the electronic | 5 | | letter of agency, the alternative gas supplier shall | 6 | | disclose conspicuously through its website that the | 7 | | customer has been enrolled and the alternative gas | 8 | | supplier shall provide the customer an enrollment | 9 | | confirmation number. | 10 | | (6) When a customer is solicited in person by the | 11 | | alternative gas supplier's sales agent, the alternative | 12 | | gas supplier may only obtain the customer's authorization | 13 | | to change natural gas service through the method provided | 14 | | for in paragraph (2) of this subsection (d). | 15 | | Alternative gas suppliers must be in compliance with the | 16 | | provisions of this subsection (d) within 90 days after April | 17 | | 10, 2009 (the effective date of Public Act 95-1051). | 18 | | (e) Early Termination. | 19 | | (1) Beginning January 1, 2020, consumers shall have | 20 | | the right to terminate their contract with an alternative | 21 | | gas supplier at any time without any termination fees or | 22 | | penalties. | 23 | | (2) 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 within 10 |
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| 1 | | business days after the date of the first bill issued to | 2 | | the customer for products or services provided by the | 3 | | alternative gas supplier. The agreement shall disclose the | 4 | | opportunity and provide a toll-free phone number that the | 5 | | customer may call in order to terminate the agreement. | 6 | | (f) The alternative gas supplier shall provide each | 7 | | customer the opportunity to rescind its agreement without | 8 | | penalty within 10 business days after the date on the gas | 9 | | utility notice to the customer. The alternative gas supplier | 10 | | shall disclose to the customer all of the following: | 11 | | (1) that the gas utility shall send a notice | 12 | | confirming the switch; | 13 | | (2) that from the date the utility issues the notice | 14 | | confirming the switch, the customer shall have 10 business | 15 | | days before the switch will become effective; | 16 | | (3) that the customer may contact the gas utility or | 17 | | the alternative gas supplier to rescind the switch within | 18 | | 10 business days; and | 19 | | (4) the contact information for the gas utility and | 20 | | the alternative gas supplier. | 21 | | The alternative gas supplier disclosure shall be included | 22 | | in its sales solicitations, contracts, and all applicable | 23 | | sales verification scripts. | 24 | | (f-5)(1) Beginning January 1, 2020, an alternative gas | 25 | | supplier shall not sell or offer to sell any products or | 26 | | services to a consumer pursuant to a contract in which the |
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| 1 | | contract automatically renews, unless an alternative gas | 2 | | supplier provides to the consumer at the outset of the offer, | 3 | | in addition to other disclosures required by law, a separate | 4 | | written statement titled "Automatic Contract Renewal" that | 5 | | clearly and conspicuously discloses in bold lettering in at | 6 | | least 12-point font the terms and conditions of the automatic | 7 | | contract renewal provision, including: (i) the estimated bill | 8 | | cycle on which the initial contract term expires and a | 9 | | statement that it could be later based on when the utility | 10 | | accepts the initial enrollment; (ii) the estimated bill cycle | 11 | | on which the new contract term begins and a statement that it | 12 | | will immediately follow the last billing cycle of the current | 13 | | term; (iii) the procedure to terminate the contract before the | 14 | | new contract term applies; and (iv) the cancellation | 15 | | procedure. If the alternative gas supplier sells or offers to | 16 | | sell the products or services to a consumer during an | 17 | | in-person solicitation or telemarketing solicitation, the | 18 | | disclosures described in this paragraph (1) shall also be made | 19 | | to the consumer verbally during the solicitation. Nothing in | 20 | | this paragraph (1) shall be construed to apply to contracts | 21 | | entered into before January 1, 2020. | 22 | | (2) At least 30 days before, but not more than 60 days | 23 | | prior, to the end of the initial contract term, in any and all | 24 | | contracts that automatically renew after the initial term, the | 25 | | alternative gas supplier shall send, in addition to other | 26 | | disclosures required by law, a separate written notice of the |
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| 1 | | contract renewal to the consumer that clearly and | 2 | | conspicuously discloses the following: | 3 | | (A) a statement printed or visible from the outside of | 4 | | the envelope or in the subject line of the email, if the | 5 | | customer has agreed to receive official documents by | 6 | | email, that states "Contract Renewal Notice"; | 7 | | (B) a statement in bold lettering, in at least | 8 | | 12-point font, that the contract will automatically renew | 9 | | unless the customer cancels it; | 10 | | (C) the billing cycle in which service under the | 11 | | current term will expire; | 12 | | (D) the billing cycle in which service under the new | 13 | | term will begin; | 14 | | (E) the process and options available to the consumer | 15 | | to reject the new contract terms; | 16 | | (F) the cancellation process if the consumer's | 17 | | contract automatically renews before the consumer rejects | 18 | | the new contract terms; | 19 | | (G) the terms and conditions of the new contract term; | 20 | | (H) for a fixed rate or flat bill contract, a | 21 | | side-by-side comparison of the current fixed rate or flat | 22 | | bill to the new fixed rate or flat bill; for a variable | 23 | | rate contract or time-of-use product in which the first | 24 | | month's renewal price can be determined, a side-by-side | 25 | | comparison of the current price and the price for the | 26 | | first month of the new variable or time-of-use price; or |
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| 1 | | for a variable or time-of-use contract based on a publicly | 2 | | available index, a side-by-side comparison of the current | 3 | | formula and the new formula; and | 4 | | (I) the phone number and Internet email address to | 5 | | submit a consumer inquiry or complaint to the Illinois | 6 | | Commerce Commission and the Office of the Attorney | 7 | | General. | 8 | | (3) An alternative gas supplier shall not automatically | 9 | | renew a consumer's enrollment after the current term of the | 10 | | contract expires when the current term of the contract | 11 | | provides that the consumer will be charged a fixed rate and the | 12 | | renewed contract provides that the consumer will be charged a | 13 | | variable rate, unless: (i) the alternative gas supplier | 14 | | complies with paragraphs (1) and (2); and (ii) the customer | 15 | | expressly consents to the contract renewal in writing or by | 16 | | electronic signature at least 30 days, but no more than 60 | 17 | | days, before the contract expires. | 18 | | (4) An alternative gas supplier shall not submit a change | 19 | | to a customer's gas service provider in violation of Section | 20 | | 19-116 of the Public Utilities Act. | 21 | | (g) The provisions of this Section shall apply only to | 22 | | alternative gas suppliers serving or seeking to serve | 23 | | residential and small commercial customers and only to the | 24 | | extent such alternative gas suppliers provide services to | 25 | | residential and small commercial customers.
| 26 | | (h) Complaints may be filed with the Commission under this |
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| 1 | | Section by a consumer whose gas service has been provided by an | 2 | | alternative retail gas supplier in a manner not in compliance | 3 | | with this Section or by the Commission on its own motion when | 4 | | it appears to the Commission that an alternative retail gas | 5 | | supplier has provided service in a manner not in compliance | 6 | | with this Section. If, after notice and hearing, the | 7 | | Commission finds that an alternative retail gas supplier has | 8 | | violated this Section, the Commission may in its discretion do | 9 | | any one or more of the following: | 10 | | (1) require the alternative retail gas supplier to | 11 | | refund to the consumer charges collected in excess of | 12 | | those that would have been charged by the consumer's | 13 | | authorized gas service provider; | 14 | | (2) require the alternative retail gas supplier to pay | 15 | | to the consumer's authorized gas service provider the | 16 | | amount the authorized gas service provider would have | 17 | | collected for the gas service. The Commission is | 18 | | authorized to reduce this payment by any amount already | 19 | | paid by the alternative retail gas to the consumer's | 20 | | authorized provider for gas service; | 21 | | (3) require the alternative retail electric supplier | 22 | | to pay a fine of up to $10,000 per occurrence into the | 23 | | Public Utility Fund for each violation of this Section; | 24 | | (4) issue a cease and desist order; and | 25 | | (5) for a pattern of violation of this Section or for | 26 | | violations that continue after a cease and desist order, |
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| 1 | | revoke the alternative retail gas supplier's certificate | 2 | | of service authority. | 3 | | (Source: P.A. 101-590, eff. 1-1-20; 102-558, eff. 8-20-21.)".
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