(220 ILCS 5/18-109)
Sec. 18-109.
Actions with respect to intangible
transition property and related instrument
funding charges.
(a) Notwithstanding any other provision of this Act or
other law, any electric utility, issuer, assignee, grantee or
holder shall be expressly permitted hereby to bring action
against a retail customer or other person for nonpayment of
any instrument funding charges constituting a part of the
intangible transition property then held by such electric
utility, issuer, assignee, grantee or holder.
Notwithstanding any other provision of this Act, any such action shall be
subject to any and all applicable consumer credit protection laws and other
laws relating to origination, collection and reporting of consumer credit
obligations.
(b) Notwithstanding any other provision of this Act or
other law, the Commission shall have exclusive jurisdiction
over any dispute arising out of the obligations to impose and
collect instrument funding charges of an electric utility, its
successor or any other entity which provides electric power or
energy or delivery services to a person from whom the electric
utility is authorized to recover transition charges under
Section 16-108. Nothing in this Section shall prevent
holders from bringing any suit in any court or from exercising
any other legal or equitable remedy against an electric
utility for failure to distribute collections of instrument
funding charges from retail customers, classes of retail
customers or other persons or from bringing suit against an
electric utility for damages arising from any failure by such
electric utility to perform the contractual obligations agreed
to by it under any documents pertaining to or executed in
connection with the transitional funding instruments issued by
or on behalf of such electric utility.
(Source: P.A. 90-561, eff. 12-16-97.)
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