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220 ILCS 5/16-103
(220 ILCS 5/16-103)
Service obligations of electric utilities.
(a) An electric utility shall continue offering to
retail customers each tariffed service that it offered as a
distinct and identifiable service on the effective date of
this amendatory Act of 1997 until the service is (i) declared
competitive pursuant to Section 16-113, or (ii) abandoned
pursuant to Section 8-508. Nothing in this subsection shall be
construed as limiting an electric utility's right to propose,
or the Commission's power to approve, allow or order
modifications in the rates, terms and conditions for such
services pursuant to Article IX or Section 16-111 of this Act.
(b) An electric utility shall also offer, as tariffed
services, delivery services in accordance with this Article,
the power purchase options described in Section 16-110 and
real-time pricing as provided in Section 16-107.
(c) Notwithstanding any other provision of this Article,
each electric utility shall continue offering to all
residential customers and to all small commercial retail
customers in its service area, as a tariffed service, bundled electric power
energy delivered to the customer's premises consistent with
the bundled utility service provided by the electric utility
on the effective date of this amendatory Act of 1997. Upon
declaration of the provision of electric power and energy as
competitive, the electric utility shall continue to offer to
such customers, as a tariffed service, bundled service options
at rates which reflect recovery of all cost components for
providing the service. For those components of the service
which have been declared competitive, cost shall be the market
based prices. Market based prices as referred to herein shall
mean, for electric power and energy, either (i) those prices
for electric power and energy determined as provided in
Section 16-112, or (ii) the electric utility's cost of
obtaining the electric power and energy at wholesale through a
competitive bidding or other arms-length acquisition process.
(d) Any residential or small commercial retail customer
which elects delivery services is entitled to return to the
electric utility's bundled utility tariffed service offering
provided in accordance with subsection (c) of this Section
upon payment of a reasonable administrative fee which shall be
set forth in the tariff. Notwithstanding any other obligation of an electric utility in this Section: (1) if the residential or small commercial customer has not elected delivery services within 2 billing cycles after returning to the electric utility's bundled utility tariffed service offering, then the electric utility shall be entitled, but not required, to impose the condition that such customer may not elect delivery services for up to 12 months after the date on which the customer returned to bundled utility tariffed service and (2) the electric utility shall be entitled, but not required, to impose the condition that a customer who has left delivery service for the electric utility's bundled service not be permitted to return to the same alternative retail electric supplier within up to 2 billing cycles after the customer returned to bundled utility tariffed service other than in situations, including, but not limited to, where the return was in error, inadvertent, or the result of any other unintended operational consequence.
(e) The Commission shall not require an electric utility
to offer any tariffed service other than the services required
by this Section, and shall not require an electric utility to
offer any competitive service.
(Source: P.A. 99-250, eff. 8-3-15.)