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Illinois Compiled Statutes
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UTILITIES (220 ILCS 5/) Public Utilities Act. 220 ILCS 5/16-111.5B (220 ILCS 5/16-111.5B) Sec. 16-111.5B. Provisions relating to energy efficiency procurement. (a) Procurement plans prepared and filed pursuant to Section 16-111.5 of this Act during the years 2012 through 2015 shall be subject to the following additional requirements: (1) The analysis included pursuant to paragraph (2) | | of subsection (b) of Section 16-111.5 shall also include the impact of energy efficiency building codes or appliance standards, both current and projected.
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| (2) The procurement plan components described in
| | subsection (b) of Section 16-111.5 shall also include an assessment of opportunities to expand the programs promoting energy efficiency measures that have been offered under plans approved pursuant to Section 8-103 of this Act or to implement additional cost-effective energy efficiency programs or measures.
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| (3) In addition to the information provided pursuant
| | to paragraph (1) of subsection (d) of Section 16-111.5 of this Act, each Illinois utility procuring power pursuant to that Section shall annually provide to the Illinois Power Agency by July 15 of each year, or such other date as may be required by the Commission or Agency, an assessment of cost-effective energy efficiency programs or measures that could be included in the procurement plan. The assessment shall include the following:
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| (A) A comprehensive energy efficiency potential
| | study for the utility's service territory that was completed within the past 3 years.
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| (B) Beginning in 2014, the most recent analysis
| | submitted pursuant to Section 8-103A of this Act and approved by the Commission under subsection (f) of Section 8-103 of this Act.
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| (C) Identification of new or expanded
| | cost-effective energy efficiency programs or measures that are incremental to those included in energy efficiency and demand-response plans approved by the Commission pursuant to Section 8-103 of this Act and that would be offered to all retail customers whose electric service has not been declared competitive under Section 16-113 of this Act and who are eligible to purchase power and energy from the utility under fixed-price bundled service tariffs, regardless of whether such customers actually do purchase such power and energy from the utility.
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| (D) Analysis showing that the new or expanded
| | cost-effective energy efficiency programs or measures would lead to a reduction in the overall cost of electric service.
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| (E) Analysis of how the cost of procuring
| | additional cost-effective energy efficiency measures compares over the life of the measures to the prevailing cost of comparable supply.
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| (F) An energy savings goal, expressed in
| | megawatt-hours, for the year in which the measures will be implemented.
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| (G) For each expanded or new program, the
| | estimated amount that the program may reduce the agency's need to procure supply.
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| In preparing such assessments, a utility shall
| | conduct an annual solicitation process for purposes of requesting proposals from third-party vendors, the results of which shall be provided to the Agency as part of the assessment, including documentation of all bids received. The utility shall develop requests for proposals consistent with the manner in which it develops requests for proposals under plans approved pursuant to Section 8-103 of this Act, which considers input from the Agency and interested stakeholders.
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| (4) The Illinois Power Agency shall include in the
| | procurement plan prepared pursuant to paragraph (2) of subsection (d) of Section 16-111.5 of this Act energy efficiency programs and measures it determines are cost-effective and the associated annual energy savings goal included in the annual solicitation process and assessment submitted pursuant to paragraph (3) of this subsection (a).
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| (5) Pursuant to paragraph (4) of subsection (d) of
| | Section 16-111.5 of this Act, the Commission shall also approve the energy efficiency programs and measures included in the procurement plan, including the annual energy savings goal, if the Commission determines they fully capture the potential for all achievable cost-effective savings, to the extent practicable, and otherwise satisfy the requirements of Section 8-103 of this Act.
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| In the event the Commission approves the procurement
| | of additional energy efficiency, it shall reduce the amount of power to be procured under the procurement plan to reflect the additional energy efficiency and shall direct the utility to undertake the procurement of such energy efficiency, which shall not be subject to the requirements of subsection (e) of Section 16-111.5 of this Act. The utility shall consider input from the Agency and interested stakeholders on the procurement and administration process. The requirements set forth in paragraphs (1) through (5) of this subsection (a) shall terminate after the filing of the procurement plan in 2015, and no energy efficiency shall be procured by the Agency thereafter. Energy efficiency programs approved previously under this Section shall terminate no later than December 31, 2017.
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| (6) An electric utility shall recover its costs
| | incurred under this Section related to the implementation of energy efficiency programs and measures approved by the Commission in its order approving the procurement plan under Section 16-111.5 of this Act, including, but not limited to, all costs associated with complying with this Section and all start-up and administrative costs and the costs for any evaluation, measurement, and verification of the measures, from all retail customers whose electric service has not been declared competitive under Section 16-113 of this Act and who are eligible to purchase power and energy from the utility under fixed-price bundled service tariffs, regardless of whether such customers actually do purchase such power and energy from the utility through the automatic adjustment clause tariff established pursuant to Section 8-103 of this Act, provided, however, that the limitations described in subsection (d) of that Section shall not apply to the costs incurred pursuant to this Section or Section 16-111.7 of this Act.
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| (b) For purposes of this Section, the term "energy efficiency" shall have the meaning set forth in Section 1-10 of the Illinois Power Agency Act, and the term "cost-effective" shall have the meaning set forth in subsection (a) of Section 8-103 of this Act.
(c) The changes to this Section made by this amendatory Act of the 99th General Assembly shall not interfere with existing contracts executed under a Commission order entered under this Section.
(d)(1) For those electric utilities subject to the requirements of Section 8-103B of this Act, the contracts governing the energy efficiency programs and measures approved by the Commission in its order approving the procurement plan for the period June 1, 2016 through May 31, 2017 may be extended through December 31, 2017 so that the energy efficiency programs subject to such contracts and approved in such plan continue to be offered during the period June 1, 2017 through December 31, 2017. Each such utility is authorized to increase, on a pro rata basis, the energy savings goals and budgets approved under this Section to reflect the additional 7 months of implementation of the energy efficiency programs and measures.
(2) If the Illinois Power Agency filed with the Commission, under Section 16-111.5 of this Act, its proposed procurement plan for the period commencing June 1, 2017, and the Commission has not yet entered its final order approving such plan on or before the effective date of this amendatory Act of the 99th General Assembly, then the Illinois Power Agency shall file a notice of withdrawal with the Commission to withdraw the proposed energy efficiency programs to be approved under such plan. Upon receipt of such notice, the Commission shall enter an order that approves the withdrawal of all proposed energy efficiency programs from the plan. The initially proposed energy efficiency programs shall not be approved or be the subject of any further hearing, investigation, proceeding, or order of any kind.
(3) This amendatory Act of the 99th General Assembly preempts and supersedes any order entered by the Commission that approved the Illinois Power Agency's procurement plan for the period commencing June 1, 2017, to the extent inconsistent with the provisions of this amendatory Act of the 99th General Assembly. To the extent any such previously entered order approved energy efficiency programs under this Section, the portion of such order approving such programs shall be void, and the provisions of paragraph (1) of this subsection (d) shall apply.
(Source: P.A. 99-906, eff. 6-1-17 .)
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220 ILCS 5/16-111.6 (220 ILCS 5/16-111.6) Sec. 16-111.6. Termination of utility service to electric space-heating customers. Notwithstanding any other provision of this Act or any other law to the contrary, a public utility that, on December 31, 2005, served more than 100,000 electric customers in Illinois may not, prior to September 1, 2007, terminate electric service to a residential electric space-heating customer for non-payment. For 2007 and every year thereafter, such an electric utility shall not terminate electric service to a residential space-heating customer for non-payment from December 1 through March 31.
(Source: P.A. 95-481, eff. 8-28-07.) |
220 ILCS 5/16-111.7 (220 ILCS 5/16-111.7) Sec. 16-111.7. On-bill financing program; electric utilities. (a) The Illinois General Assembly finds that Illinois homes and businesses have the potential to save energy through conservation and cost-effective energy efficiency measures. Programs created pursuant to this Section will allow utility customers to purchase cost-effective energy efficiency measures, including measures set forth in a Commission-approved energy efficiency and demand-response plan under Section 8-103 or 8-103B of this Act, with no required initial upfront payment, and to pay the cost of those products and services over time on their utility bill. (b) Notwithstanding any other provision of this Act, an electric utility serving more than 100,000 customers on January 1, 2009 shall offer a Commission-approved on-bill financing program ("program") that allows its eligible retail customers, as that term is defined in Section 16-111.5 of this Act, who own a residential single family home, duplex, or other residential building with 4 or less units, or condominium at which the electric service is being provided (i) to borrow funds from a third party lender in order to purchase electric energy efficiency measures approved under the program for installation in such home or condominium without any required upfront payment and (ii) to pay back such funds over time through the electric utility's bill. Based upon the process described in subsection (b-5) of this Section, small commercial customers who own the premises at which electric service is being provided may be included in such program. After receiving a request from an electric utility for approval of a proposed program and tariffs pursuant to this Section, the Commission shall render its decision within 120 days. If no decision is rendered within 120 days, then the request shall be deemed to be approved. Beginning no later than December 31, 2013, an electric utility subject to this subsection (b) shall also offer its program to eligible retail customers that own multifamily residential or mixed-use buildings with no more than 50 residential units, provided, however, that such customers must either be a residential customer or small commercial customer and may not use the program in such a way that repayment of the cost of energy efficiency measures is made through tenants' utility bills. An electric utility may impose a per site loan limit not to exceed $150,000. The program, and loans issued thereunder, shall only be offered to customers of the utility that meet the requirements of this Section and that also have an electric service account at the premises where the energy efficiency measures being financed shall be installed. Beginning no later than 2 years after the effective date of this amendatory Act of the 99th General Assembly, the 50 residential unit limitation described in this paragraph shall no longer apply, and the utility shall replace the per site loan limit of $150,000 with a loan limit that correlates to a maximum monthly payment that does not exceed 50% of the customer's average utility bill over the prior 12-month period. Beginning no later than 2 years after the effective date of this amendatory Act of the 99th General Assembly, an electric utility subject to this subsection (b) shall also offer its program to eligible retail customers that are Unit Owners' Associations, as defined in subsection (o) of Section 2 of the Condominium Property Act, or Master Associations, as defined in subsection (u) of the Condominium Property Act. However, such customers must either be residential customers or small commercial customers and may not use the program in such a way that repayment of the cost of energy efficiency measures is made through unit owners' utility bills. The program and loans issued under the program shall only be offered to customers of the utility that meet the requirements of this Section and that also have an electric service account at the premises where the energy efficiency measures being financed shall be installed. For purposes of this Section, "small commercial customer" means, for an electric utility serving more than 3,000,000 retail customers, those customers having peak demand of less than 100 kilowatts, and, for an electric utility serving less than 3,000,000 retail customers, those customers having peak demand of less than 150 kilowatts; provided, however, that in the event the Commission, after the effective date of this amendatory Act of the 98th General Assembly, approves changes to a utility's tariffs that reflects new or revised demand criteria for the utility's customer rate classifications, then the utility may file a petition with the Commission to revise the applicable definition of a small commercial customer to reflect the new or revised demand criteria for the purposes of this Section. After notice and hearing, the Commission shall enter an order approving, or approving with modification, the revised definition within 60 days after the utility files the petition. (b-5) Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, the Commission shall convene a workshop process during which interested participants may discuss issues related to the program, including program design, eligible electric energy efficiency measures, vendor qualifications, and a methodology for ensuring ongoing compliance with such qualifications, financing, sample documents such as request for proposals, contracts and agreements, dispute resolution, pre-installment and post-installment verification, and evaluation. The workshop process shall be completed within 150 days after the effective date of this amendatory Act of the 96th General Assembly. (c) Not later than 60 days following completion of the workshop process described in subsection (b-5) of this Section, each electric utility subject to subsection (b) of this Section shall submit a proposed program to the Commission that contains the following components: (1) A list of recommended electric energy efficiency | | measures that will be eligible for on-bill financing. An eligible electric energy efficiency measure ("measure") shall be a product or service for which one or more of the following is true:
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| (A) (blank);
(B) the projected electricity savings (determined
| | by rates in effect at the time of purchase) are sufficient to cover the costs of implementing the measures, including finance charges and any program fees not recovered pursuant to subsection (f) of this Section; or
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| (C) the product or service is included in a
| | Commission-approved energy efficiency and demand-response plan under Section 8-103 or 8-103B of this Act.
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| (1.5) Beginning no later than 2 years after the
| | effective date of this amendatory Act of the 99th General Assembly, an eligible electric energy efficiency measure (measure) shall be a product or service that qualifies under subparagraph (B) or (C) of paragraph (1) of this subsection (c) or for which one or more of the following is true:
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| (A) a building energy assessment, performed by an
| | energy auditor who is certified by the Building Performance Institute or who holds a similar certification, has recommended the product or service as likely to be cost effective over the course of its installed life for the building in which the measure is to be installed; or
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| (B) the product or service is necessary to safely
| | or correctly install to code or industry standard an efficiency measure, including, but not limited to, installation work; changes needed to plumbing or electrical connections; upgrades to wiring or fixtures; removal of hazardous materials; correction of leaks; changes to thermostats, controls, or similar devices; and changes to venting or exhaust necessitated by the measure. However, the costs of the product or service described in this subparagraph (B) shall not exceed 25% of the total cost of installing the measure.
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| (2) The electric utility shall issue a request for
| | proposals ("RFP") to lenders for purposes of providing financing to participants to pay for approved measures. The RFP criteria shall include, but not be limited to, the interest rate, origination fees, and credit terms. The utility shall select the winning bidders based on its evaluation of these criteria, with a preference for those bids containing the rates, fees, and terms most favorable to participants;
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| (3) The utility shall work with the lenders selected
| | pursuant to the RFP process, and with vendors, to establish the terms and processes pursuant to which a participant can purchase eligible electric energy efficiency measures using the financing obtained from the lender. The vendor shall explain and offer the approved financing packaging to those customers identified in subsection (b) of this Section and shall assist customers in applying for financing. As part of the process, vendors shall also provide to participants information about any other incentives that may be available for the measures.
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| (4) The lender shall conduct credit checks or
| | undertake other appropriate measures to limit credit risk, and shall review and approve or deny financing applications submitted by customers identified in subsection (b) of this Section. Following the lender's approval of financing and the participant's purchase of the measure or measures, the lender shall forward payment information to the electric utility, and the utility shall add as a separate line item on the participant's utility bill a charge showing the amount due under the program each month.
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| (5) A loan issued to a participant pursuant to the
| | program shall be the sole responsibility of the participant, and any dispute that may arise concerning the loan's terms, conditions, or charges shall be resolved between the participant and lender. Upon transfer of the property title for the premises at which the participant receives electric service from the utility or the participant's request to terminate service at such premises, the participant shall pay in full its electric utility bill, including all amounts due under the program, provided that this obligation may be modified as provided in subsection (g) of this Section. Amounts due under the program shall be deemed amounts owed for residential and, as appropriate, small commercial electric service.
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| (6) The electric utility shall remit payment in full
| | to the lender each month on behalf of the participant. In the event a participant defaults on payment of its electric utility bill, the electric utility shall continue to remit all payments due under the program to the lender, and the utility shall be entitled to recover all costs related to a participant's nonpayment through the automatic adjustment clause tariff established pursuant to Section 16-111.8 of this Act. In addition, the electric utility shall retain a security interest in the measure or measures purchased under the program, and the utility retains its right to disconnect a participant that defaults on the payment of its utility bill.
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| (7) The total outstanding amount financed under the
| | program in this subsection and subsection (c-5) of this Section shall not exceed $2.5 million for an electric utility or electric utilities under a single holding company, provided that the electric utility or electric utilities may petition the Commission for an increase in such amount. Beginning after the effective date of this amendatory Act of the 99th General Assembly, the total maximum outstanding amount financed under the program in this subsection and subsections (c-5) and (c-10) of this Section shall increase by $5,000,000 per year until such time as the total maximum outstanding amount financed reaches $20,000,000. For purposes of this Section, "maximum outstanding amount financed" means the sum of all principal that has been loaned and not yet repaid.
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| (c-5) Within 120 days after the effective date of this amendatory Act of the 98th General Assembly, each electric utility subject to the requirements of this Section shall submit an informational filing to the Commission that describes its plan for implementing the provisions of this amendatory Act of the 98th General Assembly on or before December 31, 2013. Such filing shall also describe how the electric utility shall coordinate its program with any gas utility or utilities that provide gas service to buildings within the electric utility's service territory so that it is practical and feasible for the owner of a multifamily building to make a single application to access loans for both gas and electric energy efficiency measures in any individual building.
(c-10) No later than 365 days after the effective date of this amendatory Act of the 99th General Assembly, each electric utility subject to the requirements of this Section shall submit an informational filing to the Commission that describes its plan for implementing the provisions of this amendatory Act of the 99th General Assembly that were incorporated into this Section. Such filing shall also include the criteria to be used by the program for determining if measures to be financed are eligible electric energy efficiency measures, as defined by paragraph (1.5) of subsection (c) of this Section.
(d) A program approved by the Commission shall also include the following criteria and guidelines for such program:
(1) guidelines for financing of measures installed
| | under a program, including, but not limited to, RFP criteria and limits on both individual loan amounts and the duration of the loans;
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| (2) criteria and standards for identifying and
| | (3) qualifications of vendors that will market or
| | install measures, as well as a methodology for ensuring ongoing compliance with such qualifications;
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| (4) sample contracts and agreements necessary to
| | implement the measures and program; and
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| (5) the types of data and information that utilities
| | and vendors participating in the program shall collect for purposes of preparing the reports required under subsection (g) of this Section.
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| (e) The proposed program submitted by each electric utility shall be consistent with the provisions of this Section that define operational, financial and billing arrangements between and among program participants, vendors, lenders, and the electric utility.
(f) An electric utility shall recover all of the prudently incurred costs of offering a program approved by the Commission pursuant to this Section, including, but not limited to, all start-up and administrative costs and the costs for program evaluation. All prudently incurred costs under this Section shall be recovered from the residential and small commercial retail customer classes eligible to participate in the program through the automatic adjustment clause tariff established pursuant to Section 8-103 or 8-103B of this Act.
(g) An independent evaluation of a program shall be conducted after 3 years of the program's operation. The electric utility shall retain an independent evaluator who shall evaluate the effects of the measures installed under the program and the overall operation of the program, including, but not limited to, customer eligibility criteria and whether the payment obligation for permanent electric energy efficiency measures that will continue to provide benefits of energy savings should attach to the meter location. As part of the evaluation process, the evaluator shall also solicit feedback from participants and interested stakeholders. The evaluator shall issue a report to the Commission on its findings no later than 4 years after the date on which the program commenced, and the Commission shall issue a report to the Governor and General Assembly including a summary of the information described in this Section as well as its recommendations as to whether the program should be discontinued, continued with modification or modifications or continued without modification, provided that any recommended modifications shall only apply prospectively and to measures not yet installed or financed.
(h) An electric utility offering a Commission-approved program pursuant to this Section shall not be required to comply with any other statute, order, rule, or regulation of this State that may relate to the offering of such program, provided that nothing in this Section is intended to limit the electric utility's obligation to comply with this Act and the Commission's orders, rules, and regulations, including Part 280 of Title 83 of the Illinois Administrative Code.
(i) The source of a utility customer's electric supply shall not disqualify a customer from participation in the utility's on-bill financing program. Customers of alternative retail electric suppliers may participate in the program under the same terms and conditions applicable to the utility's supply customers.
(Source: P.A. 98-586, eff. 8-27-13; 99-906, eff. 6-1-17 .)
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220 ILCS 5/16-111.8 (220 ILCS 5/16-111.8)
Sec. 16-111.8. Automatic adjustment clause tariff; uncollectibles.
(a) An electric utility shall be permitted, at its election, to recover through an automatic adjustment clause tariff the incremental difference between its actual uncollectible amount as set forth in Account 904 in the utility's most recent annual FERC Form 1 and the uncollectible amount included in the utility's rates for the period reported in such annual FERC Form 1. The Commission may, in a proceeding to review a general rate case filed subsequent to the effective date of the tariff established under this Section, prospectively switch from using the actual uncollectible amount set forth in Account 904 to using net write-offs in such tariff, but only if net write-offs are also used to determine the utility's uncollectible amount in rates. In the event the Commission requires such a change, it shall be made effective at the beginning of the first full calendar year after the new rates approved in such proceeding are first placed in effect and an adjustment shall be made, if necessary, to ensure the change does not result in double-recovery or unrecovered uncollectible amounts for any year. For purposes of this Section, "uncollectible amount" means the expense set forth in Account 904 of the utility's FERC Form 1 or cost of net write-offs as appropriate. In the event the utility's rates change during the period of time reported in its most recent annual FERC Form 1, the uncollectible amount included in the utility's rates during such period of time for purposes of this Section will be a weighted average, based on revenues earned during such period by the utility under each set of rates, of the uncollectible amount included in the utility's rates at the beginning of such period and at the end of such period. This difference may either be a charge or a credit to customers depending on whether the uncollectible amount is more or less than the uncollectible amount then included in the utility's rates. (b) The tariff may be established outside the context of a general rate case filing and shall specify the terms of any applicable audit. The Commission shall review and by order approve, or approve as modified, the proposed tariff within 180 days after the date on which it is filed. Charges and credits under the tariff shall be allocated to the appropriate customer class or classes. In addition, customers who purchase their electric supply from an alternative retail electric supplier shall not be charged by the utility for uncollectible amounts associated with electric supply provided by the utility to the utility's customers, provided that nothing in this Section is intended to affect or alter the rights and obligations imposed pursuant to Section 16-118 of this Act and any Commission order issued thereunder. Upon approval of the tariff, the utility shall, based on the 2008 FERC Form 1, apply the appropriate credit or charge based on the full year 2008 amounts for the remainder of the 2010 calendar year. Starting with the 2009 FERC Form 1 reporting period and each subsequent period, the utility shall apply the appropriate credit or charge over a 12-month period beginning with the June billing period and ending with the May billing period, with the first such billing period beginning June 2010. (c) The approved tariff shall provide that the utility shall file a petition with the Commission annually, no later than August 31st, seeking initiation of an annual review to reconcile all amounts collected with the actual uncollectible amount in the prior period. As part of its review, the Commission shall verify that the utility collects no more and no less than its actual uncollectible amount in each applicable FERC Form 1 reporting period. The Commission shall review the prudence and reasonableness of the utility's actions to pursue minimization and collection of uncollectibles which shall include, at a minimum, the 6 enumerated criteria set forth in this Section. The Commission shall determine any required adjustments and may include suggestions for prospective changes in current practices. Nothing in this Section or the implementing tariffs shall affect or alter the electric utility's existing obligation to pursue collection of uncollectibles or the electric utility's right to disconnect service. A utility that has in effect a tariff authorized by this Section shall pursue minimization of and collection of uncollectibles through the following activities, including, but not limited to: (1) identifying customers with late payments; (2) contacting the customers in an effort to obtain | | (3) providing delinquent customers with information
| | about possible options, including payment plans and assistance programs;
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| (4) serving disconnection notices;
(5) implementing disconnections based on the level of
| | (6) pursuing collection activities based on the
| | (d) Nothing in this Section shall be construed to require a utility to immediately disconnect service for nonpayment.
(Source: P.A. 96-33, eff. 7-10-09; 96-1000, eff. 7-2-10.)
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220 ILCS 5/16-111.9 (220 ILCS 5/16-111.9) Sec. 16-111.9. Rate relief; electricity suppliers. On and after August 14, 2009 (the effective date of Public Act 96-533), any electric utility providing rate relief pursuant to Section 16-111.5A of this Act shall not deem any residential or non-residential customer to be ineligible to receive that relief solely based upon that customer's purchase of electricity from a supplier other than that electric utility at the time the rate relief is to be credited to that customer. Nothing in this Section shall entitle customers of an electric utility that had been previously deemed ineligible prior to August 14, 2009 (the effective date of Public Act 96-533) to become eligible for rate relief credits.
(Source: P.A. 96-533, eff. 8-14-09; 96-1000, eff. 7-2-10.) |
220 ILCS 5/16-111.10 (220 ILCS 5/16-111.10) Sec. 16-111.10. Equitable Energy Upgrade Program. (a) The General Assembly finds and declares that Illinois homes and businesses can contribute to the creation of a clean energy economy, conservation of natural resources, and reliability of the electricity grid through the installation of cost-effective renewable energy generation, energy efficiency and demand response equipment, and energy storage systems. Further, a large portion of Illinois residents and businesses that would benefit from the installation of energy efficiency, storage, and renewable energy generation systems are unable to purchase systems due to capital or credit barriers. This State should pursue options to enable many more Illinoisans to access the health, environmental, and financial benefits of new clean energy technology. (b) As used in this Section: "Commission" means the Illinois Commerce Commission. "Energy project" means renewable energy generation systems, including solar projects, energy efficiency upgrades, energy storage systems, demand response equipment, or any combination thereof. "Fund" means the Clean Energy Jobs and Justice Fund established in the Clean Energy Jobs and Justice Fund
Act. "Program" means the Equitable Energy Upgrade Program established under subsection (c). "Utility" means electric public utilities providing services to 500,000 or more customers under this Act. (c) The Commission shall open an investigation into and direct all electric public utilities in this State to adopt an Equitable Energy Upgrade Program that permits customers to finance the construction of energy projects through an optional tariff payable directly through their utility bill, modeled after the Pay As You Save system, developed by the Energy Efficiency Institute. The Program model shall enable utilities to offer to make investments in energy projects to customer properties with low-cost capital and use an opt-in tariff to recover the costs. The Program shall be designed to provide customers with immediate financial savings if they choose to participate. The Program shall allow residential electric utility customers that own the property, or renters that have permission of the property owner, for which they subscribe to utility service to agree to the installation of an energy project. The Program shall ensure: (1) eligible projects do not require upfront | | payments; however, customers may pay down the costs for projects with a payment to the installing contractor in order to qualify projects that would otherwise require upfront payments;
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| (2) eligible projects have sufficient estimated
| | savings and estimated life span to produce significant, immediate net savings;
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| (3) participants shall agree the utility can recover
| | its costs for the projects at their location by paying for the project through an optional tariff directly through the participant's electricity bill, allowing participants to benefit from installation of energy projects without traditional loans;
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| (4) accessibility by lower-income residents and
| | environmental justice community residents; and
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| (5) the utility must ensure that customers who are
| | interested in participating are notified that if they are income qualified, they may also be eligible for the Percentage of Income Payment Plan program and free energy improvements through other programs and provide contact information.
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| (d) The Commission shall establish Program guidelines with the anticipated schedule of Program availability as follows:
(1) Year 1: Beginning in the first year of operation,
| | each utility with greater than 100,000 retail customers is required to obtain low-cost capital of at least $20,000,000 annually for investments in energy projects.
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| (2) Year 2: Beginning in the second year of
| | operation, each utility with greater than 100,000 retail customers is required to obtain low-cost capital for investments in energy projects of at least $40,000,000 annually.
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| (3) Year 3: Beginning in the third year of operation,
| | each utility with greater than 100,000 retail customers is required to obtain low-cost capital for investments in as many systems as customers demand, subject to available capital provided by the utility, State, or other lenders.
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| (e) In the design of the Program, the Commission shall:
(1) Within 270 days after the effective date of this
| | amendatory Act of the 102nd General Assembly, convene a workshop during which interested participants may discuss issues and submit comments related to the Program.
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| (2) Establish Program guidelines for implementation
| | of the Program in accordance with the Pay As You Save Essential Elements and Minimum Program Requirements that electric utilities must abide by when implementing the Program. Program guidelines established by the Commission shall include the following elements:
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| (A) The Commission shall establish conditions
| | under which utilities secure capital to fund the energy projects. The Commission may allow utilities to raise capital independently, work with third-party lenders to secure the capital for participants, or a combination thereof. Any process the Commission approves must use a market mechanism to identify the least costly sources of capital funds so as to pass on maximum savings to participants. The State or the Clean Energy Jobs and Justice Fund may also provide capital for the Program.
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| (B) Customer protection guidelines should be
| | designed consistent with Pay As You Save Essential Elements and Minimum Program Requirements.
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| (C) The Commission shall establish conditions by
| | which utilities may connect Program participants to energy project vendors. In setting conditions for connection, the Commission may prioritize vendors that have a history of good relations with the State, including vendors that have hired participants from State-created job training programs.
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| (D) Guarantee that conservative estimates of
| | financial savings will immediately and significantly exceed Program costs for Program participants.
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| (f) Within 120 days after the Commission releases the Program conditions established under this Section, each utility subject to the requirements of this Section shall submit an informational filing to the Commission that describes its plan for implementing the provisions of this Section. If the Commission finds that the submission does not properly comply with the statutory or regulatory requirements of the Program, the Commission may require that the utility make modifications to its filing.
(g) An independent process evaluation shall be conducted after one year of the Program's operation. An independent impact evaluation shall be conducted after 3 years of operation, excluding one-time startup costs and results from the first 12 months of the Program. The Commission shall convene an advisory council of stakeholders, including representation of low-income and environmental justice community members to make recommendations in response to the findings of the independent evaluation.
(h) The Program shall be designed using the Pay As You Save system guidelines to be cost-effective for customers. Only projects that are deemed to be cost-effective and can be reasonably expected to ensure customer savings are eligible for funding through the Program, unless, as specified in paragraph (1) of subsection (c), customers able to make upfront copayments to installers buy down the cost of projects so it can be deemed cost-effective.
(i) Eligible customers must be:
(1) property renters with permission of the property
| | (2) property owners.
(j) The calculation of project cost-effectiveness shall be based upon the Pay As You Save system requirements.
(1) The calculation of cost-effectiveness must be
| | conducted by an objective process approved by the Commission and based on rates in effect at the time of installation.
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| (2) A project shall be considered cost-effective only
| | if it is estimated to produce significant immediate net savings, not counting copayments voluntarily made by customers. The Commission may establish guidelines by which this required savings is estimated.
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| (k) The Program should be modeled after the Pay As You Save system, by which Program participants finance energy projects using the savings that the energy project creates with a tariffed on-bill program. Eligible projects shall not create personal debt for the customer, result in a lien in the event of nonpayment, or require customers to pay monthly charges for any upgrade that fails and is not repaired within 21 days. The utility may restart charges once the upgrade is repaired and functioning and extend the term of payments to recover its costs for missed payments and deferred cost recovery, providing the upgrade continues to function.
(l) Any energy project that is defective or damaged due to no fault of the participant must be either replaced or repaired with parts that meet industry standards at the cost of the utility or vendor, as specified by the Commission, and charges shall be suspended until repairs or replacement is completed. The Commission may establish, increase, or replace the requirements imposed in this subsection. The Commission may determine that this responsibility is best handled by participating project vendors in the form of insurance, contractual guarantees, or other mechanisms, and issue rules detailing this requirement. Customers shall not be charged monthly payments for upgrades that are no longer functioning.
(m) In the event of nonpayment, the remaining balance due to pay off the system shall remain with the utility meter at an upgraded location. The Commission shall establish conditions subject to this constraint in the event of nonpayment that are in accordance with the Pay As You Save system.
(n) If the demand by utility customers exceeds the Program capital supply in a given year, utilities shall ensure that 50% of participants are:
(1) customers in neighborhoods where a majority of
| | households make 150% or less of area median income; or
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| (2) residents of environmental justice communities.
(o) Utilities shall endeavor to inform customers about the availability of the Program, their potential eligibility for participation in the Program, and whether they are likely to save money on the basis of an estimate conducted using variables consistent with the Program that the utility has at its disposal. The Commission may establish guidelines by which utilities must abide by this directive and alternatives if the Commission deems utilities' efforts as inadequate.
(p) Subject to Commission specifications under subsection (c), each utility shall work with certified project vendors selected using a request for proposals process to establish the terms and processes under which a utility can install eligible renewable energy generation and energy storage systems using the capital to fit the Equitable Energy Upgrade model. The certified project vendor shall explain and offer the approved upgrades to customers and shall assist customers in applying for financing through the Program. As part of the process, vendors shall also provide participants with information about any other relevant incentives that may be available.
(q) An electric utility shall recover all of the prudently incurred costs of offering a program approved by the Commission under this Section. For investor-owned utilities, shareholder incentives will be proportional to meeting Commission approved thresholds for the number of customers served and the amount of its investments in those locations.
(r) The Commission shall adopt all rules necessary for the administration of this Section.
(Source: P.A. 102-662, eff. 9-15-21.)
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220 ILCS 5/16-111.11 (220 ILCS 5/16-111.11) Sec. 16-111.11. Supplier diversity reporting for non-utilities. (a) The following entities shall submit an annual supplier diversity report to the Commission for a given year: (1) entities that received a contract to provide | | more than 10,000 renewable energy credits approved by the Commission in a given year pursuant to subparagraph (iii) of paragraph (5) of subsection (b) of Section 16-111.5;
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| (2) entities that received a contract to provide
| | more than 10,000 renewable energy credits approved by the Commission in a given year pursuant to subsection (e) of Section 16-111.5;
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| (3) alternative retail electric suppliers that
| | have yearly sales in the State of 1,000,000,000 kilowatt hours or more, and alternative gas suppliers as defined in Section 19-105 that have yearly sales in the State of 1,000,000 dekatherms or more;
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| (4) entities constructing or operating an HVDC
| | transmission line as defined in Section 1-10 of the Illinois Power Agency Act or entities constructing or operating transmission facilities under a certificate of public convenience and necessity issued pursuant to subsection (b-5) of Section 8-406;
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| (5) entities installing more than 100 energy
| | efficiency measures with a certificate approved by the Commission pursuant to Section 16-128B; and
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| (6) other suppliers of electricity generated from
| | any resource, including, but not limited to, hydro, nuclear, coal, natural gas, and any other supplier of energy within this State.
|
| (b) An annual report filed pursuant to this Section shall be filed on an electronic form as designed by the Commission by June 1, 2023 and every June 1 thereafter, in a searchable Adobe PDF format, on all procurement goals and actual spending for women-owned businesses, minority-owned businesses, veteran-owned businesses, and small business enterprises in the previous calendar year related to the performance of obligations in the State of the contracts of licenses listed in subsection (a). These goals shall be expressed as a percentage of the total work performed by the entity submitting the report. The actual spending for all women-owned businesses, minority-owned businesses, veteran-owned businesses, and small business enterprises shall also be expressed as a percentage of the total work performed by the entity submitting the report. Notwithstanding any provision of law to the contrary, any entity with obligations related to equity eligible actions pursuant to the Illinois Power Agency Act may express such goals and spending in those terms.
Each participating entity in its annual report shall include the following information related to the entity's operations in the State related to the certificates or activities listed in subsection (a):
(1) an explanation of the plan for the next year
| | to increase participation;
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| (2) an explanation of the plan to increase the
| | (3) the areas of procurement each entity shall be
| | actively seeking more participation in the next year;
|
| (4) an outline of the plan to alert and encourage
| | potential vendors in that area to seek business from the entity;
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| (5) an explanation of the challenges faced in
| | finding quality vendors and offer any suggestions for what the Commission could do to be helpful to identify those vendors;
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| (6) a list of the certifications the entity
| | (7) the point of contact for any potential vendor
| | who wants to do business with the entity and explain the process for a vendor to enroll with the company as a minority-owned, women-owned, or veteran-owned company; and
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| (8) any particular success stories to encourage
| | other entities to emulate best practices.
|
| (c) Each annual report shall include as much State-specific data as possible. If the submitting entity does not submit State-specific data, then the entity shall include any national data it does have and explain why it could not submit State-specific data and how it intends to do so in future reports.
(d) Each annual report shall include the rules, regulations, and definitions used for the procurement goals in the entity's annual report.
(e) Each annual report filed or submitted under this Section shall be submitted with the Commission. The Commission shall not be required or authorized to compel production of any report under this Section. The Commission shall hold an annual workshop open to the public in 2024 and every year thereafter on the state of supplier diversity to collaboratively seek solutions to structural impediments to achieving stated goals, including testimony from participating entities as well as subject matter experts and advocates in a non-antagonistic manner. The Commission shall invite all entities submitting a report pursuant to this Section. The Commission shall publish a database on its website of the point of contact for each participating entity for supplier diversity, along with a list of certifications each company recognizes from the information submitted in each annual report. The Commission shall publish each annual report on its website and shall maintain each annual report for at least 5 years.
(Source: P.A. 102-1031, eff. 5-27-22.)
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220 ILCS 5/16-112
(220 ILCS 5/16-112)
Sec. 16-112.
Determination of market value.
(a) The market value to be used in the calculation of
transition charges as defined in Section 16-102 shall be
determined in accordance with either (i) a tariff that has
been filed by the electric utility with the Commission
pursuant to Article IX of this Act and that provides for a
determination of the market value for electric power and
energy as a function of an exchange traded or other market
traded index, options or futures contract or contracts
applicable to the market in which the utility sells, and the
customers in its service area buy, electric power and energy,
or (ii) in the event no such tariff has been placed into
effect for the electric utility, or in the event such tariff
does not establish market values for each of the years
specified in the neutral fact-finder process described in
subsections (b) through (h) of this Section, a tariff
incorporating the market values resulting from the neutral
fact-finder process set forth in subsections (b) through (h)
of this Section.
(b) Except as provided in subsection (m) of this
Section, on or before April 30, 1998, on or before February 28, 1999, and on or
before each April 30
from 2000 until 2007, the Commission shall appoint a neutral
fact-finder to make the calculations described in subsection
(c) of this Section. The neutral fact-finder shall be a
member of a national public accounting firm, shall not have
served as the neutral fact-finder in the previous year, and
shall be selected from a list of candidates provided by
a nationally
recognized provider of neutral fact-finders that has
established rules for maintaining confidentiality. An amount
sufficient to pay the fees of the neutral fact-finder shall be
appropriated annually from the Public Utility Fund in the
State treasury.
(c) On or before June 1, 1998, on or before April 1, 1999, and on or before
each June 1
from 2000 until 2007, or until discontinued in accordance with
subsection (m) of this Section, each electric utility and each
alternative retail electric supplier shall submit to the neutral
fact-finder a summary of (A) all contracts entered into after
June 1, 1997 that are for the sale of electric power and
energy from a generating facility or facilities located in
this State or located in a contiguous State and owned by an
electric utility as part of its interconnected operating
system and delivery during one or more of the 5 years
succeeding the date of submission, and (B) all contracts
entered into after June 1, 1997 for purchase and delivery of
electric power and energy in or into this State during one or
more of the 5 years succeeding the date of submission;
provided, however, that such contracts shall not include (i)
contracts between the electric utility and an affiliate; (ii)
sales, purchases, or deliveries made under rates and tariffs
filed with the Commission, except for tariffs filed pursuant
to subsection (d) of Section 16-110 and except for special or
negotiated rate contracts between an electric utility and a
retail customer to the extent that such contracts are for the
provision of electric power and energy after the date that
the customer becomes eligible for delivery services; and (iii)
extensions or amendments to full requirements wholesale
contracts existing as of the effective date of this amendatory
Act of 1997, provided that such contracts, extensions, or
amendments are cost of service regulated by the Federal Energy
Regulatory Commission. The summaries shall, at a minimum,
identify the date of the contract; the year in which the
electric power or energy is to be sold or delivered; the point
of delivery; defining characteristics such as the
nature of the power transaction (for example, reserve
responsibility (firm, non-firm)), length of contract and
temporal differences (for example, season, on-peak or off-peak); and the
applicable prices stated at the point at which
the electric power and energy leaves the electric utility's or
alternative retail electric supplier's transmission system, as the
case may be, in the case of contracts described in item (A)
and at the point at which the electric power and energy enters
the electric utility's transmission system in the case of
contracts in item (B), provided, that the applicable price
shall be stated at the point at which the electric power and
energy enters the electric utility's transmission system in
the case of electric power and energy generated for delivery
within the electric utility's service area. In reporting to
the neutral fact-finder the price of power and energy sold
under bundled service contracts, electric utilities and alternative retail
electric
suppliers shall deduct from the contract
price the charges for delivery services, including transition
charges, applicable to delivery services customers in a
utility's service area, and charges for services, if any,
other than the provision of power and energy or delivery
services. The Commission may adopt orders setting forth
requirements governing the form and content of such summaries.
(d) The neutral fact-finder shall calculate market
values for electric power and energy for each electric
utility, taking into account the defining characteristics set
forth in subsection (c) of this Section; provided, however,
that the neutral fact-finder may determine that a particular
value is appropriate for more than one electric utility, or
for all electric utilities in this State. The neutral fact-finder shall
calculate the market values for the next year
and, to the extent the summaries include a sufficient number
of actual contracts to represent a viable market for the sale
and delivery of electric power and energy in subsequent years,
for each of the 4 succeeding years.
(e) In calculating market values for electric power, the
neutral fact-finder shall weight contract prices (including
any contract price indices) by both the amount of capacity
covered by the contract and the number of hours in which
capacity is to be provided under the contract in each period
of the year, shall take into account all of the defining
characteristics set forth in subsection (c) of this Section
and shall develop such values as required to represent the
different types of market values of electric power.
(f) The neutral fact-finder shall base calculations of
the market values for electric energy on the energy prices
stated in the contracts, and where no explicit energy prices
or index price basis are stated, on the actual energy costs of
the supplier in the corresponding period of the preceding year
that would have been applicable to the electric energy
provided under the contract. The neutral fact-finder shall
develop market values for electric energy and shall take into
account the defining characteristics set forth in subsection
(c) of this Section, as required to represent the market
values of such electric energy.
(g) If the contracts used by the neutral fact-finder
base prices for future years on one or more indices, the
neutral fact-finder shall identify such indices in his or her
final report, develop a weighting for each index, and
calculate a weighted average index. The market values shall
be calculated using the weighted average index when the actual
values of the component indices are known.
(h) The neutral fact-finder shall publish a final report
on or before July 30 of each year, except that in 1999 the neutral fact finder
shall publish the report on or before May 30, setting forth the
calculated market values and stating the basis for such
calculations. The final report shall not, however, disclose any proprietary or
confidential data.
(i) The market values calculated by the neutral fact-finder shall not be
admissible in any proceeding for any
purpose other than the calculation of transition charges or
calculation of the price for the power purchase options
provided pursuant to subsection (b) and (c) of Section 16-110.
(j) The Commission shall have access to all contracts
described in subsection (c) of this Section and shall perform
such audits as it and the neutral fact-finder deem necessary
to insure the accuracy of the summaries submitted to the
neutral fact-finder. The summaries described in subsection
(c) of this Section and each contract shall be accorded
confidential and proprietary treatment and their review shall
be subject to the provisions of Sections 4-404 and 5-108 of
this Act, and the contract between the Commission and the
neutral fact-finder shall contain provisions obligating the
neutral fact-finder to comply with such Sections. The
summaries shall not be discoverable by any party in any
proceeding absent a compelling demonstration of need.
(k) In determining the market values to be used for the various customer
classes in
calculating transition charges as defined in Section 16-102 or for the power
purchase options set forth in Section 16-110,
an electric utility shall
apply the market values that are determined as set forth in
subsection (a) to the electric power and energy that would have
been used to serve the delivery services customers' electric
power and energy requirements, based on the usage specified in
Section 16-102 and taking into account the daily, monthly,
annual and other relevant characteristics of the customers'
demands on the electric utility's system.
(l) In calculating a lump sum transition charge payment
for the purposes of subsection (h) of Section 16-108, the
electric utility shall use the market values that were
determined as provided in its tariff, or if such market values
have not been determined for the full period of time covered
by such lump sum calculation, such other basis as is stated in
the electric utility's tariff filed pursuant to Section 16-108.
(m) The Commission may approve or reject, or propose
modifications to, any tariff providing for the determination
of market value that has been proposed by an electric utility
pursuant to subsection (a) of this Section, but shall not have
the power to otherwise order the electric utility to implement
a modified tariff or to place into effect any tariff for the
determination of market value other than one incorporating the
neutral fact-finder procedure set forth in this Section.
Provided, however, that if each electric utility serving at
least 300,000 customers has placed into effect a tariff that
provides for a determination of market value as a function of
an exchange traded or other market traded index, options or
futures contract or contracts, then the Commission can require
any other electric utilities to file such a tariff, and can
terminate the neutral fact-finder procedure for the periods
covered by such tariffs.
(n) To the extent that the summaries list a sufficient
number of actual contracts to represent a viable market and
market values can be determined for more than one year, the
electric utility shall offer customers that are obligated to
pay transition charges contracts that establish for one or
more years, up to a maximum of the lesser of 5 years or the remaining number of
years until December 31, 2008, the market value or
values to be used in calculating the customer's transition
charges in such years
and for which market value
determinations have been made. The electric utility may
require any customer to give up to one year notice prior to
entering into a one or 2 year contract pursuant to this
subsection, up to 2 years notice for a 3 year contract, and up
to 3 years notice for a 4 or 5 year contract. Contracts of
one or 2 years duration shall incorporate the market values
that were determined as provided in this Section in the year
in which the notice is required to be given. Contracts of
more than 2 years duration shall incorporate the market values
that are determined in the year prior to the first year in
which the electric utility will collect transition charges
from the customer under the contract. The electric utility
shall also allow customers to select, at the time that a
customer gives its notice, an option to revoke the notice
within 30 days following the determination of the market
values that will apply under the contract requested by the
customer, and may charge customers a fee for such option that
is set forth in a tariff filed pursuant to Article IX and that
is adequate to allow the electric utility to recover its
transactional costs and compensate it based on the cost that
would be incurred to purchase an option to cover the risk
associated with the customer's option to revoke. The electric
utility shall not be required to offer customers a contract
under this paragraph for any year for which no determination
of market value has been made either by the neutral fact-finder or pursuant to
a tariff filed by the electric utility.
(o) An electric utility shall have no obligation to
provide electric power or energy as a tariffed service for the
electric power and energy requirements placed on delivery
service by any customer that has entered into a contract
pursuant to subsection (n) of this Section and has not
purchased and exercised an option to revoke, during the term
of the contract. A customer that has purchased and exercised
an option to revoke under this subsection shall remain
eligible to receive any tariffed service for which it would
otherwise be eligible.
(Source: P.A. 90-561, eff. 12-16-97.)
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220 ILCS 5/16-113
(220 ILCS 5/16-113)
Sec. 16-113. Declaration of service as a competitive
service.
(a) An electric utility may, by petition, request the Commission to declare
a
tariffed service that is provided by the electric
utility, and that has not otherwise been declared to be competitive, to be a competitive service. The electric utility
shall give notice of its petition to the public in the same
manner that public notice is provided for proposed general
increases in rates for tariffed services, in accordance with
rules and regulations prescribed by the Commission. The
Commission shall hold a hearing and
shall
declare the class of tariffed service to be a competitive service within the electric
utility's service area, only after the electric utility demonstrates that at least 33% of the customers in the electric utility's service area that are eligible to take the class of tariffed service instead take service from alternative retail electric suppliers, as defined in Section 16-102, and that at least 3 alternative retail electric suppliers provide service that is comparable to the class of tariffed service to those customers in the electric utility's service area that do not take service from the electric utility. The Commission shall make its determination and
issue its final order declaring or refusing to declare the
service to be a competitive service within 180 days following
the date that the petition is filed.
(b) Except as otherwise set forth in this Section, any
customer except a customer identified in
subsection (c) of Section 16-103 who is taking a tariffed
service that is declared to be a competitive service pursuant
to subsection (a) of this Section shall be entitled to
continue to take the service from the electric utility on a
tariffed basis for a period of 3 years following the date
that the service is declared competitive, or such other period
as is stated in the electric utility's tariff pursuant to
Section 16-110. This subsection shall not require the
electric utility to offer or provide on a tariffed basis any
service to any customer (except those customers identified in
subsection (c) of Section 16-103) that was not taking such
service on a tariffed basis on the date the service was
declared to be competitive.
Customers of an electric utility that on December 31, 2005 provided electric service to at least 2,000,000 customers in Illinois and (i) whose service is declared to be a competitive service pursuant to subsection (f) of this Section, (ii) that have peak demand of 400 kilowatts and above, and (iii) that were taking that service from the utility on the effective date of this amendatory Act through fixed-price bundled service tariffs, shall be entitled to continue to take the service from the electric utility on a tariffed basis through the end of the May 2008 billing period. Customers of an electric utility that on December 31, 2005 provided electric service to at least 2,000,000 customers in Illinois and (i) whose service is declared to be a competitive service pursuant to subsection (g) of this Section, (ii) that have peak demand of 100 kilowatts and above but less than 400 kilowatts, and (iii) that were taking that service from the utility on the effective date of this amendatory Act through fixed-price bundled service tariffs, shall be entitled to continue to take the service from the electric utility on a tariffed basis through the end of the May 2010 billing period. Customers of an electric utility that on December 31, 2005 provided electric service to 2,000,000 or fewer customers but more than 100,000 customers in Illinois and (i) whose service is declared to be a competitive service pursuant to subsection (f) of this Section, (ii) that have peak demand of one megawatt and above, and (iii) that were taking that service from the utility on the effective date of this amendatory Act through fixed-price bundled service tariffs, shall be entitled to continue to take the service from the electric utility on a tariffed basis through the end of May 2008. Customers of an electric utility that on December 31, 2005 provided electric service to 2,000,000 or fewer customers but more than 100,000 customers in the State of Illinois and (i) whose service is declared to be a competitive service pursuant to subsection (f) of this Section, (ii) that have peak demand of 400 kilowatts and above but less than one megawatt, and (iii) that were taking that service from the utility on the effective date of this amendatory Act through fixed-price bundled service tariffs, shall be entitled to continue to take the service from the electric utility on a tariffed basis through the end of May 2010.
(c) If the Commission denies a petition to declare a
service to be a competitive service, or determines in a
separate proceeding that a service is not competitive based on
the criteria set forth in subsection (a), the electric utility
may file a new petition no earlier than 6 months following the
date of the Commission's order, requesting, on the basis of
additional or different facts and circumstances, that the
service be declared to be a competitive service.
(d) The Commission shall not deny a petition to declare
a service to be a competitive service, and shall not find that
a service is not a competitive service, on the grounds that it
has previously denied the petition of another electric utility
to declare the same or a similar service to be a competitive
service or has previously determined that the same or a
similar service provided by another electric utility is not a
competitive service.
(e) An electric utility may declare a service, other
than delivery services or the provision of electric power or
energy, to be competitive by filing with the Commission at
least 14 days prior to the date on which the service is to
become competitive a notice describing the service that is
being declared competitive and the date on which it will
become competitive; provided, that any customer who is taking
a tariffed service that is declared to be a competitive
service pursuant to this subsection (e) shall be entitled to
continue to take the service from the electric utility on a
tariffed basis until the electric utility files, and the
Commission grants, a petition to declare the service
competitive in accordance with subsection (a) of this Section.
The Commission shall be authorized to find and order, after
notice and hearing in a subsequent proceeding initiated by the
Commission, that any service declared to be competitive
pursuant to this subsection (e) is not competitive in
accordance with the criteria set forth in subsection (a) of
this Section.
(f) As of the effective date of this amendatory Act, the provision of electric power and energy, whether through fixed-price bundled service tariffs or otherwise, to those retail customers with peak demands of 400 kilowatts and above that are served by an electric utility that on December 31, 2005 served more than 100,000 customers in its service territory in Illinois shall be deemed to be, and is declared to be, a competitive service. (g) An electric utility that provided electric service to at least 100,000 customers in its service territory in Illinois as of December 31, 2005 may seek to declare the provision of electric power and energy, whether through fixed-price bundled service tariffs or otherwise, to those retail customers with peak demand of 100 kilowatts and above but less than 400 kilowatts to be competitive by filing with the Commission at least 60 days prior to the date on which the service is to become competitive a petition with attached analyses demonstrating that at least 33% of those customers in the electric utility's service area that are eligible to take the class of tariffed service instead take service from alternative retail electric suppliers, as defined in Section 16-102, and that at least 3 alternative retail electric suppliers provide service that is comparable to that tariffed service to those customers in the electric utility's service area that do not take service from the electric utility. The electric utility shall give notice of its petition to the public in the same manner that public notice is provided for proposed general increases in rates for tariffed services, in accordance with rules and regulations prescribed by the Commission. Within 14 days following filing of the petition, any person may file a detailed objection with the Commission contesting the analyses submitted by the electric utility with its petition. All objections to the electric utility's petition shall be specific, supported by data or other detailed analyses, and limited to whether the electric utility has met the standard set forth in this subsection (g). The electric utility may file a response to any objections to its petition within 7 days after the deadline for objections. The Commission shall declare the provision of electric power and energy by the electric utility to those retail customers with peak demand of 100 kilowatts and above but less than 400 kilowatts to be a competitive service within 30 days after the filing of the petition if it finds that the electric utility has met the standard set forth in this subsection (g). If, however, the Commission finds that there are material issues of disputed fact, it may require the parties to submit additional information, including through additional filings or as part of an evidentiary hearing. If the Commission has required the parties to submit additional information, it shall issue an order within 60 days after the filing of the petition stating whether the provision of electric power and energy by the utility to those retail customers with peak demand of 100 kilowatts and above but less than 400 kilowatts has been declared to be a competitive service. (h) Until July 1, 2012, no electric utility that on December 31, 2005 provided electric service to at least 100,000 customers in its service territory in Illinois may seek to declare the class of tariffed service for residential customers and those non-residential customers with peak demand of less than 100 kilowatts to be a competitive service.
(Source: P.A. 95-481, eff. 8-28-07.)
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220 ILCS 5/16-114
(220 ILCS 5/16-114)
Sec. 16-114.
Recovery of decommissioning charges.
On or before April 1, 1999, each electric utility owning
an interest in, or having responsibility as a matter of
contract or statute for decommissioning costs as defined in
Section 8-508.1 of, one or more nuclear power plants shall file
with the Commission a tariff or tariffs conforming to the
provisions of Section 9-201.5 of this Act, to be applicable to each and every
kilowatt-hour of electricity delivered or sold at retail in the electric
utility's service area, including, but not limited to, sales by the electric
utility to tariffed services retail customers, sales by the electric utility to
retail customers pursuant to special contracts or other negotiated
arrangements, sales by alternative retail electric suppliers, and sales by an
electric utility other than the electric utility in whose service
area the retail customer is located; provided, however, that for a
user that obtained electric power and energy from its own
cogeneration or self-generation facilities on or before
January 1, 1997, and subsequently takes services from an
alternative retail electric supplier or an electric
utility other than the electric utility in whose service
area the user is located for any portion of its electric
power and energy requirements formerly obtained from
those facilities, the tariff required by this Section
shall not be applicable in any year to that portion of
the user's electric power and energy requirements
formerly obtained from those facilities, provided that
for the purposes of this Section, such portion shall not
exceed the average number of kilowatt-hours per year
obtained from the cogeneration or self-generation
facilities during the 3 years prior to the date on which
the user became eligible for delivery services.
The Commission shall determine whether the tariff meets the
requirements of Sections 9-201 and 9-201.5 and of this
Section, and shall permit the electric utility's tariff
together with any modifications made after hearing to become
effective no later than October 1, 1999. In making its determination, the
Commission shall retain the authority it possessed prior to the effective date
of this amendatory Act of 1997 to make jurisdictional allocations of
decommissioning expense recovery.
The tariff filed
pursuant to this Section shall be
applicable to any user taking some or all of its electric
power and energy requirements from an alternative retail
electric supplier or from an electric utility other than the
electric utility in whose service area the user is located on
and after the date that the user becomes eligible for delivery
services in accordance with Section 16-104. If the electric
utility has in effect as of the effective date of this
amendatory Act of 1997 a decommissioning rate as defined in
Section 9-201.5 conforming to the requirements of that
Section, the tariff or tariffs required by this Section shall
if the electric utility requests be consistent with its
decommissioning rate that is already in effect; provided, that
the tariff or tariffs filed pursuant to this Section shall
provide for the removal from base rates of any decommissioning
costs that are included in the electric utility's base rates
and their inclusion in the tariff or tariffs required by this
Section. The tariff required by this Section shall be included
by the Commission in the reviews required by subsection (d) of
Section 9-201.5.
(Source: P.A. 90-561, eff. 12-16-97.)
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220 ILCS 5/16-114.1
(220 ILCS 5/16-114.1)
Sec. 16-114.1.
Recovery of decommissioning costs in connection with
nuclear power plant sale agreement.
(a) An electric utility owning a single-unit nuclear power plant located in
this State which enters into an agreement to sell the nuclear power plant and
as
part of such agreement agrees: (i) to make contributions to a tax-qualified
decommissioning trust or
non-tax qualified decommissioning trust, or both, as defined in Section
8-508.1 for the nuclear power plant, in specified amounts or for a specified
period of time, after the sale is consummated, or (ii) to purchase an
insurance instrument which provides for the payment of
all or a specified amount of the decommissioning costs of the nuclear power
plant,
shall be entitled, in the case of item (i), to maintain such
decommissioning trusts for the purpose of receiving such contributions
after the consummation of the sale, to implement revisions to its
decommissioning rate in accordance with subsection (b) of this Section, and to
transfer such decommissioning trusts, or the balance in the trusts,
to the buyer of the nuclear power plant in accordance with the agreement
of sale, and in the case of item (ii), to implement revisions to its
decommissioning rate in accordance with subsection (c) of this Section.
(b) An electric utility entering into an agreement of sale described in
subsection (a)(i) of this Section shall be entitled to file a petition with the
Commission for entry of an order authorizing the electric utility (i) to
amortize its liability for decommissioning costs pursuant to the agreement of
sale over the period of time in which the electric utility is required by such
agreement to make
additional contributions to the tax-qualified decommissioning trust, the
non-tax qualified decommissioning trust, or both, and (ii) to revise its
decommissioning
rate to a level that will recover, over the time period specified in the
agreement of sale, an annual amount equal to the electric utility's annual
contributions to the decommissioning trusts which are required by the
agreement of sale multiplied by the percentage of the output of the nuclear
power plant which the agreement of sale obligates the electric utility to
purchase in each such year.
(c) An electric utility entering into an agreement of sale described in
subsection (a)(ii) shall be entitled to file a petition with the Commission for
entry of an order authorizing the electric utility to revise its
decommissioning rate to a level that will recover, over 5 years, the electric
utility's cost of purchasing the insurance instrument multiplied by the
percentage of the output of the nuclear power plant which the agreement of sale
obligates the electric utility to purchase in each such year.
(d) An electric utility's petition pursuant to subsection (b) or subsection
(c) shall state the percentage of the output of the nuclear power plant which
the agreement of sale obligates the electric utility to purchase from the new
owner of the nuclear power plant in each of the years for which the electric
utility is seeking to implement a revised decommissioning rate.
The electric utility's petition shall also state that the electric utility
agrees, as conditions of the Commission's order and the implementation of
the revised decommissioning rate, (i) to file revisions, pursuant to Section
16-111(f), to its base rate tariffs applicable to retail customers subject to
the electric utility's decommissioning rate reducing such tariffs, and (ii) to
file revisions to its transition charge tariffs applicable to retail customers
subject to the electric utility's decommissioning rate incorporating a
credit into the calculation of the electric utility's transition charges in
accordance with this subsection. The reduction and the credit
shall be in an amount per kilowatt-hour of electricity
sold or delivered to retail customers equal to (i) the electric utility's
decommissioning rate authorized by the Commission's order in accordance with
subsection (b)(ii) or (c), as applicable, less (ii) the product of the electric
utility's decommissioning rate in effect immediately prior to the agreement of
sale multiplied by the percentage of the output of the nuclear power plant
which the agreement of sale obligates the electric utility to purchase from the
new owner of the nuclear power plant. The Commission shall issue an order
granting the petition within 30 days after the petition is filed.
The Commission's order shall state the aggregate total amount which the
order
is authorizing the electric utility to collect through its decommissioning
rate.
The
Commission's order shall state that the effectiveness of the revisions to the
electric utility's decommissioning rate shall be conditioned on the filing by
the electric utility of the revisions reducing its base rate tariffs and
providing for credits to its transition charge tariffs as specified in this
subsection.
Upon completion of the collection of the total amount which the Commission's
order authorizes the electric utility to collect through its decommissioning
rate, the electric utility shall not be entitled to collect any further amounts
of decommissioning costs for its nuclear power plant through a decommissioning
rate.
Nothing in this Section shall be construed to permit an increase in the overall
tariffed rates and charges paid by the electric utility's customers.
(e) In addition to the uses of the
proceeds of the sale and issuance of transitional funding instruments
authorized by Section 18-103(d)(1), an electric utility which has entered into
an agreement to sell a nuclear power plant may use the proceeds from the sale
and issuance of transitional funding instruments to make contributions, or to
reimburse itself for contributions which the electric utility has made, to
decommissioning trusts in accordance with the agreement of sale, in an
amount not to exceed 20% of the aggregate principal amount of
transitional funding instruments which the electric utility was authorized to
cause to have issued pursuant to Section 18-103(d)(6), including for purposes
of this calculation the amount of any transitional funding instruments which
the electric utility caused to be issued prior to the date of this amendatory
Act of
1999. The use of proceeds authorized by this subsection shall not be subject
to Section 18-103(d)(1)(B) and shall not be considered in determining if the
percentage limitations on the use of proceeds set forth in the proviso
following Section 18-103(d)(1)(E) have been complied with.
(f) None of the authorizations permitted by this Section may be exercised
if the sale of the nuclear power plant is disapproved by the Commission.
(Source: P.A. 91-50, eff. 6-30-99.)
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220 ILCS 5/16-115
(220 ILCS 5/16-115)
Sec. 16-115. Certification of alternative retail
electric suppliers. (a) Any alternative retail electric supplier must obtain
a certificate of service authority from the Commission in
accordance with this Section before serving any retail
customer or other user located in this State. An alternative
retail electric supplier may request, and the Commission may
grant, a certificate of service authority for the entire State
or for a specified geographic area of the State. A certificate granted pursuant to this Section is not property, and the grant of a certificate to an entity does not create a property interest in the certificate. This Section does not diminish the existing rights of a certificate holder to notice and hearing as proscribed by the Illinois Administrative Procedure Act and in rules adopted by the Commission.
(b) An alternative retail electric supplier seeking a
certificate of service authority shall file with the
Commission a verified application containing information
showing that the applicant meets the requirements of this
Section. The alternative retail electric supplier shall
publish notice of its application in the official State
newspaper within 10 days following the date of its filing. No
later than 45 days after a complete application is properly filed
with the Commission, and such notice is published, the
Commission shall issue its order granting or denying the
application.
(c) An application for a certificate of service
authority shall identify the area or areas in which the
applicant intends to offer service and the types of services
it intends to offer. Applicants that seek to serve
residential or small commercial retail customers within a
geographic area that is smaller than an electric utility's
service area shall submit evidence demonstrating that the
designation of this smaller area does not violate Section 16-115A. An applicant
that seeks to serve residential or small
commercial retail customers may state in its application for
certification any limitations that will be imposed on the
number of customers or maximum load to be served.
(d) The Commission shall grant the application for a
certificate of service authority if it makes the findings set
forth in this subsection
based on the verified
application and such other information as the applicant may
submit:
(1) That the applicant possesses sufficient | | technical, financial, and managerial resources and abilities to provide the service for which it seeks a certificate of service authority. In determining the level of technical, financial, and managerial resources and abilities which the applicant must demonstrate, the Commission shall consider (i) the characteristics, including the size and financial sophistication, of the customers that the applicant seeks to serve, and (ii) whether the applicant seeks to provide electric power and energy using property, plant, and equipment which it owns, controls, or operates;
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(2) That the applicant will comply with all
| | applicable federal, State, regional, and industry rules, policies, practices, and procedures for the use, operation, and maintenance of the safety, integrity, and reliability, of the interconnected electric transmission system;
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(3) That the applicant will only provide service to
| | retail customers in an electric utility's service area that are eligible to take delivery services under this Act;
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(4) That the applicant will comply with such
| | informational or reporting requirements as the Commission may by rule establish and provide the information required by Section 16-112. Any data related to contracts for the purchase and sale of electric power and energy shall be made available for review by the Staff of the Commission on a confidential and proprietary basis and only to the extent and for the purposes which the Commission determines are reasonably necessary in order to carry out the purposes of this Act;
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(5) That the applicant will procure renewable energy
| | resources in accordance with Section 16-115D of this Act, and will source electricity from clean coal facilities, as defined in Section 1-10 of the Illinois Power Agency Act, in amounts at least equal to the percentages set forth in subsections (c) and (d) of Section 1-75 of the Illinois Power Agency Act. For purposes of this Section:
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(i) (blank);
(ii) (blank);
(iii) the required sourcing of electricity
| | generated by clean coal facilities, other than the initial clean coal facility, shall be limited to the amount of electricity that can be procured or sourced at a price at or below the benchmarks approved by the Commission each year in accordance with item (1) of subsection (c) and items (1) and (5) of subsection (d) of Section 1-75 of the Illinois Power Agency Act;
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| (iv) all alternative retail electric suppliers
| | shall execute a sourcing agreement to source electricity from the initial clean coal facility, on the terms set forth in paragraphs (3) and (4) of subsection (d) of Section 1-75 of the Illinois Power Agency Act, except that in lieu of the requirements in subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of paragraph (3) of that subsection (d), the applicant shall execute one or more of the following:
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| (1) if the sourcing agreement is a power
| | purchase agreement, a contract with the initial clean coal facility to purchase in each hour an amount of electricity equal to all clean coal energy made available from the initial clean coal facility during such hour, which the utilities are not required to procure under the terms of subsection (d) of Section 1-75 of the Illinois Power Agency Act, multiplied by a fraction, the numerator of which is the alternative retail electric supplier's retail market sales of electricity (expressed in kilowatthours sold) in the State during the prior calendar month and the denominator of which is the total sales of electricity (expressed in kilowatthours sold) in the State by alternative retail electric suppliers during such prior month that are subject to the requirements of this paragraph (5) of subsection (d) of this Section and subsection (d) of Section 1-75 of the Illinois Power Agency Act plus the total sales of electricity (expressed in kilowatthours sold) by utilities outside of their service areas during such prior month, pursuant to subsection (c) of Section 16-116 of this Act; or
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| (2) if the sourcing agreement is a contract
| | for differences, a contract with the initial clean coal facility in each hour with respect to an amount of electricity equal to all clean coal energy made available from the initial clean coal facility during such hour, which the utilities are not required to procure under the terms of subsection (d) of Section 1-75 of the Illinois Power Agency Act, multiplied by a fraction, the numerator of which is the alternative retail electric supplier's retail market sales of electricity (expressed in kilowatthours sold) in the State during the prior calendar month and the denominator of which is the total sales of electricity (expressed in kilowatthours sold) in the State by alternative retail electric suppliers during such prior month that are subject to the requirements of this paragraph (5) of subsection (d) of this Section and subsection (d) of Section 1-75 of the Illinois Power Agency Act plus the total sales of electricity (expressed in kilowatthours sold) by utilities outside of their service areas during such prior month, pursuant to subsection (c) of Section 16-116 of this Act;
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| (v) if, in any year after the first year of
| | commercial operation, the owner of the clean coal facility fails to demonstrate to the Commission that the initial clean coal facility captured and sequestered at least 50% of the total carbon emissions that the facility would otherwise emit or that sequestration of emissions from prior years has failed, resulting in the release of carbon into the atmosphere, the owner of the facility must offset excess emissions. Any such carbon offsets must be permanent, additional, verifiable, real, located within the State of Illinois, and legally and practicably enforceable. The costs of any such offsets that are not recoverable shall not exceed $15,000,000 in any given year. No costs of any such purchases of carbon offsets may be recovered from an alternative retail electric supplier or its customers. All carbon offsets purchased for this purpose and any carbon emission credits associated with sequestration of carbon from the facility must be permanently retired. The initial clean coal facility shall not forfeit its designation as a clean coal facility if the facility fails to fully comply with the applicable carbon sequestration requirements in any given year, provided the requisite offsets are purchased. However, the Attorney General, on behalf of the People of the State of Illinois, may specifically enforce the facility's sequestration requirement and the other terms of this contract provision. Compliance with the sequestration requirements and offset purchase requirements that apply to the initial clean coal facility shall be reviewed annually by an independent expert retained by the owner of the initial clean coal facility, with the advance written approval of the Attorney General;
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| (vi) The Commission shall, after notice and
| | hearing, revoke the certification of any alternative retail electric supplier that fails to execute a sourcing agreement with the initial clean coal facility as required by item (5) of subsection (d) of this Section. The sourcing agreements with this initial clean coal facility shall be subject to both approval of the initial clean coal facility by the General Assembly and satisfaction of the requirements of item (4) of subsection (d) of Section 1-75 of the Illinois Power Agency Act, and shall be executed within 90 days after any such approval by the General Assembly. The Commission shall not accept an application for certification from an alternative retail electric supplier that has lost certification under this subsection (d), or any corporate affiliate thereof, for at least one year from the date of revocation;
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| (6) With respect to an applicant that seeks to serve
| | residential or small commercial retail customers, that the area to be served by the applicant and any limitations it proposes on the number of customers or maximum amount of load to be served meet the provisions of Section 16-115A, provided, that the Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request;
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(7) That the applicant meets the requirements of
| | subsection (a) of Section 16-128;
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(8) That the applicant discloses whether the
| | applicant is the subject of any lawsuit filed in a court of law or formal complaint filed with a regulatory agency alleging fraud, deception, or unfair marketing practices or other similar allegations and, if the applicant is the subject of such lawsuit or formal complaint, the applicant shall identify the name, case number, and jurisdiction of each lawsuit or complaint, and that the applicant is capable of fulfilling its obligations as an alternative retail electric supplier in Illinois notwithstanding any lawsuit or complaint. For the purpose of this item (8), "formal complaint" includes only those complaints that seek a binding determination from a State or federal regulatory body;
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| (9) That the applicant shall at all times remain in
| | compliance with requirements for certification stated in this Section and as the Commission may establish by rule;
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| (10) That the applicant shall execute and maintain a
| | license or permit bond issued by a qualifying surety or insurance company authorized to transact business in the State of Illinois in favor of the People of the State of Illinois. The amount of the bond shall equal $30,000 if the applicant seeks to serve only nonresidential retail customers with maximum electrical demands of one megawatt or more, $150,000 if the applicant seeks to serve only nonresidential retail customers with annual electrical consumption greater than 15,000 kilowatt-hours, or $500,000 if the applicant seeks to serve all eligible customers. Applicants shall be required to submit an additional $500,000 bond if the applicant intends to market to residential customers using in-person solicitations. The bonds shall be conditioned upon the full and faithful performance of all duties and obligations of the applicant as an alternative retail electric supplier, shall be valid for a period of not less than one year, and may be drawn upon in whole or in part to satisfy any penalties imposed, and finally adjudicated, by the Commission pursuant to Section 16-115B for a violation of the applicant's duties or obligations, except that the total amount of claims and penalties against the bond shall not exceed the penal sum of the bond and shall not include any consequential or punitive damage. The cost of the bond shall be paid by the applicant. The applicant shall file a copy of this bond, with a notarized verification page from the issuer, as part of its application for certification under 83 Ill. Adm. Code 451; and
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| (11) That the applicant will comply with all other
| | applicable laws and regulations.
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(d-3) The Commission may deny with prejudice an application in which the applicant fails to provide the Commission with information sufficient for the Commission to grant the application.
(d-5) (Blank).
(e) A retail customer that owns a cogeneration or self-generation facility
and that seeks certification only to
provide electric power and energy from such facility to
retail customers at separate locations which customers are
both (i) owned by, or a subsidiary or other corporate
affiliate of, such applicant and
(ii) eligible for delivery services, shall be granted a
certificate of service authority upon filing an application
and notifying the Commission that it has entered into an
agreement with the relevant electric utilities pursuant to
Section 16-118.
Provided, however, that if the retail customer owning such cogeneration or
self-generation facility would not be charged a transition charge due to the
exemption provided under subsection (f) of Section 16-108 prior to the
certification, and the retail customers at separate locations are taking
delivery services in conjunction with purchasing power and energy from the
facility, the retail customer on whose premises the facility is located shall
not thereafter be required to pay transition charges on the power and energy
that such retail customer takes from the facility.
(f) The Commission shall have the authority to
promulgate rules and regulations to carry out the provisions
of this Section. On or before May 1, 1999, the Commission
shall adopt a rule or rules applicable to the certification of
those alternative retail electric suppliers that seek to serve
only nonresidential retail customers with maximum electrical
demands of one megawatt or more which shall provide for (i)
expedited and streamlined procedures
for certification of such alternative
retail electric suppliers and (ii) specific criteria which,
if met by any such alternative retail electric supplier, shall
constitute the demonstration of technical, financial and
managerial resources and abilities to provide service required
by paragraph (1) of subsection (d) of this Section, such as a requirement
to post a bond or letter of credit, from a responsible surety
or financial institution, of sufficient size for the nature
and scope of the services to be provided; demonstration of
adequate insurance for the scope and nature of the services to
be provided; and experience in providing similar services in
other jurisdictions.
(g) An alternative retail electric supplier may seek confidential treatment for the following information by filing an affidavit with the Commission so long as the affidavit meets the requirements in this subsection (g):
(1) the total annual kilowatt-hours delivered and
| | sold by an alternative retail electric supplier to retail customers within each utility service territory and the total annual kilowatt-hours delivered and sold by an alternative retail electric supplier to retail customers in all utility service territories in the preceding calendar year as required by 83 Ill. Adm. Code 451.770;
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| (2) the total peak demand supplied by an alternative
| | retail electric supplier during the previous year in each utility service territory as required by 83 Ill. Adm. Code 465.40;
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| (3) a good faith estimate of the amount an
| | alternative retail electric supplier expects to be obliged to pay the utility under single billing tariffs during the next 12 months and the amount of any bond or letter of credit used to demonstrate an alternative retail electric supplier's credit worthiness to provide single billing services pursuant to 83 Ill. Adm. Code 451.510(a) and (b).
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| The affidavit must be filed contemporaneously with the information for which confidential treatment is sought and must clearly state that the affiant seeks confidential treatment pursuant to this subsection (g) and the information for which confidential treatment is sought must be clearly identified on the confidential version of the document filed with the Commission. The affidavit must be accompanied by a "confidential" and a "public" version of the document or documents containing the information for which confidential treatment is sought.
If the alternative retail electric supplier has met the affidavit requirements of this subsection (g), then the Commission shall afford confidential treatment to the information identified in the affidavit for a period of 2 years after the date the affidavit is received by the Commission.
Nothing in this subsection (g) prevents an alternative retail electric supplier from filing a petition with the Commission seeking confidential treatment for information beyond that identified in this subsection (g) or for information contained in other reports or documents filed with the Commission other than annual rate reports.
Nothing in this subsection (g) prevents the Commission, on its own motion, or any party from filing a formal petition with the Commission seeking to reconsider the conferring of confidential status on an item of information afforded confidential treatment pursuant to this subsection (g).
The Commission, on its own motion, may at any time initiate a docketed proceeding to investigate the continued applicability of this subsection (g) to the information contained in items (i), (ii), and (iii) of this subsection (g). If, at the end of such investigation, the Commission determines that a particular item of information should no longer be eligible for the affidavit-based process outlined in this subsection (g), the Commission may enter an order to remove that item from the list of items eligible for the process set forth in this subsection (g). Notwithstanding any such order, in the event the Commission makes such a determination, nothing in this subsection (g) prevents an alternative retail electric supplier desiring confidential treatment for such information from filing a formal petition with the Commission seeking confidential treatment for such information.
(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23 .)
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220 ILCS 5/16-115A
(220 ILCS 5/16-115A)
Sec. 16-115A. Obligations of alternative retail electric
suppliers. (a) An alternative retail electric supplier:
(i) shall comply with the requirements imposed on | | public utilities by Sections 8-201 through 8-207, 8-301, 8-505 and 8-507 of this Act, to the extent that these Sections have application to the services being offered by the alternative retail electric supplier;
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(ii) shall continue to comply with the requirements
| | for certification stated in subsection (d) of Section 16-115;
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| (iii) by May 31, 2020 and every June 30 thereafter,
| | shall submit to the Commission and the Office of the Attorney General the rates the retail electric supplier charged to residential customers in the prior year, including each distinct rate charged and whether the rate was a fixed or variable rate, the basis for the variable rate, and any fees charged in addition to the supply rate, including monthly fees, flat fees, or other service charges; and
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| (iv) shall make publicly available on its website,
| | without the need for a customer login, rate information for all of its variable, time-of-use, and fixed rate contracts currently available to residential customers, including, but not limited to, fixed monthly charges, early termination fees, and kilowatt-hour charges.
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(b) An alternative retail electric supplier shall obtain verifiable
authorization from a customer, in a form or manner approved by the Commission
consistent with Section 2EE of the Consumer Fraud and Deceptive Business
Practices Act, before the customer is switched from another supplier.
(c) No alternative retail electric supplier, or electric
utility other than the electric utility in whose service area
a customer is located, shall (i) enter into or employ any
arrangements which have the effect of preventing a retail
customer with a maximum electrical demand of less than one
megawatt from having access to the services of the electric
utility in whose service area the customer is located or (ii)
charge retail customers for such access. This subsection shall not be
construed to prevent an arms-length agreement between a
supplier and a retail customer that sets a term of service, notice
period for terminating service and provisions governing early
termination through a tariff or contract as allowed by Section 16-119.
(d) An alternative retail electric supplier that is
certified to serve residential or small commercial retail
customers shall not:
(1) deny service to a customer or group of customers
| | nor establish any differences as to prices, terms, conditions, services, products, facilities, or in any other respect, whereby such denial or differences are based upon race, gender or income, except as provided in Section 16-115E.
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(2) deny service to a customer or group of customers
| | based on locality nor establish any unreasonable difference as to prices, terms, conditions, services, products, or facilities as between localities.
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(3) warrant that it has a residential customer or
| | small commercial retail customer's express consent agreement to access interval data as described in subsection (b) of Section 16-122, unless the alternative retail electric supplier has:
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| (A) disclosed to the consumer at the outset of
| | the offer that the alternative retail electric supplier will access the consumer's interval data from the consumer's utility with the consumer's express agreement and the consumer's option to refuse to provide express agreement to access the consumer's interval data; and
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| (B) obtained the consumer's express agreement for
| | the alternative retail electric supplier to access the consumer's interval data from the consumer's utility in a separate letter of agency, a distinct response to a third-party verification, or as a separate affirmative consent during a recorded enrollment initiated by the consumer. The disclosure by the alternative retail electric supplier to the consumer in this Section shall be conducted in, translated into, and provided in a language in which the consumer subject to the disclosure is able to understand and communicate.
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| (4) release, sell, license, or otherwise disclose
| | any customer interval data obtained under Section 16-122 to any third person except as provided for in Section 16-122 and paragraphs (1) through (4) of subsection (d-5) of Section 2EE of the Consumer Fraud and Deceptive Business Practices Act.
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| (e) An alternative retail electric supplier shall comply
with the following requirements with respect to the marketing,
offering and provision of products or services to residential
and small commercial retail customers:
(i) All marketing materials, including, but not
| | limited to, electronic marketing materials, in-person solicitations, and telephone solicitations, shall contain information that adequately discloses the prices, terms, and conditions of the products or services that the alternative retail electric supplier is offering or selling to the customer and shall disclose the current utility electric supply price to compare applicable at the time the alternative retail electric supplier is offering or selling the products or services to the customer and shall disclose the date on which the utility electric supply price to compare became effective and the date on which it will expire. The utility electric supply price to compare shall be the sum of the electric supply charge and the transmission services charge and shall not include the purchased electricity adjustment. The disclosure shall include a statement that the price to compare does not include the purchased electricity adjustment, and, if applicable, the range of the purchased electricity adjustment. All marketing materials, including, but not limited to, electronic marketing materials, in-person solicitations, and telephone solicitations, shall include the following statement:
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"(Name of the alternative retail electric
| | supplier) is not the same entity as your electric delivery company. You are not required to enroll with (name of alternative retail electric supplier). Beginning on (effective date), the electric supply price to compare is (price in cents per kilowatt hour). The electric utility electric supply price will expire on (expiration date). The utility electric supply price to compare does not include the purchased electricity adjustment factor. For more information go to the Illinois Commerce Commission's free website at www.pluginillinois.org.".
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| If applicable, the statement shall also include the
| | "The purchased electricity adjustment factor may
| | range between +.5 cents and -.5 cents per kilowatt hour.".
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| This paragraph (i) does not apply to goodwill or
| | institutional advertising.
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| (ii) Before any customer is switched from another
| | supplier, the alternative retail electric supplier shall give the customer written information that adequately discloses, in plain language, the prices, terms and conditions of the products and services being offered and sold to the customer. This written information shall be provided in a language in which the customer subject to the marketing or solicitation is able to understand and communicate, and the alternative retail electric supplier shall not switch a customer who is unable to understand and communicate in a language in which the marketing or solicitation was conducted. The alternative retail electric supplier shall comply with Section 2N of the Consumer Fraud and Deceptive Business Practices Act.
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(iii) An alternative retail electric supplier shall
| | provide documentation to the Commission and to customers that substantiates any claims made by the alternative retail electric supplier regarding the technologies and fuel types used to generate the electricity offered or sold to customers.
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(iv) The alternative retail electric supplier shall
| | provide to the customer (1) itemized billing statements that describe the products and services provided to the customer and their prices, and (2) an additional statement, at least annually, that adequately discloses the average monthly prices, and the terms and conditions, of the products and services sold to the customer.
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| (v) All in-person and telephone solicitations shall
| | be conducted in, translated into, and provided in a language in which the consumer subject to the marketing or solicitation is able to understand and communicate. An alternative retail electric supplier shall terminate a solicitation if the consumer subject to the marketing or communication is unable to understand and communicate in the language in which the marketing or solicitation is being conducted. An alternative retail electric supplier shall comply with Section 2N of the Consumer Fraud and Deceptive Business Practices Act.
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| (vi) Each alternative retail electric supplier shall
| | conduct training for individual representatives engaged in in-person solicitation and telemarketing to residential customers on behalf of that alternative retail electric supplier prior to conducting any such solicitations on the alternative retail electric supplier's behalf. Each alternative retail electric supplier shall submit a copy of its training material to the Commission on an annual basis and the Commission shall have the right to review and require updates to the material. After initial training, each alternative retail electric supplier shall be required to conduct refresher training for its individual representatives every 6 months.
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(f) An alternative retail electric supplier may limit
the overall size or availability of a service offering by
specifying one or more of the following: a maximum number of
customers, maximum amount of electric load to be served, time
period during which the offering will be available, or other
comparable limitation, but not including the geographic
locations of customers within the area which the alternative
retail electric supplier is certificated to serve. The
alternative retail electric supplier shall file the terms and
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(g) Nothing in this Section shall be construed as
preventing an alternative retail electric supplier,
which is an affiliate of, or which contracts with, (i) an
industry or trade organization or association, (ii) a
membership organization or association that exists for a
purpose other than the purchase of electricity, or (iii)
another organization that meets criteria established in a rule
adopted by the Commission, from offering through the
organization or association services at prices, terms and
conditions that are available solely to the members of the
organization or association.
(Source: P.A. 102-459, eff. 8-20-21; 103-237, eff. 6-30-23.)
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220 ILCS 5/16-115B
(220 ILCS 5/16-115B)
Sec. 16-115B. Commission oversight of services provided
by alternative retail electric suppliers. (a) The Commission shall have jurisdiction in accordance
with the provisions of Article X of this Act to entertain and dispose of
any complaint made by the Commission, on its own motion, or by any person or corporation, chamber of commerce, board of trade, or any industrial, commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation against any alternative retail electric supplier
alleging (i) that the alternative retail electric supplier has
violated or is in nonconformance with any applicable
provisions of Section 16-115 through Section 16-115A; (ii) that the alternative retail electric supplier violated rules adopted by the Commission to govern the sales, marketing, or operations of retail electric suppliers; (iii) that
an alternative retail electric supplier serving any residential and small commercial customers
failed to provide service in accordance with the terms of its
contract or contracts with such customer or customers; (iv)
that the alternative retail electric supplier has violated or
is in nonconformance with the delivery services tariff of, or
any of its agreements relating to delivery services with, the
electric utility, municipal system, or electric cooperative
providing delivery services; or (v) that the alternative
retail electric supplier has violated or failed to comply with
the requirements of Sections 8-201 through 8-207, 8-301, 8-505,
or 8-507 of this Act as made applicable to alternative retail
electric suppliers.
(b) The Commission shall have authority, after such administrative notice as is required by the Illinois Administrative Procedure Act
and after an administrative hearing held on complaint or on the Commission's own
motion:
(1) To order an alternative retail electric supplier | | to cease and desist, or correct, any violation of or nonconformance with the provisions of Section 16-115 or 16-115A or any violation or nonconformance over which the Commission has jurisdiction under subsection (a) of Section 16-115B;
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(2) To impose financial penalties for violations of
| | or nonconformances with the provisions of Section 16-115 or 16-115A, not to exceed $10,000 per occurrence, and for any violations or nonconformances that continue after the Commission issues a cease and desist order, up to an additional $30,000 for each day the violations or nonconformances continue; and
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(3) To alter, modify, revoke, or suspend the
| | certificate of service authority of an alternative retail electric supplier for substantial or repeated violations of or nonconformances with the provisions of Section 16-115 or 16-115A.
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(c) In addition to other powers and authority granted to it under this Act, the Commission may require an alternative retail electric supplier to enter into a compliance
plan. If the Commission comes into possession of information causing it to conclude that an alternative retail electric supplier is violating this Act or the Commission's rules, the Commission may, after notice and hearing, enter an order directing the alternative retail electric supplier to implement practices, procedures, oversight, or other
measures or refrain from practices, conduct, or activities that the Commission finds is necessary or reasonable to ensure the alternative retail electric supplier's compliance with this Act and the Commission's rules. Failure by an alternative retail electric supplier to implement or comply with a Commission-ordered compliance plan is a violation of this Section. The Commission, in its discretion, may order a compliance plan under such circumstances as it considers warranted and is not required to order a compliance plan prior to taking other enforcement action against an alternative retail electric supplier. Nothing in this subsection (c) shall be interpreted to limit the authority or right of the Attorney General.
(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23 .)
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220 ILCS 5/16-115C (220 ILCS 5/16-115C) Sec. 16-115C. Licensure of agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties. (a) The purpose of this Section is to adopt licensing and code of conduct rules in a competitive retail electricity market to protect Illinois consumers from unfair or deceptive acts or practices and to provide persons acting as agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties with notice of the illegality of those acts or practices. (a-5) All third-party sales representatives engaged in the marketing of retail electricity supply must, prior to the customer signing a contract, disclose that they are not employed by the electric utility operating in the applicable service territory. (b) For purposes of this Section, "agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties" means any person or entity that attempts to procure on behalf of or sell retail electric service to an electric customer in the State. "Agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties" does not include the Illinois Power Agency or any of its employees, any entity licensed as an alternative retail electric supplier pursuant to 83 Ill. Adm. Code 451 offering retail electric service on its own behalf, any person acting exclusively on behalf of a single alternative retail electric supplier on condition that exclusivity is disclosed to any third party contracted in such agent capacity, any person acting exclusively on behalf of a retail electric supplier on condition that exclusivity is disclosed to any third party contracted in such agent capacity, any person or entity representing a municipal power agency, as defined in Section 11-119.1-3 of the Illinois Municipal Code, or any person or entity that is attempting to procure on behalf of or sell retail electric service to a third party that has aggregate billing demand of all of its affiliated electric service accounts in Illinois of greater than 1,500 kilowatts. (c) No person or entity shall act as an agent, broker, or consultant engaged in the procurement or sale of retail electricity supply for third parties unless that person or entity is licensed by the Commission under this Section or is offering services on their own behalf under 83 Ill. Adm. Code 451. A license granted pursuant to this Section is not property, and the grant of a license to an entity does not create a property interest in the license. (d) The Commission shall create requirements for licensure as an agent, broker, or consultant engaged in the procurement or sale of retail electricity supply for third parties, which shall include all of the following criteria: (1) Technical competence. (2) Managerial competence. (3) Financial responsibility, including the posting | | of an appropriate performance bond.
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| (4) Annual reporting requirements.
(e) Any person or entity required to be licensed under this Section must:
(1) disclose in plain language in writing to all
| | persons it solicits (i) before July 1, 2011, the total anticipated remuneration to be paid to it by any third party over the period of the proposed underlying customer contract and (ii) on or after July 1, 2011, the total price per kilowatt-hour, and the total anticipated cost, inclusive of all fees or commissions received by the licensee, to be paid by the customer over the period of the proposed underlying customer contract;
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| (2) disclose, if applicable, to all customers, prior
| | to the customer signing a contract, the fact that they will be receiving compensation from the supplier;
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| (3) not hold itself out as independent or
| | unaffiliated with any supplier, or both, or use words reasonably calculated to give that impression, unless the person offering service under this Section has no contractual relationship with any retail electricity supplier or its affiliates regarding retail electric service in Illinois;
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| (4) not utilize false, misleading, materially
| | inaccurate, defamatory, or otherwise deceptive language or materials in the soliciting or providing of its services;
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| (5) maintain copies of all marketing materials
| | disseminated to third parties for a period of not less than 3 years;
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| (6) not present electricity pricing information in a
| | manner that favors one supplier over another, unless a valid pricing comparison is made utilizing all relevant costs and terms; and
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| (7) comply with the requirements of Sections 2EE,
| | 2FF, 2GG, and 2HH of the Consumer Fraud and Deceptive Business Practices Act.
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| (f) Any person or entity licensed under this Section shall file with the Commission all of the following information no later than March of each year:
(1) A verified report detailing any and all
| | contractual relationships that it has with certified electricity suppliers in the State regarding retail electric service in Illinois.
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| (2) A verified report detailing the distribution of
| | its customers with the various certified electricity suppliers in Illinois during the prior calendar year. A report under this Section shall not be required to contain customer-identifying information.
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| A public redacted version of the verified report may
| | be submitted to the Commission along with a proprietary version. The public redacted version may redact from the verified report the name or names of every certified electricity supplier contained in the report to protect against disclosure of competitively sensitive market share information. The information shall be afforded proprietary treatment for 2 years after the date of the filing of the verified report.
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| (3) A verified statement of any changes to the
| | original licensure qualifications and notice of continuing compliance with all requirements.
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| (g) The Commission shall have jurisdiction over complaints, including on the Commission's own motion, for violations of this Section. The findings of a violation of this Section by the Commission shall result in discipline on a progressive scale. For a first violation, the Commission may, in its discretion, suspend the license of the person or entity for a period of no less than one month. For a second violation within a 5-year period, the Commission shall suspend the license of the person or entity for a period of not less than 6 months. For a third or subsequent violation within a 5-year period, the Commission shall suspend the license of the disciplined person for a period of not less than 2 years. Notwithstanding the minimum progressive suspensions, the Commission shall have authority, in its discretion, to impose whatever reasonable disciplinary measures it deems appropriate for any violation, including, but not limited to, terminating the license of the person or entity.
(h) This Section shall not apply to a retail customer that operates or manages either directly or indirectly any facilities, equipment, or property used or contemplated to be used to distribute electric power or energy if that retail customer is a political subdivision or public institution of higher education of this State, or any corporation, company, limited liability company, association, joint-stock company or association, firm, partnership, or individual, or their lessees, trusts, or receivers appointed by any court whatsoever that are owned or controlled by the political subdivision, public institution of higher education, or operated by any of its lessees or operating agents.
(Source: P.A. 102-958, eff. 1-1-23 .)
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220 ILCS 5/16-115D (220 ILCS 5/16-115D) Sec. 16-115D. Renewable portfolio standard for alternative retail electric suppliers and electric utilities operating outside their service territories. (a) An alternative retail electric supplier shall be responsible for procuring cost-effective renewable energy resources as required under item (5) of subsection (d) of Section 16-115 of this Act as outlined herein: (1) The definition of renewable energy resources | | contained in Section 1-10 of the Illinois Power Agency Act applies to all renewable energy resources required to be procured by alternative retail electric suppliers.
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| (2) Through May 31, 2017, the quantity of renewable
| | energy resources shall be measured as a percentage of the actual amount of metered electricity (megawatt-hours) delivered by the alternative retail electric supplier to Illinois retail customers during the 12-month period June 1 through May 31, commencing June 1, 2009, and the comparable 12-month period in each year thereafter except as provided in item (6) of this subsection (a).
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| (3) Through May 31, 2017, the quantity of renewable
| | energy resources shall be in amounts at least equal to the annual percentages set forth in item (1) of subsection (c) of Section 1-75 of the Illinois Power Agency Act. At least 60% of the renewable energy resources procured pursuant to items (1) and (3) of subsection (b) of this Section shall come from wind generation and, starting June 1, 2015, at least 6% of the renewable energy resources procured pursuant to items (1) and (3) of subsection (b) of this Section shall come from solar photovoltaics. If, in any given year, an alternative retail electric supplier does not purchase at least these levels of renewable energy resources, then the alternative retail electric supplier shall make alternative compliance payments, as described in subsection (d) of this Section.
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| (3.5) For the delivery year commencing June 1,
| | 2017, the quantity of renewable energy resources shall be at least 13.0% of the uncovered amount of metered electricity (megawatt-hours) delivered by the alternative retail electric supplier to Illinois retail customers during the delivery year, which uncovered amount shall equal 50% of such metered electricity delivered by the alternative retail electric supplier. For the delivery year commencing June 1, 2018, the quantity of renewable energy resources shall be at least 14.5% of the uncovered amount of metered electricity (megawatt-hours) delivered by the alternative retail electric supplier to Illinois retail customers during the delivery year, which uncovered amount shall equal 25% of such metered electricity delivered by the alternative retail electric supplier. At least 32% of the renewable energy resources procured by the alternative retail electric supplier for its uncovered portion under this paragraph (3.5) shall come from wind or photovoltaic generation. The renewable energy resources procured under this paragraph (3.5) shall not include any resources from a facility whose costs were being recovered through rates regulated by any state or states on or after January 1, 2017.
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| (4) The quantity and source of renewable energy
| | resources shall be independently verified through the PJM Environmental Information System Generation Attribute Tracking System (PJM-GATS) or the Midwest Renewable Energy Tracking System (M-RETS), which shall document the location of generation, resource type, month, and year of generation for all qualifying renewable energy resources that an alternative retail electric supplier uses to comply with this Section. No later than June 1, 2009, the Illinois Power Agency shall provide PJM-GATS, M-RETS, and alternative retail electric suppliers with all information necessary to identify resources located in Illinois, within states that adjoin Illinois or within portions of the PJM and MISO footprint in the United States that qualify under the definition of renewable energy resources in Section 1-10 of the Illinois Power Agency Act for compliance with this Section 16-115D. Alternative retail electric suppliers shall not be subject to the requirements in item (3) of subsection (c) of Section 1-75 of the Illinois Power Agency Act.
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| (5) All renewable energy credits used to comply with
| | this Section shall be permanently retired.
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| (6) The required procurement of renewable energy
| | resources by an alternative retail electric supplier shall apply to all metered electricity delivered to Illinois retail customers by the alternative retail electric supplier pursuant to contracts executed or extended after March 15, 2009.
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| (b) Compliance obligations.
(1) Through May 31, 2017, an alternative retail
| | electric supplier shall comply with the renewable energy portfolio standards by making an alternative compliance payment, as described in subsection (d) of this Section, to cover at least one-half of the alternative retail electric supplier's compliance obligation for the period prior to June 1, 2017.
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| (2) For the delivery years beginning June 1, 2017 and
| | June 1, 2018, an alternative retail electric supplier need not make any alternative compliance payment to meet any portion of its compliance obligation, as set forth in paragraph (3.5) of subsection (a) of this Section.
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| (3) An alternative retail electric supplier shall
| | use any one or combination of the following means to cover the remainder of the alternative retail electric supplier's compliance obligation, as set forth in paragraphs (3) and (3.5) of subsection (a) of this Section, not covered by an alternative compliance payment made under paragraphs (1) and (2) of this subsection (b) of this Section:
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| (A) Generating electricity using renewable energy
| | resources identified pursuant to item (4) of subsection (a) of this Section.
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| (B) Purchasing electricity generated using
| | renewable energy resources identified pursuant to item (4) of subsection (a) of this Section through an energy contract.
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| (C) Purchasing renewable energy credits from
| | renewable energy resources identified pursuant to item (4) of subsection (a) of this Section.
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| (D) Making an alternative compliance payment as
| | described in subsection (d) of this Section.
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| (c) Use of renewable energy credits.
(1) Renewable energy credits that are not used by an
| | alternative retail electric supplier to comply with a renewable portfolio standard in a compliance year may be banked and carried forward up to 2 12-month compliance periods after the compliance period in which the credit was generated for the purpose of complying with a renewable portfolio standard in those 2 subsequent compliance periods. For the 2009-2010 and 2010-2011 compliance periods, an alternative retail electric supplier may use renewable credits generated after December 31, 2008 and before June 1, 2009 to comply with this Section.
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| (2) An alternative retail electric supplier is
| | responsible for demonstrating that a renewable energy credit used to comply with a renewable portfolio standard is derived from a renewable energy resource and that the alternative retail electric supplier has not used, traded, sold, or otherwise transferred the credit.
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| (3) The same renewable energy credit may be used by
| | an alternative retail electric supplier to comply with a federal renewable portfolio standard and a renewable portfolio standard established under this Act. An alternative retail electric supplier that uses a renewable energy credit to comply with a renewable portfolio standard imposed by any other state may not use the same credit to comply with a renewable portfolio standard established under this Act.
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| (d) Alternative compliance payments.
(1) The Commission shall establish and post on its
| | website, within 5 business days after entering an order approving a procurement plan pursuant to Section 1-75 of the Illinois Power Agency Act, maximum alternative compliance payment rates, expressed on a per kilowatt-hour basis, that will be applicable in the first compliance period following the plan approval. A separate maximum alternative compliance payment rate shall be established for the service territory of each electric utility that is subject to subsection (c) of Section 1-75 of the Illinois Power Agency Act. Each maximum alternative compliance payment rate shall be equal to the maximum allowable annual estimated average net increase due to the costs of the utility's purchase of renewable energy resources included in the amounts paid by eligible retail customers in connection with electric service, as described in item (2) of subsection (c) of Section 1-75 of the Illinois Power Agency Act for the compliance period, and as established in the approved procurement plan. Following each procurement event through which renewable energy resources are purchased for one or more of these utilities for the compliance period, the Commission shall establish and post on its website estimates of the alternative compliance payment rates, expressed on a per kilowatt-hour basis, that shall apply for that compliance period. Posting of the estimates shall occur no later than 10 business days following the procurement event, however, the Commission shall not be required to establish and post such estimates more often than once per calendar month. By July 1 of each year, the Commission shall establish and post on its website the actual alternative compliance payment rates for the preceding compliance year. For compliance years beginning prior to June 1, 2014, each alternative compliance payment rate shall be equal to the total amount of dollars that the utility contracted to spend on renewable resources, excepting the additional incremental cost attributable to solar resources, for the compliance period divided by the forecasted load of eligible retail customers, at the customers' meters, as previously established in the Commission-approved procurement plan for that compliance year. For compliance years commencing on or after June 1, 2014, each alternative compliance payment rate shall be equal to the total amount of dollars that the utility contracted to spend on all renewable resources for the compliance period divided by the forecasted load of retail customers for which the utility is procuring renewable energy resources in a given delivery year, at the customers' meters, as previously established in the Commission-approved procurement plan for that compliance year. The actual alternative compliance payment rates may not exceed the maximum alternative compliance payment rates established for the compliance period. For purposes of this subsection (d), the term "eligible retail customers" has the same meaning as found in Section 16-111.5 of this Act.
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| (2) In any given compliance year, an alternative
| | retail electric supplier may elect to use alternative compliance payments to comply with all or a part of the applicable renewable portfolio standard. In the event that an alternative retail electric supplier elects to make alternative compliance payments to comply with all or a part of the applicable renewable portfolio standard, such payments shall be made by September 1, 2010 for the period of June 1, 2009 to May 1, 2010 and by September 1 of each year thereafter for the subsequent compliance period, in the manner and form as determined by the Commission. Any election by an alternative retail electric supplier to use alternative compliance payments is subject to review by the Commission under subsection (e) of this Section.
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| (3) An alternative retail electric supplier's
| | alternative compliance payments shall be computed separately for each electric utility's service territory within which the alternative retail electric supplier provided retail service during the compliance period, provided that the electric utility was subject to subsection (c) of Section 1-75 of the Illinois Power Agency Act. For each service territory, the alternative retail electric supplier's alternative compliance payment shall be equal to (i) the actual alternative compliance payment rate established in item (1) of this subsection (d), multiplied by (ii) the actual amount of metered electricity delivered by the alternative retail electric supplier to retail customers for which the supplier has a compliance obligation within the service territory during the compliance period, multiplied by (iii) the result of one minus the ratios of the quantity of renewable energy resources used by the alternative retail electric supplier to comply with the requirements of this Section within the service territory to the product of the percentage of renewable energy resources required under item (3) or (3.5) of subsection (a) of this Section and the actual amount of metered electricity delivered by the alternative retail electrical supplier to retail customers for which the supplier has a compliance obligation within the service territory during the compliance period.
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| (4) Through May 31, 2017, all alternative compliance
| | payments by alternative retail electric suppliers shall be deposited in the Illinois Power Agency Renewable Energy Resources Fund and used to purchase renewable energy credits, in accordance with Section 1-56 of the Illinois Power Agency Act. Beginning April 1, 2012 and by April 1 of each year thereafter, the Illinois Power Agency shall submit an annual report to the General Assembly, the Commission, and alternative retail electric suppliers that shall include, but not be limited to:
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| (A) the total amount of alternative compliance
| | payments received in aggregate from alternative retail electric suppliers by planning year for all previous planning years in which the alternative compliance payment was in effect;
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| (B) the amount of those payments utilized to
| | purchased renewable energy credits itemized by the date of each procurement in which the payments were utilized; and
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| (C) the unused and remaining balance in the
| | Agency Renewable Energy Resources Fund attributable to those payments.
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| (4.5) Beginning with the delivery year commencing
| | June 1, 2017, all alternative compliance payments by alternative retail electric suppliers shall be remitted to the applicable electric utility. To facilitate this remittance, each electric utility shall file a tariff with the Commission no later than 30 days following the effective date of this amendatory Act of the 99th General Assembly, which the Commission shall approve, after notice and hearing, no later than 45 days after its filing. The Illinois Power Agency shall use such payments to increase the amount of renewable energy resources otherwise to be procured under subsection (c) of Section 1-75 of the Illinois Power Agency Act.
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| (5) The Commission, in consultation with the
| | Illinois Power Agency, shall establish a process or proceeding to consider the impact of a federal renewable portfolio standard, if enacted, on the operation of the alternative compliance mechanism, which shall include, but not be limited to, developing, to the extent permitted by the applicable federal statute, an appropriate methodology to apportion renewable energy credits retired as a result of alternative compliance payments made in accordance with this Section. The Commission shall commence any such process or proceeding within 35 days after enactment of a federal renewable portfolio standard.
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| (e) Each alternative retail electric supplier shall, by September 1, 2010 and by September 1 of each year thereafter, prepare and submit to the Commission a report, in a format to be specified by the Commission, that provides information certifying compliance by the alternative retail electric supplier with this Section, including copies of all PJM-GATS and M-RETS reports, and documentation relating to banking, retiring renewable energy credits, and any other information that the Commission determines necessary to ensure compliance with this Section.
An alternative retail electric supplier may file commercially or financially sensitive information or trade secrets with the Commission as provided under the rules of the Commission. To be filed confidentially, the information shall be accompanied by an affidavit that sets forth both the reasons for the confidentiality and a public synopsis of the information.
(f) The Commission may initiate a contested case to review allegations that the alternative retail electric supplier has violated this Section, including an order issued or rule promulgated under this Section. In any such proceeding, the alternative retail electric supplier shall have the burden of proof. If the Commission finds, after notice and hearing, that an alternative retail electric supplier has violated this Section, then the Commission shall issue an order requiring the alternative retail electric supplier to:
(1) immediately comply with this Section; and
(2) if the violation involves a failure to procure
| | the requisite quantity of renewable energy resources or pay the applicable alternative compliance payment by the annual deadline, the Commission shall require the alternative retail electric supplier to double the applicable alternative compliance payment that would otherwise be required to bring the alternative retail electric supplier into compliance with this Section.
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| If an alternative retail electric supplier fails to comply with the renewable energy resource portfolio requirement in this Section more than once in a 5-year period, then the Commission shall revoke the alternative electric supplier's certificate of service authority. The Commission shall not accept an application for a certificate of service authority from an alternative retail electric supplier that has lost certification under this subsection (f), or any corporate affiliate thereof, for at least one year after the date of revocation.
(g) All of the provisions of this Section apply to electric utilities operating outside their service area except under item (2) of subsection (a) of this Section the quantity of renewable energy resources shall be measured as a percentage of the actual amount of electricity (megawatt-hours) supplied in the State outside of the utility's service territory during the 12-month period June 1 through May 31, commencing June 1, 2009, and the comparable 12-month period in each year thereafter except as provided in item (6) of subsection (a) of this Section.
If any such utility fails to procure the requisite quantity of renewable energy resources by the annual deadline, then the Commission shall require the utility to double the alternative compliance payment that would otherwise be required to bring the utility into compliance with this Section.
If any such utility fails to comply with the renewable energy resource portfolio requirement in this Section more than once in a 5-year period, then the Commission shall order the utility to cease all sales outside of the utility's service territory for a period of at least one year.
(h) The provisions of this Section and the provisions of subsection (d) of Section 16-115 of this Act relating to procurement of renewable energy resources shall not apply to an alternative retail electric supplier that operates a combined heat and power system in this State or that has a corporate affiliate that operates such a combined heat and power system in this State that supplies electricity primarily to or for the benefit of: (i) facilities owned by the supplier, its subsidiary, or other corporate affiliate; (ii) facilities electrically integrated with the electrical system of facilities owned by the supplier, its subsidiary, or other corporate affiliate; or (iii) facilities that are adjacent to the site on which the combined heat and power system is located.
(i) The obligations of alternative retail electric suppliers and electric utilities operating outside their service territories to procure renewable energy resources, make alternative compliance payments, and file annual reports, and the obligations of the Commission to determine and post alternative compliance payment rates, shall terminate after May 31, 2019, provided that alternative retail electric suppliers and electric utilities operating outside their service territories shall be obligated to make all alternative compliance payments that they were obligated to pay for periods through and including May 31, 2019, but were not paid as of that date. The Commission shall continue to enforce the payment of unpaid alternative compliance payments in accordance with subsections (f) and (g) of this Section. All alternative compliance payments made after May 31, 2016 shall be remitted to the applicable electric utility and used to purchase renewable energy credits, in accordance with Section 1-75 of the Illinois Power Agency Act.
This subsection (i) is intended to accommodate the transition to the procurement of renewable energy resources for all retail customers in the amounts specified under subsection (c) of Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of this Act, including but not limited to the transition to a single charge applicable to all retail customers to recover the costs of these resources. Each alternative retail electric supplier shall certify in its annual reports filed pursuant to subsection (e) of this Section after May 31, 2019, that its retail customers are not paying the costs of alternative compliance payments or renewable energy resources that the alternative retail electric supplier is not required to remit or purchase under this Section. The Commission shall have the authority to initiate an emergency rulemaking to adopt rules regarding such certification.
(Source: P.A. 99-906, eff. 6-1-17 .)
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220 ILCS 5/16-115E (220 ILCS 5/16-115E) Sec. 16-115E. Alternative retail electric supplier utility assistance recipient. (a) Beginning January 1, 2020, an alternative retail electric supplier shall not knowingly submit an enrollment to change a customer's electric supplier if the electric utility's records indicate that the customer either received financial assistance in the previous 12 months from the Low Income Home Energy Assistance Program or, at the time of enrollment is participating in the Percentage of Income Payment Plan, unless (1) the customer's change in electric supplier is pursuant to a government aggregation program adopted in accordance with Section 1-92 of the Illinois Power Agency Act, or (2) the customer's change in electric supplier is pursuant to a Commission-approved savings guarantee plan as described in subsection (b). (b) Beginning January 1, 2020, an alternative retail electric supplier may apply to the Commission to offer a savings guarantee plan to recipients of Low Income Home Energy Assistance Program funding or Percentage of Income Payment Plan funding. The Commission shall initiate a public, docketed proceeding to consider whether or not to approve an alternative retail electric supplier's application to offer a savings guarantee plan. At a minimum, the savings guarantee plan shall charge customers for electric supply at an amount that is less than the amount charged by the electric utility. (c) An agreement entered into between an alternative retail electric supplier and a customer in violation of this Section is void and unenforceable. Before the electric utility executes a change in a customer's electric supplier, other than a change pursuant to a government aggregation program adopted in accordance with Section 1-92 of the Illinois Power Agency Act or a Commission-approved savings guarantee plan as described in subsection (b), the electric utility shall confirm at the time of the request whether its records indicate that the customer either has received financial assistance from the Low Income Home Energy Assistance Program in the previous 12 months or, at the time of enrollment, is participating in the Percentage of Income Payment Plan; and if so, shall reject such change request. Absent willful or wanton misconduct, no electric utility shall be held liable for any error in acting or failing to act pursuant to this Section.
(Source: P.A. 101-590, eff. 1-1-20 .) |
220 ILCS 5/16-116
(220 ILCS 5/16-116)
Sec. 16-116. Commission oversight of electric utilities serving retail
customers
outside their service areas or providing
competitive, non-tariffed services.
(a) An electric utility that has a tariff on file for
delivery services may, without regard to any otherwise
applicable tariffs on file, provide electric power and energy
to one or more retail customers located outside its service
area, but only to the extent (i) such retail customer (A) is
eligible for delivery services under any delivery services
tariff filed with the Commission by the electric utility in
whose service area the retail customer is located and (B) has
either elected to take such delivery services or has paid or
contracted to pay the charges specified in Sections 16-108 and
16-114, or (ii) if such retail customer is served by a
municipal system or electric cooperative, the customer is
eligible for delivery services under the terms and conditions
for such service established by the municipal system or
electric cooperative serving that customer.
(b) An electric utility may offer any competitive
service to any customer or group of customers without filing
contracts with or seeking approval of the Commission, notwithstanding any rule
or regulation that would require such
approval. The Commission shall not increase or decrease the
prices, and may not alter or add to the terms and conditions
for the utility's competitive services, from those agreed to by the electric
utility and the customer or customers. Non-tariffed, competitive services
shall
not be subject to the provisions of the Electric Supplier Act or to Articles V,
VII, VIII or
IX of the Act, except to the extent that any provisions of
such Articles are made applicable to alternative retail
electric suppliers pursuant to Sections 16-115 and 16-115A, but shall be
subject to the provisions of subsections (b) through (g) of Section 16-115A,
and Section 16-115B to the same extent such provisions are applicable to the
services provided by alternative retail electric suppliers.
(c) Electric utilities serving retail customers outside their service areas shall be subject to the requirements of paragraph (5) of subsection (d) of Section 16-115 of the Public Utilities Act, except that the numerators referred to in that subsection (d) shall be the utility's retail market sales of electricity (expressed in kilowatthours sold) in the State outside of the utility's service territory in the prior month. (Source: P.A. 95-1027, eff. 6-1-09 .)
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