(220 ILCS 5/16-117)
Sec. 16-117. Commission consumer education program.
(a) The restructuring of the electricity industry will
create a new electricity market with new marketers and sellers
offering new goods and services, many of which the average
consumer will not be able to readily evaluate. It is the
intent of the General Assembly that (i) electricity consumers
be provided with sufficient and reliable information so that
they are able to compare and make informed selections of
products and services provided in the electricity market; and
(ii) mechanisms be provided to enable consumers to protect
themselves from marketing practices that are unfair or
abusive.
(b) The Commission shall maintain
consumer education information to help residential and small
commercial retail customers
understand their service options in a competitive electric
services market, and their rights and responsibilities.
(c) Not more than 90 days after the effective date of this amendatory Act of the 97th General Assembly, the Commission shall direct the Office of Retail Market Development to review the existing consumer education information for residential and small commercial customers and consider whether updates are necessary. The Office of Retail Market Development shall seek input from interested persons, including alternative retail electric suppliers, electric utilities, the Attorney General, and the Citizens Utility Board, to further its review of the consumer education materials and possible proposed changes. Within 4 months after the start of the review, the Office of Retail Market Development shall submit recommendations to the Commission for approval.
(d) (Blank).
(e) At a minimum, the
consumer education information submitted to the Commission by the Office of Retail Market Development
shall include concise explanations or
descriptions of the following:
(1) the structure of the electric utility industry |
| following this amendatory Act of 1997 and a glossary of basic terms;
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(2) the choices available to consumers to take
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| electric service from an alternative retail electric supplier or remain as a retail customer of an electric utility;
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(3) a customer's rights, risks and responsibilities
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| in receiving service from an alternative retail electric supplier or remaining as a retail customer of an electric utility;
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(4) the legal obligations of alternative retail
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(5) those services that may be offered on a
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| competitive basis in a deregulated electric services market, including services that could be packaged with the delivery of electric power and energy;
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(6) services that an electric utility is required to
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| provide pursuant to tariffed rates;
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(7) the components of a bill that could be received
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| by a customer taking delivery services;
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(8) the complaint procedures set forth in Section
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| 10-108 of this Act by which consumers may seek a redress of grievances against an electric utility or an alternative retail electric supplier and a list of phone numbers of the Commission, the Attorney General or other entities that can provide information and assistance to customers; and
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(9) additional information available from the
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(f) Within 45 days following the submission required of
the Office of Retail Market Development by subsection (c) of this Section, the
Commission shall approve or disapprove the consumer education information.
(g) Once approved by the Commission, the consumer education information shall be provided as follows:
(1) If the electric utility bills residential or
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| small commercial retail customers directly, then the bill shall include the Commission's electric education internet address in the space reserved for alternative retail electric supplier messages.
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(2) Alternative retail electric suppliers shall
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| provide the Commission's electric education internet address to all residential and small commercial retail customers.
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(3) (Blank).
(4) The Commission shall make the following
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| information available on its web site and printed information from the web site available to the public upon request and at no charge:
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(A) all consumer education information developed
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| by the Office of Retail Market Development and approved by the Commission;
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(B) a list of all certified alternative retail
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| electric suppliers serving residential and small commercial retail customers within the service territory of each electric utility;
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(C) a list of alternative retail electric
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| suppliers serving residential or small commercial retail customers which have been found in the last 3 years by the Commission pursuant to Section 10-108 to have failed to provide service in accordance with the terms of their contracts with such retail customers; and
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(D) guidelines to assist customers in determining
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| which energy supplier is most appropriate for each customer.
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(h) The Commission may also adopt a uniform disclosure
form which alternative retail electric suppliers would be
required to complete enabling consumers to compare prices,
terms and conditions offered by such suppliers.
(i) The Commission shall make available to the public
staff with the ability and knowledge to respond to consumer
inquiries.
(j) (Blank).
(k) (Blank).
(Source: P.A. 97-222, eff. 7-28-11.)
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(220 ILCS 5/16-118)
Sec. 16-118. Services provided by electric utilities to
alternative retail electric suppliers. (a) It is in the best interest of Illinois energy
consumers to promote fair and open competition in the
provision of electric power and energy and to prevent
anticompetitive practices in the provision of electric power
and energy.
Therefore, to the extent an electric utility provides electric power and energy
or delivery services to alternative retail electric suppliers and such services
are not subject to the jurisdiction of the Federal Energy
Regulatory Commission, and are not competitive services, they
shall be provided through tariffs that are filed with the
Commission, pursuant to Article IX of this Act.
Each electric utility shall permit alternative
retail electric suppliers to interconnect facilities to those
owned by the utility provided they meet established standards
for such interconnection, and may provide standby or other
services to alternative retail electric suppliers. The
alternative retail electric supplier shall sign a contract
setting forth the prices, terms and conditions for
interconnection with the electric utility and the prices,
terms and conditions for services provided by the electric
utility to the alternative retail electric supplier in
connection with the delivery by the electric utility of
electric power and energy supplied by the alternative retail
electric supplier.
(b) An electric utility shall file a tariff pursuant to Article IX of the
Act that would allow alternative retail electric suppliers or electric
utilities other than the electric utility in whose service area retail
customers are
located to issue single bills to the retail customers for both the services
provided by such alternative retail electric supplier or other electric utility
and the delivery services provided by the electric utility to such customers.
The tariff filed pursuant to this subsection shall (i) require partial payments
made by retail customers to be credited first to the electric utility's
tariffed services, (ii) impose commercially reasonable terms with respect to
credit and collection, including requests for deposits, (iii) retain the
electric utility's right to disconnect the retail customers, if it does not
receive payment for its tariffed services, in the same manner that it would be
permitted to if it had billed for the services itself, and (iv) require the
alternative retail electric supplier or other electric utility that elects the
billing option provided by this tariff to include on each bill to retail
customers an identification of the electric utility providing the delivery
services and a listing of the charges applicable to such services. The tariff
filed pursuant to this subsection may also include other just and reasonable
terms and conditions. In addition,
an electric utility, an alternative retail electric
supplier or electric utility other than the electric utility
in whose service area the customer is located, and a customer
served by such alternative retail electric supplier or other
electric utility, may enter into an agreement pursuant to
which the alternative retail electric supplier or other
electric utility pays the charges specified in Section 16-108,
or other customer-related charges, including taxes and fees,
in lieu of such charges being recovered by the electric
utility directly from the customer. (c) An electric utility with more than 100,000 customers shall file a tariff pursuant to Article IX of this Act that provides alternative retail electric suppliers, and electric utilities other than the electric utility in whose service area the retail customers are located, with the option to have the electric utility purchase their receivables for power and energy service provided to residential retail customers and non-residential retail customers with a non-coincident peak demand of less than 400 kilowatts. Receivables for power and energy service of alternative retail electric suppliers or electric utilities other than the electric utility in whose service area the retail customers are located shall be purchased by the electric utility at a just and reasonable discount rate to be reviewed and approved by the Commission after notice and hearing. The discount rate shall be based on the electric utility's historical bad debt and any reasonable start-up costs and administrative costs associated with the electric utility's purchase of receivables. The discounted rate for purchase of receivables shall be included in the tariff filed pursuant to this subsection (c). The discount rate filed pursuant to this subsection (c) shall be subject to periodic Commission review. The electric utility retains the right to impose the same terms on retail customers with respect to credit and collection, including requests for deposits, and retain the electric utility's right to disconnect the retail customers, if it does not receive payment for its tariffed services or purchased receivables, in the same manner that it would be permitted to if the retail customers purchased power and energy from the electric utility. The tariff filed pursuant to this subsection (c) shall permit the electric utility to recover from retail customers any uncollected receivables that may arise as a result of the purchase of receivables under this subsection (c), may also include other just and reasonable terms and conditions, and shall provide for the prudently incurred costs associated with the provision of this service pursuant to this subsection (c). Nothing in this subsection (c) permits the double recovery of bad debt expenses from customers. (d) An electric utility with more than 100,000 customers shall file a tariff pursuant to Article IX of this Act that would provide alternative retail electric suppliers or electric utilities other than the electric utility in whose service area retail customers are located with the option to have the electric utility produce and provide single bills to the retail customers for both the electric power and energy service provided by the alternative retail electric supplier or other electric utility and the delivery services provided by the electric utility to the customers. The tariffs filed pursuant to this subsection shall require the electric utility to collect and remit customer payments for electric power and energy service provided by alternative retail electric suppliers or electric utilities other than the electric utility in whose service area retail customers are located. The tariff filed pursuant to this subsection shall require the electric utility to include on each bill to retail customers an identification of the alternative retail electric supplier or other electric utility that elects the billing option. The tariff filed pursuant to this subsection (d) may also include other just and reasonable terms and conditions and shall provide for the recovery of prudently incurred costs associated with the provision of service pursuant to this subsection (d). The costs associated with the provision of service pursuant to this Section shall be subject to periodic Commission review.
(e) An electric utility with more than 100,000 customers in this State shall file a tariff pursuant to Article IX of this Act that provides alternative retail electric suppliers, and electric utilities other than the electric utility in whose service area the retail customers are located, with the option to have the electric utility purchase 2 billing cycles worth of uncollectible receivables for power and energy service provided to residential retail customers and to non-residential retail customers with a non-coincident peak demand of less than 400 kilowatts upon returning that customer to that electric utility for delivery and energy service after that alternative retail electric supplier, or an electric utility other than the electric utility in whose service area the retail customer is located, has made reasonable collection efforts on that account. Uncollectible receivables for power and energy service of alternative retail electric suppliers, or electric utilities other than the electric utility in whose service area the retail customers are located, shall be purchased by the electric utility at a just and reasonable discount rate to be reviewed and approved by the Commission, after notice and hearing. The discount rate shall be based on the electric utility's historical bad debt for receivables that are outstanding for a similar length of time and any reasonable start-up costs and administrative costs associated with the electric utility's purchase of receivables. The discounted rate for purchase of uncollectible receivables shall be included in the tariff filed pursuant to this subsection (e). The electric utility retains the right to impose the same terms on these retail customers with respect to credit and collection, including requests for deposits, and retains the right to disconnect these retail customers, if it does not receive payment for its tariffed services or purchased receivables, in the same manner that it would be permitted to if the retail customers had purchased power and energy from the electric utility. The tariff filed pursuant to this subsection (e) shall permit the electric utility to recover from retail customers any uncollectable receivables that may arise as a result of the purchase of uncollectible receivables under this subsection (e), may also include other just and reasonable terms and conditions, and shall provide for the prudently incurred costs associated with the provision of this service pursuant to this subsection (e). Nothing in this subsection (e) permits the double recovery of utility bad debt expenses from customers. The electric utility may file a joint tariff for this subsection (e) and subsection (c) of this Section.
(f) Every alternative retail electric supplier or electric utility other than the electric utility in whose service area retail customers are located that issues single bills to the retail customers for the services provided by the alternative retail electric supplier or other electric utility to the customers shall include on the single bills issued to residential customers the current utility electric supply price to compare that would apply to the customer for the billing period if the customer obtained supply from the utility. The current utility electric supply price shall be the sum of the electric supply charge and the transmission services charge and shall disclose that the price does not include the monthly purchased electricity adjustment. (g) Every electric utility that provides delivery and supply services shall include on each bill issued to residential customers who obtain supply from an alternative retail electric supplier the current utility electric supply price to compare that would apply to the customer for the billing period if the customer obtained supply from the utility. The current utility electric supply price to compare shall be the sum of the electric supply charge and the transmission services charge and shall disclose that the price does not include the monthly purchased electricity adjustment. (Source: P.A. 101-590, eff. 1-1-20 .)
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(220 ILCS 5/16-119A)
Sec. 16-119A. Functional separation.
(a) Within 90 days after the effective date of this amendatory Act of 1997,
the Commission shall open a rulemaking proceeding to
establish standards of conduct for every electric utility
described in subsection (b). To create efficient competition
between suppliers of generating services and sellers of such
services at retail and wholesale, the rules shall allow all
customers of a public utility that distributes electric power
and energy to purchase electric power and energy from the
supplier of their choice in accordance with the provisions of
Section 16-104. In addition, the rules shall address relations
between providers of any 2 services described in subsection (b)
to prevent undue discrimination and promote efficient
competition. Provided, however, that a proposed rule shall not be
published prior to May 15, 1999.
(b) The Commission shall also have the authority to investigate
the need for, and adopt rules requiring, functional separation
between the generation services and the delivery services of
those electric utilities whose principal service area is in
Illinois as necessary to meet the objective of creating efficient
competition between suppliers of generating services and sellers
of such services at retail and wholesale. After January 1, 2003,
the Commission shall also have the authority to investigate the
need for, and adopt rules requiring, functional separation
between an electric utility's competitive and non-competitive
services.
(b-5) If there is a change in ownership of a majority of the voting
capital
stock of
an electric utility or the ownership or control of any entity that owns or
controls a
majority of the voting capital stock of an electric utility, the electric
utility shall have the
right to file with the Commission a new plan. The newly filed plan shall
supersede any plan previously
approved
by the Commission pursuant to this Section for that electric utility, subject
to Commission approval. This
subsection only
applies to the extent that the Commission rules for the functional separation
of delivery
services and generation services provide an electric utility with the ability
to select from 2
or more options to comply with this Section. The electric utility may file its
revised plan
with the Commission up to one calendar year after the conclusion of the sale,
purchase,
or any other transfer of ownership described in this subsection. In all other
respects, an electric utility must comply with the Commission rules in effect
under this Section. The Commission
may
promulgate rules to implement this subsection. This subsection shall have no
legal effect after January 1, 2005.
(c) In establishing or considering the need for rules under
subsections (a) and (b), the Commission shall take into account
the effects on the cost and reliability of service and the
obligation of the utility to provide bundled service under this
Act. The Commission shall adopt rules that are a cost effective
means to ensure compliance with this Section.
(d) Nothing in this Section shall be construed as imposing any
requirements or obligations that are in conflict with federal
law.
(e) Notwithstanding anything to the contrary, an electric utility may market and promote the services, rates and programs authorized by Sections 16-107, and 16-108.6 of this Act. (Source: P.A. 99-906, eff. 6-1-17 .)
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