Illinois Compiled Statutes
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UTILITIES220 ILCS 5/16-120
(220 ILCS 5/) Public Utilities Act.
(220 ILCS 5/16-120)
Development of competitive market; Commission study and
(a) On or before December 31, 1999 and once every 3
years thereafter, the Commission shall monitor and analyze
patterns of entry and exit, applications for entry and exit,
and any barriers to entry or participation that may exist, for
services provided under this Article; shall analyze any
impediments to the establishment of a fully competitive energy
and power market in Illinois; and shall include its findings
together with appropriate recommendations for legislative
action in a report to the General Assembly.
(b) Beginning in 2001, and ending in 2006, the Commission shall prepare an
annual report regarding the development of electricity markets in Illinois
which shall be filed by April 1 of each year with the Joint Committee on
Legislative Support Services of the General Assembly and the Governor and which
shall be publicly available. Such report shall include, at a minimum, the
(1) the aggregate annual peak demand of retail
customers in the State of Illinois in the preceding calendar year;
(2) the total annual kilowatt-hours delivered and
sold to retail customers in the State of Illinois by each electric utility within its own service territory, each electric utility outside its service territory, and alternative retail electric suppliers in the preceding calendar year;
(3) the percentage of the total kilowatt-hours
delivered and sold to retail customers in the State of Illinois in the preceding calendar year by each electric utility within its service territory, each electric utility outside its service territory, and each alternative retail electric supplier; and
(4) any other information the Commission considers
significant in assessing the development of Illinois electricity markets, which may include, to the extent available, information similar to that described in items 1, 2 and 3 with respect to cogeneration, self-generation and other sources of electric power and energy provided to customers that do not take delivery services or bundled electric utility services.
The Commission may also include such other information as it deems to be
necessary or beneficial in describing or explaining the results of its Report.
The Report required by this Section shall be adopted by a vote of the full
Commission prior to filing. Proprietary or confidential information shall not
be disclosed publicly. Nothing contained in this Section shall prohibit the
Commission from taking actions that would otherwise be allowed under this
(c) The Commission shall prepare a report on the value of municipal
aggregation of electricity customers. The report shall be filed with the
General Assembly and the Governor no later than January 15, 2003 and shall be
publicly available. The report shall, at a minimum, include:
(1) a description and analysis of actual and
potential forms of aggregation of electricity customers in Illinois and in the other states, including aggregation through municipal, affinity, and other organizations and through aggregation of consumer purchases of electricity from renewable energy sources;
(2) estimates of the potential benefits of municipal
aggregation to Illinois electricity customers in at least 5 specific municipal examples comparing their costs under bundled rates and unbundled rates, including real-time prices;
(3) a description of the barriers to municipal and
other forms of aggregation in Illinois, including legal, economic, informational, and other barriers; and
(4) options for legislative action to foster
municipal and other forms of aggregation of electricity customers.
In preparing the report, the Commission shall consult with persons involved
in aggregation or the study of aggregation of electricity customers in
Illinois, including municipalities, utilities, aggregators, and non-profit
provisions of Section 16-122 notwithstanding, the Commission may request and
utilities shall provide such aggregated load data as may be necessary to
perform the analyses required by this subsection;
provided, however, proprietary or confidential information shall not be
(Source: P.A. 92-585, eff. 6-26-02.)
220 ILCS 5/16-121
(220 ILCS 5/16-121)
Non-discrimination; adoption of rules and
The Commission shall adopt rules and regulations no later
than 180 days after the effective date of this amendatory Act of 1997 governing
the relationship between the electric utility and its
affiliates, and ensuring nondiscrimination in services
provided to the utility's affiliate and any alternative retail
electric supplier, including without limitation, cost
allocation, cross-subsidization and information sharing.
(Source: P.A. 90-561, eff. 12-16-97.)
220 ILCS 5/16-122
(220 ILCS 5/16-122)
(a) Upon the request of a retail customer, or a person
who presents verifiable authorization and is acting as the
customer's agent, and payment of a reasonable fee, electric
utilities shall provide to the customer or its authorized
agent the customer's billing and usage data.
(b) Upon request from any alternative retail electric
supplier and payment of a reasonable fee, an electric utility
serving retail customers in its service area shall make
available generic information concerning the usage, load shape
curve or other general characteristics of customers by rate
classification. Provided however, no customer specific
billing, usage or load shape data shall be provided under this
subsection unless authorization to provide such information is
provided by the customer pursuant to subsection (a) of this
Notwithstanding the requirements of this Section, if an alternative retail electric supplier warrants to an electric utility serving more than 500,000 retail customers that the alternative retail electric supplier's customer has provided consent as described in subsection (d-5) of Section 2EE of the Consumer Fraud and Deceptive Business Practices Act, then until either the customer contacts the alternative retail electric supplier to opt out or the customer is no longer served by the alternative retail electric supplier:
(1) An electric utility serving more than 500,000
retail customers shall electronically transmit interval meter usage data at the end of each monthly billing period for each residential retail customer for which the alternative retail electric supplier is providing electric power and energy supply service, for which the alternative retail electric supplier has requested such information, and for which the electric utility meters the residential customer using automated metering infrastructure equipment. Such data transmission shall occur no later than one business day after the electric utility serving more than 500,000 retail customers validates the interval meter usage data with the monthly billing period for such residential retail customer through an electronic data interchange or secure interface for which the alternative retail electric supplier has requested such information and upon payment of a reasonable and amortized fee to recover the utility's prudently and reasonably incurred costs, approved by the Commission after notice and hearing, to provide this service. The interval meter usage data shall be provided at a minimum on an hourly basis or on a 30-minute basis. In addition, not later than the following day, the electric utility shall provide unverified interval data through an electronic data interchange or secure interface for which the alternative retail electric supplier has requested such information and upon payment of a reasonable and amortized fee to recover the utility's prudently and reasonably incurred costs, approved by the Commission after notice and hearing, to provide this service. The unverified interval meter usage data shall be provided at a minimum on an hourly basis or on a 30-minute basis. The same processes shall apply for nonresidential retail customers.
(2) An electric utility serving more than 500,000
retail customers shall submit tariffs to the Commission for approval within 120 days of the effective date of this amendatory Act of the 103rd General Assembly to meet the minimum requirements of paragraph (1) and provide such services no later than June 1, 2025. The Commission shall issue an order approving, or approving with modification to ensure compliance with this Section, the tariff no later than 240 days after such filing of the tariffs filed as described in this Section.
(3) Nothing in this amendatory Act of the 103rd
General Assembly prohibits such utility proposing new tariffs as described in Article IX to the extent such tariffs are consistent with the requirements of this amendatory Act of the 103rd General Assembly. Nothing in this amendatory Act of the 103rd General Assembly shall require such electric utility to alter its tariffs or practices to the extent that they: (i) provide interval data with shorter intervals; (ii) provide interval data more frequently than monthly; or (iii) provide other enhancements beyond the minimum standards required by paragraph (1).
(4) An alternative retail electric supplier shall
use such interval meter usage data exclusively for the development, marketing, and provision of current and future products and services to enable such customers to more easily and effectively manage their energy consumption, including, but not limited to, time-of-use pricing, demand response, energy efficiency or management, beneficial electrification, on-site or community generation, or any other electricity-related products or services or customer billing or as otherwise authorized by the Commission.
(5) An alternative retail electric supplier shall
not sell interval data obtained under this Section. An alternative retail electric supplier shall not provide, share, or otherwise disclose a consumer's interval meter data obtained under this Section, except an alternative retail electric supplier may license or disclose a customer's interval meter data obtained under this Section if the following conditions are met: (i) the license or disclosure is made to an alternative retail electric supplier's affiliate or a third party with which the alternative retail electric supplier has a contract; (ii) the disclosure of a customer's interval meter data is made only to perform the following functions on behalf of the alternative retail electric supplier: billing and invoicing, administration of the product or service provided to the customer, or pricing products and services for the customer; and (iii) the alternative retail electric supplier maintains responsibility for ensuring that its affiliates and contracted third parties purge such data upon termination of their contract, ownership, affiliation, or license or other agreement, or to the extent that the customer interval data is no longer necessary for the affiliate or contracted third party to perform the function for which the customer interval data was provided. An alternative retail electric supplier may not provide a customer's interval meter data obtained under this Section to a sales agent, broker, or consultant for the purpose of marketing to that specific customer. An alternative retail electric supplier shall be strictly liable under the Consumer Fraud and Deceptive Business Practices Act, this Act, and any other applicable law for any improper or unauthorized disclosure of customer interval data by it or any entity to which it discloses such customer interval data, regardless of whether such data was disclosed under the terms of this Section.
(6) Nothing in this Section prohibits an electric
utility serving more than 500,000 retail customers from providing interval metering data to an alternative retail electric supplier as otherwise authorized by law or order of the Commission.
(7) The Commission shall set such fee, after notice
and hearing pursuant to paragraph (1) and cost recovery to provide data or services, including any and all data or services provided or proposed under paragraphs (1) through (3) or otherwise authorized by this amendatory Act of the 103rd General Assembly, which shall be designed to obtain cost recovery solely from alternative retail electric suppliers. The fee shall be paid by all alternative retail electric suppliers that are authorized to provide service to residential customers in the electric utility's service territory on a periodic basis as set forth in the tariff. The Commission shall not establish a fee that is so high as to deter competition or competitive supply offerings in the State, or deny a utility a reasonable opportunity to recover its cost of providing public utility service pursuant to this Act. The Commission may at any time review the reasonableness of the fee established pursuant to this Section upon its own motion or petition of an interested party.
(c) Upon request from a unit of local government and payment of a
reasonable fee, an electric utility shall make available information concerning
the usage, load shape curves, and other characteristics of customers by
customer classification and location within the boundaries of the unit of local
government, however, no customer specific billing, usage, or load shape data
shall be provided under this subsection unless authorization to provide that
information is provided by the customer. This subsection (c) does not prohibit an electric utility from providing a unit of local government or its designated auditor the materials delineated in Section 8-11-2.5 of the Illinois Municipal Code for the purposes of an audit under that Section.
(d) All such customer information shall be made available
in a timely fashion in an electronic format, if available.
(Source: P.A. 102-1144, eff. 3-17-23; 103-237, eff. 6-30-23.)
220 ILCS 5/16-123
(220 ILCS 5/16-123)
Establishment of customer information
centers for electric utilities and
alternative retail electric suppliers.
(a) All electric utilities and alternative retail electric
suppliers shall be required to maintain a customer call center
where customers can reach a representative and receive current
information. Customers shall periodically be notified on how
to reach the call center. The Commission shall have the
authority to establish reporting requirements for such
(b) Notwithstanding anything to the contrary, an electric utility may:
(1) disclose the current utility electric supply
price to a retail customer who takes electric power and energy supply service from an alternative retail electric supplier;
(2) disclose the supply price the customer is paying
as reflected on the customer's bill, if known;
(3) furnish to a retail customer a list of frequently
asked questions to be used by the retail customer in evaluating electric power and energy supply rate offers by alternative retail electric suppliers; this list may include, but is not limited to, the following:
(A) length of the contract;
(B) the price per kilowatt hour, and whether the
contract price is fixed or variable, and if variable, the circumstances under which the price may change;
(C) whether penalties or early termination fees
apply if the customer terminates the contract before the expiration of its term; and
(D) whether the customer may be subject to any
other adjustments, penalties, surcharges, or costs beyond the electric power and energy supply rate; and
(4) provide to a retail customer education
information published by the Office of Retail Market Development and the Office of the Attorney General regarding the selection and evaluation of electric power and energy supply rate offers by alternative retail electric suppliers.
(Source: P.A. 101-590, eff. 1-1-20