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90_HB3761
220 ILCS 5/16-104
Amends the Public Utilities Act. Provides that
residential retail electricity consumers may choose suppliers
effective October 1, 1999 rather than May 1, 2000.
LRB9011020JSmg
LRB9011020JSmg
1 AN ACT to amend the Public Utilities Act by changing
2 Section 16-104.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 16-104 as follows:
7 (220 ILCS 5/16-104)
8 Sec. 16-104. Delivery services transition plan. An
9 electric utility shall provide delivery services to retail
10 customers in accordance with the provisions of this Section.
11 (a) Each electric utility shall offer delivery services
12 to retail customers located in its service area in accordance
13 with the following provisions:
14 (1) On or before October 1, 1999, the electric
15 utility shall offer delivery services (i) to all
16 residential retail customers in its service area; (ii) to
17 any non-residential retail customer whose average monthly
18 maximum electrical demand on the electric utility's
19 system during the 6 months with the customer's highest
20 monthly maximum demands in the 12 months ending June 30,
21 1999 equals or exceeds 4 megawatts; (iii) (ii) to any
22 non-governmental, non-residential, commercial retail
23 customers under common ownership doing business at 10 or
24 more separate locations within the electric utility's
25 service area, if the aggregate coincident average monthly
26 maximum electrical demand of all such locations during
27 the 6 months with the customer's highest monthly maximum
28 electrical demands during the 12 months ending June 30,
29 1999 equals or exceeds 9.5 megawatts, provided, however,
30 that an electric utility's obligation to offer delivery
31 services under this clause (iii) (ii) shall not exceed
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1 3.5% of the maximum electric demand on the electric
2 utility's system in the 12 months ending June 30, 1999;
3 and (iv) (iii) to non-residential retail customers whose
4 annual electric energy use comprises 33% of the
5 kilowatt-hour sales, excluding the kilowatt-hour sales to
6 customers described in clauses (i) and (ii) and (iii), to
7 each non-residential retail customer class of the
8 electric utility.
9 (2) On or before October 1, 2000, the electric
10 utility shall offer delivery services to the eligible
11 governmental customers described in subsections (a) and
12 (b) of Section 16-125A if the aggregate coincident
13 average monthly maximum electrical demand of such
14 customers during the 6 months with the customers' highest
15 monthly maximum electrical demands during the 12 months
16 ending June 30, 2000 equals or exceeds 9.5 megawatts.
17 (3) On or before December 31, 2000, the electric
18 utility shall offer delivery services to all remaining
19 nonresidential retail customers in its service area.
20 (4) On or before May 1, 2002, the electric utility
21 shall offer delivery services to all residential retail
22 customers in its service area.
23 The loads and kilowatt-hour sales used for purposes of
24 this subsection shall be those for the 12 months ending June
25 30, 1999 for nonresidential retail customers. The electric
26 utility shall identify those customers to be offered delivery
27 service pursuant to clause (1)(iv) (1)(iii) pursuant to a
28 lottery or other random nondiscriminatory selection process
29 set forth in the electric utility's delivery services
30 implementation plan pursuant to Section 16-105. Provided,
31 that non-residential retail customers under common ownership
32 at separate locations within the electric utility's service
33 area may elect, prior to the date the electric utility
34 conducts the lottery or other random selection process for
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1 purposes of clause (1)(iv) (1)(iii), to designate themselves
2 as a common ownership group, to be excluded from such lottery
3 and to instead participate in a separate lottery for such
4 common ownership group pursuant to which delivery services
5 will be offered to non-residential retail customers
6 comprising 33% of the total kilowatt-hour sales to the common
7 ownership group on or before October 1, 1999. For purposes
8 of this subsection (a), an electric utility may define
9 "common ownership" to exclude sites which are not part of the
10 same business, provided, that auxiliary establishments as
11 defined in the Standard Industrial Classification Manual
12 published by the United States Office of Management and
13 Budget shall not be excluded.
14 (b) The electric utility shall allow the aggregation of
15 loads that are eligible for delivery services so long as such
16 aggregation meets the criteria for delivery of electric power
17 and energy applicable to the electric utility established by
18 the regional reliability council to which the electric
19 utility belongs, by an independent system operating
20 organization to which the electric utility belongs, or by
21 another organization responsible for overseeing the integrity
22 and reliability of the transmission system, as such criteria
23 are in effect from time to time. The Commission may adopt
24 rules and regulations governing the criteria for aggregation
25 of the loads utilizing delivery services, but its failure to
26 do so shall not preclude any eligible customer from electing
27 delivery services. The electric utility shall allow such
28 aggregation for any voluntary grouping of customers,
29 including without limitation those having a common agent with
30 contractual authority to purchase electric power and energy
31 and delivery services on behalf of all customers in the
32 grouping.
33 (c) An electric utility shall allow a retail customer
34 that generates power for its own use to include the
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1 electrical demand obtained from the customer's cogeneration
2 or self-generation facilities that is coincident with the
3 retail customer's maximum monthly electrical demand on the
4 electric utility's system in any determination of the
5 customer's maximum monthly electrical demand for purposes of
6 determining when such retail customer shall be offered
7 delivery services pursuant to clause (ii) (i) of subparagraph
8 (1) of subsection (a) of this Section.
9 (d) The Commission shall establish charges, terms and
10 conditions for delivery services in accordance with Section
11 16-108.
12 (e) Subject to the terms and conditions which the
13 electric utility is entitled to impose in accordance with
14 Section 16-108, a retail customer that is eligible to elect
15 delivery services pursuant to subsection (a) may place all or
16 a portion of its electric power and energy requirements on
17 delivery services.
18 (f) An electric utility may require a retail customer
19 who elects to (i) use an alternative retail electric supplier
20 or another electric utility for some but not all of its
21 electric power or energy requirements, and (ii) use the
22 electric utility for any portion of its remaining electric
23 power and energy requirements, to place the portion of the
24 customer's electric power or energy requirement that is to be
25 served by the electric utility on a tariff containing charges
26 that are set to recover the lowest reasonably available cost
27 to the electric utility of acquiring electric power and
28 energy on the wholesale electric market to serve such
29 remaining portion of the customer's electric power and energy
30 requirement, reasonable compensation for arranging for and
31 providing such electric power or energy, and the electric
32 utility's other costs of providing service to such remaining
33 electric power and energy requirement.
34 (Source: P.A. 90-561, eff. 12-16-97.)