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91_SB0024ccr001
LRB9100188JSpcccr4
1 91ST GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 24
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 24, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 24 be amended by replacing
14 everything after the enacting clause with the following:
15 "Section 5. The Public Utilities Act is amended by
16 changing Sections 16-102, 16-104, 16-108, 16-110, 16-111,
17 16-115, and 16-130 and adding Sections 16-111.1, 16-111.2,
18 and 16-114.1 as follows:
19 (220 ILCS 5/16-102)
20 Sec. 16-102. Definitions. For the purposes of this
21 Article the following terms shall be defined as set forth in
22 this Section.
23 "Alternative retail electric supplier" means every
24 person, cooperative, corporation, municipal corporation,
25 company, association, joint stock company or association,
26 firm, partnership, individual, or other entity, their
27 lessees, trustees, or receivers appointed by any court
28 whatsoever, that offers electric power or energy for sale,
29 lease or in exchange for other value received to one or more
30 retail customers, or that engages in the delivery or
31 furnishing of electric power or energy to such retail
32 customers, and shall include, without limitation, resellers,
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1 aggregators and power marketers, but shall not include (i)
2 electric utilities (or any agent of the electric utility to
3 the extent the electric utility provides tariffed services to
4 retail customers through that agent), (ii) any electric
5 cooperative or municipal system as defined in Section 17-100
6 to the extent that the electric cooperative or municipal
7 system is serving retail customers within any area in which
8 it is or would be entitled to provide service under the law
9 in effect immediately prior to the effective date of this
10 amendatory Act of 1997, (iii) a public utility that is owned
11 and operated by any public institution of higher education of
12 this State, or a public utility that is owned by such public
13 institution of higher education and operated by any of its
14 lessees or operating agents, within any area in which it is
15 or would be entitled to provide service under the law in
16 effect immediately prior to the effective date of this
17 amendatory Act of 1997, (iv) a any retail customer to the
18 extent that customer obtains its electric power and energy
19 from that customer's its own cogeneration or self-generation
20 facilities, (v) an any entity that owns, operates, sells, or
21 arranges for the installation of a customer's own
22 cogeneration or self-generation facilities to be owned by a
23 retail customer described in subparagraph (iv), but only to
24 the extent the entity is engaged in owning, selling or
25 arranging for the such installation of such facility, or
26 operating the facility on behalf of such customer, provided
27 however that any such third party owner or operator of a
28 facility built after January 1, 1999, complies with the labor
29 provisions of Section 16-128(a) as though such third party
30 were an alternative retail electric supplier, or (vi) an
31 industrial or manufacturing customer that owns its own
32 distribution facilities, to the extent that the customer
33 provides service from that distribution system to a
34 third-party contractor located on the customer's premises
35 that is integrally and predominantly engaged in the
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1 customer's industrial or manufacturing process; provided,
2 that if the industrial or manufacturing customer has elected
3 delivery services, the customer shall pay transition charges
4 applicable to the electric power and energy consumed by the
5 third-party contractor unless such charges are otherwise paid
6 by the third party contractor, which shall be calculated
7 based on the usage of, and the base rates or the contract
8 rates applicable to, the third-party contractor in accordance
9 with Section 16-102.
10 "Base rates" means the rates for those tariffed services
11 that the electric utility is required to offer pursuant to
12 subsection (a) of Section 16-103 and that were identified in
13 a rate order for collection of the electric utility's base
14 rate revenue requirement, excluding (i) separate automatic
15 rate adjustment riders then in effect, (ii) special or
16 negotiated contract rates, (iii) delivery services tariffs
17 filed pursuant to Section 16-108, (iv) real-time pricing, or
18 (v) tariffs that were in effect prior to October 1, 1996 and
19 that based charges for services on an index or average of
20 other utilities' charges, but including (vi) any subsequent
21 redesign of such rates for tariffed services that is
22 authorized by the Commission after notice and hearing.
23 "Competitive service" includes (i) any service that has
24 been declared to be competitive pursuant to Section 16-113 of
25 this Act, (ii) contract service, and (iii) services, other
26 than tariffed services, that are related to, but not
27 necessary for, the provision of electric power and energy or
28 delivery services.
29 "Contract service" means (1) services, including the
30 provision of electric power and energy or other services,
31 that are provided by mutual agreement between an electric
32 utility and a retail customer that is located in the electric
33 utility's service area, provided that, delivery services
34 shall not be a contract service until such services are
35 declared competitive pursuant to Section 16-113; and also
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1 means (2) the provision of electric power and energy by an
2 electric utility to retail customers outside the electric
3 utility's service area pursuant to Section 16-116. Provided,
4 however, contract service does not include electric utility
5 services provided pursuant to (i) contracts that retail
6 customers are required to execute as a condition of receiving
7 tariffed services, or (ii) special or negotiated rate
8 contracts for electric utility services that were entered
9 into between an electric utility and a retail customer prior
10 to the effective date of this amendatory Act of 1997 and
11 filed with the Commission.
12 "Delivery services" means those services provided by the
13 electric utility that are necessary in order for the
14 transmission and distribution systems to function so that
15 retail customers located in the electric utility's service
16 area can receive electric power and energy from suppliers
17 other than the electric utility, and shall include, without
18 limitation, standard metering and billing services.
19 "Electric utility" means a public utility, as defined in
20 Section 3-105 of this Act, that has a franchise, license,
21 permit or right to furnish or sell electricity to retail
22 customers within a service area.
23 "Mandatory transition period" means the period from the
24 effective date of this amendatory Act of 1997 through January
25 1, 2005.
26 "Municipal system" shall have the meaning set forth in
27 Section 17-100.
28 "Real-time pricing" means charges for delivered electric
29 power and energy that vary on an hour-to-hour basis for
30 nonresidential retail customers and that vary on a periodic
31 basis during the day for residential retail customers.
32 "Retail customer" means a single entity using electric
33 power or energy at a single premises and that (A) either (i)
34 is receiving or is eligible to receive tariffed services from
35 an electric utility, or (ii) that is served by a municipal
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1 system or electric cooperative within any area in which the
2 municipal system or electric cooperative is or would be
3 entitled to provide service under the law in effect
4 immediately prior to the effective date of this amendatory
5 Act of 1997, or (B) an entity which on the effective date of
6 this Act was receiving electric service from a public utility
7 and (i) was engaged in the practice of resale and
8 redistribution of such electricity within a building prior to
9 January 2, 1957, or (ii) was providing lighting services to
10 tenants in a multi-occupancy building, but only to the extent
11 such resale, redistribution or lighting service is authorized
12 by the electric utility's tariffs that were on file with the
13 Commission on the effective date of this Act.
14 "Service area" means (i) the geographic area within which
15 an electric utility was lawfully entitled to provide electric
16 power and energy to retail customers as of the effective date
17 of this amendatory Act of 1997, and includes (ii) the
18 location of any retail customer to which the electric utility
19 was lawfully providing electric utility services on such
20 effective date.
21 "Small commercial retail customer" means those
22 nonresidential retail customers of an electric utility
23 consuming 15,000 kilowatt-hours or less of electricity
24 annually in its service area.
25 "Tariffed service" means services provided to retail
26 customers by an electric utility as defined by its rates on
27 file with the Commission pursuant to the provisions of
28 Article IX of this Act, but shall not include competitive
29 services.
30 "Transition charge" means a charge expressed in cents per
31 kilowatt-hour that is calculated for a customer or class of
32 customers as follows for each year in which an electric
33 utility is entitled to recover transition charges as provided
34 in Section 16-108:
35 (1) the amount of revenue that an electric utility
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1 would receive from the retail customer or customers if it
2 were serving such customers' electric power and energy
3 requirements as a tariffed service based on (A) all of
4 the customers' actual usage during the 3 years ending 90
5 days prior to the date on which such customers were first
6 eligible for delivery services pursuant to Section
7 16-104, and (B) on (i) the base rates in effect on
8 October 1, 1996 (adjusted for the reductions required by
9 subsection (b) of Section 16-111, for any reduction
10 resulting from a rate decrease under Section 16-101(b),
11 for any restatement of base rates made in conjunction
12 with an elimination of the fuel adjustment clause
13 pursuant to subsection (b), (d), or (f) of Section 9-220
14 and for any removal of decommissioning costs from base
15 rates pursuant to Section 16-114) and any separate
16 automatic rate adjustment riders (other than a
17 decommissioning rate as defined in Section 16-114) under
18 which the customers were receiving or, had they been
19 customers, would have received electric power and energy
20 from the electric utility during the year immediately
21 preceding the date on which such customers were first
22 eligible for delivery service pursuant to Section 16-104,
23 or (ii) to the extent applicable, any contract rates,
24 including contracts or rates for consolidated or
25 aggregated billing, under which such customers were
26 receiving electric power and energy from the electric
27 utility during such year;
28 (2) less the amount of revenue, other than revenue
29 from transition charges and decommissioning rates, that
30 the electric utility would receive from such retail
31 customers for delivery services provided by the electric
32 utility, assuming such customers were taking delivery
33 services for all of their usage, based on the delivery
34 services tariffs in effect during the year for which the
35 transition charge is being calculated and on the usage
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1 identified in paragraph (1);
2 (3) less the market value for the electric power
3 and energy that the electric utility would have used to
4 supply all of such customers' electric power and energy
5 requirements, as a tariffed service, based on the usage
6 identified in paragraph (1), with such market value
7 determined in accordance with Section 16-112 of this Act;
8 (4) less the following amount which represents the
9 amount to be attributed to new revenue sources and cost
10 reductions by the electric utility through the end of the
11 period for which transition costs are recovered pursuant
12 to Section 16-108, referred to in this Article XVI as a
13 "mitigation factor":
14 (A) for nonresidential retail customers, an
15 amount equal to the greater of (i) 0.5 cents per
16 kilowatt-hour during the period October 1, 1999
17 through December 31, 2004, 0.6 cents per
18 kilowatt-hour in calendar year 2005, and 0.9 cents
19 per kilowatt-hour in calendar year 2006, multiplied
20 in each year by the usage identified in paragraph
21 (1), or (ii) an amount equal to the following
22 percentages of the amount produced by applying the
23 applicable base rates (adjusted as described in
24 subparagraph (1)(B)) or contract rate to the usage
25 identified in paragraph (1): 8% for the period
26 October 1, 1999 through December 31, 2002, 10% in
27 calendar years 2003 and 2004, 11% in calendar year
28 2005 and 12% in calendar year 2006; and
29 (B) for residential retail customers, an
30 amount equal to the following percentages of the
31 amount produced by applying the base rates in effect
32 on October 1, 1996 (adjusted as described in
33 subparagraph (1)(B)) to the usage identified in
34 paragraph (1): (i) 6% from May 1, 2002 through
35 December 31, 2002, (ii) 7% in calendar years 2003
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1 and 2004, (iii) 8% in calendar year 2005, and (iv)
2 10% in calendar year 2006;
3 (5) divided by the usage of such customers
4 identified in paragraph (1),
5 provided that the transition charge shall never be less than
6 zero.
7 "Unbundled service" means a component or constituent part
8 of a tariffed service which the electric utility subsequently
9 offers separately to its customers.
10 (Source: P.A. 90-561, eff. 12-16-97.)
11 (220 ILCS 5/16-104)
12 Sec. 16-104. Delivery services transition plan. An
13 electric utility shall provide delivery services to retail
14 customers in accordance with the provisions of this Section.
15 (a) Each electric utility shall offer delivery services
16 to retail customers located in its service area in accordance
17 with the following provisions:
18 (1) On or before October 1, 1999, the electric
19 utility shall offer delivery services (i) to any
20 non-residential retail customer whose average monthly
21 maximum electrical demand on the electric utility's
22 system during the 6 months with the customer's highest
23 monthly maximum demands in the 12 months ending June 30,
24 1999 equals or exceeds 4 megawatts; (ii) to any
25 non-governmental, non-residential, commercial retail
26 customers under common ownership doing business at 10 or
27 more separate locations within the electric utility's
28 service area, if the aggregate coincident average monthly
29 maximum electrical demand of all such locations during
30 the 6 months with the customer's highest monthly maximum
31 electrical demands during the 12 months ending June 30,
32 1999 equals or exceeds 9.5 megawatts, provided, however,
33 that an electric utility's obligation to offer delivery
34 services under this clause (ii) shall not exceed 3.5% of
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1 the maximum electric demand on the electric utility's
2 system in the 12 months ending June 30, 1999; and (iii)
3 to non-residential retail customers whose annual electric
4 energy use comprises 33% of the kilowatt-hour sales,
5 excluding the kilowatt-hour sales to customers described
6 in clauses (i) and (ii), to each non-residential retail
7 customer class of the electric utility.
8 (2) On or before October 1, 2000, the electric
9 utility shall offer delivery services to the eligible
10 governmental customers described in subsections (a) and
11 (b) of Section 16-125A if the aggregate coincident
12 average monthly maximum electrical demand of such
13 customers during the 6 months with the customers' highest
14 monthly maximum electrical demands during the 12 months
15 ending June 30, 2000 equals or exceeds 9.5 megawatts.
16 (2.5) On or before June 1, 2000, an electric
17 utility serving more than 1,000,000 customers in this
18 State shall offer delivery services to retail customers
19 whose annual electric energy use comprises 33% of the
20 kilowatt hour sales to that group of retail customers
21 that are classified under Division D, Groups 20 through
22 39 of the Standard Industrial Classifications set forth
23 in the Standard Industrial Classification Manual
24 published by the United States Office of Management and
25 Budget, excluding the kilowatt-hour sales to those
26 customers that are eligible for delivery services
27 pursuant to clause (1)(i), and shall offer delivery
28 services to its remaining retail customers classified
29 under Division D, Groups 20 through 39 on or before
30 October 1, 2000.
31 (3) On or before December 31, 2000, the electric
32 utility shall offer delivery services to all remaining
33 nonresidential retail customers in its service area.
34 (4) On or before May 1, 2002, the electric utility
35 shall offer delivery services to all residential retail
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1 customers in its service area.
2 The loads and kilowatt-hour sales used for purposes of
3 this subsection shall be those for the 12 months ending June
4 30, 1999 for nonresidential retail customers. The electric
5 utility shall identify those customers to be offered delivery
6 service pursuant to clause (1)(iii) and paragraph (2.5) of
7 subsection (a) of this Section and Section 16-111(e)(B)(iii)
8 pursuant to a lottery or other random nondiscriminatory
9 selection process set forth in the electric utility's
10 delivery services implementation plan pursuant to Section
11 16-105, which process may include a registration process
12 giving each nonresidential customer the opportunity to
13 register for eligibility for delivery services under this
14 Section, with a lottery of registered customers to be
15 conducted if the annual electric energy use of all registered
16 customers exceeds the limit set forth in clause (1)(iii) or
17 clause (2.5) or Section 16-111(e)(B)(iii), as applicable;
18 provided that the provision of this amendatory Act of 1999 as
19 it relates to the registration and lottery process under
20 clause (1)(iii) is not intended to nor does it make any
21 change in the meaning of this Section, but is intended to
22 remove possible ambiguities, thereby confirming the existing
23 meaning of this Section prior to the effective date of this
24 amendatory Act of 1999. Provided, that non-residential retail
25 customers under common ownership at separate locations within
26 the electric utility's service area may elect, prior to the
27 date the electric utility conducts the lottery or other
28 random selection process for purposes of clause (1)(iii), to
29 designate themselves as a common ownership group, to be
30 excluded from such lottery and to instead participate in a
31 separate lottery for such common ownership group pursuant to
32 which delivery services will be offered to non-residential
33 retail customers comprising 33% of the total kilowatt-hour
34 sales to the common ownership group on or before October 1,
35 1999. For purposes of this subsection (a), an electric
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1 utility may define "common ownership" to exclude sites which
2 are not part of the same business, provided, that auxiliary
3 establishments as defined in the Standard Industrial
4 Classification Manual published by the United States Office
5 of Management and Budget shall not be excluded.
6 (b) The electric utility shall allow the aggregation of
7 loads that are eligible for delivery services so long as such
8 aggregation meets the criteria for delivery of electric power
9 and energy applicable to the electric utility established by
10 the regional reliability council to which the electric
11 utility belongs, by an independent system operating
12 organization to which the electric utility belongs, or by
13 another organization responsible for overseeing the integrity
14 and reliability of the transmission system, as such criteria
15 are in effect from time to time. The Commission may adopt
16 rules and regulations governing the criteria for aggregation
17 of the loads utilizing delivery services, but its failure to
18 do so shall not preclude any eligible customer from electing
19 delivery services. The electric utility shall allow such
20 aggregation for any voluntary grouping of customers,
21 including without limitation those having a common agent with
22 contractual authority to purchase electric power and energy
23 and delivery services on behalf of all customers in the
24 grouping.
25 (c) An electric utility shall allow a retail customer
26 that generates power for its own use to include the
27 electrical demand obtained from the customer's cogeneration
28 or self-generation facilities that is coincident with the
29 retail customer's maximum monthly electrical demand on the
30 electric utility's system in any determination of the
31 customer's maximum monthly electrical demand for purposes of
32 determining when such retail customer shall be offered
33 delivery services pursuant to clause (i) of subparagraph (1)
34 of subsection (a) of this Section.
35 (d) The Commission shall establish charges, terms and
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1 conditions for delivery services in accordance with Section
2 16-108.
3 (e) Subject to the terms and conditions which the
4 electric utility is entitled to impose in accordance with
5 Section 16-108, a retail customer that is eligible to elect
6 delivery services pursuant to subsection (a) may place all or
7 a portion of its electric power and energy requirements on
8 delivery services.
9 (f) An electric utility may require a retail customer
10 who elects to (i) use an alternative retail electric supplier
11 or another electric utility for some but not all of its
12 electric power or energy requirements, and (ii) use the
13 electric utility for any portion of its remaining electric
14 power and energy requirements, to place the portion of the
15 customer's electric power or energy requirement that is to be
16 served by the electric utility on a tariff containing charges
17 that are set to recover the lowest reasonably available cost
18 to the electric utility of acquiring electric power and
19 energy on the wholesale electric market to serve such
20 remaining portion of the customer's electric power and energy
21 requirement, reasonable compensation for arranging for and
22 providing such electric power or energy, and the electric
23 utility's other costs of providing service to such remaining
24 electric power and energy requirement.
25 (Source: P.A. 90-561, eff. 12-16-97.)
26 (220 ILCS 5/16-108)
27 Sec. 16-108. Recovery of costs associated with the
28 provision of delivery services.
29 (a) An electric utility shall file a delivery services
30 tariff with the Commission at least 210 days prior to the
31 date that it is required to begin offering such services
32 pursuant to this Act. An electric utility shall provide the
33 components of delivery services that are subject to the
34 jurisdiction of the Federal Energy Regulatory Commission at
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1 the same prices, terms and conditions set forth in its
2 applicable tariff as approved or allowed into effect by that
3 Commission. The Commission shall otherwise have the authority
4 pursuant to Article IX to review, approve, and modify the
5 prices, terms and conditions of those components of delivery
6 services not subject to the jurisdiction of the Federal
7 Energy Regulatory Commission, including the authority to
8 determine the extent to which such delivery services should
9 be offered on an unbundled basis. In making any such
10 determination the Commission shall consider, at a minimum,
11 the effect of additional unbundling on (i) the objective of
12 just and reasonable rates, (ii) electric utility employees,
13 and (iii) the development of competitive markets for electric
14 energy services in Illinois.
15 (b) The Commission shall enter an order approving, or
16 approving as modified, the delivery services tariff no later
17 than 30 days prior to the date on which the electric utility
18 must commence offering such services. The Commission may
19 subsequently modify such tariff pursuant to this Act.
20 (c) The electric utility's tariffs shall define the
21 classes of its customers for purposes of delivery services
22 charges. Delivery services shall be priced and made
23 available to all retail customers electing delivery services
24 in each such class on a nondiscriminatory basis regardless of
25 whether the retail customer chooses the electric utility, an
26 affiliate of the electric utility, or another entity as its
27 supplier of electric power and energy. Charges for delivery
28 services shall be cost based, and shall allow the electric
29 utility to recover the costs of providing delivery services
30 through its charges to its delivery service customers that
31 use the facilities and services associated with such costs.
32 Such costs shall include the costs of owning, operating and
33 maintaining transmission and distribution facilities. The
34 Commission shall also be authorized to consider whether, and
35 if so to what extent, the following costs are appropriately
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1 included in the electric utility's delivery services rates:
2 (i) the costs of that portion of generation facilities used
3 for the production and absorption of reactive power in order
4 that retail customers located in the electric utility's
5 service area can receive electric power and energy from
6 suppliers other than the electric utility, and (ii) the costs
7 associated with the use and redispatch of generation
8 facilities to mitigate constraints on the transmission or
9 distribution system in order that retail customers located in
10 the electric utility's service area can receive electric
11 power and energy from suppliers other than the electric
12 utility. Nothing in this subsection shall be construed as
13 directing the Commission to allocate any of the costs
14 described in (i) or (ii) that are found to be appropriately
15 included in the electric utility's delivery services rates to
16 any particular customer group or geographic area in setting
17 delivery services rates.
18 (d) The Commission shall establish charges, terms and
19 conditions for delivery services that are just and reasonable
20 and shall take into account customer impacts when
21 establishing such charges. In establishing charges, terms and
22 conditions for delivery services, the Commission shall take
23 into account voltage level differences. A retail customer
24 shall have the option to request to purchase electric service
25 at any delivery service voltage reasonably and technically
26 feasible from the electric facilities serving that customer's
27 premises provided that there are no significant adverse
28 impacts upon system reliability or system efficiency. A
29 retail customer shall also have the option to request to
30 purchase electric service at any point of delivery that is
31 reasonably and technically feasible provided that there are
32 no significant adverse impacts on system reliability or
33 efficiency. Such requests shall not be unreasonably denied.
34 (e) Electric utilities shall recover the costs of
35 installing, operating or maintaining facilities for the
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1 particular benefit of one or more delivery services
2 customers, including without limitation any costs incurred in
3 complying with a customer's request to be served at a
4 different voltage level, directly from the retail customer or
5 customers for whose benefit the costs were incurred, to the
6 extent such costs are not recovered through the charges
7 referred to in subsections (c) and (d) of this Section.
8 (f) An electric utility shall be entitled but not
9 required to implement transition charges in conjunction with
10 the offering of delivery services pursuant to Section 16-104.
11 If an electric utility implements transition charges, it
12 shall implement such charges for all delivery services
13 customers and for all customers described in subsection (h),
14 but shall not implement transition charges for power and
15 energy that a retail customer takes from cogeneration or
16 self-generation facilities located on that retail customer's
17 premises, if such facilities meet the following criteria:
18 (i) the cogeneration or self-generation facilities
19 serve a single retail customer and are located on that
20 retail customer's premises (for purposes of this
21 subparagraph and subparagraph (ii), an industrial or
22 manufacturing retail customer and a third party
23 contractor that is served by such industrial or
24 manufacturing customer through such retail customer's own
25 electrical distribution facilities under the
26 circumstances described in subsection (vi) of the
27 definition of "alternative retail electric supplier" set
28 forth in Section 16-102, shall be considered a single
29 retail customer);
30 (ii) the cogeneration or self-generation facilities
31 either (A) are sized pursuant to generally accepted
32 engineering standards for the retail customer's
33 electrical load at that premises (taking into account
34 standby or other reliability considerations related to
35 that retail customer's operations at that site) or (B) if
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1 the facility is a cogeneration facility located on the
2 retail customer's premises, the retail customer is the
3 thermal host for that facility and the facility has been
4 designed to meet that retail customer's thermal energy
5 requirements resulting in electrical output beyond that
6 retail customer's electrical demand at that premises,
7 comply with the operating and efficiency standards
8 applicable to "qualifying facilities" specified in title
9 18 Code of Federal Regulations Section 292.205 as in
10 effect on the effective date of this amendatory Act of
11 1999;
12 (iii) the retail customer on whose premises the
13 facilities are located either has an exclusive right to
14 receive, and corresponding obligation to pay for, all of
15 the electrical capacity of the facility, or in the case
16 of a cogeneration facility that has been designed to meet
17 the retail customer's thermal energy requirements at that
18 premises, an identified amount of the electrical capacity
19 of the facility, over a minimum 5-year period; and
20 (iv) if the cogeneration facility is sized for the
21 retail customer's thermal load at that premises but
22 exceeds the electrical load, any sales of excess power or
23 energy are made only at wholesale, are subject to the
24 jurisdiction of the Federal Energy Regulatory Commission,
25 and are not for the purpose of circumventing the
26 provisions of this subsection (f).
27 If a generation facility located at a retail customer's
28 premises does not meet the above criteria, an electric
29 utility implementing transition charges shall implement a
30 transition charge until December 31, 2006 for any power and
31 energy taken by such retail customer from such facility as if
32 such power and energy had been delivered by the electric
33 utility. Provided, however, that an industrial retail
34 customer that is taking power from a generation facility that
35 does not meet the above criteria but that is located on such
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1 customer's premises will not be subject to a transition
2 charge for the power and energy taken by such retail customer
3 from such generation facility if the facility does not serve
4 any other retail customer and either was installed on behalf
5 of the customer and for its own use prior to January 1, 1997,
6 or is both predominantly fueled by byproducts of such
7 customer's manufacturing process at such premises and sells
8 or offers an average of 300 megawatts or more of electricity
9 produced from such generation facility into the wholesale
10 market. Such charges shall be calculated as provided in
11 Section 16-102, and shall be collected on each kilowatt-hour
12 delivered under a delivery services tariff to a retail
13 customer from the date the customer first takes delivery
14 services until December 31, 2006 except as provided in
15 subsection (h) of this Section. Provided, however, that an
16 electric utility, other than an electric utility providing
17 service to at least 1,000,000 customers in this State on
18 January 1, 1999, shall be entitled to petition for entry of
19 an order by the Commission authorizing the electric utility
20 to implement transition charges for an additional period
21 ending no later than December 31, 2008. The electric utility
22 shall file its petition with supporting evidence no earlier
23 than 16 months, and no later than 12 months, prior to
24 December 31, 2006. The Commission shall hold a hearing on
25 the electric utility's petition and shall enter its order no
26 later than 8 months after the petition is filed. The
27 Commission shall determine whether and to what extent the
28 electric utility shall be authorized to implement transition
29 charges for an additional period. The Commission may
30 authorize the electric utility to implement transition
31 charges for some or all of the additional period, and shall
32 determine the mitigation factors to be used in implementing
33 such transition charges; provided, that the Commission shall
34 not authorize mitigation factors less than 110% of those in
35 effect during the 12 months ended December 31, 2006. In
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1 making its determination, the Commission shall consider the
2 following factors: the necessity to implement transition
3 charges for an additional period in order to maintain the
4 financial integrity of the electric utility; the prudence of
5 the electric utility's actions in reducing its costs since
6 the effective date of this amendatory Act of 1997; the
7 ability of the electric utility to provide safe, adequate and
8 reliable service to retail customers in its service area; and
9 the impact on competition of allowing the electric utility to
10 implement transition charges for the additional period.
11 (g) The electric utility shall file tariffs that
12 establish the transition charges to be paid by each class of
13 customers to the electric utility in conjunction with the
14 provision of delivery services. The electric utility's
15 tariffs shall define the classes of its customers for
16 purposes of calculating transition charges. The electric
17 utility's tariffs shall provide for the calculation of
18 transition charges on a customer-specific basis for any
19 retail customer whose average monthly maximum electrical
20 demand on the electric utility's system during the 6 months
21 with the customer's highest monthly maximum electrical
22 demands equals or exceeds 3.0 megawatts for electric
23 utilities having more than 1,000,000 customers, and for other
24 electric utilities for any customer that has an average
25 monthly maximum electrical demand on the electric utility's
26 system of one megawatt or more, and (A) for which there
27 exists data on the customer's usage during the 3 years
28 preceding the date that the customer became eligible to take
29 delivery services, or (B) for which there does not exist data
30 on the customer's usage during the 3 years preceding the date
31 that the customer became eligible to take delivery services,
32 if in the electric utility's reasonable judgment there exists
33 comparable usage information or a sufficient basis to develop
34 such information, and further provided that the electric
35 utility can require customers for which an individual
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1 calculation is made to sign contracts that set forth the
2 transition charges to be paid by the customer to the electric
3 utility pursuant to the tariff.
4 (h) An electric utility shall also be entitled to file
5 tariffs that allow it to collect transition charges from
6 retail customers in the electric utility's service area that
7 do not take delivery services but that take electric power or
8 energy from an alternative retail electric supplier or from
9 an electric utility other than the electric utility in whose
10 service area the customer is located. Such charges shall be
11 calculated, in accordance with the definition of transition
12 charges in Section 16-102, for the period of time that the
13 customer would be obligated to pay transition charges if it
14 were taking delivery services, except that no deduction for
15 delivery services revenues shall be made in such calculation,
16 and usage data from the customer's class shall be used where
17 historical usage data is not available for the individual
18 customer. The customer shall be obligated to pay such
19 charges on a lump sum basis on or before the date on which
20 the customer commences to take service from the alternative
21 retail electric supplier or other electric utility, provided,
22 that the electric utility in whose service area the customer
23 is located shall offer the customer the option of signing a
24 contract pursuant to which the customer pays such charges
25 ratably over the period in which the charges would otherwise
26 have applied.
27 (i) An electric utility shall be entitled to add to the
28 bills of delivery services customers charges pursuant to
29 Sections 9-221, 9-222 (except as provided in Section
30 9-222.1), and Section 16-114 of this Act, Section 5-5 of the
31 Electricity Infrastructure Maintenance Fee Law, Section 6-5
32 of the Renewable Energy, Energy Efficiency, and Coal
33 Resources Development Law of 1997, and Section 13 of the
34 Energy Assistance Act of 1989.
35 (j) If a retail customer that obtains electric power and
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1 energy from cogeneration or self-generation facilities
2 installed for its own use on or before January 1, 1997,
3 subsequently takes service from an alternative retail
4 electric supplier or an electric utility other than the
5 electric utility in whose service area the customer is
6 located for any portion of the customer's electric power and
7 energy requirements formerly obtained from those facilities
8 (including that amount purchased from the utility in lieu of
9 such generation and not as standby power purchases, under a
10 cogeneration displacement tariff in effect as of the
11 effective date of this amendatory Act of 1997), the
12 transition charges otherwise applicable pursuant to
13 subsections (f), (g), or (h) of this Section shall not be
14 applicable in any year to that portion of the customer's
15 electric power and energy requirements formerly obtained from
16 those facilities, provided, that for purposes of this
17 subsection (j), such portion shall not exceed the average
18 number of kilowatt-hours per year obtained from the
19 cogeneration or self-generation facilities during the 3 years
20 prior to the date on which the customer became eligible for
21 delivery services, except as provided in subsection (f) of
22 Section 16-110.
23 (Source: P.A. 90-561, eff. 12-16-97.)
24 (220 ILCS 5/16-110)
25 Sec. 16-110. Delivery services customer power purchase
26 options.
27 (a) Each electric utility shall offer a tariffed service
28 or services in accordance with the terms and conditions set
29 forth in this Section pursuant to which its non-residential
30 delivery services customers may purchase from the electric
31 utility an amount of electric power and energy that is equal
32 to or less than the amounts that are delivered by such
33 electric utility.
34 (b) Except as provided in subsection (o) of Section
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1 16-112, a non-residential delivery services customer that is
2 paying transition charges to the electric utility shall be
3 permitted to purchase electric power and energy from the
4 electric utility at a price or prices equal to the sum of (i)
5 the market values that are determined for the electric
6 utility in accordance with Section 16-112 and used by the
7 electric utility to calculate the customer's transition
8 charges and (ii) a fee that compensates the electric utility
9 for any administrative costs it incurs in arranging to supply
10 such electric power and energy. The electric utility may
11 require that the customer purchase such electric power and
12 energy for periods of not less than one year and may also
13 require that the customer give up to 30 days notice for a
14 purchase of one year's duration, and 90 days notice for a
15 purchase of more than one year's duration. A non-residential
16 delivery service customer exercising the option described in
17 this subsection may sell or assign its interests in the
18 electric power or energy that the customer has purchased. In
19 the case of any such assignment or sale by any
20 non-residential delivery service customer to an alternative
21 retail electric supplier that is serving such customer and
22 has been certified pursuant to Section 16-115, an electric
23 utility serving more than 500,000 customers shall provide
24 such power and energy at the same market value as set forth
25 in clause (i) of this subsection, together with the fee
26 charged under clause (ii) of this subsection, less any costs
27 included in such market value or fee with respect to retail
28 marketing activities, provided, however, that in no event
29 shall an electric utility be required after June 1, 2002 to
30 provide power and energy at this market value plus fee that
31 excludes marketing costs for any such assignment or sale by a
32 non-residential customer to an alternative retail electric
33 supplier. At least twice per year, each electric utility
34 shall notify its small commercial retail customers, through
35 bill inserts and other similar means, of their option to
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1 obtain electric power and energy through purchases at market
2 value pursuant to this subsection.
3 (c) After the transition charge period applicable to a
4 non-residential delivery services customer, and until the
5 provision of electric power and energy is declared
6 competitive for the customer group to which the customer
7 belongs, a non-residential delivery services customer that
8 paid any transition charges it was legally obligated to pay
9 to an electric utility shall be permitted to purchase
10 electric power and energy from the electric utility for
11 contract periods of one year at a price or prices equal to
12 the sum of (i) the market value determined for that
13 customer's class pursuant to Section 16-112 and (ii) to the
14 extent it is not included in such market value, a fee to
15 compensate the electric utility for the service of arranging
16 the supply or purchase of such electric power and energy.
17 The electric utility may require that a delivery services
18 customer give the following notice for such a purchase: (i)
19 for a small commercial retail customer, not more than 30
20 days; (ii) for a nonresidential customer which is not a small
21 commercial retail customer but which has maximum electrical
22 demand of less than 500 kilowatts, not more than 6 months;
23 (iii) for a nonresidential customer with maximum electrical
24 demand of 500 kilowatts or more but less than one megawatt,
25 not more than 9 months; and (iv) for a nonresidential
26 customer with maximum electrical demand of one megawatt or
27 more, not more than one year. At least twice per year, each
28 electric utility shall notify its small commercial retail
29 customers, through bill inserts or other similar means, of
30 their option to obtain electric power and energy through
31 purchases at market value pursuant to this subsection.
32 (d) After the transition charge period applicable to a
33 non-residential delivery services customer, and until the
34 provision of electric power and energy is declared
35 competitive for the customer group to which the customer
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1 belongs, a non-residential delivery services customer, other
2 than a small commercial retail customer, that paid any
3 transition charges it was legally obligated to pay to an
4 electric utility shall be permitted to purchase electric
5 power and energy from the electric utility for contract
6 periods of one year at a price or prices equal to (A) the sum
7 of (i) the electric utility's actual cost of procuring such
8 electric power and energy and (ii) a broker's fee to
9 compensate the electric utility for arranging the supply, or,
10 if the utility so elects, (B) the market value of electric
11 power or energy provided by the electric utility determined
12 as set forth in the electric utility's tariff for that
13 customer's class. The electric utility may require that the
14 delivery services customer give up to 30 days notice for such
15 a purchase.
16 (e) Each delivery services customer purchasing electric
17 power and energy from the electric utility pursuant to a
18 tariff filed in accordance with this Section shall also pay
19 all of the applicable charges set forth in the electric
20 utility's delivery services tariffs and any other tariffs
21 applicable to the services provided to that customer by the
22 electric utility.
23 (f) An electric utility can require a retail customer
24 taking delivery services that formerly generated electric
25 power and energy for its own use and that would not otherwise
26 pay transition charges on a portion of its electric power and
27 energy requirements served on delivery services to pay
28 transition charges on that portion of the customer's electric
29 power and energy requirements as a condition of exercising
30 the delivery services customer power purchase options set
31 forth in this Section.
32 (Source: P.A. 90-561, eff. 12-16-97.)
33 (220 ILCS 5/16-111)
34 Sec. 16-111. Rates and restructuring transactions during
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1 mandatory transition period.
2 (a) During the mandatory transition period,
3 notwithstanding any provision of Article IX of this Act, and
4 except as provided in subsections (b), (d), (e), and (f) of
5 this Section, the Commission shall not (i) initiate,
6 authorize or order any change by way of increase (other than
7 in connection with a request for rate increase which was
8 filed after September 1, 1997 but prior to October 15, 1997,
9 by an electric utility serving less than 12,500 customers in
10 this state), (ii) initiate or, unless requested by the
11 electric utility, authorize or order any change by way of
12 decrease, restructuring or unbundling (except as provided in
13 Section 16-109A), in the rates of any electric utility that
14 were in effect on October 1, 1996, or (iii) in any order
15 approving any application for a merger pursuant to Section
16 7-204 that was pending as of May 16, 1997, impose any
17 condition requiring any filing for an increase, decrease, or
18 change in, or other review of, an electric utility's rates or
19 enforce any such condition of any such order; provided,
20 however, that this subsection shall not prohibit the
21 Commission from:
22 (1) approving the application of an electric
23 utility to implement an alternative to rate of return
24 regulation or a regulatory mechanism that rewards or
25 penalizes the electric utility through adjustment of
26 rates based on utility performance, pursuant to Section
27 9-244;
28 (2) authorizing an electric utility to eliminate
29 its fuel adjustment clause and adjust its base rate
30 tariffs in accordance with subsection (b), (d), or (f) of
31 Section 9-220 of this Act, to fix its fuel adjustment
32 factor in accordance with subsection (c) of Section 9-220
33 of this Act, or to eliminate its fuel adjustment clause
34 in accordance with subsection (e) of Section 9-220 of
35 this Act;
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1 (3) ordering into effect tariffs for delivery
2 services and transition charges in accordance with
3 Sections 16-104 and 16-108, for real-time pricing in
4 accordance with Section 16-107, or the options required
5 by Section 16-110 and subsection (n) of 16-112, allowing
6 a billing experiment in accordance with Section 16-106,
7 or modifying delivery services tariffs in accordance with
8 Section 16-109; or
9 (4) ordering or allowing into effect any tariff to
10 recover charges pursuant to Sections 9-201.5, 9-220.1,
11 9-221, 9-222 (except as provided in Section 9-222.1),
12 16-108, and 16-114 of this Act, Section 5-5 of the
13 Electricity Infrastructure Maintenance Fee Law, Section
14 6-5 of the Renewable Energy, Energy Efficiency, and Coal
15 Resources Development Law of 1997, and Section 13 of the
16 Energy Assistance Act of 1989.
17 (b) Notwithstanding the provisions of subsection (a),
18 each Illinois electric utility serving more than 12,500
19 customers in Illinois shall file tariffs (i) reducing,
20 effective August 1, 1998, each component of its base rates to
21 residential retail customers by 15% from the base rates in
22 effect immediately prior to January 1, 1998 and (ii) if the
23 public utility provides electric service to (A) more than
24 500,000 customers but less than 1,000,000 customers in this
25 State on January 1, 1999 the effective date of this
26 amendatory Act of 1997, reducing, effective May 1, 2002, each
27 component of its base rates to residential retail customers
28 by an additional 5% from the base rates in effect immediately
29 prior to January 1, 1998, or (B) at least 1,000,000 customers
30 in this State on January 1, 1999, reducing, effective October
31 1, 2001, each component of its base rates to residential
32 retail customers by an additional 5% from the base rates in
33 effect immediately prior to January 1, 1998. Provided,
34 however, that (A) if an electric utility's average
35 residential retail rate is less than or equal to the average
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1 residential retail rate for a group of Midwest Utilities
2 (consisting of all investor-owned electric utilities with
3 annual system peaks in excess of 1000 megawatts in the States
4 of Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri,
5 Ohio, and Wisconsin), based on data reported on Form 1 to the
6 Federal Energy Regulatory Commission for calendar year 1995,
7 then it shall only be required to file tariffs (i) reducing,
8 effective August 1, 1998, each component of its base rates to
9 residential retail customers by 5% from the base rates in
10 effect immediately prior to January 1, 1998, (ii) reducing,
11 effective October 1, 2000, each component of its base rates
12 to residential retail customers by the lesser of 5% of the
13 base rates in effect immediately prior to January 1, 1998 or
14 the percentage by which the electric utility's average
15 residential retail rate exceeds the average residential
16 retail rate of the Midwest Utilities, based on data reported
17 on Form 1 to the Federal Energy Regulatory Commission for
18 calendar year 1999, and (iii) reducing, effective October 1,
19 2002, each component of its base rates to residential retail
20 customers by an additional amount equal to the lesser of 5%
21 of the base rates in effect immediately prior to January 1,
22 1998 or the percentage by which the electric utility's
23 average residential retail rate exceeds the average
24 residential retail rate of the Midwest Utilities, based on
25 data reported on Form 1 to the Federal Energy Regulatory
26 Commission for calendar year 2001; and (B) if the average
27 residential retail rate of an electric utility serving
28 between 150,000 and 250,000 retail customers in this State on
29 January 1, 1995 is less than or equal to 90% of the average
30 residential retail rate for the Midwest Utilities, based on
31 data reported on Form 1 to the Federal Energy Regulatory
32 Commission for calendar year 1995, then it shall only be
33 required to file tariffs (i) reducing, effective August 1,
34 1998, each component of its base rates to residential retail
35 customers by 2% from the base rates in effect immediately
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1 prior to January 1, 1998; (ii) reducing, effective October 1,
2 2000, each component of its base rates to residential retail
3 customers by 2% from the base rate in effect immediately
4 prior to January 1, 1998; and (iii) reducing, effective
5 October 1, 2002, each component of its base rates to
6 residential retail customers by 1% from the base rates in
7 effect immediately prior to January 1, 1998. Provided,
8 further, that any electric utility for which a decrease in
9 base rates has been or is placed into effect between October
10 1, 1996 and the dates specified in the preceding sentences of
11 this subsection, other than pursuant to the requirements of
12 this subsection, shall be entitled to reduce the amount of
13 any reduction or reductions in its base rates required by
14 this subsection by the amount of such other decrease. The
15 tariffs required under this subsection shall be filed 45 days
16 in advance of the effective date. Notwithstanding anything to
17 the contrary in Section 9-220 of this Act, no restatement of
18 base rates in conjunction with the elimination of a fuel
19 adjustment clause under that Section shall result in a lesser
20 decrease in base rates than customers would otherwise receive
21 under this subsection had the electric utility's fuel
22 adjustment clause not been eliminated.
23 (c) Any utility reducing its base rates by 15% on August
24 1, 1998 pursuant to subsection (b) shall include the
25 following statement on its bills for residential customers
26 from August 1 through December 31, 1998: "Effective August 1,
27 1998, your rates have been reduced by 15% by the Electric
28 Service Customer Choice and Rate Relief Law of 1997 passed by
29 the Illinois General Assembly.". Any utility reducing its
30 base rates by 5% on August 1, 1998, pursuant to subsection
31 (b) shall include the following statement on its bills for
32 residential customers from August 1 through December 31,
33 1998: "Effective August 1, 1998, your rates have been
34 reduced by 5% by the Electric Service Customer Choice and
35 Rate Relief Law of 1997 passed by the Illinois General
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1 Assembly.".
2 Any utility reducing its base rates by 2% on August 1,
3 1998 pursuant to subsection (b) shall include the following
4 statement on its bills for residential customers from August
5 1 through December 31, 1998: "Effective August 1, 1998, your
6 rates have been reduced by 2% by the Electric Service
7 Customer Choice and Rate Relief Law of 1997 passed by the
8 Illinois General Assembly.".
9 (d) During the mandatory transition period, but not
10 before January 1, 2000, and notwithstanding the provisions
11 of subsection (a), an electric utility may request an
12 increase in its base rates if the electric utility
13 demonstrates that the 2-year average of its earned rate of
14 return on common equity, calculated as its net income
15 applicable to common stock divided by the average of its
16 beginning and ending balances of common equity using data
17 reported in the electric utility's Form 1 report to the
18 Federal Energy Regulatory Commission but adjusted to remove
19 the effects of accelerated depreciation or amortization or
20 other transition or mitigation measures implemented by the
21 electric utility pursuant to subsection (g) of this Section
22 and the effect of any refund paid pursuant to subsection (e)
23 of this Section, is below the 2-year average for the same 2
24 years of the monthly average yields of 30-year U.S. Treasury
25 bonds published by the Board of Governors of the Federal
26 Reserve System in its weekly H.15 Statistical Release or
27 successor publication. The Commission shall review the
28 electric utility's request, and may review the justness and
29 reasonableness of all rates for tariffed services, in
30 accordance with the provisions of Article IX of this Act,
31 provided that the Commission shall consider any special or
32 negotiated adjustments to the revenue requirement agreed to
33 between the electric utility and the other parties to the
34 proceeding. In setting rates under this Section, the
35 Commission shall exclude the costs and revenues that are
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1 associated with competitive services and any billing or
2 pricing experiments conducted under Section 16-106.
3 (e) For the purposes of this subsection (e) all
4 calculations and comparisons shall be performed for the
5 Illinois operations of multijurisdictional utilities. During
6 the mandatory transition period, notwithstanding the
7 provisions of subsection (a), if the 2-year average of an
8 electric utility's earned rate of return on common equity,
9 calculated as its net income applicable to common stock
10 divided by the average of its beginning and ending balances
11 of common equity using data reported in the electric
12 utility's Form 1 report to the Federal Energy Regulatory
13 Commission but adjusted to remove the effect of any refund
14 paid under this subsection (e), and further adjusted to
15 include the annual amortization of any difference between the
16 consideration received by an affiliated interest of the
17 electric utility in the sale of an asset which had been sold
18 or transferred by the electric utility to the affiliated
19 interest subsequent to the effective date of this amendatory
20 Act of 1997 and the consideration for which such asset had
21 been sold or transferred to the affiliated interest, with
22 such difference to be amortized ratably from the date of the
23 sale by the affiliated interest to December 31, 2006, exceeds
24 the 2-year average of the Index for the same 2 years by 1.5
25 or more percentage points, the electric utility shall make
26 refunds to customers beginning the first billing day of April
27 in the following year in the manner described in paragraph
28 (3) of this subsection. For purposes of this subsection (e),
29 the "Index" shall be the sum of (A) the average for the 12
30 months ended September 30 of the monthly average yields of
31 30-year U.S. Treasury bonds published by the Board of
32 Governors of the Federal Reserve System in its weekly H.15
33 Statistical Release or successor publication for each year
34 1998 through 2004, and (B) (i) 4.00 percentage points for
35 each of the 12-month periods ending September 30, 1998
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1 through September 30, 1999 or 8.00 percentage points if the
2 electric utility's average residential retail rate is less
3 than or equal to 90% of the average residential retail rate
4 for the "Midwest Utilities", as that term is defined in
5 subsection (b) of this Section, based on data reported on
6 Form 1 to the Federal Energy Regulatory Commission for
7 calendar year 1995, and the electric utility served between
8 150,000 and 250,000 retail customers on January 1, 1995, or
9 (ii) 7.00 5.00 percentage points for each of the 12-month
10 periods ending September 30, 2000 through September 30, 2004
11 if the electric utility was providing service to at least
12 1,000,000 customers in this State on January 1, 1999, or 9.00
13 percentage points if the electric utility's average
14 residential retail rate is less than or equal to 90% of the
15 average residential retail rate for the "Midwest Utilities",
16 as that term is defined in subsection (b) of this Section,
17 based on data reported on Form 1 to the Federal Energy
18 Regulatory Commission for calendar year 1995 and the electric
19 utility served between 150,000 and 250,000 retail customers
20 in this State on January 1, 1995, (iii) 11.00 percentage
21 points for each of the 12-month periods ending September 30,
22 2000 through September 30, 2004, but only if the electric
23 utility's average residential retail rate is less than or
24 equal to 90% of the average residential retail rate for the
25 "Midwest Utilities", as that term is defined in subsection
26 (b) of this Section, based on data reported on Form 1 to the
27 Federal Energy Regulatory Commission for calendar year 1995,
28 the electric utility served between 150,000 and 250,000
29 retail customers in this State on January 1, 1995, and the
30 electric utility offers delivery services on or before June
31 1, 2000 to retail customers whose annual electric energy use
32 comprises 33% of the kilowatt hour sales to that group of
33 retail customers that are classified under Division D, Groups
34 20 through 39 of the Standard Industrial Classifications set
35 forth in the Standard Industrial Classification Manual
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1 published by the United States Office of Management and
2 Budget, excluding the kilowatt hour sales to those customers
3 that are eligible for delivery services pursuant to Section
4 16-104(a)(1)(i), and offers delivery services to its
5 remaining retail customers classified under Division D,
6 Groups 20 through 39 on or before October 1, 2000, and,
7 provided further, that the electric utility commits not to
8 petition pursuant to Section 16-108(f) for entry of an order
9 by the Commission authorizing the electric utility to
10 implement transition charges for an additional period after
11 December 31, 2006, or (iv) 5.00 percentage points for each of
12 the 12-month periods ending September 30, 2000 through
13 September 30, 2004 for all other electric utilities or 7.00
14 percentage points for such utilities for each of the 12-month
15 periods ending September 30, 2000 through September 30, 2004
16 for any such utility that commits not to petition pursuant to
17 Section 16-108(f) for entry of an order by the Commission
18 authorizing the electric utility to implement transition
19 charges for an additional period after December 31, 2006.
20 (1) For purposes of this subsection (e), "excess
21 earnings" means the difference between (A) the 2-year
22 average of the electric utility's earned rate of return
23 on common equity, less (B) the 2-year average of the sum
24 of (i) the Index applicable to each of the 2 years and
25 (ii) 1.5 percentage points; provided, that "excess
26 earnings" shall never be less than zero.
27 (2) On or before March 31 of each year 2000 through
28 2005 each electric utility shall file a report with the
29 Commission showing its earned rate of return on common
30 equity, calculated in accordance with this subsection,
31 for the preceding calendar year and the average for the
32 preceding 2 calendar years.
33 (3) If an electric utility has excess earnings,
34 determined in accordance with paragraphs (1) and (2) of
35 this subsection, the refunds which the electric utility
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1 shall pay to its customers beginning the first billing
2 day of April in the following year shall be calculated
3 and applied as follows:
4 (i) The electric utility's excess earnings
5 shall be multiplied by the average of the beginning
6 and ending balances of the electric utility's common
7 equity for the 2-year period in which excess
8 earnings occurred.
9 (ii) The result of the calculation in (i)
10 shall be multiplied by 0.50 and then divided by a
11 number equal to 1 minus the electric utility's
12 composite federal and State income tax rate.
13 (iii) The result of the calculation in (ii)
14 shall be divided by the sum of the electric
15 utility's projected total kilowatt-hour sales to
16 retail customers plus projected kilowatt-hours to be
17 delivered to delivery services customers over a one
18 year period beginning with the first billing date in
19 April in the succeeding year to determine a cents
20 per kilowatt-hour refund factor.
21 (iv) The cents per kilowatt-hour refund factor
22 calculated in (iii) shall be credited to the
23 electric utility's customers by applying the factor
24 on the customer's monthly bills to each
25 kilowatt-hour sold or delivered until the total
26 amount calculated in (ii) has been paid to
27 customers.
28 (f) During the mandatory transition period, an electric
29 utility may file revised tariffs reducing the price of any
30 tariffed service offered by the electric utility for all
31 customers taking that tariffed service, which shall be
32 effective 7 days after filing.
33 (g) During the mandatory transition period, an electric
34 utility may, without obtaining any approval of the Commission
35 other than that provided for in this subsection and
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1 notwithstanding any other provision of this Act or any rule
2 or regulation of the Commission that would require such
3 approval:
4 (1) implement a reorganization, other than a merger
5 of 2 or more public utilities as defined in Section 3-105
6 or their holding companies;
7 (2) retire generating plants from service;
8 (3) sell, assign, lease or otherwise transfer
9 assets to an affiliated or unaffiliated entity and as
10 part of such transaction enter into service agreements,
11 power purchase agreements, or other agreements with the
12 transferee; provided, however, that the prices, terms and
13 conditions of any power purchase agreement must be
14 approved or allowed into effect by the Federal Energy
15 Regulatory Commission; or
16 (4) use any accelerated cost recovery method
17 including accelerated depreciation, accelerated
18 amortization or other capital recovery methods, or record
19 reductions to the original cost of its assets.
20 In order to implement a reorganization, retire generating
21 plants from service, or sell, assign, lease or otherwise
22 transfer assets pursuant to this Section, the electric
23 utility shall comply with subsections (c) and (d) of Section
24 16-128, if applicable, and subsection (k) of this Section, if
25 applicable, and provide the Commission with at least 30 days
26 notice of the proposed reorganization or transaction, which
27 notice shall include the following information:
28 (i) a complete statement of the entries that
29 the electric utility will make on its books and
30 records of account to implement the proposed
31 reorganization or transaction together with a
32 certification from an independent certified public
33 accountant that such entries are in accord with
34 generally accepted accounting principles and, if the
35 Commission has previously approved guidelines for
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1 cost allocations between the utility and its
2 affiliates, a certification from the chief
3 accounting officer of the utility that such entries
4 are in accord with those cost allocation guidelines;
5 (ii) a description of how the electric utility
6 will use proceeds of any sale, assignment, lease or
7 transfer to retire debt or otherwise reduce or
8 recover the costs of services provided by such
9 electric utility;
10 (iii) a list of all federal approvals or
11 approvals required from departments and agencies of
12 this State, other than the Commission, that the
13 electric utility has or will obtain before
14 implementing the reorganization or transaction;
15 (iv) an irrevocable commitment by the electric
16 utility that it will not, as a result of the
17 transaction, impose any stranded cost charges that
18 it might otherwise be allowed to charge retail
19 customers under federal law or increase the
20 transition charges that it is otherwise entitled to
21 collect under this Article XVI; and
22 (v) if the electric utility proposes to sell,
23 assign, lease or otherwise transfer a generating
24 plant that brings the amount of net dependable
25 generating capacity transferred pursuant to this
26 subsection to an amount equal to or greater than 15%
27 of the electric utility's net dependable capacity as
28 of the effective date of this amendatory Act of
29 1997, and enters into a power purchase agreement
30 with the entity to which such generating plant is
31 sold, assigned, leased, or otherwise transferred,
32 the electric utility also agrees, if its fuel
33 adjustment clause has not already been eliminated,
34 to eliminate its fuel adjustment clause in
35 accordance with subsection (b) of Section 9-220 for
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1 a period of time equal to the length of any such
2 power purchase agreement or successor agreement, or
3 until January 1, 2005, whichever is longer; if the
4 capacity of the generating plant so transferred and
5 related power purchase agreement does not result in
6 the elimination of the fuel adjustment clause under
7 this subsection, and the fuel adjustment clause has
8 not already been eliminated, the electric utility
9 shall agree that the costs associated with the
10 transferred plant that are included in the
11 calculation of the rate per kilowatt-hour to be
12 applied pursuant to the electric utility's fuel
13 adjustment clause during such period shall not
14 exceed the per kilowatt-hour cost associated with
15 such generating plant included in the electric
16 utility's fuel adjustment clause during the full
17 calendar year preceding the transfer, with such
18 limit to be adjusted each year thereafter by the
19 Gross Domestic Product Implicit Price Deflator.
20 (vi) In addition, if the electric utility
21 proposes to sell, assign, or lease, (A) either (1)
22 an amount of generating plant that brings the amount
23 of net dependable generating capacity transferred
24 pursuant to this subsection to an amount equal to or
25 greater than 15% of its net dependable capacity on
26 the effective date of this amendatory Act of 1997,
27 or (2) one or more generating plants with a total
28 net dependable capacity of 1100 megawatts, or (B)
29 transmission and distribution facilities that either
30 (1) bring the amount of transmission and
31 distribution facilities transferred pursuant to this
32 subsection to an amount equal to or greater than 15%
33 of the electric utility's total depreciated original
34 cost investment in such facilities, or (2) represent
35 an investment of $25,000,000 in terms of total
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1 depreciated original cost, the electric utility
2 shall provide, in addition to the information listed
3 in subparagraphs (i) through (v), the following
4 information: (A) a description of how the electric
5 utility will meet its service obligations under this
6 Act in a safe and reliable manner and (B) the
7 electric utility's projected earned rate of return
8 on common equity, calculated in accordance with
9 subsection (d) of this Section, for each year from
10 the date of the notice through December 31, 2004
11 both with and without the proposed transaction. If
12 the Commission has not issued an order initiating a
13 hearing on the proposed transaction within 30 days
14 after the date the electric utility's notice is
15 filed, the transaction shall be deemed approved.
16 The Commission may, after notice and hearing,
17 prohibit the proposed transaction if it makes either
18 or both of the following findings: (1) that the
19 proposed transaction will render the electric
20 utility unable to provide its tariffed services in a
21 safe and reliable manner, or (2) that there is a
22 strong likelihood that consummation of the proposed
23 transaction will result in the electric utility
24 being entitled to request an increase in its base
25 rates during the mandatory transition period
26 pursuant to subsection (d) of this Section. Any
27 hearing initiated by the Commission into the
28 proposed transaction shall be completed, and the
29 Commission's final order approving or prohibiting
30 the proposed transaction shall be entered, within 90
31 days after the date the electric utility's notice
32 was filed. Provided, however, that a sale,
33 assignment, or lease of transmission facilities to
34 an independent system operator that meets the
35 requirements of Section 16-126 shall not be subject
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1 to Commission approval under this Section.
2 In any proceeding conducted by the Commission
3 pursuant to this subparagraph (vi), intervention
4 shall be limited to parties with a direct interest
5 in the transaction which is the subject of the
6 hearing and any statutory consumer protection agency
7 as defined in subsection (d) of Section 9-102.1.
8 Notwithstanding the provisions of Section 10-113 of
9 this Act, any application seeking rehearing of an
10 order issued under this subparagraph (vi), whether
11 filed by the electric utility or by an intervening
12 party, shall be filed within 10 days after service
13 of the order.
14 The Commission shall not in any subsequent proceeding or
15 otherwise, review such a reorganization or other transaction
16 authorized by this Section, but shall retain the authority to
17 allocate costs as stated in Section 16-111(i). An entity to
18 which an electric utility sells, assigns, leases or transfers
19 assets pursuant to this subsection (g) shall not, as a result
20 of the transactions specified in this subsection (g), be
21 deemed a public utility as defined in Section 3-105. Nothing
22 in this subsection (g) shall change any requirement under the
23 jurisdiction of the Illinois Department of Nuclear Safety
24 including, but not limited to, the payment of fees. Nothing
25 in this subsection (g) shall exempt a utility from obtaining
26 a certificate pursuant to Section 8-406 of this Act for the
27 construction of a new electric generating facility. Nothing
28 in this subsection (g) is intended to exempt the transactions
29 hereunder from the operation of the federal or State
30 antitrust laws. Nothing in this subsection (g) shall require
31 an electric utility to use the procedures specified in this
32 subsection for any of the transactions specified herein. Any
33 other procedure available under this Act may, at the electric
34 utility's election, be used for any such transaction.
35 (h) During the mandatory transition period, the
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1 Commission shall not establish or use any rates of
2 depreciation, which for purposes of this subsection shall
3 include amortization, for any electric utility other than
4 those established pursuant to subsection (c) of Section 5-104
5 of this Act or utilized pursuant to subsection (g) of this
6 Section. Provided, however, that in any proceeding to review
7 an electric utility's rates for tariffed services pursuant to
8 Section 9-201, 9-202, 9-250 or 16-111(d) of this Act, the
9 Commission may establish new rates of depreciation for the
10 electric utility in the same manner provided in subsection
11 (d) of Section 5-104 of this Act. An electric utility
12 implementing an accelerated cost recovery method including
13 accelerated depreciation, accelerated amortization or other
14 capital recovery methods, or recording reductions to the
15 original cost of its assets, pursuant to subsection (g) of
16 this Section, shall file a statement with the Commission
17 describing the accelerated cost recovery method to be
18 implemented or the reduction in the original cost of its
19 assets to be recorded. Upon the filing of such statement,
20 the accelerated cost recovery method or the reduction in the
21 original cost of assets shall be deemed to be approved by the
22 Commission as though an order had been entered by the
23 Commission.
24 (i) Subsequent to the mandatory transition period, the
25 Commission, in any proceeding to establish rates and charges
26 for tariffed services offered by an electric utility, shall
27 consider only (1) the then current or projected revenues,
28 costs, investments and cost of capital directly or indirectly
29 associated with the provision of such tariffed services; (2)
30 collection of transition charges in accordance with Sections
31 16-102 and 16-108 of this Act; (3) recovery of any employee
32 transition costs as described in Section 16-128 which the
33 electric utility is continuing to incur, including recovery
34 of any unamortized portion of such costs previously incurred
35 or committed, with such costs to be equitably allocated among
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1 bundled services, delivery services, and contracts with
2 alternative retail electric suppliers; and (4) recovery of
3 the costs associated with the electric utility's compliance
4 with decommissioning funding requirements; and shall not
5 consider any other revenues, costs, investments or cost of
6 capital of either the electric utility or of any affiliate of
7 the electric utility that are not associated with the
8 provision of tariffed services. In setting rates for
9 tariffed services, the Commission shall equitably allocate
10 joint and common costs and investments between the electric
11 utility's competitive and tariffed services. In determining
12 the justness and reasonableness of the electric power and
13 energy component of an electric utility's rates for tariffed
14 services subsequent to the mandatory transition period and
15 prior to the time that the provision of such electric power
16 and energy is declared competitive, the Commission shall
17 consider the extent to which the electric utility's tariffed
18 rates for such component for each customer class exceed the
19 market value determined pursuant to Section 16-112, and, if
20 the electric power and energy component of such tariffed rate
21 exceeds the market value by more than 10% for any customer
22 class, may establish such electric power and energy component
23 at a rate equal to the market value plus 10%. In any such
24 case, the Commission may also elect to extend the provisions
25 of Section 16-111(e) for any period in which the electric
26 utility is collecting transition charges, using information
27 applicable to such period.
28 (j) During the mandatory transition period, an electric
29 utility may elect to transfer to a non-operating income
30 account under the Commission's Uniform System of Accounts
31 either or both of (i) an amount of unamortized investment tax
32 credit that is in addition to the ratable amount which is
33 credited to the electric utility's operating income account
34 for the year in accordance with Section 46(f)(2) of the
35 federal Internal Revenue Code of 1986, as in effect prior to
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1 P.L. 101-508, or (ii) "excess tax reserves", as that term is
2 defined in Section 203(e)(2)(A) of the federal Tax Reform Act
3 of 1986, provided that (A) the amount transferred may not
4 exceed the amount of the electric utility's assets that were
5 created pursuant to Statement of Financial Accounting
6 Standards No. 71 which the electric utility has written off
7 during the mandatory transition period, and (B) the transfer
8 shall not be effective until approved by the Internal Revenue
9 Service. An electric utility electing to make such a
10 transfer shall file a statement with the Commission stating
11 the amount and timing of the transfer for which it intends to
12 request approval of the Internal Revenue Service, along with
13 a copy of its proposed request to the Internal Revenue
14 Service for a ruling. The Commission shall issue an order
15 within 14 days after the electric utility's filing approving,
16 subject to receipt of approval from the Internal Revenue
17 Service, the proposed transfer.
18 (k) If an electric utility is selling or transferring to
19 a single buyer 5 or more generating plants located in this
20 State with a total net dependable capacity of 5000 megawatts
21 or more pursuant to subsection (g) of this Section and has
22 obtained a sale price or consideration that exceeds 200% of
23 the book value of such plants, the electric utility must
24 provide to the Governor, the President of the Illinois
25 Senate, the Minority Leader of the Illinois Senate, the
26 Speaker of the Illinois House of Representatives, and the
27 Minority Leader of the Illinois House of Representatives no
28 later than 15 days after filing its notice under subsection
29 (g) of this Section or 5 days after the date on which this
30 subsection (k) becomes law, whichever is later, a written
31 commitment in which such electric utility agrees to expend $2
32 billion outside the corporate limits of any municipality with
33 1,000,000 or more inhabitants within such electric utility's
34 service area, over a 6-year period beginning with the
35 calendar year in which the notice is filed, on projects,
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1 programs, and improvements within its service area relating
2 to transmission and distribution including, without
3 limitation, infrastructure expansion, repair and replacement,
4 capital investments, operations and maintenance, and
5 vegetation management.
6 (Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97.)
7 (220 ILCS 5/16-111.1 new)
8 Sec. 16-111.1. Illinois Clean Energy Community Trust.
9 (a) An electric utility which has sold or transferred
10 generating facilities in a transaction to which subsection
11 (k) of Section 16-111 applies is authorized to establish an
12 Illinois clean energy community trust or foundation for the
13 purposes of providing financial support and assistance to
14 entities, public or private, within the State of Illinois
15 including, but not limited to, units of State and local
16 government, educational institutions, corporations, and
17 charitable, educational, environmental and community
18 organizations, for programs and projects that benefit the
19 public by improving energy efficiency, developing renewable
20 energy resources, supporting other energy related projects
21 that improve the State's environmental quality, and
22 supporting projects and programs intended to preserve or
23 enhance the natural habitats and wildlife areas of the State.
24 Provided, however, that the trust or foundation funds shall
25 not be used for the remediation of environmentally impaired
26 property. The trust or foundation may also assist in
27 identifying other energy and environmental grant
28 opportunities.
29 (b) Such trust or foundation shall be governed by a
30 declaration of trust or articles of incorporation and by-
31 laws which shall, at a minimum, provide that:
32 (1) There shall be 6 voting trustees of the trust
33 or foundation, one of whom shall be appointed by the
34 Governor, one of whom shall be appointed by the President
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1 of the Illinois Senate, one of whom shall be appointed by
2 the Minority Leader of the Illinois Senate, one of whom
3 shall be appointed by the Speaker of the Illinois House
4 of Representatives, one of whom shall be appointed by the
5 Minority Leader of the Illinois House of Representatives,
6 and one of whom shall be appointed by the electric
7 utility establishing the trust or foundation, provided
8 that the voting trustee appointed by the utility shall be
9 a representative of a recognized environmental action
10 group selected by the utility. The Governor shall select
11 one of the 6 voting trustees, once appointed, to be the
12 first chairman of the trust or foundation pending the
13 first election of officers. In addition, there shall be 4
14 non-voting trustees, one of whom shall be appointed by
15 the Director of the Department of Commerce and Community
16 Affairs, one of whom shall be appointed by the Director
17 of the Illinois Environmental Protection Agency, one of
18 whom shall be appointed by the Director of the Department
19 of Natural Resources, and one of whom shall be appointed
20 by the electric utility establishing the trust or
21 foundation, provided that the non-voting trustee
22 appointed by the utility shall bring financial expertise
23 to the trust or foundation and shall have appropriate
24 credentials therefor.
25 (2) All voting trustees and the non-voting trustee
26 with financial expertise shall be entitled to
27 compensation for their services as trustees, provided,
28 however, that no member of the General Assembly and no
29 employee of the electric utility establishing the trust
30 or foundation serving as a voting trustee shall receive
31 any compensation for his or her services as a trustee,
32 and provided further that the compensation to the
33 chairman of the trust shall not exceed $25,000 annually
34 and the compensation to any other trustee shall not
35 exceed $20,000 annually. All trustees shall be entitled
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1 to reimbursement for reasonable expenses incurred on
2 behalf of the trust in the performance of their duties as
3 trustees. All such compensation and reimbursements shall
4 be paid out of the trust.
5 (3) Trustees shall be appointed within 30 days
6 after the creation of the trust or foundation and shall
7 serve for a term of 5 years commencing upon the date of
8 their respective appointments, until their respective
9 successors are appointed and qualified.
10 (4) A vacancy in the office of trustee shall be
11 filled by the person holding the office responsible for
12 appointing the trustee whose death or resignation creates
13 the vacancy, and a trustee appointed to fill a vacancy
14 shall serve the remainder of the term of the trustee
15 whose resignation or death created the vacancy.
16 (5) The trust or foundation shall have an
17 indefinite term, and shall terminate at such time as no
18 trust assets remain.
19 (6) The trust or foundation shall be funded in the
20 minimum amount of $250,000,000, with the allocation and
21 disbursement of funds for the various purposes for which
22 the trust or foundation is established to be determined
23 by the trustees in accordance with the declaration of
24 trust or the articles of incorporation and by-laws;
25 provided, however, that this amount may be reduced by up
26 to $25,000,000 if, at the time the trust or foundation is
27 funded, a corresponding amount is contributed by the
28 electric utility establishing the trust or foundation to
29 the Board of Trustees of Southern Illinois University for
30 the purpose of funding programs or projects related to
31 clean coal and provided further that $25,000,000 of the
32 amount contributed to the trust or foundation shall be
33 available to fund programs or projects related to clean
34 coal.
35 (7) The trust or foundation shall be authorized to
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1 employ an executive director and other employees, to
2 enter into leases, contracts and other obligations on
3 behalf of the trust or foundation, and to incur expenses
4 that the trustees deem necessary or appropriate for the
5 fulfillment of the purposes for which the trust or
6 foundation is established, provided, however, that
7 salaries and administrative expenses incurred on behalf
8 of the trust or foundation shall not exceed $500,000 in
9 the first fiscal year after the trust or foundation is
10 established and shall not exceed $1,000,000 in each
11 subsequent fiscal year.
12 (8) The trustees may create and appoint advisory
13 boards or committees to assist them with the
14 administration of the trust or foundation, and to advise
15 and make recommendations to them regarding the
16 contribution and disbursement of the trust or foundation
17 funds.
18 (c)(1) In addition to the allocation and disbursement of
19 funds for the purposes set forth in subsection (a) of
20 this Section, the trustees of the trust or foundation
21 shall annually contribute funds in amounts set forth in
22 subparagraph (2) of this subsection to the Citizens
23 Utility Board created by the Citizens Utility Board Act;
24 provided, however, that any such funds shall be used
25 solely for the representation of the interests of utility
26 consumers before the Illinois Commerce Commission, the
27 Federal Energy Regulatory Commission, and the Federal
28 Communications Commission and for the provision of
29 consumer education on utility service and prices and on
30 benefits and methods of energy conservation. Provided,
31 however, that no part of such funds shall be used to
32 support (i) any lobbying activity, (ii) activities
33 related to fundraising, (iii) advertising or other
34 marketing efforts regarding a particular utility, or (iv)
35 solicitation of support for, or advocacy of, a particular
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1 position regarding any specific utility or a utility's
2 docketed proceeding.
3 (2) In the calendar year in which the trust or
4 foundation is first funded, the trustees shall contribute
5 $1,000,000 to the Citizens Utility Board within 60 days
6 after such trust or foundation is established; provided,
7 however, that such contribution shall be made after
8 December 31, 1999. In each of the 6 calendar years
9 subsequent to the first contribution, if the trust or
10 foundation is in existence, the trustees shall contribute
11 to the Citizens Utility Board an amount equal to the
12 total expenditures by such organization in the prior
13 calendar year, as set forth in the report filed by the
14 Citizens Utility Board with the chairman of such trust or
15 foundation as required by subparagraph (3) of this
16 subsection. Such subsequent contributions shall be made
17 within 30 days of submission by the Citizens Utility
18 Board of such report to the Chairman of the trust or
19 foundation, but in no event shall any annual contribution
20 by the trustees to the Citizens Utility Board exceed
21 $1,000,000. Following such 7-year period, an Illinois
22 statutory consumer protection agency may petition the
23 trust or foundation for contributions to fund
24 expenditures of the type identified in paragraph (1), but
25 in no event shall annual contributions by the trust or
26 foundation for such expenditures exceed $1,000,000.
27 (3) The Citizens Utility Board shall file a report
28 with the chairman of such trust or foundation for each
29 year in which it expends any funds received from the
30 trust or foundation setting forth the amount of any
31 expenditures (regardless of the source of funds for such
32 expenditures) for: (i) the representation of the
33 interests of utility consumers before the Illinois
34 Commerce Commission, the Federal Energy Regulatory
35 Commission, and the Federal Communications Commission,
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1 and (ii) the provision of consumer education on utility
2 service and prices and on benefits and methods of energy
3 conservation. Such report shall separately state the
4 total amount of expenditures for the purposes or
5 activities identified by items (i) and (ii) of this
6 paragraph, the name and address of the external recipient
7 of any such expenditure, if applicable, and the specific
8 purposes or activities (including internal purposes or
9 activities) for which each expenditure was made. Any
10 report required by this subsection shall be filed with
11 the chairman of such trust or foundation no later than
12 March 31 of the year immediately following the year for
13 which the report is required.
14 (220 ILCS 5/16-111.2 new)
15 Sec. 16-111.2. Provisions related to proposed utility
16 transactions.
17 (a) The General Assembly finds:
18 (1) A transaction as described in paragraph (3) of
19 this subsection (a) will contribute to improved
20 reliability of the electric supply system in Illinois
21 which is one of the key purposes of the Illinois Electric
22 Service Customer Choice and Rate Relief Law of 1997.
23 (2) A transaction as described in paragraph (3) of
24 this subsection (a) is likely to promote additional
25 investment in the existing generating assets and in the
26 development of additional generation capacity in
27 Illinois, and such change in ownership is in the public
28 interest, consistent with the intent of the Illinois
29 Electric Service Customer Choice and Rate Relief Law of
30 1997 and beneficial for the citizens of this State.
31 (3) As of the date on which this amendatory Act of
32 1999 becomes law, an electric utility providing service
33 to more than 1,000,000 customers in this State has
34 proposed to sell or transfer to a single buyer 5 or more
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1 generating plants with a total net dependable capacity of
2 5000 megawatts or more pursuant to subsection (g) of
3 Section 16-111.
4 (4) Such electric utility anticipates receiving a
5 sale price or consideration as a result of such
6 transaction exceeding 200% of the book value of these
7 plants.
8 (5) Such electric utility has presented to the
9 Governor and the leaders of the General Assembly a
10 written commitment in which such electric utility agrees
11 to expend $2,000,000,000 outside the corporate limits of
12 any municipality with 1,000,000 or more inhabitants
13 within such electric utility's service area, over a
14 6-year period beginning with this calendar year on
15 projects, programs and improvements within its service
16 area relating to transmission and distribution including,
17 without limitation, infrastructure expansion, repair and
18 replacement, capital investments, operations and
19 maintenance, and vegetation management.
20 (6) Such electric utility has committed that, if
21 the sale or transfer contemplated by paragraph (3) of
22 this subsection is consummated on or before December 31,
23 1999, the electric utility shall make contributions
24 totaling $250,000,000 to entities within this State for,
25 among other purposes, environmental and clean coal
26 initiatives pursuant to Section 16-111.1, which
27 commitment includes a contribution of $25,000,000 to the
28 Board of Trustees of Southern Illinois University for the
29 purpose of funding programs or projects related to clean
30 coal.
31 (b) That, in light of the findings in paragraphs (1) and
32 (2) of subsection (a) and, in this instance, the
33 circumstances described in paragraphs (3) through (6) of
34 subsection (a) and otherwise, the General Assembly hereby
35 finds that allowing the generating facilities being acquired
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1 to be eligible facilities under the provisions of the
2 National Energy Policy Act of 1992 that apply to exempt
3 wholesale generators (A) will benefit consumers; (B) is in
4 the public interest; and (C) does not violate the law of this
5 State.
6 (c) Nothing in this Section shall have any effect on the
7 authority of the Commission under subsection (g) of Section
8 16-111 this Act.
9 (220 ILCS 5/16-114.1 new)
10 Sec. 16-114.1. Recovery of decommissioning costs in
11 connection with nuclear power plant sale agreement.
12 (a) An electric utility owning a single-unit nuclear
13 power plant located in this State which enters into an
14 agreement to sell the nuclear power plant and as part of such
15 agreement agrees: (i) to make contributions to a
16 tax-qualified decommissioning trust or non-tax qualified
17 decommissioning trust, or both, as defined in Section 8-508.1
18 for the nuclear power plant, in specified amounts or for a
19 specified period of time, after the sale is consummated, or
20 (ii) to purchase an insurance instrument which provides for
21 the payment of all or a specified amount of the
22 decommissioning costs of the nuclear power plant, shall be
23 entitled, in the case of item (i), to maintain such
24 decommissioning trusts for the purpose of receiving such
25 contributions after the consummation of the sale, to
26 implement revisions to its decommissioning rate in accordance
27 with subsection (b) of this Section, and to transfer such
28 decommissioning trusts, or the balance in the trusts, to the
29 buyer of the nuclear power plant in accordance with the
30 agreement of sale, and in the case of item (ii), to implement
31 revisions to its decommissioning rate in accordance with
32 subsection (c) of this Section.
33 (b) An electric utility entering into an agreement of
34 sale described in subsection (a)(i) of this Section shall be
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1 entitled to file a petition with the Commission for entry of
2 an order authorizing the electric utility (i) to amortize its
3 liability for decommissioning costs pursuant to the agreement
4 of sale over the period of time in which the electric utility
5 is required by such agreement to make additional
6 contributions to the tax-qualified decommissioning trust, the
7 non-tax qualified decommissioning trust, or both, and (ii) to
8 revise its decommissioning rate to a level that will recover,
9 over the time period specified in the agreement of sale, an
10 annual amount equal to the electric utility's annual
11 contributions to the decommissioning trusts which are
12 required by the agreement of sale multiplied by the
13 percentage of the output of the nuclear power plant which the
14 agreement of sale obligates the electric utility to purchase
15 in each such year.
16 (c) An electric utility entering into an agreement of
17 sale described in subsection (a)(ii) shall be entitled to
18 file a petition with the Commission for entry of an order
19 authorizing the electric utility to revise its
20 decommissioning rate to a level that will recover, over 5
21 years, the electric utility's cost of purchasing the
22 insurance instrument multiplied by the percentage of the
23 output of the nuclear power plant which the agreement of sale
24 obligates the electric utility to purchase in each such year.
25 (d) An electric utility's petition pursuant to
26 subsection (b) or subsection (c) shall state the percentage
27 of the output of the nuclear power plant which the agreement
28 of sale obligates the electric utility to purchase from the
29 new owner of the nuclear power plant in each of the years for
30 which the electric utility is seeking to implement a revised
31 decommissioning rate. The electric utility's petition shall
32 also state that the electric utility agrees, as conditions of
33 the Commission's order and the implementation of the revised
34 decommissioning rate, (i) to file revisions, pursuant to
35 Section 16-111(f), to its base rate tariffs applicable to
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1 retail customers subject to the electric utility's
2 decommissioning rate reducing such tariffs, and (ii) to file
3 revisions to its transition charge tariffs applicable to
4 retail customers subject to the electric utility's
5 decommissioning rate incorporating a credit into the
6 calculation of the electric utility's transition charges in
7 accordance with this subsection. The reduction and the
8 credit shall be in an amount per kilowatt-hour of electricity
9 sold or delivered to retail customers equal to (i) the
10 electric utility's decommissioning rate authorized by the
11 Commission's order in accordance with subsection (b)(ii) or
12 (c), as applicable, less (ii) the product of the electric
13 utility's decommissioning rate in effect immediately prior to
14 the agreement of sale multiplied by the percentage of the
15 output of the nuclear power plant which the agreement of sale
16 obligates the electric utility to purchase from the new owner
17 of the nuclear power plant. The Commission shall issue an
18 order granting the petition within 30 days after the petition
19 is filed. The Commission's order shall state the aggregate
20 total amount which the order is authorizing the electric
21 utility to collect through its decommissioning rate. The
22 Commission's order shall state that the effectiveness of the
23 revisions to the electric utility's decommissioning rate
24 shall be conditioned on the filing by the electric utility of
25 the revisions reducing its base rate tariffs and providing
26 for credits to its transition charge tariffs as specified in
27 this subsection. Upon completion of the collection of the
28 total amount which the Commission's order authorizes the
29 electric utility to collect through its decommissioning rate,
30 the electric utility shall not be entitled to collect any
31 further amounts of decommissioning costs for its nuclear
32 power plant through a decommissioning rate. Nothing in this
33 Section shall be construed to permit an increase in the
34 overall tariffed rates and charges paid by the electric
35 utility's customers.
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1 (e) In addition to the uses of the proceeds of the sale
2 and issuance of transitional funding instruments authorized
3 by Section 18-103(d)(1), an electric utility which has
4 entered into an agreement to sell a nuclear power plant may
5 use the proceeds from the sale and issuance of transitional
6 funding instruments to make contributions, or to reimburse
7 itself for contributions which the electric utility has made,
8 to decommissioning trusts in accordance with the agreement of
9 sale, in an amount not to exceed 20% of the aggregate
10 principal amount of transitional funding instruments which
11 the electric utility was authorized to cause to have issued
12 pursuant to Section 18-103(d)(6), including for purposes of
13 this calculation the amount of any transitional funding
14 instruments which the electric utility caused to be issued
15 prior to the date of this amendatory Act of 1999. The use of
16 proceeds authorized by this subsection shall not be subject
17 to Section 18-103(d)(1)(B) and shall not be considered in
18 determining if the percentage limitations on the use of
19 proceeds set forth in the proviso following Section
20 18-103(d)(1)(E) have been complied with.
21 (f) None of the authorizations permitted by this Section
22 may be exercised if the sale of the nuclear power plant is
23 disapproved by the Commission.
24 (220 ILCS 5/16-115)
25 Sec. 16-115. Certification of alternative retail electric
26 suppliers.
27 (a) Any alternative retail electric supplier must obtain
28 a certificate of service authority from the Commission in
29 accordance with this Section before serving any retail
30 customer or other user located in this State. An alternative
31 retail electric supplier may request, and the Commission may
32 grant, a certificate of service authority for the entire
33 State or for a specified geographic area of the State.
34 (b) An alternative retail electric supplier seeking a
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1 certificate of service authority shall file with the
2 Commission a verified application containing information
3 showing that the applicant meets the requirements of this
4 Section. The alternative retail electric supplier shall
5 publish notice of its application in the official State
6 newspaper within 10 days following the date of its filing.
7 No later than 45 days after the application is properly filed
8 with the Commission, and such notice is published, the
9 Commission shall issue its order granting or denying the
10 application.
11 (c) An application for a certificate of service
12 authority shall identify the area or areas in which the
13 applicant intends to offer service and the types of services
14 it intends to offer. Applicants that seek to serve
15 residential or small commercial retail customers within a
16 geographic area that is smaller than an electric utility's
17 service area shall submit evidence demonstrating that the
18 designation of this smaller area does not violate Section
19 16-115A. An applicant that seeks to serve residential or
20 small commercial retail customers may state in its
21 application for certification any limitations that will be
22 imposed on the number of customers or maximum load to be
23 served.
24 (d) The Commission shall grant the application for a
25 certificate of service authority if it makes the findings set
26 forth in this subsection based on the verified application
27 and such other information as the applicant may submit:
28 (1) That the applicant possesses sufficient
29 technical, financial and managerial resources and
30 abilities to provide the service for which it seeks a
31 certificate of service authority. In determining the
32 level of technical, financial and managerial resources
33 and abilities which the applicant must demonstrate, the
34 Commission shall consider (i) the characteristics,
35 including the size and financial sophistication, of the
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1 customers that the applicant seeks to serve, and (ii)
2 whether the applicant seeks to provide electric power and
3 energy using property, plant and equipment which it owns,
4 controls or operates;
5 (2) That the applicant will comply with all
6 applicable federal, State, regional and industry rules,
7 policies, practices and procedures for the use,
8 operation, and maintenance of the safety, integrity and
9 reliability, of the interconnected electric transmission
10 system;
11 (3) That the applicant will only provide service to
12 retail customers in an electric utility's service area
13 that are eligible to take delivery services under this
14 Act;
15 (4) That the applicant will comply with such
16 informational or reporting requirements as the Commission
17 may by rule establish and provide the information
18 required by Section 16-112. Any data related to
19 contracts for the purchase and sale of electric power and
20 energy shall be made available for review by the Staff of
21 the Commission on a confidential and proprietary basis
22 and only to the extent and for the purposes which the
23 Commission determines are reasonably necessary in order
24 to carry out the purposes of this Act;
25 (5) That if the applicant, its corporate affiliates
26 or the applicant's principal source of electricity (to
27 the extent such source is known at the time of the
28 application) owns or controls facilities, for public use,
29 for the transmission or distribution of electricity to
30 end-users within a defined geographic area to which
31 electric power and energy can be physically and
32 economically delivered by the electric utility or
33 utilities in whose service area or areas the proposed
34 service will be offered, the applicant, its corporate
35 affiliates or principal source of electricity, as the
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1 case may be, provides delivery services to the electric
2 utility or utilities in whose service area or areas the
3 proposed service will be offered that are reasonably
4 comparable to those offered by the electric utility, and
5 provided further, that the applicant agrees to certify
6 annually to the Commission that it is continuing to
7 provide such delivery services and that it has not
8 knowingly assisted any person or entity to avoid the
9 requirements of this Section. For purposes of this
10 subparagraph, "principal source of electricity" shall
11 mean a single source that supplies at least 65% of the
12 applicant's electric power and energy, and the purchase
13 of transmission and distribution services pursuant to a
14 filed tariff under the jurisdiction of the Federal Energy
15 Regulatory Commission or a state public utility
16 commission shall not constitute control of access to the
17 provider's transmission and distribution facilities;
18 (6) With respect to an applicant that seeks to
19 serve residential or small commercial retail customers,
20 that the area to be served by the applicant and any
21 limitations it proposes on the number of customers or
22 maximum amount of load to be served meet the provisions
23 of Section 16-115A, provided, that the Commission can
24 extend the time for considering such a certificate
25 request by up to 90 days, and can schedule hearings on
26 such a request;
27 (7) That the applicant meets the requirements of
28 subsection (a) of Section 16-128; and
29 (8) That the applicant will comply with all other
30 applicable laws and regulations.
31 (e) A retail customer that owns a cogeneration or
32 self-generation facility and that seeks certification only to
33 provide electric power and energy from such facility to
34 retail customers at separate locations which customers are
35 both (i) owned by, or a subsidiary or other corporate
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1 affiliate of, such applicant and (ii) eligible for delivery
2 services, shall be granted a certificate of service authority
3 upon filing an application and notifying the Commission that
4 it has entered into an agreement with the relevant electric
5 utilities pursuant to Section 16-118. Provided, however, that
6 if the retail customer owning such cogeneration or
7 self-generation facility would not be charged a transition
8 charge due to the exemption provided under subsection (f) of
9 Section 16-108 prior to the certification, and the retail
10 customers at separate locations are taking delivery services
11 in conjunction with purchasing power and energy from the
12 facility, the retail customer on whose premises the facility
13 is located shall not thereafter be required to pay transition
14 charges on the power and energy that such retail customer
15 takes from the facility.
16 (f) The Commission shall have the authority to
17 promulgate rules and regulations to carry out the provisions
18 of this Section. On or before May 1, 1999, the Commission
19 shall adopt a rule or rules applicable to the certification
20 of those alternative retail electric suppliers that seek to
21 serve only nonresidential retail customers with maximum
22 electrical demands of one megawatt or more which shall
23 provide for (i) expedited and streamlined procedures for
24 certification of such alternative retail electric suppliers
25 and (ii) specific criteria which, if met by any such
26 alternative retail electric supplier, shall constitute the
27 demonstration of technical, financial and managerial
28 resources and abilities to provide service required by
29 subsection (d) (1) of this Section, such as a requirement to
30 post a bond or letter of credit, from a responsible surety or
31 financial institution, of sufficient size for the nature and
32 scope of the services to be provided; demonstration of
33 adequate insurance for the scope and nature of the services
34 to be provided; and experience in providing similar services
35 in other jurisdictions.
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1 (Source: P.A. 90-561, eff. 12-16-97.)
2 (220 ILCS 5/16-130)
3 Sec. 16-130. Annual Reports. The General Assembly finds
4 that it is necessary to have reliable and accurate
5 information regarding the transition to a competitive
6 electric industry. In addition to the annual report
7 requirements pursuant to Section 5-109 of this Act, each
8 electric utility shall file with the Commission a report on
9 the following topics in accordance with the schedule set
10 forth in subsection (b) of this Section:
11 (1) Data on each customer class of the electric
12 utility in which delivery services have been elected
13 including:
14 (A) number of retail customers in each class
15 that have elected delivery service;
16 (B) kilowatt hours consumed by the customers
17 described in subparagraph (A);
18 (C) revenue loss experienced by the utility as
19 a result of customers electing delivery services or
20 market-based prices as compared to continued service
21 under otherwise applicable tariffed rates;
22 (D) total amount of funds collected from each
23 customer class pursuant to the transition charges
24 authorized in Section 16-108;
25 (E) Such other information as the Commission
26 may by rule require.
27 (2) A description of any steps taken by the
28 electric utility to mitigate and reduce its costs,
29 including both a detailed description of steps taken
30 during the preceding calendar year and a summary of steps
31 taken since the effective date of this amendatory Act of
32 1997, and including, to the extent practicable,
33 quantification of the costs mitigated or reduced by
34 specific actions taken by the electric utility.
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1 (3) A description of actions taken under Sections
2 5-104, 7-204, 9-220, and 16-111 of this Act. This
3 information shall include but not be limited to:
4 (A) a description of the actions taken;
5 (B) the effective date of the action;
6 (C) the annual savings or additional charges
7 realized by customers from actions taken, by
8 customer class and total for each year;
9 (D) the accumulated impact on customers by
10 customer class and total; and
11 (E) a summary of the method used to quantify
12 the impact on customers.
13 (4) A summary of the electric utility's use of
14 transitional funding instruments, including a description
15 of the electric utility's use of the proceeds of any
16 transitional funding instruments it has issued in
17 accordance with Article XVIII of this Act.
18 (5) Kilowatt-hours consumed in the twelve months
19 ending December 31, 1996 (which kilowatt-hours are hereby
20 referred to as "base year sales") by customer class
21 multiplied by the revenue per kilowatt hour, adjusted to
22 remove charges added to customers' bills pursuant to
23 Sections 9-221 and 9-222 of this Act, during the twelve
24 months ending December 31, 1996, adjusted for the
25 reductions required by subsection (b) of Section 16-111
26 and the mitigation factors contained in Section 16-102.
27 This amount shall be stated for: (i) each calendar year
28 preceding the year in which a report is required to be
29 submitted pursuant to subsection (b); and (ii) as a
30 cumulative total of all calendar years beginning with
31 1998 and ending with the calendar year preceding the year
32 in which a report is required to be submitted pursuant to
33 subsection (b).
34 (6) Calculations identical to those required by
35 subparagraph (5) except that base year sales shall be
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1 adjusted for growth in the electric utility's service
2 territory, in addition to the other adjustments specified
3 by the first sentence of subparagraph (5).
4 (7) The electric utility's total revenue and net
5 income for each calendar year beginning with 1997 through
6 the calendar year preceding the year in which a report is
7 required to be submitted pursuant to subsection (b) as
8 reported in the electric utility's Form 1 report to the
9 Federal Energy Regulatory Commission.
10 (8) Any consideration in excess of the net book
11 cost as of the effective date of this amendatory Act of
12 1997 received by the electric utility during the year
13 from a sale made subsequent to the effective date of this
14 amendatory Act of 1997 to a non-affiliated third party of
15 any generating plant that was owned by the electric
16 utility on the effective date of this amendatory Act of
17 1997.
18 (9) Any consideration received by the electric
19 utility from sales or transfers during the year to an
20 affiliated interest of generating plant, or other plant
21 that represents an investment of $25,000,000 or more in
22 terms of total depreciated original cost, which
23 generating or other plant were owned by the electric
24 utility prior to the effective date of this amendatory
25 Act of 1997.
26 (10) Any consideration received by an affiliated
27 interest of an electric utility from sales or transfers
28 during the year to a non-affiliated third party of
29 generating plant, but only if: (i) the electric utility
30 had previously sold or transferred such plant to the
31 affiliated interest subsequent to the effective date of
32 this amendatory Act of 1997; (ii) the affiliated interest
33 sells or transfers such plant to a non-affiliated third
34 party prior to December 31, 2006; and (iii) the
35 affiliated interest receives consideration for the sale
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1 or transfer of such plant to the non-affiliated third
2 party in an amount greater than the cost or price at
3 which such plant was sold or transferred to the
4 affiliated interest by the electric utility.
5 (11) A summary account of those expenditures made
6 for projects, programs, and improvements relating to
7 transmission and distribution including, without
8 limitation, infrastructure expansion, repair and
9 replacement, capital investments, operations and
10 maintenance, and vegetation management, pursuant to a
11 written commitment made under subsection (k) of Section
12 16-111.
13 (b) The information required by subsection (a) shall be
14 filed by each electric utility on or before March 1 of each
15 year 1999 through 2007 or through such additional years as
16 the electric utility is collecting transition charges
17 pursuant to subsection (f) of Section 16-108, for the
18 previous calendar year. The information required by
19 subparagraph (6) of subsection (a) for calendar year 1997
20 shall be submitted by the electric utility on or before March
21 1, 1999.
22 (c) On or before May 15 of each year 1999 through 2006
23 or through such additional years as the electric utility is
24 collecting transition charges pursuant to subsection (f) of
25 Section 16-108, the Commission shall submit a report to the
26 General Assembly which summarizes the information provided by
27 each electric utility under this Section; provided, however,
28 that proprietary or confidential information shall not be
29 publicly disclosed.
30 (Source: P.A. 90-561, eff. 12-16-97.)
31 Section 10. The Citizens Utility Board Act is amended by
32 changing Section 5 and adding Section 5.1 as follows:
33 (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
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1 Sec. 5. Powers and duties. (1) The corporation shall:
2 (a) Represent and protect the interests of the
3 residential utility consumers of this State. All actions by
4 the corporation under this Act shall be directed toward such
5 duty; provided that the corporation may also give due
6 consideration to the interests of business in the State.
7 (b) Inform, in so far as possible, all utility consumers
8 about the corporation, including the procedure for obtaining
9 membership in the corporation.
10 (2) The corporation shall have all the powers necessary
11 or convenient for the effective representation and protection
12 of the interest of utility consumers and to implement this
13 Act, including the following powers in addition to all other
14 powers granted by this Act.
15 (a) To make, amend and repeal bylaws and rules for the
16 regulation of its affairs and the conduct of its business; to
17 adopt an official seal and alter it at pleasure; to maintain
18 an office; to sue and be sued in its own name, plead and be
19 impleaded; and to make and execute contracts and other
20 instruments necessary or convenient to the exercise of the
21 powers of the corporation.
22 (b) To employ such agents, employees and special
23 advisors as it finds necessary and to fix their compensation.
24 (c) To solicit and accept gifts, loans, including loans
25 made by the Illinois Commerce Commission from funds
26 appropriated for that purpose by law, or other aid in order
27 to support activities concerning the interests of utility
28 consumers., Except as provided in Section 5.1, that the
29 corporation may not accept gifts, loans or other aid from any
30 public utility or from any director, employee or agent or
31 member of the immediate family of a director, employee or
32 agent of any public utility and, except that after the first
33 election the corporation, may not accept from any individual,
34 private corporation, association or partnership in any single
35 year a total of more than $1,000 in gifts. Under this
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1 paragraph, "aid" does not mean payment of membership dues.
2 (d) To intervene as a party or otherwise participate on
3 behalf of utility consumers in any proceeding which affects
4 the interest of utility consumers.
5 (e) To represent the interests of utility consumers
6 before the Illinois Commerce Commission, the Federal Energy
7 Regulatory Commission, the Federal Communications Commission,
8 the courts, and other public bodies, except that no director,
9 employee or agent of the corporation may engage in lobbying
10 without first complying with any applicable statute,
11 administrative rule or other regulation relating to lobbying.
12 (f) To establish annual dues which shall be set at a
13 level that provides sufficient funding for the corporation to
14 effectively perform its powers and duties, and is affordable
15 for as many utility consumers as is possible.
16 (g) To implement solicitation for corporation funding
17 and membership.
18 (h) To seek tax exempt status under State and federal
19 law, including 501(c)(3) status under the United States
20 Internal Revenue Code.
21 (i) To provide information and advice to utility
22 consumers on any matter with respect to utility service,
23 including but not limited to information and advice on
24 benefits and methods of energy conservation.
25 (3) The powers, duties, rights and privileges conferred
26 or imposed upon the corporation by this Act may not be
27 transferred.
28 (4) The corporation shall refrain from interfering with
29 collective bargaining rights of any employees of a public
30 utility.
31 (Source: P.A. 83-945.)
32 (220 ILCS 10/5.1 new)
33 Sec. 5.1. Contributions. Notwithstanding anything to
34 the contrary in Section 5 of this Act, the corporation shall
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1 have the authority to solicit and accept contributions made
2 pursuant to Section 16-111.1 of the Public Utilities Act.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".
5 Submitted on May 26, 1999
6 s/Sen. William Mahar s/Rep. Philip Novak
7 Sen. John Maitland s/Rep. Kurt Granberg
8 s/Sen. Steven Rauschenberger s/Rep. Douglas P. Scott
9 s/Sen. Evelyn M. Bowles Rep. Art Tenhouse
10 s/Sen. William Shaw s/Rep. Vincent A. Persico
11 Committee for the Senate Committee for the House