Bill Amendment: IL HB3028 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EXPAND ENERGY SAVING PROGRAMS
Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3028 Detail]
Download: Illinois-2019-HB3028-House_Amendment_001.html
Bill Title: EXPAND ENERGY SAVING PROGRAMS
Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3028 Detail]
Download: Illinois-2019-HB3028-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3028
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2 | AMENDMENT NO. ______. Amend House Bill 3028 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 19-115, | ||||||
6 | 19-135, and 20-110 and by adding Section 20-140 as follows:
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7 | (220 ILCS 5/16-115)
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8 | Sec. 16-115. Certification of alternative retail
electric | ||||||
9 | suppliers. | ||||||
10 | (a) Any alternative retail electric supplier must obtain
a | ||||||
11 | certificate of service authority from the Commission in
| ||||||
12 | accordance with this Section before serving any retail
customer | ||||||
13 | or other user located in this State. An alternative
retail | ||||||
14 | electric supplier may request, and the Commission may
grant, a | ||||||
15 | certificate of service authority for the entire State
or for a | ||||||
16 | specified geographic area of the State.
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1 | (b) An alternative retail electric supplier seeking a
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2 | certificate of service authority shall file with the
Commission | ||||||
3 | a verified application containing information
showing that the | ||||||
4 | applicant meets the requirements of this
Section. The | ||||||
5 | alternative retail electric supplier shall
publish notice of | ||||||
6 | its application in the official State
newspaper within 10 days | ||||||
7 | following the date of its filing. No
later than 45 days after | ||||||
8 | the application is properly filed
with the Commission, and such | ||||||
9 | notice is published, the
Commission shall issue its order | ||||||
10 | granting or denying the
application. The Commission may extend | ||||||
11 | the time for considering a certificate of service authority | ||||||
12 | request by up to 90 days and may schedule hearings on the | ||||||
13 | request if: | ||||||
14 | (1) a party to the application proceeding has formally | ||||||
15 | requested that the Commission hold hearings in a pleading | ||||||
16 | that alleges that one or more of the allegations or | ||||||
17 | certifications in the application is false or misleading; | ||||||
18 | or | ||||||
19 | (2)
any other facts or circumstances exist that will | ||||||
20 | necessitate additional time or evidence in order to | ||||||
21 | determine whether a certificate of service authority | ||||||
22 | should be issued.
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23 | (c) An application for a certificate of service
authority | ||||||
24 | shall identify the area or areas in which the
applicant intends | ||||||
25 | to offer service and the types of services
it intends to offer. | ||||||
26 | Applicants that seek to serve
residential or small commercial |
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1 | retail customers within a
geographic area that is smaller than | ||||||
2 | an electric utility's
service area shall submit evidence | ||||||
3 | demonstrating that the
designation of this smaller area does | ||||||
4 | not violate Section 16-115A. An applicant
that seeks to serve | ||||||
5 | residential or small
commercial retail customers may state in | ||||||
6 | its application for
certification any limitations that will be | ||||||
7 | imposed on the
number of customers or maximum load to be | ||||||
8 | served.
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9 | (d) The Commission shall grant the application for a
| ||||||
10 | certificate of service authority if it makes the findings set
| ||||||
11 | forth in this subsection
based on the verified
application and | ||||||
12 | such other information as the applicant may
submit:
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13 | (1) That the applicant possesses sufficient
technical, | ||||||
14 | financial and managerial resources and
abilities to | ||||||
15 | provide the service for which it seeks a
certificate of | ||||||
16 | service authority. In determining the
level of technical, | ||||||
17 | financial and managerial resources
and abilities which the | ||||||
18 | applicant must demonstrate, the
Commission shall consider | ||||||
19 | (i) the characteristics,
including the size and financial | ||||||
20 | sophistication, of the
customers that the applicant seeks | ||||||
21 | to serve, and (ii)
whether the applicant seeks to provide | ||||||
22 | electric power and
energy using property, plant and | ||||||
23 | equipment which it owns,
controls or operates , and (iii) | ||||||
24 | the applicant's commitment of resources to the management | ||||||
25 | of sales and marketing staff, through affirmative | ||||||
26 | managerial policies, independent audits, technology, |
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1 | hands-on field monitoring and training, and, in the case of | ||||||
2 | applicants who will have sales personnel or sales agents | ||||||
3 | within the State of Illinois, the applicant's managerial | ||||||
4 | presence within the State ;
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5 | (2) That the applicant will comply with all
applicable | ||||||
6 | federal, State, regional and industry rules,
policies, | ||||||
7 | practices and procedures for the use,
operation, and | ||||||
8 | maintenance of the safety, integrity and
reliability, of | ||||||
9 | the interconnected electric transmission
system;
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10 | (3) That the applicant will only provide service to
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11 | retail customers in an electric utility's service area
that | ||||||
12 | are eligible to take delivery services under this
Act;
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13 | (4) That the applicant will comply with such
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14 | informational or reporting requirements as the Commission
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15 | may by rule establish and provide the information required | ||||||
16 | by Section 16-112.
Any data related to
contracts for the | ||||||
17 | purchase and sale of electric power and
energy shall be | ||||||
18 | made available for review by the Staff of
the Commission on | ||||||
19 | a confidential and proprietary basis
and only to the extent | ||||||
20 | and for the purposes which the
Commission determines are | ||||||
21 | reasonably necessary in order
to carry out the purposes of | ||||||
22 | this Act;
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23 | (5) That the applicant will procure renewable energy | ||||||
24 | resources in accordance with Section 16-115D of this Act, | ||||||
25 | and will source electricity from clean coal facilities, as | ||||||
26 | defined in Section 1-10 of the Illinois Power Agency Act, |
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1 | in amounts at least equal to the percentages set forth in | ||||||
2 | subsections (c) and (d) of Section 1-75 of the Illinois | ||||||
3 | Power Agency Act. For purposes of this Section:
| ||||||
4 | (i) (Blank); | ||||||
5 | (ii) (Blank); | ||||||
6 | (iii) the required sourcing of electricity | ||||||
7 | generated by clean coal facilities, other than the | ||||||
8 | initial clean coal facility, shall be limited to the | ||||||
9 | amount of electricity that can be procured or sourced | ||||||
10 | at a price at or below the benchmarks approved by the | ||||||
11 | Commission each year in accordance with item (1) of | ||||||
12 | subsection (c) and items (1) and (5) of subsection (d) | ||||||
13 | of Section 1-75 of the Illinois Power Agency Act; | ||||||
14 | (iv) all alternative retail electric suppliers | ||||||
15 | shall execute a sourcing agreement to source | ||||||
16 | electricity from the initial clean coal facility, on | ||||||
17 | the terms set forth in paragraphs (3) and (4) of | ||||||
18 | subsection (d) of Section 1-75 of the Illinois Power | ||||||
19 | Agency Act, except that in lieu of the requirements in | ||||||
20 | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | ||||||
21 | paragraph (3) of that subsection (d), the applicant | ||||||
22 | shall execute one or more of the following: | ||||||
23 | (1) if the sourcing agreement is a power | ||||||
24 | purchase agreement, a contract with the initial | ||||||
25 | clean coal facility to purchase in each hour an | ||||||
26 | amount of electricity equal to all clean coal |
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1 | energy made available from the initial clean coal | ||||||
2 | facility during such hour, which the utilities are | ||||||
3 | not required to procure under the terms of | ||||||
4 | subsection (d) of Section 1-75 of the Illinois | ||||||
5 | Power Agency Act, multiplied by a fraction, the | ||||||
6 | numerator of which is the alternative retail | ||||||
7 | electric supplier's retail market sales of | ||||||
8 | electricity (expressed in kilowatthours sold) in | ||||||
9 | the State during the prior calendar month and the | ||||||
10 | denominator of which is the total sales of | ||||||
11 | electricity (expressed in kilowatthours sold) in | ||||||
12 | the State by alternative retail electric suppliers | ||||||
13 | during such prior month that are subject to the | ||||||
14 | requirements of this paragraph (5) of subsection | ||||||
15 | (d) of this Section and subsection (d) of Section | ||||||
16 | 1-75 of the Illinois Power Agency Act plus the | ||||||
17 | total sales of electricity (expressed in | ||||||
18 | kilowatthours sold) by utilities outside of their | ||||||
19 | service areas during such prior month, pursuant to | ||||||
20 | subsection (c) of Section 16-116 of this Act; or | ||||||
21 | (2) if the sourcing agreement is a contract for | ||||||
22 | differences, a contract with the initial clean | ||||||
23 | coal facility in each hour with respect to an | ||||||
24 | amount of electricity equal to all clean coal | ||||||
25 | energy made available from the initial clean coal | ||||||
26 | facility during such hour, which the utilities are |
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1 | not required to procure under the terms of | ||||||
2 | subsection (d) of Section 1-75 of the Illinois | ||||||
3 | Power Agency Act, multiplied by a fraction, the | ||||||
4 | numerator of which is the alternative retail | ||||||
5 | electric supplier's retail market sales of | ||||||
6 | electricity (expressed in kilowatthours sold) in | ||||||
7 | the State during the prior calendar month and the | ||||||
8 | denominator of which is the total sales of | ||||||
9 | electricity (expressed in kilowatthours sold) in | ||||||
10 | the State by alternative retail electric suppliers | ||||||
11 | during such prior month that are subject to the | ||||||
12 | requirements of this paragraph (5) of subsection | ||||||
13 | (d) of this Section and subsection (d) of Section | ||||||
14 | 1-75 of the Illinois Power Agency Act plus the | ||||||
15 | total sales of electricity (expressed in | ||||||
16 | kilowatthours sold) by utilities outside of their | ||||||
17 | service areas during such prior month, pursuant to | ||||||
18 | subsection (c) of Section 16-116 of this Act; | ||||||
19 | (v) if, in any year after the first year of | ||||||
20 | commercial operation, the owner of the clean coal | ||||||
21 | facility fails to demonstrate to the Commission that | ||||||
22 | the initial clean coal facility captured and | ||||||
23 | sequestered at least 50% of the total carbon emissions | ||||||
24 | that the facility would otherwise emit or that | ||||||
25 | sequestration of emissions from prior years has | ||||||
26 | failed, resulting in the release of carbon into the |
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1 | atmosphere, the owner of the facility must offset | ||||||
2 | excess emissions. Any such carbon offsets must be | ||||||
3 | permanent, additional, verifiable, real, located | ||||||
4 | within the State of Illinois, and legally and | ||||||
5 | practicably enforceable. The costs of any such offsets | ||||||
6 | that are not recoverable shall not exceed $15 million | ||||||
7 | in any given year. No costs of any such purchases of | ||||||
8 | carbon offsets may be recovered from an alternative | ||||||
9 | retail electric supplier or its customers. All carbon | ||||||
10 | offsets purchased for this purpose and any carbon | ||||||
11 | emission credits associated with sequestration of | ||||||
12 | carbon from the facility must be permanently retired. | ||||||
13 | The initial clean coal facility shall not forfeit its | ||||||
14 | designation as a clean coal facility if the facility | ||||||
15 | fails to fully comply with the applicable carbon | ||||||
16 | sequestration requirements in any given year, provided | ||||||
17 | the requisite offsets are purchased. However, the | ||||||
18 | Attorney General, on behalf of the People of the State | ||||||
19 | of Illinois, may specifically enforce the facility's | ||||||
20 | sequestration requirement and the other terms of this | ||||||
21 | contract provision. Compliance with the sequestration | ||||||
22 | requirements and offset purchase requirements that | ||||||
23 | apply to the initial clean coal facility shall be | ||||||
24 | reviewed annually by an independent expert retained by | ||||||
25 | the owner of the initial clean coal facility, with the | ||||||
26 | advance written approval of the Attorney General; |
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1 | (vi) The Commission shall, after notice and | ||||||
2 | hearing, revoke the certification of any alternative | ||||||
3 | retail electric supplier that fails to execute a | ||||||
4 | sourcing agreement with the initial clean coal | ||||||
5 | facility as required by item (5) of subsection (d) of | ||||||
6 | this Section. The sourcing agreements with this | ||||||
7 | initial clean coal facility shall be subject to both | ||||||
8 | approval of the initial clean coal facility by the | ||||||
9 | General Assembly and satisfaction of the requirements | ||||||
10 | of item (4) of subsection (d) of Section 1-75 of the | ||||||
11 | Illinois Power Agency Act, and shall be executed within | ||||||
12 | 90 days after any such approval by the General | ||||||
13 | Assembly. The Commission shall not accept an | ||||||
14 | application for certification from an alternative | ||||||
15 | retail electric supplier that has lost certification | ||||||
16 | under this subsection (d), or any corporate affiliate | ||||||
17 | thereof, for at least one year from the date of | ||||||
18 | revocation; | ||||||
19 | (6) With respect to an applicant that seeks to serve
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20 | residential or small commercial retail customers, that
the | ||||||
21 | area to be served by the applicant and any
limitations it | ||||||
22 | proposes on the number of customers or
maximum amount of | ||||||
23 | load to be served meet the provisions
of Section 16-115A, | ||||||
24 | provided, that the Commission can
extend the time for | ||||||
25 | considering such a certificate
request by up to 90 days, | ||||||
26 | and can schedule hearings on
such a request;
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1 | (7) That the applicant meets the requirements of | ||||||
2 | subsection (a) of Section
16-128; and | ||||||
3 | (8) That the applicant is not the subject of any | ||||||
4 | lawsuit filed in a court of law or formal complaints filed | ||||||
5 | with a regulatory agency alleging fraud, deception, or | ||||||
6 | unfair marketing practices or other similar allegations | ||||||
7 | identifying the name, case number, and jurisdiction of each | ||||||
8 | such lawsuit or complaint. For the purposes of this item | ||||||
9 | (8), "formal complaints" include only those complaints | ||||||
10 | that seek a binding determination from a state or federal | ||||||
11 | regulatory body; | ||||||
12 | (9) That the applicant shall continue to comply with | ||||||
13 | requirements for certification stated in Section 16-115;
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14 | (10) That the applicant seeking to service all eligible | ||||||
15 | retail customers shall execute and maintain a license or | ||||||
16 | permit bond issued by a qualifying surety or insurance | ||||||
17 | company authorized to transact business in the State of | ||||||
18 | Illinois in favor of the People of the State of Illinois. | ||||||
19 | The amount of the bond is $600,000, and the bond is | ||||||
20 | conditioned upon the full and faithful performance of all | ||||||
21 | duties and obligations of the applicant as an alternative | ||||||
22 | retail electric supplier and is valid for a period of not | ||||||
23 | less than one year. The cost of the bond shall be paid by | ||||||
24 | the applicant. The applicant shall file a copy of this | ||||||
25 | bond, with a notarized verification page from the issuer, | ||||||
26 | as part of its application for certification under 83 Ill. |
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| |||||||
1 | Adm. Code 451.50 and as a condition for continuing | ||||||
2 | compliance with certification requirements for alternative | ||||||
3 | retail electric suppliers under 83 Ill. Adm. Code | ||||||
4 | 451.Subpart H; and | ||||||
5 | (11) (8) That the applicant will comply with all other
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6 | applicable laws and regulations.
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7 | The Commission may deny with prejudice an application in | ||||||
8 | which the applicant repeatedly fails to provide the Commission | ||||||
9 | with information sufficient for the Commission to grant the | ||||||
10 | application. | ||||||
11 | (d-5) (Blank). | ||||||
12 | (e) A retail customer that owns a cogeneration or | ||||||
13 | self-generation facility
and that seeks certification only to
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14 | provide electric power and energy from such facility to
retail | ||||||
15 | customers at separate locations which customers are
both (i) | ||||||
16 | owned by, or a subsidiary or other corporate
affiliate of, such | ||||||
17 | applicant and
(ii) eligible for delivery services, shall be | ||||||
18 | granted a
certificate of service authority upon filing an | ||||||
19 | application
and notifying the Commission that it has entered | ||||||
20 | into an
agreement with the relevant electric utilities pursuant | ||||||
21 | to
Section 16-118.
Provided, however, that if the retail | ||||||
22 | customer owning such cogeneration or
self-generation facility | ||||||
23 | would not be charged a transition charge due to the
exemption | ||||||
24 | provided under subsection (f) of Section 16-108 prior to the
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25 | certification, and the retail customers at separate locations | ||||||
26 | are taking
delivery services in conjunction with purchasing |
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1 | power and energy from the
facility, the retail customer on | ||||||
2 | whose premises the facility is located shall
not thereafter be | ||||||
3 | required to pay transition charges on the power and energy
that | ||||||
4 | such retail customer takes from the facility.
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5 | (f) The Commission shall have the authority to
promulgate | ||||||
6 | rules and regulations to carry out the provisions
of this | ||||||
7 | Section. On or before May 1, 1999, the Commission
shall adopt a | ||||||
8 | rule or rules applicable to the certification of
those | ||||||
9 | alternative retail electric suppliers that seek to serve
only | ||||||
10 | nonresidential retail customers with maximum electrical
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11 | demands of one megawatt or more which shall provide for (i)
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12 | expedited and streamlined procedures
for certification of such | ||||||
13 | alternative
retail electric suppliers and (ii) specific | ||||||
14 | criteria which,
if met by any such alternative retail electric | ||||||
15 | supplier, shall
constitute the demonstration of technical, | ||||||
16 | financial and
managerial resources and abilities to provide | ||||||
17 | service required
by subsection (d) (1) of this Section, such as | ||||||
18 | a requirement
to post a bond or letter of credit, from a | ||||||
19 | responsible surety
or financial institution, of sufficient | ||||||
20 | size for the nature
and scope of the services to be provided; | ||||||
21 | demonstration of
adequate insurance for the scope and nature of | ||||||
22 | the services to
be provided; and experience in providing | ||||||
23 | similar services in
other jurisdictions.
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24 | (g) An alternative retail electric supplier may seek | ||||||
25 | confidential treatment for the following information by filing | ||||||
26 | an affidavit with the Commission so long as the affidavit meets |
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1 | the requirements in this subsection (g): | ||||||
2 | (1) the total annual kilowatt-hours delivered and sold | ||||||
3 | by an alternative retail electric supplier to retail | ||||||
4 | customers within each utility service territory and the | ||||||
5 | total annual kilowatt-hours delivered and sold by an | ||||||
6 | alternative retail electric supplier to retail customers | ||||||
7 | in all utility service territories in the preceding | ||||||
8 | calendar year as required by 83 Ill. Adm. Code 451.770; | ||||||
9 | (2) the total peak demand supplied by an alternative | ||||||
10 | retail electric supplier during the previous year in each | ||||||
11 | utility service territory as required by 83 Ill. Adm. Code | ||||||
12 | 465.40; | ||||||
13 | (3) a good faith estimate of the amount an alternative | ||||||
14 | retail electric supplier expects to be obliged to pay the | ||||||
15 | utility under single billing tariffs during the next 12 | ||||||
16 | months and the amount of any bond or letter of credit used | ||||||
17 | to demonstrate an alternative retail electric supplier's | ||||||
18 | credit worthiness to provide single billing services | ||||||
19 | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | ||||||
20 | The affidavit must be filed contemporaneously with the | ||||||
21 | information for which confidential treatment is sought and must | ||||||
22 | clearly state that the affiant seeks confidential treatment | ||||||
23 | pursuant to this subsection (g) and the information for which | ||||||
24 | confidential treatment is sought must be clearly identified on | ||||||
25 | the confidential version of the document filed with the | ||||||
26 | Commission. The affidavit must be accompanied by a |
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1 | "confidential" and a "public" version of the document or | ||||||
2 | documents containing the information for which confidential | ||||||
3 | treatment is sought. | ||||||
4 | If the alternative retail electric supplier has met the | ||||||
5 | affidavit requirements of this subsection (g), then the | ||||||
6 | Commission shall afford confidential treatment to the | ||||||
7 | information identified in the affidavit for a period of 2 years | ||||||
8 | after the date the affidavit is received by the Commission. | ||||||
9 | Nothing in this subsection (g) prevents an alternative | ||||||
10 | retail electric supplier from filing a petition with the | ||||||
11 | Commission seeking confidential treatment for information | ||||||
12 | beyond that identified in this subsection (g) or for | ||||||
13 | information contained in other reports or documents filed with | ||||||
14 | the Commission. | ||||||
15 | Nothing in this subsection (g) prevents the Commission, on | ||||||
16 | its own motion, or any party from filing a formal petition with | ||||||
17 | the Commission seeking to reconsider the conferring of | ||||||
18 | confidential status on an item of information afforded | ||||||
19 | confidential treatment pursuant to this subsection (g). | ||||||
20 | The Commission, on its own motion, may at any time initiate | ||||||
21 | a docketed proceeding to investigate the continued | ||||||
22 | applicability of this subsection (g) to the information | ||||||
23 | contained in items (i), (ii), and (iii) of this subsection (g). | ||||||
24 | If, at the end of such investigation, the Commission determines | ||||||
25 | that a particular item of information should no longer be | ||||||
26 | eligible for the affidavit-based process outlined in this |
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| |||||||
1 | subsection (g), the Commission may enter an order to remove | ||||||
2 | that item from the list of items eligible for the process set | ||||||
3 | forth in this subsection (g). Notwithstanding any such order, | ||||||
4 | in the event the Commission makes such a determination, nothing | ||||||
5 | in this subsection (g) prevents an alternative retail electric | ||||||
6 | supplier desiring confidential treatment for such information | ||||||
7 | from filing a formal petition with the Commission seeking | ||||||
8 | confidential treatment for such information. | ||||||
9 | (Source: P.A. 99-332, eff. 8-10-15.)
| ||||||
10 | (220 ILCS 5/16-115A)
| ||||||
11 | Sec. 16-115A.
Obligations of alternative retail electric
| ||||||
12 | suppliers.
| ||||||
13 | (a) An alternative retail electric supplier shall:
| ||||||
14 | (i) comply with the requirements imposed on public
| ||||||
15 | utilities by Sections 8-201 through 8-207, 8-301, 8-505
and | ||||||
16 | 8-507 of this Act, to the extent that these Sections
have | ||||||
17 | application to the services being offered by the
| ||||||
18 | alternative retail electric supplier; and
| ||||||
19 | (ii) continue to comply with the requirements for
| ||||||
20 | certification stated in subsection (d) of Section 16-115 ; | ||||||
21 | and .
| ||||||
22 | (iii) submit to the Commission and the Office of the | ||||||
23 | Attorney General, on January 1, 2020 and the first day of | ||||||
24 | each quarter thereafter, the rates the alternative retail | ||||||
25 | electric supplier charged to residential customers in the |
| |||||||
| |||||||
1 | prior quarter, including each distinct rate charged and | ||||||
2 | whether the rate was a fixed or variable rate, the basis | ||||||
3 | for the variable rate, and any fees charged in addition to | ||||||
4 | the supply rate, including monthly fees, flat fees, or | ||||||
5 | other service charges. | ||||||
6 | The Commission is authorized to adopt rules to implement | ||||||
7 | this subsection. | ||||||
8 | (b) An alternative retail electric supplier shall obtain | ||||||
9 | verifiable
authorization from a customer, in a form or manner | ||||||
10 | approved by the Commission
consistent with Section 2EE of the | ||||||
11 | Consumer Fraud and Deceptive Business
Practices Act, before the | ||||||
12 | customer is switched from another supplier.
| ||||||
13 | (c) No alternative retail electric supplier, or electric
| ||||||
14 | utility other than the electric utility in whose service area
a | ||||||
15 | customer is located, shall (i) enter into or employ any
| ||||||
16 | arrangements which have the effect of preventing a retail
| ||||||
17 | customer with a maximum electrical demand of less than one
| ||||||
18 | megawatt from having access to the services of the electric
| ||||||
19 | utility in whose service area the customer is located or (ii)
| ||||||
20 | charge retail customers for such access. This subsection shall | ||||||
21 | not be
construed to prevent an arms-length agreement between a
| ||||||
22 | supplier and a retail customer that sets a term of service, | ||||||
23 | notice
period for terminating service and provisions governing | ||||||
24 | early
termination through a tariff or contract as allowed by | ||||||
25 | Section 16-119.
| ||||||
26 | (d) An alternative retail electric supplier that is
|
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| |||||||
1 | certified to serve residential or small commercial retail
| ||||||
2 | customers shall not:
| ||||||
3 | (1) deny service to a customer or group of customers
| ||||||
4 | nor establish any differences as to prices, terms,
| ||||||
5 | conditions, services, products, facilities, or in any
| ||||||
6 | other respect, whereby such denial or differences are based | ||||||
7 | upon
race, gender or income.
| ||||||
8 | (2) deny service to a customer or group of customers | ||||||
9 | based on locality
nor establish any unreasonable | ||||||
10 | difference as to prices,
terms, conditions, services, | ||||||
11 | products, or facilities as
between localities.
| ||||||
12 | (e) An alternative retail electric supplier shall comply
| ||||||
13 | with the following requirements with respect to the marketing,
| ||||||
14 | offering and provision of products or services to residential
| ||||||
15 | and small commercial retail customers:
| ||||||
16 | (i) Any marketing materials which make
statements | ||||||
17 | concerning prices, terms and conditions
of service shall | ||||||
18 | contain information that adequately
discloses the prices, | ||||||
19 | terms and conditions of the
products or services that the | ||||||
20 | alternative retail
electric supplier is offering or | ||||||
21 | selling to the
customer. All marketing materials, | ||||||
22 | including electronic marketing materials, that include a | ||||||
23 | price per kilowatt-hour for competitive electricity | ||||||
24 | service shall include the following statement: "(Name of | ||||||
25 | alternative retail electric supplier) is not the same | ||||||
26 | entity as your electric utility delivery company. You are |
| |||||||
| |||||||
1 | not required to enroll with (name of alternative retail | ||||||
2 | electric supplier). For information on comparison rates | ||||||
3 | for utility electric supply service and understanding your | ||||||
4 | electric supply choices, go to the Illinois Commerce | ||||||
5 | Commission's free website at www.pluginillinois.org.". Any | ||||||
6 | alternative retail electric supplier solicitations or | ||||||
7 | materials marketing electric power or energy services to a | ||||||
8 | residential customer that contains a price per | ||||||
9 | kilowatt-hour shall include a Price to Compare reflecting | ||||||
10 | the fully avoidable costs of a typical customer, using a | ||||||
11 | methodology to calculate the Price to Compare that the | ||||||
12 | Commission shall adopt by rule. The Commission shall make | ||||||
13 | the Price to Compare available on the Commission's | ||||||
14 | pluginillinois.org website. The Commission is authorized | ||||||
15 | to adopt emergency rules to implement this paragraph. This | ||||||
16 | paragraph (i) does not apply to materials that do not list | ||||||
17 | a price per kilowatt-hour for competitive electricity | ||||||
18 | services or to billboards.
| ||||||
19 | (ii) Before any customer is switched from
another | ||||||
20 | supplier, the alternative retail electric
supplier shall | ||||||
21 | give the customer written information
that adequately | ||||||
22 | discloses, in plain language, the
prices, terms and | ||||||
23 | conditions of the products and
services being offered and | ||||||
24 | sold to the customer.
| ||||||
25 | (iii) An alternative retail electric supplier
shall | ||||||
26 | provide documentation to the Commission and to
customers |
| |||||||
| |||||||
1 | that substantiates any claims made by the
alternative | ||||||
2 | retail electric supplier regarding the
technologies and | ||||||
3 | fuel types used to generate the
electricity offered or sold | ||||||
4 | to customers.
| ||||||
5 | (iv) The alternative retail electric supplier
shall | ||||||
6 | provide to the customer (1) itemized billing
statements | ||||||
7 | that describe the products and services
provided to the | ||||||
8 | customer and their prices, and (2)
an additional statement, | ||||||
9 | at least annually, that
adequately discloses the average | ||||||
10 | monthly prices, and
the terms and conditions, of the | ||||||
11 | products and
services sold to the customer.
| ||||||
12 | (v) No less than 30 days before a residential | ||||||
13 | customer's variable rate changes, the alternative retail | ||||||
14 | electric supplier shall send a separate written notice to | ||||||
15 | the customer informing the customer of an upcoming rate | ||||||
16 | change if the residential variable rate customer's rate | ||||||
17 | increases by more than 20% from one monthly billing period | ||||||
18 | to the next. This requirement does not apply if the | ||||||
19 | variable rate can be determined based on some combination | ||||||
20 | of: (1) publicly available information, such as an index, | ||||||
21 | and (2) a formula provided by the alternative retail | ||||||
22 | electric supplier in the contract using only publicly | ||||||
23 | available information or for time of use based pricing. A | ||||||
24 | customer shall have the right to choose to receive the | ||||||
25 | notice in electronic or paper form, including an option to | ||||||
26 | receive notice via login through an online account with the |
| |||||||
| |||||||
1 | alternative retail electric supplier. | ||||||
2 | (vi) The alternative retail electric supplier shall | ||||||
3 | send a separate written notice if a residential customer's | ||||||
4 | contract includes a provision that results in a change to | ||||||
5 | the residential customer's rate plan of the upcoming change | ||||||
6 | at least 30 days, but no more than 60 days, before the | ||||||
7 | change. The separate written notice shall conform to the | ||||||
8 | requirements in 83 Ill. Adm. Code 412.165(e). A customer | ||||||
9 | shall have the right to choose to receive the notice in | ||||||
10 | electronic or paper form, including an option to receive | ||||||
11 | notice via login through an online account with the | ||||||
12 | alternative retail electric supplier. | ||||||
13 | (vii) In the case of an automatic renewal of a contract | ||||||
14 | for which the initial term is a fixed price and that | ||||||
15 | changes after the initial term, an alternative retail | ||||||
16 | electric supplier shall provide a written notice to the | ||||||
17 | customer at least 30 days but no more than 60 days before | ||||||
18 | the end of the initial contract term that shall include a | ||||||
19 | side-by-side comparison of the current price and the price | ||||||
20 | for the first month of the new term. | ||||||
21 | For purposes of this subsection (e), "variable" means the | ||||||
22 | per-unit charge for electric power and energy service changes | ||||||
23 | at any time during the term of the contract but do not change | ||||||
24 | more than once per billing period. | ||||||
25 | (f) An alternative retail electric supplier may limit
the | ||||||
26 | overall size or availability of a service offering by
|
| |||||||
| |||||||
1 | specifying one or more of the following: a maximum number of
| ||||||
2 | customers, maximum amount of electric load to be served, time
| ||||||
3 | period during which the offering will be available, or other
| ||||||
4 | comparable limitation, but not including the geographic
| ||||||
5 | locations of customers within the area which the alternative
| ||||||
6 | retail electric supplier is certificated to serve. The
| ||||||
7 | alternative retail electric supplier shall file the terms and
| ||||||
8 | conditions of such service offering including the applicable
| ||||||
9 | limitations with the Commission prior to making the service
| ||||||
10 | offering available to customers.
| ||||||
11 | (g) Nothing in this Section shall be construed as
| ||||||
12 | preventing an alternative retail electric supplier,
which is an | ||||||
13 | affiliate of, or which contracts with, (i) an
industry or trade | ||||||
14 | organization or association, (ii) a
membership organization or | ||||||
15 | association that exists for a
purpose other than the purchase | ||||||
16 | of electricity, or (iii)
another organization that meets | ||||||
17 | criteria established in a rule
adopted by the Commission, from | ||||||
18 | offering through the
organization or association services at | ||||||
19 | prices, terms and
conditions that are available solely to the | ||||||
20 | members of the
organization or association.
| ||||||
21 | (h) An alternative retail electric supplier shall maintain | ||||||
22 | sufficient managerial resources and abilities to provide the | ||||||
23 | service for which it has a certificate of service authority. In | ||||||
24 | determining the level of managerial resources and abilities | ||||||
25 | that the alternative retail electric supplier shall | ||||||
26 | demonstrate, the Commission shall consider, in addition to the |
| |||||||
| |||||||
1 | requirements in subsection (d) of Section 16-115, the | ||||||
2 | following: | ||||||
3 | (1) complaints to the Commission by consumers | ||||||
4 | regarding the alternative retail electric supplier, | ||||||
5 | including those that reflect on the alternative retail | ||||||
6 | electric supplier's ability to properly manage | ||||||
7 | solicitation and authorization; and | ||||||
8 | (2) the alternative retail electric supplier's | ||||||
9 | involvement in the Commission's consumer complaint | ||||||
10 | process, including the resources the alternative retail | ||||||
11 | electric supplier dedicates to the process and the | ||||||
12 | alternative retail electric supplier's ability to manage | ||||||
13 | the issues raised by complaints and the resolutions of the | ||||||
14 | complaints. | ||||||
15 | The provisions of this subsection (h) apply only to | ||||||
16 | alternative retail electric suppliers serving or seeking to | ||||||
17 | serve residential or small commercial customers and only to the | ||||||
18 | extent those alternative retail electric suppliers provide | ||||||
19 | services to residential or small commercial customers, unless | ||||||
20 | otherwise noted. | ||||||
21 | For purposes of this subsection (h), "complaint" means an | ||||||
22 | objection made to an alternative retail electric supplier by a | ||||||
23 | customer as to its charges, facilities, or service, the | ||||||
24 | disposal of which requires investigation or analysis. | ||||||
25 | "Complaint" includes a customer identifying and asking an | ||||||
26 | alternative retail electric supplier to address or resolve a |
| |||||||
| |||||||
1 | problem or concern. "Complaint" does not include contact that | ||||||
2 | is limited to inquiry or seeking information; however, the | ||||||
3 | definition of "complaint" for this purpose shall not be read or | ||||||
4 | interpreted to limit in any way the Commission's authority to | ||||||
5 | accept and seek resolution of informal complaints or inquiries | ||||||
6 | of any description submitted by a residential customer or small | ||||||
7 | business customer regarding an alternative retail electric | ||||||
8 | supplier. | ||||||
9 | (i) Complaints may be filed with the Commission under this | ||||||
10 | Section and Section 10-108 by a customer whose electric supply | ||||||
11 | service has been provided by an alternative electric supplier | ||||||
12 | in a manner not in compliance with subsection (b), (d), (e), or | ||||||
13 | (h) if the customer has first sought resolution of the dispute | ||||||
14 | arising from the non-compliant conduct complained of through | ||||||
15 | the Commission's informal complaint process. If, after notice | ||||||
16 | and hearing, the Commission finds that an alternative retail | ||||||
17 | electric supplier has violated subsection (b), (d), (e), or | ||||||
18 | (h), then the Commission may, in its discretion, do any one or | ||||||
19 | more of the following: | ||||||
20 | (1) require the violating alternative retail electric | ||||||
21 | supplier to refund the customer charges collected in excess | ||||||
22 | of those that would have been charged by the customer's | ||||||
23 | authorized electric provider; | ||||||
24 | (2) require the violating alternative retail electric | ||||||
25 | supplier to pay a fine of $5,000 for each violation; | ||||||
26 | (3) issue a cease and desist order; or |
| |||||||
| |||||||
1 | (4) for a pattern of violations or for intentionally | ||||||
2 | violating a cease and desist order, revoke the violating | ||||||
3 | alternative retail electric supplier's certificate of | ||||||
4 | service authority. | ||||||
5 | (j) All fines shall be deposited into the Public Utilities | ||||||
6 | Fund. | ||||||
7 | (k) The Commission shall ensure alternative retail | ||||||
8 | electric suppliers have proper training in place to prohibit | ||||||
9 | impersonation of a utility. The Commission shall investigate | ||||||
10 | complaints of any company or its agents impersonating a | ||||||
11 | utility. A company contracting with or that employs a sales | ||||||
12 | agent found to be impersonating a utility shall be fined $5,000 | ||||||
13 | for each incident. | ||||||
14 | As used in this subsection: | ||||||
15 | "Impersonation" means wearing apparel or carrying items | ||||||
16 | using the utility name or logo with the intent of misleading | ||||||
17 | the customer into believing the agent is acting on behalf of or | ||||||
18 | working for the utility. | ||||||
19 | "Company" includes an alternative retail electric supplier | ||||||
20 | and any agent, broker, consultant, or other entity hired to | ||||||
21 | sell retail electricity services. | ||||||
22 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
23 | (220 ILCS 5/16-115B)
| ||||||
24 | Sec. 16-115B.
Commission oversight of services provided
by | ||||||
25 | alternative retail electric suppliers.
|
| |||||||
| |||||||
1 | (a) The Commission shall have jurisdiction in accordance
| ||||||
2 | with the provisions of Article X of this Act to entertain and | ||||||
3 | dispose of
any complaint against any alternative retail | ||||||
4 | electric supplier
alleging (i) that the alternative retail | ||||||
5 | electric supplier has
violated or is in nonconformance with any | ||||||
6 | applicable
provisions of Section 16-115 through Section | ||||||
7 | 16-115A; (ii) that
an alternative retail electric supplier | ||||||
8 | serving retail
customers having maximum demands of less than | ||||||
9 | one megawatt has
failed to provide service in accordance with | ||||||
10 | the terms of its
contract or contracts with such customer or | ||||||
11 | customers; (iii)
that the alternative retail electric supplier | ||||||
12 | has violated or
is in non-conformance with the delivery | ||||||
13 | services tariff of, or
any of its agreements relating to | ||||||
14 | delivery services with, the
electric utility, municipal | ||||||
15 | system, or electric cooperative
providing delivery services; | ||||||
16 | or (iv) that the alternative
retail electric supplier has | ||||||
17 | violated or failed to comply with
the requirements of Sections | ||||||
18 | 8-201 through 8-207, 8-301, 8-505,
or 8-507 of this Act as made | ||||||
19 | applicable to alternative retail
electric suppliers.
| ||||||
20 | (b) In addition to other powers and authority granted it | ||||||
21 | under this Act, the Commission is authorized to require an | ||||||
22 | alternative retail electric supplier to enter into a compliance | ||||||
23 | plan. If the Commission comes into possession of information | ||||||
24 | causing it to conclude that an alternative retail electric | ||||||
25 | supplier is violating this Act or the Commission's rules, the | ||||||
26 | Commission may, after notice and hearing, enter an order |
| |||||||
| |||||||
1 | directing the alternative retail electric supplier to | ||||||
2 | implement such practices, procedures, oversight, or other | ||||||
3 | measures or refrain from such practices, conduct, or activities | ||||||
4 | as the Commission finds is necessary or reasonable to ensure | ||||||
5 | the alternative retail electric supplier's compliance with the | ||||||
6 | Act and the Commission's rules. Failure by an alternative | ||||||
7 | retail electric supplier to implement or comply with a | ||||||
8 | Commission-ordered compliance plan is a violation of this | ||||||
9 | Section. The Commission, in its discretion, may order a | ||||||
10 | compliance plan under such circumstances as it considers | ||||||
11 | warranted and is not required to order a compliance plan prior | ||||||
12 | to taking other enforcement action against an alternative | ||||||
13 | retail electric supplier. | ||||||
14 | (c) (b) The Commission shall have authority, after notice
| ||||||
15 | and hearing held on complaint or on the Commission's own
| ||||||
16 | motion , to do any one or more of the following :
| ||||||
17 | (1) If the Commission finds sufficient evidence of a | ||||||
18 | repeated pattern of conduct or circumstances that is | ||||||
19 | contrary to Section 16-115A or 83 Adm. Ill. Code Part 412 | ||||||
20 | and that constitutes a significant likelihood of | ||||||
21 | substantial harm to customers, the public interest, or an | ||||||
22 | adequately functioning market, it may issue an informal | ||||||
23 | notice, without initiating a docketed proceeding, to the | ||||||
24 | alternative retail electric supplier to show cause why an | ||||||
25 | order to cease and desist should not be entered against the | ||||||
26 | alternative retail electric supplier. The Commission's |
| |||||||
| |||||||
1 | informal notice shall clearly set forth the evidence relied | ||||||
2 | upon by the Commission, including, but not limited to, the | ||||||
3 | provisions in subsection (d) of Section 16-115 and | ||||||
4 | subsection (h) of Section 16-115A. The Commission shall | ||||||
5 | allow the alternative retail electric supplier at least 3 | ||||||
6 | and no more than 5 business days from the date of the | ||||||
7 | informal notice to file an answer to the satisfaction of | ||||||
8 | the Commission. Failure of the alternative retail electric | ||||||
9 | supplier to answer to the satisfaction of the Commission | ||||||
10 | shall cause an order to cease and desist to be issued | ||||||
11 | immediately by the Commission.
| ||||||
12 | (2) Order (1) To order an alternative retail electric | ||||||
13 | supplier
to cease and desist, or correct, any violation of | ||||||
14 | or non-conformance with the
provisions of Section 16-115 or | ||||||
15 | 16-115A . ;
| ||||||
16 | (3) Impose (2) To impose financial penalties for | ||||||
17 | violations of
or non-conformances with the provisions of | ||||||
18 | Section 16-115 or 16-115A,
not to exceed (i) $10,000 per | ||||||
19 | occurrence or (ii) $30,000
per day for those violations or | ||||||
20 | non-conformances which
continue after the Commission | ||||||
21 | issues a cease and desist
order . ; and
| ||||||
22 | (4) Alter (3) To alter , modify, revoke , or suspend the
| ||||||
23 | certificate of service authority of an alternative retail
| ||||||
24 | electric supplier for substantial or repeated violations
| ||||||
25 | of or non-conformances with the provisions of
Section | ||||||
26 | 16-115 or 16-115A.
|
| |||||||
| |||||||
1 | (d) In assessing a penalty against an alternative retail | ||||||
2 | electric supplier under any provision of this Article XVI, the | ||||||
3 | Commission may consider the following factors, in addition to | ||||||
4 | any other factor or consideration that the Commission in its | ||||||
5 | discretion considers to bear on the nature or gravity of the | ||||||
6 | violation: | ||||||
7 | (1) the nature of the violations found and the | ||||||
8 | alternative retail electric supplier's history of | ||||||
9 | substantiated complaints or adjudicated violations; | ||||||
10 | (2) the alternative retail electric supplier's | ||||||
11 | culpability; | ||||||
12 | (3) existence or strength of compliance and internal | ||||||
13 | monitoring programs; | ||||||
14 | (4) whether the alternative retail electric supplier | ||||||
15 | made a good faith effort to compensate consumers harmed; | ||||||
16 | and | ||||||
17 | (5) any context-appropriate factors that the | ||||||
18 | Commission deems appropriate. | ||||||
19 | (e) All fines shall be deposited into the Public Utilities | ||||||
20 | Fund. | ||||||
21 | (f) The Commission shall conduct at least one mandatory | ||||||
22 | compliance education workshop annually for alternative retail | ||||||
23 | electric suppliers that service retail and small commercial | ||||||
24 | retail customers in an electric utility's service area | ||||||
25 | regarding statutory and rule requirements, consumer complaint | ||||||
26 | statistics, and any other information determined necessary by |
| |||||||
| |||||||
1 | the Commission. Completion of the Commission's compliance | ||||||
2 | workshop by an alternative retail electric supplier, as | ||||||
3 | determined by the Commission, must be in person and is a | ||||||
4 | condition for continuing compliance with certification | ||||||
5 | requirements for an alternative retail electric supplier under | ||||||
6 | 83 Ill. Adm. Code 451.Subpart H. | ||||||
7 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
8 | (220 ILCS 5/16-118)
| ||||||
9 | Sec. 16-118. Services provided by electric utilities to
| ||||||
10 | alternative retail electric suppliers.
| ||||||
11 | (a) It is in the best interest of Illinois energy
consumers | ||||||
12 | to promote fair and open competition in the
provision of | ||||||
13 | electric power and energy and to prevent
anticompetitive | ||||||
14 | practices in the provision of electric power
and energy.
| ||||||
15 | Therefore, to the extent an electric utility provides electric | ||||||
16 | power and energy
or delivery services to alternative retail | ||||||
17 | electric suppliers and such services
are not subject to the | ||||||
18 | jurisdiction of the Federal Energy
Regulatory Commission, and | ||||||
19 | are not competitive services, they
shall be provided through | ||||||
20 | tariffs that are filed with the
Commission, pursuant to Article | ||||||
21 | IX of this Act.
Each electric utility shall permit alternative
| ||||||
22 | retail electric suppliers to interconnect facilities to those
| ||||||
23 | owned by the utility provided they meet established standards
| ||||||
24 | for such interconnection, and may provide standby or other
| ||||||
25 | services to alternative retail electric suppliers. The
|
| |||||||
| |||||||
1 | alternative retail electric supplier shall sign a contract
| ||||||
2 | setting forth the prices, terms and conditions for
| ||||||
3 | interconnection with the electric utility and the prices,
terms | ||||||
4 | and conditions for services provided by the electric
utility to | ||||||
5 | the alternative retail electric supplier in
connection with the | ||||||
6 | delivery by the electric utility of
electric power and energy | ||||||
7 | supplied by the alternative retail
electric supplier.
| ||||||
8 | (b) An electric utility shall file a tariff pursuant to | ||||||
9 | Article IX of the
Act that would allow alternative retail | ||||||
10 | electric suppliers or electric
utilities other than the | ||||||
11 | electric utility in whose service area retail
customers are
| ||||||
12 | located to issue single bills to the retail customers for both | ||||||
13 | the services
provided by such alternative retail electric | ||||||
14 | supplier or other electric utility
and the delivery services | ||||||
15 | provided by the electric utility to such customers.
The tariff | ||||||
16 | filed pursuant to this subsection shall (i) require partial | ||||||
17 | payments
made by retail customers to be credited first to the | ||||||
18 | electric utility's
tariffed services, (ii) impose commercially | ||||||
19 | reasonable terms with respect to
credit and collection, | ||||||
20 | including requests for deposits, (iii) retain the
electric | ||||||
21 | utility's right to disconnect the retail customers, if it does | ||||||
22 | not
receive payment for its tariffed services, in the same | ||||||
23 | manner that it would be
permitted to if it had billed for the | ||||||
24 | services itself, and (iv) require the
alternative retail | ||||||
25 | electric supplier or other electric utility that elects the
| ||||||
26 | billing option provided by this tariff to include on each bill |
| |||||||
| |||||||
1 | to retail
customers an identification of the electric utility | ||||||
2 | providing the delivery
services and a listing of the charges | ||||||
3 | applicable to such services. The tariff
filed pursuant to this | ||||||
4 | subsection may also include other just and reasonable
terms and | ||||||
5 | conditions. In addition,
an electric utility, an alternative | ||||||
6 | retail electric
supplier or electric utility other than the | ||||||
7 | electric utility
in whose service area the customer is located, | ||||||
8 | and a customer
served by such alternative retail electric | ||||||
9 | supplier or other
electric utility, may enter into an agreement | ||||||
10 | pursuant to
which the alternative retail electric supplier or | ||||||
11 | other
electric utility pays the charges specified in Section | ||||||
12 | 16-108,
or other customer-related charges, including taxes and | ||||||
13 | fees,
in lieu of such charges being recovered by the electric
| ||||||
14 | utility directly from the customer. | ||||||
15 | (c) An electric utility with more than 100,000 customers | ||||||
16 | shall file a tariff pursuant to Article IX of this Act that | ||||||
17 | provides alternative retail electric suppliers, and electric | ||||||
18 | utilities other than the electric utility in whose service area | ||||||
19 | the retail customers are located, with the option to have the | ||||||
20 | electric utility purchase their receivables for power and | ||||||
21 | energy service provided to residential retail customers and | ||||||
22 | non-residential retail customers with a non-coincident peak | ||||||
23 | demand of less than 400 kilowatts. Receivables for power and | ||||||
24 | energy service of alternative retail electric suppliers or | ||||||
25 | electric utilities other than the electric utility in whose | ||||||
26 | service area the retail customers are located shall be |
| |||||||
| |||||||
1 | purchased by the electric utility at a just and reasonable | ||||||
2 | discount rate to be reviewed and approved by the Commission | ||||||
3 | after notice and hearing. The discount rate shall be based on | ||||||
4 | the electric utility's historical bad debt and any reasonable | ||||||
5 | start-up costs and administrative costs associated with the | ||||||
6 | electric utility's purchase of receivables. The discounted | ||||||
7 | rate for purchase of receivables shall be included in the | ||||||
8 | tariff filed pursuant to this subsection (c). The discount rate | ||||||
9 | filed pursuant to this subsection (c) shall be subject to | ||||||
10 | periodic Commission review. The electric utility retains the | ||||||
11 | right to impose the same terms on retail customers with respect | ||||||
12 | to credit and collection, including requests for deposits, and | ||||||
13 | retain the electric utility's right to disconnect the retail | ||||||
14 | customers, if it does not receive payment for its tariffed | ||||||
15 | services or purchased receivables, in the same manner that it | ||||||
16 | would be permitted to if the retail customers purchased power | ||||||
17 | and energy from the electric utility. The tariff filed pursuant | ||||||
18 | to this subsection (c) shall permit the electric utility to | ||||||
19 | recover from retail customers any uncollected receivables that | ||||||
20 | may arise as a result of the purchase of receivables under this | ||||||
21 | subsection (c), may also include other just and reasonable | ||||||
22 | terms and conditions, and shall provide for the prudently | ||||||
23 | incurred costs associated with the provision of this service | ||||||
24 | pursuant to this subsection (c). Nothing in this subsection (c) | ||||||
25 | permits the double recovery of bad debt expenses from | ||||||
26 | customers. |
| |||||||
| |||||||
1 | (d) An electric utility with more than 100,000 customers | ||||||
2 | shall file a tariff pursuant to Article IX of this Act that | ||||||
3 | would provide alternative retail electric suppliers or | ||||||
4 | electric utilities other than the electric utility in whose | ||||||
5 | service area retail customers are located with the option to | ||||||
6 | have the electric utility produce and provide single bills to | ||||||
7 | the retail customers for both the electric power and energy | ||||||
8 | service provided by the alternative retail electric supplier or | ||||||
9 | other electric utility and the delivery services provided by | ||||||
10 | the electric utility to the customers. The tariffs filed | ||||||
11 | pursuant to this subsection shall require the electric utility | ||||||
12 | to collect and remit customer payments for electric power and | ||||||
13 | energy service provided by alternative retail electric | ||||||
14 | suppliers or electric utilities other than the electric utility | ||||||
15 | in whose service area retail customers are located. The tariff | ||||||
16 | filed pursuant to this subsection shall require the electric | ||||||
17 | utility to include on each bill to retail customers an | ||||||
18 | identification of the alternative retail electric supplier or | ||||||
19 | other electric utility that elects the billing option. The | ||||||
20 | tariff filed pursuant to this subsection (d) may also include | ||||||
21 | other just and reasonable terms and conditions and shall | ||||||
22 | provide for the recovery of prudently incurred costs associated | ||||||
23 | with the provision of service pursuant to this subsection (d). | ||||||
24 | The costs associated with the provision of service pursuant to | ||||||
25 | this Section shall be subject to periodic Commission review.
| ||||||
26 | (e) An electric utility with more than 100,000 customers in |
| |||||||
| |||||||
1 | this State shall file a tariff pursuant to Article IX of this | ||||||
2 | Act that provides alternative retail electric suppliers, and | ||||||
3 | electric utilities other than the electric utility in whose | ||||||
4 | service area the retail customers are located, with the option | ||||||
5 | to have the electric utility purchase 2 billing cycles worth of | ||||||
6 | uncollectible receivables for power and energy service | ||||||
7 | provided to residential retail customers and to | ||||||
8 | non-residential retail customers with a non-coincident peak | ||||||
9 | demand of less than 400 kilowatts upon returning that customer | ||||||
10 | to that electric utility for delivery and energy service after | ||||||
11 | that alternative retail electric supplier, or an electric | ||||||
12 | utility other than the electric utility in whose service area | ||||||
13 | the retail customer is located, has made reasonable collection | ||||||
14 | efforts on that account. Uncollectible receivables for power | ||||||
15 | and energy service of alternative retail electric suppliers, or | ||||||
16 | electric utilities other than the electric utility in whose | ||||||
17 | service area the retail customers are located, shall be | ||||||
18 | purchased by the electric utility at a just and reasonable | ||||||
19 | discount rate to be reviewed and approved by the Commission, | ||||||
20 | after notice and hearing. The discount rate shall be based on | ||||||
21 | the electric utility's historical bad debt for receivables that | ||||||
22 | are outstanding for a similar length of time and any reasonable | ||||||
23 | start-up costs and administrative costs associated with the | ||||||
24 | electric utility's purchase of receivables. The discounted | ||||||
25 | rate for purchase of uncollectible receivables shall be | ||||||
26 | included in the tariff filed pursuant to this subsection (e). |
| |||||||
| |||||||
1 | The electric utility retains the right to impose the same terms | ||||||
2 | on these retail customers with respect to credit and | ||||||
3 | collection, including requests for deposits, and retains the | ||||||
4 | right to disconnect these retail customers, if it does not | ||||||
5 | receive payment for its tariffed services or purchased | ||||||
6 | receivables, in the same manner that it would be permitted to | ||||||
7 | if the retail customers had purchased power and energy from the | ||||||
8 | electric utility. The tariff filed pursuant to this subsection | ||||||
9 | (e) shall permit the electric utility to recover from retail | ||||||
10 | customers any uncollectable receivables that may arise as a | ||||||
11 | result of the purchase of uncollectible receivables under this | ||||||
12 | subsection (e), may also include other just and reasonable | ||||||
13 | terms and conditions, and shall provide for the prudently | ||||||
14 | incurred costs associated with the provision of this service | ||||||
15 | pursuant to this subsection (e). Nothing in this subsection (e) | ||||||
16 | permits the double recovery of utility bad debt expenses from | ||||||
17 | customers. The electric utility may file a joint tariff for | ||||||
18 | this subsection (e) and subsection (c) of this Section.
| ||||||
19 | (f) Every alternative retail electric supplier or electric | ||||||
20 | utility other than the electric utility in whose service area | ||||||
21 | retail customers are located that issue single bills to the | ||||||
22 | retail customers for the services provided by such alternative | ||||||
23 | retail electric supplier or other electric utility and the | ||||||
24 | delivery services provided by the electric utility to such | ||||||
25 | customers shall include on the single bills issued to | ||||||
26 | residential customers the current utility supply charge that |
| |||||||
| |||||||
1 | would apply to the customer for the billing period if the | ||||||
2 | customer obtained supply from the utility, including all fixed | ||||||
3 | or monthly supply charges and other charges, credits, or rates | ||||||
4 | that are part of the electric supply price. | ||||||
5 | (g) Every electric utility that provides delivery and | ||||||
6 | supply services shall include on each bill to residential | ||||||
7 | customers who obtain supply from an alternative retail electric | ||||||
8 | supplier the electric utility's total supply charge that would | ||||||
9 | apply to the customer for the billing period if the customer | ||||||
10 | obtained supply from the utility, including all fixed or | ||||||
11 | monthly supply charges and other charges, credits, or rates | ||||||
12 | that are part of the electric supply price. | ||||||
13 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
14 | (220 ILCS 5/16-119)
| ||||||
15 | Sec. 16-119. Switching suppliers. | ||||||
16 | (a) An electric utility or an alternative retail electric
| ||||||
17 | supplier may establish a term of service, notice period for
| ||||||
18 | terminating service and provisions governing early termination
| ||||||
19 | through a tariff or contract. A customer may change its
| ||||||
20 | supplier subject to tariff or contract terms and conditions.
| ||||||
21 | Any notice provisions; or provision for a fee, charge or
| ||||||
22 | penalty with early termination of a contract; shall be
| ||||||
23 | conspicuously disclosed in any tariff or contract. Any tariff | ||||||
24 | filed or contract renewed or entered into on and after the | ||||||
25 | effective date of this amendatory Act of the 99th General |
| |||||||
| |||||||
1 | Assembly that contains an early termination clause shall | ||||||
2 | disclose the amount of the early termination fee or penalty, | ||||||
3 | provided that any early termination fee or penalty shall not | ||||||
4 | exceed $50 total for residential customers and $150 for small | ||||||
5 | commercial retail customers as defined in Section 16-102 of | ||||||
6 | this Act, regardless of whether or not the tariff or contract | ||||||
7 | is a multiyear tariff or contract. A customer
shall remain | ||||||
8 | responsible for any unpaid charges owed to an
electric utility | ||||||
9 | or alternative retail electric supplier at
the time it switches | ||||||
10 | to another provider.
| ||||||
11 | The caps on early termination fees and penalties under this | ||||||
12 | Section shall apply only to early termination fees and | ||||||
13 | penalties for early termination of electric service. The caps | ||||||
14 | shall not apply to charges or fees for devices, equipment, or | ||||||
15 | other services provided by the utility or alternative retail | ||||||
16 | electric supplier. | ||||||
17 | (b) Notwithstanding the requirements of subsection (a), | ||||||
18 | each electric utility shall, within 90 days after the effective | ||||||
19 | date of this amendatory Act of the 101st General Assembly, | ||||||
20 | modify its tariff carrying out this Section to reflect the | ||||||
21 | following: | ||||||
22 | (1) No customer who is receiving Low-Income Home Energy | ||||||
23 | Assistance Program funds may be switched to an alternative | ||||||
24 | retail electric supplier except subject to a government | ||||||
25 | aggregation program or to an order entered by the | ||||||
26 | Commission that approves a Low-Income Home Energy |
| |||||||
| |||||||
1 | Assistance Program savings guarantee plan for alternative | ||||||
2 | retail electric supplier offerings. | ||||||
3 | (2) If an alternative retail electric supplier | ||||||
4 | attempts to enroll a Low-Income Home Energy Assistance | ||||||
5 | Program customer other than through a government | ||||||
6 | aggregation program or an order entered by the Commission | ||||||
7 | that approves a Low-Income Energy Assistance Program | ||||||
8 | savings guarantee plan for alternative retail electric | ||||||
9 | supplier offerings, the electric utility shall deny the | ||||||
10 | supplier switch and inform the alternative retail electric | ||||||
11 | supplier of the reason. | ||||||
12 | (Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
| ||||||
13 | (220 ILCS 5/19-115)
| ||||||
14 | Sec. 19-115. Obligations of alternative gas suppliers.
| ||||||
15 | (a) The provisions of this Section shall apply only to | ||||||
16 | alternative gas
suppliers
serving or seeking to serve | ||||||
17 | residential or small commercial customers and
only to the | ||||||
18 | extent such
alternative gas suppliers provide services to | ||||||
19 | residential or small
commercial customers.
| ||||||
20 | (b) An alternative gas supplier shall:
| ||||||
21 | (1) comply with the requirements imposed on public | ||||||
22 | utilities by Sections
8-201 through 8-207, 8-301, 8-505 and | ||||||
23 | 8-507 of this Act, to the
extent that these Sections have | ||||||
24 | application to the services being
offered by the | ||||||
25 | alternative gas supplier;
|
| |||||||
| |||||||
1 | (2) continue to comply with the requirements for | ||||||
2 | certification stated
in
Section 19-110;
| ||||||
3 | (3) comply with complaint procedures established by | ||||||
4 | the Commission; | ||||||
5 | (4) except as provided in subsection (h) of this | ||||||
6 | Section, file with the Chief Clerk of the Commission, | ||||||
7 | within 20 business days after the effective date of this | ||||||
8 | amendatory Act of the 95th General Assembly, a copy of bill | ||||||
9 | formats, standard customer contract and customer complaint | ||||||
10 | and resolution procedures, and the name and telephone | ||||||
11 | number of the company representative whom Commission | ||||||
12 | employees may contact to resolve customer complaints and | ||||||
13 | other matters. In the case of a gas supplier that engages | ||||||
14 | in door-to-door solicitation, the company shall file with | ||||||
15 | the Commission the consumer information disclosure | ||||||
16 | required by item (3) of subsection (c) of Section 2DDD of | ||||||
17 | the Consumer Fraud and Deceptive Business Practices Act and | ||||||
18 | shall file updated information within 10 business days | ||||||
19 | after changes in any of the documents or information | ||||||
20 | required to be filed by this item (4); and | ||||||
21 | (5) maintain a customer call center where customers can | ||||||
22 | reach a representative and receive current information. At | ||||||
23 | least once every 6 months, each alternative gas supplier | ||||||
24 | shall provide written information to customers explaining | ||||||
25 | how to contact the call center. The average answer time for | ||||||
26 | calls placed to the call center shall not exceed 60 seconds |
| |||||||
| |||||||
1 | where a representative or automated system is ready to | ||||||
2 | render assistance and/or accept information to process | ||||||
3 | calls. The abandon rate for calls placed to the call center | ||||||
4 | shall not exceed 10%. Each alternative gas supplier shall | ||||||
5 | maintain records of the call center's telephone answer time | ||||||
6 | performance and abandon call rate. These records shall be | ||||||
7 | kept for a minimum of 2 years and shall be made available | ||||||
8 | to Commission personnel upon request. In the event that | ||||||
9 | answer times and/or abandon rates exceed the limits | ||||||
10 | established above, the reporting alternative gas supplier | ||||||
11 | may provide the Commission or its personnel with | ||||||
12 | explanatory details. At a minimum, these records shall | ||||||
13 | contain the following information in monthly increments: | ||||||
14 | (A) total number of calls received; | ||||||
15 | (B) number of calls answered; | ||||||
16 | (C) average answer time; | ||||||
17 | (D) number of abandoned calls; and | ||||||
18 | (E) abandon call rate ; and . | ||||||
19 | (6) submit to the Commission and the Office of the | ||||||
20 | Attorney General, on January 1, 2020 and the first day of | ||||||
21 | each quarter thereafter, the rates the alternative gas | ||||||
22 | supplier charged to residential customers in the prior | ||||||
23 | quarter, including each distinct rate charged and whether | ||||||
24 | the rate was a fixed or variable rate, the basis for the | ||||||
25 | variable rate, and any fees charged in addition to the | ||||||
26 | supply rate, including monthly fees, flat fees, or other |
| |||||||
| |||||||
1 | service charges; the Commission is authorized to adopt | ||||||
2 | rules to implement this paragraph (6). | ||||||
3 | Alternative gas suppliers that do not have electronic | ||||||
4 | answering capability that meets these requirements shall | ||||||
5 | notify the Manager of the Commission's Consumer Services | ||||||
6 | Division or its successor within 30 days following the | ||||||
7 | effective date of this amendatory Act of the 95th General | ||||||
8 | Assembly and work with Staff to develop individualized | ||||||
9 | reporting requirements as to the call volume and responsiveness | ||||||
10 | of the call center. | ||||||
11 | On or before March 1 of every year, each entity shall file | ||||||
12 | a report with the Chief Clerk of the Commission for the | ||||||
13 | preceding calendar year on its answer time and abandon call | ||||||
14 | rate for its call center. A copy of the report shall be sent to | ||||||
15 | the Manager of the Consumer Services Division or its successor. | ||||||
16 | (c) An alternative gas supplier shall not submit or execute | ||||||
17 | a change in a customer's selection of a natural gas provider | ||||||
18 | unless and until (i) the alternative gas supplier first | ||||||
19 | discloses all material terms and conditions of the offer to the | ||||||
20 | customer; (ii) the alternative gas supplier has obtained the | ||||||
21 | customer's express agreement to accept the offer after the | ||||||
22 | disclosure of all material terms and conditions of the offer; | ||||||
23 | and (iii) the alternative gas supplier has confirmed the | ||||||
24 | request for a change in accordance with one of the following | ||||||
25 | procedures: | ||||||
26 | (1) The alternative gas supplier has obtained the |
| |||||||
| |||||||
1 | customer's written or electronically signed authorization | ||||||
2 | in a form that meets the following requirements: | ||||||
3 | (A) An alternative gas supplier shall obtain any | ||||||
4 | necessary written or electronically signed | ||||||
5 | authorization from a customer for a change in natural | ||||||
6 | gas service by using a letter of agency as specified in | ||||||
7 | this Section. Any letter of agency that does not | ||||||
8 | conform with this Section is invalid. | ||||||
9 | (B) The letter of agency shall be a separate | ||||||
10 | document (or an easily separable document containing | ||||||
11 | only the authorization language described in item (E) | ||||||
12 | of this paragraph (1)) whose sole purpose is to | ||||||
13 | authorize a natural gas provider change. The letter of | ||||||
14 | agency must be signed and dated by the customer | ||||||
15 | requesting the natural gas provider change. | ||||||
16 | (C) The letter of agency shall not be combined with | ||||||
17 | inducements of any kind on the same document. | ||||||
18 | (D) Notwithstanding items (A) and (B) of this | ||||||
19 | paragraph (1), the letter of agency may be combined | ||||||
20 | with checks that contain only the required letter of | ||||||
21 | agency language prescribed in item (E) of this | ||||||
22 | paragraph (1) and the necessary information to make the | ||||||
23 | check a negotiable instrument. The letter of agency | ||||||
24 | check shall not contain any promotional language or | ||||||
25 | material. The letter of agency check shall contain in | ||||||
26 | easily readable, bold face type on the face of the |
| |||||||
| |||||||
1 | check a notice that the consumer is authorizing a | ||||||
2 | natural gas provider change by signing the check. The | ||||||
3 | letter of agency language also shall be placed near the | ||||||
4 | signature line on the back of the check. | ||||||
5 | (E) At a minimum, the letter of agency must be | ||||||
6 | printed with a print of sufficient size to be clearly | ||||||
7 | legible and must contain clear and unambiguous | ||||||
8 | language that confirms: | ||||||
9 | (i) the customer's billing name and address; | ||||||
10 | (ii) the decision to change the natural gas | ||||||
11 | provider from the current provider to the | ||||||
12 | prospective alternative gas supplier; | ||||||
13 | (iii) the terms, conditions, and nature of the | ||||||
14 | service to be provided to the customer, including, | ||||||
15 | but not limited to, the rates for the service | ||||||
16 | contracted for by the customer; and | ||||||
17 | (iv) that the customer understands that any | ||||||
18 | natural gas provider selection the customer | ||||||
19 | chooses may involve a charge to the customer for | ||||||
20 | changing the customer's natural gas provider. | ||||||
21 | (F) Letters of agency shall not suggest or require | ||||||
22 | that a customer take some action in order to retain the | ||||||
23 | customer's current natural gas provider. | ||||||
24 | (G) If any portion of a letter of agency is | ||||||
25 | translated into another language, then all portions of | ||||||
26 | the letter of agency must be translated into that |
| |||||||
| |||||||
1 | language. | ||||||
2 | (2) An appropriately qualified independent third party | ||||||
3 | has obtained, in accordance with the procedures set forth | ||||||
4 | in this paragraph (2), the customer's oral authorization to | ||||||
5 | change natural gas providers that confirms and includes | ||||||
6 | appropriate verification data. The independent third party | ||||||
7 | must (i) not be owned, managed, controlled, or directed by | ||||||
8 | the alternative gas supplier or the alternative gas | ||||||
9 | supplier's marketing agent; (ii) not have any financial | ||||||
10 | incentive to confirm provider change requests for the | ||||||
11 | alternative gas supplier or the alternative gas supplier's | ||||||
12 | marketing agent; and (iii) operate in a location physically | ||||||
13 | separate from the alternative gas supplier or the | ||||||
14 | alternative gas supplier's marketing agent. Automated | ||||||
15 | third-party verification systems and 3-way conference | ||||||
16 | calls may be used for verification purposes so long as the | ||||||
17 | other requirements of this paragraph (2) are satisfied. An | ||||||
18 | alternative gas supplier or alternative gas supplier's | ||||||
19 | sales representative initiating a 3-way conference call or | ||||||
20 | a call through an automated verification system must drop | ||||||
21 | off the call once the 3-way connection has been | ||||||
22 | established. All third-party verification methods shall | ||||||
23 | elicit, at a minimum, the following information: | ||||||
24 | (A) the identity of the customer; | ||||||
25 | (B) confirmation that the person on the call is | ||||||
26 | authorized to make the provider change; |
| |||||||
| |||||||
1 | (C) confirmation that the person on the call wants | ||||||
2 | to make the provider change; | ||||||
3 | (D) the names of the providers affected by the | ||||||
4 | change; | ||||||
5 | (E) the service address of the service to be | ||||||
6 | switched; and | ||||||
7 | (F) the price of the service to be provided and the | ||||||
8 | material terms and conditions of the service being | ||||||
9 | offered, including whether any early termination fees | ||||||
10 | apply. | ||||||
11 | Third-party verifiers may not market the alternative | ||||||
12 | gas supplier's services by providing additional | ||||||
13 | information. All third-party verifications shall be | ||||||
14 | conducted in the same language that was used in the | ||||||
15 | underlying sales transaction and shall be recorded in their | ||||||
16 | entirety. Submitting alternative gas suppliers shall | ||||||
17 | maintain and preserve audio records of verification of | ||||||
18 | customer authorization for a minimum period of 2 years | ||||||
19 | after obtaining the verification. Automated systems must | ||||||
20 | provide customers with an option to speak with a live | ||||||
21 | person at any time during the call. | ||||||
22 | (3) The alternative gas supplier has obtained the | ||||||
23 | customer's authorization via an automated verification | ||||||
24 | system to change natural gas service via telephone. An | ||||||
25 | automated verification system is an electronic system | ||||||
26 | that, through pre-recorded prompts, elicits voice |
| |||||||
| |||||||
1 | responses, touchtone responses, or both, from the customer | ||||||
2 | and records both the prompts and the customer's responses. | ||||||
3 | Such authorization must elicit the information in | ||||||
4 | paragraph (2)(A) through (F) of this subsection (c). | ||||||
5 | Alternative gas suppliers electing to confirm sales | ||||||
6 | electronically through an automated verification system | ||||||
7 | shall establish one or more toll-free telephone numbers | ||||||
8 | exclusively for that purpose. Calls to the number or | ||||||
9 | numbers shall connect a customer to a voice response unit, | ||||||
10 | or similar mechanism, that makes a date-stamped, | ||||||
11 | time-stamped recording of the required information | ||||||
12 | regarding the alternative gas supplier change. | ||||||
13 | The alternative gas supplier shall not use such | ||||||
14 | electronic authorization systems to market its services. | ||||||
15 | (4) When a consumer initiates the call to the | ||||||
16 | prospective alternative gas supplier, in order to enroll | ||||||
17 | the consumer as a customer, the prospective alternative gas | ||||||
18 | supplier must, with the consent of the customer, make a | ||||||
19 | date-stamped, time-stamped audio recording that elicits, | ||||||
20 | at a minimum, the following information: | ||||||
21 | (A) the identity of the customer; | ||||||
22 | (B) confirmation that the person on the call is | ||||||
23 | authorized to make the provider change; | ||||||
24 | (C) confirmation that the person on the call wants | ||||||
25 | to make the provider change; | ||||||
26 | (D) the names of the providers affected by the |
| |||||||
| |||||||
1 | change; | ||||||
2 | (E) the service address of the service to be | ||||||
3 | switched; and | ||||||
4 | (F) the price of the service to be supplied and the | ||||||
5 | material terms and conditions of the service being | ||||||
6 | offered, including whether any early termination fees | ||||||
7 | apply. | ||||||
8 | Submitting alternative gas suppliers shall maintain | ||||||
9 | and preserve the audio records containing the information | ||||||
10 | set forth above for a minimum period of 2 years. | ||||||
11 | (5) In the event that a customer enrolls for service | ||||||
12 | from an alternative gas supplier via an Internet website, | ||||||
13 | the alternative gas supplier shall obtain an | ||||||
14 | electronically signed letter of agency in accordance with | ||||||
15 | paragraph (1) of this subsection (c) and any customer | ||||||
16 | information shall be protected in accordance with all | ||||||
17 | applicable statutes and regulations. In addition, an | ||||||
18 | alternative gas supplier shall provide the following when | ||||||
19 | marketing via an Internet website: | ||||||
20 | (A) The Internet enrollment website shall, at a | ||||||
21 | minimum, include: | ||||||
22 | (i) a copy of the alternative gas supplier's | ||||||
23 | customer contract that clearly and conspicuously | ||||||
24 | discloses all terms and conditions; and | ||||||
25 | (ii) a conspicuous prompt for the customer to | ||||||
26 | print or save a copy of the contract. |
| |||||||
| |||||||
1 | (B) Any electronic version of the contract shall be | ||||||
2 | identified by version number, in order to ensure the | ||||||
3 | ability to verify the particular contract to which the | ||||||
4 | customer assents. | ||||||
5 | (C) Throughout the duration of the alternative gas | ||||||
6 | supplier's contract with a customer, the alternative | ||||||
7 | gas supplier shall retain and, within 3 business days | ||||||
8 | of the customer's request, provide to the customer an | ||||||
9 | e-mail, paper, or facsimile of the terms and conditions | ||||||
10 | of the numbered contract version to which the customer | ||||||
11 | assents. | ||||||
12 | (D) The alternative gas supplier shall provide a | ||||||
13 | mechanism by which both the submission and receipt of | ||||||
14 | the electronic letter of agency are recorded by time | ||||||
15 | and date. | ||||||
16 | (E) After the customer completes the electronic | ||||||
17 | letter of agency, the alternative gas supplier shall | ||||||
18 | disclose conspicuously through its website that the | ||||||
19 | customer has been enrolled, and the alternative gas | ||||||
20 | supplier shall provide the customer an enrollment | ||||||
21 | confirmation number. | ||||||
22 | (6) When a customer is solicited in person by the | ||||||
23 | alternative gas supplier's sales agent, the alternative | ||||||
24 | gas supplier may only obtain the customer's authorization | ||||||
25 | to change natural gas service through the method provided | ||||||
26 | for in paragraph (2) of this subsection (c). |
| |||||||
| |||||||
1 | Alternative gas suppliers must be in compliance with this | ||||||
2 | subsection (c) within 90 days after the effective date of this | ||||||
3 | amendatory Act of the 95th General Assembly. | ||||||
4 | Notwithstanding the requirements under this subsection | ||||||
5 | (c), each natural gas utility shall, within 90 days after the | ||||||
6 | effective date of this amendatory Act of the 101st General | ||||||
7 | Assembly, modify its tariff carrying out this Section to | ||||||
8 | reflect the following: | ||||||
9 | (i) No customer who is receiving Low-Income Home Energy | ||||||
10 | Assistance Program funds may be switched to an alternative | ||||||
11 | gas supplier except subject to government aggregation | ||||||
12 | programs or to an order entered by the Commission that | ||||||
13 | approves a Low-Income Home Energy Assistance savings | ||||||
14 | guarantee plan for alternative gas supplier offerings. | ||||||
15 | (ii) If an alternative gas supplier attempts to enroll | ||||||
16 | a Low-Income Home Energy Assistance Program customer other | ||||||
17 | than through a government aggregation program or an order | ||||||
18 | entered by the Commission that approves a Low-Income Home | ||||||
19 | Energy Assistance Program savings guarantee plan for | ||||||
20 | alternative gas supplier offerings, the natural gas | ||||||
21 | utility shall deny the supplier switch and inform the | ||||||
22 | alternative gas supplier of the reason. | ||||||
23 | (d) Complaints may be filed with the Commission under this | ||||||
24 | Section by a customer whose natural gas service has been | ||||||
25 | provided by an alternative gas supplier in a manner not in | ||||||
26 | compliance with subsection (c) of this Section. If, after |
| |||||||
| |||||||
1 | notice and hearing, the Commission finds that an alternative | ||||||
2 | gas supplier has violated subsection (c), then the Commission | ||||||
3 | may in its discretion do any one or more of the following: | ||||||
4 | (1) Require the violating alternative gas supplier to | ||||||
5 | refund the customer charges collected in excess of those | ||||||
6 | that would have been charged by the customer's authorized | ||||||
7 | natural gas provider. | ||||||
8 | (2) Require the violating alternative gas supplier to | ||||||
9 | pay to the customer's authorized natural gas provider the | ||||||
10 | amount the authorized natural gas provider would have | ||||||
11 | collected for natural gas service. The Commission is | ||||||
12 | authorized to reduce this payment by any amount already | ||||||
13 | paid by the violating alternative gas supplier to the | ||||||
14 | customer's authorized natural gas provider. | ||||||
15 | (3) Require the violating alternative gas supplier to | ||||||
16 | pay a fine of up to $1,000 into the Public Utility Fund for | ||||||
17 | each repeated and intentional violation of this Section. | ||||||
18 | (4) Issue a cease and desist order. | ||||||
19 | (5) For a pattern of violation of this Section or for | ||||||
20 | intentionally violating a cease and desist order, revoke | ||||||
21 | the violating alternative gas supplier's certificate of | ||||||
22 | service authority.
| ||||||
23 | (e) No alternative gas supplier shall:
| ||||||
24 | (1) enter into or employ any
arrangements which have | ||||||
25 | the effect of preventing any customer from having
access to
| ||||||
26 | the services of the gas utility in whose service area the |
| |||||||
| |||||||
1 | customer is located;
| ||||||
2 | (2) charge customers for such access;
| ||||||
3 | (3) bill for goods or services not authorized by the | ||||||
4 | customer; or | ||||||
5 | (4) bill for a disputed amount where the alternative | ||||||
6 | gas supplier has been provided notice of such dispute. The | ||||||
7 | supplier shall attempt to resolve a dispute with the | ||||||
8 | customer. When the dispute is not resolved to the | ||||||
9 | customer's satisfaction, the supplier shall inform the | ||||||
10 | customer of the right to file an informal complaint with | ||||||
11 | the Commission and provide contact information. While the | ||||||
12 | pending dispute is active at the Commission, an alternative | ||||||
13 | gas supplier may bill only for the undisputed amount until | ||||||
14 | the Commission has taken final action on the complaint. | ||||||
15 | (f) An alternative gas supplier that is certified to serve | ||||||
16 | residential
or small commercial customers shall not:
| ||||||
17 | (1) deny service to a customer or group of customers | ||||||
18 | nor
establish any differences as to prices, terms,
| ||||||
19 | conditions, services, products, facilities, or in any | ||||||
20 | other respect, whereby
such denial or differences are based | ||||||
21 | upon race, gender, or income;
| ||||||
22 | (2) deny service based on locality, nor establish any | ||||||
23 | unreasonable
difference as to prices, terms, conditions, | ||||||
24 | services, products, or facilities
as
between localities;
| ||||||
25 | (3) include in any agreement a provision that obligates | ||||||
26 | a customer to the terms of the agreement if the customer |
| |||||||
| |||||||
1 | (i) moves outside the State of Illinois; (ii) moves to a | ||||||
2 | location without a transportation service program; or | ||||||
3 | (iii) moves to a location where the customer will not | ||||||
4 | require natural gas service, provided that nothing in this | ||||||
5 | subsection precludes an alternative gas supplier from | ||||||
6 | taking any action otherwise available to it to collect a | ||||||
7 | debt that arises out of service provided to the customer | ||||||
8 | before the customer moved; or | ||||||
9 | (4) assign the agreement to any alternative natural gas | ||||||
10 | supplier, unless: | ||||||
11 | (A) the supplier is an alternative gas supplier | ||||||
12 | certified by the Commission; | ||||||
13 | (B) the rates, terms, and conditions of the | ||||||
14 | agreement being assigned do not change during the | ||||||
15 | remainder of the time covered by the agreement; | ||||||
16 | (C) the customer is given no less than 30 days | ||||||
17 | prior written notice of the assignment and contact | ||||||
18 | information for the new supplier; and | ||||||
19 | (D) the supplier assigning the contract provides | ||||||
20 | contact information that a customer can use to resolve | ||||||
21 | a dispute. | ||||||
22 | (g) An alternative gas supplier shall comply with the | ||||||
23 | following requirements
with respect to the marketing, | ||||||
24 | offering, and provision of products or services:
| ||||||
25 | (1) Any marketing materials which make statements | ||||||
26 | concerning prices,
terms, and conditions of service shall |
| |||||||
| |||||||
1 | contain information that
adequately discloses the prices, | ||||||
2 | terms and conditions of the products
or services.
| ||||||
3 | (2) Before any customer is switched from another | ||||||
4 | supplier, the
alternative gas supplier shall give the | ||||||
5 | customer written information
that clearly and | ||||||
6 | conspicuously discloses, in plain language, the prices, | ||||||
7 | terms, and
conditions of the products and services being | ||||||
8 | offered and sold to the
customer. Nothing in this paragraph | ||||||
9 | (2) may be read to relieve an alternative gas supplier from | ||||||
10 | the duties imposed on it by item (3) of subsection (c) of | ||||||
11 | Section 2DDD of the Consumer Fraud and Deceptive Business | ||||||
12 | Practices Act.
| ||||||
13 | (3) The alternative gas supplier shall provide to the | ||||||
14 | customer:
| ||||||
15 | (A) accurate, timely, and itemized billing | ||||||
16 | statements that describe
the products and services
| ||||||
17 | provided to the customer and their prices
and that | ||||||
18 | specify the
gas consumption amount and any service
| ||||||
19 | charges and taxes; provided that this item (g)(3)(A) | ||||||
20 | does not apply to small
commercial customers;
| ||||||
21 | (B) billing statements that clearly and | ||||||
22 | conspicuously discloses the name and contact | ||||||
23 | information for the alternative gas supplier; | ||||||
24 | (C) an additional
statement, at least annually, | ||||||
25 | that adequately discloses the average
monthly prices, | ||||||
26 | and the terms and conditions, of the products and
|
| |||||||
| |||||||
1 | services sold to the customer; provided that this item | ||||||
2 | (g)(3)(C) does not
apply to small commercial | ||||||
3 | customers;
| ||||||
4 | (D) refunds of any deposits with interest within 30 | ||||||
5 | days after the
date
that the customer changes gas | ||||||
6 | suppliers or discontinues service if the customer
has | ||||||
7 | satisfied all of his or her outstanding financial | ||||||
8 | obligations to the
alternative gas supplier at an | ||||||
9 | interest rate set by the Commission which shall
be the | ||||||
10 | same as that required of gas utilities; and
| ||||||
11 | (E) refunds, in a timely fashion, of all undisputed | ||||||
12 | overpayments upon
the oral or written request of the | ||||||
13 | customer.
| ||||||
14 | (4) An alternative gas supplier and its sales agents | ||||||
15 | shall refrain from any direct marketing or soliciting to | ||||||
16 | consumers on the gas utility's "Do Not Contact List", which | ||||||
17 | the alternative gas supplier shall obtain on the 15th | ||||||
18 | calendar day of the month from the gas utility in whose | ||||||
19 | service area the consumer is provided with gas service. If | ||||||
20 | the 15th calendar day is a non-business day, then the | ||||||
21 | alternative gas supplier shall obtain the list on the next | ||||||
22 | business day following the 15th calendar day of that month. | ||||||
23 | (5) Early Termination. | ||||||
24 | (A) Any agreement that contains an early | ||||||
25 | termination clause shall disclose the amount of the | ||||||
26 | early termination fee, provided that any early |
| |||||||
| |||||||
1 | termination fee or penalty shall not exceed $50 total, | ||||||
2 | regardless of whether or not the agreement is a | ||||||
3 | multiyear agreement. | ||||||
4 | (B) In any agreement that contains an early | ||||||
5 | termination clause, an alternative gas supplier shall | ||||||
6 | provide the customer the opportunity to terminate the | ||||||
7 | agreement without any termination fee or penalty | ||||||
8 | within 10 business days after the date of the first | ||||||
9 | bill issued to the customer for products or services | ||||||
10 | provided by the alternative gas supplier. The | ||||||
11 | agreement shall disclose the opportunity and provide a | ||||||
12 | toll-free phone number that the customer may call in | ||||||
13 | order to terminate the agreement. | ||||||
14 | (6) Within 2 business days after electronic receipt of | ||||||
15 | a customer switch from the alternative gas supplier and | ||||||
16 | confirmation of eligibility, the gas utility shall provide | ||||||
17 | the customer written notice confirming the switch. The gas | ||||||
18 | utility shall not switch the service until 10 business days | ||||||
19 | after the date on the notice to the customer. | ||||||
20 | (7) The alternative gas supplier shall provide each | ||||||
21 | customer the opportunity to rescind its agreement without | ||||||
22 | penalty within 10 business days after the date on the gas | ||||||
23 | utility notice to the customer. The alternative gas | ||||||
24 | supplier shall disclose all of the following: | ||||||
25 | (A) that the gas utility shall send a notice | ||||||
26 | confirming the switch; |
| |||||||
| |||||||
1 | (B) that from the date the utility issues the | ||||||
2 | notice confirming the switch, the customer shall have | ||||||
3 | 10 business days to rescind the switch without penalty; | ||||||
4 | (C) that the customer shall contact the gas utility | ||||||
5 | or the alternative gas supplier to rescind the switch; | ||||||
6 | and | ||||||
7 | (D) the contact information for the gas utility. | ||||||
8 | The alternative gas supplier disclosure shall be | ||||||
9 | included in its sales solicitations, contracts, and all | ||||||
10 | applicable sales verification scripts. | ||||||
11 | (h) An alternative gas supplier may limit the overall size | ||||||
12 | or availability
of
a
service offering by specifying one or more | ||||||
13 | of the following:
| ||||||
14 | (1) a maximum number
of
customers and maximum amount of | ||||||
15 | gas load to be served;
| ||||||
16 | (2) time period during which
the
offering will be | ||||||
17 | available; or
| ||||||
18 | (3) other comparable limitation, but not including
the
| ||||||
19 | geographic locations of customers within the area which the | ||||||
20 | alternative gas
supplier is
certificated to serve.
| ||||||
21 | The alternative gas supplier shall file the terms and
| ||||||
22 | conditions of
such service offering including the applicable | ||||||
23 | limitations with the Commission
prior to
making the service | ||||||
24 | offering available to customers.
| ||||||
25 | (i) Nothing in this Section shall be construed as | ||||||
26 | preventing an alternative
gas
supplier that is an affiliate of, |
| |||||||
| |||||||
1 | or which contracts with,
(i) an industry or
trade
organization | ||||||
2 | or association,
(ii) a membership organization or association | ||||||
3 | that
exists for
a purpose other than the purchase of gas, or
| ||||||
4 | (iii) another organization that
meets criteria
established in a | ||||||
5 | rule adopted by the Commission from offering through the
| ||||||
6 | organization
or association services at prices, terms and | ||||||
7 | conditions that are available
solely to the
members of the | ||||||
8 | organization or association.
| ||||||
9 | (j) The Commission shall ensure alternative gas suppliers | ||||||
10 | have proper training in place to prohibit impersonation of a | ||||||
11 | utility. The Commission shall investigate complaints of any | ||||||
12 | company or its agents impersonating a utility. A company | ||||||
13 | contracting with or that employs a sales agent found to be | ||||||
14 | impersonating a utility shall be fined $5,000 for each | ||||||
15 | incident. | ||||||
16 | As used in this subsection: | ||||||
17 | "Impersonation" means wearing apparel or carrying items | ||||||
18 | using the utility name or logo with the intent of misleading | ||||||
19 | the customer into believing the agent is acting on behalf of or | ||||||
20 | working for the utility. | ||||||
21 | "Company" includes an alternative gas supplier and any | ||||||
22 | agent, broker, consultant, or other entity hired to sell | ||||||
23 | natural gas services. | ||||||
24 | (Source: P.A. 95-1051, eff. 4-10-09.)
| ||||||
25 | (220 ILCS 5/19-135)
|
| |||||||
| |||||||
1 | Sec. 19-135. Single billing. | ||||||
2 | (a) It is the intent of the General Assembly
that in any | ||||||
3 | service
area where customers are able to choose their natural | ||||||
4 | gas supplier, a single
billing option shall be offered to | ||||||
5 | customers for both the services provided by
the alternative gas | ||||||
6 | supplier and the delivery services provided by the gas
utility. | ||||||
7 | A gas utility shall file a tariff pursuant to Article IX of | ||||||
8 | this Act
that allows alternative gas suppliers to issue single | ||||||
9 | bills to residential and
small commercial customers for both | ||||||
10 | the services provided by the alternative
gas supplier and the | ||||||
11 | delivery services provided by the gas utility to
customers; | ||||||
12 | provided that if a form of single billing is being offered in a | ||||||
13 | gas
utility's service area on the effective date of this | ||||||
14 | amendatory Act of the
92nd General Assembly, that form of | ||||||
15 | single billing shall remain in effect
unless and until | ||||||
16 | otherwise ordered by the Commission. Every alternative gas | ||||||
17 | supplier that issues a single bill for delivery and supply | ||||||
18 | shall include on the single bill issued to a residential | ||||||
19 | customer the current utility supply charge that would apply to | ||||||
20 | the customer for the billing period if the customer obtained | ||||||
21 | supply from the utility, including all fixed or monthly supply | ||||||
22 | charges and other charges, credits, or rates that are part of | ||||||
23 | the gas supply price.
| ||||||
24 | (b) Every gas utility that offers supply choice and | ||||||
25 | provides delivery and alternative gas supply service on a | ||||||
26 | single bill to its residential customers shall include on the |
| |||||||
| |||||||
1 | bill of each residential customer who purchases supply services | ||||||
2 | from an alternative gas supplier the gas utility's total supply | ||||||
3 | charge for the billing period that would apply to the customer | ||||||
4 | for the billing period if the customer obtained supply from the | ||||||
5 | utility, including all fixed or monthly supply charges and | ||||||
6 | other charges, credits, or rates that are part of the gas | ||||||
7 | supply price. | ||||||
8 | (Source: P.A. 92-852, eff. 8-26-02.)
| ||||||
9 | (220 ILCS 5/20-110) | ||||||
10 | Sec. 20-110. Office of Retail Market Development. Within 90 | ||||||
11 | days after the effective date of this amendatory Act of the | ||||||
12 | 94th General Assembly, subject to appropriation, the | ||||||
13 | Commission shall establish an Office of Retail Market | ||||||
14 | Development and employ on its staff a Director of Retail Market | ||||||
15 | Development to oversee the Office. The Director shall have | ||||||
16 | authority to employ or otherwise retain at least 2 | ||||||
17 | professionals dedicated to the task of actively seeking out | ||||||
18 | ways to promote retail competition in Illinois to benefit all | ||||||
19 | Illinois consumers. | ||||||
20 | The Office shall actively seek input from all interested | ||||||
21 | parties and shall develop a thorough understanding and critical | ||||||
22 | analyses of the tools and techniques used to promote retail | ||||||
23 | competition in other states. | ||||||
24 | The Office shall monitor existing competitive conditions | ||||||
25 | in Illinois, identify barriers to retail competition for all |
| |||||||
| |||||||
1 | customer classes, and actively explore and propose to the | ||||||
2 | Commission and to the General Assembly solutions to overcome | ||||||
3 | identified barriers. The Director may include municipal | ||||||
4 | aggregation of customers and creating and designing customer | ||||||
5 | choice programs as tools for retail market development. | ||||||
6 | Solutions proposed by the Office to promote retail competition | ||||||
7 | must also promote safe, reliable, and affordable electric | ||||||
8 | service. | ||||||
9 | On or before June 30 of each year, the Director shall | ||||||
10 | submit a report to the Commission, the General Assembly, and | ||||||
11 | the Governor, that details specific accomplishments achieved | ||||||
12 | by the Office in the prior 12 months in promoting retail | ||||||
13 | electric competition and that suggests administrative and | ||||||
14 | legislative action necessary to promote further improvements | ||||||
15 | in retail electric competition. The report to the General | ||||||
16 | Assembly shall be filed with the Clerk of the House of | ||||||
17 | Representatives and the Secretary of the Senate in electronic | ||||||
18 | form only, in the manner that the Clerk and the Secretary shall | ||||||
19 | direct. Any information in this report involving price | ||||||
20 | comparisons between electric utilities, electric utilities | ||||||
21 | providing service outside their service territories, or | ||||||
22 | alternative retail electric suppliers shall also include the | ||||||
23 | combined value of additional products and services offered by | ||||||
24 | the competitive retail electric market, including, but not | ||||||
25 | limited to, the cash value of energy control technologies | ||||||
26 | provided, the megawatt hours of energy savings realized by |
| |||||||
| |||||||
1 | customers utilizing energy control technologies, the megawatt | ||||||
2 | hours of renewable energy exclusive of State mandated | ||||||
3 | purchases, and the total amounts of cash or cash equivalent | ||||||
4 | offers. The Commission may include other energy savings and | ||||||
5 | marketing savings programs as they develop in the market. The | ||||||
6 | Commission is authorized to establish through administrative | ||||||
7 | rules standards, practices, forms, procedures, and policies | ||||||
8 | governing the reporting of alternative retail electric | ||||||
9 | suppliers of such products, services, energy savings, | ||||||
10 | renewable energy, and value of cash equivalent offers.
| ||||||
11 | (Source: P.A. 94-1095, eff. 2-2-07.)
| ||||||
12 | (220 ILCS 5/20-140 new) | ||||||
13 | Sec. 20-140. Expanded use of energy savings programs. | ||||||
14 | (a) The Commission may establish a program for promoting | ||||||
15 | expanded use of energy savings programs for residential and | ||||||
16 | small commercial customers. The program shall include the use | ||||||
17 | of thermostats, lights, plugs, and other devices that allow a | ||||||
18 | customer to control and reduce his or her energy usage. The | ||||||
19 | program shall not discriminate based on brand names and shall | ||||||
20 | include ways to promote those devices and incentives for | ||||||
21 | residential customers, including both homeowners and renters. | ||||||
22 | Nothing in this Section is intended to modify the rights or | ||||||
23 | obligations set forth in Sections 8-103B and 8-104 of this Act | ||||||
24 | or divert or reallocate the funding available under those | ||||||
25 | Sections. |
| |||||||
| |||||||
1 | (b) On or before September 1, 2019 and every 2 years | ||||||
2 | thereafter, the Commission shall initiate a collaborative | ||||||
3 | workshop for stakeholders, retail electric suppliers, | ||||||
4 | advocates for energy savings, and industry representatives | ||||||
5 | developing energy savings devices and applicants. | ||||||
6 | (c) Any recommendations arising from the workshop process | ||||||
7 | under this Section shall be included in the annual report of | ||||||
8 | the Office of Retail Market Development.
| ||||||
9 | Section 10. The Citizens Utility Board Act is amended by | ||||||
10 | changing Section 5 as follows:
| ||||||
11 | (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
| ||||||
12 | Sec. 5. Powers and duties.
| ||||||
13 | (1) The corporation shall:
| ||||||
14 | (a) Represent and protect the interests of the | ||||||
15 | residential utility
consumers of this State. All actions by | ||||||
16 | the corporation under this Act
shall be directed toward | ||||||
17 | such duty; provided that the corporation may
also give due | ||||||
18 | consideration to the interests of business in the State.
| ||||||
19 | (b) Inform, in so far as possible, all utility | ||||||
20 | consumers about the
corporation,
including the procedure | ||||||
21 | for obtaining membership in the corporation.
| ||||||
22 | (2) The corporation shall have all the powers necessary or | ||||||
23 | convenient
for the effective representation and protection of | ||||||
24 | the interest of utility
consumers and to implement this Act, |
| |||||||
| |||||||
1 | including the following powers in addition
to all other powers | ||||||
2 | granted by this Act.
| ||||||
3 | (a) To make, amend and repeal bylaws and rules for the | ||||||
4 | regulation of its
affairs and the conduct of its business; | ||||||
5 | to adopt an official seal and alter
it at pleasure; to | ||||||
6 | maintain an office; to sue and be sued in its
own name, | ||||||
7 | plead and be impleaded; and to make and execute contracts | ||||||
8 | and
other instruments necessary or convenient to the | ||||||
9 | exercise of the powers
of the corporation.
| ||||||
10 | (b) To employ such agents, employees and special | ||||||
11 | advisors as it finds
necessary and to fix their | ||||||
12 | compensation.
| ||||||
13 | (c) To solicit and accept gifts, loans, including loans | ||||||
14 | made by the
Illinois Commerce Commission from funds | ||||||
15 | appropriated for that purpose by
law, or other aid in order | ||||||
16 | to support
activities concerning the interests of utility | ||||||
17 | consumers. Except
as provided in Section 5.1, the | ||||||
18 | corporation may not accept gifts,
loans or other aid from | ||||||
19 | any
public utility or from any director, employee or agent | ||||||
20 | or member of the
immediate family of a director, employee | ||||||
21 | or agent of any public utility
and, after the first | ||||||
22 | election the corporation, may not
accept
from any | ||||||
23 | individual, private corporation, association or | ||||||
24 | partnership in any
single year a total of more than $1,000 | ||||||
25 | in gifts. Under this paragraph,
"aid" does not mean payment | ||||||
26 | of membership dues.
|
| |||||||
| |||||||
1 | (d) To intervene as a party or otherwise participate on | ||||||
2 | behalf of utility
consumers in any proceeding which affects | ||||||
3 | the interest of utility consumers.
| ||||||
4 | (e) To represent the interests of utility consumers | ||||||
5 | before the Illinois
Commerce Commission, the Federal | ||||||
6 | Energy Regulatory Commission, the Federal
Communications | ||||||
7 | Commission, the courts, and other public bodies, except | ||||||
8 | that
no director, employee or agent of the corporation may | ||||||
9 | engage in lobbying
without first
complying with any | ||||||
10 | applicable statute, administrative rule or other | ||||||
11 | 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 | ||||||
14 | to effectively perform its powers
and duties, and is | ||||||
15 | affordable 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 or | ||||||
26 | imposed upon
the corporation by this Act may not be |
| |||||||
| |||||||
1 | transferred.
| ||||||
2 | (4) The corporation shall refrain from interfering with | ||||||
3 | collective
bargaining rights of any employees of a public | ||||||
4 | utility.
| ||||||
5 | (5) The corporation shall provide all consumer complaints | ||||||
6 | regarding service by entities possessing a certificate of | ||||||
7 | service authority as an alternative retail electric supplier | ||||||
8 | under Section 16-115 of the Public Utilities Act and entities | ||||||
9 | possessing certificates of service authority as an alternative | ||||||
10 | gas supplier under Section 19-110 of the Public Utilities Act | ||||||
11 | to the Consumer Services Division of the Illinois Commerce | ||||||
12 | Commission. | ||||||
13 | For purposes of this subsection (5), "complaint" means an | ||||||
14 | objection made to an alternative retail electric supplier or to | ||||||
15 | an alternative gas supplier by a customer or another entity as | ||||||
16 | to its charges, facilities, or service, the disposal of which | ||||||
17 | requires investigation or analysis. "Complaint" includes a | ||||||
18 | customer or other entity identifying and asking an alternative | ||||||
19 | retail electric supplier or alternative gas supplier to address | ||||||
20 | or resolve a problem or concern. "Complaint" does not include | ||||||
21 | contact that is limited to inquiry or seeking information. | ||||||
22 | (Source: P.A. 91-50, eff. 6-30-99.)
| ||||||
23 | Section 15. The Consumer Fraud and Deceptive Business | ||||||
24 | Practices Act is amended by changing Section 2EE as follows:
|
| |||||||
| |||||||
1 | (815 ILCS 505/2EE)
| ||||||
2 | Sec. 2EE. Electric service provider selection. An electric | ||||||
3 | service provider shall not submit or execute
a change in a | ||||||
4 | subscriber's selection of a provider of electric
service unless | ||||||
5 | and until (i) the provider first discloses all material terms | ||||||
6 | and conditions of the offer to the subscriber; (ii) the | ||||||
7 | provider has obtained the subscriber's express agreement to | ||||||
8 | accept the offer after the disclosure of all material terms and | ||||||
9 | conditions of the offer; and (iii) the provider has confirmed | ||||||
10 | the request for a change in accordance with one of the | ||||||
11 | following procedures:
| ||||||
12 | (a) The new electric service provider has obtained the
| ||||||
13 | subscriber's
written or electronically signed
authorization in | ||||||
14 | a form that meets the
following requirements:
| ||||||
15 | (1) An electric service provider shall obtain any
| ||||||
16 | necessary written or electronically signed authorization | ||||||
17 | from a subscriber for a
change in electric service by using | ||||||
18 | a letter of agency as
specified in this
Section. Any letter | ||||||
19 | of agency that does
not conform with this
Section is | ||||||
20 | invalid.
| ||||||
21 | (2) The letter of agency shall be a separate
document | ||||||
22 | (an easily separable document containing only
the | ||||||
23 | authorization language described in subparagraph (a)(5)
of | ||||||
24 | this
Section) whose sole purpose is to authorize an
| ||||||
25 | electric service provider change. The letter of agency
must | ||||||
26 | be signed and dated by the subscriber requesting the
|
| |||||||
| |||||||
1 | electric service provider change.
| ||||||
2 | (3) The letter of agency shall not be combined with
| ||||||
3 | inducements of any kind on the same document.
| ||||||
4 | (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
| ||||||
5 | this
Section, the letter of agency may be combined with
| ||||||
6 | checks that contain only the required letter of agency
| ||||||
7 | language prescribed in subparagraph (a)(5)
of this Section | ||||||
8 | and
the necessary information to make the check a | ||||||
9 | negotiable
instrument. The letter of agency check shall not | ||||||
10 | contain
any promotional language or material. The letter of
| ||||||
11 | agency check shall contain in easily readable, bold-face
| ||||||
12 | type on the face of the check, a notice that the consumer
| ||||||
13 | is authorizing an electric service provider change by
| ||||||
14 | signing the check. The letter of agency language also
shall | ||||||
15 | be placed near the signature line on the back of
the check.
| ||||||
16 | (5) At a minimum, the letter of agency must be
printed | ||||||
17 | with a print of sufficient size to be clearly
legible, and | ||||||
18 | must contain clear and unambiguous language
that confirms:
| ||||||
19 | (i) The subscriber's billing name and address;
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20 | (ii) The decision to change the electric service
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21 | provider from the current provider to the
prospective | ||||||
22 | provider;
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23 | (iii) The terms, conditions, and nature of the
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24 | service to be provided to the subscriber must be
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25 | clearly and conspicuously disclosed, in writing, and
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26 | an electric service provider must directly establish
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1 | the rates for the service contracted for by the
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2 | subscriber; and
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3 | (iv) That the subscriber understand that any
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4 | electric service provider selection the subscriber
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5 | chooses may involve a charge to the subscriber for
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6 | changing the subscriber's electric service provider.
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7 | (6) Letters of agency shall not suggest or require
that | ||||||
8 | a subscriber take some action in order to retain the
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9 | subscriber's current electric service provider.
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10 | (7) If any portion of a letter of agency is
translated | ||||||
11 | into another language, then all portions of
the letter of | ||||||
12 | agency must be translated into that
language.
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13 | (b) An appropriately qualified independent third party has | ||||||
14 | obtained, in accordance with the procedures set forth in this | ||||||
15 | subsection (b), the subscriber's oral authorization to change | ||||||
16 | electric suppliers that confirms and includes appropriate | ||||||
17 | verification data. The independent third party (i) must not be | ||||||
18 | owned, managed, controlled, or directed by the supplier or the | ||||||
19 | supplier's marketing agent; (ii) must not have any financial | ||||||
20 | incentive to confirm supplier change requests for the supplier | ||||||
21 | or the supplier's marketing agent; and (iii) must operate in a | ||||||
22 | location physically separate from the supplier or the | ||||||
23 | supplier's marketing agent.
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24 | Automated third-party verification systems and 3-way | ||||||
25 | conference calls may be used for verification purposes so long | ||||||
26 | as the other requirements of this subsection (b) are satisfied. |
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1 | A supplier or supplier's sales representative initiating a | ||||||
2 | 3-way conference call or a call through an automated | ||||||
3 | verification system must drop off the call once the 3-way | ||||||
4 | connection has been established. | ||||||
5 | All third-party verification methods shall elicit, at a | ||||||
6 | minimum, the following information: (i) the identity of the | ||||||
7 | subscriber; (ii) confirmation that the person on the call is | ||||||
8 | authorized to make the supplier change; (iii) confirmation that | ||||||
9 | the person on the call wants to make the supplier change; (iv) | ||||||
10 | the names of the suppliers affected by the change; (v) the | ||||||
11 | service address of the supply to be switched; and (vi) the | ||||||
12 | price of the service to be supplied and the material terms and | ||||||
13 | conditions of the service being offered, including whether any | ||||||
14 | early termination fees apply. Third-party verifiers may not | ||||||
15 | market the supplier's services by providing additional | ||||||
16 | information, including information regarding procedures to | ||||||
17 | block or otherwise freeze an account against further changes. | ||||||
18 | All third-party verifications shall be conducted in the | ||||||
19 | same language that was used in the underlying sales transaction | ||||||
20 | and shall be recorded in their entirety. Submitting suppliers | ||||||
21 | shall maintain and preserve audio records or electronic | ||||||
22 | versions, if automated, of verification of subscriber | ||||||
23 | authorization for a minimum period of 2 years after obtaining | ||||||
24 | the verification. Automated systems must provide consumers | ||||||
25 | with an option to speak with a live person at any time during | ||||||
26 | the call.
|
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1 | (c) When a subscriber initiates the call to the prospective | ||||||
2 | electric supplier, in order to enroll the subscriber as a | ||||||
3 | customer, the prospective electric supplier must, with the | ||||||
4 | consent of the customer, make a date-stamped, time-stamped | ||||||
5 | audio recording that elicits, at a minimum, the following | ||||||
6 | information: | ||||||
7 | (1) the identity of the subscriber; | ||||||
8 | (2) confirmation that the person on the call is | ||||||
9 | authorized to make the supplier change; | ||||||
10 | (3) confirmation that the person on the call wants to | ||||||
11 | make the supplier change; | ||||||
12 | (4) the names of the suppliers affected by the change; | ||||||
13 | (5) the service address of the supply to be switched; | ||||||
14 | and | ||||||
15 | (6) the price of the service to be supplied and the | ||||||
16 | material terms and conditions of the service being offered, | ||||||
17 | including whether any early termination fees apply.
| ||||||
18 | Submitting suppliers shall maintain and preserve the audio | ||||||
19 | records containing the information set forth above for a | ||||||
20 | minimum period of 2 years.
| ||||||
21 | (d) Complaints may be filed with the Illinois Commerce | ||||||
22 | Commission under this Section by a subscriber whose electric | ||||||
23 | service has been provided by an electric service supplier in a | ||||||
24 | manner not in compliance with this Section. If, after notice | ||||||
25 | and hearing, the Commission finds that an electric service | ||||||
26 | provider has violated this Section, the Commission may in its |
| |||||||
| |||||||
1 | discretion do any one or more of the following: | ||||||
2 | (1) Require the violating electric service provider to | ||||||
3 | refund to the subscriber charges collected in excess of | ||||||
4 | those that would have been charged by the subscriber's | ||||||
5 | authorized electric service provider. | ||||||
6 | (2) Require the violating electric service provider to | ||||||
7 | pay to the subscriber's authorized electric supplier the | ||||||
8 | amount the authorized electric supplier would have | ||||||
9 | collected for the electric service. The Commission is | ||||||
10 | authorized to reduce this payment by any amount already | ||||||
11 | paid by the violating electric supplier to the subscriber's | ||||||
12 | authorized provider for electric service. | ||||||
13 | (3) Require the violating electric subscriber to pay a | ||||||
14 | fine of up to $1,000 into the Public Utility Fund for each | ||||||
15 | repeated and intentional violation of this Section. | ||||||
16 | (4) Issue a cease and desist order. | ||||||
17 | (5) For a pattern of violation of this Section or for | ||||||
18 | intentionally violating a cease and desist order, revoke | ||||||
19 | the violating provider's certificate of service authority.
| ||||||
20 | (e) For purposes of this
Section, "electric service | ||||||
21 | provider"
shall have the meaning given that phrase in
Section | ||||||
22 | 6.5 of the
Attorney General Act.
| ||||||
23 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
|