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| Public Act 102-0459
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| HB3116 Enrolled | LRB102 04391 SPS 14409 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing |
Sections 16-115A, 19-115, and 19-130 as follows:
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(220 ILCS 5/16-115A)
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Sec. 16-115A. Obligations of alternative retail electric
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suppliers. |
(a) An alternative retail electric supplier:
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(i) shall comply with the requirements imposed on |
public
utilities by Sections 8-201 through 8-207, 8-301, |
8-505
and 8-507 of this Act, to the extent that these |
Sections
have application to the services being offered by |
the
alternative retail electric supplier;
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(ii) shall continue to comply with the requirements |
for
certification stated in subsection (d) of Section |
16-115; |
(iii) by May 31, 2020 and every June 30 May 31 |
thereafter, shall submit to the Commission and the Office |
of the Attorney General the rates the retail electric |
supplier charged to residential customers in the prior |
year, including each distinct rate charged and whether the |
rate was a fixed or variable rate, the basis for the |
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variable rate, and any fees charged in addition to the |
supply rate, including monthly fees, flat fees, or other |
service charges; and |
(iv) shall make publicly available on its website, |
without the need for a customer login, rate information |
for all of its variable, time-of-use, and fixed rate |
contracts currently available to residential customers, |
including, but not limited to, fixed monthly charges, |
early termination fees, and kilowatt-hour charges.
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(b) An alternative retail electric supplier shall obtain |
verifiable
authorization from a customer, in a form or manner |
approved by the Commission
consistent with Section 2EE of the |
Consumer Fraud and Deceptive Business
Practices Act, before |
the customer is switched from another supplier.
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(c) No alternative retail electric supplier, or electric
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utility other than the electric utility in whose service area
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a customer is located, shall (i) enter into or employ any
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arrangements which have the effect of preventing a retail
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customer with a maximum electrical demand of less than one
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megawatt from having access to the services of the electric
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utility in whose service area the customer is located or (ii)
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charge retail customers for such access. This subsection shall |
not be
construed to prevent an arms-length agreement between a
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supplier and a retail customer that sets a term of service, |
notice
period for terminating service and provisions governing |
early
termination through a tariff or contract as allowed by |
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Section 16-119.
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(d) An alternative retail electric supplier that is
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certified to serve residential or small commercial retail
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customers shall not:
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(1) deny service to a customer or group of customers
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nor establish any differences as to prices, terms,
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conditions, services, products, facilities, or in any
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other respect, whereby such denial or differences are |
based upon
race, gender or income, except as provided in |
Section 16-115E.
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(2) deny service to a customer or group of customers |
based on locality
nor establish any unreasonable |
difference as to prices,
terms, conditions, services, |
products, or facilities as
between localities.
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(e) An alternative retail electric supplier shall comply
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with the following requirements with respect to the marketing,
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offering and provision of products or services to residential
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and small commercial retail customers:
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(i) All marketing materials, including, but not |
limited to, electronic marketing materials, in-person |
solicitations, and telephone solicitations, shall contain |
information that adequately
discloses the prices, terms, |
and conditions of the
products or services that the |
alternative retail
electric supplier is offering or |
selling to the
customer and shall disclose the current |
utility electric supply price to compare applicable at the |
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time the alternative retail electric supplier is offering |
or selling the products or services to the customer and |
shall disclose the date on which the utility electric |
supply price to compare became effective and the date on |
which it will expire. The utility electric supply price to |
compare shall be the sum of the electric supply charge and |
the transmission services charge and shall not include the |
purchased electricity adjustment. The disclosure shall |
include a statement that the price to compare does not |
include the purchased electricity adjustment, and, if |
applicable, the range of the purchased electricity |
adjustment. All marketing materials, including, but not |
limited to, electronic marketing materials, in-person |
solicitations, and telephone solicitations, shall include |
the following statement:
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"(Name of the alternative retail electric |
supplier) is not the same entity as your electric |
delivery company. You are not required to enroll with |
(name of alternative retail electric supplier). |
Beginning on (effective date), the electric supply |
price to compare is (price in cents per kilowatt |
hour). The electric utility electric supply price will |
expire on (expiration date). The utility electric |
supply price to compare does not include the purchased |
electricity adjustment factor. For more information go |
to the Illinois Commerce Commission's free website at |
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www.pluginillinois.org.". |
If applicable, the statement shall also include the |
following statement: |
"The purchased electricity adjustment factor may |
range between +.5 cents and -.5 cents per kilowatt |
hour.". |
This paragraph (i) does not apply to goodwill or |
institutional advertising.
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(ii) Before any customer is switched from
another |
supplier, the alternative retail electric
supplier shall |
give the customer written information
that adequately |
discloses, in plain language, the
prices, terms and |
conditions of the products and
services being offered and |
sold to the customer. This written information shall be |
provided in a language in which the customer subject to |
the marketing or solicitation is able to understand and |
communicate, and the alternative retail electric supplier |
shall not switch a customer who is unable to understand |
and communicate in a language in which the marketing or |
solicitation was conducted. The alternative retail |
electric supplier shall comply with Section 2N of the |
Consumer Fraud and Deceptive Business Practices Act.
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(iii) An alternative retail electric supplier
shall |
provide documentation to the Commission and to
customers |
that substantiates any claims made by the
alternative |
retail electric supplier regarding the
technologies and |
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fuel types used to generate the
electricity offered or |
sold to customers.
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(iv) The alternative retail electric supplier
shall |
provide to the customer (1) itemized billing
statements |
that describe the products and services
provided to the |
customer and their prices, and (2)
an additional |
statement, at least annually, that
adequately discloses |
the average monthly prices, and
the terms and conditions, |
of the products and
services sold to the customer. |
(v) All in-person and telephone solicitations shall be |
conducted in, translated into, and provided in a language |
in which the consumer subject to the marketing or |
solicitation is able to understand and communicate. An |
alternative retail electric supplier shall terminate a |
solicitation if the consumer subject to the marketing or |
communication is unable to understand and communicate in |
the language in which the marketing or solicitation is |
being conducted. An alternative retail electric supplier |
shall comply with Section 2N of the Consumer Fraud and |
Deceptive Business Practices Act. |
(vi) Each alternative retail electric supplier shall |
conduct training for individual representatives engaged in |
in-person solicitation and telemarketing to residential |
customers on behalf of that alternative retail electric |
supplier prior to conducting any such solicitations on the |
alternative retail electric supplier's behalf. Each |
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alternative retail electric supplier shall submit a copy |
of its training material to the Commission on an annual |
basis and the Commission shall have the right to review |
and require updates to the material. After initial |
training, each alternative retail electric supplier shall |
be required to conduct refresher training for its |
individual representatives every 6 months.
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(f) An alternative retail electric supplier may limit
the |
overall size or availability of a service offering by
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specifying one or more of the following: a maximum number of
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customers, maximum amount of electric load to be served, time
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period during which the offering will be available, or other
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comparable limitation, but not including the geographic
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locations of customers within the area which the alternative
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retail electric supplier is certificated to serve. The
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alternative retail electric supplier shall file the terms and
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conditions of such service offering including the applicable
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limitations with the Commission prior to making the service
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offering available to customers.
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(g) Nothing in this Section shall be construed as
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preventing an alternative retail electric supplier,
which is |
an affiliate of, or which contracts with, (i) an
industry or |
trade organization or association, (ii) a
membership |
organization or association that exists for a
purpose other |
than the purchase of electricity, or (iii)
another |
organization that meets criteria established in a rule
adopted |
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by the Commission, from offering through the
organization or |
association services at prices, terms and
conditions that are |
available solely to the members of the
organization or |
association.
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(Source: P.A. 101-590, eff. 1-1-20.)
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(220 ILCS 5/19-115)
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Sec. 19-115. Obligations of alternative gas suppliers.
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(a) The provisions of this Section shall apply only to |
alternative gas
suppliers
serving or seeking to serve |
residential or small commercial customers and
only to the |
extent such
alternative gas suppliers provide services to |
residential or small
commercial customers.
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(b) An alternative gas supplier:
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(1) shall comply with the requirements imposed on |
public utilities by Sections
8-201 through 8-207, 8-301, |
8-505 and 8-507 of this Act, to the
extent that these |
Sections have application to the services being
offered by |
the alternative gas supplier;
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(2) shall continue to comply with the requirements for |
certification stated
in
Section 19-110;
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(3) shall comply with complaint procedures established |
by the Commission; |
(4) except as provided in subsection (h) of this |
Section, shall file with the Chief Clerk of the |
Commission, within 20 business days after the effective |
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date of this amendatory Act of the 95th General Assembly, |
a copy of bill formats, standard customer contract and |
customer complaint and resolution procedures, and the name |
and telephone number of the company representative whom |
Commission employees may contact to resolve customer |
complaints and other matters. In the case of a gas |
supplier that engages in door-to-door solicitation, the |
company shall file with the Commission the consumer |
information disclosure required by item (3) of subsection |
(c) of Section 2DDD of the Consumer Fraud and Deceptive |
Business Practices Act and shall file updated information |
within 10 business days after changes in any of the |
documents or information required to be filed by this item |
(4); |
(5) shall maintain a customer call center where |
customers can reach a representative and receive current |
information. At least once every 6 months, each |
alternative gas supplier shall provide written information |
to customers explaining how to contact the call center. |
The average answer time for calls placed to the call |
center shall not exceed 60 seconds where a representative |
or automated system is ready to render assistance and/or |
accept information to process calls. The abandon rate for |
calls placed to the call center shall not exceed 10%. Each |
alternative gas supplier shall maintain records of the |
call center's telephone answer time performance and |
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abandon call rate. These records shall be kept for a |
minimum of 2 years and shall be made available to |
Commission personnel upon request. In the event that |
answer times and/or abandon rates exceed the limits |
established above, the reporting alternative gas supplier |
may provide the Commission or its personnel with |
explanatory details. At a minimum, these records shall |
contain the following information in monthly increments: |
(A) total number of calls received; |
(B) number of calls answered; |
(C) average answer time; |
(D) number of abandoned calls; and |
(E) abandon call rate. |
Alternative gas suppliers that do not have electronic |
answering capability that meets these requirements shall |
notify the Manager of the Commission's Consumer Services |
Division or its successor within 30 days following the |
effective date of this amendatory Act of the 95th General |
Assembly and work with Staff to develop individualized |
reporting requirements as to the call volume and |
responsiveness of the call center. |
On or before March 1 of every year, each entity shall |
file a report with the Chief Clerk of the Commission for |
the preceding calendar year on its answer time and abandon |
call rate for its call center. A copy of the report shall |
be sent to the Manager of the Consumer Services Division |
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or its successor; |
(6) by January 1, 2020 and every September 30 January |
1 thereafter, shall submit to the Commission and the |
Office of the Attorney General the rates the alternative |
gas supplier charged to residential customers in the prior |
year, including each distinct rate charged and whether the |
rate was a fixed or variable rate, the basis for the |
variable rate, and any fees charged in addition to the |
supply rate, including monthly fees, flat fees, or other |
service charges; and |
(7) shall make publicly available on its website, |
without the need for a customer login, rate information |
for all of its variable, time-of-use, and fixed rate |
contracts currently available to residential customers, |
including but not limited to, fixed monthly charges, early |
termination fees, and per therm charges. |
(c) An alternative gas supplier shall not submit or |
execute a change in a customer's selection of a natural gas |
provider unless and until (i) the alternative gas supplier |
first discloses all material terms and conditions of the |
offer, including price, to the customer; (ii) the alternative |
gas supplier has obtained the customer's express agreement to |
accept the offer after the disclosure of all material terms |
and conditions of the offer; and (iii) the alternative gas |
supplier has confirmed the request for a change in accordance |
with one of the following procedures: |
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(1) The alternative gas supplier has obtained the |
customer's written or electronically signed authorization |
in a form that meets the following requirements: |
(A) An alternative gas supplier shall obtain any |
necessary written or electronically signed |
authorization from a customer for a change in natural |
gas service by using a letter of agency as specified in |
this Section. Any letter of agency that does not |
conform with this Section is invalid. |
(B) The letter of agency shall be a separate |
document (or an easily separable document containing |
only the authorization language described in item (E) |
of this paragraph (1)) whose sole purpose is to |
authorize a natural gas provider change. The letter of |
agency must be signed and dated by the customer |
requesting the natural gas provider change. |
(C) The letter of agency shall not be combined |
with inducements of any kind on the same document. |
(D) Notwithstanding items (A) and (B) of this |
paragraph (1), the letter of agency may be combined |
with checks that contain only the required letter of |
agency language prescribed in item (E) of this |
paragraph (1) and the necessary information to make |
the check a negotiable instrument. The letter of |
agency check shall not contain any promotional |
language or material. The letter of agency check shall |
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contain in easily readable, bold face type on the face |
of the check a notice that the consumer is authorizing |
a natural gas provider change by signing the check. |
The letter of agency language also shall be placed |
near the signature line on the back of the check. |
(E) At a minimum, the letter of agency must be |
printed with a print of sufficient size to be clearly |
legible and must contain clear and unambiguous |
language that confirms: |
(i) the customer's billing name and address; |
(ii) the decision to change the natural gas |
provider from the current provider to the |
prospective alternative gas supplier; |
(iii) the terms, conditions, and nature of the |
service to be provided to the customer, including, |
but not limited to, the rates for the service |
contracted for by the customer; and |
(iv) that the customer understands that any |
natural gas provider selection the customer |
chooses may involve a charge to the customer for |
changing the customer's natural gas provider. |
(F) Letters of agency shall not suggest or require |
that a customer take some action in order to retain the |
customer's current natural gas provider. |
(G) If any portion of a letter of agency is |
translated into another language, then all portions of |
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the letter of agency must be translated into that |
language. |
(2) An appropriately qualified independent third party |
has obtained, in accordance with the procedures set forth |
in this paragraph (2), the customer's oral authorization |
to change natural gas providers that confirms and includes |
appropriate verification data. The independent third party |
must (i) not be owned, managed, controlled, or directed by |
the alternative gas supplier or the alternative gas |
supplier's marketing agent; (ii) not have any financial |
incentive to confirm provider change requests for the |
alternative gas supplier or the alternative gas supplier's |
marketing agent; and (iii) operate in a location |
physically separate from the alternative gas supplier or |
the alternative gas supplier's marketing agent. Automated |
third-party verification systems and 3-way conference |
calls may be used for verification purposes so long as the |
other requirements of this paragraph (2) are satisfied. An |
alternative gas supplier or alternative gas supplier's |
sales representative initiating a 3-way conference call or |
a call through an automated verification system must drop |
off the call once the 3-way connection has been |
established. All third-party verification methods shall |
elicit, at a minimum, the following information: |
(A) the identity of the customer; |
(B) confirmation that the person on the call is |
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authorized to make the provider change; |
(C) confirmation that the person on the call wants |
to make the provider change; |
(D) the names of the providers affected by the |
change; |
(E) the service address of the service to be |
switched; and |
(F) the price of the service to be provided and the |
material terms and conditions of the service being |
offered, including whether any early termination fees |
apply. |
Third-party verifiers may not market the alternative |
gas supplier's services by providing additional |
information. All third-party verifications shall be |
conducted in the same language that was used in the |
underlying sales transaction and shall be recorded in |
their entirety. Submitting alternative gas suppliers shall |
maintain and preserve audio records of verification of |
customer authorization for a minimum period of 2 years |
after obtaining the verification. Automated systems must |
provide customers with an option to speak with a live |
person at any time during the call. |
(3) The alternative gas supplier has obtained the |
customer's authorization via an automated verification |
system to change natural gas service via telephone. An |
automated verification system is an electronic system |
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that, through pre-recorded prompts, elicits voice |
responses, touchtone responses, or both, from the customer |
and records both the prompts and the customer's responses. |
Such authorization must elicit the information in |
paragraph (2)(A) through (F) of this subsection (c). |
Alternative gas suppliers electing to confirm sales |
electronically through an automated verification system |
shall establish one or more toll-free telephone numbers |
exclusively for that purpose. Calls to the number or |
numbers shall connect a customer to a voice response unit, |
or similar mechanism, that makes a date-stamped, |
time-stamped recording of the required information |
regarding the alternative gas supplier change. |
The alternative gas supplier shall not use such |
electronic authorization systems to market its services. |
(4) When a consumer initiates the call to the |
prospective alternative gas supplier, in order to enroll |
the consumer as a customer, the prospective alternative |
gas supplier must, with the consent of the customer, make |
a date-stamped, time-stamped audio recording that elicits, |
at a minimum, the following information: |
(A) the identity of the customer; |
(B) confirmation that the person on the call is |
authorized to make the provider change; |
(C) confirmation that the person on the call wants |
to make the provider change; |
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(D) the names of the providers affected by the |
change; |
(E) the service address of the service to be |
switched; and |
(F) the price of the service to be supplied and the |
material terms and conditions of the service being |
offered, including whether any early termination fees |
apply. |
Submitting alternative gas suppliers shall maintain |
and preserve the audio records containing the information |
set forth above for a minimum period of 2 years. |
(5) In the event that a customer enrolls for service |
from an alternative gas supplier via an Internet website, |
the alternative gas supplier shall obtain an |
electronically signed letter of agency in accordance with |
paragraph (1) of this subsection (c) and any customer |
information shall be protected in accordance with all |
applicable statutes and regulations. In addition, an |
alternative gas supplier shall provide the following when |
marketing via an Internet website: |
(A) The Internet enrollment website shall, at a |
minimum, include: |
(i) a copy of the alternative gas supplier's |
customer contract that clearly and conspicuously |
discloses all terms and conditions; and |
(ii) a conspicuous prompt for the customer to |
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print or save a copy of the contract. |
(B) Any electronic version of the contract shall |
be identified by version number, in order to ensure |
the ability to verify the particular contract to which |
the customer assents. |
(C) Throughout the duration of the alternative gas |
supplier's contract with a customer, the alternative |
gas supplier shall retain and, within 3 business days |
of the customer's request, provide to the customer an |
e-mail, paper, or facsimile of the terms and |
conditions of the numbered contract version to which |
the customer assents. |
(D) The alternative gas supplier shall provide a |
mechanism by which both the submission and receipt of |
the electronic letter of agency are recorded by time |
and date. |
(E) After the customer completes the electronic |
letter of agency, the alternative gas supplier shall |
disclose conspicuously through its website that the |
customer has been enrolled, and the alternative gas |
supplier shall provide the customer an enrollment |
confirmation number. |
(6) When a customer is solicited in person by the |
alternative gas supplier's sales agent, the alternative |
gas supplier may only obtain the customer's authorization |
to change natural gas service through the method provided |
|
for in paragraph (2) of this subsection (c). |
Alternative gas suppliers must be in compliance with this |
subsection (c) within 90 days after the effective date of this |
amendatory Act of the 95th General Assembly. |
(d) Complaints may be filed with the Commission under this |
Section by a customer whose natural gas service has been |
provided by an alternative gas supplier in a manner not in |
compliance with subsection (c) of this Section. If, after |
notice and hearing, the Commission finds that an alternative |
gas supplier has violated subsection (c), then the Commission |
may in its discretion do any one or more of the following: |
(1) Require the violating alternative gas supplier to |
refund the customer charges collected in excess of those |
that would have been charged by the customer's authorized |
natural gas provider. |
(2) Require the violating alternative gas supplier to |
pay to the customer's authorized natural gas provider the |
amount the authorized natural gas provider would have |
collected for natural gas service. The Commission is |
authorized to reduce this payment by any amount already |
paid by the violating alternative gas supplier to the |
customer's authorized natural gas provider. |
(3) Require the violating alternative gas supplier to |
pay a fine of up to $1,000 into the Public Utility Fund for |
each repeated and intentional violation of this Section. |
(4) Issue a cease and desist order. |
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(5) For a pattern of violation of this Section or for |
intentionally violating a cease and desist order, revoke |
the violating alternative gas supplier's certificate of |
service authority.
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(e) No alternative gas supplier shall:
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(1) enter into or employ any
arrangements which have |
the effect of preventing any customer from having
access |
to
the services of the gas utility in whose service area |
the customer is located;
|
(2) charge customers for such access;
|
(3) bill for goods or services not authorized by the |
customer; or |
(4) bill for a disputed amount where the alternative |
gas supplier has been provided notice of such dispute. The |
supplier shall attempt to resolve a dispute with the |
customer. When the dispute is not resolved to the |
customer's satisfaction, the supplier shall inform the |
customer of the right to file an informal complaint with |
the Commission and provide contact information. While the |
pending dispute is active at the Commission, an |
alternative gas supplier may bill only for the undisputed |
amount until the Commission has taken final action on the |
complaint. |
(f) An alternative gas supplier that is certified to serve |
residential
or small commercial customers shall not:
|
(1) deny service to a customer or group of customers |
|
nor
establish any differences as to prices, terms,
|
conditions, services, products, facilities, or in any |
other respect, whereby
such denial or differences are |
based upon race, gender, or income, except as provided in |
Section 19-116;
|
(2) deny service based on locality, nor establish any |
unreasonable
difference as to prices, terms, conditions, |
services, products, or facilities
as
between localities;
|
(3) include in any agreement a provision that |
obligates a customer to the terms of the agreement if the |
customer (i) moves outside the State of Illinois; (ii) |
moves to a location without a transportation service |
program; or (iii) moves to a location where the customer |
will not require natural gas service, provided that |
nothing in this subsection precludes an alternative gas |
supplier from taking any action otherwise available to it |
to collect a debt that arises out of service provided to |
the customer before the customer moved; or |
(4) assign the agreement to any alternative natural |
gas supplier, unless: |
(A) the supplier is an alternative gas supplier |
certified by the Commission; |
(B) the rates, terms, and conditions of the |
agreement being assigned do not change during the |
remainder of the time covered by the agreement; |
(C) the customer is given no less than 30 days |
|
prior written notice of the assignment and contact |
information for the new supplier; and |
(D) the supplier assigning the contract provides |
contact information that a customer can use to resolve |
a dispute. |
(g) An alternative gas supplier shall comply with the |
following requirements
with respect to the marketing, |
offering, and provision of products or services:
|
(1) All marketing materials, including, but not |
limited to, electronic marketing materials, in-person |
solicitations, and telephone solicitations, concerning |
prices,
terms, and conditions of service shall contain |
information that
adequately discloses the prices, terms, |
and conditions of the products
or services and shall |
disclose the utility gas supply cost rates per therm price |
available from the Illinois Commerce Commission website |
applicable at the time the alternative gas supplier is |
offering or selling the products or services to the |
customer and shall disclose the date on which the utility |
gas supply cost rates per therm became effective and the |
date on which they will expire. All marketing materials, |
including, but not limited to, electronic marketing |
materials, in-person solicitations, and telephone |
solicitations, shall include the following statement:
|
"(Name of the alternative gas supplier) is not the |
same entity as your gas delivery company. You are not |
|
required to enroll with (name of alternative gas |
supplier). Beginning on (effective date), the utility |
gas supply cost rate per therm is (cost). The utility |
gas supply cost will expire on (expiration date). For |
more information go to the Illinois Commerce |
Commission's free website at |
www.icc.illinois.gov/ags/consumereducation.aspx.". |
This paragraph (1) does not apply to goodwill or |
institutional advertising. |
(2) Before any customer is switched from another |
supplier, the
alternative gas supplier shall give the |
customer written information
that clearly and |
conspicuously discloses, in plain language, the prices, |
terms, and
conditions of the products and services being |
offered and sold to the
customer. This written information |
shall be provided in a language in which the customer |
subject to the marketing or solicitation is able to |
understand and communicate, and the alternative gas |
supplier shall not switch a customer who is unable to |
understand and communicate in a language in which the |
marketing or solicitation was conducted. The alternative |
gas supplier shall comply with Section 2N of the Consumer |
Fraud and Deceptive Business Practices Act. Nothing in |
this paragraph (2) may be read to relieve an alternative |
gas supplier from the duties imposed on it by item (3) of |
subsection (c) of Section 2DDD of the Consumer Fraud and |
|
Deceptive Business Practices Act.
|
(3) The alternative gas supplier shall provide to the |
customer:
|
(A) accurate, timely, and itemized billing |
statements that describe
the products and services
|
provided to the customer and their prices
and that |
specify the
gas consumption amount and any service
|
charges and taxes; provided that this item (g)(3)(A) |
does not apply to small
commercial customers;
|
(B) billing statements that clearly and |
conspicuously discloses the name and contact |
information for the alternative gas supplier; |
(C) an additional
statement, at least annually, |
that adequately discloses the average
monthly prices, |
and the terms and conditions, of the products and
|
services sold to the customer; provided that this item |
(g)(3)(C) does not
apply to small commercial |
customers;
|
(D) refunds of any deposits with interest within |
30 days after the
date
that the customer changes gas |
suppliers or discontinues service if the customer
has |
satisfied all of his or her outstanding financial |
obligations to the
alternative gas supplier at an |
interest rate set by the Commission which shall
be the |
same as that required of gas utilities; and
|
(E) refunds, in a timely fashion, of all |
|
undisputed overpayments upon
the oral or written |
request of the customer.
|
(4) An alternative gas supplier and its sales agents |
shall refrain from any direct marketing or soliciting to |
consumers on the gas utility's "Do Not Contact List", |
which the alternative gas supplier shall obtain on the |
15th calendar day of the month from the gas utility in |
whose service area the consumer is provided with gas |
service. If the 15th calendar day is a non-business day, |
then the alternative gas supplier shall obtain the list on |
the next business day following the 15th calendar day of |
that month. |
(5) Early Termination. |
(A) Any agreement that contains an early |
termination clause shall disclose the amount of the |
early termination fee, provided that any early |
termination fee or penalty shall not exceed $50 total, |
regardless of whether or not the agreement is a |
multiyear agreement. |
(B) In any agreement that contains an early |
termination clause, an alternative gas supplier shall |
provide the customer the opportunity to terminate the |
agreement without any termination fee or penalty |
within 10 business days after the date of the first |
bill issued to the customer for products or services |
provided by the alternative gas supplier. The |
|
agreement shall disclose the opportunity and provide a |
toll-free phone number that the customer may call in |
order to terminate the agreement. Beginning January 1, |
2020, residential and small commercial customers shall |
have a right to terminate their agreements with |
alternative gas suppliers at any time without any |
termination fees or penalties. |
(6) Within 2 business days after electronic receipt of |
a customer switch from the alternative gas supplier and |
confirmation of eligibility, the gas utility shall provide |
the customer written notice confirming the switch. The gas |
utility shall not switch the service until 10 business |
days after the date on the notice to the customer. |
(7) The alternative gas supplier shall provide each |
customer the opportunity to rescind its agreement without |
penalty within 10 business days after the date on the gas |
utility notice to the customer. The alternative gas |
supplier shall disclose all of the following: |
(A) that the gas utility shall send a notice |
confirming the switch; |
(B) that from the date the utility issues the |
notice confirming the switch, the customer shall have |
10 business days to rescind the switch without |
penalty; |
(C) that the customer shall contact the gas |
utility or the alternative gas supplier to rescind the |
|
switch; and |
(D) the contact information for the gas utility. |
The alternative gas supplier disclosure shall be |
included in its sales solicitations, contracts, and all |
applicable sales verification scripts. |
(8) All in-person and telephone solicitations shall be |
conducted in, translated into, and provided in a language |
in which the consumer subject to the marketing or |
solicitation is able to understand and communicate. An |
alternative gas supplier shall terminate a solicitation if |
the consumer subject to the marketing or communication is |
unable to understand and communicate in the language in |
which the marketing or solicitation is being conducted. An |
alternative gas supplier shall comply with Section 2N of |
the Consumer Fraud and Deceptive Business Practices Act. |
(h) An alternative gas supplier may limit the overall size |
or availability
of
a
service offering by specifying one or |
more of the following:
|
(1) a maximum number
of
customers and maximum amount |
of gas load to be served;
|
(2) time period during which
the
offering will be |
available; or
|
(3) other comparable limitation, but not including
the
|
geographic locations of customers within the area which |
the alternative gas
supplier is
certificated to serve.
|
The alternative gas supplier shall file the terms and
|
|
conditions of
such service offering including the applicable |
limitations with the Commission
prior to
making the service |
offering available to customers.
|
(i) Nothing in this Section shall be construed as |
preventing an alternative
gas
supplier that is an affiliate |
of, or which contracts with,
(i) an industry or
trade
|
organization or association,
(ii) a membership organization or |
association that
exists for
a purpose other than the purchase |
of gas, or
(iii) another organization that
meets criteria
|
established in a rule adopted by the Commission from offering |
through the
organization
or association services at prices, |
terms and conditions that are available
solely to the
members |
of the organization or association.
|
(Source: P.A. 101-590, eff. 1-1-20.)
|
(220 ILCS 5/19-130)
|
Sec. 19-130. Commission study and report. The Commission's |
Office of Retail Market Development shall prepare an annual
|
report regarding the
development of competitive retail natural |
gas markets in Illinois. The Office shall monitor existing |
competitive conditions in Illinois, identify barriers to |
retail competition for all customer classes, and actively |
explore and propose to the Commission and to the General |
Assembly solutions to overcome identified barriers. Solutions |
proposed by the Office to promote retail competition must also |
promote safe, reliable, and affordable natural gas service. |
|
On or before October 31 1 of each year, beginning in 2015, |
the Director shall submit a report to the Commission, the |
General Assembly, and the Governor, that includes, at a |
minimum, the following
information:
|
(1) an analysis of the status and development of the |
retail natural gas
market in the State of Illinois; and |
(2) a discussion of any identified barriers to the |
development of competitive retail natural gas markets in |
Illinois and proposed solutions to overcome identified |
barriers; and
|
(3) any other information the Office considers |
significant in
assessing
the development of natural gas
|
markets in the State of Illinois.
|
Beginning in 2021, the report shall also include the |
information submitted to the Commission pursuant to paragraph |
(6) of subsection (b) of Section 19-115. |
(Source: P.A. 101-590, eff. 1-1-20.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
