Illinois General Assembly - Illinois Compiled Statutes

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220 ILCS 5/16-118

(220 ILCS 5/16-118)

Sec. 16-118.

Services provided by electric utilities to
alternative retail electric suppliers.

(a) It is in the best interest of Illinois energy
consumers to promote fair and open competition in the
provision of electric power and energy and to prevent
anticompetitive practices in the provision of electric power
and energy.
Therefore, to the extent an electric utility provides electric power and energy
or delivery services to alternative retail electric suppliers and such services
are not subject to the jurisdiction of the Federal Energy
Regulatory Commission, and are not competitive services, they
shall be provided through tariffs that are filed with the
Commission, pursuant to Article IX of this Act.
Each electric utility shall permit alternative
retail electric suppliers to interconnect facilities to those
owned by the utility provided they  meet established standards
for such interconnection, and may provide standby or other
services to alternative retail electric suppliers. The
alternative retail electric supplier shall sign a contract
setting forth the prices, terms and conditions for
interconnection with the electric utility and the prices,
terms and conditions for services provided by the electric
utility to the alternative retail electric supplier in
connection with the delivery  by the electric utility of
electric power and energy supplied by the alternative retail
electric supplier.

(b) An electric utility shall file a tariff pursuant to Article IX of the
Act that would allow alternative retail electric suppliers or electric
utilities other than the electric utility in whose service area retail
customers are
located to issue single bills to the retail customers for both the services
provided by such alternative retail electric supplier or other electric utility
and the delivery services provided by the electric utility to such customers.
The tariff filed pursuant to this subsection shall (i) require partial payments
made by retail customers to be credited first to the electric utility's
tariffed services, (ii) impose commercially reasonable terms with respect to
credit and collection, including requests for deposits, (iii) retain the
electric utility's right to disconnect the retail customers, if it does not
receive payment for its tariffed services, in the same manner that it would be
permitted to if it had billed for the services itself, and (iv) require the
alternative retail electric supplier or other electric utility that elects the
billing option provided by this tariff to include on each bill to retail
customers an identification of the electric utility providing the delivery
services and a listing of the charges applicable to such services.  The tariff
filed pursuant to this subsection may also include other just and reasonable
terms and conditions.  In addition,
an electric utility, an alternative retail electric
supplier or electric utility other than the electric utility
in whose service area the customer is located, and a customer
served by such alternative retail electric supplier or other
electric utility, may enter into an agreement pursuant to
which the  alternative retail electric supplier or other
electric utility pays the charges specified in Section 16-108,
or other customer-related charges, including taxes and fees,
in lieu of such charges being recovered by the electric
utility directly from the customer.

(c)  An electric utility with more than 100,000 customers shall file a tariff pursuant to Article IX of this Act that provides alternative retail electric suppliers, and electric utilities other than the electric utility in whose service area the retail customers are located, with the option to have the electric utility purchase their receivables for power and energy service provided to residential retail customers and non-residential retail customers with a non-coincident peak demand of less than 400 kilowatts.  Receivables for power and energy service of alternative retail electric suppliers or electric utilities other than the electric utility in whose service area the retail customers are located shall be purchased by the electric utility at a just and reasonable discount rate to be reviewed and approved by the Commission after notice and hearing.  The discount rate shall be based on the electric utility's historical bad debt and any reasonable start-up costs and administrative costs associated with the electric utility's purchase of receivables.  The discounted rate for purchase of receivables shall be included in the tariff filed pursuant to this subsection (c).  The discount rate filed pursuant to this subsection (c)  shall be subject to periodic Commission review.  The electric utility retains the right to impose the same terms on retail customers with respect to credit and collection, including requests for deposits, and retain the electric utility's right to disconnect the retail customers, if it does not receive payment for its tariffed services or purchased receivables, in the same manner that it would be permitted to if the retail customers purchased power and energy from the electric utility.  The tariff filed pursuant to this subsection (c) shall permit the electric utility to recover from retail customers any uncollected receivables that may arise as a result of the purchase of receivables under this subsection (c), may also include other just and reasonable terms and conditions, and shall provide for the prudently incurred costs associated with the provision of this service pursuant to this subsection (c). Nothing in this subsection (c) permits the double recovery of bad debt expenses from customers.

(d) An electric utility with more than 100,000 customers shall file a tariff pursuant to Article IX of this Act that would provide alternative retail electric suppliers or electric utilities other than the electric utility in whose service area retail customers are located with the option to have the electric utility produce and provide single bills to the retail customers for both the electric power and energy service provided by the alternative retail electric supplier or other electric utility and the delivery services provided by the electric utility to the customers.  The tariffs filed pursuant to this subsection shall require the electric utility to collect and remit customer payments for electric power and energy service provided by alternative retail electric suppliers or electric utilities other than the electric utility in whose service area retail customers are located.  The tariff filed pursuant to this subsection shall require the electric utility to include on each bill to retail customers an identification of the alternative retail electric supplier or other electric utility that elects the billing option.  The tariff filed pursuant to this subsection (d) may also include other just and reasonable terms and conditions and shall provide for the recovery of prudently incurred costs associated with the provision of service pursuant to this subsection (d).  The costs associated with the provision of service pursuant to this Section shall be subject to periodic Commission review.

(e) An electric utility with more than 100,000 customers in this State shall file a tariff pursuant to Article IX of this Act that provides alternative retail electric suppliers, and electric utilities other than the  electric utility in whose service area the retail customers are located, with the option to have the electric utility purchase 2 billing cycles worth of uncollectible receivables for power and energy service provided to residential retail customers and to non-residential retail customers with a non-coincident peak demand of less than 400 kilowatts upon returning that customer to that electric utility for delivery and energy service after that alternative retail electric supplier, or an electric utility other than the electric utility in whose service area the retail customer is located, has made reasonable collection efforts on that account.  Uncollectible receivables for power and energy service of alternative retail electric suppliers, or electric utilities other than the electric utility in whose service area the retail customers are located, shall be purchased by the electric utility at a just and reasonable discount rate to be reviewed and approved by the Commission, after notice and hearing. The discount rate shall be based on the electric utility's historical bad debt for receivables that are outstanding for a similar length of time and any reasonable start-up costs and administrative costs associated with the electric utility's purchase of receivables. The discounted rate for purchase of uncollectible receivables shall be included in the tariff filed pursuant to this subsection (e).  The electric utility retains the right to impose the same terms on these retail customers with respect to credit and collection, including requests for deposits, and retains the right to disconnect these retail customers, if it does not receive payment for its tariffed services or purchased receivables, in the same manner that it would be permitted to if the retail customers had purchased power and energy from the electric utility.  The tariff filed pursuant to this subsection (e) shall permit the electric utility to recover from retail customers any uncollectable receivables that may arise as a result of the purchase of uncollectible receivables under this subsection (e), may also include other just and reasonable terms and conditions, and shall provide for the prudently incurred costs associated with the provision of this service pursuant to this subsection (e).  Nothing in this subsection (e) permits the double recovery of utility bad debt expenses from customers.  The electric utility may file a joint tariff for this subsection (e) and subsection (c) of this Section.

(f) Every alternative retail electric supplier or electric utility other than the electric utility in whose service area retail customers are located that issues single bills to the retail customers for the services provided by the alternative retail electric supplier or other electric utility to the customers shall include on the single bills issued to residential customers the current utility electric supply price to compare that would apply to the customer for the billing period if the customer obtained supply from the utility. The current utility electric supply price shall be the sum of the electric supply charge and the transmission services charge and shall disclose that the price does not include the monthly purchased electricity adjustment.

(g) Every electric utility that provides delivery and supply services shall include on each bill issued to residential customers who obtain supply from an alternative retail electric supplier the current utility electric supply price to compare that would apply to the customer for the billing period if the customer obtained supply from the utility. The current utility electric supply price to compare shall be the sum of the electric supply charge and the transmission services charge and shall disclose that the price does not include the monthly purchased electricity adjustment.

(Source: P.A. 101-590, eff. 1-1-20.)