|
||||
Public Act 095-1051 |
||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Public Utilities Act is amended by changing | ||||
Sections 19-105, 19-110, 19-115, 19-120, and 19-125 and by | ||||
adding Sections 19-111 and 19-112 as follows:
| ||||
(220 ILCS 5/19-105)
| ||||
Sec. 19-105. Definitions. For the purposes of this Article, | ||||
the following
terms shall be defined as set forth in this | ||||
Section.
| ||||
"Alternative gas supplier" means every person, | ||||
cooperative, corporation,
municipal corporation, company, | ||||
association, joint stock company or
association, firm,
| ||||
partnership, individual, or other entity, their lessees, | ||||
trustees, or receivers
appointed by
any court whatsoever, that | ||||
offers gas for sale, lease, or in exchange for other
value
| ||||
received to one or more customers, or that engages in the | ||||
furnishing of gas to
one or
more customers, and shall include | ||||
affiliated interests of a gas utility,
resellers,
aggregators | ||||
and marketers, but shall not include (i) gas utilities (or any
| ||||
agent of the gas
utility to the extent the gas utility provides | ||||
tariffed services to customers
through an
agent); (ii) public | ||||
utilities that are owned and operated by any political
|
subdivision, public institution of higher education or | ||
municipal corporation
of this State, or public utilities that | ||
are owned by a political
subdivision, public institution of | ||
higher education, or municipal corporation
and operated by any | ||
of its lessees or operating agents; (iii)
natural gas | ||
cooperatives that are not-for-profit corporations operated for
| ||
the purpose of administering, on a cooperative basis, the
| ||
furnishing of natural gas for the benefit of their members who
| ||
are
consumers of natural gas; and (iv) the ownership or | ||
operation
of a facility that sells compressed natural gas at | ||
retail to the public for use
only as a motor vehicle fuel and | ||
the selling of compressed natural gas at
retail to the public | ||
for use only as a motor vehicle fuel.
| ||
"Gas utility" means a public utility, as defined in Section | ||
3-105 of this
Act,
that
has a franchise, license, permit, or | ||
right to furnish or sell gas
or transportation services to
| ||
customers within a service area.
| ||
"Residential customer" means a customer who receives gas | ||
utility service for
household purposes distributed to a | ||
dwelling of 2 or fewer units which is
billed under
a | ||
residential rate or gas utility service for household purposes | ||
distributed to
a dwelling
unit or units which is billed under a | ||
residential rate and is registered by a
separate meter
for each | ||
dwelling unit.
| ||
"Sales agent" means any employee, agent, independent | ||
contractor, consultant, or other person that is engaged by the |
alternative gas supplier to solicit customers to purchase, | ||
enroll in, or contract for alternative gas service on behalf of | ||
an alternative gas supplier. | ||
"Service area" means (i) the geographic area within which a | ||
gas utility was
lawfully entitled to provide gas to customers | ||
as of the effective date
of this
amendatory
Act of the 92nd | ||
General Assembly and includes (ii) the location of any
customer | ||
to
which the gas utility was lawfully providing gas utility | ||
services on such
effective date.
| ||
"Small commercial customer" means a nonresidential retail | ||
customer of
a
natural gas utility
who consumed is identified by | ||
the alternative gas supplier, prior
to becoming a customer of | ||
the alternative gas supplier, as
consuming 5,000 or fewer | ||
therms of natural gas
during the previous year; provided that | ||
any alternative gas
supplier may remove the customer from | ||
designation as a "small
commercial customer" if the customer | ||
consumes more than 5,000 therms
of natural gas in any calendar | ||
year after becoming a customer of the
alternative gas supplier. | ||
In determining whether a customer has consumed 5,000 or fewer | ||
therms of natural gas during the previous year, usage by the | ||
same commercial customer shall be aggregated to include usage | ||
at the same premises even if measured by more than one meter, | ||
and to include usage at multiple premises. Nothing in this | ||
Section creates an affirmative obligation on a gas utility to | ||
monitor or inform customers or alternative gas suppliers as to | ||
a customer's status as a small commercial customer as that term |
is defined herein. Nothing in this Section relieves a gas | ||
utility from any obligation to provide information upon request | ||
to a customer, alternative gas supplier, the Commission, or | ||
others necessary to determine whether a customer meets the | ||
classification of small commercial customers as that term is | ||
defined herein.
| ||
"Tariffed service" means a service provided to customers by | ||
a gas
utility as
defined by its rates on file with the | ||
Commission pursuant to the provisions of
Article IX
of this | ||
Act.
| ||
"Transportation services" means those services provided by | ||
the gas utility
that
are necessary in order for the storage, | ||
transmission and distribution systems
to
function so that
| ||
customers located in the gas utility's service area can receive | ||
gas from
suppliers other
than the gas utility and shall | ||
include, without limitation, standard metering
and billing
| ||
services.
| ||
(Source: P.A. 94-738, eff. 5-4-06.)
| ||
(220 ILCS 5/19-110)
| ||
Sec. 19-110. Certification of alternative gas suppliers.
| ||
(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.
|
(b) An alternative gas supplier must obtain a certificate | ||
of service
authority from the Commission in accordance with | ||
this Section before serving
any customer or other user located | ||
in this State. An alternative gas supplier
may request, and the | ||
Commission may grant, a certificate of service authority
for | ||
the entire State or for a specified geographic area of the | ||
State. A
person, corporation, or other entity acting as an | ||
alternative gas supplier on
the effective date of this | ||
amendatory Act of the 92nd General Assembly shall
have 180 days | ||
from the effective date of this amendatory Act of the 92nd
| ||
General Assembly to comply with the requirements of this | ||
Section in order to
continue to operate as an alternative gas | ||
supplier.
| ||
(c) An alternative gas supplier seeking a certificate of | ||
service authority
shall
file with the Commission a verified | ||
application containing information showing
that the
applicant | ||
meets the requirements of this Section. The alternative gas | ||
supplier
shall
publish notice of its application in the | ||
official State newspaper within 10
days following
the date of | ||
its filing. No later than 45 days after the application is
| ||
properly filed with the
Commission, and such notice is | ||
published, the Commission shall issue its order
granting or | ||
denying the application.
| ||
(d) An application for a certificate of service authority | ||
shall identify the
area or
areas in which the applicant intends | ||
to offer service and the types of services
it intends
to offer. |
Applicants that seek to serve residential or small commercial
| ||
customers within a
geographic area that is smaller than a gas | ||
utility's service area shall submit
evidence demonstrating | ||
that the designation of this smaller area does not
violate | ||
Section 19-115. An
applicant may
state in its application for | ||
certification any limitations that will be imposed
on the | ||
number
of customers or maximum load to be served. The applicant | ||
shall submit as part of its application a statement indicating:
| ||
(1) Whether the applicant has been denied a natural gas | ||
supplier license in any state in the United States. | ||
(2) Whether the applicant has had a natural gas | ||
supplier license suspended or revoked by any state in the | ||
United States. | ||
(3) Where, if any, other natural gas supplier license | ||
applications are pending in the United States. | ||
(4) Whether the applicant is the subject of any | ||
lawsuits filed in a court of law or formal complaints filed | ||
with a regulatory agency alleging fraud, deception or | ||
unfair marketing practices, or other similar allegations, | ||
identifying the name, case number, and jurisdiction of each | ||
such lawsuit or complaint. | ||
For the purposes of this subsection (d), formal complaints | ||
include only those complaints that seek a binding determination | ||
from a state or federal regulatory body. | ||
(e) The Commission shall grant the application for a | ||
certificate of service
authority if it makes the findings set |
forth in this subsection based on the
verified
application and | ||
such other information as the applicant may submit.
| ||
(1) That the applicant possesses possess sufficient | ||
technical, financial, and
managerial resources and | ||
abilities to provide the service for which it
seeks a | ||
certificate of service authority. In determining the level | ||
of
technical, financial, and managerial resources and | ||
abilities which the
applicant must demonstrate, the | ||
Commission shall consider :
| ||
(A) the characteristics, including the size and | ||
financial sophistication of the
customers that the | ||
applicant seeks to serve ; , and shall consider | ||
(B) whether the
applicant seeks to provide gas | ||
using property, plant, and equipment that it
owns, | ||
controls, or operates ; and | ||
(C) the applicant's commitment of resources to the | ||
management of sales and marketing staff, through | ||
affirmative managerial policies, independent audits, | ||
technology, hands-on field monitoring and training, | ||
and, in the case of applicants who will have sales | ||
personnel or sales agents within the State of Illinois, | ||
the applicant's managerial presence within the State .
| ||
(2) That the applicant will comply with all applicable | ||
federal, State,
regional, and industry rules, policies, | ||
practices, and procedures
for the use, operation, and | ||
maintenance of the safety, integrity, and
reliability of |
the gas transmission system.
| ||
(3) That the applicant will comply with such | ||
informational or reporting
requirements as the Commission | ||
may by rule establish.
| ||
(4) That
the area to be served by the applicant and any | ||
limitations it proposes on the
number of customers or | ||
maximum amount of load to be served meet the provisions
of | ||
Section 19-115, provided, that if the applicant seeks to | ||
serve an area
smaller than the service area of a gas | ||
utility or proposes other limitations
on the number of | ||
customers or maximum amount of load to be served, the
| ||
Commission can extend the time for
considering such a | ||
certificate request by up to 90 days, and can schedule
| ||
hearings on such a request.
| ||
(5) That the applicant and the applicant's sales agents | ||
will comply with all other applicable laws and
rules.
| ||
(f) The Commission can extend the time for considering such | ||
a certificate request by up to 90 days, and can schedule | ||
hearings on such a request if: | ||
(1) a party to the application proceeding has formally | ||
requested that the Commission hold hearings in a pleading | ||
that alleges that one or more of the allegations or | ||
certifications in the application is false or misleading; | ||
or | ||
(2) other facts or circumstances exist that will | ||
necessitate additional time or evidence in order to |
determine whether a certificate should be issued. | ||
(g) (f) The Commission shall have the authority to | ||
promulgate rules
to carry out the provisions of this Section. | ||
Within 30 days after the
effective date of this amendatory Act | ||
of the 92nd General Assembly, the
Commission shall adopt an | ||
emergency rule or rules applicable to the
certification of | ||
those gas suppliers that seek to serve residential customers.
| ||
Within 180 days of
the effective
date of this amendatory Act of | ||
the 92nd General Assembly, the Commission shall
adopt
rules | ||
that specify criteria which, if met by any such alternative gas
| ||
supplier, shall
constitute the demonstration of technical, | ||
financial, and managerial resources
and
abilities to provide | ||
service required by item (1) of subsection (e) of this
Section,
| ||
such as a
requirement to post a bond or letter of credit, from | ||
a responsible surety or
financial
institution, of sufficient | ||
size for the nature and scope of the services to be
provided,
| ||
demonstration of adequate insurance for the scope and nature of | ||
the services to
be
provided, and experience in providing | ||
similar services in other
jurisdictions.
| ||
(h) The Commission may deny with prejudice any application | ||
that repeatedly fails to include the attachments, | ||
documentation, and affidavits required by the application form | ||
or that repeatedly fails to provide any other information | ||
required by this Section. | ||
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
|
(220 ILCS 5/19-111 new) | ||
Sec. 19-111. Material changes in business. | ||
(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. | ||
(b) Alternative gas suppliers shall file with the | ||
Commission a notification of any material change to the | ||
information supplied in a certification application within 30 | ||
days of such material change. | ||
(1) An alternative gas supplier shall file such notice | ||
under the docket number assigned to the alternative gas | ||
supplier's certification application, whichever is the | ||
most recent. The supplier shall also serve such notice upon | ||
the gas utility company serving customers in the service | ||
area where the alternative gas supplier is certified to | ||
provide service. | ||
(2) After notice and an opportunity for a hearing, the | ||
Commission may (i) suspend, rescind, or conditionally | ||
rescind an alternative gas supplier's certificate if it | ||
determines that the material change will adversely affect | ||
the alternative gas supplier's fitness or ability to | ||
provide the services for which it is certified or (ii) | ||
require the alternative gas supplier to provide reasonable | ||
financial assurances sufficient to protect their customers |
and gas utilities from default. | ||
(c) Material changes to the information contained in or | ||
supplied with a certification application include, but are not | ||
limited to, the following: | ||
(1) Any significant change in ownership (an ownership | ||
interest of 5% or more) of the applicant or alternative gas | ||
supplier. | ||
(2) An affiliation with any gas utility or change of an | ||
affiliation with a gas utility in this State. | ||
(3) Retirement or other long-term changes to the | ||
operational status of supply resources relied upon by the | ||
alternative gas supplier to provide alternative gas | ||
service. Changes in the volume of supply from any given | ||
supply resource replaced by a comparable supply resource do | ||
not need to be reported. | ||
(4) Revocation, restriction, or termination of any | ||
interconnection or service agreement with a pipeline | ||
company or natural gas company relied upon by an | ||
alternative gas supplier to provide alternative retail | ||
natural gas service, but only if such revocation, | ||
restriction, or termination creates a situation in which | ||
the alternative gas supplier does not meet the tariffed | ||
capacity requirements of the relevant Illinois natural gas | ||
utility or utilities. | ||
(5) If the alternative gas supplier has a long-term | ||
bond rating from Standard & Poor's or its successor, or |
Fitch Ratings or its successor, or Moody's Investor Service | ||
or its successor, and the alternative gas supplier's | ||
long-term bond rating falls below BBB as reported by | ||
Standard & Poor's or its successor or Fitch Ratings or its | ||
successor or below Baa3 as reported by Moody's Investors | ||
Service or its successor. | ||
(6) The applicant or alternative gas supplier has or | ||
intends to file for reorganization, protection from | ||
creditors, or any other form of bankruptcy with any court. | ||
(7) Any judgment, finding, or ruling by a court or | ||
regulatory agency that could affect an alternative gas | ||
supplier's fitness or ability to provide service in this | ||
State. | ||
(8) Any change in the alternative gas supplier's name | ||
or logo, including without limitation any change in the | ||
alternative gas supplier's legal name, fictitious names, | ||
or assumed business names, except for logos and names the | ||
alternative gas supplier provided as part of its original | ||
certification process or that the alternative gas supplier | ||
previously provided to the Commission under this Section. | ||
(220 ILCS 5/19-112 new) | ||
Sec. 19-112. Managerial resources. | ||
(a) An alternative gas supplier must maintain sufficient | ||
managerial resources and abilities to provide the service for | ||
which it has a certificate of service authority. In determining |
the level of managerial resources and abilities that the | ||
alternative gas supplier must demonstrate, the Commission | ||
shall consider, in addition to the requirements in | ||
19-110(e)(1), the following: | ||
(1) complaints to the Commission by consumers | ||
regarding the alternative gas supplier, including those | ||
that reflect on the alternative gas supplier's ability to | ||
properly manage solicitation and authorization; and | ||
(2) the alternative gas supplier's involvement in the | ||
Commission's consumer complaint process, including the | ||
resources the alternative gas supplier dedicates to the | ||
process and the alternative gas supplier's ability to | ||
manage the issues raised by complaints, and the resolutions | ||
of the complaints. | ||
(b) 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, unless otherwise | ||
noted.
| ||
(220 ILCS 5/19-115)
| ||
Sec. 19-115. Obligations of alternative gas suppliers.
| ||
(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.
| ||
(b) An alternative gas supplier shall:
| ||
(1) 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; and
| ||
(2) continue to comply with the requirements for | ||
certification stated
in
Section 19-110 ; .
| ||
(3) comply with complaint procedures established by | ||
the Commission; | ||
(4) except as provided in subsection (h) of this | ||
Section, file with the Chief Clerk of the Commission, | ||
within 20 business days after the effective 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); and | ||
(5) 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 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 or its successor. | ||
(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 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: | ||
(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 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 | ||
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 | ||
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 | ||
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; | ||
(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 | ||
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. | ||
(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. | ||
(c) An alternative gas supplier shall obtain verifiable | ||
authorization from a
customer, in a form or manner approved by | ||
the Commission, before the customer
is
switched from another | ||
supplier.
| ||
(e) (d) No alternative gas supplier shall:
| ||
(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;
or
| ||
(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) (e) 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; or
| ||
(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) (f) An alternative gas supplier shall comply with the | ||
following requirements
with respect to the marketing, | ||
offering, and provision of products or services:
| ||
(1) Any marketing materials which make statements | ||
concerning prices,
terms, and conditions of service shall | ||
contain information that
adequately discloses the prices, | ||
terms and conditions of the products
or services.
| ||
(2) Before any customer is switched from another | ||
supplier, the
alternative gas supplier shall give the | ||
customer written information
that clearly and | ||
conspicuously adequately discloses, in plain language, the | ||
prices, terms, and
conditions of the products and services | ||
being offered and sold to the
customer. 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) | ||
(f)(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) (f)(3)(B) does not
apply to small commercial | ||
customers;
| ||
(D) (C) 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) (D) 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. | ||
(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. | ||
(h) (g) 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) (h) 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. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
| ||
(220 ILCS 5/19-120)
| ||
Sec. 19-120.
Commission oversight of services provided by | ||
gas
suppliers.
| ||
(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.
| ||
(b) The Commission shall have jurisdiction in accordance | ||
with the provisions
of Article X of this Act either to | ||
investigate on its own motion in order to determine whether or | ||
to entertain and dispose of any complaint against any
| ||
alternative
gas supplier alleging that:
| ||
(1) the alternative gas supplier has violated or is
in
| ||
nonconformance with any applicable provisions of Section | ||
19-110 , 19-111, 19-112, or Section
19-115;
| ||
(2) an alternative gas supplier has failed to provide | ||
service in
accordance with the
terms of its contract or | ||
contracts with a customer or customers;
| ||
(3) the
alternative
gas supplier has violated or is in | ||
nonconformance with the transportation
services tariff
of, | ||
or any of its agreements relating to transportation | ||
services with, the gas
utility or
municipal system | ||
providing transportation services; or
| ||
(4) the
alternative gas
supplier has violated or failed | ||
to comply with the requirements of Sections
8-201
through | ||
8-207, 8-301, 8-505, or 8-507 of this Act as made | ||
applicable to
alternative gas
suppliers.
| ||
(c) The Commission shall have authority after notice and | ||
hearing held on
complaint or on the Commission's own motion to | ||
order any or all of the following remedies, penalties, or forms | ||
of relief :
|
(1) order an alternative gas supplier to cease and | ||
desist, or correct,
any violation of or nonconformance with | ||
the provisions of Section
19-110 , 19-111, 19-112, or | ||
19-115;
| ||
(2) impose financial penalties for violations of or | ||
nonconformances
with the provisions of Section 19-110 , | ||
19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per | ||
occurrence or (ii) $30,000 per day for those violations or
| ||
nonconformances which continue after the Commission issues | ||
a
cease-and-desist order; and
| ||
(3) alter, modify, revoke, or suspend the certificate | ||
of service
authority
of an alternative gas supplier for | ||
substantial or repeated violations of
or nonconformances | ||
with the provisions of Section 19-110 , 19-111, 19-112, or | ||
19-115.
| ||
(d) Nothing in this Act shall be construed to limit, | ||
restrict, or
mitigate
in
any way the power and authority of the | ||
State's Attorneys or the Attorney
General under the Consumer | ||
Fraud and Deceptive Business Practices Act.
| ||
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
| ||
(220 ILCS 5/19-125)
| ||
Sec. 19-125. Consumer education.
| ||
(a) The Commission shall make available upon request and at | ||
no charge, and
shall make available to the public
on the | ||
Internet through the State of Illinois World Wide Web site:
|
(1) a list of all certified alternative gas suppliers | ||
serving residential
and
small commercial customers
within | ||
the service area of each gas utility including, in the case | ||
of the
Internet, computer links to available web sites of | ||
the certified alternative
gas
suppliers;
| ||
(2) a list of all certified alternative gas suppliers | ||
serving residential
or
small commercial customers
that | ||
have been found in the last 3 years by the Commission | ||
pursuant to Section
10-108 to have failed
to provide | ||
service in accordance with this Act;
| ||
(3) guidelines to assist customers in determining | ||
which gas supplier is
most
appropriate for each
customer; | ||
and
| ||
(4) Internet links to providers of information
that | ||
enables customers
to
compare prices and
services of gas | ||
utilities and alternative gas suppliers, if and
when that | ||
information is available.
| ||
(a-5) The Commission shall develop no later than 6 months | ||
after the effective date of this amendatory Act of the 95th | ||
General Assembly and maintain consumer education information | ||
to help residential and small commercial consumers understand | ||
their gas supply options and their rights and responsibilities. | ||
The Commission shall publish the consumer education | ||
information on its World Wide Web site. | ||
(a-10) To assist the Commission in developing consumer | ||
education information, the Commission shall form a working |
group that shall consist of representatives of gas utilities | ||
with residential and small commercial gas transportation | ||
service programs, alternative gas suppliers, the Attorney | ||
General, the Citizens Utility Board, and the Commission. | ||
(a-15) At a minimum, the consumer education information | ||
developed by the Commission shall include explanations or | ||
descriptions of the following: | ||
(1) The choices available to consumers to take gas | ||
service from an alternative retail gas supplier or remain | ||
as a retail customer of the gas utility. | ||
(2) A consumer's rights and responsibilities in | ||
receiving service from an alternative retail gas supplier | ||
or remaining as a retail customer of the gas utility. | ||
(3) The gas utility's role in delivering gas, | ||
including, but not limited to, utility response to calls | ||
for service and gas leaks. | ||
(4) The legal obligations of alternative retail gas | ||
suppliers. | ||
(5) The components of a bill that could be received by | ||
a customer taking delivery services. | ||
(6) The procedures available to customers to address | ||
complaints against a gas utility or an alternative retail | ||
gas supplier and a list of phone numbers and other contact | ||
information for the Commission, the Attorney General, or | ||
the Citizens Utility Board. | ||
(7) Guidance to assist consumers in making educated |
decisions when choosing their natural gas provider, | ||
including: | ||
(A) how to compare prices; | ||
(B) questions to ask when considering natural gas | ||
providers; and | ||
(C) current and historical utility gas rates. | ||
(8) The availability of the "Do Not Contact List" for | ||
those who do not wish to be solicited by natural gas | ||
providers. | ||
(b) In any service area where customers are able to choose | ||
their natural gas
supplier, the Commission shall require gas | ||
utilities and alternative gas
suppliers to inform customers of | ||
how they may contact the Commission in order
to
obtain | ||
information about the customer choice program.
| ||
(c) The Commission shall adopt a uniform disclosure that | ||
alternative gas suppliers shall be required to complete for | ||
each product offering. The uniform disclosure shall contain, at | ||
a minimum: | ||
(1) for products with a fixed price per therm, the | ||
price per therm; | ||
(2) the length of the initial term of the product, or, | ||
if applicable, the expiration date of the initial term of | ||
the product; | ||
(3) the amount of the termination fees, if any; | ||
(4) the amount of the administrative fees, other fees, | ||
or recurring charges, if any, to be listed separately for |
each and every fee or charge; | ||
(5) for products with a variable price per therm, the | ||
terms of such variability, including, but not limited to, | ||
any index that is used to calculate the price and any | ||
additional charges, costs and fees; and | ||
(6) for products where a customer's charges are a fixed | ||
amount per billing period regardless of the market price | ||
for natural gas or the customer's natural gas consumption | ||
during the billing period, the billing period covered. | ||
If the alternative gas supplier will not offer a | ||
different product for new customers as of the first of the | ||
month, then the alternative gas supplier does not have to | ||
provide new information until the first day of the month in | ||
which a different product or products are being offered. | ||
The Commission shall post this information on its World | ||
Wide Web site in a manner that shall enable customers to | ||
compare prices, terms, and conditions offered by the | ||
alternative gas suppliers. The website shall be updated at | ||
least monthly and the Commission shall maintain this | ||
information on its website for at least 12 months to allow | ||
customers to compare the historical plans and prices for | ||
all alternative gas suppliers. | ||
(d) The Commission shall make available in print, upon | ||
request and at no charge and on its World Wide Web site, | ||
information on which customers of alternative gas suppliers | ||
serving residential and small commercial customers may address |
any complaint with regard to an alternative gas supplier's | ||
obligations under Section 19-115 of this Article, including the | ||
provision of service in accordance with the terms of its | ||
contract, sales tactics, and rates. The Commission shall | ||
maintain a summary by category and provider of all formal and | ||
informal complaints it receives pursuant to this Section, and | ||
it shall publish the summary on a quarterly basis on its World | ||
Wide Web site. Individual customer information shall not be | ||
included in the summary. | ||
(e) The provisions of this Section shall apply only to | ||
alternative gas suppliers serving or seeking to serve | ||
residential and small commercial customers and only to the | ||
extent such alternative gas suppliers provide services to | ||
residential and small commercial customers. | ||
(Source: P.A. 92-852, eff. 8-26-02.)
| ||
Section 10. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by adding Sections 2DDD, 2EEE, 2FFF, | ||
and 2GGG as follows: | ||
(815 ILCS 505/2DDD new)
| ||
Sec. 2DDD. Alternative gas suppliers. | ||
(a) Definitions. | ||
(1) "Alternative gas supplier" has the same meaning as | ||
in Section 19-105 of the Public Utilities Act. | ||
(2) "Gas utility" has the same meaning as in Section |
19-105 of the Public Utilities Act. | ||
(b) It is an unfair or deceptive act or practice within the | ||
meaning of Section 2 of this Act for any person to violate any | ||
provision of this Section. | ||
(c) Solicitation. | ||
(1) An alternative gas supplier shall not misrepresent | ||
the affiliation of any alternative supplier with the gas | ||
utility, governmental bodies, or consumer groups. | ||
(2) If any sales solicitation, agreement, contract, or | ||
verification is translated into another language and | ||
provided to a customer, all of the documents must be | ||
provided to the customer in that other language. | ||
(3) An alternative gas supplier shall clearly and | ||
conspicuously disclose the following information to all | ||
customers: | ||
(A) the prices, terms, and conditions of the | ||
products and services being sold to the customer; | ||
(B) where the solicitation occurs in person, | ||
including through door-to-door solicitation, the | ||
salesperson's name; | ||
(C) the alternative gas supplier's contact | ||
information, including the address, phone number, and | ||
website; | ||
(D) contact information for the Illinois Commerce | ||
Commission, including the toll-free number for | ||
consumer complaints and website; |
(E) a statement of the customer's right to rescind | ||
the offer within 10 business days of the date on the | ||
utility's notice confirming the customer's decision to | ||
switch suppliers, as well as phone numbers for the | ||
supplier and utility that the consumer may use to | ||
rescind the contract; and | ||
(F) the amount of the early termination fee, if | ||
any. | ||
(4) Except as provided in paragraph (5) of this | ||
subsection (c), an alternative gas supplier shall send the | ||
information described in paragraph (3) of this subsection | ||
(c) to all customers within one business day of the | ||
authorization of a switch. | ||
(5) An alternative gas supplier engaging in | ||
door-to-door solicitation of consumers shall provide the | ||
information described in paragraph (3) of this subsection | ||
(c) during all door-to-door solicitations that result in a | ||
customer deciding to switch their supplier. | ||
(d) Customer Authorization. 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 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: | ||
(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 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 | ||
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. A | ||
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 | ||
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. 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 electronic authorization to change in natural | ||
gas service via telephone. Such authorization must elicit |
the information in paragraph (2)(A) through (F) of this | ||
subsection (d). Alternative gas suppliers electing to | ||
confirm sales electronically shall establish one or more | ||
toll-free telephone numbers exclusively for that purpose. | ||
Calls to the number or numbers shall will 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; | ||
(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 (d) and any customer | ||
information shall be protected in accordance with all | ||
applicable statutes and rules. 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, which clearly and conspicuously | ||
discloses all terms and conditions; and | ||
(ii) a conspicuous prompt for the customer to | ||
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 (d). | ||
Alternative gas suppliers must be in compliance with the | ||
provisions of this subsection (d) within 90 days after the | ||
effective date of this amendatory Act of the 95th General |
Assembly. | ||
(e) Early Termination. | ||
(1) 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. | ||
(2) 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. | ||
(f) 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 to the customer all of the following: | ||
(1) that the gas utility shall send a notice confirming | ||
the switch; | ||
(2) that from the date the utility issues the notice | ||
confirming the switch, the customer shall have 10 business | ||
days before the switch will become effective; |
(3) that the customer may contact the gas utility or | ||
the alternative gas supplier to rescind the switch within | ||
10 business days; and | ||
(4) the contact information for the gas utility and the | ||
alternative gas supplier. | ||
The alternative gas supplier disclosure shall be included | ||
in its sales solicitations, contracts, and all applicable sales | ||
verification scripts. | ||
(g) The provisions of this Section shall apply only to | ||
alternative gas suppliers serving or seeking to serve | ||
residential and small commercial customers and only to the | ||
extent such alternative gas suppliers provide services to | ||
residential and small commercial customers. | ||
(815 ILCS 505/2EEE new)
| ||
Sec. 2EEE. Natural gas service advertising. Any | ||
advertisement for natural gas service that lists rates shall | ||
clearly and conspicuously disclose all associated costs for | ||
such service including, but not limited to, access fees and | ||
service fees. It is an unfair or deceptive act or practice | ||
within the meaning of Section 2 of this Act for any person to | ||
violate this Section. | ||
The provisions of this Section shall apply only to | ||
alternative gas suppliers serving or seeking to serve | ||
residential and small commercial customers and only to the | ||
extent such alternative gas suppliers provide services to |
residential and small commercial customers. | ||
(815 ILCS 505/2FFF new)
| ||
Sec. 2FFF. All personal information relating to the | ||
customer of transmission, distribution, metering, or billing | ||
of natural gas service, or the customer purchasing the | ||
commodity of natural gas to be delivered through the | ||
distribution system of a natural gas provider, shall be | ||
maintained by the natural gas providers solely for the purpose | ||
of generating the bill for such sales and services, and shall | ||
not be divulged to any other persons with the exception of | ||
credit bureaus, collection agencies, and persons licensed to | ||
market natural gas service in the State of Illinois, without | ||
the written consent of the customer. It is an unfair or | ||
deceptive act or practice within the meaning of Section 2 of | ||
this Act for any person to violate this Section. | ||
The provisions of this Section shall apply only to | ||
alternative gas suppliers serving or seeking to serve | ||
residential and small commercial customers and only to the | ||
extent such alternative gas suppliers provide services to | ||
residential and small commercial customers. | ||
(815 ILCS 505/2GGG new)
| ||
Sec. 2GGG. Prohibition of prize promotions to solicit | ||
authority to provide alternative natural gas service. | ||
(a) It is an unfair or deceptive act or practice within the |
meaning of Section 2 of this Act for any person to solicit | ||
authority to execute a change of gas suppliers or to solicit | ||
authority to provide any alternative gas service through the | ||
use of any sweepstakes, contests, or drawings. | ||
(b) Forms or documents used or intended to be used by | ||
consumers to enter sweepstakes, contests, or drawings of any | ||
description may not be used by any person as written authority | ||
to execute a change of any person's gas supplier or to render | ||
any gas supply service. | ||
(c) The provisions of this Section shall apply only to | ||
alternative gas suppliers serving or seeking to serve | ||
residential and small commercial customers and only to the | ||
extent such alternative gas suppliers provide services to | ||
residential and small commercial customers. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |