State of Illinois
91st General Assembly
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Public Act 91-0050

SB24 Enrolled                                  LRB9100188JSgc

    AN ACT to encourage the development of  cogeneration  and
self-generation of electricity.

    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  16-102,  16-104,  16-108, 16-110, 16-111,
16-115, and 16-130 and adding  Sections  16-111.1,  16-111.2,
and 16-114.1 as follows:

    (220 ILCS 5/16-102)
    Sec.  16-102.   Definitions.   For  the  purposes of this
Article the following terms shall be defined as set forth  in
this Section.
    "Alternative   retail   electric  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  electric power or energy for sale,
lease or in exchange for other value received to one or  more
retail   customers,  or  that  engages  in  the  delivery  or
furnishing  of  electric  power  or  energy  to  such  retail
customers, and shall include, without limitation,  resellers,
aggregators  and  power  marketers, but shall not include (i)
electric utilities (or any agent of the electric  utility  to
the extent the electric utility provides tariffed services to
retail  customers  through  that  agent),  (ii)  any electric
cooperative or municipal system as defined in Section  17-100
to  the  extent  that  the  electric cooperative or municipal
system is serving retail customers within any area  in  which
it  is  or would be entitled to provide service under the law
in effect immediately prior to the  effective  date  of  this
amendatory  Act of 1997, (iii) a public utility that is owned
and operated by any public institution of higher education of
this State, or a public utility that is owned by such  public
institution  of  higher  education and operated by any of its
lessees or operating agents, within any area in which  it  is
or  would  be  entitled  to  provide service under the law in
effect immediately  prior  to  the  effective  date  of  this
amendatory  Act  of  1997,  (iv) a any retail customer to the
extent that customer obtains its electric  power  and  energy
from  that customer's its own cogeneration or self-generation
facilities, (v) an any entity that owns, operates, sells,  or
arranges   for   the   installation   of   a  customer's  own
cogeneration or self-generation facilities to be owned  by  a
retail  customer  described in subparagraph (iv), but only to
the extent the  entity  is  engaged  in  owning,  selling  or
arranging  for  the  such  installation of such facility,  or
operating the facility on behalf of such  customer,  provided
however  that  any  such  third  party owner or operator of a
facility built after January 1, 1999, complies with the labor
provisions of Section 16-128(a) as though  such  third  party
were  an  alternative  retail  electric  supplier, or (vi) an
industrial  or  manufacturing  customer  that  owns  its  own
distribution facilities, to  the  extent  that  the  customer
provides   service   from   that  distribution  system  to  a
third-party contractor located  on  the  customer's  premises
that   is   integrally   and  predominantly  engaged  in  the
customer's industrial  or  manufacturing  process;  provided,
that  if the industrial or manufacturing customer has elected
delivery services, the customer shall pay transition  charges
applicable  to  the electric power and energy consumed by the
third-party contractor unless such charges are otherwise paid
by the third party  contractor,  which  shall  be  calculated
based  on  the  usage  of, and the base rates or the contract
rates applicable to, the third-party contractor in accordance
with Section 16-102.
    "Base rates" means the rates for those tariffed  services
that  the  electric  utility is required to offer pursuant to
subsection (a) of Section 16-103 and that were identified  in
a  rate  order  for collection of the electric utility's base
rate revenue requirement, excluding  (i)  separate  automatic
rate  adjustment  riders  then  in  effect,  (ii)  special or
negotiated contract rates, (iii)  delivery  services  tariffs
filed  pursuant to Section 16-108, (iv) real-time pricing, or
(v) tariffs that were in effect prior to October 1, 1996  and
that  based  charges  for  services on an index or average of
other utilities' charges, but including (vi)  any  subsequent
redesign   of  such  rates  for  tariffed  services  that  is
authorized by the Commission after notice and hearing.
    "Competitive service" includes (i) any service  that  has
been declared to be competitive pursuant to Section 16-113 of
this  Act,  (ii)  contract service, and (iii) services, other
than  tariffed  services,  that  are  related  to,  but   not
necessary  for, the provision of electric power and energy or
delivery services.
    "Contract service"  means  (1)  services,  including  the
provision  of  electric  power  and energy or other services,
that are provided by mutual  agreement  between  an  electric
utility and a retail customer that is located in the electric
utility's  service  area,  provided  that,  delivery services
shall not be a  contract  service  until  such  services  are
declared  competitive  pursuant  to  Section 16-113; and also
means (2) the provision of electric power and  energy  by  an
electric  utility  to  retail  customers outside the electric
utility's service area pursuant to Section 16-116.  Provided,
however, contract service does not include  electric  utility
services  provided  pursuant  to  (i)  contracts  that retail
customers are required to execute as a condition of receiving
tariffed  services,  or  (ii)  special  or  negotiated   rate
contracts  for  electric  utility  services that were entered
into between an electric utility and a retail customer  prior
to  the  effective  date  of  this amendatory Act of 1997 and
filed with the Commission.
    "Delivery services" means those services provided by  the
electric   utility  that  are  necessary  in  order  for  the
transmission and distribution systems  to  function  so  that
retail  customers  located  in the electric utility's service
area can receive electric power  and  energy  from  suppliers
other  than  the electric utility, and shall include, without
limitation, standard metering and billing services.
    "Electric 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  electricity  to  retail
customers within a service area.
    "Mandatory  transition  period" means the period from the
effective date of this amendatory Act of 1997 through January
1, 2005.
    "Municipal system" shall have the meaning  set  forth  in
Section 17-100.
    "Real-time  pricing" means charges for delivered electric
power and energy that  vary  on  an  hour-to-hour  basis  for
nonresidential  retail  customers and that vary on a periodic
basis during the day for residential retail customers.
    "Retail customer" means a single  entity  using  electric
power  or energy at a single premises and that (A) either (i)
is receiving or is eligible to receive tariffed services from
an electric utility,  or (ii) that is served by  a  municipal
system  or  electric cooperative within any area in which the
municipal system or  electric  cooperative  is  or  would  be
entitled   to   provide  service  under  the  law  in  effect
immediately prior to the effective date  of  this  amendatory
Act  of 1997, or (B) an entity which on the effective date of
this Act was receiving electric service from a public utility
and  (i)  was  engaged  in  the   practice  of   resale   and
redistribution of such electricity within a building prior to
January  2,  1957, or (ii) was providing lighting services to
tenants in a multi-occupancy building, but only to the extent
such resale, redistribution or lighting service is authorized
by the electric utility's tariffs that were on file with  the
Commission on the effective date of this Act.
    "Service area" means (i) the geographic area within which
an electric utility was lawfully entitled to provide electric
power and energy to retail customers as of the effective date
of  this  amendatory  Act  of  1997,  and  includes  (ii) the
location of any retail customer to which the electric utility
was lawfully providing  electric  utility  services  on  such
effective date.
    "Small    commercial   retail   customer"   means   those
nonresidential  retail  customers  of  an  electric   utility
consuming   15,000  kilowatt-hours  or  less  of  electricity
annually in its service area.
    "Tariffed service"  means  services  provided  to  retail
customers  by  an electric utility as defined by its rates on
file with  the  Commission  pursuant  to  the  provisions  of
Article  IX  of  this  Act, but shall not include competitive
services.
    "Transition charge" means a charge expressed in cents per
kilowatt-hour that is calculated for a customer or  class  of
customers  as  follows  for  each  year  in which an electric
utility is entitled to recover transition charges as provided
in Section 16-108:
         (1)  the amount of revenue that an electric  utility
    would receive from the retail customer or customers if it
    were  serving  such  customers' electric power and energy
    requirements as a tariffed service based on  (A)  all  of
    the  customers' actual usage during the 3 years ending 90
    days prior to the date on which such customers were first
    eligible  for  delivery  services  pursuant  to   Section
    16-104,  and  (B)  on  (i)  the  base  rates in effect on
    October 1, 1996 (adjusted for the reductions required  by
    subsection  (b)  of  Section  16-111,  for  any reduction
    resulting from a rate decrease under  Section  16-101(b),
    for  any  restatement  of  base rates made in conjunction
    with  an  elimination  of  the  fuel  adjustment   clause
    pursuant  to subsection (b), (d), or (f) of Section 9-220
    and for any removal of decommissioning  costs  from  base
    rates  pursuant  to  Section  16-114)  and  any  separate
    automatic   rate   adjustment   riders   (other   than  a
    decommissioning rate as defined in Section 16-114)  under
    which  the  customers  were  receiving  or, had they been
    customers, would have received electric power and  energy
    from  the  electric  utility  during the year immediately
    preceding the date on which  such  customers  were  first
    eligible for delivery service pursuant to Section 16-104,
    or  (ii)  to  the  extent applicable, any contract rates,
    including  contracts  or  rates   for   consolidated   or
    aggregated  billing,  under  which  such  customers  were
    receiving  electric  power  and  energy from the electric
    utility during such year;
         (2)  less the amount of revenue, other than  revenue
    from  transition  charges and decommissioning rates, that
    the electric  utility  would  receive  from  such  retail
    customers  for delivery services provided by the electric
    utility, assuming such  customers  were  taking  delivery
    services  for  all  of their usage, based on the delivery
    services tariffs in effect during the year for which  the
    transition  charge  is  being calculated and on the usage
    identified in paragraph (1);
         (3)  less the market value for  the  electric  power
    and  energy  that the electric utility would have used to
    supply all of such customers' electric power  and  energy
    requirements,  as  a tariffed service, based on the usage
    identified in  paragraph  (1),  with  such  market  value
    determined in accordance with Section 16-112 of this Act;
         (4)  less  the following amount which represents the
    amount to be attributed to new revenue sources  and  cost
    reductions by the electric utility through the end of the
    period  for which transition costs are recovered pursuant
    to Section 16-108, referred to in this Article XVI  as  a
    "mitigation factor":
              (A)  for  nonresidential  retail  customers, an
         amount equal to the greater of  (i)  0.5  cents  per
         kilowatt-hour  during  the  period  October  1, 1999
         through   December   31,   2004,   0.6   cents   per
         kilowatt-hour in calendar year 2005, and  0.9  cents
         per  kilowatt-hour in calendar year 2006, multiplied
         in each year by the usage  identified  in  paragraph
         (1),  or  (ii)  an  amount  equal  to  the following
         percentages of the amount produced by  applying  the
         applicable  base  rates  (adjusted  as  described in
         subparagraph (1)(B)) or contract rate to  the  usage
         identified  in  paragraph  (1):  8%  for  the period
         October 1, 1999 through December 31,  2002,  10%  in
         calendar  years  2003 and 2004, 11% in calendar year
         2005 and 12% in calendar year 2006; and
              (B)  for  residential  retail   customers,   an
         amount  equal  to  the  following percentages of the
         amount produced by applying the base rates in effect
         on  October  1,  1996  (adjusted  as  described   in
         subparagraph  (1)(B))  to  the  usage  identified in
         paragraph (1): (i)  6%  from  May  1,  2002  through
         December  31,  2002,  (ii) 7% in calendar years 2003
         and 2004, (iii) 8% in calendar year 2005,  and  (iv)
         10% in calendar year 2006;
         (5)  divided   by   the   usage  of  such  customers
    identified in paragraph (1),
provided that the transition charge shall never be less  than
zero.
    "Unbundled service" means a component or constituent part
of a tariffed service which the electric utility subsequently
offers separately to its customers.
(Source: P.A. 90-561, eff. 12-16-97.)

    (220 ILCS 5/16-104)
    Sec.  16-104.   Delivery  services  transition  plan.  An
electric  utility  shall  provide delivery services to retail
customers in accordance with the provisions of this Section.
    (a)  Each electric utility shall offer delivery  services
to retail customers located in its service area in accordance
with the following provisions:
         (1)  On  or  before  October  1,  1999, the electric
    utility  shall  offer  delivery  services  (i)   to   any
    non-residential  retail  customer  whose  average monthly
    maximum  electrical  demand  on  the  electric  utility's
    system during the 6 months with  the  customer's  highest
    monthly  maximum demands in the 12 months ending June 30,
    1999  equals  or  exceeds  4  megawatts;  (ii)   to   any
    non-governmental,   non-residential,   commercial  retail
    customers under common ownership doing business at 10  or
    more  separate  locations  within  the electric utility's
    service area, if the aggregate coincident average monthly
    maximum electrical demand of all  such  locations  during
    the  6 months with the customer's highest monthly maximum
    electrical demands during the 12 months ending  June  30,
    1999  equals or exceeds 9.5 megawatts, provided, however,
    that an electric utility's obligation to  offer  delivery
    services  under this clause (ii) shall not exceed 3.5% of
    the maximum electric demand  on  the  electric  utility's
    system  in  the 12 months ending June 30, 1999; and (iii)
    to non-residential retail customers whose annual electric
    energy use comprises  33%  of  the  kilowatt-hour  sales,
    excluding  the kilowatt-hour sales to customers described
    in clauses (i) and (ii), to each  non-residential  retail
    customer class of the electric utility.
         (2)  On  or  before  October  1,  2000, the electric
    utility shall offer delivery  services  to  the  eligible
    governmental  customers  described in subsections (a) and
    (b)  of  Section  16-125A  if  the  aggregate  coincident
    average  monthly  maximum  electrical  demand   of   such
    customers during the 6 months with the customers' highest
    monthly  maximum  electrical demands during the 12 months
    ending June 30, 2000 equals or exceeds 9.5 megawatts.
         (2.5)  On  or  before  June  1,  2000,  an  electric
    utility serving more than  1,000,000  customers  in  this
    State  shall  offer delivery services to retail customers
    whose annual electric energy use  comprises  33%  of  the
    kilowatt  hour  sales  to  that group of retail customers
    that are classified under Division D, Groups  20  through
    39  of  the Standard Industrial Classifications set forth
    in  the   Standard   Industrial   Classification   Manual
    published  by  the United States Office of Management and
    Budget,  excluding  the  kilowatt-hour  sales  to   those
    customers   that   are  eligible  for  delivery  services
    pursuant to  clause  (1)(i),  and  shall  offer  delivery
    services  to  its  remaining  retail customers classified
    under Division D, Groups  20  through  39  on  or  before
    October 1, 2000.
         (3)  On  or  before  December 31, 2000, the electric
    utility shall offer delivery services  to  all  remaining
    nonresidential retail customers in its service area.
         (4)  On  or before May 1, 2002, the electric utility
    shall offer delivery services to all  residential  retail
    customers in its service area.
    The  loads  and  kilowatt-hour sales used for purposes of
this subsection shall be those for the 12 months ending  June
30,  1999  for  nonresidential retail customers. The electric
utility shall identify those customers to be offered delivery
service pursuant to clause (1)(iii) and  paragraph  (2.5)  of
subsection  (a) of this Section and Section 16-111(e)(B)(iii)
pursuant to  a  lottery  or  other  random  nondiscriminatory
selection   process  set  forth  in  the  electric  utility's
delivery services implementation  plan  pursuant  to  Section
16-105,  which  process  may  include  a registration process
giving  each  nonresidential  customer  the  opportunity   to
register  for  eligibility  for  delivery services under this
Section,  with  a  lottery  of  registered  customers  to  be
conducted if the annual electric energy use of all registered
customers exceeds the limit set forth in clause  (1)(iii)  or
clause  (2.5)  or  Section  16-111(e)(B)(iii), as applicable;
provided that the provision of this amendatory Act of 1999 as
it relates to the  registration  and  lottery  process  under
clause  (1)(iii)  is  not  intended  to  nor does it make any
change in the meaning of this Section,  but  is  intended  to
remove  possible ambiguities, thereby confirming the existing
meaning of this Section prior to the effective date  of  this
amendatory Act of 1999. Provided, that non-residential retail
customers under common ownership at separate locations within
the  electric  utility's service area may elect, prior to the
date the electric  utility  conducts  the  lottery  or  other
random  selection process for purposes of clause (1)(iii), to
designate themselves as  a  common  ownership  group,  to  be
excluded  from  such  lottery and to instead participate in a
separate lottery for such common ownership group pursuant  to
which  delivery  services  will be offered to non-residential
retail customers comprising 33% of  the  total  kilowatt-hour
sales  to  the common ownership group on or before October 1,
1999.  For purposes  of  this  subsection  (a),  an  electric
utility  may define "common ownership" to exclude sites which
are not part of the same business, provided,  that  auxiliary
establishments   as   defined   in  the  Standard  Industrial
Classification Manual published by the United  States  Office
of Management and Budget shall not be excluded.
    (b)  The  electric utility shall allow the aggregation of
loads that are eligible for delivery services so long as such
aggregation meets the criteria for delivery of electric power
and energy applicable to the electric utility established  by
the  regional  reliability  council  to  which  the  electric
utility   belongs,   by   an   independent  system  operating
organization to which the electric  utility  belongs,  or  by
another organization responsible for overseeing the integrity
and  reliability of the transmission system, as such criteria
are in effect from time to time.  The  Commission  may  adopt
rules  and regulations governing the criteria for aggregation
of the loads utilizing delivery services, but its failure  to
do  so shall not preclude any eligible customer from electing
delivery services.  The electric  utility  shall  allow  such
aggregation   for   any   voluntary  grouping  of  customers,
including without limitation those having a common agent with
contractual authority to purchase electric power  and  energy
and  delivery  services  on  behalf  of  all customers in the
grouping.
    (c)  An electric utility shall allow  a  retail  customer
that   generates  power  for  its  own  use  to  include  the
electrical demand obtained from the  customer's  cogeneration
or  self-generation  facilities  that  is coincident with the
retail customer's maximum monthly electrical  demand  on  the
electric   utility's  system  in  any  determination  of  the
customer's maximum monthly electrical demand for purposes  of
determining  when  such  retail  customer  shall  be  offered
delivery  services pursuant to clause (i) of subparagraph (1)
of subsection (a) of this Section.
    (d)  The Commission shall establish  charges,  terms  and
conditions  for  delivery services in accordance with Section
16-108.
    (e)  Subject  to  the  terms  and  conditions  which  the
electric utility is entitled to  impose  in  accordance  with
Section  16-108,  a retail customer that is eligible to elect
delivery services pursuant to subsection (a) may place all or
a portion of its electric power and  energy  requirements  on
delivery services.
    (f)  An  electric  utility  may require a retail customer
who elects to (i) use an alternative retail electric supplier
or another electric utility for  some  but  not  all  of  its
electric  power  or  energy  requirements,  and  (ii) use the
electric utility for any portion of  its  remaining  electric
power  and  energy requirements,  to place the portion of the
customer's electric power or energy requirement that is to be
served by the electric utility on a tariff containing charges
that are set to recover the lowest reasonably available  cost
to  the  electric  utility  of  acquiring  electric power and
energy  on  the  wholesale  electric  market  to  serve  such
remaining portion of the customer's electric power and energy
requirement, reasonable compensation for  arranging  for  and
providing  such  electric  power  or energy, and the electric
utility's other costs of providing service to such  remaining
electric power and energy requirement.
(Source: P.A. 90-561, eff. 12-16-97.)

    (220 ILCS 5/16-108)
    Sec.  16-108.  Recovery  of  costs  associated  with  the
provision of delivery services.
    (a)  An  electric  utility shall file a delivery services
tariff with the Commission at least 210  days  prior  to  the
date  that  it  is  required  to begin offering such services
pursuant to this Act.  An electric utility shall provide  the
components  of  delivery  services  that  are  subject to the
jurisdiction of the Federal Energy Regulatory  Commission  at
the  same  prices,  terms  and  conditions  set  forth in its
applicable tariff as approved or allowed into effect by  that
Commission. The Commission shall otherwise have the authority
pursuant  to  Article  IX  to review, approve, and modify the
prices, terms and conditions of those components of  delivery
services  not  subject  to  the  jurisdiction  of the Federal
Energy Regulatory  Commission,  including  the  authority  to
determine  the  extent to which such delivery services should
be offered  on  an  unbundled  basis.   In  making  any  such
determination  the  Commission  shall consider, at a minimum,
the effect of additional unbundling on (i) the  objective  of
just  and  reasonable rates, (ii) electric utility employees,
and (iii) the development of competitive markets for electric
energy services in Illinois.
    (b)  The Commission shall enter an  order  approving,  or
approving  as modified, the delivery services tariff no later
than 30 days prior to the date on which the electric  utility
must  commence  offering  such  services.  The Commission may
subsequently modify such tariff pursuant to this Act.
    (c)  The electric  utility's  tariffs  shall  define  the
classes  of  its  customers for purposes of delivery services
charges.   Delivery  services  shall  be  priced   and   made
available  to all retail customers electing delivery services
in each such class on a nondiscriminatory basis regardless of
whether the retail customer chooses the electric utility,  an
affiliate  of  the electric utility, or another entity as its
supplier of electric power and energy.  Charges for  delivery
services  shall  be  cost based, and shall allow the electric
utility to recover the costs of providing  delivery  services
through  its  charges  to its delivery service customers that
use the facilities and services associated with  such  costs.
Such  costs  shall include the costs of owning, operating and
maintaining transmission  and  distribution  facilities.  The
Commission  shall also be authorized to consider whether, and
if so to what extent, the following costs  are  appropriately
included  in  the electric utility's delivery services rates:
(i) the costs of that portion of generation  facilities  used
for  the production and absorption of reactive power in order
that retail  customers  located  in  the  electric  utility's
service  area  can  receive  electric  power  and energy from
suppliers other than the electric utility, and (ii) the costs
associated  with  the  use  and  redispatch   of   generation
facilities  to  mitigate  constraints  on the transmission or
distribution system in order that retail customers located in
the electric utility's  service  area  can  receive  electric
power  and  energy  from  suppliers  other  than the electric
utility.  Nothing in this subsection shall  be  construed  as
directing  the  Commission  to  allocate  any  of  the  costs
described  in  (i) or (ii) that are found to be appropriately
included in the electric utility's delivery services rates to
any particular customer group or geographic area  in  setting
delivery services rates.
    (d)  The  Commission  shall  establish charges, terms and
conditions for delivery services that are just and reasonable
and  shall  take   into   account   customer   impacts   when
establishing such charges. In establishing charges, terms and
conditions  for  delivery services, the Commission shall take
into account voltage level differences.   A  retail  customer
shall have the option to request to purchase electric service
at  any  delivery  service voltage reasonably and technically
feasible from the electric facilities serving that customer's
premises provided  that  there  are  no  significant  adverse
impacts  upon  system  reliability  or  system efficiency.  A
retail customer shall also have  the  option  to  request  to
purchase  electric  service  at any point of delivery that is
reasonably and technically feasible provided that  there  are
no  significant  adverse  impacts  on  system  reliability or
efficiency. Such requests shall not be unreasonably denied.
    (e)  Electric  utilities  shall  recover  the  costs   of
installing,  operating  or  maintaining  facilities  for  the
particular   benefit   of   one  or  more  delivery  services
customers, including without limitation any costs incurred in
complying with  a  customer's  request  to  be  served  at  a
different voltage level, directly from the retail customer or
customers  for  whose benefit the costs were incurred, to the
extent such costs  are  not  recovered  through  the  charges
referred to in subsections (c) and (d) of this Section.
    (f)  An  electric  utility  shall  be  entitled  but  not
required  to implement transition charges in conjunction with
the offering of delivery services pursuant to Section 16-104.
If an electric  utility  implements  transition  charges,  it
shall  implement  such  charges  for  all  delivery  services
customers  and for all customers described in subsection (h),
but shall not implement  transition  charges  for  power  and
energy  that  a  retail  customer  takes from cogeneration or
self-generation facilities located on that retail  customer's
premises, if such facilities meet the following criteria:
         (i)  the  cogeneration or self-generation facilities
    serve a single retail customer and are  located  on  that
    retail   customer's   premises   (for  purposes  of  this
    subparagraph and  subparagraph  (ii),  an  industrial  or
    manufacturing   retail   customer   and   a  third  party
    contractor  that  is  served  by   such   industrial   or
    manufacturing customer through such retail customer's own
    electrical     distribution    facilities    under    the
    circumstances  described  in  subsection  (vi)   of   the
    definition  of "alternative retail electric supplier" set
    forth in Section 16-102, shall  be  considered  a  single
    retail customer);
         (ii)  the cogeneration or self-generation facilities
    either  (A)  are  sized  pursuant  to  generally accepted
    engineering   standards   for   the   retail   customer's
    electrical load at that  premises  (taking  into  account
    standby  or  other  reliability considerations related to
    that retail customer's operations at that site) or (B) if
    the facility is a cogeneration facility  located  on  the
    retail  customer's  premises,  the retail customer is the
    thermal host for that facility and the facility has  been
    designed  to  meet  that retail customer's thermal energy
    requirements resulting in electrical output  beyond  that
    retail  customer's  electrical  demand  at that premises,
    comply  with  the  operating  and  efficiency   standards
    applicable  to "qualifying facilities" specified in title
    18 Code of Federal  Regulations  Section  292.205  as  in
    effect  on  the  effective date of this amendatory Act of
    1999;
         (iii)  the retail customer  on  whose  premises  the
    facilities  are  located either has an exclusive right to
    receive, and corresponding obligation to pay for, all  of
    the  electrical  capacity of the facility, or in the case
    of a cogeneration facility that has been designed to meet
    the retail customer's thermal energy requirements at that
    premises, an identified amount of the electrical capacity
    of the facility, over a minimum 5-year period; and
         (iv)  if the cogeneration facility is sized for  the
    retail  customer's  thermal  load  at  that  premises but
    exceeds the electrical load, any sales of excess power or
    energy are made only at wholesale,  are  subject  to  the
    jurisdiction of the Federal Energy Regulatory Commission,
    and   are  not  for  the  purpose  of  circumventing  the
    provisions of this subsection (f).
If a generation  facility  located  at  a  retail  customer's
premises  does  not  meet  the  above  criteria,  an electric
utility implementing transition  charges  shall  implement  a
transition  charge  until December 31, 2006 for any power and
energy taken by such retail customer from such facility as if
such power and energy had  been  delivered  by  the  electric
utility.    Provided,  however,  that  an  industrial  retail
customer that is taking power from a generation facility that
does not meet the above criteria but that is located on  such
customer's  premises  will  not  be  subject  to a transition
charge for the power and energy taken by such retail customer
from such generation facility if the facility does not  serve
any  other retail customer and either was installed on behalf
of the customer and for its own use prior to January 1, 1997,
or  is  both  predominantly  fueled  by  byproducts  of  such
customer's manufacturing process at such premises  and  sells
or  offers an average of 300 megawatts or more of electricity
produced from such generation  facility  into  the  wholesale
market.  Such  charges  shall  be  calculated  as provided in
Section 16-102, and shall be collected on each  kilowatt-hour
delivered  under  a  delivery  services  tariff  to  a retail
customer from the date  the  customer  first  takes  delivery
services  until  December  31,  2006  except  as  provided in
subsection (h) of this Section. Provided,  however,  that  an
electric  utility,  other  than an electric utility providing
service to at least 1,000,000  customers  in  this  State  on
January  1,  1999, shall be entitled to petition for entry of
an order by the Commission authorizing the  electric  utility
to  implement  transition  charges  for  an additional period
ending no later than December 31, 2008.  The electric utility
shall file its petition with supporting evidence  no  earlier
than  16  months,  and  no  later  than  12  months, prior to
December 31, 2006.  The Commission shall hold  a  hearing  on
the  electric utility's petition and shall enter its order no
later than  8  months  after  the  petition  is  filed.   The
Commission  shall  determine  whether  and to what extent the
electric utility shall be authorized to implement  transition
charges   for  an  additional  period.   The  Commission  may
authorize  the  electric  utility  to  implement   transition
charges  for  some or all of the additional period, and shall
determine the mitigation factors to be used  in  implementing
such  transition charges; provided, that the Commission shall
not authorize mitigation factors less than 110% of  those  in
effect  during  the  12  months  ended December 31, 2006.  In
making its determination, the Commission shall  consider  the
following  factors:   the  necessity  to implement transition
charges for an additional period in  order  to  maintain  the
financial  integrity of the electric utility; the prudence of
the electric utility's actions in reducing  its  costs  since
the  effective  date  of  this  amendatory  Act  of 1997; the
ability of the electric utility to provide safe, adequate and
reliable service to retail customers in its service area; and
the impact on competition of allowing the electric utility to
implement transition charges for the additional period.
    (g)  The  electric  utility  shall  file   tariffs   that
establish  the transition charges to be paid by each class of
customers to the electric utility  in  conjunction  with  the
provision   of  delivery  services.  The  electric  utility's
tariffs  shall  define  the  classes  of  its  customers  for
purposes of  calculating  transition  charges.  The  electric
utility's  tariffs  shall  provide  for  the  calculation  of
transition  charges  on  a  customer-specific  basis  for any
retail customer  whose  average  monthly  maximum  electrical
demand  on  the electric utility's system during the 6 months
with  the  customer's  highest  monthly  maximum   electrical
demands   equals   or  exceeds  3.0  megawatts  for  electric
utilities having more than 1,000,000 customers, and for other
electric utilities for  any  customer  that  has  an  average
monthly  maximum  electrical demand on the electric utility's
system of one megawatt or  more,  and  (A)  for  which  there
exists  data  on  the  customer's  usage  during  the 3 years
preceding the date that the customer became eligible to  take
delivery services, or (B) for which there does not exist data
on the customer's usage during the 3 years preceding the date
that  the customer became eligible to take delivery services,
if in the electric utility's reasonable judgment there exists
comparable usage information or a sufficient basis to develop
such information, and  further  provided  that  the  electric
utility   can  require  customers  for  which  an  individual
calculation is made to sign  contracts  that  set  forth  the
transition charges to be paid by the customer to the electric
utility pursuant to the tariff.
    (h)  An  electric  utility shall also be entitled to file
tariffs that allow it  to  collect  transition  charges  from
retail  customers in the electric utility's service area that
do not take delivery services but that take electric power or
energy from an alternative retail electric supplier  or  from
an  electric utility other than the electric utility in whose
service area the customer is located.  Such charges shall  be
calculated,  in  accordance with the definition of transition
charges in Section 16-102, for the period of  time  that  the
customer  would  be obligated to pay transition charges if it
were taking delivery services, except that no  deduction  for
delivery services revenues shall be made in such calculation,
and  usage data from the customer's class shall be used where
historical usage data is not  available  for  the  individual
customer.   The  customer  shall  be  obligated  to  pay such
charges on a lump sum basis on or before the  date  on  which
the  customer  commences to take service from the alternative
retail electric supplier or other electric utility, provided,
that the electric utility in whose service area the  customer
is  located  shall offer the customer the option of signing a
contract pursuant to which the  customer  pays  such  charges
ratably  over the period in which the charges would otherwise
have applied.
    (i)  An electric utility shall be entitled to add to  the
bills  of  delivery  services  customers  charges pursuant to
Sections  9-221,  9-222  (except  as  provided   in   Section
9-222.1),  and Section 16-114 of this Act, Section 5-5 of the
Electricity Infrastructure Maintenance Fee Law,  Section  6-5
of   the   Renewable  Energy,  Energy  Efficiency,  and  Coal
Resources Development Law of 1997,  and  Section  13  of  the
Energy Assistance Act of 1989.
    (j)  If a retail customer that obtains electric power and
energy   from   cogeneration  or  self-generation  facilities
installed for its own use  on  or  before  January  1,  1997,
subsequently   takes   service  from  an  alternative  retail
electric supplier or  an  electric  utility  other  than  the
electric  utility  in  whose  service  area  the  customer is
located for any portion of the customer's electric power  and
energy  requirements  formerly obtained from those facilities
(including that amount purchased from the utility in lieu  of
such  generation  and not as standby power purchases, under a
cogeneration  displacement  tariff  in  effect  as   of   the
effective   date   of  this  amendatory  Act  of  1997),  the
transition   charges   otherwise   applicable   pursuant   to
subsections (f), (g), or (h) of this  Section  shall  not  be
applicable  in  any  year  to  that portion of the customer's
electric power and energy requirements formerly obtained from
those  facilities,  provided,  that  for  purposes  of   this
subsection  (j),  such  portion  shall not exceed the average
number  of  kilowatt-hours  per  year   obtained   from   the
cogeneration or self-generation facilities during the 3 years
prior  to  the date on which the customer became eligible for
delivery services, except as provided in  subsection  (f)  of
Section 16-110.
(Source: P.A. 90-561, eff. 12-16-97.)

    (220 ILCS 5/16-110)
    Sec.  16-110.  Delivery  services customer power purchase
options.
    (a)  Each electric utility shall offer a tariffed service
or services in accordance with the terms and  conditions  set
forth  in  this Section pursuant to which its non-residential
delivery services customers may purchase  from  the  electric
utility  an amount of electric power and energy that is equal
to or less than  the  amounts  that  are  delivered  by  such
electric utility.
    (b)  Except  as  provided  in  subsection  (o) of Section
16-112, a non-residential delivery services customer that  is
paying  transition  charges  to the electric utility shall be
permitted to purchase electric  power  and  energy  from  the
electric utility at a price or prices equal to the sum of (i)
the  market  values  that  are  determined  for  the electric
utility in accordance with Section 16-112  and  used  by  the
electric  utility  to  calculate  the  customer's  transition
charges  and (ii) a fee that compensates the electric utility
for any administrative costs it incurs in arranging to supply
such electric power and energy.   The  electric  utility  may
require  that  the  customer purchase such electric power and
energy for periods of not less than one  year  and  may  also
require  that  the  customer  give up to 30 days notice for a
purchase of one year's duration, and 90  days  notice  for  a
purchase of more than one year's duration.  A non-residential
delivery  service customer exercising the option described in
this subsection may sell  or  assign  its  interests  in  the
electric  power or energy that the customer has purchased. In
the  case  of  any   such   assignment   or   sale   by   any
non-residential  delivery  service customer to an alternative
retail electric supplier that is serving  such  customer  and
has  been  certified  pursuant to Section 16-115, an electric
utility serving more than  500,000  customers  shall  provide
such  power  and energy at the same market value as set forth
in clause (i) of  this  subsection,  together  with  the  fee
charged  under clause (ii) of this subsection, less any costs
included in such market value or fee with respect  to  retail
marketing  activities,  provided,  however,  that in no event
shall an electric utility be required after June 1,  2002  to
provide  power  and energy at this market value plus fee that
excludes marketing costs for any such assignment or sale by a
non-residential customer to an  alternative  retail  electric
supplier.  At  least  twice  per  year, each electric utility
shall notify its small commercial retail  customers,  through
bill  inserts  and  other  similar  means, of their option to
obtain electric power and energy through purchases at  market
value pursuant to this subsection.
    (c)  After  the  transition charge period applicable to a
non-residential delivery services  customer,  and  until  the
provision   of   electric   power   and  energy  is  declared
competitive for the customer  group  to  which  the  customer
belongs,  a  non-residential  delivery services customer that
paid any transition charges it was legally obligated  to  pay
to  an  electric  utility  shall  be  permitted  to  purchase
electric  power  and  energy  from  the  electric utility for
contract periods of one year at a price or  prices  equal  to
the   sum  of  (i)  the  market  value  determined  for  that
customer's class pursuant to Section 16-112 and (ii)  to  the
extent  it  is  not  included  in such market value, a fee to
compensate the electric utility for the service of  arranging
the  supply  or  purchase  of such electric power and energy.
The electric utility may require  that  a  delivery  services
customer  give  the following notice for such a purchase: (i)
for a small commercial retail  customer,  not  more  than  30
days; (ii) for a nonresidential customer which is not a small
commercial  retail  customer but which has maximum electrical
demand of less than 500 kilowatts, not more  than  6  months;
(iii)  for  a nonresidential customer with maximum electrical
demand of 500 kilowatts or more but less than  one  megawatt,
not  more  than  9  months;  and  (iv)  for  a nonresidential
customer with maximum electrical demand of  one  megawatt  or
more,  not  more than one year. At least twice per year, each
electric utility shall notify  its  small  commercial  retail
customers,  through  bill  inserts or other similar means, of
their option to obtain  electric  power  and  energy  through
purchases at market value pursuant to this subsection.
    (d)  After  the  transition charge period applicable to a
non-residential delivery services  customer,  and  until  the
provision   of   electric   power   and  energy  is  declared
competitive for the customer  group  to  which  the  customer
belongs,  a non-residential delivery services customer, other
than a  small  commercial  retail  customer,  that  paid  any
transition  charges  it  was  legally  obligated to pay to an
electric utility shall  be  permitted  to  purchase  electric
power  and  energy  from  the  electric  utility for contract
periods of one year at a price or prices equal to (A) the sum
of (i) the electric utility's actual cost of  procuring  such
electric  power  and  energy  and  (ii)  a  broker's  fee  to
compensate the electric utility for arranging the supply, or,
if  the  utility  so elects, (B) the market value of electric
power or energy provided by the electric  utility  determined
as  set  forth  in  the  electric  utility's  tariff for that
customer's class.  The electric utility may require that  the
delivery services customer give up to 30 days notice for such
a purchase.
    (e)  Each  delivery services customer purchasing electric
power and energy from the  electric  utility  pursuant  to  a
tariff  filed  in accordance with this Section shall also pay
all of the applicable  charges  set  forth  in  the  electric
utility's  delivery  services  tariffs  and any other tariffs
applicable to the services provided to that customer  by  the
electric utility.
    (f)  An  electric  utility  can require a retail customer
taking delivery services  that  formerly  generated  electric
power and energy for its own use and that would not otherwise
pay transition charges on a portion of its electric power and
energy  requirements  served  on  delivery  services  to  pay
transition charges on that portion of the customer's electric
power  and  energy  requirements as a condition of exercising
the delivery services customer  power  purchase  options  set
forth in this Section.
(Source: P.A. 90-561, eff. 12-16-97.)

    (220 ILCS 5/16-111)
    Sec.  16-111. Rates and restructuring transactions during
mandatory transition period.
    (a)  During    the    mandatory    transition     period,
notwithstanding  any provision of Article IX of this Act, and
except as provided in subsections (b), (d), (e), and  (f)  of
this   Section,   the  Commission  shall  not  (i)  initiate,
authorize or order any change by way of increase (other  than
in  connection  with  a  request  for rate increase which was
filed after September 1, 1997 but prior to October 15,  1997,
by  an electric utility serving less than 12,500 customers in
this state),  (ii)  initiate  or,  unless  requested  by  the
electric  utility,  authorize  or  order any change by way of
decrease, restructuring or unbundling (except as provided  in
Section  16-109A),  in the rates of any electric utility that
were in effect on October 1, 1996,  or  (iii)  in  any  order
approving  any  application  for a merger pursuant to Section
7-204 that was  pending  as  of  May  16,  1997,  impose  any
condition  requiring any filing for an increase, decrease, or
change in, or other review of, an electric utility's rates or
enforce any such  condition  of  any  such  order;  provided,
however,   that   this  subsection  shall  not  prohibit  the
Commission from:
         (1)  approving  the  application  of   an   electric
    utility  to  implement  an  alternative to rate of return
    regulation or a  regulatory  mechanism  that  rewards  or
    penalizes  the  electric  utility  through  adjustment of
    rates based on utility performance, pursuant  to  Section
    9-244;
         (2)  authorizing  an  electric  utility to eliminate
    its fuel adjustment  clause  and  adjust  its  base  rate
    tariffs in accordance with subsection (b), (d), or (f) of
    Section  9-220  of  this  Act, to fix its fuel adjustment
    factor in accordance with subsection (c) of Section 9-220
    of this Act, or to eliminate its fuel  adjustment  clause
    in  accordance  with  subsection  (e) of Section 9-220 of
    this Act;
         (3)  ordering  into  effect  tariffs  for   delivery
    services   and  transition  charges  in  accordance  with
    Sections 16-104 and  16-108,  for  real-time  pricing  in
    accordance  with  Section 16-107, or the options required
    by Section 16-110 and subsection  (n) of 16-112, allowing
    a billing experiment in accordance with  Section  16-106,
    or modifying delivery services tariffs in accordance with
    Section 16-109; or
         (4)  ordering  or allowing into effect any tariff to
    recover charges pursuant to  Sections  9-201.5,  9-220.1,
    9-221,  9-222  (except  as  provided in Section 9-222.1),
    16-108, and 16-114  of  this  Act,  Section  5-5  of  the
    Electricity  Infrastructure  Maintenance Fee Law, Section
    6-5 of the Renewable Energy, Energy Efficiency, and  Coal
    Resources  Development Law of 1997, and Section 13 of the
    Energy Assistance Act of 1989.
    (b)  Notwithstanding the provisions  of  subsection  (a),
each  Illinois  electric  utility  serving  more  than 12,500
customers  in  Illinois  shall  file  tariffs  (i)  reducing,
effective August 1, 1998, each component of its base rates to
residential retail customers by 15% from the  base  rates  in
effect  immediately  prior to January 1, 1998 and (ii) if the
public utility provides electric service  to  (A)  more  than
500,000  customers  but less than 1,000,000 customers in this
State  on  January  1,  1999  the  effective  date  of   this
amendatory Act of 1997, reducing, effective May 1, 2002, each
component  of  its base rates to residential retail customers
by an additional 5% from the base rates in effect immediately
prior to January 1, 1998, or (B) at least 1,000,000 customers
in this State on January 1, 1999, reducing, effective October
1, 2001, each component of  its  base  rates  to  residential
retail  customers  by an additional 5% from the base rates in
effect  immediately  prior  to  January  1,  1998.  Provided,
however,  that  (A)  if   an   electric   utility's   average
residential  retail rate is less than or equal to the average
residential retail rate for  a  group  of  Midwest  Utilities
(consisting  of  all  investor-owned  electric utilities with
annual system peaks in excess of 1000 megawatts in the States
of Illinois, Indiana,  Iowa,  Kentucky,  Michigan,  Missouri,
Ohio, and Wisconsin), based on data reported on Form 1 to the
Federal  Energy Regulatory Commission for calendar year 1995,
then it shall only be required to file tariffs (i)  reducing,
effective August 1, 1998, each component of its base rates to
residential  retail  customers  by  5% from the base rates in
effect immediately prior to January 1, 1998,  (ii)  reducing,
effective  October  1, 2000, each component of its base rates
to residential retail customers by the lesser of  5%  of  the
base  rates in effect immediately prior to January 1, 1998 or
the  percentage  by  which  the  electric  utility's  average
residential  retail  rate  exceeds  the  average  residential
retail rate of the Midwest Utilities, based on data  reported
on  Form  1  to  the Federal Energy Regulatory Commission for
calendar year 1999, and (iii) reducing, effective October  1,
2002,  each component of its base rates to residential retail
customers by an additional amount equal to the lesser  of  5%
of  the  base rates in effect immediately prior to January 1,
1998 or  the  percentage  by  which  the  electric  utility's
average   residential   retail   rate   exceeds  the  average
residential retail rate of the Midwest  Utilities,  based  on
data  reported  on  Form  1  to the Federal Energy Regulatory
Commission for calendar year 2001; and  (B)  if  the  average
residential  retail  rate  of  an  electric  utility  serving
between 150,000 and 250,000 retail customers in this State on
January  1,  1995 is less than or equal to 90% of the average
residential retail rate for the Midwest Utilities,  based  on
data  reported  on  Form  1  to the Federal Energy Regulatory
Commission for calendar year 1995,  then  it  shall  only  be
required  to  file  tariffs (i) reducing, effective August 1,
1998, each component of its base rates to residential  retail
customers  by  2%  from  the base rates in effect immediately
prior to January 1, 1998; (ii) reducing, effective October 1,
2000, each component of its base rates to residential  retail
customers  by  2%  from  the  base rate in effect immediately
prior to January  1,  1998;  and  (iii)  reducing,  effective
October  1,  2002,  each  component  of  its  base  rates  to
residential  retail  customers  by  1% from the base rates in
effect  immediately  prior  to  January  1,  1998.  Provided,
further, that any electric utility for which  a  decrease  in
base  rates has been or is placed into effect between October
1, 1996 and the dates specified in the preceding sentences of
this subsection, other than pursuant to the  requirements  of
this  subsection,  shall  be entitled to reduce the amount of
any reduction or reductions in its  base  rates  required  by
this  subsection  by  the  amount of such other decrease. The
tariffs required under this subsection shall be filed 45 days
in advance of the effective date. Notwithstanding anything to
the contrary in Section 9-220 of this Act, no restatement  of
base  rates  in  conjunction  with  the elimination of a fuel
adjustment clause under that Section shall result in a lesser
decrease in base rates than customers would otherwise receive
under  this  subsection  had  the  electric  utility's   fuel
adjustment clause not been eliminated.
    (c)  Any utility reducing its base rates by 15% on August
1,   1998  pursuant  to  subsection  (b)  shall  include  the
following statement on its bills  for  residential  customers
from August 1 through December 31, 1998: "Effective August 1,
1998,  your  rates  have  been reduced by 15% by the Electric
Service Customer Choice and Rate Relief Law of 1997 passed by
the Illinois General Assembly.".  Any  utility  reducing  its
base  rates  by  5% on August 1, 1998, pursuant to subsection
(b) shall include the following statement on  its  bills  for
residential  customers  from  August  1  through December 31,
1998:  "Effective  August  1,  1998,  your  rates  have  been
reduced  by  5%  by  the Electric Service Customer Choice and
Rate Relief Law  of  1997  passed  by  the  Illinois  General
Assembly.".
    Any  utility  reducing  its base rates by 2% on August 1,
1998 pursuant to subsection (b) shall include  the  following
statement  on its bills for residential customers from August
1 through December 31, 1998: "Effective August 1, 1998,  your
rates  have  been  reduced  by  2%  by  the  Electric Service
Customer Choice and Rate Relief Law of  1997  passed  by  the
Illinois General Assembly.".
    (d)  During  the  mandatory  transition  period,  but not
before January 1, 2000, and notwithstanding   the  provisions
of  subsection  (a),  an  electric  utility  may  request  an
increase   in   its   base  rates  if  the  electric  utility
demonstrates that the 2-year average of its  earned  rate  of
return  on  common  equity,  calculated  as  its  net  income
applicable  to  common  stock  divided  by the average of its
beginning and ending balances of  common  equity  using  data
reported  in  the  electric  utility's  Form  1 report to the
Federal Energy Regulatory Commission but adjusted  to  remove
the  effects  of  accelerated depreciation or amortization or
other transition or mitigation measures  implemented  by  the
electric  utility  pursuant to subsection (g) of this Section
and the effect of any refund paid pursuant to subsection  (e)
of  this  Section, is below the 2-year average for the same 2
years of the monthly average yields of 30-year  U.S. Treasury
bonds published by the Board of Governors  of  the    Federal
Reserve  System  in  its  weekly  H.15 Statistical Release or
successor  publication.  The  Commission  shall  review   the
electric  utility's  request, and may review the justness and
reasonableness  of  all  rates  for  tariffed  services,   in
accordance  with  the  provisions  of Article IX of this Act,
provided that the Commission shall consider  any  special  or
negotiated  adjustments  to the revenue requirement agreed to
between the electric utility and the  other  parties  to  the
proceeding.    In  setting  rates  under  this  Section,  the
Commission shall exclude the  costs  and  revenues  that  are
associated  with  competitive  services  and  any  billing or
pricing experiments conducted under Section 16-106.
    (e)  For  the  purposes  of  this  subsection   (e)   all
calculations  and  comparisons  shall  be  performed  for the
Illinois operations of multijurisdictional utilities.  During
the  mandatory   transition   period,   notwithstanding   the
provisions  of  subsection  (a),  if the 2-year average of an
electric utility's earned rate of return  on  common  equity,
calculated  as  its  net  income  applicable  to common stock
divided by the average of its beginning and  ending  balances
of   common  equity  using  data  reported  in  the  electric
utility's Form 1 report  to  the  Federal  Energy  Regulatory
Commission  but  adjusted  to remove the effect of any refund
paid under this  subsection  (e),  and  further  adjusted  to
include the annual amortization of any difference between the
consideration  received  by  an  affiliated  interest  of the
electric utility in the sale of an asset which had been  sold
or  transferred  by  the  electric  utility to the affiliated
interest subsequent to the effective date of this  amendatory
Act  of  1997  and the consideration for which such asset had
been sold or transferred to  the  affiliated  interest,  with
such  difference to be amortized ratably from the date of the
sale by the affiliated interest to December 31, 2006, exceeds
the 2-year average of the Index for the same 2 years  by  1.5
or  more  percentage  points, the electric utility shall make
refunds to customers beginning the first billing day of April
in the following year in the manner  described  in  paragraph
(3)  of this subsection. For purposes of this subsection (e),
the "Index" shall be the sum of (A) the average  for  the  12
months  ended  September  30 of the monthly average yields of
30-year  U.S.  Treasury  bonds  published  by  the  Board  of
Governors of the Federal Reserve System in  its  weekly  H.15
Statistical  Release  or  successor publication for each year
1998 through 2004, and (B) (i)  4.00  percentage  points  for
each  of  the  12-month  periods  ending  September  30, 1998
through September 30, 1999 or 8.00 percentage points  if  the
electric  utility's  average  residential retail rate is less
than or equal to 90% of the average residential  retail  rate
for  the  "Midwest  Utilities",  as  that  term is defined in
subsection (b) of this Section, based  on  data  reported  on
Form  1  to  the  Federal  Energy  Regulatory  Commission for
calendar year 1995, and the electric utility  served  between
150,000  and  250,000 retail customers on January 1, 1995, or
(ii) 7.00 5.00 percentage points for  each  of  the  12-month
periods  ending September 30, 2000 through September 30, 2004
if the electric utility was providing  service  to  at  least
1,000,000 customers in this State on January 1, 1999, or 9.00
percentage   points   if   the   electric  utility's  average
residential retail rate is less than or equal to 90%  of  the
average  residential retail rate for the "Midwest Utilities",
as that term is defined in subsection (b)  of  this  Section,
based  on  data  reported  on  Form  1  to the Federal Energy
Regulatory Commission for calendar year 1995 and the electric
utility served between 150,000 and 250,000  retail  customers
in  this  State  on  January  1, 1995, (iii) 11.00 percentage
points for each of the 12-month periods ending September  30,
2000  through  September  30,  2004, but only if the electric
utility's average residential retail rate  is  less  than  or
equal  to  90% of the average residential retail rate for the
"Midwest Utilities", as that term is  defined  in  subsection
(b)  of this Section, based on data reported on Form 1 to the
Federal Energy Regulatory Commission for calendar year  1995,
the  electric  utility  served  between  150,000  and 250,000
retail customers in this State on January 1,  1995,  and  the
electric  utility  offers delivery services on or before June
1, 2000 to retail customers whose annual electric energy  use
comprises  33%  of  the  kilowatt hour sales to that group of
retail customers that are classified under Division D, Groups
20 through 39 of the Standard Industrial Classifications  set
forth   in  the  Standard  Industrial  Classification  Manual
published by the  United  States  Office  of  Management  and
Budget,  excluding the kilowatt hour sales to those customers
that are eligible for delivery services pursuant  to  Section
16-104(a)(1)(i),   and   offers   delivery  services  to  its
remaining  retail  customers  classified  under  Division  D,
Groups 20 through 39 on  or  before  October  1,  2000,  and,
provided  further,  that  the electric utility commits not to
petition pursuant to Section 16-108(f) for entry of an  order
by   the  Commission  authorizing  the  electric  utility  to
implement transition charges for an additional  period  after
December 31, 2006, or (iv) 5.00 percentage points for each of
the  12-month  periods  ending  September  30,  2000  through
September  30,  2004 for all other electric utilities or 7.00
percentage points for such utilities for each of the 12-month
periods ending September 30, 2000 through September 30,  2004
for any such utility that commits not to petition pursuant to
Section  16-108(f)  for  entry  of an order by the Commission
authorizing the  electric  utility  to  implement  transition
charges for an additional period after December 31, 2006.
         (1)  For  purposes  of  this subsection (e), "excess
    earnings" means the difference  between  (A)  the  2-year
    average  of  the electric utility's earned rate of return
    on common equity, less (B) the 2-year average of the  sum
    of  (i)  the  Index applicable to each of the 2 years and
    (ii)  1.5  percentage  points;  provided,  that   "excess
    earnings" shall never be less than zero.
         (2)  On or before March 31 of each year 2000 through
    2005  each  electric utility shall file a report with the
    Commission showing its earned rate of  return  on  common
    equity,  calculated  in  accordance with this subsection,
    for the preceding calendar year and the average  for  the
    preceding 2 calendar years.
         (3)  If  an  electric  utility  has excess earnings,
    determined in accordance with paragraphs (1) and  (2)  of
    this  subsection,  the refunds which the electric utility
    shall pay  to its customers beginning the  first  billing
    day  of  April  in the following year shall be calculated
    and applied as follows:
              (i)  The  electric  utility's  excess  earnings
         shall be multiplied by the average of the  beginning
         and ending balances of the electric utility's common
         equity   for  the  2-year  period  in  which  excess
         earnings occurred.
              (ii)  The result  of  the  calculation  in  (i)
         shall  be  multiplied  by 0.50 and then divided by a
         number equal  to  1  minus  the  electric  utility's
         composite federal and State income tax rate.
              (iii)  The  result  of  the calculation in (ii)
         shall  be  divided  by  the  sum  of  the   electric
         utility's  projected  total  kilowatt-hour  sales to
         retail customers plus projected kilowatt-hours to be
         delivered to delivery services customers over a  one
         year period beginning with the first billing date in
         April  in  the  succeeding year to determine a cents
         per kilowatt-hour refund factor.
              (iv)  The cents per kilowatt-hour refund factor
         calculated  in  (iii)  shall  be  credited  to   the
         electric  utility's customers by applying the factor
         on   the   customer's   monthly   bills   to    each
         kilowatt-hour  sold  or  delivered  until  the total
         amount  calculated  in  (ii)  has   been   paid   to
         customers.
    (f)  During  the mandatory transition period, an electric
utility may file revised tariffs reducing the  price  of  any
tariffed  service  offered  by  the  electric utility for all
customers  taking  that  tariffed  service,  which  shall  be
effective 7 days after filing.
    (g)  During the mandatory transition period, an  electric
utility may, without obtaining any approval of the Commission
other   than   that  provided  for  in  this  subsection  and
notwithstanding any other provision of this Act or  any  rule
or  regulation  of  the  Commission  that  would require such
approval:
         (1)  implement a reorganization, other than a merger
    of 2 or more public utilities as defined in Section 3-105
    or their holding companies;
         (2)  retire generating plants from service;
         (3)  sell,  assign,  lease  or  otherwise   transfer
    assets  to  an  affiliated  or unaffiliated entity and as
    part of such transaction enter into  service  agreements,
    power  purchase  agreements, or other agreements with the
    transferee; provided, however, that the prices, terms and
    conditions  of  any  power  purchase  agreement  must  be
    approved or allowed into effect  by  the  Federal  Energy
    Regulatory Commission; or
         (4)  use   any   accelerated  cost  recovery  method
    including    accelerated    depreciation,     accelerated
    amortization or other capital recovery methods, or record
    reductions to the original cost of its assets.
    In order to implement a reorganization, retire generating
plants  from  service,  or  sell,  assign, lease or otherwise
transfer  assets  pursuant  to  this  Section,  the  electric
utility shall comply with subsections (c) and (d) of  Section
16-128, if applicable, and subsection (k) of this Section, if
applicable,  and provide the Commission with at least 30 days
notice of the proposed reorganization or  transaction,  which
notice shall include the following information:
              (i)  a  complete  statement of the entries that
         the electric utility will  make  on  its  books  and
         records   of   account  to  implement  the  proposed
         reorganization  or  transaction  together   with   a
         certification  from  an independent certified public
         accountant that such  entries  are  in  accord  with
         generally accepted accounting principles and, if the
         Commission  has  previously  approved guidelines for
         cost  allocations  between  the  utility   and   its
         affiliates,   a   certification   from   the   chief
         accounting  officer of the utility that such entries
         are in accord with those cost allocation guidelines;
              (ii)  a description of how the electric utility
         will use proceeds of any sale, assignment, lease  or
         transfer  to  retire  debt  or  otherwise  reduce or
         recover the  costs  of  services  provided  by  such
         electric utility;
              (iii)  a  list  of  all  federal  approvals  or
         approvals  required from departments and agencies of
         this State, other  than  the  Commission,  that  the
         electric   utility   has   or   will  obtain  before
         implementing the reorganization or transaction;
              (iv)  an irrevocable commitment by the electric
         utility that  it  will  not,  as  a  result  of  the
         transaction,  impose  any stranded cost charges that
         it might  otherwise  be  allowed  to  charge  retail
         customers   under   federal   law  or  increase  the
         transition charges that it is otherwise entitled  to
         collect under this Article XVI; and
              (v)  if  the electric utility proposes to sell,
         assign, lease or  otherwise  transfer  a  generating
         plant  that  brings  the  amount  of  net dependable
         generating capacity  transferred  pursuant  to  this
         subsection to an amount equal to or greater than 15%
         of the electric utility's net dependable capacity as
         of  the  effective  date  of  this amendatory Act of
         1997, and enters into  a  power  purchase  agreement
         with  the  entity  to which such generating plant is
         sold, assigned, leased,  or  otherwise  transferred,
         the  electric  utility  also  agrees,  if   its fuel
         adjustment clause has not already  been  eliminated,
         to   eliminate   its   fuel   adjustment  clause  in
         accordance with subsection (b) of Section 9-220  for
         a  period  of  time  equal to the length of any such
         power purchase agreement or successor agreement,  or
         until  January  1, 2005, whichever is longer; if the
         capacity of the generating plant so transferred  and
         related  power purchase agreement does not result in
         the elimination of the fuel adjustment clause  under
         this  subsection, and the fuel adjustment clause has
         not already been eliminated,  the  electric  utility
         shall  agree  that  the  costs  associated  with the
         transferred  plant  that   are   included   in   the
         calculation  of  the  rate  per  kilowatt-hour to be
         applied pursuant  to  the  electric  utility's  fuel
         adjustment  clause  during  such  period  shall  not
         exceed  the  per  kilowatt-hour cost associated with
         such  generating  plant  included  in  the  electric
         utility's fuel adjustment  clause  during  the  full
         calendar  year  preceding  the  transfer,  with such
         limit to be  adjusted each year  thereafter  by  the
         Gross Domestic Product Implicit Price Deflator.
              (vi)  In  addition,  if  the  electric  utility
         proposes  to  sell, assign, or lease, (A) either (1)
         an amount of generating plant that brings the amount
         of net dependable  generating  capacity  transferred
         pursuant to this subsection to an amount equal to or
         greater  than  15% of its net dependable capacity on
         the effective date of this amendatory Act  of  1997,
         or  (2)  one  or more generating plants with a total
         net dependable capacity of 1100  megawatts,  or  (B)
         transmission and distribution facilities that either
         (1)   bring   the   amount   of   transmission   and
         distribution facilities transferred pursuant to this
         subsection to an amount equal to or greater than 15%
         of the electric utility's total depreciated original
         cost investment in such facilities, or (2) represent
         an  investment  of  $25,000,000  in  terms  of total
         depreciated  original  cost,  the  electric  utility
         shall provide, in addition to the information listed
         in subparagraphs  (i)  through  (v),  the  following
         information:  (A)  a description of how the electric
         utility will meet its service obligations under this
         Act in a  safe  and  reliable  manner  and  (B)  the
         electric  utility's  projected earned rate of return
         on common  equity,  calculated  in  accordance  with
         subsection  (d)  of this Section, for each year from
         the date of the notice  through  December  31,  2004
         both  with and without the proposed transaction.  If
         the Commission has not issued an order initiating  a
         hearing  on  the proposed transaction within 30 days
         after the date  the  electric  utility's  notice  is
         filed,  the  transaction  shall  be deemed approved.
         The  Commission  may,  after  notice  and   hearing,
         prohibit the proposed transaction if it makes either
         or  both  of  the  following  findings: (1) that the
         proposed  transaction  will  render   the   electric
         utility unable to provide its tariffed services in a
         safe  and  reliable  manner,  or (2) that there is a
         strong likelihood that consummation of the  proposed
         transaction  will  result  in  the  electric utility
         being entitled to request an increase  in  its  base
         rates   during   the   mandatory  transition  period
         pursuant to subsection (d)  of  this  Section.   Any
         hearing   initiated   by  the  Commission  into  the
         proposed transaction shall  be  completed,  and  the
         Commission's  final  order  approving or prohibiting
         the proposed transaction shall be entered, within 90
         days after the date the  electric  utility's  notice
         was   filed.   Provided,   however,   that  a  sale,
         assignment, or lease of transmission  facilities  to
         an   independent  system  operator  that  meets  the
         requirements of Section 16-126 shall not be  subject
         to Commission approval under this Section.
              In  any  proceeding conducted by the Commission
         pursuant to  this  subparagraph  (vi),  intervention
         shall  be  limited to parties with a direct interest
         in the transaction  which  is  the  subject  of  the
         hearing and any statutory consumer protection agency
         as  defined  in  subsection  (d) of Section 9-102.1.
         Notwithstanding the provisions of Section 10-113  of
         this  Act,  any  application seeking rehearing of an
         order issued under this subparagraph  (vi),  whether
         filed  by  the electric utility or by an intervening
         party, shall be filed within 10 days  after  service
         of the order.
    The  Commission shall not in any subsequent proceeding or
otherwise, review such a reorganization or other  transaction
authorized by this Section, but shall retain the authority to
allocate  costs  as stated in Section 16-111(i). An entity to
which an electric utility sells, assigns, leases or transfers
assets pursuant to this subsection (g) shall not, as a result
of the transactions specified  in  this  subsection  (g),  be
deemed a public utility as defined in Section 3-105.  Nothing
in this subsection (g) shall change any requirement under the
jurisdiction  of  the  Illinois  Department of Nuclear Safety
including, but not limited to, the payment of  fees.  Nothing
in  this subsection (g) shall exempt a utility from obtaining
a certificate pursuant to Section 8-406 of this Act  for  the
construction  of a new electric generating facility.  Nothing
in this subsection (g) is intended to exempt the transactions
hereunder  from  the  operation  of  the  federal  or   State
antitrust  laws. Nothing in this subsection (g) shall require
an electric utility to use the procedures specified  in  this
subsection for any of the transactions specified herein.  Any
other procedure available under this Act may, at the electric
utility's election, be used for any such transaction.
    (h)  During   the   mandatory   transition   period,  the
Commission  shall  not  establish  or  use   any   rates   of
depreciation,  which  for  purposes  of this subsection shall
include amortization, for any  electric  utility  other  than
those established pursuant to subsection (c) of Section 5-104
of  this  Act  or utilized pursuant to subsection (g) of this
Section.  Provided, however, that in any proceeding to review
an electric utility's rates for tariffed services pursuant to
Section 9-201, 9-202, 9-250 or 16-111(d)  of  this  Act,  the
Commission  may  establish  new rates of depreciation for the
electric utility in the same manner  provided  in  subsection
(d)  of  Section  5-104  of  this  Act.  An  electric utility
implementing an accelerated cost  recovery  method  including
accelerated  depreciation,  accelerated amortization or other
capital recovery methods,  or  recording  reductions  to  the
original  cost  of  its assets, pursuant to subsection (g) of
this Section, shall file  a  statement  with  the  Commission
describing   the  accelerated  cost  recovery  method  to  be
implemented or the reduction in  the  original  cost  of  its
assets  to  be  recorded.  Upon the filing of such statement,
the accelerated cost recovery method or the reduction in  the
original cost of assets shall be deemed to be approved by the
Commission  as  though  an  order  had  been  entered  by the
Commission.
    (i)  Subsequent to the mandatory transition  period,  the
Commission,  in any proceeding to establish rates and charges
for tariffed services offered by an electric  utility,  shall
consider  only  (1)  the  then current or projected revenues,
costs, investments and cost of capital directly or indirectly
associated with the provision of such tariffed services;  (2)
collection  of transition charges in accordance with Sections
16-102 and 16-108 of this Act; (3) recovery of  any  employee
transition  costs  as  described  in Section 16-128 which the
electric utility is continuing to incur,  including  recovery
of  any unamortized portion of such costs previously incurred
or committed, with such costs to be equitably allocated among
bundled  services,  delivery  services,  and  contracts  with
alternative retail electric suppliers; and  (4)  recovery  of
the  costs  associated with the electric utility's compliance
with decommissioning  funding  requirements;  and  shall  not
consider  any  other  revenues, costs, investments or cost of
capital of either the electric utility or of any affiliate of
the  electric  utility  that  are  not  associated  with  the
provision  of  tariffed  services.   In  setting  rates   for
tariffed  services,  the  Commission shall equitably allocate
joint and common costs and investments between  the  electric
utility's  competitive and tariffed services.  In determining
the justness and reasonableness of  the  electric  power  and
energy  component of an electric utility's rates for tariffed
services subsequent to the mandatory  transition  period  and
prior  to  the time that the provision of such electric power
and energy is  declared  competitive,  the  Commission  shall
consider  the extent to which the electric utility's tariffed
rates for such component for each customer class  exceed  the
market  value  determined pursuant to Section 16-112, and, if
the electric power and energy component of such tariffed rate
exceeds the market value by more than 10%  for  any  customer
class, may establish such electric power and energy component
at  a  rate  equal  to the market value plus 10%. In any such
case, the Commission may also elect to extend the  provisions
of  Section  16-111(e)  for  any period in which the electric
utility is collecting transition charges,  using  information
applicable to such period.
    (j)  During  the mandatory transition period, an electric
utility may elect  to  transfer  to  a  non-operating  income
account  under  the  Commission's  Uniform System of Accounts
either or both of (i) an amount of unamortized investment tax
credit that is in addition to the  ratable  amount  which  is
credited  to  the electric utility's operating income account
for the year in  accordance  with  Section  46(f)(2)  of  the
federal  Internal Revenue Code of 1986, as in effect prior to
P.L. 101-508, or (ii) "excess tax reserves", as that term  is
defined in Section 203(e)(2)(A) of the federal Tax Reform Act
of  1986,  provided  that  (A) the amount transferred may not
exceed the amount of the electric utility's assets that  were
created   pursuant   to  Statement  of  Financial  Accounting
Standards No. 71 which the electric utility has  written  off
during  the mandatory transition period, and (B) the transfer
shall not be effective until approved by the Internal Revenue
Service.   An  electric  utility  electing  to  make  such  a
transfer shall file a statement with the  Commission  stating
the amount and timing of the transfer for which it intends to
request  approval of the Internal Revenue Service, along with
a copy of  its  proposed  request  to  the  Internal  Revenue
Service  for  a  ruling.  The Commission shall issue an order
within 14 days after the electric utility's filing approving,
subject to receipt of  approval  from  the  Internal  Revenue
Service, the proposed transfer.
    (k)  If an electric utility is selling or transferring to
a  single  buyer  5 or more generating plants located in this
State with a total net dependable capacity of 5000  megawatts
or  more  pursuant  to subsection (g) of this Section and has
obtained a sale price or consideration that exceeds  200%  of
the  book  value  of  such  plants, the electric utility must
provide to  the  Governor,  the  President  of  the  Illinois
Senate,  the  Minority  Leader  of  the  Illinois Senate, the
Speaker of the Illinois House  of  Representatives,  and  the
Minority  Leader  of the Illinois House of Representatives no
later than 15 days after filing its notice  under  subsection
(g)  of  this  Section or 5 days after the date on which this
subsection (k) becomes law, whichever  is  later,  a  written
commitment in which such electric utility agrees to expend $2
billion outside the corporate limits of any municipality with
1,000,000  or more inhabitants within such electric utility's
service  area,  over  a  6-year  period  beginning  with  the
calendar year in which the  notice  is  filed,  on  projects,
programs,  and  improvements within its service area relating
to   transmission   and   distribution   including,   without
limitation, infrastructure expansion, repair and replacement,
capital  investments,   operations   and   maintenance,   and
vegetation management.
(Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97.)

    (220 ILCS 5/16-111.1 new)
    Sec. 16-111.1.  Illinois Clean Energy Community Trust.
    (a)  An  electric  utility  which has sold or transferred
generating facilities in a transaction  to  which  subsection
(k)  of  Section 16-111 applies is authorized to establish an
Illinois clean energy community trust or foundation  for  the
purposes  of  providing  financial  support and assistance to
entities, public or private, within  the  State  of  Illinois
including,  but  not  limited  to,  units  of State and local
government,  educational  institutions,   corporations,   and
charitable,    educational,   environmental   and   community
organizations, for programs and  projects  that  benefit  the
public  by  improving energy efficiency, developing renewable
energy resources, supporting other  energy  related  projects
that   improve   the   State's   environmental  quality,  and
supporting projects and  programs  intended  to  preserve  or
enhance the natural habitats and wildlife areas of the State.
Provided,  however,  that the trust or foundation funds shall
not be used for the remediation of  environmentally  impaired
property.   The  trust  or  foundation  may  also  assist  in
identifying    other    energy    and   environmental   grant
opportunities.
    (b)  Such trust or foundation  shall  be  governed  by  a
declaration  of trust or articles of incorporation and bylaws
which shall, at a minimum, provide that:
         (1)  There shall be 6 voting trustees of  the  trust
    or  foundation,  one  of  whom  shall be appointed by the
    Governor, one of whom shall be appointed by the President
    of the Illinois Senate, one of whom shall be appointed by
    the Minority Leader of the Illinois Senate, one  of  whom
    shall  be  appointed by the Speaker of the Illinois House
    of Representatives, one of whom shall be appointed by the
    Minority Leader of the Illinois House of Representatives,
    and one of  whom  shall  be  appointed  by  the  electric
    utility  establishing  the  trust or foundation, provided
    that the voting trustee appointed by the utility shall be
    a representative of  a  recognized  environmental  action
    group selected by the utility.  The Governor shall select
    one  of  the 6 voting trustees, once appointed, to be the
    first chairman of the trust  or  foundation  pending  the
    first election of officers. In addition, there shall be 4
    non-voting  trustees,  one  of whom shall be appointed by
    the Director of the Department of Commerce and  Community
    Affairs,  one  of whom shall be appointed by the Director
    of the Illinois Environmental Protection Agency,  one  of
    whom shall be appointed by the Director of the Department
    of  Natural Resources, and one of whom shall be appointed
    by  the  electric  utility  establishing  the  trust   or
    foundation,   provided   that   the   non-voting  trustee
    appointed by the utility shall bring financial  expertise
    to  the  trust  or  foundation and shall have appropriate
    credentials therefor.
         (2)  All voting trustees and the non-voting  trustee
    with   financial   expertise   shall   be   entitled   to
    compensation  for  their  services as trustees, provided,
    however, that no member of the General  Assembly  and  no
    employee  of  the electric utility establishing the trust
    or foundation serving as a voting trustee  shall  receive
    any  compensation  for  his or her services as a trustee,
    and  provided  further  that  the  compensation  to   the
    chairman  of  the trust shall not exceed $25,000 annually
    and the compensation  to  any  other  trustee  shall  not
    exceed  $20,000 annually.  All trustees shall be entitled
    to reimbursement  for  reasonable  expenses  incurred  on
    behalf of the trust in the performance of their duties as
    trustees.  All such compensation and reimbursements shall
    be paid out of the trust.
         (3)  Trustees  shall  be  appointed  within  30 days
    after the creation of the trust or foundation  and  shall
    serve  for  a term of 5 years commencing upon the date of
    their respective  appointments,  until  their  respective
    successors are appointed and qualified.
         (4)  A  vacancy  in  the  office of trustee shall be
    filled by the person holding the office  responsible  for
    appointing the trustee whose death or resignation creates
    the  vacancy,  and  a trustee appointed to fill a vacancy
    shall serve the remainder of  the  term  of  the  trustee
    whose resignation or death created the vacancy.
         (5)  The   trust   or   foundation   shall  have  an
    indefinite term, and shall terminate at such time  as  no
    trust assets remain.
         (6)  The  trust or foundation shall be funded in the
    minimum amount of $250,000,000, with the  allocation  and
    disbursement  of funds for the various purposes for which
    the trust or foundation is established to  be  determined
    by  the  trustees  in  accordance with the declaration of
    trust  or  the  articles  of  incorporation  and  bylaws;
    provided, however, that this amount may be reduced by  up
    to $25,000,000 if, at the time the trust or foundation is
    funded,  a  corresponding  amount  is  contributed by the
    electric utility establishing the trust or foundation  to
    the Board of Trustees of Southern Illinois University for
    the  purpose  of  funding programs or projects related to
    clean coal and provided further that $25,000,000  of  the
    amount  contributed  to  the trust or foundation shall be
    available to fund programs or projects related  to  clean
    coal.
         (7)  The  trust or foundation shall be authorized to
    employ an executive  director  and  other  employees,  to
    enter  into  leases,  contracts  and other obligations on
    behalf of the trust or foundation, and to incur  expenses
    that  the  trustees deem necessary or appropriate for the
    fulfillment of  the  purposes  for  which  the  trust  or
    foundation   is   established,  provided,  however,  that
    salaries and administrative expenses incurred  on  behalf
    of  the  trust or foundation shall not exceed $500,000 in
    the first fiscal year after the trust  or  foundation  is
    established  and  shall  not  exceed  $1,000,000  in each
    subsequent fiscal year.
         (8)  The trustees may create  and  appoint  advisory
    boards   or   committees   to   assist   them   with  the
    administration of the trust or foundation, and to  advise
    and   make   recommendations   to   them   regarding  the
    contribution and disbursement of the trust or  foundation
    funds.
    (c)(1)  In addition to the allocation and disbursement of
    funds  for  the  purposes  set forth in subsection (a) of
    this Section, the trustees of  the  trust  or  foundation
    shall  annually  contribute funds in amounts set forth in
    subparagraph (2)  of  this  subsection  to  the  Citizens
    Utility  Board created by the Citizens Utility Board Act;
    provided, however, that any  such  funds  shall  be  used
    solely for the representation of the interests of utility
    consumers  before  the  Illinois Commerce Commission, the
    Federal Energy Regulatory  Commission,  and  the  Federal
    Communications   Commission  and  for  the  provision  of
    consumer education on utility service and prices  and  on
    benefits  and  methods  of energy conservation. Provided,
    however, that no part of such  funds  shall  be  used  to
    support   (i)  any  lobbying  activity,  (ii)  activities
    related  to  fundraising,  (iii)  advertising  or   other
    marketing efforts regarding a particular utility, or (iv)
    solicitation of support for, or advocacy of, a particular
    position  regarding  any  specific utility or a utility's
    docketed proceeding.
         (2)  In the calendar year  in  which  the  trust  or
    foundation is first funded, the trustees shall contribute
    $1,000,000  to  the Citizens Utility Board within 60 days
    after such trust or foundation is established;  provided,
    however,  that  such  contribution  shall  be  made after
    December 31, 1999.  In  each  of  the  6  calendar  years
    subsequent  to  the  first  contribution, if the trust or
    foundation is in existence, the trustees shall contribute
    to the Citizens Utility Board  an  amount  equal  to  the
    total  expenditures  by  such  organization  in the prior
    calendar year, as set forth in the report  filed  by  the
    Citizens Utility Board with the chairman of such trust or
    foundation  as  required  by  subparagraph  (3)  of  this
    subsection.   Such subsequent contributions shall be made
    within 30 days of  submission  by  the  Citizens  Utility
    Board  of  such  report  to  the Chairman of the trust or
    foundation, but in no event shall any annual contribution
    by the trustees to  the  Citizens  Utility  Board  exceed
    $1,000,000.   Following  such  7-year period, an Illinois
    statutory consumer protection  agency  may  petition  the
    trust   or   foundation   for   contributions   to   fund
    expenditures of the type identified in paragraph (1), but
    in  no  event  shall annual contributions by the trust or
    foundation for such expenditures exceed $1,000,000.
         (3)  The Citizens Utility Board shall file a  report
    with  the  chairman  of such trust or foundation for each
    year in which it expends  any  funds  received  from  the
    trust  or  foundation  setting  forth  the  amount of any
    expenditures (regardless of the source of funds for  such
    expenditures)   for:   (i)   the  representation  of  the
    interests  of  utility  consumers  before  the   Illinois
    Commerce   Commission,   the  Federal  Energy  Regulatory
    Commission, and the  Federal  Communications  Commission,
    and  (ii)  the provision of consumer education on utility
    service and prices and on benefits and methods of  energy
    conservation.    Such  report  shall separately state the
    total  amount  of  expenditures  for  the   purposes   or
    activities  identified  by  items  (i)  and  (ii) of this
    paragraph, the name and address of the external recipient
    of any such expenditure, if applicable, and the  specific
    purposes  or  activities  (including internal purposes or
    activities) for which each  expenditure  was  made.   Any
    report  required  by  this subsection shall be filed with
    the chairman of such trust or foundation  no  later  than
    March  31  of the year immediately following the year for
    which the report is required.

    (220 ILCS 5/16-111.2 new)
    Sec. 16-111.2.  Provisions related  to  proposed  utility
transactions.
    (a)  The General Assembly finds:
         (1)  A  transaction as described in paragraph (3) of
    this  subsection  (a)   will   contribute   to   improved
    reliability  of  the  electric  supply system in Illinois
    which is one of the key purposes of the Illinois Electric
    Service Customer Choice and Rate Relief Law of 1997.
         (2)  A transaction as described in paragraph (3)  of
    this  subsection  (a)  is  likely  to  promote additional
    investment in the existing generating assets and  in  the
    development   of   additional   generation   capacity  in
    Illinois, and such change in ownership is in  the  public
    interest,  consistent  with  the  intent  of the Illinois
    Electric Service Customer Choice and Rate Relief  Law  of
    1997 and beneficial for the citizens of this State.
         (3)  As  of the date on which this amendatory Act of
    1999 becomes law, an electric utility  providing  service
    to  more  than  1,000,000  customers  in  this  State has
    proposed to sell or transfer to a single buyer 5 or  more
    generating plants with a total net dependable capacity of
    5000  megawatts  or  more  pursuant  to subsection (g) of
    Section 16-111.
         (4)  Such electric utility anticipates  receiving  a
    sale   price   or  consideration  as  a  result  of  such
    transaction exceeding 200% of the  book  value  of  these
    plants.
         (5)  Such  electric  utility  has  presented  to the
    Governor and  the  leaders  of  the  General  Assembly  a
    written  commitment in which such electric utility agrees
    to expend $2,000,000,000 outside the corporate limits  of
    any  municipality  with  1,000,000  or  more  inhabitants
    within  such  electric  utility's  service  area,  over a
    6-year  period  beginning  with  this  calendar  year  on
    projects, programs and improvements  within  its  service
    area relating to transmission and distribution including,
    without  limitation, infrastructure expansion, repair and
    replacement,   capital   investments,   operations    and
    maintenance, and vegetation management.
         (6)  Such  electric  utility  has committed that, if
    the sale or transfer contemplated  by  paragraph  (3)  of
    this  subsection is consummated on or before December 31,
    1999,  the  electric  utility  shall  make  contributions
    totaling $250,000,000 to entities within this State  for,
    among   other  purposes,  environmental  and  clean  coal
    initiatives   pursuant   to   Section   16-111.1,   which
    commitment includes a contribution of $25,000,000 to  the
    Board of Trustees of Southern Illinois University for the
    purpose  of funding programs or projects related to clean
    coal.
    (b)  That, in light of the findings in paragraphs (1) and
(2)  of  subsection  (a)   and,   in   this   instance,   the
circumstances  described  in  paragraphs  (3)  through (6) of
subsection (a) and otherwise,  the  General  Assembly  hereby
finds  that allowing the generating facilities being acquired
to  be  eligible  facilities  under  the  provisions  of  the
National Energy Policy Act  of  1992  that  apply  to  exempt
wholesale  generators  (A)  will benefit consumers; (B) is in
the public interest; and (C) does not violate the law of this
State.
    (c)  Nothing in this Section shall have any effect on the
authority of the Commission under subsection (g)  of  Section
16-111 of this Act.

    (220 ILCS 5/16-114.1 new)
    Sec.  16-114.1.   Recovery  of  decommissioning  costs in
connection with nuclear power plant sale agreement.
    (a)  An electric utility  owning  a  single-unit  nuclear
power  plant  located  in  this  State  which  enters into an
agreement to sell the nuclear power plant and as part of such
agreement  agrees:   (i)   to   make   contributions   to   a
tax-qualified  decommissioning  trust  or  non-tax  qualified
decommissioning trust, or both, as defined in Section 8-508.1
for  the  nuclear  power plant, in specified amounts or for a
specified period of time, after the sale is  consummated,  or
(ii)  to  purchase an insurance instrument which provides for
the  payment  of  all  or   a   specified   amount   of   the
decommissioning  costs  of  the nuclear power plant, shall be
entitled,  in  the  case  of  item  (i),  to  maintain   such
decommissioning  trusts  for  the  purpose  of receiving such
contributions  after  the  consummation  of  the   sale,   to
implement revisions to its decommissioning rate in accordance
with  subsection  (b)  of  this Section, and to transfer such
decommissioning trusts, or the balance in the trusts, to  the
buyer  of  the  nuclear  power  plant  in accordance with the
agreement of sale, and in the case of item (ii), to implement
revisions to its  decommissioning  rate  in  accordance  with
subsection (c) of this Section.
    (b)  An  electric  utility  entering into an agreement of
sale described in subsection (a)(i) of this Section shall  be
entitled  to file a petition with the Commission for entry of
an order authorizing the electric utility (i) to amortize its
liability for decommissioning costs pursuant to the agreement
of sale over the period of time in which the electric utility
is  required   by   such   agreement   to   make   additional
contributions to the tax-qualified decommissioning trust, the
non-tax qualified decommissioning trust, or both, and (ii) to
revise its decommissioning rate to a level that will recover,
over  the  time period specified in the agreement of sale, an
annual  amount  equal  to  the  electric   utility's   annual
contributions   to   the  decommissioning  trusts  which  are
required  by  the  agreement  of  sale  multiplied   by   the
percentage of the output of the nuclear power plant which the
agreement  of sale obligates the electric utility to purchase
in each such year.
    (c)  An electric utility entering into  an  agreement  of
sale  described  in  subsection  (a)(ii) shall be entitled to
file a petition with the Commission for  entry  of  an  order
authorizing    the    electric    utility   to   revise   its
decommissioning rate to a level that  will  recover,  over  5
years,   the   electric  utility's  cost  of  purchasing  the
insurance instrument multiplied  by  the  percentage  of  the
output of the nuclear power plant which the agreement of sale
obligates the electric utility to purchase in each such year.
    (d)  An   electric   utility's   petition   pursuant   to
subsection  (b)  or subsection (c) shall state the percentage
of the output of the nuclear power plant which the  agreement
of  sale  obligates the electric utility to purchase from the
new owner of the nuclear power plant in each of the years for
which the electric utility is seeking to implement a  revised
decommissioning  rate.  The electric utility's petition shall
also state that the electric utility agrees, as conditions of
the Commission's order and the implementation of the  revised
decommissioning  rate,  (i)  to  file  revisions, pursuant to
Section 16-111(f), to its base  rate  tariffs  applicable  to
retail   customers   subject   to   the   electric  utility's
decommissioning rate reducing such tariffs, and (ii) to  file
revisions  to  its  transition  charge  tariffs applicable to
retail  customers   subject   to   the   electric   utility's
decommissioning   rate   incorporating   a  credit  into  the
calculation of the electric utility's transition  charges  in
accordance  with  this  subsection.   The  reduction  and the
credit shall be in an amount per kilowatt-hour of electricity
sold or delivered  to  retail  customers  equal  to  (i)  the
electric  utility's  decommissioning  rate  authorized by the
Commission's order in accordance with subsection  (b)(ii)  or
(c),  as  applicable,  less  (ii) the product of the electric
utility's decommissioning rate in effect immediately prior to
the agreement of sale multiplied by  the  percentage  of  the
output of the nuclear power plant which the agreement of sale
obligates the electric utility to purchase from the new owner
of  the  nuclear  power plant.  The Commission shall issue an
order granting the petition within 30 days after the petition
is filed. The Commission's order shall  state  the  aggregate
total  amount  which  the  order  is authorizing the electric
utility to collect  through  its  decommissioning  rate.  The
Commission's  order shall state that the effectiveness of the
revisions to  the  electric  utility's  decommissioning  rate
shall be conditioned on the filing by the electric utility of
the  revisions  reducing  its base rate tariffs and providing
for credits to its transition charge tariffs as specified  in
this  subsection.  Upon  completion  of the collection of the
total amount which  the  Commission's  order  authorizes  the
electric utility to collect through its decommissioning rate,
the  electric  utility  shall  not be entitled to collect any
further amounts of  decommissioning  costs  for  its  nuclear
power  plant  through a decommissioning rate. Nothing in this
Section shall be construed  to  permit  an  increase  in  the
overall  tariffed  rates  and  charges  paid  by the electric
utility's customers.
    (e)  In addition to the uses of the proceeds of the  sale
and  issuance  of transitional funding instruments authorized
by  Section  18-103(d)(1),  an  electric  utility  which  has
entered into an agreement to sell a nuclear power  plant  may
use  the  proceeds from the sale and issuance of transitional
funding instruments to make contributions,  or  to  reimburse
itself for contributions which the electric utility has made,
to decommissioning trusts in accordance with the agreement of
sale,  in  an  amount  not  to  exceed  20%  of the aggregate
principal amount of transitional  funding  instruments  which
the  electric  utility was authorized to cause to have issued
pursuant to Section 18-103(d)(6), including for  purposes  of
this  calculation  the  amount  of  any  transitional funding
instruments which the electric utility caused  to  be  issued
prior to the date of this amendatory Act of 1999.  The use of
proceeds  authorized  by this subsection shall not be subject
to Section 18-103(d)(1)(B) and shall  not  be  considered  in
determining  if  the  percentage  limitations  on  the use of
proceeds  set  forth  in  the   proviso   following   Section
18-103(d)(1)(E) have been complied with.
    (f)  None of the authorizations permitted by this Section
may  be  exercised  if the sale of the nuclear power plant is
disapproved by the Commission.

    (220 ILCS 5/16-115)
    Sec. 16-115. Certification of alternative retail electric
suppliers.
    (a)  Any alternative retail electric supplier must obtain
a certificate of service authority  from  the  Commission  in
accordance  with  this  Section  before  serving  any  retail
customer or other user located in this State.  An alternative
retail  electric 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.
    (b)  An  alternative  retail  electric 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  retail  electric  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.
    (c)  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  retail customers within a
geographic area that is smaller than  an  electric  utility's
service  area  shall  submit  evidence demonstrating that the
designation of this smaller area  does  not  violate  Section
16-115A.  An  applicant  that  seeks  to serve residential or
small  commercial  retail  customers   may   state   in   its
application  for  certification  any limitations that will be
imposed on the number of customers  or  maximum  load  to  be
served.
    (d)  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   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  (i)   the   characteristics,
    including  the  size and financial sophistication, of the
    customers that the applicant seeks  to  serve,  and  (ii)
    whether the applicant seeks to provide electric power and
    energy using property, plant and equipment which it owns,
    controls or operates;
         (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 interconnected electric transmission
    system;
         (3)  That the applicant will only provide service to
    retail customers in an electric  utility's  service  area
    that  are  eligible  to take delivery services under this
    Act;
         (4)  That  the  applicant  will  comply  with   such
    informational or reporting requirements as the Commission
    may   by  rule  establish  and  provide  the  information
    required  by  Section  16-112.    Any  data  related   to
    contracts for the purchase and sale of electric power and
    energy shall be made available for review by the Staff of
    the  Commission  on  a confidential and proprietary basis
    and only to the extent and for  the  purposes  which  the
    Commission  determines  are reasonably necessary in order
    to carry out the purposes of this Act;
         (5)  That if the applicant, its corporate affiliates
    or the applicant's principal source  of  electricity  (to
    the  extent  such  source  is  known  at  the time of the
    application) owns or controls facilities, for public use,
    for the transmission or distribution  of  electricity  to
    end-users  within  a  defined  geographic  area  to which
    electric  power  and  energy  can   be   physically   and
    economically   delivered   by  the  electric  utility  or
    utilities in whose service area  or  areas  the  proposed
    service  will  be  offered,  the applicant, its corporate
    affiliates or principal source  of  electricity,  as  the
    case  may  be, provides delivery services to the electric
    utility or utilities in whose service area or  areas  the
    proposed  service  will  be  offered  that are reasonably
    comparable to those offered by the electric utility,  and
    provided  further,  that  the applicant agrees to certify
    annually to the  Commission  that  it  is  continuing  to
    provide  such  delivery  services  and  that  it  has not
    knowingly assisted any person  or  entity  to  avoid  the
    requirements  of  this  Section.   For  purposes  of this
    subparagraph, "principal  source  of  electricity"  shall
    mean  a  single  source that supplies at least 65% of the
    applicant's electric power and energy, and  the  purchase
    of  transmission  and distribution services pursuant to a
    filed tariff under the jurisdiction of the Federal Energy
    Regulatory  Commission  or   a   state   public   utility
    commission  shall not constitute control of access to the
    provider's transmission and distribution facilities;
         (6)  With respect to  an  applicant  that  seeks  to
    serve  residential  or small commercial retail customers,
    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  16-115A,  provided,  that 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;
         (7)  That  the  applicant  meets the requirements of
    subsection (a) of Section 16-128; and
         (8)  That the applicant will comply with  all  other
    applicable laws and regulations.
    (e)  A  retail  customer  that  owns  a  cogeneration  or
self-generation facility and that seeks certification only to
provide  electric  power  and  energy  from  such facility to
retail customers at separate locations  which  customers  are
both  (i)  owned  by,  or  a  subsidiary  or  other corporate
affiliate of, such applicant and (ii) eligible  for  delivery
services, shall be granted a certificate of service authority
upon  filing an application and notifying the Commission that
it has entered into an agreement with the  relevant  electric
utilities pursuant to Section 16-118. Provided, however, that
if   the   retail   customer   owning  such  cogeneration  or
self-generation facility would not be  charged  a  transition
charge  due to the exemption provided under subsection (f) of
Section 16-108 prior to the  certification,  and  the  retail
customers  at separate locations are taking delivery services
in conjunction with purchasing  power  and  energy  from  the
facility,  the retail customer on whose premises the facility
is located shall not thereafter be required to pay transition
charges on the power and energy  that  such  retail  customer
takes from the facility.
    (f)  The   Commission   shall   have   the  authority  to
promulgate rules and regulations to carry out the  provisions
of  this  Section.   On or before May 1, 1999, the Commission
shall adopt a rule or rules applicable to  the  certification
of  those  alternative retail electric suppliers that seek to
serve  only  nonresidential  retail  customers  with  maximum
electrical demands  of  one  megawatt  or  more  which  shall
provide  for  (i)  expedited  and  streamlined procedures for
certification of such alternative retail  electric  suppliers
and  (ii)  specific  criteria  which,  if  met  by  any  such
alternative  retail  electric  supplier, shall constitute the
demonstration  of   technical,   financial   and   managerial
resources  and  abilities  to  provide  service  required  by
subsection  (d) (1) 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.
(Source: P.A. 90-561, eff. 12-16-97.)

    (220 ILCS 5/16-130)
    Sec. 16-130.  Annual Reports.  The General Assembly finds
that  it  is  necessary  to  have   reliable   and   accurate
information   regarding   the  transition  to  a  competitive
electric  industry.   In  addition  to  the   annual   report
requirements  pursuant  to  Section  5-109  of this Act, each
electric utility shall file with the Commission a  report  on
the  following  topics  in  accordance  with the schedule set
forth in subsection (b) of this Section:
         (1)  Data on each customer  class  of  the  electric
    utility  in  which  delivery  services  have been elected
    including:
              (A)  number of retail customers in  each  class
         that have elected delivery service;
              (B)  kilowatt  hours  consumed by the customers
         described in subparagraph (A);
              (C)  revenue loss experienced by the utility as
         a result of customers electing delivery services  or
         market-based prices as compared to continued service
         under otherwise applicable tariffed rates;
              (D)  total  amount of funds collected from each
         customer class pursuant to  the  transition  charges
         authorized in Section 16-108;
              (E)  Such  other  information as the Commission
         may by rule require.
         (2)  A  description  of  any  steps  taken  by   the
    electric  utility  to  mitigate  and  reduce  its  costs,
    including  both  a  detailed  description  of steps taken
    during the preceding calendar year and a summary of steps
    taken since the effective date of this amendatory Act  of
    1997,   and   including,   to   the  extent  practicable,
    quantification of  the  costs  mitigated  or  reduced  by
    specific actions taken by the electric utility.
         (3)  A  description  of actions taken under Sections
    5-104, 7-204,  9-220,  and  16-111  of  this  Act.   This
    information shall include but not be limited to:
              (A)  a description of the actions taken;
              (B)  the effective date of the action;
              (C)  the  annual  savings or additional charges
         realized  by  customers  from  actions   taken,   by
         customer class and total for each year;
              (D)  the  accumulated  impact  on  customers by
         customer class and total; and
              (E)  a summary of the method used  to  quantify
         the impact on customers.
         (4)  A  summary  of  the  electric  utility's use of
    transitional funding instruments, including a description
    of the electric utility's use  of  the  proceeds  of  any
    transitional   funding   instruments  it  has  issued  in
    accordance with Article XVIII of this Act.
         (5)  Kilowatt-hours consumed in  the  twelve  months
    ending December 31, 1996 (which kilowatt-hours are hereby
    referred  to  as  "base  year  sales")  by customer class
    multiplied by the revenue per kilowatt hour, adjusted  to
    remove  charges  added  to  customers'  bills pursuant to
    Sections 9-221 and 9-222 of this Act, during  the  twelve
    months   ending  December  31,  1996,  adjusted  for  the
    reductions required by subsection (b) of  Section  16-111
    and  the  mitigation factors contained in Section 16-102.
    This amount shall be stated for: (i) each  calendar  year
    preceding  the  year  in which a report is required to be
    submitted pursuant to  subsection  (b);  and  (ii)  as  a
    cumulative  total  of  all  calendar years beginning with
    1998 and ending with the calendar year preceding the year
    in which a report is required to be submitted pursuant to
    subsection (b).
         (6)  Calculations identical  to  those  required  by
    subparagraph  (5)  except  that  base year sales shall be
    adjusted for growth in  the  electric  utility's  service
    territory, in addition to the other adjustments specified
    by the first sentence of subparagraph (5).
         (7)  The  electric  utility's  total revenue and net
    income for each calendar year beginning with 1997 through
    the calendar year preceding the year in which a report is
    required to be submitted pursuant to  subsection  (b)  as
    reported  in  the electric utility's Form 1 report to the
    Federal Energy Regulatory Commission.
         (8)  Any consideration in excess  of  the  net  book
    cost  as  of the effective date of this amendatory Act of
    1997 received by the electric  utility  during  the  year
    from a sale made subsequent to the effective date of this
    amendatory Act of 1997 to a non-affiliated third party of
    any  generating  plant  that  was  owned  by the electric
    utility on the effective date of this amendatory  Act  of
    1997.
         (9)  Any  consideration  received  by  the  electric
    utility  from  sales  or  transfers during the year to an
    affiliated interest of generating plant, or  other  plant
    that  represents  an investment of $25,000,000 or more in
    terms  of  total   depreciated   original   cost,   which
    generating  or  other  plant  were  owned by the electric
    utility prior to the effective date  of  this  amendatory
    Act of 1997.
         (10)  Any  consideration  received  by an affiliated
    interest of an electric utility from sales  or  transfers
    during  the  year  to  a  non-affiliated  third  party of
    generating plant, but only if: (i) the  electric  utility
    had  previously  sold  or  transferred  such plant to the
    affiliated interest subsequent to the effective  date  of
    this amendatory Act of 1997; (ii) the affiliated interest
    sells  or  transfers such plant to a non-affiliated third
    party  prior  to  December  31,  2006;  and   (iii)   the
    affiliated  interest  receives consideration for the sale
    or transfer of such plant  to  the  non-affiliated  third
    party  in  an  amount  greater  than the cost or price at
    which  such  plant  was  sold  or  transferred   to   the
    affiliated interest by the electric utility.
         (11)  A  summary  account of those expenditures made
    for projects,  programs,  and  improvements  relating  to
    transmission    and   distribution   including,   without
    limitation,   infrastructure   expansion,   repair    and
    replacement,    capital   investments,   operations   and
    maintenance, and vegetation  management,  pursuant  to  a
    written  commitment  made under subsection (k) of Section
    16-111.
    (b)  The information required by subsection (a) shall  be
filed  by  each electric utility on or before March 1 of each
year 1999 through 2007 or through such  additional  years  as
the   electric   utility  is  collecting  transition  charges
pursuant  to  subsection  (f)  of  Section  16-108,  for  the
previous  calendar  year.   The   information   required   by
subparagraph  (6)  of  subsection  (a) for calendar year 1997
shall be submitted by the electric utility on or before March
1, 1999.
    (c)  On or before May 15 of each year 1999  through  2006
or  through  such additional years as the electric utility is
collecting transition charges pursuant to subsection  (f)  of
Section  16-108,  the Commission shall submit a report to the
General Assembly which summarizes the information provided by
each electric utility under this Section; provided,  however,
that  proprietary  or  confidential  information shall not be
publicly disclosed.
(Source: P.A. 90-561, eff. 12-16-97.)

    Section 10.  The Citizens Utility Board Act is amended by
changing Section 5 and adding Section 5.1 as follows:

    (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
    Sec. 5.  Powers and duties.  (1)  The corporation shall:
    (a)  Represent  and  protect   the   interests   of   the
residential  utility consumers of this State.  All actions by
the corporation under this Act shall be directed toward  such
duty;  provided  that  the  corporation  may  also  give  due
consideration to the interests of business in the State.
    (b)  Inform, in so far as possible, all utility consumers
about  the corporation, including the procedure for obtaining
membership in the corporation.
    (2)  The corporation shall have all the powers  necessary
or convenient for the effective representation and protection
of  the  interest  of utility consumers and to implement this
Act, including the following powers in addition to all  other
powers granted by this Act.
    (a)  To  make,  amend and repeal bylaws and rules for the
regulation of its affairs and the conduct of its business; to
adopt an official seal and alter it at pleasure; to  maintain
an  office;  to sue and be sued in its own name, plead and be
impleaded; and  to  make  and  execute  contracts  and  other
instruments  necessary  or  convenient to the exercise of the
powers of the corporation.
    (b)  To  employ  such  agents,  employees   and   special
advisors as it finds necessary and to fix their compensation.
    (c)  To  solicit and accept gifts, loans, including loans
made  by  the  Illinois  Commerce   Commission   from   funds
appropriated  for  that purpose by law, or other aid in order
to support activities concerning  the  interests  of  utility
consumers.,   Except  as  provided  in  Section 5.1, that the
corporation may not accept gifts, loans or other aid from any
public utility or from any director,  employee  or  agent  or
member  of  the  immediate  family of a director, employee or
agent of any public utility and, except that after the  first
election the corporation, may not accept from any individual,
private corporation, association or partnership in any single
year  a  total  of  more  than  $1,000  in gifts.  Under this
paragraph, "aid" does not mean payment of membership dues.
    (d)  To intervene as a party or otherwise participate  on
behalf  of  utility consumers in any proceeding which affects
the interest of utility consumers.
    (e)  To represent  the  interests  of  utility  consumers
before  the  Illinois Commerce Commission, the Federal Energy
Regulatory Commission, the Federal Communications Commission,
the courts, and other public bodies, except that no director,
employee or agent of the corporation may engage  in  lobbying
without   first   complying   with  any  applicable  statute,
administrative rule or other regulation relating to lobbying.
    (f)  To establish annual dues which shall  be  set  at  a
level that provides sufficient funding for the corporation to
effectively  perform its powers and duties, and is affordable
for as many utility consumers as is possible.
    (g)  To implement solicitation  for  corporation  funding
and membership.
    (h)  To  seek  tax  exempt status under State and federal
law, including  501(c)(3)  status  under  the  United  States
Internal Revenue Code.
    (i)  To   provide   information  and  advice  to  utility
consumers on any matter  with  respect  to  utility  service,
including  but  not  limited  to  information  and  advice on
benefits and methods of energy conservation.
    (3)  The powers, duties, rights and privileges  conferred
or  imposed  upon  the  corporation  by  this  Act may not be
transferred.
    (4)  The corporation shall refrain from interfering  with
collective  bargaining  rights  of  any employees of a public
utility.
(Source: P.A. 83-945.)

    (220 ILCS 10/5.1 new)
    Sec. 5.1.  Contributions.   Notwithstanding  anything  to
the  contrary in Section 5 of this Act, the corporation shall
have the authority to solicit and accept  contributions  made
pursuant to Section 16-111.1 of the Public Utilities Act.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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