Section 412.80  Application of Subpart B

 

The provisions of this Subpart shall only apply to an ARES serving or seeking to serve residential or small commercial retail customers, and only to the extent that an ARES provides services to residential or small commercial retail customers. 

 

(Source:  Former Section 412.100 renumbered to Section 412.80 and amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.100  Marketing Materials

 

a)         All marketing materials, including, but not limited to, electronic marketing materials, in-person solicitations, and telephone solicitations of retail sale of electric power and energy shall contain information that adequately discloses the prices, terms, and conditions of the products or services and shall disclose the current utility electric supply Price to Compare (“PTC”). [220 ILCS 5/16-115A(e)(i)]

 

b)         All marketing materials, including, but not limited to, electronic marketing materials, in-person solicitations, and telephone solicitations, shall include the following statement:

 

"(Name of the alternative retail electric supplier) is not the same entity as your electric delivery company. You are not required to enroll with (name of alternative retail electric supplier). Beginning on (effective date), the electric supply price to compare is (price in cents per kilowatt-hour). The electric utility electric supply price will expire on (expiration date). The utility electric supply price to compare does not include the purchased electricity adjustment factor. For more information go to the Illinois Commerce Commission's free website at www.pluginillinois.org."

 

If applicable, the statement shall also include the following statement:

 

"The purchased electricity adjustment factor may range between +.5 cents and -.5 cents per kilowatt hour."

 

[220 ILCS 5/16-115A(e)(i)]

 

c)         Subsections (a) and (b) do not apply to goodwill or institutional advertising.

 

(Source:  Former Section 412.100 renumbered to Section 412.80 and new Section added at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.105  Use of Utility Logo and Name

 

a)         An ARES shall not use the logo of a public utility in any manner.

 

b)         An ARES shall not use the name of a public utility in any manner that is deceptive or misleading, including, but not limited to, implying or otherwise leading a customer to believe that an ARES is soliciting on behalf of or is an agent of a utility.

 

c)         An ARES shall not use the name, or any other identifying insignia, graphics or wording that has been used at any time to represent a public utility company or its services, to identify, label or define any of its electric power and energy service offers.  However, an ARES may state the name of a public electric utility in order to accurately describe the electric utility service territories in which the supplier is currently offering an electric power and energy service.

 

d)         Notwithstanding anything in this Subpart B or elsewhere in this Part 412, an ARES that is an affiliate of an Illinois public utility, and that was doing business in Illinois providing ARES service as of January 1, 2016, may continue to use that public utility's name, logo, identifying insignia, graphics, or wording in its business operations occurring outside the service territory of the public utility with which it is affiliated.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.110  Minimum Contract Terms and Conditions

 

The sales contract shall, in plain language, contain the disclosures specified in this Section in 12-point type size or larger, in the order presented in this Section, and in the same language as the sales solicitation.  The Uniform Disclosure Statement (UDS), which shall be in the same language as the sales contract and the sale solicitation, shall be appended to the sales contract.  The disclosures specified in this Section shall appear at the beginning of the sales contract; no other contract terms, other than the disclosures required under Part 512 if the ARES is also offering natural gas supply, shall precede these disclosures. Any additional contract language shall use 10-point type size or larger.  The sales contract shall include the following disclosures:

 

a)         The legal name of the ARES and the name under which the ARES will market its products, if different;

 

b)         The business address of the ARES;

 

c)         The charges for service for the length of the contract by billing month and, if any charges are variable during the term of the contract,

 

1)         an explanation of how the variable charges are determined;

 

2)         the current rate per kWh price and a one-year price history or, if it has been offered for less than one year, the price history for the life of the product;

 

3)         the statement: "Variable. The variable rate may go up or down" followed by one of the following:

 

A)        "and is subject to the savings guarantee described below" if the ARES provides a guarantee of savings pursuant to subsection (j);

 

B)        "and will be less than the Electric Utility’s Price to Compare ("PTC") (plus Purchased Electricity Adjustment) during" and describe the intervals during which the rate is guaranteed to be at or below the Price to Compare or Price to Compare plus Purchased Electricity Adjustment;

 

C)        "and will be equal to the Electric Utility’s Price to Compare (“PTC”) (plus Purchased Electricity Adjustment) during" and describe the intervals during which the rate is guaranteed to equal the Price to Compare or Price to Compare plus Purchased Electricity Adjustment; or

 

D)        "and the rate may be higher than the Electric Utility's Price to Compare ("PTC") during any given period" if none of the above statements apply.

 

d)         For any product for which the price includes a fixed periodic charge that does not change with the customer's usage and does not include all supply and delivery service charges, the ARES shall provide an estimated total price in cents per kWh for electric service using sample monthly usage levels of 500, 1,000 and 1,500 kWh;

 

e)         For any product offered at a fixed monthly charge that does not change with the customer's usage and does not include all supply and delivery service charges, the ARES must provide a statement to the customer stating that the fixed monthly charge is not the total monthly amount for electric service and identifying which charges are not included in the fixed monthly charge;

 

f)         The length of the contract in months, and whether the contract renews automatically, including any applicable renewal clause disclosed in a manner consistent with this Part;

 

g)         The fact that customers shall have a right to terminate their agreements with alternative retail electric suppliers at any time without any termination fees or penalties;

 

h)         If the ARES intends at any point during the term of the contract to seek a deposit or prepayment from the customer, the ARES shall identify whether and under what circumstances a deposit or prepayment will be required, along with a disclosure of the manner in which the deposit or prepayment will be calculated and the circumstances in which the deposit or prepayment will be refunded;

 

i)          Any fees assessed by the ARES to a customer for switching to the ARES;

 

j)          If an ARES represents that a customer will realize savings under any conditions or circumstances, the ARES shall provide a written statement, in plain language, describing the conditions or circumstances that must occur in order for the savings to be realized. The statement shall disclose the entity or entities and price or prices to which the ARES is comparing its own offer for purposes of assessing or calculating savings;

 

k)         A statement that the customer may rescind the agreement by contacting the ARES or the electric utility within 10 calendar days after the date on the electric utility’s written notice to the customer confirming the switch;

 

l)          The following statement: "(Insert name of ARES)is an independent seller of electric power and energy service certified by the Illinois Commerce Commission and (insert name of ARES) is not representing, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or consumer group program," unless the ARES is, through the consumer group, offering services at prices, terms and conditions that are available solely to members of that organization, followed immediately by "or a governmental body or program of a governmental body", unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements;

 

m)        A statement that:

 

1)         the electric utility remains responsible for the delivery of electric power and energy to the customer's premises and will continue to respond to any service calls and emergencies; and

 

2)         the customer will receive written notification from the electric utility confirming a switch of the customer's electricity supplier;

 

n)         The toll-free telephone numbers for the ARES, the electric utility, and the Commission's Consumer Services Division; and

 

o)         The statement:  "A summary document entitled 'The Uniform Disclosure Statement' (UDS) is attached to this contract.  The UDS has important disclosures, including information about your new rate and your right to end this contract without termination fees or penalties other than charges or fees for devices, equipment, or other non-electrical services.  Please read both this contract and the UDS carefully."

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.115  Uniform Disclosure Statement

 

a)         All ARES product offers for customers require a one-page (front and back of one 8.5 x 11 sheet of paper or, if delivered electronically, a file that is printable at 100% scale to such dimensions) Uniform Disclosure Statement (UDS) using the form in Appendix A. 

 

1)         All text in the UDS shall be printed in a 12-point type or larger.

 

2)         The UDS may include a logo of the ARES.

 

3)         The UDS shall not contain any items other than those found in Appendix A or described in this Section.

 

b)         The disclosures in the UDS shall conform to Appendix A and shall include the information listed in this subsection (b), in the order listed.

 

1)         Name: The legal name of the ARES and the name under which the ARES will market its products, if different.

 

2)         Address: The ARES' business address and website.

 

3)         Phone: The ARES' toll-free telephone number and hours of availability.

 

4)         Price: The price in cents per kWh, or as otherwise stated below, and the number of months the price stays in effect.

 

A)        If the price is a fixed monthly charge that does not change with the customer's usage, the fixed monthly charge shall be shown in dollars.

 

B)        If the price is a custom price, the UDS shall include the word "custom" and the ARES shall replace "custom" with the price offered to a particular customer once the ARES has determined the custom price for the customer.

 

C)        If the price is tied to a publicly available index or benchmark, the UDS shall state the index or benchmark and include the phrase "Refer to contract."

 

D)        Variable Rate Products: For a variable rate product, the UDS shall state that the current rate per kWh price and a one-year price history, or history for the life of the product if it has been offered less than one year, are available on the ARES’ website and at a toll-free number. An ARES shall not rename a product in order to avoid disclosure of price history. If the price is a price that varies more than once a month, the UDS shall include the phrase "Time-of-use. Refer to contract."

 

5)         Utility Electric Supply Price to Compare ("PTC").  "(Name of the alternative retail electric supplier) is not the same entity as your electric delivery company. You are not required to enroll with (name of alternative retail electric supplier). Beginning on (effective date), the utility electric supply price to compare is (price in cents per kilowatt-hour). The Electric Utility electric supply price will expire on (expiration date).  The utility electric supply price to compare does not include the purchased electricity adjustment factor. For more information go to the Illinois Commerce Commission’s free website at www.pluginillinois.org." If applicable, the UDS will also include the following statement: "The purchased electricity adjustment factor may range between +.5 cents and -.5 cents per kilowatt hour."

 

6)         Other Periodic Charges: If the price includes a fixed periodic charge, including any charge that accrues monthly, weekly, or over any other period of time, and that does not change with the customer's usage, that fixed periodic charge shall be disclosed in dollar amounts, shall show the fixed period of time for which that charge occurs, and, unless the fixed periodic charge is monthly, the sum of the charges on a monthly basis.

 

7)         Total Price with Other Periodic Charges: If the price includes a fixed periodic charge, including any charge that accrues monthly, weekly, or over any other period of time, that does not change with the customer's usage, and the fixed periodic charge does not include all supply and delivery service charges, the UDS shall display the total price in cents per kWh at sample usage levels of 500, 1,000 and 1,500 kWh.

 

8)         Length of the Contract: The length of the contract in months.

 

9)         Subsequent Prices after the Initial Price: If the initial price remains in effect for the entire term of the contract, the UDS shall state "N/A" or "Not Applicable." If the price after the initial price does not change for the remainder of the term of the contract, the UDS shall state the price in cents per kWh and the number of months that price will stay in effect. If the price after the initial price is a price that includes a fixed periodic charge that does not change with the customer's usage, and the charge does not include all supply and delivery service charges, the UDS shall display the total price in cents per kWh at sample usage levels of 500, 1,000 and 1,500 kWh.  If the price after the initial price is a variable rate that changes at any time, the UDS shall include the following: "Variable. The variable rate may go up or down and the rate may be higher or lower than the electric utility's Price to Compare ("PTC") during any given period."

 

10)        Contract Renewal: The UDS shall disclose whether the contract renews automatically.

 

11)        Rescission: The UDS shall include the following: "You have the right to rescind (stop) your enrollment within 10 calendar days after the date on your electric utility’s written notice confirming the switch of your supplier.  You may call us at (insert toll-free number) or your utility at (insert toll-free number) to rescind."

 

12)        Termination:  The statement that "You have the right to terminate an agreement with an alternative retail electric supplier (ARES) AT ANY TIME WITH NO TERMINATION FEES AND NO PENALTIES.  You may call us at (insert toll-free number) to terminate this contract. The limit on early termination fees and penalties shall not apply to charges or fees for devices, equipment, or other non-electrical services."  The preceding portion in capital letters shall be capitalized and in bold.

 

13)        Seller: The UDS shall include the following: "This is a sales solicitation and the seller is (insert ARES name), an independent alternative retail electric supplier.  If you enter into a contract with the seller, (insert ARES name) will be your electric supplier.  The seller is not endorsed by, representing, or acting on behalf of, a utility or a utility program, a consumer group or a consumer group program, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.

 

14)        Questions/Information: The UDS shall include the following: "If you have any questions or concerns about this sales solicitation, you may contact the Illinois Commerce Commission's Consumer Services Division at 1-800-524-0795."

 

15)        Date of Solicitation: The UDS shall state the date the customer was solicited.

 

16)        ARES sales agent name and ID: The UDS shall include an ARES sales agent name and ID.

 

c)         The UDS shall be provided in the same language as the solicitation and sales contract.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.120  In-person Solicitation

 

a)         An ARES sales agent shall state that the agent represents an independent seller of electric power and energy service certified by the Illinois Commerce Commission and is not employed by, representing, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms, and conditions that are available solely to members of that organization, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.

 

b)         When it would be apparent to a reasonable person that a customer's language skills in the language used for the solicitation are insufficient to allow the customer to understand and respond to the information conveyed by the agent in that language, or when the customer or another person informs the agent of this circumstance, the ARES sales agent shall find another representative fluent in the customer's language, use an interpreter, or terminate the in-person contact with the customer. If the ARES sales agent, individually or through an interpreter, makes a sales solicitation in a language other than English for any reason, the ARES sales agent shall present the UDS, sales contract, and third-party verification in the same language as the sales presentation.  When the use of an interpreter is necessary, a form consistent with Section 2N of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] must be completed.

 

c)         ARES sales agents who engage in in-person solicitation to sell electric power and energy service offered by the ARES shall display identification on an outer garment. This identification shall be visible at all times and prominently display the following:

 

1)         The ARES sales agent's full name in reasonable size font;

 

2)         An ARES sales agent ID number;

 

3)         A photograph of the ARES sales agent; and

 

4)         The trade name and logo of the ARES the sales agent is representing. If the agent is selling electric power and energy services from multiple ARES to the customer, the identification shall display the trade name and logo of the agent, broker or consultant entity as that entity is defined in Section 16-115C of the Act.

 

d)         The ARES sales agent shall leave the premises at the customer's, owner's or occupant's request.  In the absence of local ordinances or regulations, ARES and their agents shall not conduct in-person solicitation at residential dwellings before 9:00 a.m. and after 7:00 p.m. or civil dusk, whichever is earlier.

 

e)         The ARES sales agent shall, during the sales presentation to the customer, verbally disclose the items listed in Section 412.110(a) and (c) through (n) to the customer unless the sales presentation is terminated by the customer before the disclosures are completed. An ARES sales agent may disclose the items in any order, provided that all applicable items are explained to the customer prior to the agent obtaining the customer’s utility account number.  An ARES may secure consent to obtain customer-specific usage information for the purposes of pricing a product through a verifiable customer consent or another Commission-approved process.

 

f)         A copy of the UDS described in Section 412.115 and Appendix A is to be left with the customer at the conclusion of the visit, with an explanation that it is a summary of the contract terms, unless a customer refuses to accept a copy. Nothing in this subsection (f) prevents an ARES sales agent from providing the UDS electronically instead of in paper form to a customer upon that customer's request.   The ARES sales agent shall also offer, at the time of the initiation of the solicitation, a business card or other material that lists the agent's name, identification number and title, and the ARES' name and contact information, including telephone number.

 

g)         In-person solicitations that lead to an enrollment require a Letter of Agency or a third-party verification (TPV). The Letter of Agency or TPV shall be conducted in the same language that was used in the solicitation and shall include all of the items listed in Section 412.110(a) and (c) through (n). Each disclosure must be made individually to obtain clear acknowledgement of each disclosure. The ARES sales agent must be in a location where the agent cannot hear the customer while the TPV is conducted. The ARES shall not approach the customer after the TPV for a period of 24 hours unless contacted by the customer.

 

h)         The contract shall be sent to the customer within three business days after the electric utility's confirmation to the ARES of an accepted enrollment.

 

i)          The ARES sales agent shall not conduct any in-person solicitations at any building or premises where any sign, notice or declaration of any description whatsoever is posted that prohibits sales, marketing or solicitations; provided, however, that an ARES sales agent may meet with representatives of a small commercial customer and conduct an in-person solicitation at a building or premises where such a notice is posted if an authorized representative of the small commercial customer has previously scheduled an appointment to meet with an agent of the ARES at the building or premises.

 

j)          The ARES sales agent shall obtain consent to enter multi-unit residential dwellings. Consent obtained to enter a multi-unit dwelling from one prospective customer or occupant of the dwelling shall not constitute consent to market to any other prospective customers in the dwelling without separate consent.

 

k)         Upon a customer's request, the ARES shall not conduct any further marketing to that customer until the customer requests to receive further marketing. The ARES shall notify its agents of a customer's request.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.130  Telemarketing

 

a)         In addition to complying with the Telephone Solicitations Act [815 ILCS 413], an ARES sales agent who contacts customers by telephone for the purpose of selling electric power and energy service shall provide the agent's name and identification number.  The ARES sales agent shall state that the agency represents an independent seller of electric power and energy service, certified by the Illinois Commerce Commission.  An ARES sales agent shall not state or otherwise imply that the agent is employed by, representing, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or a consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms and conditions that are available solely to members of that organization, or a governmental body or a program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.

 

b)         When it would be apparent to a reasonable person that a customer's language skills in the language of the solicitation are insufficient to allow the customer to understand a telephone solicitation in that language, or the customer or another person informs the agent of this circumstance, the agent must transfer the customer to a representative who speaks the customer's language, if such a representative is available, or terminate the call. When an interpreter is used, a form consistent with Section 2N of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] must be completed.

 

c)         An ARES sales agent shall, during the sales presentation to the customer disclose the items listed in Section 412.110(a) and (c) through (o) and any information included in the UDS required by Section 412.115 that is not included in Section 412.110(a) and (c) through (n). An ARES sales agent may disclose the items in any order so long as all applicable items are explained to the customer during the sales presentation. An ARES may secure consent to obtain customer-specific usage information for the purposes of pricing a product through a verifiable customer consent or another Commission-approved process.

 

d)         Any telemarketing solicitations that lead to a telephone enrollment must be recorded and retained for a minimum of two years.  All telemarketing calls that do not lead to a telephone enrollment, but last at least two minutes, shall be recorded and retained for a minimum of six months.  The recordings shall be provided upon request to Commission Staff or a customer who has completed a telephone enrollment.

 

e)         For telemarketing that leads to a completed telephone enrollment, a third party verification must be used to authorize a customer's enrollment.  The third party verification must require the customer to verbally acknowledge that the customer understands the disclosures required by Section 412.110(a) and (c) through (n).  Each item must be disclosed to the customer individually to obtain clear acknowledgment of each disclosure.  An ARES sales agent initiating a 3-way conference call or a call through an automated verification system shall drop off the call and shall not participate in or listen to the call, but shall not cause the call to be terminated once the 3-way connection has been established. The ARES shall not contact the customer after the TPV for a period of 24 hours unless contacted by the customer.

 

f)         The UDS and contract shall be sent, in writing, to the customer within three business days after the electric utility's confirmation to the ARES of an accepted enrollment.

 

g)         Upon a customer's request, the ARES shall refrain from any further marketing to that customer.  The ARES shall notify its agents of a customer's request.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.140  Inbound Enrollment Calls

 

a)         An ARES sales agent shall state that the agent represents an independent seller of electric power and energy service certified by the Illinois Commerce Commission. An ARES sales agent shall not state or otherwise imply that agent is employed by, representing, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms and conditions that are available solely to members of that organization, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements;

 

b)         When it would be apparent to a reasonable person that a caller's language skills are insufficient to allow the customer to understand and respond to a telephone conversation or solicitation in the language spoken by the sales agent, or the customer or another person informs the agent of this circumstance, the agent must transfer the customer to a representative who speaks the customer's language, if such a representative is available, or terminate the call. When an interpreter is used, a form consistent with Section 2N of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] must be completed.

 

c)         The ARES sales agent shall verbally disclose the items listed in Section 412.110(a) and (c) through (n).  An ARES sales agent may disclose the items in any order so long as all applicable items are explained to the customer during the sales presentation;

 

d)         All inbound enrollment calls that lead to an enrollment shall be recorded, and the recordings shall be retained for a minimum of two years. An inbound enrollment call that does not lead to an enrollment but lasts at least two minutes shall be retained for a minimum of six months. The recordings shall be provided upon request to Commission Staff or a customer who has completed a telephone enrollment;

 

e)         The ARES shall send the UDS and contract to the customer within three business days after the electric utility's confirmation to the ARES of an accepted enrollment.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.150  Direct Mail

 

a)         If an ARES sales agent contacts customers for enrollment for electric power and energy service by direct mail, the direct mail material shall include all the disclosures required in Section 412.110(a), (b), and (n) for the service being solicited.

 

b)         Statements in direct mail material shall not claim that the ARES sales agent represents, is endorsed by, or is acting on behalf of, a utility or a utility program, a consumer group or consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms and conditions that are available solely to members of that organization, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements. Statements in direct mail material shall not utilize false, misleading, materially inaccurate or otherwise deceptive language.

 

c)         If a direct mail solicitation includes a written Letter of Agency ("LOA"), the direct mail solicitation shall include the items listed in Section 412.110(a) and (c) through (n) and also the UDS described in Section 412.115.  The UDS shall be provided on a separate page from the other marketing materials included in the direct mail solicitation.  If a written LOA is being used to authorize a customer's enrollment, the written LOA shall comply with Section 2EE of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] and shall contain a statement that the customer has read and understood each of the disclosures required by Section 412.110(a), (c), and (e) through (m). The LOA to be signed and returned to the ARES shall be separate from the documents containing the Section 412.110 disclosures and from the UDS, such that they can remain with the customer.

 

d)         If the direct mail solicitation allows a customer to enroll by telephone, and the customer elects to do so, Section 412.140 shall apply.  If the direct mail solicitation allows a customer to enroll online, and the customer elects to do so, Section 412.160 shall apply.

 

e)         A copy of the contract must be sent to the customer within three business days after the electric utility's confirmation to the ARES of an accepted enrollment.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.160  Online Marketing

 

a)         Each ARES offering electric power and energy service to customers online shall make all disclosures in Section 412.110 for any services offered through online enrollment before requiring the customer to enter any personal information other than zip code, electric utility service territory, and type of service sought, unless the ARES secures consent to obtain customer-specific information for the purposes of pricing a product through a letter of agency or another Commission-approved method.  The ARES' marketing material shall not make any statements that it is a representative of, endorsed by, or acting on behalf of, a utility or a utility program, a consumer group or consumer group program unless the ARES is, through the consumer group, offering services at prices, terms, and conditions that are available solely to members of that organization, or, a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.

 

b)         The UDS and contract must be printable in a PDF format and shall be available electronically to the customer.

 

c)         The ARES shall obtain, in accordance with 83 Ill. Adm. Code 453 and Section 2EE(b) of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505], an authorization to change ARES that confirms and includes appropriate verification data by encrypted customer input on the ARES website.

 

d)         The enrollment website of the ARES shall, at a minimum, include:

 

1)         All disclosures required by Section 412.110;

 

2)         A statement that electronic acceptance of the terms is an agreement to initiate service and begin enrollment;

 

3)         A statement that the customer should review the contract and/or contact the current supplier to learn if any charges or fees for devices, equipment or other services provided by the utility or ARES are applicable; and

 

4)         An email address and toll-free phone number of the ARES where the customer can express a decision to rescind the contract.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.165  Rate Notice to Customers

 

a)         Each ARES shall make publicly available on its website, without need for customer login, rates currently available to residential customers, including but not limited to fixed periodic charges and per-kWh charges. The ARES must disclose the period to which the rates will apply. In addition, each ARES shall provide the rate information to its variable and time-of-use rate customers who request it through the ARES' toll-free number. The customer's contract shall contain the website address and toll-free phone number for the customer to obtain variable and time-of-use rate information in accordance with this Section. Additionally, when a customer's rates change during the term of an agreement or contract, the ARES shall make the new rates available to that customer on its website and, if applicable, through the customer's online account at least 30 days prior to the effective date of any rate change applicable for that billing cycle.

 

b)         If the ARES's charges are for residential variable or time-of-use rate customers, the ARES shall use the allotted space on the bill to disclose the customer's variable or time-of-use rate that is in effect at the time the bill is received by the customer and the percentage change, if any, of the variable or time-of-use rate from one monthly billing period to the next. When there is insufficient available allotted space on the bill for the ARES to make these disclosures each month, the ARES shall ensure that no residential variable or time-of-use rate customer receives consecutive monthly bills that fail to disclose upcoming variable or time-of-use rates in the bill's message section.

 

c)         If the ARES bills its residential variable or time-of-use rate customers directly, the ARES shall ensure that those customers' bills always contain the variable or time-of-use rate information described in this Section. Additionally, every ARES that issues a single bill for delivery and supply shall include the electric utility’s price to compare ("PTC") on the bill.

 

d)         If the electric utility's implementation of Section 16-118(d) prevents an ARES from complying with this Section, the ARES shall include a bill message that contains the toll-free phone number and/or website address where the variable or time-of-use rate information can be obtained by the customer. The requirements of subsections (b) and (c) to provide notifications in customer bills do not apply if the ARES sends the notifications required by this subsection via a written communication sent at the same time as the customer's monthly bill.

 

e)         If a residential variable rate customer's rate increases by more than 20% from one monthly billing period to the next, the ARES shall send a separate written, dated, notice to the customer, informing the customer of the upcoming rate change and shall include the electric utility’s PTC.

 

f)         Subsections (a) through (e) shall not apply to contracts that disclose the formula that will allow a customer to determine the variable or time-of-use rate based on a publicly available index or benchmark.  For contracts to which subsections (a) through (e) do not apply: 

 

1)         The ARES shall provide sufficient information on its website to identify the inputs to the formula used to calculate the variable or time-of-use rate, including the timing and location of the index or benchmark price and any other information necessary to calculate the rate;

 

2)         The ARES shall provide clear and unambiguous information on the index or benchmark and any risks represented by the potential volatility (price spikes) involved in the rate calculations;

 

3)         Notice of the rates shall be available on the ARES's website and by toll-free telephone as soon as reasonably practicable; and

 

4)         For time-of-use rates, high price notifications shall be given when the rate meets or exceeds a level set by the customer; notice shall be given as soon as practicable by telephone, email, or text message, as authorized by the customer.

 

g)         If a contract includes a provision that results in a change to the residential customer's rate plan, including a change from a fixed rate to a variable rate, the ARES shall send a separate written, dated, notice of the upcoming change at least 30 days, but no more than 60 days, prior to the switch. The separate written notice shall include:

 

1)         A statement printed or visible from the outside of the envelope or in the subject line of the email (if customer has agreed to receive official documents by email) that states "Upcoming Rate Plan Change";

 

2)         The bill cycle in which the changes to the rate plan will begin; and

 

3)         A statement in bold lettering, in at least 12-point type, that the rate can change for the remainder of the contract. If the customer is on a plan that changes from a fixed price to a variable price at the end of the contract term or during the contract term, and the customer is eligible for one or more fixed rate offers from the ARES, the ARES shall include information about those offers, including information explaining how to enroll in the offers. The notice shall advise the customer as to whether the customer is subject to an early termination fee after the switch and, if so, the amount of the fee. If the customer is not subject to an early termination fee after the switch to a price that can change, the notice shall so advise the customer.

 

h)         An ARES that currently (i) enrolls residential customers on a variable or time-of-use rate for three consecutive months in any electric utility's service territory , including products that automatically switch or convert to a variable rate during the term of the contract, and/or (ii) automatically renews customers on a variable rate product for three consecutive months in any electric utility’s service territory must, for a variable or time-of-use rate product, disclose on the ARES' website and through a toll-free number the one-year price history, or history for the life of the product if it has been offered less than one year and shall include the electric utility’s PTC. An ARES shall not rename a product in order to avoid disclosure of price history.

 

i)          If the contract includes a rate that changes, or has the potential to change, more than once a month (i.e., time-of-use rate) and if the specific prices per kWh for the duration of the contract are not specified in the contract, subsections (a) through (h) apply, but:

 

1)         The written notice in subsection (e) is required if a change in the time-of-use rate structure leads to a 20% or greater increase in an estimated bill for the customer's next billing cycle based on a reasonable proxy of that customer's usage pattern for the upcoming billing cycle without any modifications to the customer's consumption patterns.

 

2)         The subsection (h) disclosures shall include an example of monthly bills paid by a reasonable proxy of the customer's usage pattern.

 

j)          Subsections (a) through (f) and subsection (h) do not apply to time-of-use rates when the timing and price per kWh for the duration of the contract are clearly and unambiguously specified in the contract.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.170  Conduct, Training and Compliance of ARES Sales Agents

 

a)         Each ARES shall conduct or cause to be conducted training for individual representatives engaged in in-person solicitation and telemarketing to residential customers on behalf of that ARES prior to conducting any solicitations on the supplier’s behalf.  Each ARES shall submit a copy of its training material to the Commission on an annual basis (on or before June 1) and the Commission shall have the right to review and require updates to the material. After initial training, each ARES shall be required to conduct refresher training for its individual representatives every 6 months.

 

b)         Each ARES shall perform or cause to be conducted criminal background checks on all employees and ARES sales agents engaged in in-person solicitation. The ARES shall maintain a record confirming that a criminal background check has been performed on its employees or sales agents in accordance with this Section and shall produce that record on request to Commission Staff.

 

c)         An ARES sales agent shall be knowledgeable of the requirements applicable to the marketing and sale of power and energy service to the customer class being targeted. In addition to this Part, requirements pertaining to the marketing and sales of power and energy service may be found in other rules, the Act and the Consumer Fraud and Deceptive Business Practices Act.

 

d)         All ARES sales agents shall be familiar with electric power and energy services that they sell, including the rates, payment and billing options, the customers' right to cancel, and applicable termination fees, if any. In addition, the ARES sales agents shall have the ability to provide the customer with a toll-free number for billing questions, disputes and complaints, as well as the Commission's toll-free phone number for complaints.

 

e)         ARES sales agents shall not utilize false, misleading, materially inaccurate or otherwise deceptive language or materials in soliciting or providing services. ARES sales agents shall also fully comply with the requirements of Section 412.100, governing Marketing Materials.

 

f)         No ARES agent shall make a record of a customer's electric utility account number unless all applicable disclosures are made to the customer and the customer has agreed to enroll with the ARES; the ARES has secured consent from the customer to obtain customer-specific information for the purpose of pricing a product through a verifiable customer consent or other Commission approved method; or the "record" is a recording required by Sections 412.130 and 412.140.

 

g)         All ARES sales agents shall complete a training program that covers the applicable Sections of this Part. The ARES shall document the training of its sales agents and provide a certification to the Commission, in a format to be specified by Staff, showing that an agent completed the training program prior to a sales agent being eligible to market or sell electricity in Illinois. The ARES shall maintain records of certificates for three years from the date the training was completed.  Upon request by the Commission or Commission Staff, an ARES shall provide training materials and training records, including refresher training as described in (a), within seven business days.

 

h)         When an ARES contracts with an independent contractor or vendor to solicit customers on the ARES' behalf, the ARES shall confirm that the contractor or vendor has provided training in accordance with this Section.

 

i)          Each ARES shall monitor marketing and sales activities to ensure that its ARES sales agents are providing accurate and complete information and complying with all laws and regulations.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.180  Records Retention and Availability

 

a)         An ARES must retain, for the longer of two years or the length of the contract, verifiable proof of authorization to change suppliers for each customer. Upon request by the Commission or Commission Staff, the ARES shall provide authorization records within seven business days.

 

b)         Throughout the duration of the contract, and for two years thereafter, the ARES shall retain the customer's contract. Upon the customer's request, the ARES shall provide the customer a copy of the contract via email, U.S. mail or facsimile. The ARES shall send a copy of the contract within seven business days from receipt of the customer’s request if the customer is currently taking service under the contract or within fourteen business days if the customer is not currently taking service under the contract. The ARES shall not charge a fee for the copies if a customer requests fewer than three copies in a 12-month period.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.190  Renewable Energy Product Descriptions

 

a)         No ARES shall state or imply in any marketing or promotional material that any electric power and energy service marketed or sold by the ARES is "green", "renewable", or "environmentally friendly" or provide any description that conveys the impression that the electric power and energy service has a reduced impact on the environment, unless the ARES purchases and retires the appropriate number of RECs.

 

b)         An ARES marketing "green", "renewable" or "environmentally friendly" electricity offers, or other offers of any description that convey the impression that the electric power and energy service has a reduced impact on the environment, in compliance with subsection (a), shall comply with the following:

 

1)         disclose, on all materials used in the marketing of these offers and on its website, the following information:

 

A)        the total electric power and energy used to supply customers pursuant to the offer, the percentage of electricity paired with RECs;

 

B)        the renewable energy resource type mix (i.e., corresponding percentage of each resource, such as X% wind, X% solar, etc.) represented by the percentage of electricity in subsection (b)(1)(A), of the RECs that were paired with the electric power and energy used in supplying electricity to customers pursuant to each offer;

 

2)         disclose on all materials used in the marketing of these offers and on its website the percentage of electricity paired with renewable energy resources through RECs generated in the State of Illinois that will be used in supplying the electricity to customers pursuant to each offer;

 

3)         if an ARES cannot comply with subsections (b)(1)(C) and/or (b)(2) because it has not committed to particular renewable energy resources and/or has not committed to a particular location or locations of renewable energy resources at the time it markets the offers, the ARES shall disclose this fact in marketing materials and on its website. If the electricity product has been offered for 12 months or more, the ARES shall disclose the renewable energy resource mix (and corresponding percentages of each resource) and percentage of electricity paired with renewable energy resources through RECs generated in the State of Illinois for the electricity product for the previous year. If the electricity product has been offered for fewer than 12 months, the RES must disclose the renewable energy resource mix (and corresponding percentages of each resource) and percentage of electricity paired with renewable energy resources through RECs generated in the State of Illinois that it may purchase for the electricity product;

 

4)         the disclosures required in subsections (b)(1) through (b)(3) shall also apply to offers posted by an ARES on the Commission's PlugInIllinois.org website;

 

5)         within 14 months after enrolling a customer on a "green", "renewable" or "environmentally friendly" offer or offers of any description that convey the impression that the electric power and energy service has a reduced impact on the environment, and annually thereafter, the ARES shall:

 

A)        provide the customer with a written disclosure of the following information for the customer's electric power and energy use:

 

i)          of the customer's total electric power and energy usage, the percentage of electricity paired with;

 

ii)         the renewable energy resource type mix (i.e., corresponding percentage of each resource, such as X% wind, X% solar, etc.) and locations (at a minimum by state) of the RECs that were paired with electricity used by the customer; and

 

B)        upon request, provide Commission Staff with the disclosure referenced in subsection (b)(5)(A) for each offer.  In addition, the ARES shall provide to Commission Staff, upon request, verification of the information submitted pursuant to this Section;

 

6)         upon request of Commission Staff, the ARES shall provide verification that the renewable energy credits claimed have been retired; and

 

7)         the annual disclosure requirement of subsection (5) shall apply to "green", "renewable", "environmentally friendly" or similarly phrased claims from ARES serving customers in municipal aggregation programs.

 

c)         For any electric power or energy service marketed or sold by an ARES that is described as "green", "renewable" or "environmentally friendly", or by any term or descriptor of like or similar meaning, the ARES shall retire the appropriate number of RECs.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

SUBPART C: RESCISSION, DEPOSITS, EARLY TERMINATION AND AUTOMATIC CONTRACT RENEWAL

 

Section 412.200  Application of Subpart C

 

The provisions of this Subpart shall only apply to an ARES serving or seeking to serve residential or small commercial retail customers and only to the extent the ARES provides services to residential or small commercial retail customers.  In addition, Section 412.210 shall apply to non-ARES electric utilities.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.210  Rescission of Sales Contract

 

a)         The customer may rescind a contract with an ARES without penalty before the ARES submits the enrollment request to the electric utility. Within one business day after processing a valid electronic enrollment request from the ARES, the electric utility shall notify the customer in writing of the scheduled enrollment and provide the name of the ARES that will be providing electric power and energy service. The customer may also rescind the contract with the ARES without penalty within 10 calendar days after the date of the electric utility's notice to the customer.  The electric utility shall provide confirmation of an accepted enrollment to the ARES, including the date of the notice to the customer, at the same time that it provides a written enrollment notice to the customer. The written enrollment notice from the electric utility shall state the last day to make a request rescinding the enrollment and provide contact information for the ARES. The written enrollment notice from the electric utility shall also provide information regarding the customer's rights under this Section, including contact information for the utility and the Commission, if the enrollment has been made in error or without the customer's consent.

 

b)         A customer wishing to rescind the pending enrollment with the ARES may do so by contacting either the ARES or the electric utility within 10 calendar days after the effective date of the enrollment shown on the electric utility notice to the customer.  

 

c)         If the 10^th calendar day falls on a non-business day, the rescission period will be extended through the next business day.

 

d)         In the event the customer provides notice of rescission to the electric utility, the electric utility shall notify the ARES within one business day after processing a valid rescission request from the customer.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.215  Deposits

 

Any other provision of this Part notwithstanding, an ARES shall not require a customer deposit if the ARES is selling the receivables for electric power and energy for that customer to the electric utility pursuant to Section 16-118(c) of the Act.

 

(Source:  Former Section 412.220 renumbered to Section 412.215 and amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.220  Termination of Sales Contract

 

a)         Residential and small commercial customers shall have a right to terminate their contracts with alternative retail electric suppliers at any time without any termination fees or penalties. The contract shall disclose the right to terminate and provide a toll-free phone number that the customer may call in order to terminate the agreement.  This requirement does not relieve the customer of obligations to pay for services rendered under the contract until service is terminated.  The caps on early termination fees and penalties shall not apply to charges or fees for devices, equipment, or other services provided by the utility or alternative retail electric supplier. The ARES shall document and retain for a period of two years all such customer requests to terminate service with the ARES.  If unforeseen circumstances delay the transmission of the request to the utility, the ARES must transmit the request to the utility within the following two (2) business days, provided, however, that the ARES must detail the reason for the delay in its records.

 

b)         An ARES must process any Customer’s termination request by transmitting a termination request to the utility within one business day after receipt of the termination request from the customer. The ARES shall document and retain for a period of two years all such customer requests to terminate service with the ARES.  If unforeseen circumstances delay the transmission of the request to the utility, the ARES must transmit the request to the utility within the following two business days, provided, however, that the ARES must detail the reason for the delay in its records.

 

(Source:  Former Section 412.230 renumbered to Section 412.220 and amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.230  Contract Renewal

 

a)         Non-Automatic Renewal. The ARES shall clearly and conspicuously disclose any renewal terms in its contracts, including any cancellation procedure.  The ARES shall send a notice of contract expiration separate from the bill at least 30 but no more than 60 days prior to the date of contract expiration. Nothing in this Section shall preclude an ARES from offering a new contract to the customer at any other time during the contract period. If the customer enters into a new contract prior to the end of the contract expiration notice period, the notice of contract expiration under this Section is not required. The separate written notice of contract expiration shall include:

 

1)         A statement printed or visible from the outside of the envelope or in the subject line of the email (if customer has agreed to receive official documents by email) that states "Contract Expiration Notice";

 

2)         The anticipated bill cycle in which the existing contract will expire; 

 

3)         A full description of the renewal offer, including the date service would begin under the new offer, if a renewal offer was provided.  If the new contract's terms differ from the existing contract, the ARES shall include a UDS that identifies the new terms, as well as a side-by-side comparison of the material changes between the existing contract and the new contract; and

 

4)         A statement, in at least 12-point font, that the customer must provide affirmative consent to accept the renewal offer, that establishing service with another ARES can take up to 45 days, and that failure to renew the existing contract or switch to another ARES may result in the customer being reverted to the electric utility default service. The statement shall provide the length of the electric utility tariff minimum stay period, if applicable.

 

b)         Automatic Renewal.

 

1)         In addition to complying with the Illinois Automatic Renewal Act [815 ILCS 601], beginning January 1, 2020, an ARES shall not sell or offer to sell any products or services to a consumer pursuant to a contract in which the contract automatically renews, unless an alternative retail electric supplier provides to the consumer at the outset of the offer, in addition to other disclosures required by law, a separate written statement titled "Automatic Contract Renewal" that clearly and conspicuously discloses in bold lettering in at least 12-point font the terms and conditions of the automatic contract renewal provision, including:

 

A)        the estimated bill cycle on which the initial contract term expires and a statement that it could be later based on when the Electric Utility accepts the initial enrollment;

 

B)        the estimated bill cycle on which the new contract term begins and a statement that it will immediately follow the last billing cycle of the current term;

 

C)        the procedure to terminate the contract before the new contract term applies; and

 

D)        the cancellation procedure. [815 ILCS 505/2EE(c)(7)(A)]

 

Disclosures compliant with Section 2EE(c)(7)(A) of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] shall constitute compliance with this subsection (b)(1). Nothing in this subsection (b)(1) shall be construed to apply to contracts entered into before January 1, 2020.

 

2)         If the ARES sells or offers to sell the products or services to a consumer during an in-person solicitation or telemarketing solicitation, the disclosures described in subsection (b)(1) shall also be made to the consumer verbally during the solicitation.

 

3)         For contracts that automatically renew after the initial term, the ARES shall send a notice of contract renewal separately from the bill at least 30 days but no more than 60 days prior to the end of the contract term. Nothing in this Section shall preclude an ARES from offering a new contract to the customer at any other time during the contract period. If the customer enters into a new contract prior to the end of the contract renewal notice period, the notice of contract renewal under this subsection is not required. Disclosures compliant with Section 2EE(c)(7)(B) of the Consumer Fraud and Deceptive Business Practices Act, as in force and effect on January 1, 2020, shall constitute compliance with this subsection (b)(3).

 

c)         The separate written notice of contract renewal referenced in subsection (b) shall include a clear and conspicuous disclosure of the contract terms, including a full description of any renewal offers available to the customer.  If the new contract's terms differ from the existing contract, the ARES shall provide written notice of the new terms.  The ARES shall include the phone number and email address (or internet address if no email address currently exists) to which a customer may submit a consumer inquiry or complaint to the Illinois Commerce Commission and the Office of the Attorney General.  The ARES should also include, as is applicable:

 

1)         for a fixed rate or flat bill contract, a side-by-side comparison of the current fixed rate or flat bill to the new fixed rate or flat bill;

 

2)         for a variable rate contract or time-of-use product in which the first month's renewal price can be determined, a side-by-side comparison of the current price and the price for the first month of the new variable or time-of-use price; or

 

3)         for a variable or time-of-use contract based on a publicly available index, a side-by-side comparison of the current formula and the new formula.

 

d)         An alternative retail electric supplier shall not automatically renew a consumer's enrollment after the current term of the contract expires when the current term of the contract provides that the consumer will be charged a fixed rate and the renewed contract provides that the consumer will be charged a variable rate, unless:

 

1)         the alternative retail electric supplier complies with subsection (b); and

 

2)         the customer expressly consents to the contract renewal in writing or by electronic signature at least 30 days, but no more than 60 days, before the contract expires.

 

e)         In addition to sending documentation required by subsection (b)(2) by U.S. Mail or email, an ARES must alert the customer to the information contained in subsection (c)(2) by one additional means of communication. The ARES may provide for the customer's choice one or more options for this additional notification. Permissible forms of notification an ARES may offer include email, text message/SMS, postcards, or phone calls; provided, however, that the policy preference of the Commission is that an ARES use phone calls when an ARES is able to obtain a customer's express written consent to give notice in this manner. An ARES may provide the additional notification by directing the customer to a website that contains the entirety of the information required by subsection (b). Each ARES shall maintain records that the additional notification was sent to the customer for the longer of two years or one year after the customer is no longer served by the ARES.

 

(Source:  Former Section 412.240 renumbered to Section 412.230 and amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.240  Assignment

 

An ARES that is certified to serve residential or small commercial customers shall not assign an agreement with a customer to any different ARES unless:

 

a)         The new supplier is an ARES certified by the Commission;

 

b)         The new ARES is in compliance with all applicable requirements of the Commission and the electric utility to provide electric service;

 

c)         The customer is given written notice by the ARES of the assignment no less than 30 days prior to the assignment.

 

d)         The written notice shall include contact information for the new supplier, contact information for the default electric supplier should the customer not wish to take service with the new ARES, and contact information for the Commission’s Consumer Services Division; and

 

e)         The Commission’s Customer Service Division and the Office of Retail Market Development are given written notice of the assignment no less than 30 days prior to the assignment. The ARES assigning the contract provides contact information that a customer can use to resolve a dispute.

 

(Source:  Former Section 412.250 renumbered to Section 412.240 and amended at 46 Ill. Reg. 19509, effective November 23, 2022)

SUBPART D: DISPUTE RESOLUTION AND CUSTOMER COMPLAINT REPORTS

 

Section 412.300  Application of Subpart D

 

The provisions of this Subpart shall only apply to an ARES serving or seeking to serve residential or small commercial retail customers and only to the extent the ARES provides services to residential or small commercial retail customers. In addition, Section 412.320(c)(1)(B) and (c)(1)(E) shall apply to non-ARES electric utilities.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.310  Required ARES Information

 

a)         Prior to the ARES initiating marketing to residential and small commercial retail customers, and annually on or before June 1 thereafter, the ARES shall file electronically with the Chief Clerk of the Commission the following documents and information:

 

1)         A copy of its bill formats (if it bills customers directly rather than using electric utility consolidated billing) (combined billing for RES services and electric utility services on the electric utility bill);

 

2)         Standard customer contract;

 

3)         Customer complaint and resolution procedures; and

 

4)         The name, telephone number and email address of the company representative whom Commission employees may contact to resolve customer complaints and other matters.

 

b)         If, at the time of its annual filing, there are no changes to the documents or information on file with the Commission in compliance with subsection (a) above, the ARES shall file a document that affirms there are no changes from the prior year’s filing.

 

c)         The ARES must file updated information within 10 business days after changes in any of the documents or information required to be filed by this Section.

 

d)         If the ARES has declared force majeure within the past 10 years on any contracts to deliver electric services, the ARES shall provide notice to the Commission Staff prior to marketing to residential and small commercial retail customers.

 

e)         By May 31, 2020, and every June 30 thereafter, each ARES shall file with the Chief Clerk of the Commission, and provide a copy to the Commission's Consumer Services Division (CSD) and the Office of Retail Market Development (ORMD), the rates that it charged to residential customers in the prior year, including each distinct rate charged and whether the rate was a fixed or variable rate, the basis for the variable rate, and any fees charged in addition to the supply rate, including monthly fees, flat fees, or other service charges. [220 ILCS 5/16-115A(a)(iii)]

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.320  Dispute Resolution

 

a)         The Commission has jurisdiction over any complaint alleging an ARES has violated or is in nonconformance with its obligations under Section 16-115 (Certification) and/or Section 16-115A (Obligation as an ARES), has violated or is in nonconformance with customer contracts, applicable tariffs, and applicable sections of the Act. [220 ILCS 5/16-115B]

 

b)         Complaints may be filed by a consumer or by the Commission on its own motion when it appears that an ARES has provided service not in compliance with Section 2EE of the Consumer Fraud and Deceptive Practices Act [815 ILCS 505].

 

c)         A prospective customer has the right to make a formal or informal complaint to the Commission. An ARES contract cannot impair this right.

 

d)         A customer, including a prospective customer for electric power and energy service may submit a complaint by U.S. mail, facsimile transmission, email or telephone to an ARES. The ARES shall initiate an investigation and advise the complainant of the status or any results of the investigation within 14 calendar days. If the ARES responds to the customer's or prospective customer's complaint verbally, the ARES shall inform the customer or prospective customer of the ability to request and obtain the ARES's response in writing.   When the ARES responds, a customer or prospective customer shall be informed of the right to file a complaint with the Commission and the Office of the Illinois Attorney General.

 

e)         Complaints to the Commission

 

1)         Informal Complaints (see 83 Ill. Adm. Code 200.160)

 

A)        The ARES shall inform the complainant of the complainant's ability to file an informal complaint with the Commission's Consumer Services Division (CSD) and provide contact information for the CSD. Informal complaints may be filed with the CSD by phone, via the internet, by fax or by mail. Information required to process a customer's informal complaint includes:

 

i)          The customer's name, mailing and service addresses, and telephone number;

 

ii)         The name of the ARES;

 

iii)        The customer's electric utility and ARES account numbers;

 

iv)        An explanation of the facts relevant to the complaint;

 

v)         The complainant's requested resolution; and

 

vi)        Any documentation that supports the complaint, including copies of bills or terms of service documents.

 

B)        The Commission's CSD may resolve an informal complaint via phone by completing a three-way call involving the customer, the CSD staff and the ARES. If no resolution is reached by phone and a dispute remains, an informal complaint may be sent to the ARES. In the case of the electric utility purchasing the ARES's receivables or electric utility consolidated billing, the ARES shall notify the electric utility of any informal complaint received and the electric utility shall follow the procedures outlined in its billing service agreement with the ARES to withhold collection activity on disputed ARES charges on the customer's bill.

 

C)        The ARES shall investigate all informal complaints and advise the CSD in writing of the results of the investigation within 14 days after the informal complaint is forwarded to the ARES.

 

D)        The CSD shall review the complaint information and the ARES'S response and notify the complainant of the results of the Commission's investigation.

 

E)        While an informal complaint process is pending:

 

i)          The ARES (or the electric utility in the case of the electric utility having purchased the ARES's receivables) shall not initiate collection activities for any disputed portion of the bill until the Commission Staff has closed the informal complaint; and

 

ii)         A customer shall be obligated to pay any undisputed portion of the bill and the ARES (or the electric utility in the case of the electric utility purchasing the ARES's receivables or the utility presenting the ARES' charges on a consolidated bill) may pursue collection activity for nonpayment of the undisputed portion after appropriate notice.

 

F)         The ARES shall keep a record for two years after closure by the CSD of all informal complaints. This record shall show the name and address of the complainant and the date and nature and adjustment or disposition of the informal complaint.

 

2)         Formal Complaints. If the complainant is not satisfied with the results of the informal complaint process, the complainant may file a formal complaint with the Commission pursuant to Section 10-101 of the Act and 83 Ill. Adm. Code 200.170.

 

3)         Disclosure of ARES Level of Customer Complaints. The Commission will, on at least a quarterly basis, prepare summaries of all formal and informal complaints received by it and publish those summaries on its website. The summaries will be in an easy-to-read and user friendly format.

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.330  Failure to Comply

 

Unless otherwise noted, a violation of this Part shall be subject to the fines and penalties set forth in the Act and in Section 2EE of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505].

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)

 

Section 412.340  Severability

 

If any provision of this Part is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

 

(Source:  Added at 41 Ill. Reg. 13972, effective November 1, 2017)







 

 

Section 412.APPENDIX A   Uniform Disclosure Statement

 

UNIFORM DISCLOSURE STATEMENT

 

Name:

Address:

Internet Address:

 

Phone and hours of operation:

 

Rates and Product Information
Price (in cents/kWh) and number of months this price stays in effect:
Utility Electric Supply Price to Compare (PTC) (in cents/kWh):	Price:	Effective:		Expires:
(Name of the alternative retail electric supplier) is not the same entity as your electric delivery company. You are not required to enroll with (name of alternative retail electric supplier). Beginning on (effective date), the electric supply price to compare is (price in cents per kilowatt hour). The electric utility electric supply price will expire on (expiration date). The utility electric supply price to compare does not include the purchased electricity adjustment factor. For more information go to the Illinois Commerce Commission’s free website at www.pluginillinois.org. If applicable, the disclosure will also include the following statement:  "The purchased electricity adjustment factor may range between +.5 cents and -.5 cents per kilowatt hour."
Other periodic charges:
Total Price (in cents/kWh) with other periodic charges:	500 kWh		1,000 kWh		1,500 kWh
Length of contract:
Price after the initial price:
Contract Renewal
Contract Renewal:
Right to Rescind and Terminate
Rescission:	You have a right to rescind (stop) your enrollment within 10 calendar days after the date on your electric utility's written notice confirming the switch of your supplier. You may call us at (toll-free number) or your utility at (toll-free number) to rescind.
Termination:	You have the right to terminate an agreement with an alternative retail electric supplier AT ANY TIME WITH NO TERMINATION FEES AND NO PENALTIES. You may call us at (insert ARES toll-free number) to terminate this contract. The limit on early termination fees and penalties shall not apply to charges or fees for devices, equipment, or other services provided by the alternative retail electric supplier.

 

This is a sales solicitation and the seller is (insert ARES Name), an independent retail electric supplier. If you enter into a contract with the seller, (insert ARES name) will be your retail electric supplier. The seller is not endorsed by, representing, or acting on behalf of, a utility or utility program, a consumer group or consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms and conditions that are available solely to members of that organization, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.

 

If you have any concerns or questions about this sales solicitation, you may contact the Illinois Commerce Commission's Consumer Services Division at 800-524-0795. For information about the price to compare (PTC)of your electric utility and offers from other retail electric suppliers, please visit PlugInIllinois.org.

 

 

Date:

Agent Name/ID:

 

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)