TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.10 DEFINITIONS
Section 412.10 Definitions
"Act" means the Public
Utilities Act [220 ILCS 5].
"Alternative retail electric
supplier" or "ARES" means alternative retail electric supplier
as defined in Section 16-102 of the Public Utilities Act.
"ARES sales agent" means
any employee, agent, independent contractor, consultant, or other person who is
engaged by an ARES to solicit customers to purchase, enroll in or contract for
electric power and energy service on behalf of an ARES. ARES sales agent does
not include any agent, broker or consultant licensed under Section 16-115C of
the Public Utilities Act that is acting as agent for the customer and not
soliciting enrollments on behalf of any individual ARES.
"Commission" means the
Illinois Commerce Commission.
"Complaint" means an
objection made to an ARES by a customer or other entity as to its charges,
facilities or service, the disposal of which complaint requires investigation
or analysis.
"Customer," when used
without additional modifying language, shall mean small commercial retail
customers and residential customers collectively, as those terms are defined in
this Section.
"Early termination fee"
or "ETF" means a fee or penalty for terminating an agreement or
contract for electric power and energy service provided by the ARES before the
end of the contract term.
"Electric utility" means
an electric utility as defined in Section 16-102 of the Public Utilities Act.
"Enrollment" means the
process by which an ARES submits or executes a change in a customer’s selection
of an electric supplier, enters into and effectuates a contract with a customer
to provide the supply portion of electric service and the RES submits a valid
direct access service request to the utility to effectuate that contract.
"Fixed rate" means that the
per-kWh charge for electric power and energy service remains the same for the
term of the contract.
"Goodwill and institutional
advertising" means any advertising either on a local or national basis
designed primarily to bring the ARES’s name before the general public in such a
way to improve the image of the ARES or to promote the ARES or the industry,
and that does not:
contain information about prices,
terms, or conditions of retail electric supply products or services offered by
ARES to customers; or
direct or induce customers to sign
up for such products or services.
"Inbound enrollment
call" means a telephone call to an ARES sales agent initiated by a
customer that results in either an enrollment or a change of provision of that
customer's electric power and energy service.
"In-person solicitation"
means any sale initiated or conducted when an ARES sales agent is physically
present with the customer.
"Letter of Agency" or
"LOA" means the document described in Section 2EE of the Consumer
Fraud and Deceptive Business Practices Act [815 ILCS 505] and referenced in
Section 16-115A of the Public Utilities Act.
"Pending enrollment"
means that a valid direct access service request has been submitted by an ARES
and accepted by an electric utility, for which the beginning meter read date
upon which the switch will become effective has not yet occurred.
"Public Utility" has the
same meaning as “public utility” as defined by Section 3-105 of the Act.
"Renewable energy credit"
or "REC" means a tradeable credit that represents the
environmental attributes of one megawatt hour (1,000 kWh) of energy
produced from a renewable energy resource. [20 ILCS 3855/1-10]
"Renewable energy
resources" means, according to 42 USC 7372, any energy resource that
has recently originated in the sun. "Renewable energy resources"
includes energy and its associated renewable energy credit or renewable energy
credits from wind, solar thermal energy, photovoltaic cells and panels,
biodiesel, anaerobic digestion, crops and untreated and unadulterated organic
waste biomass, tree waste, hydropower that does not involve new construction or
significant expansion of hydropower dams, and landfill gas produced in Illinois.
"Renewable energy resources" does not include the incineration or
burning of tires, garbage, general household, institutional, and commercial
waste, industrial lunchroom or office waste, landscape waste other than tree
waste, railroad crossties, utility poles, or construction or demolition debris,
other than untreated and unadulterated waste wood. [20 ILCS 3855/1-10]
"Rescission" or "to
rescind" means the cancellation of an agreement or contract with an ARES
before the ARES has submitted an enrollment request to the electric utility
and/or within 10 calendar days after the date on the electric utility’s written
notice to the customer of the switch.
"Residential customer" means
a person receiving gas, electric, water or sanitary sewer utility service for
household purposes furnished to a dwelling of one or two units that is billed
under a residential rate.
"Send" or
"Sent", when used in this Part to describe the action to be taken by an
Alternative Retail Electric Supplier in sending a document to a customer, may
include, if agreed to by the receiving customer, transmission of the document
to the customer via electronic delivery (e.g., fax or email).
"Small commercial retail
customer" means a nonresidential customer of an electric utility consuming
15,000 kWh or less of electricity annually in its service area. An ARES may
remove the customer from designation as a "small commercial retail
customer" if the customer consumes more than 15,000 kWh of electricity in
any calendar year after becoming a customer of an ARES. In determining whether
a customer is a small commercial retail customer, usage by the same commercial
customer shall be aggregated to include usage at the same premises, even if
measured by more than one meter, and to include usage at multiple premises.
Nothing in this Part creates an affirmative obligation on an electric utility
to monitor or inform customers or ARES as to a customer's status as a small
commercial retail customer as defined by this definition. Nothing in this Part
relieves an electric utility from any obligation to provide information upon request
to a customer, an ARES, the Commission or others necessary to determine whether
a customer meets the classification of small commercial retail customer.
"Third party
verification" or "TPV" means the process required by Section 2EE(b)
of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505] to be
used to verify that the customer wants to make a change in electric supplier. An
ARES or its agent shall not describe the TPV as having any other purpose.
"Time-of-use rate" means
that the per-unit charge for electric power and energy service changes more
than once per month.
"Transferred call" means
any enrollment call to an ARES in which the customer did not directly dial an ARES.
This includes calls that originate as live or automated calls to the customer,
who then might select an option that results in the call being forwarded to an ARES
sales agent. "Transferred call" does not include enrollment calls in
which the customer directly dials an aRES
call center and selects to be forwarded to an ARES sales agent from a call
center menu or live operator. For purposes of enrollment compliance,
transferred calls shall be treated as telemarketing within the meaning of
Section 412.130.
"Utility assistance
recipient" means a utility customer that received financial assistance in
the previous 12 months from either the Low Income Home Energy Assistance
Program (LIHEAP), Low Income Home Water Assistance Program (LIHWAP), or that,
at the time of enrollment, is participating in the Percentage of Income Payment
Plan (PIPP) described in 220 ILCS 5/19-116.
"Utility Electric Supply
Price to Compare" or "PTC" means the sum on the day of
the disclosure of the electric supply charge and the transmission services
charge and shall not include the purchased electricity adjustment.
[220 ILCS 5/16-115A(e)(i)]
"Variable rate" means that
the per-kWh charge for electric power and energy service changes at any time
during the term of the contract but does not change more than once per month.
"Written" or "in writing"
means a paper copy. However, when this Part requires information to be
"written" or "in writing", an electronic copy satisfies
that requirement so long as the customer has agreed to electronic
communication.
(Source:
Amended at 46 Ill. Reg. 19509, effective November 23, 2022)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.15 COMPLIANCE
Section
412.15 Compliance
Each ARES shall
be in full compliance with each requirement set forth in this Part on or before
May 1, 2023 unless the Commission grants an extension of time to an ARES for
cause. Nothing in these rules modifies or limits compliance by the ARES with
any requirement set forth in Public Act 101-590 beginning January 1, 2020.
(Source:
Amended at 46 Ill. Reg. 19509, effective November 23, 2022)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.20 WAIVER
Section 412.20 Waiver
a) The
Commission, on application or petition of an ARES or non-ARES electric utility,
may grant a temporary or permanent waiver from this Part, or any applicable
subsections contained in this Part, in individual cases in which the Commission
finds:
1) the provision from
which the waiver is granted is not statutorily mandated;
2) no party will be
injured by the granting of the waiver; and
3) the
rule from which the waiver is granted would, as applied to the particular case,
be unreasonable or unnecessarily burdensome.
b) The
burden of proof in establishing a right to a waiver shall be on the party
seeking the waiver.
(Source:
Amended at 46 Ill. Reg. 19509, effective November 23, 2022)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.30 CONSTRUCTION OF THIS PART (REPEALED)
Section 412.30 Construction of this Part (Repealed)
(Source:
Repealed at 41 Ill. Reg. 13972, effective November 1, 2017)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.40 ALTERNATIVE ELECTRIC SUPPLIER UTILITY ASSISTANCE RECIPIENT
Section 412.40 Alternative Electric Supplier Utility
Assistance Recipient
An alternative retail electric supplier shall not
knowingly submit an enrollment to change a customer’s electric supplier if the
electric utility’s records indicate that the customer either received financial
assistance in the previous 12 months from the Low Income Home Energy Assistance
Program, Low Income Home Water Assistance Program (LIHWAP), or, at the time of
enrollment is participating in the Percentage of Income Payment Plan, unless:
a) the
customer’s change in electric supplier is pursuant to a government aggregation
program adopted in accordance with Section 1-92 of the Illinois Power Agency
Act, or
b) the
customer’s change in electric supplier is pursuant to a Commission-approved
savings guarantee plan as described in the Act. [220 ILCS 5/16-115E]
(Source: Added at 46 Ill. Reg. 19509,
effective November 23, 2022)
SUBPART B: MARKETING PRACTICES
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.80 APPLICATION OF SUBPART B
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.100 MARKETING MATERIALS
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.105 USE OF UTILITY LOGO AND NAME
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.110 MINIMUM CONTRACT TERMS AND CONDITIONS
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.115 UNIFORM DISCLOSURE STATEMENT
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.120 IN-PERSON SOLICITATION
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.130 TELEMARKETING
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.140 INBOUND ENROLLMENT CALLS
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.150 DIRECT MAIL
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.160 ONLINE MARKETING
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.165 RATE NOTICE TO CUSTOMERS
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)
ADMINISTRATIVE CODE TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412 OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.170 CONDUCT, TRAINING AND COMPLIANCE OF ARES SALES AGENTS
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)
|
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.180 RECORDS RETENTION AND AVAILABILITY
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)
ADMINISTRATIVE CODE TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412 OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.190 RENEWABLE ENERGY PRODUCT DESCRIPTIONS
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
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.200 APPLICATION OF SUBPART C
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.210 RESCISSION OF SALES CONTRACT
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 10th 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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.215 DEPOSITS
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.220 TERMINATION OF SALES CONTRACT
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.230 CONTRACT RENEWAL
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.240 ASSIGNMENT
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
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.300 APPLICATION OF SUBPART D
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.310 REQUIRED ARES INFORMATION
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.320 DISPUTE RESOLUTION
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.330 FAILURE TO COMPLY
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)
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.340 SEVERABILITY
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
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER c: ELECTRIC UTILITIES
PART 412
OBLIGATIONS OF RETAIL ELECTRIC SUPPLIERS
SECTION 412.APPENDIX A UNIFORM DISCLOSURE STATEMENT
Section
412.APPENDIX A Uniform Disclosure Statement
UNIFORM
DISCLOSURE STATEMENT
Name:
Address:
Internet
Address:
Phone and hours
of operation:
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Rates and Product Information
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Price (in
cents/kWh) and number of months this price stays in effect:
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Utility Electric Supply Price to Compare (PTC)
(in
cents/kWh):
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Price:
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Effective:
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Expires:
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(Name of the alternative retail electric supplier) is not
the same entity as your electric delivery company. You are not required to
enroll with (name of alternative retail electric supplier). Beginning on
(effective date), the electric supply price to compare is (price in cents per
kilowatt hour). The electric utility electric supply price will expire on
(expiration date). The utility electric supply price to compare does not
include the purchased electricity adjustment factor. For more information go
to the Illinois Commerce Commission’s free website at 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."
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Other periodic
charges:
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Total Price
(in cents/kWh) with other periodic charges:
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500
kWh
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1,000
kWh
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1,500
kWh
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Length of
contract:
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Price after
the initial price:
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Contract Renewal
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Contract Renewal:
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Right to Rescind and Terminate
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Rescission:
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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.
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Termination:
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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.
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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.
(Source:
Amended at 46 Ill. Reg. 19509, effective November 23, 2022)
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