TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.5 DEFINITIONS
Section 465.5 Definitions
Terms defined in Section 16-102 of the Public Utilities Act
(Act) [220 ILCS 5/16-102] shall have the same meaning for purposes of this Part
as they have under Section 16-102 of the Act, unless further defined in this Part.
"Alternative
retail electric supplier" or "ARES" has the meaning set forth in
Section 16-102 of the Act.
"Annual period" means
the period of 12 consecutive monthly billing periods ending on the last day of
either the net metering customer's April monthly billing period or its October
monthly billing period, whichever was selected by the customer in connection
with its application for net metering.
"Arm's-length agreement"
means an agreement negotiated by unrelated parties, each acting in his or her
own self-interest. "Arm's-length agreement" shall not include any
standardized agreement offered to consumers of goods or services that does not
afford the consumer a realistic opportunity to bargain and is offered under
such conditions that the consumer cannot obtain the desired product or service
except by acquiescence in the standardized agreement.
"Avoided costs" means
the incremental costs to the electricity provider of electric energy or
capacity or both, which, but for the purchase from an eligible customer, the
electricity provider would generate itself or purchase from another source.
"Electric utility" means
a public utility, as defined in Section 3-105 [220 ILCS 5/3-105] of the Act,
that has a franchise, license, permit or right to furnish or sell electricity
or light, except when used solely for communications purposes, to retail
customers within a service area, as both of these terms are defined in Section 16-102
of the Act.
"Electricity provider"
means an electric utility or an alternative retail electric supplier.
"Electricity supplier"
means:
the alternative retail electric
supplier that is providing electric supply services; or
the electric utility that is
providing electric supply services, either within or outside its service area.
"Eligible customer" or
"customer" means a retail customer that owns or operates a solar,
wind, or other eligible renewable electrical generating facility with a rated
capacity of not more than 2,000 kilowatts (kW) that is located on the
customer's premises and is intended primarily to offset the customer's own
electrical requirements.
"Eligible renewable
electrical generating facility" means a generator or generators with a
total rated capacity of not more than 2,000 kW powered by solar electric
energy, wind, dedicated crops grown for electricity generation, agricultural
residues, untreated wood waste and unadulterated wood waste, landscape
trimmings, livestock manure, anaerobic digestion of livestock waste or anaerobic
digestion of food processing waste, fuel cells powered by renewable fuels or
microturbines powered by renewable fuels, or hydroelectric energy.
"Net electricity
metering" or "Net metering" means measurement during the billing
period applicable to an eligible customer of the net amount of electricity
supplied by an electricity provider to the customer's premises or provided to
the electricity provider by the customer.
"Net
purchaser of electricity" means that the total amount of generation
produced by the customer is less than the customer's total usage during an
applicable billing period.
"Net seller of
electricity" means that the total amount of generation produced by the
customer is greater than the customer's total usage during an applicable
billing period.
"Non-competitive
customer" means an eligible customer whose class of electric service had
not been declared competitive pursuant to Section 16-113 of the Act prior to
July 1, 2011, including:
all residential
retail customers;
all non-residential retail
customers with peak demands of less than 100 kW if located in the service
territory of an electric utility serving at least 3,000,000 retail customers;
and
all non-residential retail
customers with peak demands of less than 150 kW if located in the service
territory of an electric utility serving at least 1,000,000 retail customers.
"Time of use rate" means
any contract or tariff under which the kilowatt-hour (kWh) price for electric
power and energy supply is not uniform over all of the hours in a billing
period.
"Type (d) Customer"
means an eligible, non-competitive customer whose electric delivery service is
provided and measured on a kWh basis and whose electric supply service is not
based on hourly pricing.
"Type (d-5) Customer"
means an eligible, non-competitive customer whose electric delivery service is
provided and measured on a kWh basis and whose electric supply service is based
on hourly pricing.
"Type (e) Customer"
means an eligible, non-competitive customer whose electric delivery service is
provided and measured on a kW demand basis and whose electric supply service is
not based on hourly pricing.
"Type (f) Customer"
means an eligible customer who is not a Type (d) Customer, Type (d-5) Customer
or Type (e) Customer.
(Source: Amended at 40 Ill. Reg. 7578,
effective May 6, 2016)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.10 APPLICATION OF PART 465
Section 465.10 Application of Part 465
This Part shall apply to all Illinois electric utilities and
ARES in accordance with Section 16-107.5 of the Act.
(Source: Amended at 40 Ill. Reg. 7578,
effective May 6, 2016)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.20 PURPOSE OF THIS PART
Section 465.20 Purpose of this Part
The purpose of this Part is to establish standards for net
metering in accordance with the requirements of Section 16-107.5 of the Act. Nothing
in this Part is intended to conflict with or supersede 83 Ill. Adm. Code 452.
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.30 TARIFFS
Section
465.30 Tariffs
Each electric
utility subject to Section 16-107.5 of the Act shall file a tariff with the Illinois
Commerce Commission (Commission) in compliance with Section 16-107.5 of the Act
and this Part.
ADMINISTRATIVE CODE TITLE 83: PUBLIC UTILITIES CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES PART 465 NET METERING SECTION 465.35 NET METERING APPLICATION AND ENROLLMENT PROCEDURES
Section 465.35 Net Metering Application and Enrollment
Procedures
a) Each
electricity supplier shall establish an application form and publish on its
website procedures to enable eligible customers to participate in the net
metering program offered by the electricity supplier. Each electricity supplier
shall designate a point of contact and provide contact information on its
website. The point of contact shall be able to direct questions concerning net
metering request submissions and the net metering process to knowledgeable
individuals within the company.
b) An
electricity provider may establish an enrollment cap of 5% of the peak demand
supplied by the electricity provider in the previous calendar year in
accordance with Section 16-107.5(j) of the Act. Nothing in this Part alters the
authority of electricity providers to offer net metering beyond the limitations
in Section 16-107.5(j) of the Act, if they so choose.
c) Net
metering enrollment priority shall be established on a first-come, first-served
basis, according to an electricity supplier's date stamp or similar electronic
method for indicating receipt of a completed net metering application.
d) Each
completed application for net metering services shall be in writing or be
submitted via an electronic application process established by the electricity
supplier and shall include:
1) The
customer's name, contact information and corresponding service location where
the proposed net metering generation facility or facilities are located;
2) The
name plate capacity rating of the proposed net metering generation facility or
facilities; and
3) Sufficient
information to permit the electricity supplier to determine whether any
facility on the application qualifies as an eligible renewable electrical
generating facility.
e) Electricity
suppliers shall provide net metering applicants with a single mailing address
to which a completed physical application must be sent. In addition, or as an
alternative, electricity suppliers may establish an electronic net metering
application process. Electricity suppliers shall date stamp, either physically
or by electronic means, each completed application upon receipt and determine
whether the application meets the requirements of subsection (d). Electricity suppliers
shall, within 10 business days after receipt of a qualified application or
completion of an open enrollment period, notify an applicant whether it is
authorized to participate in the electricity supplier's net metering program.
An electricity supplier shall state, in writing, its reasons for denying a
prospective net metering customer's application. An electricity supplier shall
not deny a prospective net metering customer's application in a manner that
violates this Part, 83 Ill. Adm. Code 466 or Section 16-107.5 of the Act.
f) If an
electricity supplier denies an application due to the cap authorized by
subsection (b), the electricity supplier shall offer the applicant the
opportunity to be placed on a waiting list. If space becomes available under
the cap, due to either attrition among enrolled customers or an increase in the
electricity supplier's peak demand, wait-listed customers shall be processed
before new applications.
g) Any
authorization to net meter shall remain effective for as long as the customer
remains eligible for net metering and continues taking electric supply service
from the electricity supplier, subject to the limitations in subsections (g)(1)
and (g)(2).
1) A
customer authorized to net meter under subsection (e) shall submit an executed
application for interconnection, pursuant to 83 Ill. Adm. Code 466, to the customer's
electric utility within 30 business days after the date of the notification
from the electricity supplier pursuant to subsection (e). An electricity supplier
may cancel the authorization if the customer has not submitted an executed
application by the date specified in subsection (g)(2)(A).
2) The
following provisions apply to any electricity supplier that establishes
enrollment limits, as authorized by subsection (b):
A) The
electricity supplier shall cancel a customer's authorization to net meter if
the customer has not executed and returned to the customer's electric utility an
interconnection agreement with the electric utility pursuant to 83 Ill. Adm.
Code 466 and provided the executed interconnection agreement to its electricity
supplier within 12 months after receiving the interconnection agreement from
the electric utility.
B) The
electricity supplier must automatically extend the authorization to net meter
by an additional six months for an eligible customer that has met the
requirements of subsection (g)(2)(A), but whose eligible renewable electrical
generating facility has not commenced operation and passed any applicable
witness test.
C) A
customer seeking to extend the authorization to net meter for an additional six
months pursuant to subsection (g)(2)(B) must pay a deposit of $25 for each kW
of the nameplate rating of the customer's eligible renewable electrical
generating facility, which shall be refunded only if the facility commences
operation and passes any applicable witness test. A customer may only receive a
single six-month extension.
D) Customers
who have previously applied to net meter must reapply if:
i) the
customer has had its authorization to net meter canceled for failure to execute
and return the interconnection agreement as required by subsection (g)(2)(A);
or
ii) the
customer has exhausted its allotted time to commence operation and pass any
applicable witness test pursuant to subsections (g)(2)(B) and (g)(2)(C).
E) If a
customer must reapply pursuant to subsection (g)(2)(D), all other customers
awaiting authorization to net meter at that time shall be deemed to have
applied before the reapplying customer for purposes of the enrollment priority
established by subsection (c). Additionally, the project for which a customer
must reapply shall be removed from the calculation of the 5% of peak demand
supplied by the electricity supplier enrollment cap.
h) With
respect to any customer that has been authorized for net metering offered by an
ARES, the ARES must notify the electric utility in writing or via an electronic
method approved by the utility of the customer's status as a net metering
customer within 15 days after the customer's authorization.
i) With
respect to any customer that has had its authorization for net metering
canceled by an ARES, the ARES must notify the electric utility in writing or
via an electronic method approved by the utility of the customer's status as a
canceled net metering customer within 15 days after the cancellation.
j) With
respect to any non-competitive customer authorized for net metering offered by
an electricity supplier that is switching to another electricity supplier, the
electric utility must notify the customer's new electricity supplier via an
electronic method approved by the utility of the customer's status as a net
metering customer.
k) With
respect to any customer that has been authorized for net metering that is
switching from one electricity supplier to another, the customer's new
electricity supplier shall inform the customer within 15 calendar days after
the date the electric utility provides the notice to the new electricity
supplier pursuant to subsection (j), of any steps that are necessary to apply
for net metering with the new supplier.
(Source:
Amended at 40 Ill. Reg. 7578, effective May 6, 2016)
|
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.40 REPORTING REQUIREMENTS
Section 465.40 Reporting Requirements
The annual report required by Section 16-107.5(k) of the Act
shall be filed electronically with the Chief Clerk of the Illinois Commerce
Commission, in a manner that meets all filing requirements of the Commission's
electronic filing system, by April 1 of each year. The report shall include
all information required under Section 16-107.5(k) of the Act, including, but
not limited to: the total number of net metering customers served by the
electricity provider; the type, capacity and energy sources of the generating
systems used by the electricity provider's net metering customers; whether the total
generating capacity of the electricity provider's net metering customers equals
or exceeds the 5% cap; and whether the electricity provider intends to limit the
total generating capacity of its net metering customers to 5%. The Commission will
maintain the reports required by this Section on the Commission's website.
(Source: Amended at 40 Ill. Reg. 7578,
effective May 6, 2016)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.50 ELECTRICITY PROVIDER BILLING FOR ELIGIBLE CUSTOMERS
Section
465.50 Electricity Provider Billing for Eligible Customers
a) Billing for
Type (d) Customers
1) The
electricity supplier shall determine whether each customer is a net purchaser
of electricity or a net seller of electricity during the billing period.
2) If a
customer is a net purchaser of electricity during the billing period, the
electricity supplier shall assess charges on the net amount purchased at the
tariffed or contract rate, as appropriate, under which the customer is taking
service from the electricity supplier. When the electricity provider is an
ARES, the electric utility shall assess charges for delivery and other provided
services at the tariffed rate under which the customer is taking electric
service from the electric utility. Notwithstanding these requirements, the
tariffed or contract rates for both electric supply and delivery services shall
be non-discriminatory rates that are identical, with respect to rate structure,
retail rate components, and any monthly charges, with the rates that the
customer would be charged if not a net metering customer, unless an electricity
supplier and the customer have entered into an arm's-length agreement setting
forth different prices, terms and conditions for the provision of net metering
service.
3) If a
customer is a net seller of electricity during the billing period, the customer
shall receive a 1:1 kWh credit from the electricity supplier that is equal to
the net kWh supplied by the customer during the billing period. When the
electricity supplier is an ARES, the electric utility shall issue to the
customer a 1:1 kWh credit for delivery service that is equal to the net kWh delivered
to the electric utility's system by the customer during the billing period.
4) Any credits
received by the customer shall be carried over to subsequent billing periods.
Unused credits shall expire either at the end of the annual period or, in the
event the customer terminates service from the electricity supplier, at the
time the customer terminates service from the electricity supplier.
5) Customers
remain responsible for all taxes, fees and utility delivery charges that would
otherwise be applicable to the net amount of electricity used by the customer.
b) Billing for
Type (d-5) Customers
1) The
electricity supplier shall determine whether each customer is a net purchaser
of electricity or a net seller of electricity during each hour for which the
tariffed or contract rate, as appropriate, is applicable.
2) For the hours
in which the customer is a net purchaser of electricity, the electricity
supplier shall charge the customer for the net electricity supplied to and used
by the customer according to the terms of the contract or tariff to which the
same customer would be assigned or be eligible if the customer were not a net
metering customer.
3) For the hours
in which the customer is a net seller of electricity, the customer shall
receive a credit that consists of an energy credit and a delivery credit. The
energy credit for an hour shall be determined by multiplying the net
electricity supplied during that hour by the same price per kWh as the electricity
provider would charge for kWh energy sales during that same time period. The
delivery credit shall be determined by multiplying the net electricity supplied
during that hour by a credit that reflects all kWh-based electricity charges
applicable to the customer electric service rate, excluding energy charges, for
that hour. When eligible customers receive service under an electric utility's
bundled service rates, the monetary credit shall be equal to the applicable kWh-based
bundled service charges, multiplied by the net electricity supplied over the
billing period. The electricity supplier shall provide the energy credit and,
if the electricity supplier is also the electric utility, it shall also provide
the delivery credit. If the electricity provider is an ARES, the electric
utility shall provide credit for delivery services.
4) Customers
remain responsible for all taxes, fees and utility delivery charges that would
otherwise be applicable to the net amount of electricity supplied to the eligible
customer by the electricity provider.
c) Billing for
Type (e) Customers
1) The
electricity supplier shall determine whether each customer is a net purchaser
of electricity or a net seller of electricity during the billing period.
2) If a
customer is a net purchaser of electricity during the billing period, the
electricity supplier shall assess charges on the net amount purchased at the
tariffed or contract rate, as appropriate, under which the customer is taking
service from the electricity supplier. When the electricity provider is an
ARES, the electric utility shall assess charges for delivery and other provided
services at the tariffed rate under which the customer is taking electric
service from the electric utility. Notwithstanding these requirements, the
tariffed or contract rates for both electric supply and delivery services shall
be non-discriminatory rates that are identical, with respect to rate structure,
retail rate components, and any monthly charges, with the rates that the
customer would be charged if not a net metering customer, unless an electricity
supplier and the customer have entered into an arm's-length agreement setting
forth different prices, terms and conditions for the provision of net metering
service.
3) If a
customer is a net seller of electricity during the billing period, the customer
shall receive a 1:1 kWh credit that reflects the kWh-based charges in the
customer's electric service rate from the electricity supplier that is equal to
the net kWh supplied by the customer during the billing period. When the
electricity provider is an ARES, the electric utility shall issue to the
customer a 1:1 kWh credit that reflects the kWh-based charges, if any, for
delivery service that is equal to the net kWh delivered to the electric
utility's system by the customer during the billing period.
4) Any credits received
by the customer shall be carried over to subsequent billing periods. Unused
credits shall expire either at the end of the annual period or, if the customer
terminates service from the electricity supplier, at the time of the
termination.
5) Customers
remain responsible for all taxes, fees and utility delivery charges that would
otherwise be applicable to the net amount of electricity used by the customer.
d) Billing for
Type (f) Customers
1) The
electricity supplier shall determine whether the customer is a net purchaser of
electricity or a net seller of electricity during each hour. For each hour, the
electricity supplier shall multiply the applicable rate by the amount purchased
or sold by the customer to determine each hour's charge or credit. These
amounts shall be summed to determine the net energy charge or credit for each
billing period.
2) If the
customer is a net purchaser of electricity during the billing period, the
electricity supplier shall apply the applicable tariffed or contract rate, as
applicable, to the net amount purchased. If the customer is a net seller of
electricity, the electricity supplier shall compensate the customer for any
excess kWh credits at the electricity provider's avoided cost of electricity
supply over the monthly period or as otherwise specified by the terms of a
power-purchase agreement negotiated between the customer and electricity supplier.
For purposes of calculating the customer's electricity bill, any resulting
credits may be used to offset other charges assessed by the electricity
supplier.
3) The
electricity supplier shall not establish any unreasonable differences among localities
in net metering customers' prices, terms, conditions, services, products or
facilities.
4) For the
purpose of calculating the customer's bill, any compensation to the customer
may be used to offset other charges assessed by the electricity supplier.
5) Customers
remain responsible for all taxes, fees and utility delivery charges that would
otherwise be applicable to the gross amount of electricity supplied to the
eligible customer by the electricity supplier.
(Source:
Amended at 40 Ill. Reg. 7578, effective May 6, 2016)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.55 INTERVAL METER DATA
Section
465.55 Interval Meter Data
When the
customer's electricity provider is an ARES, the electric utility shall provide
interval meter data to that ARES when the information is necessary for the ARES'
billing purposes.
(Source:
Added at 40 Ill. Reg. 7578, effective May 6, 2016)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.60 COMPLAINT PROCEDURES
Section 465.60 Complaint Procedures
Complaints alleging violations of this Part shall be filed
pursuant to 83 Ill. Adm. Code 200.
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.70 PENALTY PROVISIONS
Section 465.70 Penalty Provisions
a) Upon
complaint or on the Commission's own motion, the Commission may conduct an
investigation of an electricity provider's actions under any Section of this
Part. The Commission may, after notice and hearing:
1) order
an electricity provider to cease and desist or correct any violation of, or
nonconformance with, any provision of this Part;
2) require
an electricity provider to make due reparations or refunds as permitted by
statute;
3) impose
financial penalties for violations of, or non-conformance with, the provisions
of this Part as permitted under the Act;
4) take other remedial and
preventive action as provided for under the Act.
b) These
remedies shall be cumulative and may be imposed in addition to other remedies
that the Commission may have the authority to impose.
(Source:
Amended at 40 Ill. Reg. 7578, effective May 6, 2016)
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES
PART 465
NET METERING
SECTION 465.80 MISCELLANEOUS PROVISIONS
Section
465.80 Miscellaneous Provisions
a) In accordance with
Section 16-107.5(g) of the Act, nothing in this Part is intended to prevent an
arms-length agreement between an electricity provider and an eligible customer
that sets forth the ownership or title of renewable energy credits.
b) In accordance with
Section 16-107.5(m) of the Act, nothing in this Part is intended to affect any
retail contract between an ARES and an eligible customer existing prior to May
6, 2016.
(Source: Amended at 40 Ill. Reg. 7578,
effective May 6, 2016)
ADMINISTRATIVE CODE TITLE 83: PUBLIC UTILITIES CHAPTER I: ILLINOIS COMMERCE COMMISSION SUBCHAPTER c: ELECTRIC UTILITIES PART 465 NET METERING SECTION 465.90 METER AGGREGATION
Section
465.90 Meter Aggregation
a) Electricity providers
shall separately consider each application for meter aggregation for the
purposes of net metering and shall determine whether to allow meter aggregation
for purposes of net metering on the basis of the facts and circumstances
presented in each application.
b) Whenever an
electricity provider determines that it will not allow meter aggregation for
the purposes of net metering, the electricity provider shall provide, within
30 days after receiving an application for net metering, an explanation of its
determination, based on the facts and circumstances presented in the
application, in a written document simultaneously filed with the Chief Clerk of
the Commission and provided to the applicant.
(Source:
Added at 40 Ill. Reg. 7578, effective May 6, 2016)
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