Section 550.10  Definitions

 

            "Act" means the Public Utilities Act [220 ILCS 5].

 

            "Affiliated interest" has the same meaning as in Section 7-101(2) of the Act.

 

            "Affiliated interests in competition with alternative retail gas suppliers" shall include affiliated alternative retail gas suppliers that provide services to customers within the service territory of the gas utility with which it is affiliated, as well as affiliated interests that broker, sell, or market gas to customers within the service territory of the gas utility with which it is affiliated, or that provide consulting services directly related to the sale of gas to customers within the service territory of the utility with which it is affiliated.

 

            "Alternative retail gas supplier" or "ARGS" means any entity that provides or arranges to provide gas supplies to a retail customer. A gas utility is not an ARGS where it is the final conveyer of gas to the retail customer.

 

            "Corporate support" means corporate oversight and governance involving administrative services (including travel administration, security, printing, graphics, custodial services, secretarial support, mail services, and records management), financial management services (including accounting, treasury, internal audit, tax, and financial reporting and planning), data processing, shareholder services, human resources, employee benefits, regulatory affairs, legal services, lobbying, and non-marketing research and development activities. Corporate support also includes strategic planning.

 

            "Emergency support" means the temporary provision of personnel and other resources when consumer safety is at risk or to help maintain service during emergencies where interruption of service can only be avoided or reduced through the sharing of employees.

 

            "Gas utility" is a public utility, as defined in Section 3-105 of the Act [220 ILCS 5/3-105], that is engaged in the conveyance of gas by pipeline.

 

            "Transportation services" are those services provided by a gas utility that enable a customer to obtain gas supplies from an ARGS.

 

            "Unaffiliated entity" means any entity other than either the gas utility or any of the gas utility's affiliated interests.

 

Section 550.20  Non-Discrimination

 

a)         Gas utilities shall not provide affiliated interests or customers of affiliated interests preferential treatment or advantages relative to unaffiliated entities or their customers in connection with services provided under tariffs on file with the Illinois Commerce Commission (Commission), including contracts filed under tariffs filed pursuant to Section 9-102.1 of the Act [220 ILCS 5/9-102.1]. This provision applies broadly to all aspects of service, including, but not limited to, responsiveness to requests for service, the availability of firm versus interruptible services, the imposition of special metering requirements, and all terms and conditions and charges specified in the tariff.

 

b)         Except for corporate support transactions, transactions between a gas utility and one or more of its affiliated interests in competition with ARGS that are not governed by tariff sheets on file with the Commission shall not discriminate in relation to unafilliated ARGS.

 

c)         Gas utilities and affiliated interests shall not notify potential or actual customers, either directly or indirectly, advertise to the public, or otherwise communicate that the gas utility provides any advantages relating to the scheduling, transportation or distribution of gas to affiliated interests or their customers relative to unaffiliated entities and their customers.

 

d)         A utility shall process requests for similar services provided by the utility in the same manner and within the same time period for its affiliated interests or their customers as for unaffiliated entities.

 

e)         If discretion is permitted in application of a tariff provision, gas utilities shall maintain a log detailing each instance in which it exercised discretion, as required in Section 550.140(c).

 

f)         If a gas utility offers affiliated interests or customers of affiliated interests a discount, rebate, fee waiver or waivers of its ordinary terms and conditions for services provided under tariffs on file with the Commission, it shall contemporaneously offer the same discount, rebate, fee waiver or waivers of its ordinary terms and conditions to all unaffiliated entities and customers of unaffiliated entities, to the extent consistent with the tariffs. Gas utilities shall maintain a log of these instances, as required in Section 550.140(c).

 

g)         When providing services as a component of any bundled service, a gas utility shall not offer affiliated interests or the customers of affiliated interests a discount, rebate, fee waiver or waivers unless the gas utility contemporaneously offers the same discount, rebate, fee waiver or waivers to all unaffiliated entities and customers of unaffiliated entities.

 

(Source:  Expedited correction at 25 Ill. Reg. 15014, effective September 21, 2001)

 

Section 550.30  Marketing and Advertising

 

a)         A gas utility shall neither jointly advertise nor jointly market its services or products with those of an affiliated interest in competition with ARGS.

 

b)         Nothing in subsection (a) shall be construed as prohibiting an affiliated interest in competition with ARGS from using the corporate name or logo of a gas utility or gas utility holding company.

 

c)         When an affiliated interest in competition with ARGS markets or advertises to the public using the natural gas utility's name or logo, it shall include a legible disclaimer that states:

 

1)         that the affiliated interest in competition with ARGS is not the same company as the gas utility;

 

2)         that the prices of the affiliated natural gas supplier in competition with ARGS are not regulated by the Illinois Commerce Commission;

 

3)         that a customer does not have to buy products or services from the affiliated interest in competition with ARGS in order to receive the same quality service from the gas utility.

 

            When an affiliated interest in competition with ARGS advertises or communicates verbally through the radio or television to the public using the gas utility's company name or logo, the affiliated interest in competition with ARGS shall include at the conclusion of any such communication a legible disclaimer that includes all the disclaimers listed in subsections (c)(1), (2) and (3).

 

Section 550.40  Tying

 

Gas utilities shall not tie, as defined by State and federal anti-trust laws, the provision of any services to the taking of any goods and services from the gas utilities' affiliated interests.

 

Section 550.50  Release, Assignment, Transfer, and Brokering of Interstate Natural Gas Pipeline and Storage Services

 

Except to the extent reserved to the sole and exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC), gas utilities shall not grant preferences regarding the release, assignment, transfer, or brokering of interstate natural gas pipeline and storage services to affiliated interests or their customers.

 

Section 550.60  Nondiscriminatory Provision of Information to Unaffiliated Entities

 

Employees of the gas utility's affiliated interests in competition with ARGS shall not have preferential access to any information about the gas utility's distribution systems.

 

Section 550.70  Customer Information

 

Gas utilities shall not provide any preferences to affiliated interests in the release of billing and usage data.

 

Section 550.80  Exception for Corporate Support Information

 

Except as proscribed by Sections 550.60 and 550.70, gas utilities may share information concerning corporate support with affiliated interests without being required to share this information with unaffiliated entities.

 

Section 550.85  Indirect Information Sharing

 

A gas utility shall neither directly nor indirectly provide preferential access to information to any of the utility's affiliated interests in competition with ARGS where the utility's direct sharing of this information with an affiliated interest in competition with ARGS would violate any Section of the Public Utilities Act or any Section of this Part.

 

Section 550.90  Confidentiality of ARGS Information

 

Gas utilities shall treat all information obtained from an ARGS as confidential information, and shall not provide this information to their affiliated interests or to unaffiliated entities unless the ARGS provides authorization to do so.

 

Section 550.100  Independent Functioning

 

Except in relation to corporate support and emergency support, gas utilities and affiliated interests in competition with ARGS that provide services to customers within the utility's service territory shall function independently of each other and shall not share services or facilities.

 

Section 550.110  Employees

 

a)         Except in relation to corporate support and emergency support, gas utilities and their affiliated interests in competition with ARGS shall not jointly employ or otherwise share the same employees.

 

b)         Gas utilities shall not jointly employ or otherwise share employees engaged in providing transportation services with their affiliated interests in competition with ARGS.

 

c)         Subsections (a), (b), and (d) of this Section shall not apply to any employee covered by a collective bargaining agreement subject to federal labor law, including the Labor Management Relations Act and the National Labor Relations Act.

 

d)         Each gas utility that has an affiliated interest in competition with ARGS shall maintain a log detailing the transfer of employees: from the utility to its affiliated interests in competition with ARGS; from the utility to its other affiliated interests; and from the utility's other affiliated interests to its affiliated interests in competition with ARGS. This subsection shall not apply to employee transfers to or from corporations that are affiliated interests of the gas utility solely because they share a common director. The log shall be made available to the Commission upon request.

 

Section 550.120  Transfer of Goods and Services

 

a)         Transactions between a gas utility and its affiliated interests shall not be allowed to subsidize the affiliated interests.

 

b)         Costs associated with the transfer of goods and services between a gas utility and its affiliated interests shall be priced as specified in, and allocated pursuant to, the Commission approved services and facilities agreement or affiliated interests agreement. Any transfer of goods and services between a gas utility and its affiliated interests that is not explicitly addressed in a Commission approved services and facilities or affiliated interests agreement is prohibited unless the transfer has been otherwise specifically approved by the Commission pursuant to Section 7-101 of the Act or approval has been waived by statute or Commission rule.

 

Section 550.130  List of Affiliated Interests

 

a)         Each gas utility shall maintain an accurate list of all its affiliated interests. This list shall include the name and address of each affiliated interest and the name and business telephone number of at least one officer of each affiliated interest. The gas utility shall make this list available to the public upon request.

 

b)         The gas utility shall file this list and  a list denoting subsequent changes with the Chief Clerk of the Commission on a quarterly basis. The gas utility shall also send copies of the lists to the Manager of the Accounting Department and the Director of the Consumer Services Division of the Commission. The Chief Clerk of the Commission shall make the most recent lists of each gas utility available to the public upon request.

 

Section 550.140  Maintenance of Books and Records and Commission Access

 

a)         A gas utility shall maintain books, accounts, and records separate from those of its affiliated interests.

 

b)         Upon the request of the Commission, gas utilities shall make personnel available who are competent to respond to the Commission's inquiries regarding the nature of any transactions that have taken place between the gas utility and its affiliated interests, including but not limited to the goods and services provided, the prices, terms and conditions, and other considerations given for the goods and services provided.

 

c)         Each gas utility shall maintain a log detailing: each instance in which it exercised discretion in the application of tariff provisions; each instance in which it offered affiliated interests or customers of affiliated interests services not governed by tariffs, except for corporate support transactions; and each instance in which it offered affiliated interests or customers of affiliated interests a discount, rebate, fee waiver or waivers of the gas utility's ordinary terms and conditions in connection with services provided under tariffs on file with the Commission. The gas utility shall make this log available to the Commission upon request. The log shall contain the following information:

 

1)         the names of the affiliated interests and unaffiliated entities involved in the transaction;

 

2)         a description of the transaction;

 

3)         the time period over which the transaction applies; and

 

4)         the quantities and locations involved in the transaction.

 

Section 550.150  Internal Audits

 

a)         Gas utilities shall conduct biennial internal audits or have internal audits conducted by independent public accountants on transactions with affiliated interests. These audits shall test compliance with this Part, with any applicable Commission orders, with the gas utility's affiliated interest operating agreement(s) and/or guidelines, with 83 Ill. Adm. Code 505, and with 83 Ill. Adm. Code 506. The audits shall include written reports of conclusions and associated workpapers that shall be available to the Commission Staff for review. The audit reports shall be submitted to the Commission's Director of Accounting within 30 days after completion. Any audit performed pursuant to this Section may be designated as confidential with the Commission's Director of Accounting.

 

b)         The first internal audit report shall be submitted on or before December 1, 2002. Succeeding audit reports shall be submitted on or before December 1 of each even numbered succeeding year.

 

c)         Subsections (a) and (b) of this Section shall not apply to transactions with corporations that are affiliated interests of the gas utility solely because they share a common director or transactions with individuals that are affiliated interests of the gas utility solely because they are an elective officer or director of the gas utility.

 

(Source:  Amended at 27 Ill. Reg. 1138, effective February 1, 2003)

 

Section 550.160  Complaint Procedures

 

Complaints alleging violations of this Part shall be filed pursuant to 83 Ill. Adm. Code 200.