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)