[ Back ] [ Bottom ]
91_SB0024enr
SB24 Enrolled LRB9100188JSgc
1 AN ACT to encourage the development of cogeneration and
2 self-generation of electricity.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Sections 16-102, 16-104, 16-108, 16-110, 16-111,
7 16-115, and 16-130 and adding Sections 16-111.1, 16-111.2,
8 and 16-114.1 as follows:
9 (220 ILCS 5/16-102)
10 Sec. 16-102. Definitions. For the purposes of this
11 Article the following terms shall be defined as set forth in
12 this Section.
13 "Alternative retail electric supplier" means every
14 person, cooperative, corporation, municipal corporation,
15 company, association, joint stock company or association,
16 firm, partnership, individual, or other entity, their
17 lessees, trustees, or receivers appointed by any court
18 whatsoever, that offers electric power or energy for sale,
19 lease or in exchange for other value received to one or more
20 retail customers, or that engages in the delivery or
21 furnishing of electric power or energy to such retail
22 customers, and shall include, without limitation, resellers,
23 aggregators and power marketers, but shall not include (i)
24 electric utilities (or any agent of the electric utility to
25 the extent the electric utility provides tariffed services to
26 retail customers through that agent), (ii) any electric
27 cooperative or municipal system as defined in Section 17-100
28 to the extent that the electric cooperative or municipal
29 system is serving retail customers within any area in which
30 it is or would be entitled to provide service under the law
31 in effect immediately prior to the effective date of this
SB24 Enrolled -2- LRB9100188JSgc
1 amendatory Act of 1997, (iii) a public utility that is owned
2 and operated by any public institution of higher education of
3 this State, or a public utility that is owned by such public
4 institution of higher education and operated by any of its
5 lessees or operating agents, within any area in which it is
6 or would be entitled to provide service under the law in
7 effect immediately prior to the effective date of this
8 amendatory Act of 1997, (iv) a any retail customer to the
9 extent that customer obtains its electric power and energy
10 from that customer's its own cogeneration or self-generation
11 facilities, (v) an any entity that owns, operates, sells, or
12 arranges for the installation of a customer's own
13 cogeneration or self-generation facilities to be owned by a
14 retail customer described in subparagraph (iv), but only to
15 the extent the entity is engaged in owning, selling or
16 arranging for the such installation of such facility, or
17 operating the facility on behalf of such customer, provided
18 however that any such third party owner or operator of a
19 facility built after January 1, 1999, complies with the labor
20 provisions of Section 16-128(a) as though such third party
21 were an alternative retail electric supplier, or (vi) an
22 industrial or manufacturing customer that owns its own
23 distribution facilities, to the extent that the customer
24 provides service from that distribution system to a
25 third-party contractor located on the customer's premises
26 that is integrally and predominantly engaged in the
27 customer's industrial or manufacturing process; provided,
28 that if the industrial or manufacturing customer has elected
29 delivery services, the customer shall pay transition charges
30 applicable to the electric power and energy consumed by the
31 third-party contractor unless such charges are otherwise paid
32 by the third party contractor, which shall be calculated
33 based on the usage of, and the base rates or the contract
34 rates applicable to, the third-party contractor in accordance
SB24 Enrolled -3- LRB9100188JSgc
1 with Section 16-102.
2 "Base rates" means the rates for those tariffed services
3 that the electric utility is required to offer pursuant to
4 subsection (a) of Section 16-103 and that were identified in
5 a rate order for collection of the electric utility's base
6 rate revenue requirement, excluding (i) separate automatic
7 rate adjustment riders then in effect, (ii) special or
8 negotiated contract rates, (iii) delivery services tariffs
9 filed pursuant to Section 16-108, (iv) real-time pricing, or
10 (v) tariffs that were in effect prior to October 1, 1996 and
11 that based charges for services on an index or average of
12 other utilities' charges, but including (vi) any subsequent
13 redesign of such rates for tariffed services that is
14 authorized by the Commission after notice and hearing.
15 "Competitive service" includes (i) any service that has
16 been declared to be competitive pursuant to Section 16-113 of
17 this Act, (ii) contract service, and (iii) services, other
18 than tariffed services, that are related to, but not
19 necessary for, the provision of electric power and energy or
20 delivery services.
21 "Contract service" means (1) services, including the
22 provision of electric power and energy or other services,
23 that are provided by mutual agreement between an electric
24 utility and a retail customer that is located in the electric
25 utility's service area, provided that, delivery services
26 shall not be a contract service until such services are
27 declared competitive pursuant to Section 16-113; and also
28 means (2) the provision of electric power and energy by an
29 electric utility to retail customers outside the electric
30 utility's service area pursuant to Section 16-116. Provided,
31 however, contract service does not include electric utility
32 services provided pursuant to (i) contracts that retail
33 customers are required to execute as a condition of receiving
34 tariffed services, or (ii) special or negotiated rate
SB24 Enrolled -4- LRB9100188JSgc
1 contracts for electric utility services that were entered
2 into between an electric utility and a retail customer prior
3 to the effective date of this amendatory Act of 1997 and
4 filed with the Commission.
5 "Delivery services" means those services provided by the
6 electric utility that are necessary in order for the
7 transmission and distribution systems to function so that
8 retail customers located in the electric utility's service
9 area can receive electric power and energy from suppliers
10 other than the electric utility, and shall include, without
11 limitation, standard metering and billing services.
12 "Electric utility" means a public utility, as defined in
13 Section 3-105 of this Act, that has a franchise, license,
14 permit or right to furnish or sell electricity to retail
15 customers within a service area.
16 "Mandatory transition period" means the period from the
17 effective date of this amendatory Act of 1997 through January
18 1, 2005.
19 "Municipal system" shall have the meaning set forth in
20 Section 17-100.
21 "Real-time pricing" means charges for delivered electric
22 power and energy that vary on an hour-to-hour basis for
23 nonresidential retail customers and that vary on a periodic
24 basis during the day for residential retail customers.
25 "Retail customer" means a single entity using electric
26 power or energy at a single premises and that (A) either (i)
27 is receiving or is eligible to receive tariffed services from
28 an electric utility, or (ii) that is served by a municipal
29 system or electric cooperative within any area in which the
30 municipal system or electric cooperative is or would be
31 entitled to provide service under the law in effect
32 immediately prior to the effective date of this amendatory
33 Act of 1997, or (B) an entity which on the effective date of
34 this Act was receiving electric service from a public utility
SB24 Enrolled -5- LRB9100188JSgc
1 and (i) was engaged in the practice of resale and
2 redistribution of such electricity within a building prior to
3 January 2, 1957, or (ii) was providing lighting services to
4 tenants in a multi-occupancy building, but only to the extent
5 such resale, redistribution or lighting service is authorized
6 by the electric utility's tariffs that were on file with the
7 Commission on the effective date of this Act.
8 "Service area" means (i) the geographic area within which
9 an electric utility was lawfully entitled to provide electric
10 power and energy to retail customers as of the effective date
11 of this amendatory Act of 1997, and includes (ii) the
12 location of any retail customer to which the electric utility
13 was lawfully providing electric utility services on such
14 effective date.
15 "Small commercial retail customer" means those
16 nonresidential retail customers of an electric utility
17 consuming 15,000 kilowatt-hours or less of electricity
18 annually in its service area.
19 "Tariffed service" means services provided to retail
20 customers by an electric utility as defined by its rates on
21 file with the Commission pursuant to the provisions of
22 Article IX of this Act, but shall not include competitive
23 services.
24 "Transition charge" means a charge expressed in cents per
25 kilowatt-hour that is calculated for a customer or class of
26 customers as follows for each year in which an electric
27 utility is entitled to recover transition charges as provided
28 in Section 16-108:
29 (1) the amount of revenue that an electric utility
30 would receive from the retail customer or customers if it
31 were serving such customers' electric power and energy
32 requirements as a tariffed service based on (A) all of
33 the customers' actual usage during the 3 years ending 90
34 days prior to the date on which such customers were first
SB24 Enrolled -6- LRB9100188JSgc
1 eligible for delivery services pursuant to Section
2 16-104, and (B) on (i) the base rates in effect on
3 October 1, 1996 (adjusted for the reductions required by
4 subsection (b) of Section 16-111, for any reduction
5 resulting from a rate decrease under Section 16-101(b),
6 for any restatement of base rates made in conjunction
7 with an elimination of the fuel adjustment clause
8 pursuant to subsection (b), (d), or (f) of Section 9-220
9 and for any removal of decommissioning costs from base
10 rates pursuant to Section 16-114) and any separate
11 automatic rate adjustment riders (other than a
12 decommissioning rate as defined in Section 16-114) under
13 which the customers were receiving or, had they been
14 customers, would have received electric power and energy
15 from the electric utility during the year immediately
16 preceding the date on which such customers were first
17 eligible for delivery service pursuant to Section 16-104,
18 or (ii) to the extent applicable, any contract rates,
19 including contracts or rates for consolidated or
20 aggregated billing, under which such customers were
21 receiving electric power and energy from the electric
22 utility during such year;
23 (2) less the amount of revenue, other than revenue
24 from transition charges and decommissioning rates, that
25 the electric utility would receive from such retail
26 customers for delivery services provided by the electric
27 utility, assuming such customers were taking delivery
28 services for all of their usage, based on the delivery
29 services tariffs in effect during the year for which the
30 transition charge is being calculated and on the usage
31 identified in paragraph (1);
32 (3) less the market value for the electric power
33 and energy that the electric utility would have used to
34 supply all of such customers' electric power and energy
SB24 Enrolled -7- LRB9100188JSgc
1 requirements, as a tariffed service, based on the usage
2 identified in paragraph (1), with such market value
3 determined in accordance with Section 16-112 of this Act;
4 (4) less the following amount which represents the
5 amount to be attributed to new revenue sources and cost
6 reductions by the electric utility through the end of the
7 period for which transition costs are recovered pursuant
8 to Section 16-108, referred to in this Article XVI as a
9 "mitigation factor":
10 (A) for nonresidential retail customers, an
11 amount equal to the greater of (i) 0.5 cents per
12 kilowatt-hour during the period October 1, 1999
13 through December 31, 2004, 0.6 cents per
14 kilowatt-hour in calendar year 2005, and 0.9 cents
15 per kilowatt-hour in calendar year 2006, multiplied
16 in each year by the usage identified in paragraph
17 (1), or (ii) an amount equal to the following
18 percentages of the amount produced by applying the
19 applicable base rates (adjusted as described in
20 subparagraph (1)(B)) or contract rate to the usage
21 identified in paragraph (1): 8% for the period
22 October 1, 1999 through December 31, 2002, 10% in
23 calendar years 2003 and 2004, 11% in calendar year
24 2005 and 12% in calendar year 2006; and
25 (B) for residential retail customers, an
26 amount equal to the following percentages of the
27 amount produced by applying the base rates in effect
28 on October 1, 1996 (adjusted as described in
29 subparagraph (1)(B)) to the usage identified in
30 paragraph (1): (i) 6% from May 1, 2002 through
31 December 31, 2002, (ii) 7% in calendar years 2003
32 and 2004, (iii) 8% in calendar year 2005, and (iv)
33 10% in calendar year 2006;
34 (5) divided by the usage of such customers
SB24 Enrolled -8- LRB9100188JSgc
1 identified in paragraph (1),
2 provided that the transition charge shall never be less than
3 zero.
4 "Unbundled service" means a component or constituent part
5 of a tariffed service which the electric utility subsequently
6 offers separately to its customers.
7 (Source: P.A. 90-561, eff. 12-16-97.)
8 (220 ILCS 5/16-104)
9 Sec. 16-104. Delivery services transition plan. An
10 electric utility shall provide delivery services to retail
11 customers in accordance with the provisions of this Section.
12 (a) Each electric utility shall offer delivery services
13 to retail customers located in its service area in accordance
14 with the following provisions:
15 (1) On or before October 1, 1999, the electric
16 utility shall offer delivery services (i) to any
17 non-residential retail customer whose average monthly
18 maximum electrical demand on the electric utility's
19 system during the 6 months with the customer's highest
20 monthly maximum demands in the 12 months ending June 30,
21 1999 equals or exceeds 4 megawatts; (ii) to any
22 non-governmental, non-residential, commercial retail
23 customers under common ownership doing business at 10 or
24 more separate locations within the electric utility's
25 service area, if the aggregate coincident average monthly
26 maximum electrical demand of all such locations during
27 the 6 months with the customer's highest monthly maximum
28 electrical demands during the 12 months ending June 30,
29 1999 equals or exceeds 9.5 megawatts, provided, however,
30 that an electric utility's obligation to offer delivery
31 services under this clause (ii) shall not exceed 3.5% of
32 the maximum electric demand on the electric utility's
33 system in the 12 months ending June 30, 1999; and (iii)
SB24 Enrolled -9- LRB9100188JSgc
1 to non-residential retail customers whose annual electric
2 energy use comprises 33% of the kilowatt-hour sales,
3 excluding the kilowatt-hour sales to customers described
4 in clauses (i) and (ii), to each non-residential retail
5 customer class of the electric utility.
6 (2) On or before October 1, 2000, the electric
7 utility shall offer delivery services to the eligible
8 governmental customers described in subsections (a) and
9 (b) of Section 16-125A if the aggregate coincident
10 average monthly maximum electrical demand of such
11 customers during the 6 months with the customers' highest
12 monthly maximum electrical demands during the 12 months
13 ending June 30, 2000 equals or exceeds 9.5 megawatts.
14 (2.5) On or before June 1, 2000, an electric
15 utility serving more than 1,000,000 customers in this
16 State shall offer delivery services to retail customers
17 whose annual electric energy use comprises 33% of the
18 kilowatt hour sales to that group of retail customers
19 that are classified under Division D, Groups 20 through
20 39 of the Standard Industrial Classifications set forth
21 in the Standard Industrial Classification Manual
22 published by the United States Office of Management and
23 Budget, excluding the kilowatt-hour sales to those
24 customers that are eligible for delivery services
25 pursuant to clause (1)(i), and shall offer delivery
26 services to its remaining retail customers classified
27 under Division D, Groups 20 through 39 on or before
28 October 1, 2000.
29 (3) On or before December 31, 2000, the electric
30 utility shall offer delivery services to all remaining
31 nonresidential retail customers in its service area.
32 (4) On or before May 1, 2002, the electric utility
33 shall offer delivery services to all residential retail
34 customers in its service area.
SB24 Enrolled -10- LRB9100188JSgc
1 The loads and kilowatt-hour sales used for purposes of
2 this subsection shall be those for the 12 months ending June
3 30, 1999 for nonresidential retail customers. The electric
4 utility shall identify those customers to be offered delivery
5 service pursuant to clause (1)(iii) and paragraph (2.5) of
6 subsection (a) of this Section and Section 16-111(e)(B)(iii)
7 pursuant to a lottery or other random nondiscriminatory
8 selection process set forth in the electric utility's
9 delivery services implementation plan pursuant to Section
10 16-105, which process may include a registration process
11 giving each nonresidential customer the opportunity to
12 register for eligibility for delivery services under this
13 Section, with a lottery of registered customers to be
14 conducted if the annual electric energy use of all registered
15 customers exceeds the limit set forth in clause (1)(iii) or
16 clause (2.5) or Section 16-111(e)(B)(iii), as applicable;
17 provided that the provision of this amendatory Act of 1999 as
18 it relates to the registration and lottery process under
19 clause (1)(iii) is not intended to nor does it make any
20 change in the meaning of this Section, but is intended to
21 remove possible ambiguities, thereby confirming the existing
22 meaning of this Section prior to the effective date of this
23 amendatory Act of 1999. Provided, that non-residential retail
24 customers under common ownership at separate locations within
25 the electric utility's service area may elect, prior to the
26 date the electric utility conducts the lottery or other
27 random selection process for purposes of clause (1)(iii), to
28 designate themselves as a common ownership group, to be
29 excluded from such lottery and to instead participate in a
30 separate lottery for such common ownership group pursuant to
31 which delivery services will be offered to non-residential
32 retail customers comprising 33% of the total kilowatt-hour
33 sales to the common ownership group on or before October 1,
34 1999. For purposes of this subsection (a), an electric
SB24 Enrolled -11- LRB9100188JSgc
1 utility may define "common ownership" to exclude sites which
2 are not part of the same business, provided, that auxiliary
3 establishments as defined in the Standard Industrial
4 Classification Manual published by the United States Office
5 of Management and Budget shall not be excluded.
6 (b) The electric utility shall allow the aggregation of
7 loads that are eligible for delivery services so long as such
8 aggregation meets the criteria for delivery of electric power
9 and energy applicable to the electric utility established by
10 the regional reliability council to which the electric
11 utility belongs, by an independent system operating
12 organization to which the electric utility belongs, or by
13 another organization responsible for overseeing the integrity
14 and reliability of the transmission system, as such criteria
15 are in effect from time to time. The Commission may adopt
16 rules and regulations governing the criteria for aggregation
17 of the loads utilizing delivery services, but its failure to
18 do so shall not preclude any eligible customer from electing
19 delivery services. The electric utility shall allow such
20 aggregation for any voluntary grouping of customers,
21 including without limitation those having a common agent with
22 contractual authority to purchase electric power and energy
23 and delivery services on behalf of all customers in the
24 grouping.
25 (c) An electric utility shall allow a retail customer
26 that generates power for its own use to include the
27 electrical demand obtained from the customer's cogeneration
28 or self-generation facilities that is coincident with the
29 retail customer's maximum monthly electrical demand on the
30 electric utility's system in any determination of the
31 customer's maximum monthly electrical demand for purposes of
32 determining when such retail customer shall be offered
33 delivery services pursuant to clause (i) of subparagraph (1)
34 of subsection (a) of this Section.
SB24 Enrolled -12- LRB9100188JSgc
1 (d) The Commission shall establish charges, terms and
2 conditions for delivery services in accordance with Section
3 16-108.
4 (e) Subject to the terms and conditions which the
5 electric utility is entitled to impose in accordance with
6 Section 16-108, a retail customer that is eligible to elect
7 delivery services pursuant to subsection (a) may place all or
8 a portion of its electric power and energy requirements on
9 delivery services.
10 (f) An electric utility may require a retail customer
11 who elects to (i) use an alternative retail electric supplier
12 or another electric utility for some but not all of its
13 electric power or energy requirements, and (ii) use the
14 electric utility for any portion of its remaining electric
15 power and energy requirements, to place the portion of the
16 customer's electric power or energy requirement that is to be
17 served by the electric utility on a tariff containing charges
18 that are set to recover the lowest reasonably available cost
19 to the electric utility of acquiring electric power and
20 energy on the wholesale electric market to serve such
21 remaining portion of the customer's electric power and energy
22 requirement, reasonable compensation for arranging for and
23 providing such electric power or energy, and the electric
24 utility's other costs of providing service to such remaining
25 electric power and energy requirement.
26 (Source: P.A. 90-561, eff. 12-16-97.)
27 (220 ILCS 5/16-108)
28 Sec. 16-108. Recovery of costs associated with the
29 provision of delivery services.
30 (a) An electric utility shall file a delivery services
31 tariff with the Commission at least 210 days prior to the
32 date that it is required to begin offering such services
33 pursuant to this Act. An electric utility shall provide the
SB24 Enrolled -13- LRB9100188JSgc
1 components of delivery services that are subject to the
2 jurisdiction of the Federal Energy Regulatory Commission at
3 the same prices, terms and conditions set forth in its
4 applicable tariff as approved or allowed into effect by that
5 Commission. The Commission shall otherwise have the authority
6 pursuant to Article IX to review, approve, and modify the
7 prices, terms and conditions of those components of delivery
8 services not subject to the jurisdiction of the Federal
9 Energy Regulatory Commission, including the authority to
10 determine the extent to which such delivery services should
11 be offered on an unbundled basis. In making any such
12 determination the Commission shall consider, at a minimum,
13 the effect of additional unbundling on (i) the objective of
14 just and reasonable rates, (ii) electric utility employees,
15 and (iii) the development of competitive markets for electric
16 energy services in Illinois.
17 (b) The Commission shall enter an order approving, or
18 approving as modified, the delivery services tariff no later
19 than 30 days prior to the date on which the electric utility
20 must commence offering such services. The Commission may
21 subsequently modify such tariff pursuant to this Act.
22 (c) The electric utility's tariffs shall define the
23 classes of its customers for purposes of delivery services
24 charges. Delivery services shall be priced and made
25 available to all retail customers electing delivery services
26 in each such class on a nondiscriminatory basis regardless of
27 whether the retail customer chooses the electric utility, an
28 affiliate of the electric utility, or another entity as its
29 supplier of electric power and energy. Charges for delivery
30 services shall be cost based, and shall allow the electric
31 utility to recover the costs of providing delivery services
32 through its charges to its delivery service customers that
33 use the facilities and services associated with such costs.
34 Such costs shall include the costs of owning, operating and
SB24 Enrolled -14- LRB9100188JSgc
1 maintaining transmission and distribution facilities. The
2 Commission shall also be authorized to consider whether, and
3 if so to what extent, the following costs are appropriately
4 included in the electric utility's delivery services rates:
5 (i) the costs of that portion of generation facilities used
6 for the production and absorption of reactive power in order
7 that retail customers located in the electric utility's
8 service area can receive electric power and energy from
9 suppliers other than the electric utility, and (ii) the costs
10 associated with the use and redispatch of generation
11 facilities to mitigate constraints on the transmission or
12 distribution system in order that retail customers located in
13 the electric utility's service area can receive electric
14 power and energy from suppliers other than the electric
15 utility. Nothing in this subsection shall be construed as
16 directing the Commission to allocate any of the costs
17 described in (i) or (ii) that are found to be appropriately
18 included in the electric utility's delivery services rates to
19 any particular customer group or geographic area in setting
20 delivery services rates.
21 (d) The Commission shall establish charges, terms and
22 conditions for delivery services that are just and reasonable
23 and shall take into account customer impacts when
24 establishing such charges. In establishing charges, terms and
25 conditions for delivery services, the Commission shall take
26 into account voltage level differences. A retail customer
27 shall have the option to request to purchase electric service
28 at any delivery service voltage reasonably and technically
29 feasible from the electric facilities serving that customer's
30 premises provided that there are no significant adverse
31 impacts upon system reliability or system efficiency. A
32 retail customer shall also have the option to request to
33 purchase electric service at any point of delivery that is
34 reasonably and technically feasible provided that there are
SB24 Enrolled -15- LRB9100188JSgc
1 no significant adverse impacts on system reliability or
2 efficiency. Such requests shall not be unreasonably denied.
3 (e) Electric utilities shall recover the costs of
4 installing, operating or maintaining facilities for the
5 particular benefit of one or more delivery services
6 customers, including without limitation any costs incurred in
7 complying with a customer's request to be served at a
8 different voltage level, directly from the retail customer or
9 customers for whose benefit the costs were incurred, to the
10 extent such costs are not recovered through the charges
11 referred to in subsections (c) and (d) of this Section.
12 (f) An electric utility shall be entitled but not
13 required to implement transition charges in conjunction with
14 the offering of delivery services pursuant to Section 16-104.
15 If an electric utility implements transition charges, it
16 shall implement such charges for all delivery services
17 customers and for all customers described in subsection (h),
18 but shall not implement transition charges for power and
19 energy that a retail customer takes from cogeneration or
20 self-generation facilities located on that retail customer's
21 premises, if such facilities meet the following criteria:
22 (i) the cogeneration or self-generation facilities
23 serve a single retail customer and are located on that
24 retail customer's premises (for purposes of this
25 subparagraph and subparagraph (ii), an industrial or
26 manufacturing retail customer and a third party
27 contractor that is served by such industrial or
28 manufacturing customer through such retail customer's own
29 electrical distribution facilities under the
30 circumstances described in subsection (vi) of the
31 definition of "alternative retail electric supplier" set
32 forth in Section 16-102, shall be considered a single
33 retail customer);
34 (ii) the cogeneration or self-generation facilities
SB24 Enrolled -16- LRB9100188JSgc
1 either (A) are sized pursuant to generally accepted
2 engineering standards for the retail customer's
3 electrical load at that premises (taking into account
4 standby or other reliability considerations related to
5 that retail customer's operations at that site) or (B) if
6 the facility is a cogeneration facility located on the
7 retail customer's premises, the retail customer is the
8 thermal host for that facility and the facility has been
9 designed to meet that retail customer's thermal energy
10 requirements resulting in electrical output beyond that
11 retail customer's electrical demand at that premises,
12 comply with the operating and efficiency standards
13 applicable to "qualifying facilities" specified in title
14 18 Code of Federal Regulations Section 292.205 as in
15 effect on the effective date of this amendatory Act of
16 1999;
17 (iii) the retail customer on whose premises the
18 facilities are located either has an exclusive right to
19 receive, and corresponding obligation to pay for, all of
20 the electrical capacity of the facility, or in the case
21 of a cogeneration facility that has been designed to meet
22 the retail customer's thermal energy requirements at that
23 premises, an identified amount of the electrical capacity
24 of the facility, over a minimum 5-year period; and
25 (iv) if the cogeneration facility is sized for the
26 retail customer's thermal load at that premises but
27 exceeds the electrical load, any sales of excess power or
28 energy are made only at wholesale, are subject to the
29 jurisdiction of the Federal Energy Regulatory Commission,
30 and are not for the purpose of circumventing the
31 provisions of this subsection (f).
32 If a generation facility located at a retail customer's
33 premises does not meet the above criteria, an electric
34 utility implementing transition charges shall implement a
SB24 Enrolled -17- LRB9100188JSgc
1 transition charge until December 31, 2006 for any power and
2 energy taken by such retail customer from such facility as if
3 such power and energy had been delivered by the electric
4 utility. Provided, however, that an industrial retail
5 customer that is taking power from a generation facility that
6 does not meet the above criteria but that is located on such
7 customer's premises will not be subject to a transition
8 charge for the power and energy taken by such retail customer
9 from such generation facility if the facility does not serve
10 any other retail customer and either was installed on behalf
11 of the customer and for its own use prior to January 1, 1997,
12 or is both predominantly fueled by byproducts of such
13 customer's manufacturing process at such premises and sells
14 or offers an average of 300 megawatts or more of electricity
15 produced from such generation facility into the wholesale
16 market. Such charges shall be calculated as provided in
17 Section 16-102, and shall be collected on each kilowatt-hour
18 delivered under a delivery services tariff to a retail
19 customer from the date the customer first takes delivery
20 services until December 31, 2006 except as provided in
21 subsection (h) of this Section. Provided, however, that an
22 electric utility, other than an electric utility providing
23 service to at least 1,000,000 customers in this State on
24 January 1, 1999, shall be entitled to petition for entry of
25 an order by the Commission authorizing the electric utility
26 to implement transition charges for an additional period
27 ending no later than December 31, 2008. The electric utility
28 shall file its petition with supporting evidence no earlier
29 than 16 months, and no later than 12 months, prior to
30 December 31, 2006. The Commission shall hold a hearing on
31 the electric utility's petition and shall enter its order no
32 later than 8 months after the petition is filed. The
33 Commission shall determine whether and to what extent the
34 electric utility shall be authorized to implement transition
SB24 Enrolled -18- LRB9100188JSgc
1 charges for an additional period. The Commission may
2 authorize the electric utility to implement transition
3 charges for some or all of the additional period, and shall
4 determine the mitigation factors to be used in implementing
5 such transition charges; provided, that the Commission shall
6 not authorize mitigation factors less than 110% of those in
7 effect during the 12 months ended December 31, 2006. In
8 making its determination, the Commission shall consider the
9 following factors: the necessity to implement transition
10 charges for an additional period in order to maintain the
11 financial integrity of the electric utility; the prudence of
12 the electric utility's actions in reducing its costs since
13 the effective date of this amendatory Act of 1997; the
14 ability of the electric utility to provide safe, adequate and
15 reliable service to retail customers in its service area; and
16 the impact on competition of allowing the electric utility to
17 implement transition charges for the additional period.
18 (g) The electric utility shall file tariffs that
19 establish the transition charges to be paid by each class of
20 customers to the electric utility in conjunction with the
21 provision of delivery services. The electric utility's
22 tariffs shall define the classes of its customers for
23 purposes of calculating transition charges. The electric
24 utility's tariffs shall provide for the calculation of
25 transition charges on a customer-specific basis for any
26 retail customer whose average monthly maximum electrical
27 demand on the electric utility's system during the 6 months
28 with the customer's highest monthly maximum electrical
29 demands equals or exceeds 3.0 megawatts for electric
30 utilities having more than 1,000,000 customers, and for other
31 electric utilities for any customer that has an average
32 monthly maximum electrical demand on the electric utility's
33 system of one megawatt or more, and (A) for which there
34 exists data on the customer's usage during the 3 years
SB24 Enrolled -19- LRB9100188JSgc
1 preceding the date that the customer became eligible to take
2 delivery services, or (B) for which there does not exist data
3 on the customer's usage during the 3 years preceding the date
4 that the customer became eligible to take delivery services,
5 if in the electric utility's reasonable judgment there exists
6 comparable usage information or a sufficient basis to develop
7 such information, and further provided that the electric
8 utility can require customers for which an individual
9 calculation is made to sign contracts that set forth the
10 transition charges to be paid by the customer to the electric
11 utility pursuant to the tariff.
12 (h) An electric utility shall also be entitled to file
13 tariffs that allow it to collect transition charges from
14 retail customers in the electric utility's service area that
15 do not take delivery services but that take electric power or
16 energy from an alternative retail electric supplier or from
17 an electric utility other than the electric utility in whose
18 service area the customer is located. Such charges shall be
19 calculated, in accordance with the definition of transition
20 charges in Section 16-102, for the period of time that the
21 customer would be obligated to pay transition charges if it
22 were taking delivery services, except that no deduction for
23 delivery services revenues shall be made in such calculation,
24 and usage data from the customer's class shall be used where
25 historical usage data is not available for the individual
26 customer. The customer shall be obligated to pay such
27 charges on a lump sum basis on or before the date on which
28 the customer commences to take service from the alternative
29 retail electric supplier or other electric utility, provided,
30 that the electric utility in whose service area the customer
31 is located shall offer the customer the option of signing a
32 contract pursuant to which the customer pays such charges
33 ratably over the period in which the charges would otherwise
34 have applied.
SB24 Enrolled -20- LRB9100188JSgc
1 (i) An electric utility shall be entitled to add to the
2 bills of delivery services customers charges pursuant to
3 Sections 9-221, 9-222 (except as provided in Section
4 9-222.1), and Section 16-114 of this Act, Section 5-5 of the
5 Electricity Infrastructure Maintenance Fee Law, Section 6-5
6 of the Renewable Energy, Energy Efficiency, and Coal
7 Resources Development Law of 1997, and Section 13 of the
8 Energy Assistance Act of 1989.
9 (j) If a retail customer that obtains electric power and
10 energy from cogeneration or self-generation facilities
11 installed for its own use on or before January 1, 1997,
12 subsequently takes service from an alternative retail
13 electric supplier or an electric utility other than the
14 electric utility in whose service area the customer is
15 located for any portion of the customer's electric power and
16 energy requirements formerly obtained from those facilities
17 (including that amount purchased from the utility in lieu of
18 such generation and not as standby power purchases, under a
19 cogeneration displacement tariff in effect as of the
20 effective date of this amendatory Act of 1997), the
21 transition charges otherwise applicable pursuant to
22 subsections (f), (g), or (h) of this Section shall not be
23 applicable in any year to that portion of the customer's
24 electric power and energy requirements formerly obtained from
25 those facilities, provided, that for purposes of this
26 subsection (j), such portion shall not exceed the average
27 number of kilowatt-hours per year obtained from the
28 cogeneration or self-generation facilities during the 3 years
29 prior to the date on which the customer became eligible for
30 delivery services, except as provided in subsection (f) of
31 Section 16-110.
32 (Source: P.A. 90-561, eff. 12-16-97.)
33 (220 ILCS 5/16-110)
SB24 Enrolled -21- LRB9100188JSgc
1 Sec. 16-110. Delivery services customer power purchase
2 options.
3 (a) Each electric utility shall offer a tariffed service
4 or services in accordance with the terms and conditions set
5 forth in this Section pursuant to which its non-residential
6 delivery services customers may purchase from the electric
7 utility an amount of electric power and energy that is equal
8 to or less than the amounts that are delivered by such
9 electric utility.
10 (b) Except as provided in subsection (o) of Section
11 16-112, a non-residential delivery services customer that is
12 paying transition charges to the electric utility shall be
13 permitted to purchase electric power and energy from the
14 electric utility at a price or prices equal to the sum of (i)
15 the market values that are determined for the electric
16 utility in accordance with Section 16-112 and used by the
17 electric utility to calculate the customer's transition
18 charges and (ii) a fee that compensates the electric utility
19 for any administrative costs it incurs in arranging to supply
20 such electric power and energy. The electric utility may
21 require that the customer purchase such electric power and
22 energy for periods of not less than one year and may also
23 require that the customer give up to 30 days notice for a
24 purchase of one year's duration, and 90 days notice for a
25 purchase of more than one year's duration. A non-residential
26 delivery service customer exercising the option described in
27 this subsection may sell or assign its interests in the
28 electric power or energy that the customer has purchased. In
29 the case of any such assignment or sale by any
30 non-residential delivery service customer to an alternative
31 retail electric supplier that is serving such customer and
32 has been certified pursuant to Section 16-115, an electric
33 utility serving more than 500,000 customers shall provide
34 such power and energy at the same market value as set forth
SB24 Enrolled -22- LRB9100188JSgc
1 in clause (i) of this subsection, together with the fee
2 charged under clause (ii) of this subsection, less any costs
3 included in such market value or fee with respect to retail
4 marketing activities, provided, however, that in no event
5 shall an electric utility be required after June 1, 2002 to
6 provide power and energy at this market value plus fee that
7 excludes marketing costs for any such assignment or sale by a
8 non-residential customer to an alternative retail electric
9 supplier. At least twice per year, each electric utility
10 shall notify its small commercial retail customers, through
11 bill inserts and other similar means, of their option to
12 obtain electric power and energy through purchases at market
13 value pursuant to this subsection.
14 (c) After the transition charge period applicable to a
15 non-residential delivery services customer, and until the
16 provision of electric power and energy is declared
17 competitive for the customer group to which the customer
18 belongs, a non-residential delivery services customer that
19 paid any transition charges it was legally obligated to pay
20 to an electric utility shall be permitted to purchase
21 electric power and energy from the electric utility for
22 contract periods of one year at a price or prices equal to
23 the sum of (i) the market value determined for that
24 customer's class pursuant to Section 16-112 and (ii) to the
25 extent it is not included in such market value, a fee to
26 compensate the electric utility for the service of arranging
27 the supply or purchase of such electric power and energy.
28 The electric utility may require that a delivery services
29 customer give the following notice for such a purchase: (i)
30 for a small commercial retail customer, not more than 30
31 days; (ii) for a nonresidential customer which is not a small
32 commercial retail customer but which has maximum electrical
33 demand of less than 500 kilowatts, not more than 6 months;
34 (iii) for a nonresidential customer with maximum electrical
SB24 Enrolled -23- LRB9100188JSgc
1 demand of 500 kilowatts or more but less than one megawatt,
2 not more than 9 months; and (iv) for a nonresidential
3 customer with maximum electrical demand of one megawatt or
4 more, not more than one year. At least twice per year, each
5 electric utility shall notify its small commercial retail
6 customers, through bill inserts or other similar means, of
7 their option to obtain electric power and energy through
8 purchases at market value pursuant to this subsection.
9 (d) After the transition charge period applicable to a
10 non-residential delivery services customer, and until the
11 provision of electric power and energy is declared
12 competitive for the customer group to which the customer
13 belongs, a non-residential delivery services customer, other
14 than a small commercial retail customer, that paid any
15 transition charges it was legally obligated to pay to an
16 electric utility shall be permitted to purchase electric
17 power and energy from the electric utility for contract
18 periods of one year at a price or prices equal to (A) the sum
19 of (i) the electric utility's actual cost of procuring such
20 electric power and energy and (ii) a broker's fee to
21 compensate the electric utility for arranging the supply, or,
22 if the utility so elects, (B) the market value of electric
23 power or energy provided by the electric utility determined
24 as set forth in the electric utility's tariff for that
25 customer's class. The electric utility may require that the
26 delivery services customer give up to 30 days notice for such
27 a purchase.
28 (e) Each delivery services customer purchasing electric
29 power and energy from the electric utility pursuant to a
30 tariff filed in accordance with this Section shall also pay
31 all of the applicable charges set forth in the electric
32 utility's delivery services tariffs and any other tariffs
33 applicable to the services provided to that customer by the
34 electric utility.
SB24 Enrolled -24- LRB9100188JSgc
1 (f) An electric utility can require a retail customer
2 taking delivery services that formerly generated electric
3 power and energy for its own use and that would not otherwise
4 pay transition charges on a portion of its electric power and
5 energy requirements served on delivery services to pay
6 transition charges on that portion of the customer's electric
7 power and energy requirements as a condition of exercising
8 the delivery services customer power purchase options set
9 forth in this Section.
10 (Source: P.A. 90-561, eff. 12-16-97.)
11 (220 ILCS 5/16-111)
12 Sec. 16-111. Rates and restructuring transactions during
13 mandatory transition period.
14 (a) During the mandatory transition period,
15 notwithstanding any provision of Article IX of this Act, and
16 except as provided in subsections (b), (d), (e), and (f) of
17 this Section, the Commission shall not (i) initiate,
18 authorize or order any change by way of increase (other than
19 in connection with a request for rate increase which was
20 filed after September 1, 1997 but prior to October 15, 1997,
21 by an electric utility serving less than 12,500 customers in
22 this state), (ii) initiate or, unless requested by the
23 electric utility, authorize or order any change by way of
24 decrease, restructuring or unbundling (except as provided in
25 Section 16-109A), in the rates of any electric utility that
26 were in effect on October 1, 1996, or (iii) in any order
27 approving any application for a merger pursuant to Section
28 7-204 that was pending as of May 16, 1997, impose any
29 condition requiring any filing for an increase, decrease, or
30 change in, or other review of, an electric utility's rates or
31 enforce any such condition of any such order; provided,
32 however, that this subsection shall not prohibit the
33 Commission from:
SB24 Enrolled -25- LRB9100188JSgc
1 (1) approving the application of an electric
2 utility to implement an alternative to rate of return
3 regulation or a regulatory mechanism that rewards or
4 penalizes the electric utility through adjustment of
5 rates based on utility performance, pursuant to Section
6 9-244;
7 (2) authorizing an electric utility to eliminate
8 its fuel adjustment clause and adjust its base rate
9 tariffs in accordance with subsection (b), (d), or (f) of
10 Section 9-220 of this Act, to fix its fuel adjustment
11 factor in accordance with subsection (c) of Section 9-220
12 of this Act, or to eliminate its fuel adjustment clause
13 in accordance with subsection (e) of Section 9-220 of
14 this Act;
15 (3) ordering into effect tariffs for delivery
16 services and transition charges in accordance with
17 Sections 16-104 and 16-108, for real-time pricing in
18 accordance with Section 16-107, or the options required
19 by Section 16-110 and subsection (n) of 16-112, allowing
20 a billing experiment in accordance with Section 16-106,
21 or modifying delivery services tariffs in accordance with
22 Section 16-109; or
23 (4) ordering or allowing into effect any tariff to
24 recover charges pursuant to Sections 9-201.5, 9-220.1,
25 9-221, 9-222 (except as provided in Section 9-222.1),
26 16-108, and 16-114 of this Act, Section 5-5 of the
27 Electricity Infrastructure Maintenance Fee Law, Section
28 6-5 of the Renewable Energy, Energy Efficiency, and Coal
29 Resources Development Law of 1997, and Section 13 of the
30 Energy Assistance Act of 1989.
31 (b) Notwithstanding the provisions of subsection (a),
32 each Illinois electric utility serving more than 12,500
33 customers in Illinois shall file tariffs (i) reducing,
34 effective August 1, 1998, each component of its base rates to
SB24 Enrolled -26- LRB9100188JSgc
1 residential retail customers by 15% from the base rates in
2 effect immediately prior to January 1, 1998 and (ii) if the
3 public utility provides electric service to (A) more than
4 500,000 customers but less than 1,000,000 customers in this
5 State on January 1, 1999 the effective date of this
6 amendatory Act of 1997, reducing, effective May 1, 2002, each
7 component of its base rates to residential retail customers
8 by an additional 5% from the base rates in effect immediately
9 prior to January 1, 1998, or (B) at least 1,000,000 customers
10 in this State on January 1, 1999, reducing, effective October
11 1, 2001, each component of its base rates to residential
12 retail customers by an additional 5% from the base rates in
13 effect immediately prior to January 1, 1998. Provided,
14 however, that (A) if an electric utility's average
15 residential retail rate is less than or equal to the average
16 residential retail rate for a group of Midwest Utilities
17 (consisting of all investor-owned electric utilities with
18 annual system peaks in excess of 1000 megawatts in the States
19 of Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri,
20 Ohio, and Wisconsin), based on data reported on Form 1 to the
21 Federal Energy Regulatory Commission for calendar year 1995,
22 then it shall only be required to file tariffs (i) reducing,
23 effective August 1, 1998, each component of its base rates to
24 residential retail customers by 5% from the base rates in
25 effect immediately prior to January 1, 1998, (ii) reducing,
26 effective October 1, 2000, each component of its base rates
27 to residential retail customers by the lesser of 5% of the
28 base rates in effect immediately prior to January 1, 1998 or
29 the percentage by which the electric utility's average
30 residential retail rate exceeds the average residential
31 retail rate of the Midwest Utilities, based on data reported
32 on Form 1 to the Federal Energy Regulatory Commission for
33 calendar year 1999, and (iii) reducing, effective October 1,
34 2002, each component of its base rates to residential retail
SB24 Enrolled -27- LRB9100188JSgc
1 customers by an additional amount equal to the lesser of 5%
2 of the base rates in effect immediately prior to January 1,
3 1998 or the percentage by which the electric utility's
4 average residential retail rate exceeds the average
5 residential retail rate of the Midwest Utilities, based on
6 data reported on Form 1 to the Federal Energy Regulatory
7 Commission for calendar year 2001; and (B) if the average
8 residential retail rate of an electric utility serving
9 between 150,000 and 250,000 retail customers in this State on
10 January 1, 1995 is less than or equal to 90% of the average
11 residential retail rate for the Midwest Utilities, based on
12 data reported on Form 1 to the Federal Energy Regulatory
13 Commission for calendar year 1995, then it shall only be
14 required to file tariffs (i) reducing, effective August 1,
15 1998, each component of its base rates to residential retail
16 customers by 2% from the base rates in effect immediately
17 prior to January 1, 1998; (ii) reducing, effective October 1,
18 2000, each component of its base rates to residential retail
19 customers by 2% from the base rate in effect immediately
20 prior to January 1, 1998; and (iii) reducing, effective
21 October 1, 2002, each component of its base rates to
22 residential retail customers by 1% from the base rates in
23 effect immediately prior to January 1, 1998. Provided,
24 further, that any electric utility for which a decrease in
25 base rates has been or is placed into effect between October
26 1, 1996 and the dates specified in the preceding sentences of
27 this subsection, other than pursuant to the requirements of
28 this subsection, shall be entitled to reduce the amount of
29 any reduction or reductions in its base rates required by
30 this subsection by the amount of such other decrease. The
31 tariffs required under this subsection shall be filed 45 days
32 in advance of the effective date. Notwithstanding anything to
33 the contrary in Section 9-220 of this Act, no restatement of
34 base rates in conjunction with the elimination of a fuel
SB24 Enrolled -28- LRB9100188JSgc
1 adjustment clause under that Section shall result in a lesser
2 decrease in base rates than customers would otherwise receive
3 under this subsection had the electric utility's fuel
4 adjustment clause not been eliminated.
5 (c) Any utility reducing its base rates by 15% on August
6 1, 1998 pursuant to subsection (b) shall include the
7 following statement on its bills for residential customers
8 from August 1 through December 31, 1998: "Effective August 1,
9 1998, your rates have been reduced by 15% by the Electric
10 Service Customer Choice and Rate Relief Law of 1997 passed by
11 the Illinois General Assembly.". Any utility reducing its
12 base rates by 5% on August 1, 1998, pursuant to subsection
13 (b) shall include the following statement on its bills for
14 residential customers from August 1 through December 31,
15 1998: "Effective August 1, 1998, your rates have been
16 reduced by 5% by the Electric Service Customer Choice and
17 Rate Relief Law of 1997 passed by the Illinois General
18 Assembly.".
19 Any utility reducing its base rates by 2% on August 1,
20 1998 pursuant to subsection (b) shall include the following
21 statement on its bills for residential customers from August
22 1 through December 31, 1998: "Effective August 1, 1998, your
23 rates have been reduced by 2% by the Electric Service
24 Customer Choice and Rate Relief Law of 1997 passed by the
25 Illinois General Assembly.".
26 (d) During the mandatory transition period, but not
27 before January 1, 2000, and notwithstanding the provisions
28 of subsection (a), an electric utility may request an
29 increase in its base rates if the electric utility
30 demonstrates that the 2-year average of its earned rate of
31 return on common equity, calculated as its net income
32 applicable to common stock divided by the average of its
33 beginning and ending balances of common equity using data
34 reported in the electric utility's Form 1 report to the
SB24 Enrolled -29- LRB9100188JSgc
1 Federal Energy Regulatory Commission but adjusted to remove
2 the effects of accelerated depreciation or amortization or
3 other transition or mitigation measures implemented by the
4 electric utility pursuant to subsection (g) of this Section
5 and the effect of any refund paid pursuant to subsection (e)
6 of this Section, is below the 2-year average for the same 2
7 years of the monthly average yields of 30-year U.S. Treasury
8 bonds published by the Board of Governors of the Federal
9 Reserve System in its weekly H.15 Statistical Release or
10 successor publication. The Commission shall review the
11 electric utility's request, and may review the justness and
12 reasonableness of all rates for tariffed services, in
13 accordance with the provisions of Article IX of this Act,
14 provided that the Commission shall consider any special or
15 negotiated adjustments to the revenue requirement agreed to
16 between the electric utility and the other parties to the
17 proceeding. In setting rates under this Section, the
18 Commission shall exclude the costs and revenues that are
19 associated with competitive services and any billing or
20 pricing experiments conducted under Section 16-106.
21 (e) For the purposes of this subsection (e) all
22 calculations and comparisons shall be performed for the
23 Illinois operations of multijurisdictional utilities. During
24 the mandatory transition period, notwithstanding the
25 provisions of subsection (a), if the 2-year average of an
26 electric utility's earned rate of return on common equity,
27 calculated as its net income applicable to common stock
28 divided by the average of its beginning and ending balances
29 of common equity using data reported in the electric
30 utility's Form 1 report to the Federal Energy Regulatory
31 Commission but adjusted to remove the effect of any refund
32 paid under this subsection (e), and further adjusted to
33 include the annual amortization of any difference between the
34 consideration received by an affiliated interest of the
SB24 Enrolled -30- LRB9100188JSgc
1 electric utility in the sale of an asset which had been sold
2 or transferred by the electric utility to the affiliated
3 interest subsequent to the effective date of this amendatory
4 Act of 1997 and the consideration for which such asset had
5 been sold or transferred to the affiliated interest, with
6 such difference to be amortized ratably from the date of the
7 sale by the affiliated interest to December 31, 2006, exceeds
8 the 2-year average of the Index for the same 2 years by 1.5
9 or more percentage points, the electric utility shall make
10 refunds to customers beginning the first billing day of April
11 in the following year in the manner described in paragraph
12 (3) of this subsection. For purposes of this subsection (e),
13 the "Index" shall be the sum of (A) the average for the 12
14 months ended September 30 of the monthly average yields of
15 30-year U.S. Treasury bonds published by the Board of
16 Governors of the Federal Reserve System in its weekly H.15
17 Statistical Release or successor publication for each year
18 1998 through 2004, and (B) (i) 4.00 percentage points for
19 each of the 12-month periods ending September 30, 1998
20 through September 30, 1999 or 8.00 percentage points if the
21 electric utility's average residential retail rate is less
22 than or equal to 90% of the average residential retail rate
23 for the "Midwest Utilities", as that term is defined in
24 subsection (b) of this Section, based on data reported on
25 Form 1 to the Federal Energy Regulatory Commission for
26 calendar year 1995, and the electric utility served between
27 150,000 and 250,000 retail customers on January 1, 1995, or
28 (ii) 7.00 5.00 percentage points for each of the 12-month
29 periods ending September 30, 2000 through September 30, 2004
30 if the electric utility was providing service to at least
31 1,000,000 customers in this State on January 1, 1999, or 9.00
32 percentage points if the electric utility's average
33 residential retail rate is less than or equal to 90% of the
34 average residential retail rate for the "Midwest Utilities",
SB24 Enrolled -31- LRB9100188JSgc
1 as that term is defined in subsection (b) of this Section,
2 based on data reported on Form 1 to the Federal Energy
3 Regulatory Commission for calendar year 1995 and the electric
4 utility served between 150,000 and 250,000 retail customers
5 in this State on January 1, 1995, (iii) 11.00 percentage
6 points for each of the 12-month periods ending September 30,
7 2000 through September 30, 2004, but only if the electric
8 utility's average residential retail rate is less than or
9 equal to 90% of the average residential retail rate for the
10 "Midwest Utilities", as that term is defined in subsection
11 (b) of this Section, based on data reported on Form 1 to the
12 Federal Energy Regulatory Commission for calendar year 1995,
13 the electric utility served between 150,000 and 250,000
14 retail customers in this State on January 1, 1995, and the
15 electric utility offers delivery services on or before June
16 1, 2000 to retail customers whose annual electric energy use
17 comprises 33% of the kilowatt hour sales to that group of
18 retail customers that are classified under Division D, Groups
19 20 through 39 of the Standard Industrial Classifications set
20 forth in the Standard Industrial Classification Manual
21 published by the United States Office of Management and
22 Budget, excluding the kilowatt hour sales to those customers
23 that are eligible for delivery services pursuant to Section
24 16-104(a)(1)(i), and offers delivery services to its
25 remaining retail customers classified under Division D,
26 Groups 20 through 39 on or before October 1, 2000, and,
27 provided further, that the electric utility commits not to
28 petition pursuant to Section 16-108(f) for entry of an order
29 by the Commission authorizing the electric utility to
30 implement transition charges for an additional period after
31 December 31, 2006, or (iv) 5.00 percentage points for each of
32 the 12-month periods ending September 30, 2000 through
33 September 30, 2004 for all other electric utilities or 7.00
34 percentage points for such utilities for each of the 12-month
SB24 Enrolled -32- LRB9100188JSgc
1 periods ending September 30, 2000 through September 30, 2004
2 for any such utility that commits not to petition pursuant to
3 Section 16-108(f) for entry of an order by the Commission
4 authorizing the electric utility to implement transition
5 charges for an additional period after December 31, 2006.
6 (1) For purposes of this subsection (e), "excess
7 earnings" means the difference between (A) the 2-year
8 average of the electric utility's earned rate of return
9 on common equity, less (B) the 2-year average of the sum
10 of (i) the Index applicable to each of the 2 years and
11 (ii) 1.5 percentage points; provided, that "excess
12 earnings" shall never be less than zero.
13 (2) On or before March 31 of each year 2000 through
14 2005 each electric utility shall file a report with the
15 Commission showing its earned rate of return on common
16 equity, calculated in accordance with this subsection,
17 for the preceding calendar year and the average for the
18 preceding 2 calendar years.
19 (3) If an electric utility has excess earnings,
20 determined in accordance with paragraphs (1) and (2) of
21 this subsection, the refunds which the electric utility
22 shall pay to its customers beginning the first billing
23 day of April in the following year shall be calculated
24 and applied as follows:
25 (i) The electric utility's excess earnings
26 shall be multiplied by the average of the beginning
27 and ending balances of the electric utility's common
28 equity for the 2-year period in which excess
29 earnings occurred.
30 (ii) The result of the calculation in (i)
31 shall be multiplied by 0.50 and then divided by a
32 number equal to 1 minus the electric utility's
33 composite federal and State income tax rate.
34 (iii) The result of the calculation in (ii)
SB24 Enrolled -33- LRB9100188JSgc
1 shall be divided by the sum of the electric
2 utility's projected total kilowatt-hour sales to
3 retail customers plus projected kilowatt-hours to be
4 delivered to delivery services customers over a one
5 year period beginning with the first billing date in
6 April in the succeeding year to determine a cents
7 per kilowatt-hour refund factor.
8 (iv) The cents per kilowatt-hour refund factor
9 calculated in (iii) shall be credited to the
10 electric utility's customers by applying the factor
11 on the customer's monthly bills to each
12 kilowatt-hour sold or delivered until the total
13 amount calculated in (ii) has been paid to
14 customers.
15 (f) During the mandatory transition period, an electric
16 utility may file revised tariffs reducing the price of any
17 tariffed service offered by the electric utility for all
18 customers taking that tariffed service, which shall be
19 effective 7 days after filing.
20 (g) During the mandatory transition period, an electric
21 utility may, without obtaining any approval of the Commission
22 other than that provided for in this subsection and
23 notwithstanding any other provision of this Act or any rule
24 or regulation of the Commission that would require such
25 approval:
26 (1) implement a reorganization, other than a merger
27 of 2 or more public utilities as defined in Section 3-105
28 or their holding companies;
29 (2) retire generating plants from service;
30 (3) sell, assign, lease or otherwise transfer
31 assets to an affiliated or unaffiliated entity and as
32 part of such transaction enter into service agreements,
33 power purchase agreements, or other agreements with the
34 transferee; provided, however, that the prices, terms and
SB24 Enrolled -34- LRB9100188JSgc
1 conditions of any power purchase agreement must be
2 approved or allowed into effect by the Federal Energy
3 Regulatory Commission; or
4 (4) use any accelerated cost recovery method
5 including accelerated depreciation, accelerated
6 amortization or other capital recovery methods, or record
7 reductions to the original cost of its assets.
8 In order to implement a reorganization, retire generating
9 plants from service, or sell, assign, lease or otherwise
10 transfer assets pursuant to this Section, the electric
11 utility shall comply with subsections (c) and (d) of Section
12 16-128, if applicable, and subsection (k) of this Section, if
13 applicable, and provide the Commission with at least 30 days
14 notice of the proposed reorganization or transaction, which
15 notice shall include the following information:
16 (i) a complete statement of the entries that
17 the electric utility will make on its books and
18 records of account to implement the proposed
19 reorganization or transaction together with a
20 certification from an independent certified public
21 accountant that such entries are in accord with
22 generally accepted accounting principles and, if the
23 Commission has previously approved guidelines for
24 cost allocations between the utility and its
25 affiliates, a certification from the chief
26 accounting officer of the utility that such entries
27 are in accord with those cost allocation guidelines;
28 (ii) a description of how the electric utility
29 will use proceeds of any sale, assignment, lease or
30 transfer to retire debt or otherwise reduce or
31 recover the costs of services provided by such
32 electric utility;
33 (iii) a list of all federal approvals or
34 approvals required from departments and agencies of
SB24 Enrolled -35- LRB9100188JSgc
1 this State, other than the Commission, that the
2 electric utility has or will obtain before
3 implementing the reorganization or transaction;
4 (iv) an irrevocable commitment by the electric
5 utility that it will not, as a result of the
6 transaction, impose any stranded cost charges that
7 it might otherwise be allowed to charge retail
8 customers under federal law or increase the
9 transition charges that it is otherwise entitled to
10 collect under this Article XVI; and
11 (v) if the electric utility proposes to sell,
12 assign, lease or otherwise transfer a generating
13 plant that brings the amount of net dependable
14 generating capacity transferred pursuant to this
15 subsection to an amount equal to or greater than 15%
16 of the electric utility's net dependable capacity as
17 of the effective date of this amendatory Act of
18 1997, and enters into a power purchase agreement
19 with the entity to which such generating plant is
20 sold, assigned, leased, or otherwise transferred,
21 the electric utility also agrees, if its fuel
22 adjustment clause has not already been eliminated,
23 to eliminate its fuel adjustment clause in
24 accordance with subsection (b) of Section 9-220 for
25 a period of time equal to the length of any such
26 power purchase agreement or successor agreement, or
27 until January 1, 2005, whichever is longer; if the
28 capacity of the generating plant so transferred and
29 related power purchase agreement does not result in
30 the elimination of the fuel adjustment clause under
31 this subsection, and the fuel adjustment clause has
32 not already been eliminated, the electric utility
33 shall agree that the costs associated with the
34 transferred plant that are included in the
SB24 Enrolled -36- LRB9100188JSgc
1 calculation of the rate per kilowatt-hour to be
2 applied pursuant to the electric utility's fuel
3 adjustment clause during such period shall not
4 exceed the per kilowatt-hour cost associated with
5 such generating plant included in the electric
6 utility's fuel adjustment clause during the full
7 calendar year preceding the transfer, with such
8 limit to be adjusted each year thereafter by the
9 Gross Domestic Product Implicit Price Deflator.
10 (vi) In addition, if the electric utility
11 proposes to sell, assign, or lease, (A) either (1)
12 an amount of generating plant that brings the amount
13 of net dependable generating capacity transferred
14 pursuant to this subsection to an amount equal to or
15 greater than 15% of its net dependable capacity on
16 the effective date of this amendatory Act of 1997,
17 or (2) one or more generating plants with a total
18 net dependable capacity of 1100 megawatts, or (B)
19 transmission and distribution facilities that either
20 (1) bring the amount of transmission and
21 distribution facilities transferred pursuant to this
22 subsection to an amount equal to or greater than 15%
23 of the electric utility's total depreciated original
24 cost investment in such facilities, or (2) represent
25 an investment of $25,000,000 in terms of total
26 depreciated original cost, the electric utility
27 shall provide, in addition to the information listed
28 in subparagraphs (i) through (v), the following
29 information: (A) a description of how the electric
30 utility will meet its service obligations under this
31 Act in a safe and reliable manner and (B) the
32 electric utility's projected earned rate of return
33 on common equity, calculated in accordance with
34 subsection (d) of this Section, for each year from
SB24 Enrolled -37- LRB9100188JSgc
1 the date of the notice through December 31, 2004
2 both with and without the proposed transaction. If
3 the Commission has not issued an order initiating a
4 hearing on the proposed transaction within 30 days
5 after the date the electric utility's notice is
6 filed, the transaction shall be deemed approved.
7 The Commission may, after notice and hearing,
8 prohibit the proposed transaction if it makes either
9 or both of the following findings: (1) that the
10 proposed transaction will render the electric
11 utility unable to provide its tariffed services in a
12 safe and reliable manner, or (2) that there is a
13 strong likelihood that consummation of the proposed
14 transaction will result in the electric utility
15 being entitled to request an increase in its base
16 rates during the mandatory transition period
17 pursuant to subsection (d) of this Section. Any
18 hearing initiated by the Commission into the
19 proposed transaction shall be completed, and the
20 Commission's final order approving or prohibiting
21 the proposed transaction shall be entered, within 90
22 days after the date the electric utility's notice
23 was filed. Provided, however, that a sale,
24 assignment, or lease of transmission facilities to
25 an independent system operator that meets the
26 requirements of Section 16-126 shall not be subject
27 to Commission approval under this Section.
28 In any proceeding conducted by the Commission
29 pursuant to this subparagraph (vi), intervention
30 shall be limited to parties with a direct interest
31 in the transaction which is the subject of the
32 hearing and any statutory consumer protection agency
33 as defined in subsection (d) of Section 9-102.1.
34 Notwithstanding the provisions of Section 10-113 of
SB24 Enrolled -38- LRB9100188JSgc
1 this Act, any application seeking rehearing of an
2 order issued under this subparagraph (vi), whether
3 filed by the electric utility or by an intervening
4 party, shall be filed within 10 days after service
5 of the order.
6 The Commission shall not in any subsequent proceeding or
7 otherwise, review such a reorganization or other transaction
8 authorized by this Section, but shall retain the authority to
9 allocate costs as stated in Section 16-111(i). An entity to
10 which an electric utility sells, assigns, leases or transfers
11 assets pursuant to this subsection (g) shall not, as a result
12 of the transactions specified in this subsection (g), be
13 deemed a public utility as defined in Section 3-105. Nothing
14 in this subsection (g) shall change any requirement under the
15 jurisdiction of the Illinois Department of Nuclear Safety
16 including, but not limited to, the payment of fees. Nothing
17 in this subsection (g) shall exempt a utility from obtaining
18 a certificate pursuant to Section 8-406 of this Act for the
19 construction of a new electric generating facility. Nothing
20 in this subsection (g) is intended to exempt the transactions
21 hereunder from the operation of the federal or State
22 antitrust laws. Nothing in this subsection (g) shall require
23 an electric utility to use the procedures specified in this
24 subsection for any of the transactions specified herein. Any
25 other procedure available under this Act may, at the electric
26 utility's election, be used for any such transaction.
27 (h) During the mandatory transition period, the
28 Commission shall not establish or use any rates of
29 depreciation, which for purposes of this subsection shall
30 include amortization, for any electric utility other than
31 those established pursuant to subsection (c) of Section 5-104
32 of this Act or utilized pursuant to subsection (g) of this
33 Section. Provided, however, that in any proceeding to review
34 an electric utility's rates for tariffed services pursuant to
SB24 Enrolled -39- LRB9100188JSgc
1 Section 9-201, 9-202, 9-250 or 16-111(d) of this Act, the
2 Commission may establish new rates of depreciation for the
3 electric utility in the same manner provided in subsection
4 (d) of Section 5-104 of this Act. An electric utility
5 implementing an accelerated cost recovery method including
6 accelerated depreciation, accelerated amortization or other
7 capital recovery methods, or recording reductions to the
8 original cost of its assets, pursuant to subsection (g) of
9 this Section, shall file a statement with the Commission
10 describing the accelerated cost recovery method to be
11 implemented or the reduction in the original cost of its
12 assets to be recorded. Upon the filing of such statement,
13 the accelerated cost recovery method or the reduction in the
14 original cost of assets shall be deemed to be approved by the
15 Commission as though an order had been entered by the
16 Commission.
17 (i) Subsequent to the mandatory transition period, the
18 Commission, in any proceeding to establish rates and charges
19 for tariffed services offered by an electric utility, shall
20 consider only (1) the then current or projected revenues,
21 costs, investments and cost of capital directly or indirectly
22 associated with the provision of such tariffed services; (2)
23 collection of transition charges in accordance with Sections
24 16-102 and 16-108 of this Act; (3) recovery of any employee
25 transition costs as described in Section 16-128 which the
26 electric utility is continuing to incur, including recovery
27 of any unamortized portion of such costs previously incurred
28 or committed, with such costs to be equitably allocated among
29 bundled services, delivery services, and contracts with
30 alternative retail electric suppliers; and (4) recovery of
31 the costs associated with the electric utility's compliance
32 with decommissioning funding requirements; and shall not
33 consider any other revenues, costs, investments or cost of
34 capital of either the electric utility or of any affiliate of
SB24 Enrolled -40- LRB9100188JSgc
1 the electric utility that are not associated with the
2 provision of tariffed services. In setting rates for
3 tariffed services, the Commission shall equitably allocate
4 joint and common costs and investments between the electric
5 utility's competitive and tariffed services. In determining
6 the justness and reasonableness of the electric power and
7 energy component of an electric utility's rates for tariffed
8 services subsequent to the mandatory transition period and
9 prior to the time that the provision of such electric power
10 and energy is declared competitive, the Commission shall
11 consider the extent to which the electric utility's tariffed
12 rates for such component for each customer class exceed the
13 market value determined pursuant to Section 16-112, and, if
14 the electric power and energy component of such tariffed rate
15 exceeds the market value by more than 10% for any customer
16 class, may establish such electric power and energy component
17 at a rate equal to the market value plus 10%. In any such
18 case, the Commission may also elect to extend the provisions
19 of Section 16-111(e) for any period in which the electric
20 utility is collecting transition charges, using information
21 applicable to such period.
22 (j) During the mandatory transition period, an electric
23 utility may elect to transfer to a non-operating income
24 account under the Commission's Uniform System of Accounts
25 either or both of (i) an amount of unamortized investment tax
26 credit that is in addition to the ratable amount which is
27 credited to the electric utility's operating income account
28 for the year in accordance with Section 46(f)(2) of the
29 federal Internal Revenue Code of 1986, as in effect prior to
30 P.L. 101-508, or (ii) "excess tax reserves", as that term is
31 defined in Section 203(e)(2)(A) of the federal Tax Reform Act
32 of 1986, provided that (A) the amount transferred may not
33 exceed the amount of the electric utility's assets that were
34 created pursuant to Statement of Financial Accounting
SB24 Enrolled -41- LRB9100188JSgc
1 Standards No. 71 which the electric utility has written off
2 during the mandatory transition period, and (B) the transfer
3 shall not be effective until approved by the Internal Revenue
4 Service. An electric utility electing to make such a
5 transfer shall file a statement with the Commission stating
6 the amount and timing of the transfer for which it intends to
7 request approval of the Internal Revenue Service, along with
8 a copy of its proposed request to the Internal Revenue
9 Service for a ruling. The Commission shall issue an order
10 within 14 days after the electric utility's filing approving,
11 subject to receipt of approval from the Internal Revenue
12 Service, the proposed transfer.
13 (k) If an electric utility is selling or transferring to
14 a single buyer 5 or more generating plants located in this
15 State with a total net dependable capacity of 5000 megawatts
16 or more pursuant to subsection (g) of this Section and has
17 obtained a sale price or consideration that exceeds 200% of
18 the book value of such plants, the electric utility must
19 provide to the Governor, the President of the Illinois
20 Senate, the Minority Leader of the Illinois Senate, the
21 Speaker of the Illinois House of Representatives, and the
22 Minority Leader of the Illinois House of Representatives no
23 later than 15 days after filing its notice under subsection
24 (g) of this Section or 5 days after the date on which this
25 subsection (k) becomes law, whichever is later, a written
26 commitment in which such electric utility agrees to expend $2
27 billion outside the corporate limits of any municipality with
28 1,000,000 or more inhabitants within such electric utility's
29 service area, over a 6-year period beginning with the
30 calendar year in which the notice is filed, on projects,
31 programs, and improvements within its service area relating
32 to transmission and distribution including, without
33 limitation, infrastructure expansion, repair and replacement,
34 capital investments, operations and maintenance, and
SB24 Enrolled -42- LRB9100188JSgc
1 vegetation management.
2 (Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97.)
3 (220 ILCS 5/16-111.1 new)
4 Sec. 16-111.1. Illinois Clean Energy Community Trust.
5 (a) An electric utility which has sold or transferred
6 generating facilities in a transaction to which subsection
7 (k) of Section 16-111 applies is authorized to establish an
8 Illinois clean energy community trust or foundation for the
9 purposes of providing financial support and assistance to
10 entities, public or private, within the State of Illinois
11 including, but not limited to, units of State and local
12 government, educational institutions, corporations, and
13 charitable, educational, environmental and community
14 organizations, for programs and projects that benefit the
15 public by improving energy efficiency, developing renewable
16 energy resources, supporting other energy related projects
17 that improve the State's environmental quality, and
18 supporting projects and programs intended to preserve or
19 enhance the natural habitats and wildlife areas of the State.
20 Provided, however, that the trust or foundation funds shall
21 not be used for the remediation of environmentally impaired
22 property. The trust or foundation may also assist in
23 identifying other energy and environmental grant
24 opportunities.
25 (b) Such trust or foundation shall be governed by a
26 declaration of trust or articles of incorporation and bylaws
27 which shall, at a minimum, provide that:
28 (1) There shall be 6 voting trustees of the trust
29 or foundation, one of whom shall be appointed by the
30 Governor, one of whom shall be appointed by the President
31 of the Illinois Senate, one of whom shall be appointed by
32 the Minority Leader of the Illinois Senate, one of whom
33 shall be appointed by the Speaker of the Illinois House
SB24 Enrolled -43- LRB9100188JSgc
1 of Representatives, one of whom shall be appointed by the
2 Minority Leader of the Illinois House of Representatives,
3 and one of whom shall be appointed by the electric
4 utility establishing the trust or foundation, provided
5 that the voting trustee appointed by the utility shall be
6 a representative of a recognized environmental action
7 group selected by the utility. The Governor shall select
8 one of the 6 voting trustees, once appointed, to be the
9 first chairman of the trust or foundation pending the
10 first election of officers. In addition, there shall be 4
11 non-voting trustees, one of whom shall be appointed by
12 the Director of the Department of Commerce and Community
13 Affairs, one of whom shall be appointed by the Director
14 of the Illinois Environmental Protection Agency, one of
15 whom shall be appointed by the Director of the Department
16 of Natural Resources, and one of whom shall be appointed
17 by the electric utility establishing the trust or
18 foundation, provided that the non-voting trustee
19 appointed by the utility shall bring financial expertise
20 to the trust or foundation and shall have appropriate
21 credentials therefor.
22 (2) All voting trustees and the non-voting trustee
23 with financial expertise shall be entitled to
24 compensation for their services as trustees, provided,
25 however, that no member of the General Assembly and no
26 employee of the electric utility establishing the trust
27 or foundation serving as a voting trustee shall receive
28 any compensation for his or her services as a trustee,
29 and provided further that the compensation to the
30 chairman of the trust shall not exceed $25,000 annually
31 and the compensation to any other trustee shall not
32 exceed $20,000 annually. All trustees shall be entitled
33 to reimbursement for reasonable expenses incurred on
34 behalf of the trust in the performance of their duties as
SB24 Enrolled -44- LRB9100188JSgc
1 trustees. All such compensation and reimbursements shall
2 be paid out of the trust.
3 (3) Trustees shall be appointed within 30 days
4 after the creation of the trust or foundation and shall
5 serve for a term of 5 years commencing upon the date of
6 their respective appointments, until their respective
7 successors are appointed and qualified.
8 (4) A vacancy in the office of trustee shall be
9 filled by the person holding the office responsible for
10 appointing the trustee whose death or resignation creates
11 the vacancy, and a trustee appointed to fill a vacancy
12 shall serve the remainder of the term of the trustee
13 whose resignation or death created the vacancy.
14 (5) The trust or foundation shall have an
15 indefinite term, and shall terminate at such time as no
16 trust assets remain.
17 (6) The trust or foundation shall be funded in the
18 minimum amount of $250,000,000, with the allocation and
19 disbursement of funds for the various purposes for which
20 the trust or foundation is established to be determined
21 by the trustees in accordance with the declaration of
22 trust or the articles of incorporation and bylaws;
23 provided, however, that this amount may be reduced by up
24 to $25,000,000 if, at the time the trust or foundation is
25 funded, a corresponding amount is contributed by the
26 electric utility establishing the trust or foundation to
27 the Board of Trustees of Southern Illinois University for
28 the purpose of funding programs or projects related to
29 clean coal and provided further that $25,000,000 of the
30 amount contributed to the trust or foundation shall be
31 available to fund programs or projects related to clean
32 coal.
33 (7) The trust or foundation shall be authorized to
34 employ an executive director and other employees, to
SB24 Enrolled -45- LRB9100188JSgc
1 enter into leases, contracts and other obligations on
2 behalf of the trust or foundation, and to incur expenses
3 that the trustees deem necessary or appropriate for the
4 fulfillment of the purposes for which the trust or
5 foundation is established, provided, however, that
6 salaries and administrative expenses incurred on behalf
7 of the trust or foundation shall not exceed $500,000 in
8 the first fiscal year after the trust or foundation is
9 established and shall not exceed $1,000,000 in each
10 subsequent fiscal year.
11 (8) The trustees may create and appoint advisory
12 boards or committees to assist them with the
13 administration of the trust or foundation, and to advise
14 and make recommendations to them regarding the
15 contribution and disbursement of the trust or foundation
16 funds.
17 (c)(1) In addition to the allocation and disbursement of
18 funds for the purposes set forth in subsection (a) of
19 this Section, the trustees of the trust or foundation
20 shall annually contribute funds in amounts set forth in
21 subparagraph (2) of this subsection to the Citizens
22 Utility Board created by the Citizens Utility Board Act;
23 provided, however, that any such funds shall be used
24 solely for the representation of the interests of utility
25 consumers before the Illinois Commerce Commission, the
26 Federal Energy Regulatory Commission, and the Federal
27 Communications Commission and for the provision of
28 consumer education on utility service and prices and on
29 benefits and methods of energy conservation. Provided,
30 however, that no part of such funds shall be used to
31 support (i) any lobbying activity, (ii) activities
32 related to fundraising, (iii) advertising or other
33 marketing efforts regarding a particular utility, or (iv)
34 solicitation of support for, or advocacy of, a particular
SB24 Enrolled -46- LRB9100188JSgc
1 position regarding any specific utility or a utility's
2 docketed proceeding.
3 (2) In the calendar year in which the trust or
4 foundation is first funded, the trustees shall contribute
5 $1,000,000 to the Citizens Utility Board within 60 days
6 after such trust or foundation is established; provided,
7 however, that such contribution shall be made after
8 December 31, 1999. In each of the 6 calendar years
9 subsequent to the first contribution, if the trust or
10 foundation is in existence, the trustees shall contribute
11 to the Citizens Utility Board an amount equal to the
12 total expenditures by such organization in the prior
13 calendar year, as set forth in the report filed by the
14 Citizens Utility Board with the chairman of such trust or
15 foundation as required by subparagraph (3) of this
16 subsection. Such subsequent contributions shall be made
17 within 30 days of submission by the Citizens Utility
18 Board of such report to the Chairman of the trust or
19 foundation, but in no event shall any annual contribution
20 by the trustees to the Citizens Utility Board exceed
21 $1,000,000. Following such 7-year period, an Illinois
22 statutory consumer protection agency may petition the
23 trust or foundation for contributions to fund
24 expenditures of the type identified in paragraph (1), but
25 in no event shall annual contributions by the trust or
26 foundation for such expenditures exceed $1,000,000.
27 (3) The Citizens Utility Board shall file a report
28 with the chairman of such trust or foundation for each
29 year in which it expends any funds received from the
30 trust or foundation setting forth the amount of any
31 expenditures (regardless of the source of funds for such
32 expenditures) for: (i) the representation of the
33 interests of utility consumers before the Illinois
34 Commerce Commission, the Federal Energy Regulatory
SB24 Enrolled -47- LRB9100188JSgc
1 Commission, and the Federal Communications Commission,
2 and (ii) the provision of consumer education on utility
3 service and prices and on benefits and methods of energy
4 conservation. Such report shall separately state the
5 total amount of expenditures for the purposes or
6 activities identified by items (i) and (ii) of this
7 paragraph, the name and address of the external recipient
8 of any such expenditure, if applicable, and the specific
9 purposes or activities (including internal purposes or
10 activities) for which each expenditure was made. Any
11 report required by this subsection shall be filed with
12 the chairman of such trust or foundation no later than
13 March 31 of the year immediately following the year for
14 which the report is required.
15 (220 ILCS 5/16-111.2 new)
16 Sec. 16-111.2. Provisions related to proposed utility
17 transactions.
18 (a) The General Assembly finds:
19 (1) A transaction as described in paragraph (3) of
20 this subsection (a) will contribute to improved
21 reliability of the electric supply system in Illinois
22 which is one of the key purposes of the Illinois Electric
23 Service Customer Choice and Rate Relief Law of 1997.
24 (2) A transaction as described in paragraph (3) of
25 this subsection (a) is likely to promote additional
26 investment in the existing generating assets and in the
27 development of additional generation capacity in
28 Illinois, and such change in ownership is in the public
29 interest, consistent with the intent of the Illinois
30 Electric Service Customer Choice and Rate Relief Law of
31 1997 and beneficial for the citizens of this State.
32 (3) As of the date on which this amendatory Act of
33 1999 becomes law, an electric utility providing service
SB24 Enrolled -48- LRB9100188JSgc
1 to more than 1,000,000 customers in this State has
2 proposed to sell or transfer to a single buyer 5 or more
3 generating plants with a total net dependable capacity of
4 5000 megawatts or more pursuant to subsection (g) of
5 Section 16-111.
6 (4) Such electric utility anticipates receiving a
7 sale price or consideration as a result of such
8 transaction exceeding 200% of the book value of these
9 plants.
10 (5) Such electric utility has presented to the
11 Governor and the leaders of the General Assembly a
12 written commitment in which such electric utility agrees
13 to expend $2,000,000,000 outside the corporate limits of
14 any municipality with 1,000,000 or more inhabitants
15 within such electric utility's service area, over a
16 6-year period beginning with this calendar year on
17 projects, programs and improvements within its service
18 area relating to transmission and distribution including,
19 without limitation, infrastructure expansion, repair and
20 replacement, capital investments, operations and
21 maintenance, and vegetation management.
22 (6) Such electric utility has committed that, if
23 the sale or transfer contemplated by paragraph (3) of
24 this subsection is consummated on or before December 31,
25 1999, the electric utility shall make contributions
26 totaling $250,000,000 to entities within this State for,
27 among other purposes, environmental and clean coal
28 initiatives pursuant to Section 16-111.1, which
29 commitment includes a contribution of $25,000,000 to the
30 Board of Trustees of Southern Illinois University for the
31 purpose of funding programs or projects related to clean
32 coal.
33 (b) That, in light of the findings in paragraphs (1) and
34 (2) of subsection (a) and, in this instance, the
SB24 Enrolled -49- LRB9100188JSgc
1 circumstances described in paragraphs (3) through (6) of
2 subsection (a) and otherwise, the General Assembly hereby
3 finds that allowing the generating facilities being acquired
4 to be eligible facilities under the provisions of the
5 National Energy Policy Act of 1992 that apply to exempt
6 wholesale generators (A) will benefit consumers; (B) is in
7 the public interest; and (C) does not violate the law of this
8 State.
9 (c) Nothing in this Section shall have any effect on the
10 authority of the Commission under subsection (g) of Section
11 16-111 of this Act.
12 (220 ILCS 5/16-114.1 new)
13 Sec. 16-114.1. Recovery of decommissioning costs in
14 connection with nuclear power plant sale agreement.
15 (a) An electric utility owning a single-unit nuclear
16 power plant located in this State which enters into an
17 agreement to sell the nuclear power plant and as part of such
18 agreement agrees: (i) to make contributions to a
19 tax-qualified decommissioning trust or non-tax qualified
20 decommissioning trust, or both, as defined in Section 8-508.1
21 for the nuclear power plant, in specified amounts or for a
22 specified period of time, after the sale is consummated, or
23 (ii) to purchase an insurance instrument which provides for
24 the payment of all or a specified amount of the
25 decommissioning costs of the nuclear power plant, shall be
26 entitled, in the case of item (i), to maintain such
27 decommissioning trusts for the purpose of receiving such
28 contributions after the consummation of the sale, to
29 implement revisions to its decommissioning rate in accordance
30 with subsection (b) of this Section, and to transfer such
31 decommissioning trusts, or the balance in the trusts, to the
32 buyer of the nuclear power plant in accordance with the
33 agreement of sale, and in the case of item (ii), to implement
SB24 Enrolled -50- LRB9100188JSgc
1 revisions to its decommissioning rate in accordance with
2 subsection (c) of this Section.
3 (b) An electric utility entering into an agreement of
4 sale described in subsection (a)(i) of this Section shall be
5 entitled to file a petition with the Commission for entry of
6 an order authorizing the electric utility (i) to amortize its
7 liability for decommissioning costs pursuant to the agreement
8 of sale over the period of time in which the electric utility
9 is required by such agreement to make additional
10 contributions to the tax-qualified decommissioning trust, the
11 non-tax qualified decommissioning trust, or both, and (ii) to
12 revise its decommissioning rate to a level that will recover,
13 over the time period specified in the agreement of sale, an
14 annual amount equal to the electric utility's annual
15 contributions to the decommissioning trusts which are
16 required by the agreement of sale multiplied by the
17 percentage of the output of the nuclear power plant which the
18 agreement of sale obligates the electric utility to purchase
19 in each such year.
20 (c) An electric utility entering into an agreement of
21 sale described in subsection (a)(ii) shall be entitled to
22 file a petition with the Commission for entry of an order
23 authorizing the electric utility to revise its
24 decommissioning rate to a level that will recover, over 5
25 years, the electric utility's cost of purchasing the
26 insurance instrument multiplied by the percentage of the
27 output of the nuclear power plant which the agreement of sale
28 obligates the electric utility to purchase in each such year.
29 (d) An electric utility's petition pursuant to
30 subsection (b) or subsection (c) shall state the percentage
31 of the output of the nuclear power plant which the agreement
32 of sale obligates the electric utility to purchase from the
33 new owner of the nuclear power plant in each of the years for
34 which the electric utility is seeking to implement a revised
SB24 Enrolled -51- LRB9100188JSgc
1 decommissioning rate. The electric utility's petition shall
2 also state that the electric utility agrees, as conditions of
3 the Commission's order and the implementation of the revised
4 decommissioning rate, (i) to file revisions, pursuant to
5 Section 16-111(f), to its base rate tariffs applicable to
6 retail customers subject to the electric utility's
7 decommissioning rate reducing such tariffs, and (ii) to file
8 revisions to its transition charge tariffs applicable to
9 retail customers subject to the electric utility's
10 decommissioning rate incorporating a credit into the
11 calculation of the electric utility's transition charges in
12 accordance with this subsection. The reduction and the
13 credit shall be in an amount per kilowatt-hour of electricity
14 sold or delivered to retail customers equal to (i) the
15 electric utility's decommissioning rate authorized by the
16 Commission's order in accordance with subsection (b)(ii) or
17 (c), as applicable, less (ii) the product of the electric
18 utility's decommissioning rate in effect immediately prior to
19 the agreement of sale multiplied by the percentage of the
20 output of the nuclear power plant which the agreement of sale
21 obligates the electric utility to purchase from the new owner
22 of the nuclear power plant. The Commission shall issue an
23 order granting the petition within 30 days after the petition
24 is filed. The Commission's order shall state the aggregate
25 total amount which the order is authorizing the electric
26 utility to collect through its decommissioning rate. The
27 Commission's order shall state that the effectiveness of the
28 revisions to the electric utility's decommissioning rate
29 shall be conditioned on the filing by the electric utility of
30 the revisions reducing its base rate tariffs and providing
31 for credits to its transition charge tariffs as specified in
32 this subsection. Upon completion of the collection of the
33 total amount which the Commission's order authorizes the
34 electric utility to collect through its decommissioning rate,
SB24 Enrolled -52- LRB9100188JSgc
1 the electric utility shall not be entitled to collect any
2 further amounts of decommissioning costs for its nuclear
3 power plant through a decommissioning rate. Nothing in this
4 Section shall be construed to permit an increase in the
5 overall tariffed rates and charges paid by the electric
6 utility's customers.
7 (e) In addition to the uses of the proceeds of the sale
8 and issuance of transitional funding instruments authorized
9 by Section 18-103(d)(1), an electric utility which has
10 entered into an agreement to sell a nuclear power plant may
11 use the proceeds from the sale and issuance of transitional
12 funding instruments to make contributions, or to reimburse
13 itself for contributions which the electric utility has made,
14 to decommissioning trusts in accordance with the agreement of
15 sale, in an amount not to exceed 20% of the aggregate
16 principal amount of transitional funding instruments which
17 the electric utility was authorized to cause to have issued
18 pursuant to Section 18-103(d)(6), including for purposes of
19 this calculation the amount of any transitional funding
20 instruments which the electric utility caused to be issued
21 prior to the date of this amendatory Act of 1999. The use of
22 proceeds authorized by this subsection shall not be subject
23 to Section 18-103(d)(1)(B) and shall not be considered in
24 determining if the percentage limitations on the use of
25 proceeds set forth in the proviso following Section
26 18-103(d)(1)(E) have been complied with.
27 (f) None of the authorizations permitted by this Section
28 may be exercised if the sale of the nuclear power plant is
29 disapproved by the Commission.
30 (220 ILCS 5/16-115)
31 Sec. 16-115. Certification of alternative retail electric
32 suppliers.
33 (a) Any alternative retail electric supplier must obtain
SB24 Enrolled -53- LRB9100188JSgc
1 a certificate of service authority from the Commission in
2 accordance with this Section before serving any retail
3 customer or other user located in this State. An alternative
4 retail electric supplier may request, and the Commission may
5 grant, a certificate of service authority for the entire
6 State or for a specified geographic area of the State.
7 (b) An alternative retail electric supplier seeking a
8 certificate of service authority shall file with the
9 Commission a verified application containing information
10 showing that the applicant meets the requirements of this
11 Section. The alternative retail electric supplier shall
12 publish notice of its application in the official State
13 newspaper within 10 days following the date of its filing.
14 No later than 45 days after the application is properly filed
15 with the Commission, and such notice is published, the
16 Commission shall issue its order granting or denying the
17 application.
18 (c) An application for a certificate of service
19 authority shall identify the area or areas in which the
20 applicant intends to offer service and the types of services
21 it intends to offer. Applicants that seek to serve
22 residential or small commercial retail customers within a
23 geographic area that is smaller than an electric utility's
24 service area shall submit evidence demonstrating that the
25 designation of this smaller area does not violate Section
26 16-115A. An applicant that seeks to serve residential or
27 small commercial retail customers may state in its
28 application for certification any limitations that will be
29 imposed on the number of customers or maximum load to be
30 served.
31 (d) The Commission shall grant the application for a
32 certificate of service authority if it makes the findings set
33 forth in this subsection based on the verified application
34 and such other information as the applicant may submit:
SB24 Enrolled -54- LRB9100188JSgc
1 (1) That the applicant possesses sufficient
2 technical, financial and managerial resources and
3 abilities to provide the service for which it seeks a
4 certificate of service authority. In determining the
5 level of technical, financial and managerial resources
6 and abilities which the applicant must demonstrate, the
7 Commission shall consider (i) the characteristics,
8 including the size and financial sophistication, of the
9 customers that the applicant seeks to serve, and (ii)
10 whether the applicant seeks to provide electric power and
11 energy using property, plant and equipment which it owns,
12 controls or operates;
13 (2) That the applicant will comply with all
14 applicable federal, State, regional and industry rules,
15 policies, practices and procedures for the use,
16 operation, and maintenance of the safety, integrity and
17 reliability, of the interconnected electric transmission
18 system;
19 (3) That the applicant will only provide service to
20 retail customers in an electric utility's service area
21 that are eligible to take delivery services under this
22 Act;
23 (4) That the applicant will comply with such
24 informational or reporting requirements as the Commission
25 may by rule establish and provide the information
26 required by Section 16-112. Any data related to
27 contracts for the purchase and sale of electric power and
28 energy shall be made available for review by the Staff of
29 the Commission on a confidential and proprietary basis
30 and only to the extent and for the purposes which the
31 Commission determines are reasonably necessary in order
32 to carry out the purposes of this Act;
33 (5) That if the applicant, its corporate affiliates
34 or the applicant's principal source of electricity (to
SB24 Enrolled -55- LRB9100188JSgc
1 the extent such source is known at the time of the
2 application) owns or controls facilities, for public use,
3 for the transmission or distribution of electricity to
4 end-users within a defined geographic area to which
5 electric power and energy can be physically and
6 economically delivered by the electric utility or
7 utilities in whose service area or areas the proposed
8 service will be offered, the applicant, its corporate
9 affiliates or principal source of electricity, as the
10 case may be, provides delivery services to the electric
11 utility or utilities in whose service area or areas the
12 proposed service will be offered that are reasonably
13 comparable to those offered by the electric utility, and
14 provided further, that the applicant agrees to certify
15 annually to the Commission that it is continuing to
16 provide such delivery services and that it has not
17 knowingly assisted any person or entity to avoid the
18 requirements of this Section. For purposes of this
19 subparagraph, "principal source of electricity" shall
20 mean a single source that supplies at least 65% of the
21 applicant's electric power and energy, and the purchase
22 of transmission and distribution services pursuant to a
23 filed tariff under the jurisdiction of the Federal Energy
24 Regulatory Commission or a state public utility
25 commission shall not constitute control of access to the
26 provider's transmission and distribution facilities;
27 (6) With respect to an applicant that seeks to
28 serve residential or small commercial retail customers,
29 that the area to be served by the applicant and any
30 limitations it proposes on the number of customers or
31 maximum amount of load to be served meet the provisions
32 of Section 16-115A, provided, that the Commission can
33 extend the time for considering such a certificate
34 request by up to 90 days, and can schedule hearings on
SB24 Enrolled -56- LRB9100188JSgc
1 such a request;
2 (7) That the applicant meets the requirements of
3 subsection (a) of Section 16-128; and
4 (8) That the applicant will comply with all other
5 applicable laws and regulations.
6 (e) A retail customer that owns a cogeneration or
7 self-generation facility and that seeks certification only to
8 provide electric power and energy from such facility to
9 retail customers at separate locations which customers are
10 both (i) owned by, or a subsidiary or other corporate
11 affiliate of, such applicant and (ii) eligible for delivery
12 services, shall be granted a certificate of service authority
13 upon filing an application and notifying the Commission that
14 it has entered into an agreement with the relevant electric
15 utilities pursuant to Section 16-118. Provided, however, that
16 if the retail customer owning such cogeneration or
17 self-generation facility would not be charged a transition
18 charge due to the exemption provided under subsection (f) of
19 Section 16-108 prior to the certification, and the retail
20 customers at separate locations are taking delivery services
21 in conjunction with purchasing power and energy from the
22 facility, the retail customer on whose premises the facility
23 is located shall not thereafter be required to pay transition
24 charges on the power and energy that such retail customer
25 takes from the facility.
26 (f) The Commission shall have the authority to
27 promulgate rules and regulations to carry out the provisions
28 of this Section. On or before May 1, 1999, the Commission
29 shall adopt a rule or rules applicable to the certification
30 of those alternative retail electric suppliers that seek to
31 serve only nonresidential retail customers with maximum
32 electrical demands of one megawatt or more which shall
33 provide for (i) expedited and streamlined procedures for
34 certification of such alternative retail electric suppliers
SB24 Enrolled -57- LRB9100188JSgc
1 and (ii) specific criteria which, if met by any such
2 alternative retail electric supplier, shall constitute the
3 demonstration of technical, financial and managerial
4 resources and abilities to provide service required by
5 subsection (d) (1) of this Section, such as a requirement to
6 post a bond or letter of credit, from a responsible surety or
7 financial institution, of sufficient size for the nature and
8 scope of the services to be provided; demonstration of
9 adequate insurance for the scope and nature of the services
10 to be provided; and experience in providing similar services
11 in other jurisdictions.
12 (Source: P.A. 90-561, eff. 12-16-97.)
13 (220 ILCS 5/16-130)
14 Sec. 16-130. Annual Reports. The General Assembly finds
15 that it is necessary to have reliable and accurate
16 information regarding the transition to a competitive
17 electric industry. In addition to the annual report
18 requirements pursuant to Section 5-109 of this Act, each
19 electric utility shall file with the Commission a report on
20 the following topics in accordance with the schedule set
21 forth in subsection (b) of this Section:
22 (1) Data on each customer class of the electric
23 utility in which delivery services have been elected
24 including:
25 (A) number of retail customers in each class
26 that have elected delivery service;
27 (B) kilowatt hours consumed by the customers
28 described in subparagraph (A);
29 (C) revenue loss experienced by the utility as
30 a result of customers electing delivery services or
31 market-based prices as compared to continued service
32 under otherwise applicable tariffed rates;
33 (D) total amount of funds collected from each
SB24 Enrolled -58- LRB9100188JSgc
1 customer class pursuant to the transition charges
2 authorized in Section 16-108;
3 (E) Such other information as the Commission
4 may by rule require.
5 (2) A description of any steps taken by the
6 electric utility to mitigate and reduce its costs,
7 including both a detailed description of steps taken
8 during the preceding calendar year and a summary of steps
9 taken since the effective date of this amendatory Act of
10 1997, and including, to the extent practicable,
11 quantification of the costs mitigated or reduced by
12 specific actions taken by the electric utility.
13 (3) A description of actions taken under Sections
14 5-104, 7-204, 9-220, and 16-111 of this Act. This
15 information shall include but not be limited to:
16 (A) a description of the actions taken;
17 (B) the effective date of the action;
18 (C) the annual savings or additional charges
19 realized by customers from actions taken, by
20 customer class and total for each year;
21 (D) the accumulated impact on customers by
22 customer class and total; and
23 (E) a summary of the method used to quantify
24 the impact on customers.
25 (4) A summary of the electric utility's use of
26 transitional funding instruments, including a description
27 of the electric utility's use of the proceeds of any
28 transitional funding instruments it has issued in
29 accordance with Article XVIII of this Act.
30 (5) Kilowatt-hours consumed in the twelve months
31 ending December 31, 1996 (which kilowatt-hours are hereby
32 referred to as "base year sales") by customer class
33 multiplied by the revenue per kilowatt hour, adjusted to
34 remove charges added to customers' bills pursuant to
SB24 Enrolled -59- LRB9100188JSgc
1 Sections 9-221 and 9-222 of this Act, during the twelve
2 months ending December 31, 1996, adjusted for the
3 reductions required by subsection (b) of Section 16-111
4 and the mitigation factors contained in Section 16-102.
5 This amount shall be stated for: (i) each calendar year
6 preceding the year in which a report is required to be
7 submitted pursuant to subsection (b); and (ii) as a
8 cumulative total of all calendar years beginning with
9 1998 and ending with the calendar year preceding the year
10 in which a report is required to be submitted pursuant to
11 subsection (b).
12 (6) Calculations identical to those required by
13 subparagraph (5) except that base year sales shall be
14 adjusted for growth in the electric utility's service
15 territory, in addition to the other adjustments specified
16 by the first sentence of subparagraph (5).
17 (7) The electric utility's total revenue and net
18 income for each calendar year beginning with 1997 through
19 the calendar year preceding the year in which a report is
20 required to be submitted pursuant to subsection (b) as
21 reported in the electric utility's Form 1 report to the
22 Federal Energy Regulatory Commission.
23 (8) Any consideration in excess of the net book
24 cost as of the effective date of this amendatory Act of
25 1997 received by the electric utility during the year
26 from a sale made subsequent to the effective date of this
27 amendatory Act of 1997 to a non-affiliated third party of
28 any generating plant that was owned by the electric
29 utility on the effective date of this amendatory Act of
30 1997.
31 (9) Any consideration received by the electric
32 utility from sales or transfers during the year to an
33 affiliated interest of generating plant, or other plant
34 that represents an investment of $25,000,000 or more in
SB24 Enrolled -60- LRB9100188JSgc
1 terms of total depreciated original cost, which
2 generating or other plant were owned by the electric
3 utility prior to the effective date of this amendatory
4 Act of 1997.
5 (10) Any consideration received by an affiliated
6 interest of an electric utility from sales or transfers
7 during the year to a non-affiliated third party of
8 generating plant, but only if: (i) the electric utility
9 had previously sold or transferred such plant to the
10 affiliated interest subsequent to the effective date of
11 this amendatory Act of 1997; (ii) the affiliated interest
12 sells or transfers such plant to a non-affiliated third
13 party prior to December 31, 2006; and (iii) the
14 affiliated interest receives consideration for the sale
15 or transfer of such plant to the non-affiliated third
16 party in an amount greater than the cost or price at
17 which such plant was sold or transferred to the
18 affiliated interest by the electric utility.
19 (11) A summary account of those expenditures made
20 for projects, programs, and improvements relating to
21 transmission and distribution including, without
22 limitation, infrastructure expansion, repair and
23 replacement, capital investments, operations and
24 maintenance, and vegetation management, pursuant to a
25 written commitment made under subsection (k) of Section
26 16-111.
27 (b) The information required by subsection (a) shall be
28 filed by each electric utility on or before March 1 of each
29 year 1999 through 2007 or through such additional years as
30 the electric utility is collecting transition charges
31 pursuant to subsection (f) of Section 16-108, for the
32 previous calendar year. The information required by
33 subparagraph (6) of subsection (a) for calendar year 1997
34 shall be submitted by the electric utility on or before March
SB24 Enrolled -61- LRB9100188JSgc
1 1, 1999.
2 (c) On or before May 15 of each year 1999 through 2006
3 or through such additional years as the electric utility is
4 collecting transition charges pursuant to subsection (f) of
5 Section 16-108, the Commission shall submit a report to the
6 General Assembly which summarizes the information provided by
7 each electric utility under this Section; provided, however,
8 that proprietary or confidential information shall not be
9 publicly disclosed.
10 (Source: P.A. 90-561, eff. 12-16-97.)
11 Section 10. The Citizens Utility Board Act is amended by
12 changing Section 5 and adding Section 5.1 as follows:
13 (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
14 Sec. 5. Powers and duties. (1) The corporation shall:
15 (a) Represent and protect the interests of the
16 residential utility consumers of this State. All actions by
17 the corporation under this Act shall be directed toward such
18 duty; provided that the corporation may also give due
19 consideration to the interests of business in the State.
20 (b) Inform, in so far as possible, all utility consumers
21 about the corporation, including the procedure for obtaining
22 membership in the corporation.
23 (2) The corporation shall have all the powers necessary
24 or convenient for the effective representation and protection
25 of the interest of utility consumers and to implement this
26 Act, including the following powers in addition to all other
27 powers granted by this Act.
28 (a) To make, amend and repeal bylaws and rules for the
29 regulation of its affairs and the conduct of its business; to
30 adopt an official seal and alter it at pleasure; to maintain
31 an office; to sue and be sued in its own name, plead and be
32 impleaded; and to make and execute contracts and other
SB24 Enrolled -62- LRB9100188JSgc
1 instruments necessary or convenient to the exercise of the
2 powers of the corporation.
3 (b) To employ such agents, employees and special
4 advisors as it finds necessary and to fix their compensation.
5 (c) To solicit and accept gifts, loans, including loans
6 made by the Illinois Commerce Commission from funds
7 appropriated for that purpose by law, or other aid in order
8 to support activities concerning the interests of utility
9 consumers., Except as provided in Section 5.1, that the
10 corporation may not accept gifts, loans or other aid from any
11 public utility or from any director, employee or agent or
12 member of the immediate family of a director, employee or
13 agent of any public utility and, except that after the first
14 election the corporation, may not accept from any individual,
15 private corporation, association or partnership in any single
16 year a total of more than $1,000 in gifts. Under this
17 paragraph, "aid" does not mean payment of membership dues.
18 (d) To intervene as a party or otherwise participate on
19 behalf of utility consumers in any proceeding which affects
20 the interest of utility consumers.
21 (e) To represent the interests of utility consumers
22 before the Illinois Commerce Commission, the Federal Energy
23 Regulatory Commission, the Federal Communications Commission,
24 the courts, and other public bodies, except that no director,
25 employee or agent of the corporation may engage in lobbying
26 without first complying with any applicable statute,
27 administrative rule or other regulation relating to lobbying.
28 (f) To establish annual dues which shall be set at a
29 level that provides sufficient funding for the corporation to
30 effectively perform its powers and duties, and is affordable
31 for as many utility consumers as is possible.
32 (g) To implement solicitation for corporation funding
33 and membership.
34 (h) To seek tax exempt status under State and federal
SB24 Enrolled -63- LRB9100188JSgc
1 law, including 501(c)(3) status under the United States
2 Internal Revenue Code.
3 (i) To provide information and advice to utility
4 consumers on any matter with respect to utility service,
5 including but not limited to information and advice on
6 benefits and methods of energy conservation.
7 (3) The powers, duties, rights and privileges conferred
8 or imposed upon the corporation by this Act may not be
9 transferred.
10 (4) The corporation shall refrain from interfering with
11 collective bargaining rights of any employees of a public
12 utility.
13 (Source: P.A. 83-945.)
14 (220 ILCS 10/5.1 new)
15 Sec. 5.1. Contributions. Notwithstanding anything to
16 the contrary in Section 5 of this Act, the corporation shall
17 have the authority to solicit and accept contributions made
18 pursuant to Section 16-111.1 of the Public Utilities Act.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.
[ Top ]