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| Public Act 093-1052 |
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AN ACT concerning public utilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by adding | ||||
Section 7-210 as follows: | ||||
(220 ILCS 5/7-210 new)
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Sec. 7-210. Commission oversight of nonpublic, unregulated | ||||
sales
at retail of natural gas by public utilities.
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(a) This Section shall apply to any gas utility that served | ||||
more than 60,000 gas customers but less than 75,000 gas | ||||
customers in this State on January 1, 2000 and that provides | ||||
competitive electric power and energy to electric delivery | ||||
service customers through a business division of its electric | ||||
utility pursuant to Section 16-116. For the purposes of this | ||||
Section, terms shall have the same
meaning as defined in | ||||
Section 7-108, Article XVI, and Article XIX. | ||||
(b) After the effective date of this amendatory Act of the | ||||
93rd General Assembly, unregulated sales
of natural gas by a | ||||
gas utility within or outside its service area
shall be subject | ||||
to the provisions of this Section. This Section
shall not be | ||||
interpreted to invalidate any contract for unregulated
sales of | ||||
natural gas executed by a gas utility prior to the
effective | ||||
date of this amendatory Act of the 93rd General Assembly, but | ||||
unregulated sales of natural
gas pursuant to such contract | ||||
after the effective date of this
amendatory Act of the 93rd | ||||
General Assembly shall be subject to the provisions of this | ||||
Section. | ||||
(c) A gas utility offering unregulated sales of natural gas | ||||
to an
end-use customer within or outside its service area shall | ||||
be
subject to Sections 7-102(g), 7-205, 7-206, and 9-230 with | ||||
respect to such sales. | ||||
(d) Notwithstanding any language of Article XIX to the | ||||
contrary,
a gas utility offering unregulated sales of natural | ||
gas to a
residential customer or a small commercial customer | ||
within or
outside its service area shall be subject to Sections | ||
19-110(e)(2),
19-110(e)(3), 19-110(e)(5), 19-115, and 19-120. | ||
(e) A gas utility offering unregulated sales of natural gas | ||
to an
end-use customer within or outside its service area shall | ||
not
subsidize such sales through the utility's regulated | ||
business. Costs and revenues from the gas utility's unregulated | ||
sales of gas to an end-use customer within or outside its | ||
service area shall not be included in the calculation of the | ||
utility's regulated gas rates and charges. | ||
(f) A gas utility offering unregulated sales of natural gas | ||
to an
end-use customer within or outside its service area shall | ||
not
discriminate in the provision of regulated gas service | ||
based upon
the existence or terms of an unregulated sale of | ||
natural gas. | ||
(g) The Commission shall require a gas utility to file | ||
reports regarding its unregulated sales of natural gas in the | ||
State. The reports shall be treated as confidential documents. | ||
To the extent the Commission determines it to be necessary and | ||
in
the public interest, the Commission may order an audit of a | ||
gas utility regarding its unregulated sales of natural gas in | ||
the State. | ||
(h) The Commission shall have the authority to require the | ||
gas utility to file its contracts for unregulated sales of | ||
natural gas in the State. The contracts shall be treated as | ||
confidential documents. | ||
(i) Within 120 days after the effective date of this | ||
amendatory Act of the 93rd General Assembly, the Commission | ||
shall adopt provisions requiring functional separation between | ||
a gas utility's unregulated retail sales of natural gas in the | ||
State and its regulated retail gas services in the State. In | ||
establishing or considering the functional separations | ||
provisions, the Commission shall take into account the effects | ||
on the cost and reliability of service and the obligation of | ||
the gas utility under the Act. The Commission shall adopt | ||
separations provisions that are a cost effective means to | ||
ensure compliance with this Section. The provisions adopted by | ||
the Commission shall permit a gas utility to offer unregulated | ||
retail sales of natural gas in the State through the same | ||
business division of the utility that offers competitive | ||
electric power and energy to electric delivery service | ||
customers. Until provisions are adopted by the Commission, the | ||
gas utility shall comply with the functional separations rules | ||
for electric utilities adopted pursuant to Section 16-119A, to | ||
the extent determined applicable by the Commission through | ||
emergency rules established within 60 days of the passage of | ||
this Act. | ||
(j) A gas utility shall not release or assign gas storage | ||
capacity procured for its regulated Illinois retail customers | ||
to its business division offering unregulated retail sales of | ||
natural gas or allow such storage capacity to be managed by | ||
that business division.
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(k) Except as approved by the Commission, a gas utility | ||
shall not use gas commodity or interstate pipeline services for | ||
unregulated retail sales of natural gas in the State if such | ||
commodity or service was procured for its regulated Illinois | ||
retail customers.
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(l) In addition to any other remedy provided in the Act, | ||
the Commission may order a gas utility to cease offering | ||
unregulated retail sales of natural gas in the State if it | ||
finds, after notice and hearing, that the gas utility willfully | ||
violated this Section.
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(m) This Section shall not be applicable to unregulated | ||
sales of natural gas by an affiliate of a gas utility. Nothing | ||
herein shall be construed as impacting the applicability of | ||
other Sections of the Act to the unregulated sale of natural | ||
gas by an affiliate.
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