Public Act 097-0497
 
HB3038 EnrolledLRB097 09324 ASK 49459 b


  
    AN ACT concerning public utilities.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Public Utilities Act is amended  by changing 
Section 16-103 as follows:
 



    (220 ILCS 5/16-103)



    Sec. 16-103. Service obligations of electric utilities. 

    (a) An electric utility shall continue offering to
retail 
customers each tariffed service that it offered as a
distinct 
and identifiable service on the effective date of
this 
amendatory Act of 1997 until the  service is (i) declared

competitive pursuant to Section 16-113, or (ii) abandoned

pursuant to Section 8-508. Nothing in this subsection shall be

construed as limiting an electric utility's right to propose,

or the Commission's power to approve, allow or order

modifications in the rates, terms and conditions for such

services pursuant to Article IX or Section 16-111 of this Act.

    (b) An electric utility shall also offer, as tariffed

services, delivery services in accordance with this Article,

the power purchase options described in Section 16-110 and

real-time pricing as provided in Section 16-107.

    (c) Notwithstanding any other provision of this Article,

each electric utility shall continue offering to all

residential customers and to all small commercial retail

customers in its service area, as a tariffed service, bundled 
electric power
and
energy delivered to the customer's premises 
consistent with
the bundled utility service provided by the 
electric utility
on the effective date of this amendatory Act 
of 1997. Upon
declaration of the provision of electric power 
and energy as
competitive, the electric utility shall continue 
to offer to
such customers, as a tariffed service, bundled 
service options
at rates which reflect recovery of all cost 
components for
providing the service. For those components of 
the service
which have been declared competitive, cost shall be 
the market
based prices. Market based prices as referred to 
herein shall
mean, for electric power and energy, either (i) 
those prices
for electric power and energy determined as 
provided in
Section 16-112, or (ii) the electric utility's cost 
of
obtaining the electric power and energy at wholesale through 
a
competitive bidding or other arms-length acquisition 
process.

    (d) Any residential or small commercial retail customer

which elects delivery services is entitled to return to the

electric utility's bundled utility tariffed service offering

provided in accordance with subsection (c) of this Section
upon 
payment of a reasonable administrative fee which shall be
set 
forth in the tariff. If the residential or small commercial 
customer has not elected delivery services within 2 billing 
cycles after returning to the electric utility's bundled 
utility tariffed service offering, then the electric utility 
shall be entitled to impose the condition that such customer 
may not elect delivery services for up to 12 months after the 
date on which the customer returned to bundled utility tariffed 
service, provided, however, that the customer shall not be 
permitted to return to the same alternative retail electric 
supplier within 2 billing cycles after the customer returned to 
bundled utility tariffed service other than in situations where 
the return was in error, inadvertent, or the result of any 
other unintended operational  consequence , provided, however, 
that the electric
utility shall be entitled to impose the 
condition that such
customer may not elect delivery services 
for up to 24 months
thereafter.

    (e) The Commission shall not require an electric utility
to 
offer any tariffed service other than the services required
by 
this Section, and shall not require an electric utility to

offer any competitive service.

(Source: P.A. 90-561, eff. 12-16-97.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.