Sen. James F. Clayborne Jr.
Filed: 5/18/2009
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1 | AMENDMENT TO HOUSE BILL 4251
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2 | AMENDMENT NO. ______. Amend House Bill 4251 on page 1, | ||||||
3 | below line 14, by inserting the following:
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4 | "Section 10. If and only if Senate Bill 1918 of the 96th | ||||||
5 | General Assembly becomes law, then the Public Utilities Act is | ||||||
6 | amended by adding Section 8-104 as follows:
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7 | (220 ILCS 5/8-104)
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8 | Sec. 8-104. Natural gas energy efficiency programs. | ||||||
9 | (a) It is the policy of the State that natural gas | ||||||
10 | utilities and the Department of Commerce and Economic | ||||||
11 | Opportunity are required to use cost-effective energy | ||||||
12 | efficiency to reduce direct and indirect costs to consumers. It | ||||||
13 | serves the public interest to allow natural gas utilities to | ||||||
14 | recover costs for reasonably and prudently incurred expenses | ||||||
15 | for cost-effective energy efficiency measures. | ||||||
16 | (b) For purposes of this Section, "energy efficiency" means |
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1 | measures that reduce the amount of energy required to achieve a | ||||||
2 | given end use and "cost-effective" means that the measures | ||||||
3 | satisfy the total resource cost test which, for purposes of | ||||||
4 | this Section, means a standard that is met if, for an | ||||||
5 | investment in energy efficiency, the benefit-cost ratio is | ||||||
6 | greater than one. The benefit-cost ratio is the ratio of the | ||||||
7 | net present value of the total benefits of the measures to the | ||||||
8 | net present value of the total costs as calculated over the | ||||||
9 | lifetime of the measures. The total resource cost test compares | ||||||
10 | the sum of avoided natural gas utility costs, representing the | ||||||
11 | benefits that accrue to the system and the participant in the | ||||||
12 | delivery of those efficiency measures, as well as other | ||||||
13 | quantifiable societal benefits, including avoided electric | ||||||
14 | utility costs, to the sum of all incremental costs of end use | ||||||
15 | measures (including both utility and participant | ||||||
16 | contributions), plus costs to administer, deliver, and | ||||||
17 | evaluate each demand-side measure, to quantify the net savings | ||||||
18 | obtained by substituting demand-side measures for supply | ||||||
19 | resources. In calculating avoided costs, reasonable estimates | ||||||
20 | shall be included for financial costs likely to be imposed by | ||||||
21 | future regulation of emissions of greenhouse gases. The | ||||||
22 | low-income programs described in item (4) of subsection (f) of | ||||||
23 | this Section shall not be required to meet the total resource | ||||||
24 | cost test. | ||||||
25 | (c) Natural gas utilities shall implement cost-effective | ||||||
26 | energy efficiency measures to meet at least the following |
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1 | natural gas savings requirements, which shall be based upon the | ||||||
2 | total amount of gas delivered to retail customers, other than | ||||||
3 | the customers described in subsection (m) of this Section, | ||||||
4 | during calendar year 2009 multiplied by the applicable | ||||||
5 | percentage. Natural gas utilities may comply with this Section | ||||||
6 | by meeting the annual incremental savings goal in the | ||||||
7 | applicable year or by showing that total savings associated | ||||||
8 | with measures implemented after May 31, 2011 were equal to the | ||||||
9 | sum of each annual incremental savings requirement from May 31, | ||||||
10 | 2011 through the end of the applicable year: | ||||||
11 | (1) 0.2% by May 31, 2012; | ||||||
12 | (2) an additional 0.4% by May 31, 2013, increasing | ||||||
13 | total savings to .6%; | ||||||
14 | (3) an additional 0.6% by May 31, 2014, increasing | ||||||
15 | total savings to 1.2%; | ||||||
16 | (4) an additional 0.8% by May 31, 2015, increasing | ||||||
17 | total savings to 2.0%; | ||||||
18 | (5) an additional 1% by May 31, 2016, increasing total | ||||||
19 | savings to 3.0%; | ||||||
20 | (6) an additional 1.2% by May 31, 2017, increasing | ||||||
21 | total savings to 4.2%; | ||||||
22 | (7) an additional 1.4% by May 31, 2018, increasing | ||||||
23 | total savings to 5.6%; | ||||||
24 | (8) an additional 1.5% by May 31, 2019, increasing | ||||||
25 | total savings to 7.1%; and | ||||||
26 | (9) an additional 1.5% in each 12 month period |
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1 | thereafter. | ||||||
2 | (d) Notwithstanding the requirements of subsection (c) of | ||||||
3 | this Section, a natural gas utility shall limit the amount of | ||||||
4 | energy efficiency implemented in any 3-year reporting period | ||||||
5 | established by subsection (f) of Section 8-104 of this Act, by | ||||||
6 | an amount necessary to limit the estimated average increase in | ||||||
7 | the amounts paid by retail customers in connection with natural | ||||||
8 | gas service to no more than 2% in the applicable 3-year | ||||||
9 | reporting period. The energy savings requirements in | ||||||
10 | subsection (c) of this Section may be reduced by the Commission | ||||||
11 | for the subject plan, if the utility demonstrates by | ||||||
12 | substantial evidence that it is highly unlikely that the | ||||||
13 | requirements could be achieved without exceeding the | ||||||
14 | applicable spending limits in any 3-year reporting period. No | ||||||
15 | later than September 1, 2013, the Commission shall review the | ||||||
16 | limitation on the amount of energy efficiency measures | ||||||
17 | implemented pursuant to this Section and report to the General | ||||||
18 | Assembly, in the report required by subsection (k) of this | ||||||
19 | Section, its findings as to whether that limitation unduly | ||||||
20 | constrains the procurement of energy efficiency measures. | ||||||
21 | (e) Natural gas utilities shall be responsible for | ||||||
22 | overseeing the design, development, and filing of their | ||||||
23 | efficiency plans with the Commission. The utility shall utilize | ||||||
24 | 75% of the available funding associated with energy efficiency | ||||||
25 | programs approved by the Commission, and may outsource various | ||||||
26 | aspects of program development and implementation. The |
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1 | remaining 25% of available funding shall be used by the | ||||||
2 | Department of Commerce and Economic Opportunity to implement | ||||||
3 | energy efficiency measures that achieve no less than 20% of the | ||||||
4 | requirements of subsection (c) of this section. Such measures | ||||||
5 | shall be designed in conjunction with the utility and approved | ||||||
6 | by the Commission. The Department may outsource development and | ||||||
7 | implementation of energy efficiency measures. A minimum of 10% | ||||||
8 | of the entire portfolio of cost-effective energy efficiency | ||||||
9 | measures shall be procured from local government, municipal | ||||||
10 | corporations, school districts, and community college | ||||||
11 | districts. Five percent of the entire portfolio of | ||||||
12 | cost-effective energy efficiency measures may be granted to | ||||||
13 | local government and municipal corporations for market | ||||||
14 | transformation initiatives. The Department shall coordinate | ||||||
15 | the implementation of these measures and shall integrate | ||||||
16 | delivery of natural gas efficiency programs with electric | ||||||
17 | efficiency programs delivered pursuant to Section 8-103 of this | ||||||
18 | Act, unless the Department can show that integration is not | ||||||
19 | feasible. | ||||||
20 | The apportionment of the dollars to cover the costs to | ||||||
21 | implement the Department's share of the portfolio of energy | ||||||
22 | efficiency measures shall be made to the Department once the | ||||||
23 | Department has executed grants or contracts for energy | ||||||
24 | efficiency measures and provided supporting documentation for | ||||||
25 | those grants and the contracts to the utility. | ||||||
26 | The details of the measures implemented by the Department |
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1 | shall be submitted by the Department to the Commission in | ||||||
2 | connection with the utility's filing regarding the energy | ||||||
3 | efficiency measures that the utility implements. | ||||||
4 | A utility providing approved energy efficiency measures in | ||||||
5 | this State shall be permitted to recover costs of those | ||||||
6 | measures through an automatic adjustment clause tariff filed | ||||||
7 | with and approved by the Commission. The tariff shall be | ||||||
8 | established outside the context of a general rate case and | ||||||
9 | shall be applicable to the utility's customers other than the | ||||||
10 | customers described in subsection (m) of this section. Each | ||||||
11 | year the Commission shall initiate a review to reconcile any | ||||||
12 | amounts collected with the actual costs and to determine the | ||||||
13 | required adjustment to the annual tariff factor to match annual | ||||||
14 | expenditures. | ||||||
15 | Each utility shall include, in its recovery of costs, the | ||||||
16 | costs estimated for both the utility's and the Department's | ||||||
17 | implementation of energy efficiency measures. Costs collected | ||||||
18 | by the utility for measures implemented by the Department shall | ||||||
19 | be submitted to the Department pursuant to Section 605-323 of | ||||||
20 | the Civil Administrative Code of Illinois and shall be used by | ||||||
21 | the Department solely for the purpose of implementing these | ||||||
22 | measures. A utility shall not be required to advance any moneys | ||||||
23 | to the Department but only to forward such funds as it has | ||||||
24 | collected. The Department shall report to the Commission on an | ||||||
25 | annual basis regarding the costs actually incurred by the | ||||||
26 | Department in the implementation of the measures. Any changes |
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1 | to the costs of energy efficiency measures as a result of plan | ||||||
2 | modifications shall be appropriately reflected in amounts | ||||||
3 | recovered by the utility and turned over to the Department. | ||||||
4 | The portfolio of measures, administered by both the | ||||||
5 | utilities and the Department, shall, in combination, be | ||||||
6 | designed to achieve the annual energy savings requirements set | ||||||
7 | forth in subsection (c) of this Section, as modified by | ||||||
8 | subsection (d) of this Section. | ||||||
9 | The utility and the Department shall agree upon a | ||||||
10 | reasonable portfolio of measures and determine the measurable | ||||||
11 | corresponding percentage of the savings goals associated with | ||||||
12 | measures implemented by the Department. | ||||||
13 | No utility shall be assessed a penalty under subsection (f) | ||||||
14 | of this Section for failure to make a timely filing if that | ||||||
15 | failure is the result of a lack of agreement with the | ||||||
16 | Department with respect to the allocation of responsibilities | ||||||
17 | or related costs or target assignments. In that case, the | ||||||
18 | Department and the utility shall file their respective plans | ||||||
19 | with the Commission and the Commission shall determine an | ||||||
20 | appropriate division of measures and programs that meets the | ||||||
21 | requirements of this Section. | ||||||
22 | If the Department is unable to meet performance | ||||||
23 | requirements for the portion of the portfolio implemented by | ||||||
24 | the Department, then the utility and the Department shall | ||||||
25 | jointly submit a modified filing to the Commission explaining | ||||||
26 | the performance shortfall and recommending an appropriate |
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1 | course going forward, including any program modifications that | ||||||
2 | may be appropriate in light of the evaluations conducted under | ||||||
3 | item (8) of subsection (f) of this Section. In this case, the | ||||||
4 | utility obligation to collect the Department's costs and turn | ||||||
5 | over those funds to the Department under this subsection (e) | ||||||
6 | shall continue only if the Commission approves the | ||||||
7 | modifications to the plan proposed by the Department. | ||||||
8 | (f) No later than October 1, 2010, each gas utility shall | ||||||
9 | file an energy efficiency plan with the Commission to meet the | ||||||
10 | energy efficiency standards through May 31, 2014. Every 3 years | ||||||
11 | thereafter, each utility shall file, no later than October 1, | ||||||
12 | an energy efficiency plan with the Commission. If a utility | ||||||
13 | does not file such a plan by October 1 of the applicable year, | ||||||
14 | then it shall face a penalty of $100,000 per day until the plan | ||||||
15 | is filed. Each utility's plan shall set forth the utility's | ||||||
16 | proposals to meet the utility's portion of the energy | ||||||
17 | efficiency standards identified in subsection (c) of this | ||||||
18 | Section, as modified by subsection (d) of this Section, taking | ||||||
19 | into account the unique circumstances of the utility's service | ||||||
20 | territory. The Commission shall seek public comment on the | ||||||
21 | utility's plan and shall issue an order approving or | ||||||
22 | disapproving each plan. If the Commission disapproves a plan, | ||||||
23 | the Commission shall, within 30 days, describe in detail the | ||||||
24 | reasons for the disapproval and describe a path by which the | ||||||
25 | utility may file a revised draft of the plan to address the | ||||||
26 | Commission's concerns satisfactorily. If the utility does not |
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1 | refile with the Commission within 60 days after the | ||||||
2 | disapproval, the utility shall be subject to penalties at a | ||||||
3 | rate of $100,000 per day until the plan is filed. This process | ||||||
4 | shall continue, and penalties shall accrue, until the utility | ||||||
5 | has successfully filed a portfolio of energy efficiency | ||||||
6 | measures. Penalties shall be deposited into the Energy | ||||||
7 | Efficiency Trust Fund and the cost of any such penalties may | ||||||
8 | not be recovered from ratepayers. In submitting proposed energy | ||||||
9 | efficiency plans and funding levels to meet the savings goals | ||||||
10 | adopted by this Act the utility shall: | ||||||
11 | (1) Demonstrate that its proposed energy efficiency | ||||||
12 | measures will achieve the requirements that are identified | ||||||
13 | in subsection (c) of this Section, as modified by | ||||||
14 | subsection (d) of this Section. | ||||||
15 | (2) Present specific proposals to implement new | ||||||
16 | building and appliance standards that have been placed into | ||||||
17 | effect. | ||||||
18 | (3) Present estimates of the total amount paid for gas | ||||||
19 | service expressed on a per therm basis associated with the | ||||||
20 | proposed portfolio of measures designed to meet the | ||||||
21 | requirements that are identified in subsection (c) of this | ||||||
22 | Section, as modified by subsection (d) of this Section. | ||||||
23 | (4) Coordinate with the Department to present a | ||||||
24 | portfolio of energy efficiency measures proportionate to | ||||||
25 | the share of total annual utility revenues in Illinois from | ||||||
26 | households at or below 150% of the poverty level. Such |
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1 | programs shall be targeted to households with incomes at or | ||||||
2 | below 80% of area median income. | ||||||
3 | (5) Demonstrate that its overall portfolio of energy | ||||||
4 | efficiency measures, not including programs covered by | ||||||
5 | item (4) of this subsection (f), are cost-effective using | ||||||
6 | the total resource cost test and represent a diverse cross | ||||||
7 | section of opportunities for customers of all rate classes | ||||||
8 | to participate in the programs. | ||||||
9 | (6) Demonstrate that a gas utility affiliated with an | ||||||
10 | electric utility that is required to comply with Section | ||||||
11 | 8-103 of this Act has integrated gas and electric | ||||||
12 | efficiency measures into a single program that reduces | ||||||
13 | program or participant costs and appropriately allocates | ||||||
14 | costs to gas and electric ratepayers. The Department shall | ||||||
15 | integrate all gas and electric programs it delivers in any | ||||||
16 | such utilities' service territories, unless the Department | ||||||
17 | can show that integration is not feasible or appropriate. | ||||||
18 | (7) Include a proposed cost recovery tariff mechanism | ||||||
19 | to fund the proposed energy efficiency measures and to | ||||||
20 | ensure the recovery of the prudently and reasonably | ||||||
21 | incurred costs of Commission approved programs. | ||||||
22 | (8) Provide for quarterly status reports tracking | ||||||
23 | implementation of and expenditures for the utility's | ||||||
24 | portfolio of measures and the Department's portfolio of | ||||||
25 | measures, an annual independent review, and a full | ||||||
26 | independent evaluation of the 3-year results of the |
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1 | performance and the cost-effectiveness of the utility's | ||||||
2 | and Department's portfolios of measures and broader net | ||||||
3 | program impacts and, to the extent practical, for | ||||||
4 | adjustment of the measures on a going forward basis as a | ||||||
5 | result of the evaluations. The resources dedicated to | ||||||
6 | evaluation shall not exceed 3% of portfolio resources in | ||||||
7 | any given 3-year period. | ||||||
8 | (g) No more than 3% of expenditures on energy efficiency | ||||||
9 | measures may be allocated for demonstration of breakthrough | ||||||
10 | equipment and devices. | ||||||
11 | (h) Illinois natural gas utilities that are affiliated by | ||||||
12 | virtue of a common parent company may, at the utilities' | ||||||
13 | request, be considered a single natural gas utility for | ||||||
14 | purposes of complying with this Section. | ||||||
15 | (i) If, after 3 years, a gas utility fails to meet the | ||||||
16 | efficiency standard specified in subsection (c) of this Section | ||||||
17 | as modified by subsection (d), then it shall make a | ||||||
18 | contribution to the Low-Income Home Energy Assistance Program. | ||||||
19 | The total liability for failure to meet the goal shall be | ||||||
20 | assessed as follows: | ||||||
21 | (1) a large gas utility shall pay $600,000; | ||||||
22 | (2) a medium gas utility shall pay $400,000; and | ||||||
23 | (3) a small gas utility shall pay $200,000. | ||||||
24 | For purposes of this Section, (i) a "large gas utility" is | ||||||
25 | a gas utility that on December 31, 2008, served more than | ||||||
26 | 1,500,000 gas customers in Illinois; (ii) a "medium gas |
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1 | utility" is a gas utility that on December 31, 2008, served | ||||||
2 | fewer than 1,500,000, but more than 500,000 gas customers in | ||||||
3 | Illinois; and (iii) a "small gas utility" is a gas utility that | ||||||
4 | on December 31, 2008, served fewer than 500,000 and more than | ||||||
5 | 100,000 gas customers in Illinois. The costs of this | ||||||
6 | contribution may not be recovered from ratepayers. | ||||||
7 | If a gas utility fails to meet the efficiency standard | ||||||
8 | specified in subsection (c) of this Section, as modified by | ||||||
9 | subsection (d) of this Section, in any 2 consecutive 3-year | ||||||
10 | planning periods, then the responsibility for implementing the | ||||||
11 | utility's energy efficiency measures shall be transferred to an | ||||||
12 | independent program administrator selected by the Commission. | ||||||
13 | Reasonable and prudent costs incurred by the independent | ||||||
14 | program administrator to meet the efficiency standard | ||||||
15 | specified in subsection (c) of this Section, as modified by | ||||||
16 | subsection (d) of this Section, may be recovered from the | ||||||
17 | customers of the affected gas utilities, other than customers | ||||||
18 | described in subsection (m) of this Section. The utility shall | ||||||
19 | provide the independent program administrator with all | ||||||
20 | information and assistance necessary to perform the program | ||||||
21 | administrator's duties including but not limited to customer, | ||||||
22 | account, and energy usage data, and shall allow the program | ||||||
23 | administrator to include inserts in customer bills. The utility | ||||||
24 | may recover reasonable costs associated with any such | ||||||
25 | assistance. | ||||||
26 | (j) No utility shall be deemed to have failed to meet the |
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1 | energy efficiency standards to the extent any such failure is | ||||||
2 | due to a failure of the Department. | ||||||
3 | (k) Not later than January 1, 2012, the Commission shall | ||||||
4 | develop and solicit public comment on a plan to foster | ||||||
5 | statewide coordination and consistency between | ||||||
6 | statutorily-mandated natural gas and electric energy | ||||||
7 | efficiency programs to reduce program or participant costs or | ||||||
8 | to improve program performance. Not later than September 1, | ||||||
9 | 2013, the Commission shall issue a report to the General | ||||||
10 | Assembly containing its findings and recommendations. | ||||||
11 | (l) This Section does not apply to a gas utility that on | ||||||
12 | January 1, 2009, provided gas service to fewer than 100,000 | ||||||
13 | customers in Illinois ; nor does it apply to gas delivered to or | ||||||
14 | used by electric generating units located in Illinois, | ||||||
15 | including those units owned by a common parent company . | ||||||
16 | (m) Subsections (a) through (k) of this Section do not | ||||||
17 | apply to customers of a natural gas utility that have a North | ||||||
18 | American Industry Classification System Classification code | ||||||
19 | number beginning with the digits 31, 32, or 33 and (i) annual | ||||||
20 | usage in the aggregate of 4 million therms or more within the | ||||||
21 | service territory of the affected gas utility or with aggregate | ||||||
22 | usage of 8 million therms or more in this State and complying | ||||||
23 | with the provisions of item (l) of this subsection (m); or (ii) | ||||||
24 | using natural gas as feedstock and meeting the usage | ||||||
25 | requirements described in item (i) of this subsection (m), to | ||||||
26 | the extent such annual feedstock usage is greater that 60% of |
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1 | the customer's total annual usage of natural gas. | ||||||
2 | (1) Customers described in this subsection (m) of this | ||||||
3 | Section shall apply, on a form approved on or before | ||||||
4 | October 1, 2009 by the Department, to the Department to be | ||||||
5 | designated as a self-directing customer ("SDC") or as an | ||||||
6 | exempt customer using natural gas as a feedstock from which | ||||||
7 | other products are made, including, but not limited to, | ||||||
8 | feedstock for a hydrogen plant, on or before the 1st day of | ||||||
9 | February, 2010. Thereafter, application may be made not | ||||||
10 | less than 6 months before the filing date of the gas | ||||||
11 | utility energy efficiency plan described in subsection (f) | ||||||
12 | of this Section; however, a new customer that commences | ||||||
13 | taking service from a natural gas utility after February 1, | ||||||
14 | 2010 may apply to become a SDC or exempt customer up to 30 | ||||||
15 | days after beginning service. Such application shall | ||||||
16 | contain the following: | ||||||
17 | (A) the customer's certification that, at the time | ||||||
18 | of its application, it qualifies to be a SDC or exempt | ||||||
19 | customer described in this subsection (m) of this | ||||||
20 | Section; | ||||||
21 | (B) in the case of a SDC, the customer's | ||||||
22 | certification that it has established or will | ||||||
23 | establish by the beginning of the utility's 3-year | ||||||
24 | planning period commencing subsequent to the | ||||||
25 | application, and will maintain for accounting | ||||||
26 | purposes, an energy efficiency reserve account and |
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1 | that the customer will accrue funds in said account to | ||||||
2 | be held for the purpose of funding, in whole or in | ||||||
3 | part, energy efficiency measures of the customer's | ||||||
4 | choosing, which may include, but are not limited to, | ||||||
5 | projects involving combined heat and power systems | ||||||
6 | that use the same energy source both for the generation | ||||||
7 | of electrical or mechanical power and the production of | ||||||
8 | steam or another form of useful thermal energy or the | ||||||
9 | use of combustible gas produced from biomass, or both; | ||||||
10 | (C) in the case of a SDC, the customer's | ||||||
11 | certification that annual funding levels for the | ||||||
12 | energy efficiency reserve account will be equal to 2% | ||||||
13 | of the customer's cost of natural gas, composed of the | ||||||
14 | customer's commodity cost and the delivery service | ||||||
15 | charges paid to the gas utility, or $150,000, whichever | ||||||
16 | is less; | ||||||
17 | (D) in the case of a SDC, the customer's | ||||||
18 | certification that the required reserve account | ||||||
19 | balance will be capped at 3 years worth of accruals and | ||||||
20 | that the customer may, at its option, make further | ||||||
21 | deposits to the account to the extent such deposit | ||||||
22 | would increase the reserve account balance above the | ||||||
23 | designated cap level; | ||||||
24 | (E) in the case of a SDC, the customer's | ||||||
25 | certification that by October 1 of each year, beginning | ||||||
26 | no sooner than October 1, 2012, the customer will |
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1 | report to the Department information, for the 12-month | ||||||
2 | period ending May 31 of the same year, on all deposits | ||||||
3 | and reductions, if any, to the reserve account during | ||||||
4 | the reporting year, and to the extent deposits to the | ||||||
5 | reserve account in any year are in an amount less than | ||||||
6 | $150,000, the basis for such reduced deposits; reserve | ||||||
7 | account balances by month; a description of energy | ||||||
8 | efficiency measures undertaken by the customer and | ||||||
9 | paid for in whole or in part with funds from the | ||||||
10 | reserve account; an estimate of the energy saved, or to | ||||||
11 | be saved, by the measure; and that the report shall | ||||||
12 | include a verification by an officer or plant manager | ||||||
13 | of the customer or by a registered professional | ||||||
14 | engineer or certified energy efficiency trade | ||||||
15 | professional that the funds withdrawn from the reserve | ||||||
16 | account were used for the energy efficiency measures; | ||||||
17 | (F) in the case of an exempt customer, the | ||||||
18 | customer's certification of the level of gas usage as | ||||||
19 | feedstock in the customer's operation in a typical year | ||||||
20 | and that it will provide information establishing this | ||||||
21 | level, upon request of the Department; | ||||||
22 | (G) in the case of either an exempt customer or a | ||||||
23 | SDC, the customer's certification that it has provided | ||||||
24 | the gas utility or utilities serving the customer with | ||||||
25 | a copy of the application as filed with the Department; | ||||||
26 | (H) in the case of either an exempt customer or a |
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1 | SDC, certification of the natural gas utility or | ||||||
2 | utilities serving the customer in Illinois including | ||||||
3 | the natural gas utility accounts that are the subject | ||||||
4 | of the application; and | ||||||
5 | (I) in the case of either an exempt customer or a | ||||||
6 | SDC, a verification signed by a plant manager or an | ||||||
7 | authorized corporate officer attesting to the | ||||||
8 | truthfulness and accuracy of the information contained | ||||||
9 | in the application. | ||||||
10 | (2) The Department shall review the application to | ||||||
11 | determine that it contains the information described in | ||||||
12 | provisions (A) through (I) of item (1) of this subsection | ||||||
13 | (m), as applicable. The review shall be completed within 30 | ||||||
14 | days after the date the application is filed with the | ||||||
15 | Department. Absent a determination by the Department | ||||||
16 | within the 30-day period, the applicant shall be considered | ||||||
17 | to be a SDC or exempt customer, as applicable, for all | ||||||
18 | subsequent 3-year planning periods, as of the date of | ||||||
19 | filing the application described in this subsection (m). If | ||||||
20 | the Department determines that the application does not | ||||||
21 | contain the applicable information described in provisions | ||||||
22 | (A) through (I) of item (1) of this subsection (m), it | ||||||
23 | shall notify the customer, in writing, of its determination | ||||||
24 | that the application does not contain the required | ||||||
25 | information and identify the information that is missing, | ||||||
26 | and the customer shall provide the missing information |
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1 | within 15 working days after the date of receipt of the | ||||||
2 | Department's notification. | ||||||
3 | (3) The Department shall have the right to audit the | ||||||
4 | information provided in the customer's application and | ||||||
5 | annual reports to ensure continued compliance with the | ||||||
6 | requirements of this subsection. Based on the audit, if the | ||||||
7 | Department determines the customer is no longer in | ||||||
8 | compliance with the requirements of items (A) through (I) | ||||||
9 | of item (1) of this subsection (m), as applicable, the | ||||||
10 | Department shall notify the customer in writing of the | ||||||
11 | noncompliance. The Customer shall have 30 days to establish | ||||||
12 | its compliance, and failing to do so, may have its status | ||||||
13 | as a SDC or exempt customer revoked by the Department. The | ||||||
14 | Department shall treat all information provided by any | ||||||
15 | customer seeking SDC status or exemption from the | ||||||
16 | provisions of this Section as strictly confidential. | ||||||
17 | (4) Upon request, or on its own motion, the Commission | ||||||
18 | may open an investigation, no more than once every 3 years | ||||||
19 | and not before October 1, 2014, to evaluate the | ||||||
20 | effectiveness of the self-directing program described in | ||||||
21 | this subsection (m). | ||||||
22 | (n) The applicability of this Section to customers | ||||||
23 | described in subsection (m) of this Section is conditioned on | ||||||
24 | the existence of the SDC program. In no event will any | ||||||
25 | provision of this Section apply to such customers after January | ||||||
26 | 1, 2020.
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1 | (Source: 96SB1981eng with ham02.)"; and
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2 | on page 1, in line 16, by replacing "law." with "law; except | ||||||
3 | that Section 10 of this Act takes effect upon becoming law or | ||||||
4 | on the effective date of Senate Bill 1918 of the 96th General | ||||||
5 | Assembly, whichever occurs later.".
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