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1 | AN ACT concerning utilities.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Section 16-117 as follows:
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6 | (220 ILCS 5/16-117)
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7 | Sec. 16-117. Commission consumer education program.
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8 | (a) The restructuring of the electricity industry will
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9 | create a new electricity market with new marketers and sellers
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10 | offering new goods and services, many of which the average
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11 | consumer will not be able to readily evaluate. It is the
intent | ||||||
12 | of the General Assembly that (i) electricity consumers
be | ||||||
13 | provided with sufficient and reliable information so that
they | ||||||
14 | are able to compare and make informed selections of
products | ||||||
15 | and services provided in the electricity market; and
(ii) | ||||||
16 | mechanisms be provided to enable consumers to protect
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17 | themselves from marketing practices that are unfair or
abusive.
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18 | (b) The Commission shall implement and maintain a
consumer | ||||||
19 | education program to provide residential and small
commercial | ||||||
20 | retail customers with information to help them
understand their | ||||||
21 | service options in a competitive electric
services market, and | ||||||
22 | their rights and responsibilities.
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23 | (c) The Commission shall form a working group following
the |
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1 | enactment of this amendatory Act of 1997. This group shall
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2 | consist of 5 representatives of the investor-owned electric
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3 | utilities in this State, 2 of which shall be appointed by
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4 | electric utilities serving over 1,000,000 retail customers
in | ||||||
5 | this State; 2 representatives of alternative retail
electric | ||||||
6 | suppliers; 3 representatives of organizations
representing the | ||||||
7 | interests of residential and small commercial
retail | ||||||
8 | customers; and the Commission.
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9 | (d) By March 1, 1999, with respect to educational materials | ||||||
10 | for
small commercial customers and by November 1, 2001 with | ||||||
11 | respect to educational
materials for residential customers, | ||||||
12 | the working group appointed pursuant
to this Section shall | ||||||
13 | develop a package of printed educational
materials which meet | ||||||
14 | the requirements of subsection (e) and
shall submit such | ||||||
15 | package to the Commission for approval,
along with | ||||||
16 | recommendations for implementing this consumer
education | ||||||
17 | program. Such materials shall consider the needs of
different | ||||||
18 | types of consumers in this State, such as elderly,
low-income, | ||||||
19 | multilingual, minority, rural and disabled
customers. The | ||||||
20 | working group shall issue recommendations to
the Commission on | ||||||
21 | how such education program can be
implemented through a variety | ||||||
22 | of communication methods,
including specifically mass media, | ||||||
23 | distribution of printed
material, public service | ||||||
24 | announcements, and posting on the
Internet.
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25 | Not more than 90 days after the effective date of this | ||||||
26 | amendatory Act of the 96th General Assembly, the Commission |
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1 | shall direct the Office of Retail Market Development to review | ||||||
2 | the existing consumer education materials for residential and | ||||||
3 | small commercial customers and consider whether updates to | ||||||
4 | those materials are necessary. The Office of Retail Market | ||||||
5 | Development shall seek input from all interested persons to | ||||||
6 | further its review of the consumer education materials and | ||||||
7 | possible proposed changes. Within 4 months after the start of | ||||||
8 | the review, the Office of Retail Market Development shall | ||||||
9 | submit recommendations to the Commission for approval. If the | ||||||
10 | Commission approves to prepare, print, and distribute | ||||||
11 | additional consumer education materials, then a request shall | ||||||
12 | be made subject to appropriations as described in subsection | ||||||
13 | (j) of this Section. | ||||||
14 | (e) At a minimum, the materials constituting the
consumer | ||||||
15 | education program submitted to the Commission by the
working | ||||||
16 | group shall include concise explanations or
descriptions of the | ||||||
17 | following:
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18 | (1) the structure of the electric utility industry
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19 | following this amendatory Act of 1997 and a glossary of
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20 | basic terms;
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21 | (2) the choices available to consumers to take
electric | ||||||
22 | service from an alternative retail electric
supplier or | ||||||
23 | remain as a retail customer of an electric
utility;
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24 | (3) a customer's rights, risks and responsibilities
in | ||||||
25 | receiving service from an alternative retail electric
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26 | supplier or remaining as a retail customer of an electric
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1 | utility;
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2 | (4) the legal obligations of alternative retail
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3 | electric suppliers;
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4 | (5) those services that may be offered on a
competitive | ||||||
5 | basis in a deregulated electric services
market, including | ||||||
6 | services that could be packaged with
the delivery of | ||||||
7 | electric power and energy;
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8 | (6) services that an electric utility is required to
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9 | provide pursuant to tariffed rates;
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10 | (7) the components of a bill that could be received
by | ||||||
11 | a customer taking delivery services;
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12 | (8) the complaint procedures set forth in Section
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13 | 10-108 of this Act by which consumers may seek a redress
of | ||||||
14 | grievances against an electric utility or an
alternative | ||||||
15 | retail electric supplier and a list of phone
numbers of the | ||||||
16 | Commission, the Attorney General or other
entities that can | ||||||
17 | provide information and assistance to
customers; and
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18 | (9) additional information available from the
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19 | Commission upon request.
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20 | (f) Within 45 days following the submission required of
the | ||||||
21 | working group by subsection (d) of this Section, the
Commission | ||||||
22 | shall approve or disapprove the educational
materials and | ||||||
23 | recommendations for program implementation. The
Commission | ||||||
24 | shall be deemed to have approved the educational
program | ||||||
25 | materials and recommendations unless the Commission
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26 | disapproves of any such material or recommendation within 45
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1 | days following the date of receipt.
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2 | (g) Once approved by the Commission, materials
comprising | ||||||
3 | the consumer education program contemplated by this
Section | ||||||
4 | shall be distributed as follows:
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5 | (1) Electric utilities shall mail printed
educational | ||||||
6 | materials specified by the working group and
approved by | ||||||
7 | the Commission (a) to all residential and
small commercial | ||||||
8 | retail customers within a reasonable
period prior to the | ||||||
9 | date that such customers become
eligible to purchase power | ||||||
10 | from alternative retail
electric suppliers, such | ||||||
11 | "reasonable period" to be
determined by the Commission; and | ||||||
12 | (b) once the applicable
customer class becomes eligible to | ||||||
13 | receive delivery
services, to all new residential and small | ||||||
14 | commercial
retail customers at the time that such customers | ||||||
15 | begin
taking services from the electric utility.
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16 | (2) Alternative retail electric suppliers shall
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17 | include such materials with all initial mailings to
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18 | potential residential and small commercial retail
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19 | customers but in all circumstances prior to the time by
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20 | which an alternative retail electric supplier executes
any | ||||||
21 | agreements or contracts with such customers for the
supply | ||||||
22 | of electric services.
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23 | (3) Both electric utilities and alternative retail
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24 | electric suppliers shall provide such materials at no
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25 | charge to residential and small commercial retail
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26 | customers upon request.
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1 | (4) The Commission shall make available upon request
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2 | and at no charge, and shall make available to the public
on | ||||||
3 | the Internet through the State of Illinois World Wide
Web | ||||||
4 | Site:
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5 | (A) all printed educational materials developed
by | ||||||
6 | the working group and approved by the Commission;
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7 | (B) a list of all certified alternative retail
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8 | electric suppliers serving residential and small
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9 | commercial retail customers within the service
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10 | territory of each electric utility;
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11 | (C) a list of alternative retail electric
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12 | suppliers serving residential or small commercial
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13 | retail customers which have been found in the last
3 | ||||||
14 | years by the Commission pursuant to Section
10-108 to | ||||||
15 | have failed to provide service in
accordance with the | ||||||
16 | terms of their contracts with
such retail customers; | ||||||
17 | and
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18 | (D) guidelines to assist customers in
determining | ||||||
19 | which energy supplier is most
appropriate for each | ||||||
20 | customer.
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21 | (h) The Commission may also adopt a uniform disclosure
form | ||||||
22 | which alternative retail electric suppliers would be
required | ||||||
23 | to complete enabling consumers to compare prices,
terms and | ||||||
24 | conditions offered by such suppliers.
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25 | (i) The Commission shall make available to the public
staff | ||||||
26 | with the ability and knowledge to respond to consumer
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1 | inquiries.
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2 | (j) The costs of printing educational materials approved
by | ||||||
3 | the Commission pursuant to this Section shall be payable
solely | ||||||
4 | from funding as provided in this subsection.
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5 | Each year the General Assembly shall appropriate money to
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6 | the Commission from the Public Utility Fund General Revenue | ||||||
7 | Fund for the expenses
of the Commission associated with this | ||||||
8 | Section. The cost of
the consumer education program | ||||||
9 | contemplated by this Section
shall not exceed the amount of | ||||||
10 | such appropriation. In no event
shall any electric utility, | ||||||
11 | alternative retail electric
supplier or customer be liable for | ||||||
12 | the costs of printing
consumer education program material in | ||||||
13 | accordance with this
Section. The obligations associated with | ||||||
14 | this consumer
education program shall not exceed the amounts | ||||||
15 | appropriated
for this program pursuant to this Section.
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16 | (k) The Commission shall study the effectiveness of the
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17 | consumer education program. Such study shall include a notice
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18 | and an opportunity for participation and comment by all
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19 | interested and potentially affected parties. Such study shall
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20 | be completed by January 31st of each year during the mandatory
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21 | transition period and a summary thereof, together with any
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22 | legislative recommendations, shall be included in the
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23 | Commission's Annual Report due in accordance with Section
4-304 | ||||||
24 | of this Act.
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25 | (Source: P.A. 90-561, eff. 12-16-97.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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