SB1445 EnrolledLRB099 10199 AMC 30424 b

1    AN ACT concerning utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 16-103 as follows:
 
6    (220 ILCS 5/16-103)
7    Sec. 16-103. Service obligations of electric utilities.
8    (a) An electric utility shall continue offering to retail
9customers each tariffed service that it offered as a distinct
10and identifiable service on the effective date of this
11amendatory Act of 1997 until the service is (i) declared
12competitive pursuant to Section 16-113, or (ii) abandoned
13pursuant to Section 8-508. Nothing in this subsection shall be
14construed as limiting an electric utility's right to propose,
15or the Commission's power to approve, allow or order
16modifications in the rates, terms and conditions for such
17services pursuant to Article IX or Section 16-111 of this Act.
18    (b) An electric utility shall also offer, as tariffed
19services, delivery services in accordance with this Article,
20the power purchase options described in Section 16-110 and
21real-time pricing as provided in Section 16-107.
22    (c) Notwithstanding any other provision of this Article,
23each electric utility shall continue offering to all

 

 

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1residential customers and to all small commercial retail
2customers in its service area, as a tariffed service, bundled
3electric power and energy delivered to the customer's premises
4consistent with the bundled utility service provided by the
5electric utility on the effective date of this amendatory Act
6of 1997. Upon declaration of the provision of electric power
7and energy as competitive, the electric utility shall continue
8to offer to such customers, as a tariffed service, bundled
9service options at rates which reflect recovery of all cost
10components for providing the service. For those components of
11the service which have been declared competitive, cost shall be
12the market based prices. Market based prices as referred to
13herein shall mean, for electric power and energy, either (i)
14those prices for electric power and energy determined as
15provided in Section 16-112, or (ii) the electric utility's cost
16of obtaining the electric power and energy at wholesale through
17a competitive bidding or other arms-length acquisition
18process.
19    (d) Any residential or small commercial retail customer
20which elects delivery services is entitled to return to the
21electric utility's bundled utility tariffed service offering
22provided in accordance with subsection (c) of this Section upon
23payment of a reasonable administrative fee which shall be set
24forth in the tariff. Notwithstanding any other obligation of an
25electric utility in this Section: (1) if If the residential or
26small commercial customer has not elected delivery services

 

 

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1within 2 billing cycles after returning to the electric
2utility's bundled utility tariffed service offering, then the
3electric utility shall be entitled, but not required, to impose
4the condition that such customer may not elect delivery
5services for up to 12 months after the date on which the
6customer returned to bundled utility tariffed service and (2)
7the electric utility shall be entitled, but not required, to
8impose the condition that a customer who has left delivery
9service for the electric utility's bundled service , provided,
10however, that the customer shall not be permitted to return to
11the same alternative retail electric supplier within up to 2
12billing cycles after the customer returned to bundled utility
13tariffed service other than in situations, including, but not
14limited to, where the return was in error, inadvertent, or the
15result of any other unintended operational consequence.
16    (e) The Commission shall not require an electric utility to
17offer any tariffed service other than the services required by
18this Section, and shall not require an electric utility to
19offer any competitive service.
20(Source: P.A. 97-497, eff. 8-22-11.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.