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Rep. Gregory Harris
Filed: 5/22/2018
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1 | | AMENDMENT TO SENATE BILL 1531
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Public Utilities Act is amended by changing |
5 | | Sections 8-101.5, 8-201, 8-202, 8-205, 8-206, 8-207, 8-209, |
6 | | 16-115A, 16-118, 19-115, 19-130, 19-135, and 20-110 and by |
7 | | adding Sections 8-201.7, 8-202.5, 8-202.6, 8-207.5, 16-115E, |
8 | | and 19-116 as follows: |
9 | | (220 ILCS 5/8-101.5) |
10 | | Sec. 8-101.5. Use of credit information of prospective and |
11 | | existing customers. A public utility may not deny, cancel, or |
12 | | nonrenew utility service solely on
the basis of credit |
13 | | information of prospective or existing customers. If a public |
14 | | utility denies, cancels, or does not renew service based on |
15 | | credit information, it must provide the affected party with an |
16 | | explanation for the public utility's action and an opportunity |
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1 | | for the affected party to explain its credit information. This |
2 | | Section does not apply to a telecommunications carrier or any |
3 | | of its affiliates.
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4 | | (Source: P.A. 96-560, eff. 8-18-09.)
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5 | | (220 ILCS 5/8-201) (from Ch. 111 2/3, par. 8-201)
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6 | | Sec. 8-201. Policy. |
7 | | (a) It is the policy of this State that no person should be
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8 | | denied essential utility service during the winter months due |
9 | | to financial
inability to pay. It is also the policy of this |
10 | | State that public
utilities and prospective and existing |
11 | | residential heating customers deal with each other in good
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12 | | faith and in a fair manner.
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13 | | (b) It is further the policy of this State that public |
14 | | utilities shall treat low-income prospective or existing |
15 | | customers in good faith and in a fair manner to protect their |
16 | | access to essential utility service, to set deferred payment |
17 | | arrangements for past due amounts that are affordable, and to |
18 | | maximize the opportunity to use essential utility service |
19 | | without interruption or disconnection. |
20 | | (Source: P.A. 84-617.)
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21 | | (220 ILCS 5/8-201.7 new) |
22 | | Sec. 8-201.7. Low-income customer. |
23 | | (a) As used in this Act and the rules adopted to implement |
24 | | this Act, "low-income customer" means a prospective or existing |
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1 | | customer who: |
2 | | (1) has received grant assistance for medical services |
3 | | within the last 12 months; or |
4 | | (2) participates in or receives benefits pursuant to |
5 | | one or more of the following programs: |
6 | | (A) Special Supplemental Nutrition Program for |
7 | | Women, Infants, and Children; |
8 | | (B) Supplemental Nutrition Assistance Program; |
9 | | (C) Low Income Home Energy Assistance Program; |
10 | | (D) Percentage of Income Payment Plan; |
11 | | (E) federal Temporary Assistance for Needy |
12 | | Families; |
13 | | (F) Rental Housing Support Program; |
14 | | (G) Housing Choice Voucher Program under Section 8 |
15 | | of the United States Housing Act of 1937; |
16 | | (H) Supplemental Security Income; |
17 | | (I) Medicaid; |
18 | | (J) federal Lifeline program; |
19 | | (K) Dependency and Indemnity Compensation for a |
20 | | surviving spouse or parents of a veteran; or |
21 | | (L) unemployment insurance. |
22 | | (b) Beginning 60 days after the effective date of this |
23 | | amendatory Act of the 100th General Assembly, public utilities |
24 | | shall treat a prospective or existing residential customer that |
25 | | participates in the programs identified in subsection (a) as a |
26 | | low-income customer for purposes of this Act. All rules |
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1 | | implemented under this Act shall use the definition of |
2 | | low-income customer contained in this Section and include |
3 | | additional criteria only if the additional criteria expand a |
4 | | customer's eligibility for treatment as a low-income customer. |
5 | | (c) To the extent that a public utility cannot obtain |
6 | | electronic verification of a prospective or existing |
7 | | customer's participation in the programs identified in |
8 | | subsection (a) or of low-income status from State or federal |
9 | | agencies, a public utility shall accept, in either paper or |
10 | | electronic format, any of the following documentation as proof |
11 | | that a customer participates in or receives benefits pursuant |
12 | | to one or more of the qualifying programs: |
13 | | (1) a current or prior year's statement of benefits |
14 | | from a qualifying program or a notice or letter of |
15 | | participation in a qualifying program; |
16 | | (2) program participation documents, or other official |
17 | | documents, demonstrating that the customer or the |
18 | | customer's dependents receive benefits from a qualifying |
19 | | program; |
20 | | (3) a Social Security statement of benefits; |
21 | | (4) a federal Veterans Affairs statement of benefits; |
22 | | (5) an unemployment insurance statement of benefits; |
23 | | or |
24 | | (6) a federal or tribal notice letter of participation |
25 | | in general assistance from the federal Temporary |
26 | | Assistance for Needy Families. |
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1 | | (d) A public utility may communicate and coordinate with |
2 | | the Department of Human Services, with federal benefits |
3 | | agencies, and with qualified community-based organizations |
4 | | (such as community action agencies, public housing |
5 | | authorities, or community development corporations) to verify |
6 | | that a prospective or existing customer is a low-income |
7 | | customer and may utilize electronic and information technology |
8 | | to verify that a prospective or existing customer is a |
9 | | low-income customer in lieu of documentation provided by the |
10 | | customer. |
11 | | (e) The prospective or existing customer has the burden of |
12 | | providing the documentation identified in subsection (c) to the |
13 | | public utility to establish that he or she is a low-income |
14 | | customer and shall provide the documentation identified in |
15 | | subsection (c) within 10 business days after the initiation of |
16 | | negotiations between the customer and the public utility to |
17 | | enter into a deferred payment arrangement. The public utility |
18 | | shall pay the cost of obtaining the documentation identified in |
19 | | subsection (c) from the prospective or existing customer and |
20 | | shall accept the forms of documentation identified in |
21 | | subsection (c) as conclusive proof that the prospective or |
22 | | existing customer qualifies as a low-income customer. |
23 | | (f) No utility shall be obligated to conduct an independent |
24 | | authentication of the documentation provided by the |
25 | | prospective or existing customer pursuant to subsection (c). No |
26 | | utility shall be held liable if the documentation provided by |
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1 | | the prospective or existing customer is determined to be |
2 | | inauthentic or fraudulent.
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3 | | (220 ILCS 5/8-202) (from Ch. 111 2/3, par. 8-202)
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4 | | Sec. 8-202.
Any public utility, or two or more public |
5 | | utilities, which
furnishes electricity or gas for space heating |
6 | | shall in every case in which service may be terminated or cut |
7 | | off due to nonpayment and to any residential customer who is a |
8 | | participant in the Low Income Home Energy Assistance Program or |
9 | | a program provided under the Energy Assistance Act: , during the |
10 | | calendar
months of November, December, January, February, and |
11 | | March:
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12 | | (a) give written notice of its intention to terminate or |
13 | | cut off such
service or supply for any reason, other than by |
14 | | request of the customer,
to the customer. Such notice shall be |
15 | | sent by U.S. Mail at least 8 days
prior to termination of |
16 | | service or supply or delivered by other means to
the customer 5 |
17 | | days prior to such termination; beginning 60 days after the |
18 | | effective date of this amendatory Act of the 100th General |
19 | | Assembly, such notice shall include a prominent notice, |
20 | | substantially in the same form provided in Section 8-202.6, |
21 | | stating that customers may be entitled to accommodations as |
22 | | required by law to preserve service, including the availability |
23 | | of deferred payment arrangements and the option to be treated |
24 | | as a low-income customer pursuant to Section 8-201.7; and
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25 | | (b) deliver written notice of intention to terminate or cut |
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1 | | off such service
or supply for any reason, other than by |
2 | | request of the customer, to the
Director of the local |
3 | | department of public health or, if there is no local
department |
4 | | of public health, then to the township supervisor or, if there
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5 | | is no township supervisor, then to the county sheriff where the |
6 | | premises
receiving such service or supply is located; and
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7 | | (c) send, by certified mail, prior written notice of its |
8 | | intention to
terminate or cut off such service or supply for |
9 | | any reason, other than by
request of the customer, to the owner |
10 | | of record and/or the mortgagee of
the premises receiving such |
11 | | service or supply, should the owner of record
or mortgagee make |
12 | | request to the public utility for any such notice.
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13 | | The notice required by paragraphs (b) and (c) of this |
14 | | Section shall be
delivered or mailed at least 24 hours and not |
15 | | more than 48 hours prior to
the termination of service or |
16 | | supply.
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17 | | Any termination notice delivered or mailed to a customer |
18 | | shall include a
statement advising said customer that the |
19 | | township supervisor, local department
of public health, or |
20 | | county sheriff, and the owner and/or the mortgagee,
if |
21 | | applicable, will be notified of the termination action at least |
22 | | 24 hours
prior to the termination of service or supply.
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23 | | Nothing in this Act shall be construed to limit the power |
24 | | of the Commission
to adopt other rules and regulations pursuant |
25 | | to service termination notices consistent with the Act .
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26 | | No public official to whom notice is given pursuant to |
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1 | | subparagraph (b)
of this Section shall be liable for death, |
2 | | injury or damages resulting from
cut-off of electricity or gas |
3 | | service or supply.
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4 | | (Source: P.A. 84-617.)
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5 | | (220 ILCS 5/8-202.5 new) |
6 | | Sec. 8-202.5. Deferred payment arrangements. |
7 | | (a) If a prospective or existing customer of a public |
8 | | utility has past due billing, the public utility shall provide |
9 | | the customer a prominent notice, substantially in the same form |
10 | | provided in Section 8-202.6, stating that the customer may be |
11 | | entitled to accommodation as required by law to pay the amounts |
12 | | past due and to preserve utility service, including the |
13 | | availability of deferred payment arrangements and the option to |
14 | | be treated as a low-income customer pursuant to Section |
15 | | 8-201.7. Notice shall be sent by U.S. Mail. In addition to the |
16 | | written notice, if a prospective or existing customer contacts |
17 | | the utility about a past due bill or inability to pay, the |
18 | | utility shall notify the customer of the option to qualify as a |
19 | | low-income customer pursuant to Section 8-201.7. |
20 | | (b) The utility shall offer a deferred payment arrangement |
21 | | in accordance with this Section to any prospective or existing |
22 | | residential customer who has a past due amount for utility |
23 | | service to retire the debt. Every deferred payment arrangement |
24 | | shall be determined by both the utility and the customer |
25 | | receiving residential utility service and shall be designed to |
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1 | | reflect each particular customer's specific financial |
2 | | circumstances. The utility has an affirmative obligation to |
3 | | take into account the customer's ability to successfully |
4 | | complete the deferred payment arrangement, which shall be based |
5 | | on the customer's ability to make payments on the past due |
6 | | balance while paying current bills. The customer shall have the |
7 | | option, when negotiating a deferred payment arrangement, to |
8 | | include the current month's bill in the total amount to be paid |
9 | | over the term of the deferred payment arrangement. The utility |
10 | | shall not resume collection activity, including disconnection, |
11 | | while the customer and the utility are negotiating a deferred |
12 | | payment arrangement or during the time the customer is |
13 | | obtaining documentation that he or she qualifies as a |
14 | | low-income customer. |
15 | | (c)(1) The utility shall offer to a prospective or existing |
16 | | customer who qualifies as a low-income customer pursuant to |
17 | | Section 8-201.7 a deferred payment arrangement that includes |
18 | | the following minimum terms: |
19 | | (A) no down payment; |
20 | | (B) the option to enter into a levelized payment plan |
21 | | for the payment of future bills; and |
22 | | (C) no less than 6 billing cycles and up to 36 billing |
23 | | cycles to pay the past due balance; however, the low-income |
24 | | customer may voluntarily agree to a shorter term and the |
25 | | utility may voluntarily agree to a longer term. |
26 | | (2) If the prospective or existing customer does not |
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1 | | qualify as a low-income customer, the utility shall offer to |
2 | | the customer a deferred payment arrangement that includes the |
3 | | following minimum terms: |
4 | | (A) a down payment that is no more than the lesser of |
5 | | $100 or 10% of the total outstanding bill, unless the |
6 | | customer voluntarily agrees to pay a larger down payment or |
7 | | the utility decreases the down payment amount; |
8 | | (B) the option to enter into a levelized payment plan |
9 | | for the payment of future bills; and |
10 | | (C) no less than 6 billing cycles and up to 24 billing |
11 | | cycles to pay the past due balance; however, the customer |
12 | | may voluntarily agree to a shorter term and the utility may |
13 | | voluntarily agree to a longer term. |
14 | | (3) If a residential customer's household income and the |
15 | | amount past due will not allow the customer to successfully |
16 | | complete a deferred payment plan of any length, the utility |
17 | | shall provide the customer with the names, addresses, and |
18 | | telephone numbers of governmental and private agencies that may |
19 | | provide assistance to customers of public utilities in paying |
20 | | their utility bills. The utility shall obtain the approval of |
21 | | an agency before placing the name of that agency on a list that |
22 | | will be used to provide the information to customers. |
23 | | (d) The public utility shall not require a deposit or |
24 | | charge a fee for entering into, renegotiating, or reinstating a |
25 | | deferred payment arrangement or charge any interest or late |
26 | | payment charge on deferred payment plan balances or payments. |
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1 | | (e) No later than 10 business days after the utility and |
2 | | the customer have reached a mutually-agreeable deferred |
3 | | payment arrangement, the utility shall provide a written |
4 | | statement to the customer that includes the terms of the |
5 | | deferred payment arrangement, including: (1) the date the |
6 | | payment is due; (2) the amount of the down payment, if any; (3) |
7 | | the amount of the monthly installment; (4) the length of the |
8 | | deferred payment arrangement, in months; and (5) the date the |
9 | | final payment is due. |
10 | | (f) A deferred payment arrangement is considered in default |
11 | | when a customer fails to pay the full amount of the installment |
12 | | and the current bill by the fifth day after the bill payment |
13 | | due date. Upon a default, the utility shall offer to |
14 | | renegotiate the deferred payment arrangement, taking into |
15 | | consideration the same factors identified in this Section and |
16 | | shall not resume collection activity, including disconnection, |
17 | | for a period of 30 days while the customer and the utility are |
18 | | renegotiating a revised deferred payment arrangement. A |
19 | | low-income customer who has failed to complete a previous |
20 | | deferred payment arrangement shall be entitled to enter into a |
21 | | new or renegotiated deferred payment arrangement without |
22 | | producing documentation of low-income status if the |
23 | | renegotiated deferred payment arrangement is entered into |
24 | | within 30 days after default. |
25 | | (g) A customer whose financial circumstances change during |
26 | | the course of a deferred payment agreement shall be allowed to |
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1 | | renegotiate the installment amounts and length of the deferred |
2 | | payment arrangement with the utility in accordance with this |
3 | | Section to ensure the successful completion of the deferred |
4 | | payment arrangement. |
5 | | (h) Each public utility shall develop written procedures |
6 | | for evaluating the financial need of a customer or applicant, |
7 | | for ensuring the confidential handling of such information, for |
8 | | arriving at fair and reasonable payment terms, and for training |
9 | | its personnel, and these procedures shall be filed with the |
10 | | Office of the Attorney General and with the Commission. |
11 | | (i) No public utility shall require a deposit from an |
12 | | existing residential customer to obtain or continue service or |
13 | | as a condition of a deferred payment arrangement. |
14 | | (j) As used in this Section, "existing residential |
15 | | customer" means a residential customer who requests connection |
16 | | to utility service within 45 days after disconnection at the |
17 | | same location. |
18 | | (k) The provisions of this Section are operative beginning |
19 | | 60 days after the effective date of this amendatory Act of the |
20 | | 100th General Assembly. |
21 | | (220 ILCS 5/8-202.6 new) |
22 | | Sec. 8-202.6. Required notice to residential customers. |
23 | | (a) Beginning 60 days after the effective date of this |
24 | | amendatory Act of the 100th General Assembly, every public |
25 | | utility shall include the notice specified in subsection (b) at |
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1 | | least once every year to every residential customer and shall |
2 | | include the notice specified in subsection (b) in every |
3 | | residential bill with an amount past due and in every notice of |
4 | | disconnection and provide the notice to every residential |
5 | | customer who is a participant in the Low Income Home Energy |
6 | | Assistance Program or a program provided under the Energy |
7 | | Assistance Act. The Commission shall ensure that its rules and |
8 | | all notices required in its rules reflect the provisions of |
9 | | this amendatory Act of the 100th General Assembly. The notice |
10 | | specified in subsection (b) is in addition to other customer |
11 | | notices required by the Commission. |
12 | | (b) The notice required in subsection (a) shall be |
13 | | substantially in the following form, in at least 12-point font: |
14 | | "IF YOU CANNOT PAY YOUR ENTIRE BILL NOW OR ARE FACING |
15 | | DISCONNECTION, SEE IMPORTANT PROTECTIONS BELOW: |
16 | | All residential customers are eligible for certain |
17 | | protections to maintain their utility service. If you have |
18 | | amounts past due or are in danger of disconnection, your |
19 | | utility must offer you a "deferred payment arrangement." |
20 | | The utility cannot discontinue your service unless it has |
21 | | offered you a deferred payment arrangement that is designed |
22 | | to reflect your specific financial circumstances. |
23 | | If you participate in or receive benefits from one of |
24 | | the programs listed below, you may be eligible for |
25 | | financial assistance and are eligible for a deferred |
26 | | payment arrangement with no down payment, no less than 6 |
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1 | | months and up to 36 months to pay off the past due balance, |
2 | | and the option to enter into a levelized payment plan |
3 | | (budget billing) for the payment of future bills. |
4 | | If you do not qualify as a low-income customer, the |
5 | | utility shall not require you to make a down payment of |
6 | | more than the lesser of $100 or 10% of the total |
7 | | outstanding bill and shall offer you no less than 6 months |
8 | | and up to 24 months to pay off the past due balance unless |
9 | | you voluntarily agree to pay a larger down payment or agree |
10 | | to a shorter term. You may also enter into a levelized |
11 | | payment plan (budget billing) for the payment of future |
12 | | bills. |
13 | | You qualify as a low-income customer if you: |
14 | | (1) have received grant assistance for medical |
15 | | services within the last 12 months; or |
16 | | (2) participate in or receive benefits pursuant to one |
17 | | or more of the following programs: |
18 | | (A) Special Supplemental Nutrition Program for |
19 | | Women, Infants, and Children (WIC); |
20 | | (B) Supplemental Nutrition Assistance Program |
21 | | (SNAP); |
22 | | (C) Low Income Home Energy Assistance Program |
23 | | (LIHEAP); |
24 | | (D) Percentage of Income Payment Plan (PIPP); |
25 | | (E) federal Temporary Assistance for Needy |
26 | | Families (TANF); |
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1 | | (F) Rental Housing Support Program; |
2 | | (G) Housing Choice Voucher Program under Section 8 |
3 | | of the United States Housing Act of 1937 (Section 8); |
4 | | (H) Supplemental Security Income (SSI); |
5 | | (I) Medicaid; |
6 | | (J) federal Lifeline program; |
7 | | (K) Dependency and Indemnity Compensation for a |
8 | | surviving spouse or parents of a veteran (DIC); or |
9 | | (L) unemployment insurance (unemployment). |
10 | | Be prepared to provide the utility with documentation |
11 | | of program eligibility, such as the current or prior year's |
12 | | statement of benefits from a qualifying assistance |
13 | | program, a notice or letter of participation in a |
14 | | qualifying assistance program, program participation |
15 | | documents, or another official document demonstrating that |
16 | | you or one or more of your dependents receive benefits from |
17 | | a qualifying assistance program.".
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18 | | (220 ILCS 5/8-205) (from Ch. 111 2/3, par. 8-205)
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19 | | Sec. 8-205. (a) Termination of gas and electric utility |
20 | | service to all
residential users, including all tenants of |
21 | | mastermetered apartment
buildings, for nonpayment of bills, |
22 | | where gas or electricity is used as the
only source of space |
23 | | heating or to control or operate the only space
heating |
24 | | equipment at the residence is prohibited,
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25 | | (1) on any day when the National Weather Service |
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1 | | forecast for the following
24 hours covering the area of |
2 | | the utility in which the residence is located
includes a |
3 | | forecast that the temperature will be 32 degrees Fahrenheit |
4 | | or below; or
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5 | | (2) on any day preceding a holiday or a weekend when |
6 | | such a forecast
indicated that the temperature will be 32 |
7 | | degrees Fahrenheit or below
during the holiday or weekend. |
8 | | (b) If gas or electricity is used as the only source of |
9 | | space cooling or to control or operate the only space cooling |
10 | | equipment at a residence, then a utility with over 100,000 |
11 | | residential customers may not terminate gas or electric utility |
12 | | service to the residential user, including all tenants of |
13 | | mastermetered apartment buildings: |
14 | | (1) on any day when the National Weather Service |
15 | | forecast for the following 24 hours covering the area of |
16 | | the utility in which the residence is located includes a |
17 | | forecast that the temperature will be 85 95 degrees |
18 | | Fahrenheit or above; or |
19 | | (2) on any day preceding a holiday or weekend when a |
20 | | forecast indicates that the temperature will be 85 95 |
21 | | degrees Fahrenheit or above during the holiday or weekend.
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22 | | (Source: P.A. 95-772, eff. 8-1-08.)
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23 | | (220 ILCS 5/8-206) (from Ch. 111 2/3, par. 8-206)
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24 | | Sec. 8-206. Winter termination for nonpayment.
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25 | | (a) Notwithstanding any other provision of this Act, no
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1 | | electric or gas public utility shall disconnect service to any |
2 | | residential
customer or mastermetered apartment building for |
3 | | nonpayment of a bill or
deposit where gas or electricity is |
4 | | used as the primary source of space
heating or is used to |
5 | | control or operate the primary source of space heating
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6 | | equipment at the premises during the period of time from |
7 | | December 1 through
and including March 31 of the immediately |
8 | | succeeding calendar year, unless:
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9 | | (1) The utility (i) has offered the customer a deferred |
10 | | payment arrangement
allowing for payment of past due |
11 | | amounts in accordance with Section 8-202.5 over a period of |
12 | | not less than
4 months not to extend beyond the following |
13 | | November and the option to enter
into a levelized payment |
14 | | plan for the payment of future bills . The maximum
down |
15 | | payment requirements shall not exceed 10% of the amount |
16 | | past due and
owing at the time of entering into the |
17 | | agreement ; and (ii) has provided
the customer with the |
18 | | names, addresses and telephone numbers of governmental
and |
19 | | private agencies which may provide assistance to customers |
20 | | of public
utilities in paying their utility bills; the |
21 | | utility shall obtain the approval
of an agency before |
22 | | placing the name of that agency on any list which will
be |
23 | | used to provide such information to customers;
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24 | | (2) The customer has refused or failed to enter into a |
25 | | deferred payment
arrangement as described in Section |
26 | | 8-202.5 paragraph (1) of this subsection (a) ; and
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1 | | (3) All notice requirements as provided by law and |
2 | | rules or regulations
of the Commission have been met , |
3 | | including, but not limited to, delivery of a prominent |
4 | | notice substantially in the same form provided in Section |
5 | | 8-202.6 .
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6 | | (b) Prior to termination of service for any residential |
7 | | customer or
mastermetered apartment building during the period |
8 | | from December 1 through
and including March 31 of the |
9 | | immediately succeeding calendar year, all
electric and gas |
10 | | public utilities shall, in addition to all other notices:
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11 | | (1) Notify the customer or an adult residing at the |
12 | | customer's premises by
telephone, a personal visit to the |
13 | | customer's premises or by first class
mail, informing the |
14 | | customer that:
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15 | | (i) the customer's account is in arrears and the |
16 | | customer's service is
subject to termination for |
17 | | nonpayment of a bill;
|
18 | | (ii) the customer can avoid disconnection of |
19 | | service by entering into
a deferred payment agreement |
20 | | to pay past due amounts as provided in Section 8-202.5 |
21 | | over a period not to
extend beyond the following |
22 | | November and the customer has the option to
enter into |
23 | | a levelized payment plan for the payment of future |
24 | | bills;
|
25 | | (iii) the customer may apply for any available |
26 | | assistance to aid in the
payment of utility bills from |
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1 | | any governmental or private agencies from
the list of |
2 | | such agencies provided to the customer by the utility ; |
3 | | and .
|
4 | | (iv) provide a prominent notice substantially in |
5 | | the same form provided in Section 8-202.6. |
6 | | Provided, however, that a public utility shall be |
7 | | required to make only
one such contact with the customer |
8 | | during any such period from December
1 through and |
9 | | including March 31 of the immediately succeeding calendar |
10 | | year.
|
11 | | (2) Each public utility shall maintain records which |
12 | | shall include, but
not necessarily be limited to, the |
13 | | manner by which the customer was notified
and the time, |
14 | | date and manner by which any prior but unsuccessful |
15 | | attempts
to contact were made. These records shall also |
16 | | describe the terms of the
deferred payment arrangements |
17 | | offered to the customer and those entered
into by the |
18 | | utility and customers. These records shall indicate the |
19 | | total
amount past due, the down payment, the amount |
20 | | remaining to be paid and the
number of months allowed to |
21 | | pay the outstanding balance. No public utility
shall be |
22 | | required to retain records pertaining to unsuccessful |
23 | | attempts to
contact or deferred payment arrangements |
24 | | rejected by the customer after such
customer has entered |
25 | | into a deferred payment arrangement with such utility.
|
26 | | (c) No public utility shall disconnect service for |
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1 | | nonpayment of a bill
until the lapse of 10 6 business days |
2 | | after making the notification required by
paragraph (1) of |
3 | | subsection (b) so as to allow the customer an opportunity to:
|
4 | | (1) Enter into a deferred payment arrangement in |
5 | | accordance with Section 8-202.5 and the option to enter
|
6 | | into a levelized payment plan for the payment of future |
7 | | bills.
|
8 | | (2) Contact a governmental or private agency that may |
9 | | provide assistance
to customers for the payment of public |
10 | | utility bills.
|
11 | | (3) Demonstrate that he or she is a low-income |
12 | | customer. |
13 | | (d) Any residential customer who enters into a deferred |
14 | | payment arrangement
pursuant to this Act, and subsequently |
15 | | during that period of time set forth
in subsection (a) becomes |
16 | | subject to termination, shall be given notice
as required by |
17 | | law and any rule or regulation of the Commission prior to
|
18 | | termination of service. A residential customer shall also be |
19 | | offered the opportunity to renegotiate a deferred payment |
20 | | arrangement in accordance with Section 8-202.5 to avoid |
21 | | termination of service for a period of 30 days after the |
22 | | residential customer's failure to comply with the deferred |
23 | | payment arrangement. A residential customer may be subject to |
24 | | disconnection after the third failure within 12 months to |
25 | | comply with a deferred payment arrangement.
|
26 | | (e) (Blank). During that time period set forth in |
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1 | | subsection (a), a utility shall
not require a down payment for |
2 | | a deposit from a residential customer in
excess of 20% of the |
3 | | total deposit requested. An additional 4 months shall
be |
4 | | allowed to pay the remainder of the deposit. This provision |
5 | | shall not
apply to mastermetered apartment buildings or other |
6 | | nonresidential customers.
|
7 | | (f) (Blank). During that period of time set forth in |
8 | | subsection (a), no utility
may refuse to offer a deferred |
9 | | payment agreement to a residential customer
who has defaulted |
10 | | on such an agreement within the past 12 months. However,
no |
11 | | utility shall be required to enter into more than one deferred |
12 | | payment
arrangement under this Section with any residential |
13 | | customer or
mastermetered apartment building during the period |
14 | | from December 1 through
and including March 31 of the |
15 | | immediately succeeding calendar year.
|
16 | | (g) In order to enable customers to take advantage of |
17 | | energy assistance
programs, customers who can demonstrate that |
18 | | their applications for a local,
state or federal energy |
19 | | assistance program have been approved may request
that the |
20 | | amount they will be entitled to receive as a regular energy |
21 | | assistance
payment be deducted and set aside from the amount |
22 | | past due on which they
make deferred payment arrangements. |
23 | | Payment on the set-aside amount shall
be credited when the |
24 | | energy assistance voucher or check is received, according
to |
25 | | the utility's common business practice.
|
26 | | (h) In no event shall any utility send a final notice to |
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1 | | any customer
who has entered into a current deferred payment |
2 | | agreement and has not defaulted
on that deferred payment |
3 | | agreement , unless the final notice pertains to
a deposit |
4 | | request .
|
5 | | (i) Each utility shall include with each disconnection |
6 | | notice sent during
the period for December 1 through and |
7 | | including March 31 of the immediately
succeeding calendar year |
8 | | to a residential customer an insert explaining the
above |
9 | | provisions and providing a telephone number of the utility |
10 | | company
which the consumer may call to receive further |
11 | | information and include a prominent notice substantially in the |
12 | | same form provided in Section 8-202.6 .
|
13 | | (j) Each utility shall file with the Commission prior to |
14 | | December 1 of
each year a plan detailing the implementation of |
15 | | this Section. This plan
shall contain, but not be limited to:
|
16 | | (1) a description of the methods to be used to notify |
17 | | residential customers
as required in this Section, |
18 | | including the forms of written and oral notices
which shall |
19 | | be required to include all the information contained in |
20 | | subsection
(b) of this Section.
|
21 | | (2) a listing of the names, addresses and telephone |
22 | | numbers of governmental
and private agencies which may |
23 | | provide assistance to residential customers
in paying |
24 | | their utility bills.
|
25 | | (3) the program of employee education and information |
26 | | which shall be used
by the company in the implementation of |
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1 | | this Section.
|
2 | | (4) a description of methods to be utilized to inform |
3 | | residential customers
of those governmental and private |
4 | | agencies and current and planned methods
of cooperation |
5 | | with those agencies to identify the customers who qualify
|
6 | | for assistance in paying their utility bills.
|
7 | | A utility which has a plan on file with the Commission need |
8 | | not resubmit
a new plan each year. However, any alteration of |
9 | | the plan on file must
be submitted and approved prior to |
10 | | December 1 of any year.
|
11 | | All plans are subject to review and approval by the |
12 | | Commission. The
Commission may direct a utility to alter its |
13 | | plan to comply with the
requirements of this Section.
|
14 | | (k) Notwithstanding any other provision of this Act, no
|
15 | | electric or gas public utility shall disconnect service to any |
16 | | residential
customer who is a participant in the Low Income |
17 | | Home Energy Assistance Program, a program provided under |
18 | | Section 6 of the Energy
Assistance Act or is a low-income |
19 | | customer for nonpayment of a bill or
deposit where gas or |
20 | | electricity is used as the primary source of space
heating or |
21 | | is used to control or operate the primary source of space |
22 | | heating
equipment at the premises during the period of time |
23 | | from December 1 through
and including March 31 of the |
24 | | immediately succeeding calendar year.
|
25 | | (l) Notwithstanding any other provision of this Act, no
|
26 | | electric or gas public utility shall disconnect service to any |
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1 | | residential customer who has notified the utility that he or |
2 | | she is a service member or veteran for nonpayment of a bill or |
3 | | deposit where gas or electricity is used as the primary source |
4 | | of space heating or is used to control or operate the primary |
5 | | source of space heating equipment at the premises during the |
6 | | period of time from December 1 through and
including March 31 |
7 | | of the immediately succeeding calendar year. |
8 | | (Source: P.A. 97-77, eff. 1-1-12.)
|
9 | | (220 ILCS 5/8-207) (from Ch. 111 2/3, par. 8-207)
|
10 | | Sec. 8-207. Former residential customer. |
11 | | (a) Any former residential customer whose gas or electric
|
12 | | service was used to provide or control the primary source of |
13 | | space heating
in the dwelling and whose service is disconnected |
14 | | for nonpayment of a bill or
a deposit from December 1 of the |
15 | | prior winter's heating season through April
1 of the current |
16 | | heating season shall be eligible for reconnection and a
|
17 | | deferred payment arrangement under the provisions of this |
18 | | Section 8-202.5. , subject
to the following limitations:
|
19 | | A utility shall not be required to reconnect service to, |
20 | | and enter
into a deferred payment arrangement with, a former |
21 | | customer under the
provisions of this Section (1) except |
22 | | between November 1 and April 1 of the
current heating season |
23 | | for former customers who do not have applications
pending for |
24 | | the program described in Section 6 of the Energy Assistance |
25 | | Act, and except between October 1 and April 1 of the current |
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1 | | heating
season for all former customers who do have |
2 | | applications pending for the
program described in Section 6 of |
3 | | the Energy Assistance Act and who
provide proof of application |
4 | | to the utility, (2) in 2 consecutive years,
(3) unless that |
5 | | former customer has paid at least 33 1/3% of the amount
billed |
6 | | for utility service rendered by that utility subsequent to |
7 | | December
1 of the prior year, or (4) in any instance where the |
8 | | utility can show
there has been tampering with the utility's |
9 | | wires, pipes, meters (including
locking devices), or other |
10 | | service equipment and further shows that the
former customer |
11 | | enjoyed the benefit of utility service obtained in the
|
12 | | aforesaid manner.
|
13 | | The terms and conditions of any deferred payment |
14 | | arrangements established
by the utility and a former customer |
15 | | shall take into consideration the
following factors, based upon |
16 | | information available from current utility
records or provided |
17 | | by the former customer:
|
18 | | (1) the amount past due;
|
19 | | (2) the former customer's ability to pay;
|
20 | | (3) the former customer's payment history;
|
21 | | (4) the reasons for the accumulation of the past due |
22 | | amounts; and
|
23 | | (5) any other relevant factors relating to the former |
24 | | customer's
circumstances.
|
25 | | After the former customer's eligibility has been |
26 | | established in accordance
with the first paragraph of this |
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1 | | Section and, upon the establishment of
a deferred payment |
2 | | agreement, the former customer shall pay 1/3 of the amount
past |
3 | | due (including reconnecting charge, if any) and 1/3 of any |
4 | | deposit
required by the utility.
|
5 | | Upon the payment of 1/3 of the amount past due and 1/3 of |
6 | | any deposit
required by the utility, the former customer's |
7 | | service shall be reconnected
as soon as possible. The company |
8 | | and the former customer shall agree to a
payment schedule for |
9 | | the remaining balances which will reasonably allow the
former |
10 | | customer to make the payments on the remainder of the deposit |
11 | | and
the past due balance while paying current bills during the |
12 | | winter heating
season. However, the utility is not obliged to |
13 | | make payment arrangements
extending beyond the following |
14 | | November. The utility shall allow the
former customer a minimum |
15 | | of 4 months in which to retire the past due
balance and 3 |
16 | | months in which to pay the remainder of the deposit. The
former |
17 | | customer shall also be informed that payment on the amounts |
18 | | past due
and the deposit, if any, plus the current bills must |
19 | | be paid by the due
date or the customer may face termination of |
20 | | service pursuant to this
Section and Section 8-206.
|
21 | | The Commission shall develop rules to govern the |
22 | | reconnection of a former
customer who demonstrates a financial |
23 | | inability to meet the requirement of
1/3 of the amount past due |
24 | | and 1/3 of any deposit requested by the utility.
The |
25 | | Commission's rules shall establish a means by which the former
|
26 | | customer's utility service may be reconnected through the |
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1 | | payment of a
reasonable amount and upon entering into a |
2 | | deferred payment agreement.
|
3 | | Any payment agreement made shall be in writing, with a copy |
4 | | provided to
the former customer. The renegotiation and |
5 | | reinstatement of a customer
and the establishment of a budget |
6 | | payment plan shall be pursuant to rules
established by the |
7 | | Commission.
|
8 | | (b) Not later than September 15 of each year, every gas and |
9 | | electric utility
shall conduct a survey of all former |
10 | | residential customers whose gas or
electric service was used to |
11 | | provide or control the primary source of space
heating in the |
12 | | dwelling and whose gas or electric service was terminated for
|
13 | | nonpayment of a bill or deposit from December 1 of the previous |
14 | | year to
September 15 of that year and where service at that |
15 | | premises has not been
restored. Not later than October 1 of |
16 | | each year the utility shall notify
each of these former |
17 | | customers that the gas or electric service will be
restored by |
18 | | the company for the coming heating season if the former
|
19 | | customer contacts the utility and makes arrangements with the |
20 | | utility
for reconnection of service under the conditions set |
21 | | forth in
this Section 8-202.5 . A utility shall notify the |
22 | | former customer or an adult
member of the household by personal |
23 | | visit, telephone contact or mailing of
a letter by first class |
24 | | mail to the last known address of that former
customer. The |
25 | | notification shall include a notice substantially in the same |
26 | | form provided in Section 8-202.6. The utility shall keep |
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1 | | records which would indicate the date,
form and the results of |
2 | | such contact.
|
3 | | (c) Each gas and electric utility which has former |
4 | | customers affected by this
Section shall file reports with the |
5 | | Commission providing such information
as the Commission may |
6 | | deem appropriate. The Commission shall notify each
gas and |
7 | | electric utility prior to August 1 of each year concerning the
|
8 | | information which is to be included in the report for that |
9 | | year.
|
10 | | (d) In no event shall any actions taken by a utility in |
11 | | compliance with this
Section be deemed to abrogate or in any |
12 | | way interfere with the utility's
rights to pursue the normal |
13 | | collection processes otherwise available to it.
|
14 | | (e) The Commission shall adopt promulgate rules to |
15 | | implement this Section.
|
16 | | (Source: P.A. 92-690, eff. 7-18-02.)
|
17 | | (220 ILCS 5/8-207.5 new) |
18 | | Sec. 8-207.5. Smart meter reconnection. No public utility |
19 | | shall charge a residential reconnection charge to a customer |
20 | | who receives electric service through a smart meter. |
21 | | (220 ILCS 5/8-209) |
22 | | Sec. 8-209. Utility credit reporting. A public utility |
23 | | shall not report a customer to a credit reporting agency for |
24 | | non-payment or late payment of an outstanding utility bill. If |
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1 | | a public utility reports a customer to a credit reporting |
2 | | agency for non-payment of an outstanding utility bill, then a |
3 | | public utility shall notify the credit reporting agency within |
4 | | 5 business days of any full payment made with certified funds |
5 | | or cash. For the purposes of this amendatory Act of the 97th |
6 | | General Assembly, certified funds means instruments that are |
7 | | guaranteed by the issuing institution or have cleared the |
8 | | issuing institution.
|
9 | | (Source: P.A. 97-821, eff. 1-1-13.)
|
10 | | (220 ILCS 5/16-115A)
|
11 | | Sec. 16-115A.
Obligations of alternative retail electric
|
12 | | suppliers.
|
13 | | (a) An alternative retail electric supplier shall :
|
14 | | (i) shall comply with the requirements imposed on |
15 | | public
utilities by Sections 8-201 through 8-207, 8-301, |
16 | | 8-505
and 8-507 of this Act, to the extent that these |
17 | | Sections
have application to the services being offered by |
18 | | the
alternative retail electric supplier; and
|
19 | | (ii) shall continue to comply with the requirements for
|
20 | | certification stated in subsection (d) of Section 16-115 ; .
|
21 | | (iii) on January 1, 2019, and every first day of each |
22 | | quarter thereafter, shall submit to the Commission and the |
23 | | Office of the Attorney General the rates the retail |
24 | | electric supplier charged to residential customers in the |
25 | | prior quarter, including each distinct rate charged and |
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1 | | whether the rate was a fixed or variable rate, the basis |
2 | | for the variable rate, and any fees charged in addition to |
3 | | the supply rate, including monthly fees, flat fees, or |
4 | | other service charges; |
5 | | (iv) shall make publicly available on its website, |
6 | | without the need for a customer login, rate information for |
7 | | all of its variable, time-of-use, and fixed rate contracts |
8 | | currently available to residential customers, including, |
9 | | but not limited to, fixed monthly charges, early |
10 | | termination charges, and kilowatt-hour charges; |
11 | | (v) no less than 30 days but no more than 60 days |
12 | | before a residential customer's price per kilowatt hour or |
13 | | other charge changes, shall send a separate written notice |
14 | | by United States Mail or electronic mail, as specified by |
15 | | the residential customer, addressed to the residential |
16 | | customer informing the residential customer of the |
17 | | upcoming change in price or other charge; the changed price |
18 | | per kilowatt hour or other charge shall be included in the |
19 | | notice and shall not require the residential customer to |
20 | | visit or log on to a website to obtain the change in price |
21 | | or other charge; the telephone number and email address to |
22 | | contact the supplier shall be included in the notice; and |
23 | | (vi) shall not automatically renew a contract with a |
24 | | residential customer at a rate higher than the initial term |
25 | | of the contract or automatically change or renew a fixed |
26 | | rate contract to a variable rate contract. A residential |
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1 | | customer may agree to a contract renewal at a rate higher |
2 | | than the initial term of the contract if the notice |
3 | | requirements in paragraph (v) have been met and the |
4 | | residential customer expressly consents to the contract |
5 | | renewal in writing or by an electronic signature. A |
6 | | residential customer may void a variable rate contract |
7 | | unless the residential customer received a disclosure |
8 | | showing the prior 12 months of charges under the variable |
9 | | rate contract and the disclosures required by paragraph (i) |
10 | | of subsection (e) before expressly consenting to the |
11 | | contract renewal. |
12 | | (b) An alternative retail electric supplier shall obtain |
13 | | verifiable
authorization from a customer, in a form or manner |
14 | | approved by the Commission
consistent with Section 2EE of the |
15 | | Consumer Fraud and Deceptive Business
Practices Act, before the |
16 | | customer is switched from another supplier.
|
17 | | (c) No alternative retail electric supplier, or electric
|
18 | | utility other than the electric utility in whose service area
a |
19 | | customer is located, shall (i) enter into or employ any
|
20 | | arrangements which have the effect of preventing a retail
|
21 | | customer with a maximum electrical demand of less than one
|
22 | | megawatt from having access to the services of the electric
|
23 | | utility in whose service area the customer is located or (ii)
|
24 | | charge retail customers for such access. This subsection shall |
25 | | not be
construed to prevent an arms-length agreement between a
|
26 | | supplier and a retail customer that sets a term of service, |
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1 | | notice
period for terminating service and provisions governing |
2 | | early
termination through a tariff or contract as allowed by |
3 | | Section 16-119.
|
4 | | (d) An alternative retail electric supplier that is
|
5 | | certified to serve residential or small commercial retail
|
6 | | customers shall not:
|
7 | | (1) deny service to a customer or group of customers
|
8 | | nor establish any differences as to prices, terms,
|
9 | | conditions, services, products, facilities, or in any
|
10 | | other respect, whereby such denial or differences are based |
11 | | upon
race, gender or income , except as provided in Section |
12 | | 16-115E .
|
13 | | (2) deny service to a customer or group of customers |
14 | | based on locality
nor establish any unreasonable |
15 | | difference as to prices,
terms, conditions, services, |
16 | | products, or facilities as
between localities.
|
17 | | (e) An alternative retail electric supplier shall comply
|
18 | | with the following requirements with respect to the marketing,
|
19 | | offering and provision of products or services to residential
|
20 | | and small commercial retail customers:
|
21 | | (i) All Any marketing materials , including electronic |
22 | | marketing materials, in-person solicitations, and |
23 | | telephone solicitations, which make
statements concerning |
24 | | prices, terms and conditions
of service shall contain |
25 | | information that adequately
discloses the prices, terms |
26 | | and conditions of the
products or services that the |
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1 | | alternative retail
electric supplier is offering or |
2 | | selling to the
customer and shall contain the Historical |
3 | | Prices to Compare from the immediately preceding 12 months |
4 | | as displayed on the Plug-In Illinois website maintained by |
5 | | the Illinois Commerce Commission . The disclosure may group |
6 | | months during which the price to compare was unchanged and |
7 | | may include more than 12 months if the immediately |
8 | | preceding 12 months are included. All marketing materials, |
9 | | including, but not limited to, electronic marketing |
10 | | materials, in-person solicitations, and telephone |
11 | | solicitations, shall include the following statement: |
12 | | "(Name of alternative retail electric supplier) is not the |
13 | | same entity as your electric utility delivery company. You |
14 | | are not required to enroll with (name of alternative retail |
15 | | electric supplier). For information on comparison rates |
16 | | for utility electric supply service and understanding your |
17 | | electric supply choices, go to the Illinois Commerce |
18 | | Commission's free website at www.pluginillinois.org.". |
19 | | This paragraph (i) does not apply to goodwill or |
20 | | institutional advertising.
|
21 | | (ii) Before any customer is switched from
another |
22 | | supplier, the alternative retail electric
supplier shall |
23 | | give the customer written information
that adequately |
24 | | discloses, in plain language, the
prices, terms and |
25 | | conditions of the products and
services being offered and |
26 | | sold to the customer.
|
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1 | | (iii) An alternative retail electric supplier
shall |
2 | | provide documentation to the Commission and to
customers |
3 | | that substantiates any claims made by the
alternative |
4 | | retail electric supplier regarding the
technologies and |
5 | | fuel types used to generate the
electricity offered or sold |
6 | | to customers.
|
7 | | (iv) The alternative retail electric supplier
shall |
8 | | provide to the customer (1) itemized billing
statements |
9 | | that describe the products and services
provided to the |
10 | | customer and their prices, and (2)
an additional statement, |
11 | | at least annually, that
adequately discloses the average |
12 | | monthly prices, and
the terms and conditions, of the |
13 | | products and
services sold to the customer.
|
14 | | (f) An alternative retail electric supplier may limit
the |
15 | | overall size or availability of a service offering by
|
16 | | specifying one or more of the following: a maximum number of
|
17 | | customers, maximum amount of electric load to be served, time
|
18 | | period during which the offering will be available, or other
|
19 | | comparable limitation, but not including the geographic
|
20 | | locations of customers within the area which the alternative
|
21 | | retail electric supplier is certificated to serve. The
|
22 | | alternative retail electric supplier shall file the terms and
|
23 | | conditions of such service offering including the applicable
|
24 | | limitations with the Commission prior to making the service
|
25 | | offering available to customers.
|
26 | | (g) Nothing in this Section shall be construed as
|
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1 | | preventing an alternative retail electric supplier,
which is an |
2 | | affiliate of, or which contracts with, (i) an
industry or trade |
3 | | organization or association, (ii) a
membership organization or |
4 | | association that exists for a
purpose other than the purchase |
5 | | of electricity, or (iii)
another organization that meets |
6 | | criteria established in a rule
adopted by the Commission, from |
7 | | offering through the
organization or association services at |
8 | | prices, terms and
conditions that are available solely to the |
9 | | members of the
organization or association.
|
10 | | (Source: P.A. 90-561, eff. 12-16-97.)
|
11 | | (220 ILCS 5/16-115E new) |
12 | | Sec. 16-115E. Alternative retail electric supplier; |
13 | | utility assistance recipient. |
14 | | (a) Beginning 90 days after the effective date of this |
15 | | amendatory Act of the 100th General Assembly, no customer who |
16 | | has received financial assistance within the preceding 12 |
17 | | months from the Low Income Home Energy Assistance Program or |
18 | | the Percentage of Income Payment Plan shall be switched to an |
19 | | alternative retail electric supplier, unless: (1) the customer |
20 | | is switched pursuant to a government aggregation program |
21 | | adopted in accordance with Section 1-92 of the Illinois Power |
22 | | Agency Act if the government aggregation program does not |
23 | | charge a supply charge that exceeds the public utility supply |
24 | | price, which is determined by comparing the total supply charge |
25 | | from the government aggregation program with the total supply |
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1 | | charge that would apply to the customer for the billing period |
2 | | if the customer obtained supply from the utility; or (2) the |
3 | | customer is switched to a Commission-approved savings |
4 | | guarantee plan as described in subsection (b). |
5 | | (b) Beginning January 1, 2020, an alternative retail |
6 | | electric supplier may apply to the Commission to offer a |
7 | | savings guarantee plan to recipients of Low Income Home Energy |
8 | | Assistance Program funding or Percentage of Income Payment Plan |
9 | | funding. The Commission shall initiate a public, docketed |
10 | | proceeding to consider whether or not to approve an alternative |
11 | | retail electric supplier's application to offer a savings |
12 | | guarantee plan. At a minimum, the savings guarantee plan shall |
13 | | charge customers for electric supply an amount that is less |
14 | | than the amount the public utility charges for electric supply. |
15 | | The Commission shall adopt rules to implement this subsection. |
16 | | (c) An agreement entered into between an alternative retail |
17 | | electric supplier and a customer in violation of this Section |
18 | | is void and unenforceable. If an alternative retail electric |
19 | | supplier attempts to enroll a customer in violation of this |
20 | | Section, the electric utility shall deny the supplier switch |
21 | | and inform the alternative retail electric supplier of the |
22 | | reason.
|
23 | | (220 ILCS 5/16-118)
|
24 | | Sec. 16-118. Services provided by electric utilities to
|
25 | | alternative retail electric suppliers.
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1 | | (a) It is in the best interest of Illinois energy
consumers |
2 | | to promote fair and open competition in the
provision of |
3 | | electric power and energy and to prevent
anticompetitive |
4 | | practices in the provision of electric power
and energy.
|
5 | | Therefore, to the extent an electric utility provides electric |
6 | | power and energy
or delivery services to alternative retail |
7 | | electric suppliers and such services
are not subject to the |
8 | | jurisdiction of the Federal Energy
Regulatory Commission, and |
9 | | are not competitive services, they
shall be provided through |
10 | | tariffs that are filed with the
Commission, pursuant to Article |
11 | | IX of this Act.
Each electric utility shall permit alternative
|
12 | | retail electric suppliers to interconnect facilities to those
|
13 | | owned by the utility provided they meet established standards
|
14 | | for such interconnection, and may provide standby or other
|
15 | | services to alternative retail electric suppliers. The
|
16 | | alternative retail electric supplier shall sign a contract
|
17 | | setting forth the prices, terms and conditions for
|
18 | | interconnection with the electric utility and the prices,
terms |
19 | | and conditions for services provided by the electric
utility to |
20 | | the alternative retail electric supplier in
connection with the |
21 | | delivery by the electric utility of
electric power and energy |
22 | | supplied by the alternative retail
electric supplier.
|
23 | | (b) An electric utility shall file a tariff pursuant to |
24 | | Article IX of the
Act that would allow alternative retail |
25 | | electric suppliers or electric
utilities other than the |
26 | | electric utility in whose service area retail
customers are
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1 | | located to issue single bills to the retail customers for both |
2 | | the services
provided by such alternative retail electric |
3 | | supplier or other electric utility
and the delivery services |
4 | | provided by the electric utility to such customers.
The tariff |
5 | | filed pursuant to this subsection shall (i) require partial |
6 | | payments
made by retail customers to be credited first to the |
7 | | electric utility's
tariffed services, (ii) impose commercially |
8 | | reasonable terms with respect to
credit and collection, |
9 | | including requests for deposits, (iii) retain the
electric |
10 | | utility's right to disconnect the retail customers, if it does |
11 | | not
receive payment for its tariffed services, in the same |
12 | | manner that it would be
permitted to if it had billed for the |
13 | | services itself, and (iv) require the
alternative retail |
14 | | electric supplier or other electric utility that elects the
|
15 | | billing option provided by this tariff to include on each bill |
16 | | to retail
customers an identification of the electric utility |
17 | | providing the delivery
services and a listing of the charges |
18 | | applicable to such services. The tariff
filed pursuant to this |
19 | | subsection may also include other just and reasonable
terms and |
20 | | conditions. In addition,
an electric utility, an alternative |
21 | | retail electric
supplier or electric utility other than the |
22 | | electric utility
in whose service area the customer is located, |
23 | | and a customer
served by such alternative retail electric |
24 | | supplier or other
electric utility, may enter into an agreement |
25 | | pursuant to
which the alternative retail electric supplier or |
26 | | other
electric utility pays the charges specified in Section |
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1 | | 16-108,
or other customer-related charges, including taxes and |
2 | | fees,
in lieu of such charges being recovered by the electric
|
3 | | utility directly from the customer. |
4 | | (c) An electric utility with more than 100,000 customers |
5 | | shall file a tariff pursuant to Article IX of this Act that |
6 | | provides alternative retail electric suppliers, and electric |
7 | | utilities other than the electric utility in whose service area |
8 | | the retail customers are located, with the option to have the |
9 | | electric utility purchase their receivables for power and |
10 | | energy service provided to residential retail customers and |
11 | | non-residential retail customers with a non-coincident peak |
12 | | demand of less than 400 kilowatts. Receivables for power and |
13 | | energy service of alternative retail electric suppliers or |
14 | | electric utilities other than the electric utility in whose |
15 | | service area the retail customers are located shall be |
16 | | purchased by the electric utility at a just and reasonable |
17 | | discount rate to be reviewed and approved by the Commission |
18 | | after notice and hearing. The discount rate shall be based on |
19 | | the electric utility's historical bad debt and any reasonable |
20 | | start-up costs and administrative costs associated with the |
21 | | electric utility's purchase of receivables. The discounted |
22 | | rate for purchase of receivables shall be included in the |
23 | | tariff filed pursuant to this subsection (c). The discount rate |
24 | | filed pursuant to this subsection (c) shall be subject to |
25 | | periodic Commission review. The electric utility retains the |
26 | | right to impose the same terms on retail customers with respect |
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1 | | to credit and collection, including requests for deposits, and |
2 | | retain the electric utility's right to disconnect the retail |
3 | | customers, if it does not receive payment for its tariffed |
4 | | services or purchased receivables, in the same manner that it |
5 | | would be permitted to if the retail customers purchased power |
6 | | and energy from the electric utility. The tariff filed pursuant |
7 | | to this subsection (c) shall permit the electric utility to |
8 | | recover from retail customers any uncollected receivables that |
9 | | may arise as a result of the purchase of receivables under this |
10 | | subsection (c), may also include other just and reasonable |
11 | | terms and conditions, and shall provide for the prudently |
12 | | incurred costs associated with the provision of this service |
13 | | pursuant to this subsection (c). Nothing in this subsection (c) |
14 | | permits the double recovery of bad debt expenses from |
15 | | customers. |
16 | | (d) An electric utility with more than 100,000 customers |
17 | | shall file a tariff pursuant to Article IX of this Act that |
18 | | would provide alternative retail electric suppliers or |
19 | | electric utilities other than the electric utility in whose |
20 | | service area retail customers are located with the option to |
21 | | have the electric utility produce and provide single bills to |
22 | | the retail customers for both the electric power and energy |
23 | | service provided by the alternative retail electric supplier or |
24 | | other electric utility and the delivery services provided by |
25 | | the electric utility to the customers. The tariffs filed |
26 | | pursuant to this subsection shall require the electric utility |
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1 | | to collect and remit customer payments for electric power and |
2 | | energy service provided by alternative retail electric |
3 | | suppliers or electric utilities other than the electric utility |
4 | | in whose service area retail customers are located. The tariff |
5 | | filed pursuant to this subsection shall require the electric |
6 | | utility to include on each bill to retail customers an |
7 | | identification of the alternative retail electric supplier or |
8 | | other electric utility that elects the billing option. The |
9 | | tariff filed pursuant to this subsection (d) may also include |
10 | | other just and reasonable terms and conditions and shall |
11 | | provide for the recovery of prudently incurred costs associated |
12 | | with the provision of service pursuant to this subsection (d). |
13 | | The costs associated with the provision of service pursuant to |
14 | | this Section shall be subject to periodic Commission review.
|
15 | | (e) An electric utility with more than 100,000 customers in |
16 | | this State shall file a tariff pursuant to Article IX of this |
17 | | Act that provides alternative retail electric suppliers, and |
18 | | electric utilities other than the electric utility in whose |
19 | | service area the retail customers are located, with the option |
20 | | to have the electric utility purchase 2 billing cycles worth of |
21 | | uncollectible receivables for power and energy service |
22 | | provided to residential retail customers and to |
23 | | non-residential retail customers with a non-coincident peak |
24 | | demand of less than 400 kilowatts upon returning that customer |
25 | | to that electric utility for delivery and energy service after |
26 | | that alternative retail electric supplier, or an electric |
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1 | | utility other than the electric utility in whose service area |
2 | | the retail customer is located, has made reasonable collection |
3 | | efforts on that account. Uncollectible receivables for power |
4 | | and energy service of alternative retail electric suppliers, or |
5 | | electric utilities other than the electric utility in whose |
6 | | service area the retail customers are located, shall be |
7 | | purchased by the electric utility at a just and reasonable |
8 | | discount rate to be reviewed and approved by the Commission, |
9 | | after notice and hearing. The discount rate shall be based on |
10 | | the electric utility's historical bad debt for receivables that |
11 | | are outstanding for a similar length of time and any reasonable |
12 | | start-up costs and administrative costs associated with the |
13 | | electric utility's purchase of receivables. The discounted |
14 | | rate for purchase of uncollectible receivables shall be |
15 | | included in the tariff filed pursuant to this subsection (e). |
16 | | The electric utility retains the right to impose the same terms |
17 | | on these retail customers with respect to credit and |
18 | | collection, including requests for deposits, and retains the |
19 | | right to disconnect these retail customers, if it does not |
20 | | receive payment for its tariffed services or purchased |
21 | | receivables, in the same manner that it would be permitted to |
22 | | if the retail customers had purchased power and energy from the |
23 | | electric utility. The tariff filed pursuant to this subsection |
24 | | (e) shall permit the electric utility to recover from retail |
25 | | customers any uncollectable receivables that may arise as a |
26 | | result of the purchase of uncollectible receivables under this |
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1 | | subsection (e), may also include other just and reasonable |
2 | | terms and conditions, and shall provide for the prudently |
3 | | incurred costs associated with the provision of this service |
4 | | pursuant to this subsection (e). Nothing in this subsection (e) |
5 | | permits the double recovery of utility bad debt expenses from |
6 | | customers. The electric utility may file a joint tariff for |
7 | | this subsection (e) and subsection (c) of this Section.
|
8 | | (f) Every electric utility that provides delivery-only and |
9 | | supply service to consumers shall include on each bill to |
10 | | residential retail customers the electric utility's total |
11 | | supply charge that would apply to the customer for the billing |
12 | | period if the customer obtained supply from the utility. This |
13 | | disclosure shall be made on the bill of each residential retail |
14 | | customer who purchases supply services from an alternative |
15 | | retail electric supplier and on the bill of each residential |
16 | | retail customer who purchases electric supply from the utility. |
17 | | (Source: P.A. 95-700, eff. 11-9-07.)
|
18 | | (220 ILCS 5/19-115)
|
19 | | Sec. 19-115. Obligations of alternative gas suppliers.
|
20 | | (a) The provisions of this Section shall apply only to |
21 | | alternative gas
suppliers
serving or seeking to serve |
22 | | residential or small commercial customers and
only to the |
23 | | extent such
alternative gas suppliers provide services to |
24 | | residential or small
commercial customers.
|
25 | | (b) An alternative gas supplier shall :
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1 | | (1) shall comply with the requirements imposed on |
2 | | public utilities by Sections
8-201 through 8-207, 8-301, |
3 | | 8-505 and 8-507 of this Act, to the
extent that these |
4 | | Sections have application to the services being
offered by |
5 | | the alternative gas supplier;
|
6 | | (2) shall continue to comply with the requirements for |
7 | | certification stated
in
Section 19-110;
|
8 | | (3) shall comply with complaint procedures established |
9 | | by the Commission; |
10 | | (4) except as provided in subsection (h) of this |
11 | | Section, shall file with the Chief Clerk of the Commission, |
12 | | within 20 business days after the effective date of this |
13 | | amendatory Act of the 95th General Assembly, a copy of bill |
14 | | formats, standard customer contract and customer complaint |
15 | | and resolution procedures, and the name and telephone |
16 | | number of the company representative whom Commission |
17 | | employees may contact to resolve customer complaints and |
18 | | other matters. In the case of a gas supplier that engages |
19 | | in door-to-door solicitation, the company shall file with |
20 | | the Commission the consumer information disclosure |
21 | | required by item (3) of subsection (c) of Section 2DDD of |
22 | | the Consumer Fraud and Deceptive Business Practices Act and |
23 | | shall file updated information within 10 business days |
24 | | after changes in any of the documents or information |
25 | | required to be filed by this item (4); and |
26 | | (5) shall maintain a customer call center where |
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1 | | customers can reach a representative and receive current |
2 | | information. At least once every 6 months, each alternative |
3 | | gas supplier shall provide written information to |
4 | | customers explaining how to contact the call center. The |
5 | | average answer time for calls placed to the call center |
6 | | shall not exceed 60 seconds where a representative or |
7 | | automated system is ready to render assistance and/or |
8 | | accept information to process calls. The abandon rate for |
9 | | calls placed to the call center shall not exceed 10%. Each |
10 | | alternative gas supplier shall maintain records of the call |
11 | | center's telephone answer time performance and abandon |
12 | | call rate. These records shall be kept for a minimum of 2 |
13 | | years and shall be made available to Commission personnel |
14 | | upon request. In the event that answer times and/or abandon |
15 | | rates exceed the limits established above, the reporting |
16 | | alternative gas supplier may provide the Commission or its |
17 | | personnel with explanatory details. At a minimum, these |
18 | | records shall contain the following information in monthly |
19 | | increments: |
20 | | (A) total number of calls received; |
21 | | (B) number of calls answered; |
22 | | (C) average answer time; |
23 | | (D) number of abandoned calls; and |
24 | | (E) abandon call rate ; . |
25 | | (6) on January 1, 2019, and every first day of each |
26 | | quarter thereafter, shall submit to the Commission and the |
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1 | | Office of the Attorney General the rates the retail gas |
2 | | supplier charged to residential customers in the prior |
3 | | quarter, including each distinct rate charged and whether |
4 | | the rate was a fixed or variable rate, the basis for the |
5 | | variable rate, and any fees charged in addition to the |
6 | | supply rate, including monthly fees, flat fees, or other |
7 | | service charges; |
8 | | (7) shall make publicly available on its website, |
9 | | without the need for a customer login, rate information for |
10 | | all of its variable, time-of-use, and fixed rate contracts |
11 | | currently available to residential customers, including, |
12 | | but not limited to, fixed monthly charges, early |
13 | | termination charges, and per therm charges; |
14 | | (8) no less than 30 days but no more than 60 days |
15 | | before a residential customer's price per therm or other |
16 | | charge changes, shall send a separate written notice by |
17 | | United States Mail or electronic mail, as specified by the |
18 | | residential customer, addressed to the residential |
19 | | customer informing the residential customer of the |
20 | | upcoming change in price or other charge; the changed price |
21 | | per therm or other charge shall be included in the notice |
22 | | and shall not require the residential customer to visit or |
23 | | log on to a website to obtain the change in price or other |
24 | | charge; the telephone number and email address to contact |
25 | | the supplier shall be included in the notice; and |
26 | | (9) shall not automatically renew a contract with a |
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1 | | residential customer at a rate higher than the initial term |
2 | | of the contract or automatically change or renew a fixed |
3 | | rate contract to a variable rate contract. A residential |
4 | | customer may agree to a contract renewal at a rate higher |
5 | | than the initial term of the contract if the notice |
6 | | requirements in paragraph (8) have been met and the |
7 | | residential customer expressly consents to the contract |
8 | | renewal in writing or by an electronic signature. A |
9 | | residential customer may void a variable rate contract |
10 | | unless the residential customer received a disclosure |
11 | | showing the prior 12 months of charges under the variable |
12 | | rate contract and the disclosures required by paragraph (1) |
13 | | of subsection (g) before expressly consenting to the |
14 | | contract renewal. |
15 | | Alternative gas suppliers that do not have electronic |
16 | | answering capability that meets these requirements shall |
17 | | notify the Manager of the Commission's Consumer Services |
18 | | Division or its successor within 30 days following the |
19 | | effective date of this amendatory Act of the 95th General |
20 | | Assembly and work with Staff to develop individualized |
21 | | reporting requirements as to the call volume and responsiveness |
22 | | of the call center. |
23 | | On or before March 1 of every year, each entity shall file |
24 | | a report with the Chief Clerk of the Commission for the |
25 | | preceding calendar year on its answer time and abandon call |
26 | | rate for its call center. A copy of the report shall be sent to |
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1 | | the Manager of the Consumer Services Division or its successor. |
2 | | (c) An alternative gas supplier shall not submit or execute |
3 | | a change in a customer's selection of a natural gas provider |
4 | | unless and until (i) the alternative gas supplier first |
5 | | discloses all material terms and conditions of the offer , |
6 | | including price, to the customer; (ii) the alternative gas |
7 | | supplier has obtained the customer's express agreement to |
8 | | accept the offer after the disclosure of all material terms and |
9 | | conditions of the offer; and (iii) the alternative gas supplier |
10 | | has confirmed the request for a change in accordance with one |
11 | | of the following procedures: |
12 | | (1) The alternative gas supplier has obtained the |
13 | | customer's written or electronically signed authorization |
14 | | in a form that meets the following requirements: |
15 | | (A) An alternative gas supplier shall obtain any |
16 | | necessary written or electronically signed |
17 | | authorization from a customer for a change in natural |
18 | | gas service by using a letter of agency as specified in |
19 | | this Section. Any letter of agency that does not |
20 | | conform with this Section is invalid. |
21 | | (B) The letter of agency shall be a separate |
22 | | document (or an easily separable document containing |
23 | | only the authorization language described in item (E) |
24 | | of this paragraph (1)) whose sole purpose is to |
25 | | authorize a natural gas provider change. The letter of |
26 | | agency must be signed and dated by the customer |
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1 | | requesting the natural gas provider change. |
2 | | (C) The letter of agency shall not be combined with |
3 | | inducements of any kind on the same document. |
4 | | (D) Notwithstanding items (A) and (B) of this |
5 | | paragraph (1), the letter of agency may be combined |
6 | | with checks that contain only the required letter of |
7 | | agency language prescribed in item (E) of this |
8 | | paragraph (1) and the necessary information to make the |
9 | | check a negotiable instrument. The letter of agency |
10 | | check shall not contain any promotional language or |
11 | | material. The letter of agency check shall contain in |
12 | | easily readable, bold face type on the face of the |
13 | | check a notice that the consumer is authorizing a |
14 | | natural gas provider change by signing the check. The |
15 | | letter of agency language also shall be placed near the |
16 | | signature line on the back of the check. |
17 | | (E) At a minimum, the letter of agency must be |
18 | | printed with a print of sufficient size to be clearly |
19 | | legible and must contain clear and unambiguous |
20 | | language that confirms: |
21 | | (i) the customer's billing name and address; |
22 | | (ii) the decision to change the natural gas |
23 | | provider from the current provider to the |
24 | | prospective alternative gas supplier; |
25 | | (iii) the terms, conditions, and nature of the |
26 | | service to be provided to the customer, including, |
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1 | | but not limited to, the rates for the service |
2 | | contracted for by the customer; and |
3 | | (iv) that the customer understands that any |
4 | | natural gas provider selection the customer |
5 | | chooses may involve a charge to the customer for |
6 | | changing the customer's natural gas provider. |
7 | | (F) Letters of agency shall not suggest or require |
8 | | that a customer take some action in order to retain the |
9 | | customer's current natural gas provider. |
10 | | (G) If any portion of a letter of agency is |
11 | | translated into another language, then all portions of |
12 | | the letter of agency must be translated into that |
13 | | language. |
14 | | (2) An appropriately qualified independent third party |
15 | | has obtained, in accordance with the procedures set forth |
16 | | in this paragraph (2), the customer's oral authorization to |
17 | | change natural gas providers that confirms and includes |
18 | | appropriate verification data. The independent third party |
19 | | must (i) not be owned, managed, controlled, or directed by |
20 | | the alternative gas supplier or the alternative gas |
21 | | supplier's marketing agent; (ii) not have any financial |
22 | | incentive to confirm provider change requests for the |
23 | | alternative gas supplier or the alternative gas supplier's |
24 | | marketing agent; and (iii) operate in a location physically |
25 | | separate from the alternative gas supplier or the |
26 | | alternative gas supplier's marketing agent. Automated |
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1 | | third-party verification systems and 3-way conference |
2 | | calls may be used for verification purposes so long as the |
3 | | other requirements of this paragraph (2) are satisfied. An |
4 | | alternative gas supplier or alternative gas supplier's |
5 | | sales representative initiating a 3-way conference call or |
6 | | a call through an automated verification system must drop |
7 | | off the call once the 3-way connection has been |
8 | | established. All third-party verification methods shall |
9 | | elicit, at a minimum, the following information: |
10 | | (A) the identity of the customer; |
11 | | (B) confirmation that the person on the call is |
12 | | authorized to make the provider change; |
13 | | (C) confirmation that the person on the call wants |
14 | | to make the provider change; |
15 | | (D) the names of the providers affected by the |
16 | | change; |
17 | | (E) the service address of the service to be |
18 | | switched; and |
19 | | (F) the price of the service to be provided and the |
20 | | material terms and conditions of the service being |
21 | | offered, including whether any early termination fees |
22 | | apply. |
23 | | Third-party verifiers may not market the alternative |
24 | | gas supplier's services by providing additional |
25 | | information. All third-party verifications shall be |
26 | | conducted in the same language that was used in the |
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1 | | underlying sales transaction and shall be recorded in their |
2 | | entirety. Submitting alternative gas suppliers shall |
3 | | maintain and preserve audio records of verification of |
4 | | customer authorization for a minimum period of 2 years |
5 | | after obtaining the verification. Automated systems must |
6 | | provide customers with an option to speak with a live |
7 | | person at any time during the call. |
8 | | (3) The alternative gas supplier has obtained the |
9 | | customer's authorization via an automated verification |
10 | | system to change natural gas service via telephone. An |
11 | | automated verification system is an electronic system |
12 | | that, through pre-recorded prompts, elicits voice |
13 | | responses, touchtone responses, or both, from the customer |
14 | | and records both the prompts and the customer's responses. |
15 | | Such authorization must elicit the information in |
16 | | paragraph (2)(A) through (F) of this subsection (c). |
17 | | Alternative gas suppliers electing to confirm sales |
18 | | electronically through an automated verification system |
19 | | shall establish one or more toll-free telephone numbers |
20 | | exclusively for that purpose. Calls to the number or |
21 | | numbers shall connect a customer to a voice response unit, |
22 | | or similar mechanism, that makes a date-stamped, |
23 | | time-stamped recording of the required information |
24 | | regarding the alternative gas supplier change. |
25 | | The alternative gas supplier shall not use such |
26 | | electronic authorization systems to market its services. |
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1 | | (4) When a consumer initiates the call to the |
2 | | prospective alternative gas supplier, in order to enroll |
3 | | the consumer as a customer, the prospective alternative gas |
4 | | supplier must, with the consent of the customer, make a |
5 | | date-stamped, time-stamped audio recording that elicits, |
6 | | at a minimum, the following information: |
7 | | (A) the identity of the customer; |
8 | | (B) confirmation that the person on the call is |
9 | | authorized to make the provider change; |
10 | | (C) confirmation that the person on the call wants |
11 | | to make the provider change; |
12 | | (D) the names of the providers affected by the |
13 | | change; |
14 | | (E) the service address of the service to be |
15 | | switched; and |
16 | | (F) the price of the service to be supplied and the |
17 | | material terms and conditions of the service being |
18 | | offered, including whether any early termination fees |
19 | | apply. |
20 | | Submitting alternative gas suppliers shall maintain |
21 | | and preserve the audio records containing the information |
22 | | set forth above for a minimum period of 2 years. |
23 | | (5) In the event that a customer enrolls for service |
24 | | from an alternative gas supplier via an Internet website, |
25 | | the alternative gas supplier shall obtain an |
26 | | electronically signed letter of agency in accordance with |
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1 | | paragraph (1) of this subsection (c) and any customer |
2 | | information shall be protected in accordance with all |
3 | | applicable statutes and regulations. In addition, an |
4 | | alternative gas supplier shall provide the following when |
5 | | marketing via an Internet website: |
6 | | (A) The Internet enrollment website shall, at a |
7 | | minimum, include: |
8 | | (i) a copy of the alternative gas supplier's |
9 | | customer contract that clearly and conspicuously |
10 | | discloses all terms and conditions; and |
11 | | (ii) a conspicuous prompt for the customer to |
12 | | print or save a copy of the contract. |
13 | | (B) Any electronic version of the contract shall be |
14 | | identified by version number, in order to ensure the |
15 | | ability to verify the particular contract to which the |
16 | | customer assents. |
17 | | (C) Throughout the duration of the alternative gas |
18 | | supplier's contract with a customer, the alternative |
19 | | gas supplier shall retain and, within 3 business days |
20 | | of the customer's request, provide to the customer an |
21 | | e-mail, paper, or facsimile of the terms and conditions |
22 | | of the numbered contract version to which the customer |
23 | | assents. |
24 | | (D) The alternative gas supplier shall provide a |
25 | | mechanism by which both the submission and receipt of |
26 | | the electronic letter of agency are recorded by time |
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1 | | and date. |
2 | | (E) After the customer completes the electronic |
3 | | letter of agency, the alternative gas supplier shall |
4 | | disclose conspicuously through its website that the |
5 | | customer has been enrolled, and the alternative gas |
6 | | supplier shall provide the customer an enrollment |
7 | | confirmation number. |
8 | | (6) When a customer is solicited in person by the |
9 | | alternative gas supplier's sales agent, the alternative |
10 | | gas supplier may only obtain the customer's authorization |
11 | | to change natural gas service through the method provided |
12 | | for in paragraph (2) of this subsection (c). |
13 | | Alternative gas suppliers must be in compliance with this |
14 | | subsection (c) within 90 days after the effective date of this |
15 | | amendatory Act of the 95th General Assembly. |
16 | | (d) Complaints may be filed with the Commission under this |
17 | | Section by a customer whose natural gas service has been |
18 | | provided by an alternative gas supplier in a manner not in |
19 | | compliance with subsection (c) of this Section. If, after |
20 | | notice and hearing, the Commission finds that an alternative |
21 | | gas supplier has violated subsection (c), then the Commission |
22 | | may in its discretion do any one or more of the following: |
23 | | (1) Require the violating alternative gas supplier to |
24 | | refund the customer charges collected in excess of those |
25 | | that would have been charged by the customer's authorized |
26 | | natural gas provider. |
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1 | | (2) Require the violating alternative gas supplier to |
2 | | pay to the customer's authorized natural gas provider the |
3 | | amount the authorized natural gas provider would have |
4 | | collected for natural gas service. The Commission is |
5 | | authorized to reduce this payment by any amount already |
6 | | paid by the violating alternative gas supplier to the |
7 | | customer's authorized natural gas provider. |
8 | | (3) Require the violating alternative gas supplier to |
9 | | pay a fine of up to $1,000 into the Public Utility Fund for |
10 | | each repeated and intentional violation of this Section. |
11 | | (4) Issue a cease and desist order. |
12 | | (5) For a pattern of violation of this Section or for |
13 | | intentionally violating a cease and desist order, revoke |
14 | | the violating alternative gas supplier's certificate of |
15 | | service authority.
|
16 | | (e) No alternative gas supplier shall:
|
17 | | (1) enter into or employ any
arrangements which have |
18 | | the effect of preventing any customer from having
access to
|
19 | | the services of the gas utility in whose service area the |
20 | | customer is located;
|
21 | | (2) charge customers for such access;
|
22 | | (3) bill for goods or services not authorized by the |
23 | | customer; or |
24 | | (4) bill for a disputed amount where the alternative |
25 | | gas supplier has been provided notice of such dispute. The |
26 | | supplier shall attempt to resolve a dispute with the |
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1 | | customer. When the dispute is not resolved to the |
2 | | customer's satisfaction, the supplier shall inform the |
3 | | customer of the right to file an informal complaint with |
4 | | the Commission and provide contact information. While the |
5 | | pending dispute is active at the Commission, an alternative |
6 | | gas supplier may bill only for the undisputed amount until |
7 | | the Commission has taken final action on the complaint. |
8 | | (f) An alternative gas supplier that is certified to serve |
9 | | residential
or small commercial customers shall not:
|
10 | | (1) deny service to a customer or group of customers |
11 | | nor
establish any differences as to prices, terms,
|
12 | | conditions, services, products, facilities, or in any |
13 | | other respect, whereby
such denial or differences are based |
14 | | upon race, gender, or income , except as provided in Section |
15 | | 19-116 ;
|
16 | | (2) deny service based on locality, nor establish any |
17 | | unreasonable
difference as to prices, terms, conditions, |
18 | | services, products, or facilities
as
between localities;
|
19 | | (3) include in any agreement a provision that obligates |
20 | | a customer to the terms of the agreement if the customer |
21 | | (i) moves outside the State of Illinois; (ii) moves to a |
22 | | location without a transportation service program; or |
23 | | (iii) moves to a location where the customer will not |
24 | | require natural gas service, provided that nothing in this |
25 | | subsection precludes an alternative gas supplier from |
26 | | taking any action otherwise available to it to collect a |
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1 | | debt that arises out of service provided to the customer |
2 | | before the customer moved; or |
3 | | (4) assign the agreement to any alternative natural gas |
4 | | supplier, unless: |
5 | | (A) the supplier is an alternative gas supplier |
6 | | certified by the Commission; |
7 | | (B) the rates, terms, and conditions of the |
8 | | agreement being assigned do not change during the |
9 | | remainder of the time covered by the agreement; |
10 | | (C) the customer is given no less than 30 days |
11 | | prior written notice of the assignment and contact |
12 | | information for the new supplier; and |
13 | | (D) the supplier assigning the contract provides |
14 | | contact information that a customer can use to resolve |
15 | | a dispute. |
16 | | (g) An alternative gas supplier shall comply with the |
17 | | following requirements
with respect to the marketing, |
18 | | offering, and provision of products or services:
|
19 | | (1) All Any marketing materials , including electronic |
20 | | marketing materials, in-person solicitations, and |
21 | | telephone solicitations, which make statements concerning |
22 | | prices,
terms, and conditions of service shall contain |
23 | | information that
adequately discloses the prices, terms |
24 | | and conditions of the products
or services and shall |
25 | | contain the immediately preceding 12 months' current |
26 | | utility gas supply charge as displayed on the Natural Gas |
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1 | | Choice website maintained by the Illinois Commerce |
2 | | Commission and the suppliers' charges for the same 12-month |
3 | | period for the contract rate offered to the customer . The |
4 | | disclosure may group months during which the price to |
5 | | compare was unchanged and may include more than 12 months |
6 | | if the immediately preceding 12 months are included. All |
7 | | marketing materials, including, but not limited to, |
8 | | electronic marketing materials, in-person solicitations, |
9 | | and telephone solicitations, that include a price per |
10 | | kilowatt hour for competitive electricity service shall |
11 | | include the following statement: "(Name of alternative gas |
12 | | supplier) is not the same entity as your gas utility |
13 | | delivery company. You are not required to enroll with (name |
14 | | of alternative gas supplier). For information on |
15 | | comparison rates for gas electric supply service and |
16 | | understanding your gas supply choices, go to the Illinois |
17 | | Commerce Commission's free website at |
18 | | www.icc.illinois.gov/ags/consumereducation.aspx.". This |
19 | | paragraph (1) does not apply to goodwill or institutional |
20 | | marketing.
|
21 | | (2) Before any customer is switched from another |
22 | | supplier, the
alternative gas supplier shall give the |
23 | | customer written information
that clearly and |
24 | | conspicuously discloses, in plain language, the prices, |
25 | | terms, and
conditions of the products and services being |
26 | | offered and sold to the
customer. Nothing in this paragraph |
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1 | | (2) may be read to relieve an alternative gas supplier from |
2 | | the duties imposed on it by item (3) of subsection (c) of |
3 | | Section 2DDD of the Consumer Fraud and Deceptive Business |
4 | | Practices Act.
|
5 | | (3) The alternative gas supplier shall provide to the |
6 | | customer:
|
7 | | (A) accurate, timely, and itemized billing |
8 | | statements that describe
the products and services
|
9 | | provided to the customer and their prices
and that |
10 | | specify the
gas consumption amount and any service
|
11 | | charges and taxes; provided that this item (g)(3)(A) |
12 | | does not apply to small
commercial customers;
|
13 | | (B) billing statements that clearly and |
14 | | conspicuously discloses the name and contact |
15 | | information for the alternative gas supplier; |
16 | | (C) an additional
statement, at least annually, |
17 | | that adequately discloses the average
monthly prices, |
18 | | and the terms and conditions, of the products and
|
19 | | services sold to the customer; provided that this item |
20 | | (g)(3)(C) does not
apply to small commercial |
21 | | customers;
|
22 | | (D) refunds of any deposits with interest within 30 |
23 | | days after the
date
that the customer changes gas |
24 | | suppliers or discontinues service if the customer
has |
25 | | satisfied all of his or her outstanding financial |
26 | | obligations to the
alternative gas supplier at an |
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1 | | interest rate set by the Commission which shall
be the |
2 | | same as that required of gas utilities; and
|
3 | | (E) refunds, in a timely fashion, of all undisputed |
4 | | overpayments upon
the oral or written request of the |
5 | | customer.
|
6 | | (4) An alternative gas supplier and its sales agents |
7 | | shall refrain from any direct marketing or soliciting to |
8 | | consumers on the gas utility's "Do Not Contact List", which |
9 | | the alternative gas supplier shall obtain on the 15th |
10 | | calendar day of the month from the gas utility in whose |
11 | | service area the consumer is provided with gas service. If |
12 | | the 15th calendar day is a non-business day, then the |
13 | | alternative gas supplier shall obtain the list on the next |
14 | | business day following the 15th calendar day of that month. |
15 | | (5) Early Termination. |
16 | | (A) Any agreement that contains an early |
17 | | termination clause shall disclose the amount of the |
18 | | early termination fee, provided that any early |
19 | | termination fee or penalty shall not exceed $50 total, |
20 | | regardless of whether or not the agreement is a |
21 | | multiyear agreement. |
22 | | (B) In any agreement that contains an early |
23 | | termination clause, an alternative gas supplier shall |
24 | | provide the customer the opportunity to terminate the |
25 | | agreement without any termination fee or penalty |
26 | | within 10 business days after the date of the first |
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1 | | bill issued to the customer for products or services |
2 | | provided by the alternative gas supplier. The |
3 | | agreement shall disclose the opportunity and provide a |
4 | | toll-free phone number that the customer may call in |
5 | | order to terminate the agreement. |
6 | | (6) Within 2 business days after electronic receipt of |
7 | | a customer switch from the alternative gas supplier and |
8 | | confirmation of eligibility, the gas utility shall provide |
9 | | the customer written notice confirming the switch. The gas |
10 | | utility shall not switch the service until 10 business days |
11 | | after the date on the notice to the customer. |
12 | | (7) The alternative gas supplier shall provide each |
13 | | customer the opportunity to rescind its agreement without |
14 | | penalty within 10 business days after the date on the gas |
15 | | utility notice to the customer. The alternative gas |
16 | | supplier shall disclose all of the following: |
17 | | (A) that the gas utility shall send a notice |
18 | | confirming the switch; |
19 | | (B) that from the date the utility issues the |
20 | | notice confirming the switch, the customer shall have |
21 | | 10 business days to rescind the switch without penalty; |
22 | | (C) that the customer shall contact the gas utility |
23 | | or the alternative gas supplier to rescind the switch; |
24 | | and |
25 | | (D) the contact information for the gas utility. |
26 | | The alternative gas supplier disclosure shall be |
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1 | | included in its sales solicitations, contracts, and all |
2 | | applicable sales verification scripts. |
3 | | (h) An alternative gas supplier may limit the overall size |
4 | | or availability
of
a
service offering by specifying one or more |
5 | | of the following:
|
6 | | (1) a maximum number
of
customers and maximum amount of |
7 | | gas load to be served;
|
8 | | (2) time period during which
the
offering will be |
9 | | available; or
|
10 | | (3) other comparable limitation, but not including
the
|
11 | | geographic locations of customers within the area which the |
12 | | alternative gas
supplier is
certificated to serve.
|
13 | | The alternative gas supplier shall file the terms and
|
14 | | conditions of
such service offering including the applicable |
15 | | limitations with the Commission
prior to
making the service |
16 | | offering available to customers.
|
17 | | (i) Nothing in this Section shall be construed as |
18 | | preventing an alternative
gas
supplier that is an affiliate of, |
19 | | or which contracts with,
(i) an industry or
trade
organization |
20 | | or association,
(ii) a membership organization or association |
21 | | that
exists for
a purpose other than the purchase of gas, or
|
22 | | (iii) another organization that
meets criteria
established in a |
23 | | rule adopted by the Commission from offering through the
|
24 | | organization
or association services at prices, terms and |
25 | | conditions that are available
solely to the
members of the |
26 | | organization or association.
|
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1 | | (Source: P.A. 95-1051, eff. 4-10-09.)
|
2 | | (220 ILCS 5/19-116 new) |
3 | | Sec. 19-116. Alternative gas supplier; utility assistance |
4 | | recipient. |
5 | | (a) Beginning 90 days after the effective date of this |
6 | | amendatory Act of the 100th General Assembly, no customer who |
7 | | has received financial assistance within the preceding 12 |
8 | | months from the Low Income Home Energy Assistance Program or |
9 | | the Percentage of Income Payment Plan shall be switched to an |
10 | | alternative gas supplier unless the customer is switched to a |
11 | | Commission-approved savings guarantee plan as described in |
12 | | subsection (b). |
13 | | (b) Beginning January 1, 2020, an alternative gas supplier |
14 | | may apply to the Commission to offer a savings guarantee plan |
15 | | to recipients of Low Income Home Energy Assistance Program |
16 | | funding or Percentage of Income Payment Plan funding. The |
17 | | Commission shall initiate a public, docketed proceeding to |
18 | | consider whether or not to approve an alternative gas |
19 | | supplier's application to offer a savings guarantee plan. At a |
20 | | minimum, the savings guarantee plan shall charge customers for |
21 | | gas supply an amount that is less than the amount the public |
22 | | utility charges for gas supply. The Commission shall adopt |
23 | | rules to implement this subsection. |
24 | | (c) An agreement entered into between an alternative gas |
25 | | supplier and a customer in violation of this Section is void |
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1 | | and unenforceable. If an alternative gas supplier attempts to |
2 | | enroll a customer in violation of this Section, the gas utility |
3 | | shall deny the supplier switch and inform the alternative gas |
4 | | supplier of the reason.
|
5 | | (220 ILCS 5/19-130)
|
6 | | Sec. 19-130. Commission study and report. The Commission's |
7 | | Office of Retail Market Development shall prepare an annual
|
8 | | report regarding the
development of competitive retail natural |
9 | | gas markets in Illinois. The Office shall monitor existing |
10 | | competitive conditions in Illinois, identify barriers to |
11 | | retail competition for all customer classes, and actively |
12 | | explore and propose to the Commission and to the General |
13 | | Assembly solutions to overcome identified barriers. Solutions |
14 | | proposed by the Office to promote retail competition must also |
15 | | promote safe, reliable, and affordable natural gas service. |
16 | | On or before October 1 of each year, beginning in 2015, the |
17 | | Director shall submit a report to the Commission, the General |
18 | | Assembly, and the Governor, that includes, at a minimum, the |
19 | | following
information:
|
20 | | (1) an analysis of the status and development of the |
21 | | retail natural gas
market in the State of Illinois; and |
22 | | (2) a discussion of any identified barriers to the |
23 | | development of competitive retail natural gas markets in |
24 | | Illinois and proposed solutions to overcome identified |
25 | | barriers; and
|
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1 | | (3) any other information the Office considers |
2 | | significant in
assessing
the development of natural gas
|
3 | | markets in the State of Illinois.
|
4 | | Beginning in 2020, the report shall include the information |
5 | | submitted to the Commission pursuant to paragraph (6) of |
6 | | subsection (b) of Section 19-115. |
7 | | (Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
|
8 | | (220 ILCS 5/19-135)
|
9 | | Sec. 19-135. Single billing. |
10 | | (a) It is the intent of the General Assembly
that in any |
11 | | service
area where customers are able to choose their natural |
12 | | gas supplier, a single
billing option shall be offered to |
13 | | customers for both the services provided by
the alternative gas |
14 | | supplier and the delivery services provided by the gas
utility. |
15 | | A gas utility shall file a tariff pursuant to Article IX of |
16 | | this Act
that allows alternative gas suppliers to issue single |
17 | | bills to residential and
small commercial customers for both |
18 | | the services provided by the alternative
gas supplier and the |
19 | | delivery services provided by the gas utility to
customers; |
20 | | provided that if a form of single billing is being offered in a |
21 | | gas
utility's service area on the effective date of this |
22 | | amendatory Act of the
92nd General Assembly, that form of |
23 | | single billing shall remain in effect
unless and until |
24 | | otherwise ordered by the Commission. The gas utility shall |
25 | | include its current supply rate on the single bills issued to |
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1 | | residential customers.
|
2 | | (b) Every gas utility that provides delivery-only and |
3 | | supply service to consumers shall include on each bill to each |
4 | | residential retail customer the gas utility's total supply |
5 | | charge for the billing period, including all fixed or monthly |
6 | | supply charges and other charges, credits, or rates that are |
7 | | part of the gas supply price. This disclosure shall be made on |
8 | | the bill of each residential retail customer who purchases |
9 | | supply services from an alternative gas supplier and on the |
10 | | bill of each residential retail customer who purchases gas |
11 | | supply from the utility. |
12 | | (Source: P.A. 92-852, eff. 8-26-02.)
|
13 | | (220 ILCS 5/20-110) |
14 | | Sec. 20-110. Office of Retail Market Development. Within 90 |
15 | | days after the effective date of this amendatory Act of the |
16 | | 94th General Assembly, subject to appropriation, the |
17 | | Commission shall establish an Office of Retail Market |
18 | | Development and employ on its staff a Director of Retail Market |
19 | | Development to oversee the Office. The Director shall have |
20 | | authority to employ or otherwise retain at least 2 |
21 | | professionals dedicated to the task of actively seeking out |
22 | | ways to promote retail competition in Illinois to benefit all |
23 | | Illinois consumers. |
24 | | The Office shall actively seek input from all interested |
25 | | parties and shall develop a thorough understanding and critical |
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1 | | analyses of the tools and techniques used to promote retail |
2 | | competition in other states. |
3 | | The Office shall monitor existing competitive conditions |
4 | | in Illinois, identify barriers to retail competition for all |
5 | | customer classes, and actively explore and propose to the |
6 | | Commission and to the General Assembly solutions to overcome |
7 | | identified barriers. The Director may include municipal |
8 | | aggregation of customers and creating and designing customer |
9 | | choice programs as tools for retail market development. |
10 | | Solutions proposed by the Office to promote retail competition |
11 | | must also promote safe, reliable, and affordable electric |
12 | | service. |
13 | | On or before June 30 of each year, the Director shall |
14 | | submit a report to the Commission, the General Assembly, and |
15 | | the Governor, that details specific accomplishments achieved |
16 | | by the Office in the prior 12 months in promoting retail |
17 | | electric competition and that suggests administrative and |
18 | | legislative action necessary to promote further improvements |
19 | | in retail electric competition. On or before June 30, 2020, and |
20 | | every year thereafter, the report shall include the information |
21 | | submitted to the Commission pursuant to paragraph (iii) of |
22 | | subsection (a) of Section 16-115A.
|
23 | | (Source: P.A. 94-1095, eff. 2-2-07.) |
24 | | (220 ILCS 5/8-201.6 rep.) |
25 | | Section 10. The Public Utilities Act is amended by |
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1 | | repealing Section 8-201.6. |
2 | | Section 15. The Energy Assistance Act is amended by |
3 | | changing Section 4 as follows:
|
4 | | (305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
|
5 | | Sec. 4. Energy Assistance Program.
|
6 | | (a) The Department of Commerce and Economic Opportunity is |
7 | | hereby authorized to institute a program to
ensure
the |
8 | | availability and affordability of heating and electric service |
9 | | to low
income citizens. The Department shall implement the |
10 | | program by rule
promulgated pursuant to the Illinois |
11 | | Administrative Procedure Act.
The program shall be consistent
|
12 | | with the purposes and objectives of this Act and with all other |
13 | | specific
requirements provided herein. The Department may |
14 | | enter
into such contracts and other agreements with local |
15 | | agencies as may be
necessary for the purpose of administering |
16 | | the energy assistance program.
|
17 | | (b)
Nothing in this Act shall be construed as altering or |
18 | | limiting the
authority conferred on the Illinois Commerce |
19 | | Commission by the Public
Utilities Act to regulate all aspects |
20 | | of the provision of public utility
service, including but not |
21 | | limited to the authority to make rules and
adjudicate disputes |
22 | | between utilities and customers related to eligibility
for |
23 | | utility service, deposits, payment practices, discontinuance |
24 | | of
service, and the treatment of arrearages owing for |
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1 | | previously rendered
utility service.
|
2 | | (c) The Department of Commerce and Economic Opportunity is |
3 | | authorized to institute an outreach program directed at |
4 | | low-income minority heads of households and heads of households |
5 | | age 60 or older. The Department shall implement the program |
6 | | through rules adopted pursuant to the Illinois Administrative |
7 | | Procedure Act. The program shall be consistent with the |
8 | | purposes and objectives of this Act and with all other specific |
9 | | requirements set forth in this subsection (c).
|
10 | | (d) The Department of Commerce and Economic Opportunity |
11 | | shall adopt rules to require that each applicant for assistance |
12 | | pursuant to this Act receives the notice specified in Section |
13 | | 8-202.6 of the Public Utilities Act. |
14 | | (Source: P.A. 95-331, eff. 8-21-07; 95-532, eff. 8-28-07; |
15 | | 96-154, eff. 1-1-10.)
|
16 | | Section 20. The Consumer Fraud and Deceptive Business |
17 | | Practices Act is amended by changing Sections 2EE and 2DDD as |
18 | | follows:
|
19 | | (815 ILCS 505/2EE)
|
20 | | Sec. 2EE. Electric service provider selection. An electric |
21 | | service provider shall not submit or execute
a change in a |
22 | | subscriber's selection of a provider of electric
service unless |
23 | | and until (i) the provider first discloses all material terms |
24 | | and conditions of the offer to the subscriber , including |
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1 | | information that adequately discloses the prices, terms, and |
2 | | conditions of the products or services that the alternative |
3 | | retail electric supplier is offering or selling to the customer |
4 | | and the Historical Prices to Compare from the preceding 12 |
5 | | months as displayed on the Plug-In Illinois website maintained |
6 | | by the Illinois Commerce Commission for the distribution |
7 | | utility serving the customer; (ii) the provider meets the |
8 | | requirements of Sections 16-115A and 16-115E of the Public |
9 | | Utilities Act ; (iii) (ii) the provider has obtained the |
10 | | subscriber's express agreement to accept the offer after the |
11 | | disclosure of all material terms and conditions of the offer; |
12 | | and (iv) (iii) the provider has confirmed the request for a |
13 | | change in accordance with one of the following procedures:
|
14 | | (a) The new electric service provider has obtained the
|
15 | | subscriber's
written or electronically signed
authorization in |
16 | | a form that meets the
following requirements:
|
17 | | (1) An electric service provider shall obtain any
|
18 | | necessary written or electronically signed authorization |
19 | | from a subscriber for a
change in electric service by using |
20 | | a letter of agency as
specified in this
Section. Any letter |
21 | | of agency that does
not conform with this
Section is |
22 | | invalid.
|
23 | | (2) The letter of agency shall be a separate
document |
24 | | (an easily separable document containing only
the |
25 | | authorization language described in subparagraph (a)(5)
of |
26 | | this
Section) whose sole purpose is to authorize an
|
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1 | | electric service provider change. The letter of agency
must |
2 | | be signed and dated by the subscriber requesting the
|
3 | | electric service provider change.
|
4 | | (3) The letter of agency shall not be combined with
|
5 | | inducements of any kind on the same document.
|
6 | | (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
|
7 | | this
Section, the letter of agency may be combined with
|
8 | | checks that contain only the required letter of agency
|
9 | | language prescribed in subparagraph (a)(5)
of this Section |
10 | | and
the necessary information to make the check a |
11 | | negotiable
instrument. The letter of agency check shall not |
12 | | contain
any promotional language or material. The letter of
|
13 | | agency check shall contain in easily readable, bold-face
|
14 | | type on the face of the check, a notice that the consumer
|
15 | | is authorizing an electric service provider change by
|
16 | | signing the check. The letter of agency language also
shall |
17 | | be placed near the signature line on the back of
the check.
|
18 | | (5) At a minimum, the letter of agency must be
printed |
19 | | with a print of sufficient size to be clearly
legible, and |
20 | | must contain clear and unambiguous language
that confirms:
|
21 | | (i) The subscriber's billing name and address;
|
22 | | (ii) The decision to change the electric service
|
23 | | provider from the current provider to the
prospective |
24 | | provider;
|
25 | | (iii) The terms, conditions, and nature of the
|
26 | | service to be provided to the subscriber must be
|
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1 | | clearly and conspicuously disclosed, in writing, and
|
2 | | an electric service provider must directly establish
|
3 | | the rates for the service contracted for by the
|
4 | | subscriber; and
|
5 | | (iv) That the subscriber understand that any
|
6 | | electric service provider selection the subscriber
|
7 | | chooses may involve a charge to the subscriber for
|
8 | | changing the subscriber's electric service provider.
|
9 | | (6) Letters of agency shall not suggest or require
that |
10 | | a subscriber take some action in order to retain the
|
11 | | subscriber's current electric service provider.
|
12 | | (7) If any portion of a letter of agency is
translated |
13 | | into another language, then all portions of
the letter of |
14 | | agency must be translated into that
language.
|
15 | | (b) An appropriately qualified independent third party has |
16 | | obtained, in accordance with the procedures set forth in this |
17 | | subsection (b), the subscriber's oral authorization to change |
18 | | electric suppliers that confirms and includes appropriate |
19 | | verification data. The independent third party (i) must not be |
20 | | owned, managed, controlled, or directed by the supplier or the |
21 | | supplier's marketing agent; (ii) must not have any financial |
22 | | incentive to confirm supplier change requests for the supplier |
23 | | or the supplier's marketing agent; and (iii) must operate in a |
24 | | location physically separate from the supplier or the |
25 | | supplier's marketing agent.
|
26 | | Automated third-party verification systems and 3-way |
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1 | | conference calls may be used for verification purposes so long |
2 | | as the other requirements of this subsection (b) are satisfied. |
3 | | A supplier or supplier's sales representative initiating a |
4 | | 3-way conference call or a call through an automated |
5 | | verification system must drop off the call once the 3-way |
6 | | connection has been established. |
7 | | All third-party verification methods shall elicit, at a |
8 | | minimum, the following information: (i) the identity of the |
9 | | subscriber; (ii) confirmation that the person on the call is |
10 | | authorized to make the supplier change; (iii) confirmation that |
11 | | the person on the call wants to make the supplier change; (iv) |
12 | | the names of the suppliers affected by the change; (v) the |
13 | | service address of the supply to be switched; and (vi) the |
14 | | price of the service to be supplied and the material terms and |
15 | | conditions of the service being offered, including whether any |
16 | | early termination fees apply. Third-party verifiers may not |
17 | | market the supplier's services by providing additional |
18 | | information, including information regarding procedures to |
19 | | block or otherwise freeze an account against further changes. |
20 | | All third-party verifications shall be conducted in the |
21 | | same language that was used in the underlying sales transaction |
22 | | and shall be recorded in their entirety. Submitting suppliers |
23 | | shall maintain and preserve audio records of verification of |
24 | | subscriber authorization for a minimum period of 2 years after |
25 | | obtaining the verification. Automated systems must provide |
26 | | consumers with an option to speak with a live person at any |
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1 | | time during the call.
|
2 | | (c) When a subscriber initiates the call to the prospective |
3 | | electric supplier, in order to enroll the subscriber as a |
4 | | customer, the prospective electric supplier must, with the |
5 | | consent of the customer, make a date-stamped, time-stamped |
6 | | audio recording that elicits, at a minimum, the following |
7 | | information: |
8 | | (1) the identity of the subscriber; |
9 | | (2) confirmation that the person on the call is |
10 | | authorized to make the supplier change; |
11 | | (3) confirmation that the person on the call wants to |
12 | | make the supplier change; |
13 | | (4) the names of the suppliers affected by the change; |
14 | | (5) the service address of the supply to be switched; |
15 | | and |
16 | | (6) the price of the service to be supplied and the |
17 | | material terms and conditions of the service being offered, |
18 | | including whether any early termination fees apply.
|
19 | | Submitting suppliers shall maintain and preserve the audio |
20 | | records containing the information set forth above for a |
21 | | minimum period of 2 years.
|
22 | | (c-5) An electric supplier shall not automatically renew a |
23 | | contract with a residential customer at a rate higher than the |
24 | | initial term of the contract or automatically change or renew a |
25 | | fixed rate contract to a variable rate contract. A residential |
26 | | customer may agree to a contract renewal at a rate higher than |
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1 | | the initial term of the contract if the requirements in |
2 | | paragraphs (v) and (vi) of subsection (a) of Section 16-115A of |
3 | | the Public Utilities Act have been met and the residential |
4 | | customer expressly consents to the contract renewal in writing |
5 | | or by an electronic signature. A residential customer may void |
6 | | a contract renewal or a variable rate contract if the |
7 | | requirements in paragraphs (v) and (vi) of subsection (a) of |
8 | | Section 16-115A of the Public Utilities Act have not been met. |
9 | | (d) Complaints may be filed with the Illinois Commerce |
10 | | Commission under this Section by a subscriber whose electric |
11 | | service has been provided by an electric service supplier in a |
12 | | manner not in compliance with this Section. If, after notice |
13 | | and hearing, the Commission finds that an electric service |
14 | | provider has violated this Section, the Commission may in its |
15 | | discretion do any one or more of the following: |
16 | | (1) Require the violating electric service provider to |
17 | | refund to the subscriber charges collected in excess of |
18 | | those that would have been charged by the subscriber's |
19 | | authorized electric service provider. |
20 | | (2) Require the violating electric service provider to |
21 | | pay to the subscriber's authorized electric supplier the |
22 | | amount the authorized electric supplier would have |
23 | | collected for the electric service. The Commission is |
24 | | authorized to reduce this payment by any amount already |
25 | | paid by the violating electric supplier to the subscriber's |
26 | | authorized provider for electric service. |
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1 | | (3) Require the violating electric subscriber to pay a |
2 | | fine of up to $1,000 into the Public Utility Fund for each |
3 | | repeated and intentional violation of this Section. |
4 | | (4) Issue a cease and desist order. |
5 | | (5) For a pattern of violation of this Section or for |
6 | | intentionally violating a cease and desist order, revoke |
7 | | the violating provider's certificate of service authority.
|
8 | | (d-5) A violation of Section 16-115A or 16-115E of the |
9 | | Public Utilities Act or the administrative rules adopted |
10 | | thereunder at 83 Ill. Adm. Code Part 412 constitutes a |
11 | | violation of this Section. |
12 | | (e) For purposes of this
Section, "electric service |
13 | | provider"
shall have the meaning given that phrase in
Section |
14 | | 6.5 of the
Attorney General Act.
|
15 | | (Source: P.A. 95-700, eff. 11-9-07.)
|
16 | | (815 ILCS 505/2DDD)
|
17 | | Sec. 2DDD. Alternative gas suppliers. |
18 | | (a) Definitions. |
19 | | (1) "Alternative gas supplier" has the same meaning as |
20 | | in Section 19-105 of the Public Utilities Act. |
21 | | (2) "Gas utility" has the same meaning as in Section |
22 | | 19-105 of the Public Utilities Act. |
23 | | (b) It is an unfair or deceptive act or practice within the |
24 | | meaning of Section 2 of this Act for any person to violate any |
25 | | provision of this Section. A violation of Section 19-115 or |
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1 | | 19-116 of the Alternative Gas Supplier Law or the |
2 | | administrative rules adopted thereunder at 83 Ill. Adm. Code |
3 | | Parts 501 and 551 also constitutes a violation of this Section. |
4 | | (c) Solicitation. |
5 | | (1) An alternative gas supplier shall not misrepresent |
6 | | the affiliation of any alternative supplier with the gas |
7 | | utility, governmental bodies, or consumer groups. |
8 | | (2) If any sales solicitation, agreement, contract, or |
9 | | verification is translated into another language and |
10 | | provided to a customer, all of the documents must be |
11 | | provided to the customer in that other language. |
12 | | (3) An alternative gas supplier shall clearly and |
13 | | conspicuously disclose the following information to all |
14 | | customers: |
15 | | (A) the prices, terms, and conditions of the |
16 | | products and services being sold to the customer; |
17 | | (B) where the solicitation occurs in person, |
18 | | including through door-to-door solicitation, the |
19 | | salesperson's name; |
20 | | (C) the alternative gas supplier's contact |
21 | | information, including the address, phone number, and |
22 | | website; |
23 | | (D) contact information for the Illinois Commerce |
24 | | Commission, including the toll-free number for |
25 | | consumer complaints and website; |
26 | | (E) a statement of the customer's right to rescind |
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1 | | the offer within 10 business days of the date on the |
2 | | utility's notice confirming the customer's decision to |
3 | | switch suppliers, as well as phone numbers for the |
4 | | supplier and utility that the consumer may use to |
5 | | rescind the contract; and |
6 | | (F) the amount of the early termination fee, if |
7 | | any. |
8 | | (4) Except as provided in paragraph (5) of this |
9 | | subsection (c), an alternative gas supplier shall send the |
10 | | information described in paragraph (3) of this subsection |
11 | | (c) to all customers within one business day of the |
12 | | authorization of a switch. |
13 | | (5) An alternative gas supplier engaging in |
14 | | door-to-door solicitation of consumers shall provide the |
15 | | information described in paragraph (3) of this subsection |
16 | | (c) during all door-to-door solicitations that result in a |
17 | | customer deciding to switch their supplier. |
18 | | (d) Customer Authorization. An alternative gas supplier |
19 | | shall not submit or execute a change in a customer's selection |
20 | | of a natural gas provider unless and until (i) the alternative |
21 | | gas supplier first discloses all material terms and conditions |
22 | | of the offer to the customer , including information that |
23 | | adequately discloses the prices, terms, and conditions of the |
24 | | products or services that the alternative gas supplier is |
25 | | offering or selling to the customer and the preceding 12 |
26 | | months' current utility gas supply charge as displayed on the |
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1 | | Natural Gas Choice website maintained by the Illinois Commerce |
2 | | Commission for the distribution utility serving the customer; |
3 | | (ii) the alternative gas supplier meets the requirements of |
4 | | Sections 19-115 and 19-116 of the Public Utilities Act ; (iii) |
5 | | (ii) the alternative gas supplier has obtained the customer's |
6 | | express agreement to accept the offer after the disclosure of |
7 | | all material terms and conditions of the offer; and (iv) (iii) |
8 | | the alternative gas supplier has confirmed the request for a |
9 | | change in accordance with one of the following procedures: |
10 | | (1) The alternative gas supplier has obtained the |
11 | | customer's written or electronically signed authorization |
12 | | in a form that meets the following requirements: |
13 | | (A) An alternative gas supplier shall obtain any |
14 | | necessary written or electronically signed |
15 | | authorization from a customer for a change in natural |
16 | | gas service by using a letter of agency as specified in |
17 | | this Section. Any letter of agency that does not |
18 | | conform with this Section is invalid. |
19 | | (B) The letter of agency shall be a separate |
20 | | document (or an easily separable document containing |
21 | | only the authorization language described in item (E) |
22 | | of this paragraph (1)) whose sole purpose is to |
23 | | authorize a natural gas provider change. The letter of |
24 | | agency must be signed and dated by the customer |
25 | | requesting the natural gas provider change. |
26 | | (C) The letter of agency shall not be combined with |
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1 | | inducements of any kind on the same document. |
2 | | (D) Notwithstanding items (A) and (B) of this |
3 | | paragraph (1), the letter of agency may be combined |
4 | | with checks that contain only the required letter of |
5 | | agency language prescribed in item (E) of this |
6 | | paragraph (1) and the necessary information to make the |
7 | | check a negotiable instrument. The letter of agency |
8 | | check shall not contain any promotional language or |
9 | | material. The letter of agency check shall contain in |
10 | | easily readable, bold face type on the face of the |
11 | | check, a notice that the consumer is authorizing a |
12 | | natural gas provider change by signing the check. The |
13 | | letter of agency language also shall be placed near the |
14 | | signature line on the back of the check. |
15 | | (E) At a minimum, the letter of agency must be |
16 | | printed with a print of sufficient size to be clearly |
17 | | legible, and must contain clear and unambiguous |
18 | | language that confirms: |
19 | | (i) the customer's billing name and address; |
20 | | (ii) the decision to change the natural gas |
21 | | provider from the current provider to the |
22 | | prospective alternative gas supplier; |
23 | | (iii) the terms, conditions, and nature of the |
24 | | service to be provided to the customer, including, |
25 | | but not limited to, the rates for the service |
26 | | contracted for by the customer; and |
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1 | | (iv) that the customer understands that any |
2 | | natural gas provider selection the customer |
3 | | chooses may involve a charge to the customer for |
4 | | changing the customer's natural gas provider. |
5 | | (F) Letters of agency shall not suggest or require |
6 | | that a customer take some action in order to retain the |
7 | | customer's current natural gas provider. |
8 | | (G) If any portion of a letter of agency is |
9 | | translated into another language, then all portions of |
10 | | the letter of agency must be translated into that |
11 | | language. |
12 | | (2) An appropriately qualified independent third party |
13 | | has obtained, in accordance with the procedures set forth |
14 | | in this paragraph (2), the customer's oral authorization to |
15 | | change natural gas providers that confirms and includes |
16 | | appropriate verification data. The independent third party |
17 | | must (i) not be owned, managed, controlled, or directed by |
18 | | the alternative gas supplier or the alternative gas |
19 | | supplier's marketing agent; (ii) not have any financial |
20 | | incentive to confirm provider change requests for the |
21 | | alternative gas supplier or the alternative gas supplier's |
22 | | marketing agent; and (iii) operate in a location physically |
23 | | separate from the alternative gas supplier or the |
24 | | alternative gas supplier's marketing agent. Automated |
25 | | third-party verification systems and 3-way conference |
26 | | calls may be used for verification purposes so long as the |
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1 | | other requirements of this paragraph (2) are satisfied. A |
2 | | alternative gas supplier or alternative gas supplier's |
3 | | sales representative initiating a 3-way conference call or |
4 | | a call through an automated verification system must drop |
5 | | off the call once the 3-way connection has been |
6 | | established. All third-party verification methods shall |
7 | | elicit, at a minimum, the following information: |
8 | | (A) the identity of the customer; |
9 | | (B) confirmation that the person on the call is |
10 | | authorized to make the provider change; |
11 | | (C) confirmation that the person on the call wants |
12 | | to make the provider change; |
13 | | (D) the names of the providers affected by the |
14 | | change; |
15 | | (E) the service address of the service to be |
16 | | switched; and |
17 | | (F) the price of the service to be provided and the |
18 | | material terms and conditions of the service being |
19 | | offered, including whether any early termination fees |
20 | | apply. |
21 | | Third-party verifiers may not market the alternative |
22 | | gas supplier's services. All third-party verifications |
23 | | shall be conducted in the same language that was used in |
24 | | the underlying sales transaction and shall be recorded in |
25 | | their entirety. Submitting alternative gas suppliers shall |
26 | | maintain and preserve audio records of verification of |
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1 | | customer authorization for a minimum period of 2 years |
2 | | after obtaining the verification. Automated systems must |
3 | | provide customers with an option to speak with a live |
4 | | person at any time during the call. |
5 | | (3) The alternative gas supplier has obtained the |
6 | | customer's electronic authorization to change natural gas |
7 | | service via telephone. Such authorization must elicit the |
8 | | information in paragraph (2)(A) through (F) of this |
9 | | subsection (d). Alternative gas suppliers electing to |
10 | | confirm sales electronically shall establish one or more |
11 | | toll-free telephone numbers exclusively for that purpose. |
12 | | Calls to the number or numbers shall connect a customer to |
13 | | a voice response unit, or similar mechanism, that makes a |
14 | | date-stamped, time-stamped recording of the required |
15 | | information regarding the alternative gas supplier change. |
16 | | The alternative gas supplier shall not use such |
17 | | electronic authorization systems to market its services. |
18 | | (4) When a consumer initiates the call to the |
19 | | prospective alternative gas supplier, in order to enroll |
20 | | the consumer as a customer, the prospective alternative gas |
21 | | supplier must, with the consent of the customer, make a |
22 | | date-stamped, time-stamped audio recording that elicits, |
23 | | at a minimum, the following information: |
24 | | (A) the identity of the customer; |
25 | | (B) confirmation that the person on the call is |
26 | | authorized to make the provider change; |
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1 | | (C) confirmation that the person on the call wants |
2 | | to make the provider change; |
3 | | (D) the names of the providers affected by the |
4 | | change; |
5 | | (E) the service address of the service to be |
6 | | switched; and |
7 | | (F) the price of the service to be supplied and the |
8 | | material terms and conditions of the service being |
9 | | offered, including whether any early termination fees |
10 | | apply. |
11 | | Submitting alternative gas suppliers shall maintain |
12 | | and preserve the audio records containing the information |
13 | | set forth above for a minimum period of 2 years. |
14 | | (5) In the event that a customer enrolls for service |
15 | | from an alternative gas supplier via an Internet website, |
16 | | the alternative gas supplier shall obtain an |
17 | | electronically signed letter of agency in accordance with |
18 | | paragraph (1) of this subsection (d) and any customer |
19 | | information shall be protected in accordance with all |
20 | | applicable statutes and rules. In addition, an alternative |
21 | | gas supplier shall provide the following when marketing via |
22 | | an Internet website: |
23 | | (A) The Internet enrollment website shall, at a |
24 | | minimum, include: |
25 | | (i) a copy of the alternative gas supplier's |
26 | | customer contract, which clearly and conspicuously |
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1 | | discloses all terms and conditions; and |
2 | | (ii) a conspicuous prompt for the customer to |
3 | | print or save a copy of the contract. |
4 | | (B) Any electronic version of the contract shall be |
5 | | identified by version number, in order to ensure the |
6 | | ability to verify the particular contract to which the |
7 | | customer assents. |
8 | | (C) Throughout the duration of the alternative gas |
9 | | supplier's contract with a customer, the alternative |
10 | | gas supplier shall retain and, within 3 business days |
11 | | of the customer's request, provide to the customer an |
12 | | e-mail, paper, or facsimile of the terms and conditions |
13 | | of the numbered contract version to which the customer |
14 | | assents. |
15 | | (D) The alternative gas supplier shall provide a |
16 | | mechanism by which both the submission and receipt of |
17 | | the electronic letter of agency are recorded by time |
18 | | and date. |
19 | | (E) After the customer completes the electronic |
20 | | letter of agency, the alternative gas supplier shall |
21 | | disclose conspicuously through its website that the |
22 | | customer has been enrolled and the alternative gas |
23 | | supplier shall provide the customer an enrollment |
24 | | confirmation number. |
25 | | (6) When a customer is solicited in person by the |
26 | | alternative gas supplier's sales agent, the alternative |
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1 | | gas supplier may only obtain the customer's authorization |
2 | | to change natural gas service through the method provided |
3 | | for in paragraph (2) of this subsection (d). |
4 | | Alternative gas suppliers must be in compliance with the |
5 | | provisions of this subsection (d) within 90 days after the |
6 | | effective date of this amendatory Act of the 95th General |
7 | | Assembly. |
8 | | (d-5) A gas supplier shall not automatically renew a |
9 | | contract with a residential customer at a rate higher than the |
10 | | initial term of the contract or automatically change or renew a |
11 | | fixed rate contract to a variable rate contract. A residential |
12 | | customer may agree to a contract renewal at a rate higher than |
13 | | the initial term of the contract if the requirements in |
14 | | paragraphs (8) and (9) of subsection (b) of Section 19-115 of |
15 | | the Public Utilities Act have been met and the residential |
16 | | customer expressly consents to the contract renewal in writing |
17 | | or by an electronic signature. A residential customer may void |
18 | | a contract renewal or a variable rate contract if the |
19 | | requirements in paragraphs (8) and (9) of subsection (b) of |
20 | | Section 19-115 of the Public Utilities Act have not been met. |
21 | | (e) Early Termination. |
22 | | (1) Any agreement that contains an early termination |
23 | | clause shall disclose the amount of the early termination |
24 | | fee, provided that any early termination fee or penalty |
25 | | shall not exceed $50 total, regardless of whether or not |
26 | | the agreement is a multiyear agreement. |
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1 | | (2) In any agreement that contains an early termination |
2 | | clause, an alternative gas supplier shall provide the |
3 | | customer the opportunity to terminate the agreement |
4 | | without any termination fee or penalty within 10 business |
5 | | days after the date of the first bill issued to the |
6 | | customer for products or services provided by the |
7 | | alternative gas supplier. The agreement shall disclose the |
8 | | opportunity and provide a toll-free phone number that the |
9 | | customer may call in order to terminate the agreement. |
10 | | (f) The alternative gas supplier shall provide each |
11 | | customer the opportunity to rescind its agreement without |
12 | | penalty within 10 business days after the date on the gas |
13 | | utility notice to the customer. The alternative gas supplier |
14 | | shall disclose to the customer all of the following: |
15 | | (1) that the gas utility shall send a notice confirming |
16 | | the switch; |
17 | | (2) that from the date the utility issues the notice |
18 | | confirming the switch, the customer shall have 10 business |
19 | | days before the switch will become effective; |
20 | | (3) that the customer may contact the gas utility or |
21 | | the alternative gas supplier to rescind the switch within |
22 | | 10 business days; and |
23 | | (4) the contact information for the gas utility and the |
24 | | alternative gas supplier. |
25 | | The alternative gas supplier disclosure shall be included |
26 | | in its sales solicitations, contracts, and all applicable sales |
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1 | | verification scripts. |
2 | | (g) The provisions of this Section shall apply only to |
3 | | alternative gas suppliers serving or seeking to serve |
4 | | residential and small commercial customers and only to the |
5 | | extent such alternative gas suppliers provide services to |
6 | | residential and small commercial customers.
|
7 | | (Source: P.A. 97-333, eff. 8-12-11.) |
8 | | Section 90. This Act supersedes any conflicting provision |
9 | | of 83 Ill. Adm. Code 280, and any ambiguity shall be resolved |
10 | | in favor of the customer or prospective customer.
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11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law.".
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