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Rep. Gregory Harris
Filed: 5/24/2018
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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 16-115A, 16-118, 19-115, 19-130, 19-135, and 20-110 |
6 | | and by adding Sections 16-115E and 19-116 as follows:
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7 | | (220 ILCS 5/16-115A)
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8 | | Sec. 16-115A.
Obligations of alternative retail electric
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9 | | suppliers.
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10 | | (a) An alternative retail electric supplier shall :
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11 | | (i) shall comply with the requirements imposed on |
12 | | public
utilities by Sections 8-201 through 8-207, 8-301, |
13 | | 8-505
and 8-507 of this Act, to the extent that these |
14 | | Sections
have application to the services being offered by |
15 | | the
alternative retail electric supplier; and
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16 | | (ii) shall continue to comply with the requirements for
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1 | | certification stated in subsection (d) of Section 16-115 ; .
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2 | | (iii) on January 1, 2019, and every first day of each |
3 | | quarter thereafter, shall submit to the Commission and the |
4 | | Office of the Attorney General the rates the retail |
5 | | electric supplier charged to residential customers in the |
6 | | prior quarter, including each distinct rate charged and |
7 | | whether the rate was a fixed or variable rate, the basis |
8 | | for the variable rate, and any fees charged in addition to |
9 | | the supply rate, including monthly fees, flat fees, or |
10 | | other service charges; |
11 | | (iv) shall make publicly available on its website, |
12 | | without the need for a customer login, rate information for |
13 | | all of its variable, time-of-use, and fixed rate contracts |
14 | | currently available to residential customers, including, |
15 | | but not limited to, fixed monthly charges, early |
16 | | termination charges, and kilowatt-hour charges; |
17 | | (v) no less than 30 days but no more than 60 days |
18 | | before a residential customer's price per kilowatt hour or |
19 | | other charge changes, shall send a separate written notice |
20 | | by United States Mail or electronic mail, as specified by |
21 | | the residential customer, addressed to the residential |
22 | | customer informing the residential customer of the |
23 | | upcoming change in price or other charge; the changed price |
24 | | per kilowatt hour or other charge shall be included in the |
25 | | notice and shall not require the residential customer to |
26 | | visit or log on to a website to obtain the change in price |
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1 | | or other charge; the telephone number and email address to |
2 | | contact the supplier shall be included in the notice; and |
3 | | (vi) shall not automatically renew a contract with a |
4 | | residential customer at a rate higher than the initial term |
5 | | of the contract or automatically change or renew a fixed |
6 | | rate contract to a variable rate contract. A residential |
7 | | customer may agree to a contract renewal at a rate higher |
8 | | than the initial term of the contract if the notice |
9 | | requirements in paragraph (v) have been met and the |
10 | | residential customer expressly consents to the contract |
11 | | renewal in writing or by an electronic signature. A |
12 | | residential customer may void a variable rate contract |
13 | | unless the residential customer received a disclosure |
14 | | showing the prior 12 months of charges under the variable |
15 | | rate contract and the disclosures required by paragraph (i) |
16 | | of subsection (e) before expressly consenting to the |
17 | | contract renewal. |
18 | | (b) An alternative retail electric supplier shall obtain |
19 | | verifiable
authorization from a customer, in a form or manner |
20 | | approved by the Commission
consistent with Section 2EE of the |
21 | | Consumer Fraud and Deceptive Business
Practices Act, before the |
22 | | customer is switched from another supplier.
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23 | | (c) No alternative retail electric supplier, or electric
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24 | | utility other than the electric utility in whose service area
a |
25 | | customer is located, shall (i) enter into or employ any
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26 | | arrangements which have the effect of preventing a retail
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1 | | customer with a maximum electrical demand of less than one
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2 | | megawatt from having access to the services of the electric
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3 | | utility in whose service area the customer is located or (ii)
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4 | | charge retail customers for such access. This subsection shall |
5 | | not be
construed to prevent an arms-length agreement between a
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6 | | supplier and a retail customer that sets a term of service, |
7 | | notice
period for terminating service and provisions governing |
8 | | early
termination through a tariff or contract as allowed by |
9 | | Section 16-119.
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10 | | (d) An alternative retail electric supplier that is
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11 | | certified to serve residential or small commercial retail
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12 | | customers shall not:
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13 | | (1) deny service to a customer or group of customers
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14 | | nor establish any differences as to prices, terms,
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15 | | conditions, services, products, facilities, or in any
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16 | | other respect, whereby such denial or differences are based |
17 | | upon
race, gender or income , except as provided in Section |
18 | | 16-115E .
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19 | | (2) deny service to a customer or group of customers |
20 | | based on locality
nor establish any unreasonable |
21 | | difference as to prices,
terms, conditions, services, |
22 | | products, or facilities as
between localities.
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23 | | (e) An alternative retail electric supplier shall comply
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24 | | with the following requirements with respect to the marketing,
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25 | | offering and provision of products or services to residential
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26 | | and small commercial retail customers:
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1 | | (i) All Any marketing materials , including electronic |
2 | | marketing materials, in-person solicitations, and |
3 | | telephone solicitations, which make
statements concerning |
4 | | prices, terms and conditions
of service shall contain |
5 | | information that adequately
discloses the prices, terms |
6 | | and conditions of the
products or services that the |
7 | | alternative retail
electric supplier is offering or |
8 | | selling to the
customer and shall contain the Historical |
9 | | Prices to Compare from the immediately preceding 12 months |
10 | | as displayed on the Plug-In Illinois website maintained by |
11 | | the Illinois Commerce Commission . The disclosure may group |
12 | | months during which the price to compare was unchanged and |
13 | | may include more than 12 months if the immediately |
14 | | preceding 12 months are included. All marketing materials, |
15 | | including, but not limited to, electronic marketing |
16 | | materials, in-person solicitations, and telephone |
17 | | solicitations, shall include the following statement: |
18 | | "(Name of alternative retail electric supplier) is not the |
19 | | same entity as your electric utility delivery company. You |
20 | | are not required to enroll with (name of alternative retail |
21 | | electric supplier). For information on comparison rates |
22 | | for utility electric supply service and understanding your |
23 | | electric supply choices, go to the Illinois Commerce |
24 | | Commission's free website at www.pluginillinois.org.". |
25 | | This paragraph (i) does not apply to goodwill or |
26 | | institutional advertising.
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1 | | (ii) Before any customer is switched from
another |
2 | | supplier, the alternative retail electric
supplier shall |
3 | | give the customer written information
that adequately |
4 | | discloses, in plain language, the
prices, terms and |
5 | | conditions of the products and
services being offered and |
6 | | sold to the customer.
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7 | | (iii) An alternative retail electric supplier
shall |
8 | | provide documentation to the Commission and to
customers |
9 | | that substantiates any claims made by the
alternative |
10 | | retail electric supplier regarding the
technologies and |
11 | | fuel types used to generate the
electricity offered or sold |
12 | | to customers.
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13 | | (iv) The alternative retail electric supplier
shall |
14 | | provide to the customer (1) itemized billing
statements |
15 | | that describe the products and services
provided to the |
16 | | customer and their prices, and (2)
an additional statement, |
17 | | at least annually, that
adequately discloses the average |
18 | | monthly prices, and
the terms and conditions, of the |
19 | | products and
services sold to the customer.
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20 | | (f) An alternative retail electric supplier may limit
the |
21 | | overall size or availability of a service offering by
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22 | | specifying one or more of the following: a maximum number of
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23 | | customers, maximum amount of electric load to be served, time
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24 | | period during which the offering will be available, or other
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25 | | comparable limitation, but not including the geographic
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26 | | locations of customers within the area which the alternative
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1 | | retail electric supplier is certificated to serve. The
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2 | | alternative retail electric supplier shall file the terms and
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3 | | conditions of such service offering including the applicable
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4 | | limitations with the Commission prior to making the service
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5 | | offering available to customers.
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6 | | (g) Nothing in this Section shall be construed as
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7 | | preventing an alternative retail electric supplier,
which is an |
8 | | affiliate of, or which contracts with, (i) an
industry or trade |
9 | | organization or association, (ii) a
membership organization or |
10 | | association that exists for a
purpose other than the purchase |
11 | | of electricity, or (iii)
another organization that meets |
12 | | criteria established in a rule
adopted by the Commission, from |
13 | | offering through the
organization or association services at |
14 | | prices, terms and
conditions that are available solely to the |
15 | | members of the
organization or association.
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16 | | (Source: P.A. 90-561, eff. 12-16-97.)
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17 | | (220 ILCS 5/16-115E new) |
18 | | Sec. 16-115E. Alternative retail electric supplier; |
19 | | utility assistance recipient. |
20 | | (a) Beginning 90 days after the effective date of this |
21 | | amendatory Act of the 100th General Assembly, no customer who |
22 | | has received financial assistance within the preceding 12 |
23 | | months from the Low Income Home Energy Assistance Program or |
24 | | the Percentage of Income Payment Plan shall be switched to an |
25 | | alternative retail electric supplier, unless: (1) the customer |
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1 | | is switched pursuant to a government aggregation program |
2 | | adopted in accordance with Section 1-92 of the Illinois Power |
3 | | Agency Act if the government aggregation program does not |
4 | | charge a supply charge that exceeds the public utility supply |
5 | | price, which is determined by comparing the total supply charge |
6 | | from the government aggregation program with the total supply |
7 | | charge that would apply to the customer for the billing period |
8 | | if the customer obtained supply from the utility; or (2) the |
9 | | customer is switched to a Commission-approved savings |
10 | | guarantee plan as described in subsection (b). |
11 | | (b) Beginning January 1, 2020, an alternative retail |
12 | | electric supplier may apply to the Commission to offer a |
13 | | savings guarantee plan to recipients of Low Income Home Energy |
14 | | Assistance Program funding or Percentage of Income Payment Plan |
15 | | funding. The Commission shall initiate a public, docketed |
16 | | proceeding to consider whether or not to approve an alternative |
17 | | retail electric supplier's application to offer a savings |
18 | | guarantee plan. At a minimum, the savings guarantee plan shall |
19 | | charge customers for electric supply an amount that is less |
20 | | than the amount the public utility charges for electric supply. |
21 | | The Commission shall adopt rules to implement this subsection. |
22 | | (c) An agreement entered into between an alternative retail |
23 | | electric supplier and a customer in violation of this Section |
24 | | is void and unenforceable. If an alternative retail electric |
25 | | supplier attempts to enroll a customer in violation of this |
26 | | Section, the electric utility shall deny the supplier switch |
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1 | | and inform the alternative retail electric supplier of the |
2 | | reason.
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3 | | (220 ILCS 5/16-118)
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4 | | Sec. 16-118. Services provided by electric utilities to
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5 | | alternative retail electric suppliers.
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6 | | (a) It is in the best interest of Illinois energy
consumers |
7 | | to promote fair and open competition in the
provision of |
8 | | electric power and energy and to prevent
anticompetitive |
9 | | practices in the provision of electric power
and energy.
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10 | | Therefore, to the extent an electric utility provides electric |
11 | | power and energy
or delivery services to alternative retail |
12 | | electric suppliers and such services
are not subject to the |
13 | | jurisdiction of the Federal Energy
Regulatory Commission, and |
14 | | are not competitive services, they
shall be provided through |
15 | | tariffs that are filed with the
Commission, pursuant to Article |
16 | | IX of this Act.
Each electric utility shall permit alternative
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17 | | retail electric suppliers to interconnect facilities to those
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18 | | owned by the utility provided they meet established standards
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19 | | for such interconnection, and may provide standby or other
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20 | | services to alternative retail electric suppliers. The
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21 | | alternative retail electric supplier shall sign a contract
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22 | | setting forth the prices, terms and conditions for
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23 | | interconnection with the electric utility and the prices,
terms |
24 | | and conditions for services provided by the electric
utility to |
25 | | the alternative retail electric supplier in
connection with the |
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1 | | delivery by the electric utility of
electric power and energy |
2 | | supplied by the alternative retail
electric supplier.
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3 | | (b) An electric utility shall file a tariff pursuant to |
4 | | Article IX of the
Act that would allow alternative retail |
5 | | electric suppliers or electric
utilities other than the |
6 | | electric utility in whose service area retail
customers are
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7 | | located to issue single bills to the retail customers for both |
8 | | the services
provided by such alternative retail electric |
9 | | supplier or other electric utility
and the delivery services |
10 | | provided by the electric utility to such customers.
The tariff |
11 | | filed pursuant to this subsection shall (i) require partial |
12 | | payments
made by retail customers to be credited first to the |
13 | | electric utility's
tariffed services, (ii) impose commercially |
14 | | reasonable terms with respect to
credit and collection, |
15 | | including requests for deposits, (iii) retain the
electric |
16 | | utility's right to disconnect the retail customers, if it does |
17 | | not
receive payment for its tariffed services, in the same |
18 | | manner that it would be
permitted to if it had billed for the |
19 | | services itself, and (iv) require the
alternative retail |
20 | | electric supplier or other electric utility that elects the
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21 | | billing option provided by this tariff to include on each bill |
22 | | to retail
customers an identification of the electric utility |
23 | | providing the delivery
services and a listing of the charges |
24 | | applicable to such services. The tariff
filed pursuant to this |
25 | | subsection may also include other just and reasonable
terms and |
26 | | conditions. In addition,
an electric utility, an alternative |
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1 | | retail electric
supplier or electric utility other than the |
2 | | electric utility
in whose service area the customer is located, |
3 | | and a customer
served by such alternative retail electric |
4 | | supplier or other
electric utility, may enter into an agreement |
5 | | pursuant to
which the alternative retail electric supplier or |
6 | | other
electric utility pays the charges specified in Section |
7 | | 16-108,
or other customer-related charges, including taxes and |
8 | | fees,
in lieu of such charges being recovered by the electric
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9 | | utility directly from the customer. |
10 | | (c) An electric utility with more than 100,000 customers |
11 | | shall file a tariff pursuant to Article IX of this Act that |
12 | | provides alternative retail electric suppliers, and electric |
13 | | utilities other than the electric utility in whose service area |
14 | | the retail customers are located, with the option to have the |
15 | | electric utility purchase their receivables for power and |
16 | | energy service provided to residential retail customers and |
17 | | non-residential retail customers with a non-coincident peak |
18 | | demand of less than 400 kilowatts. Receivables for power and |
19 | | energy service of alternative retail electric suppliers or |
20 | | electric utilities other than the electric utility in whose |
21 | | service area the retail customers are located shall be |
22 | | purchased by the electric utility at a just and reasonable |
23 | | discount rate to be reviewed and approved by the Commission |
24 | | after notice and hearing. The discount rate shall be based on |
25 | | the electric utility's historical bad debt and any reasonable |
26 | | start-up costs and administrative costs associated with the |
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1 | | electric utility's purchase of receivables. The discounted |
2 | | rate for purchase of receivables shall be included in the |
3 | | tariff filed pursuant to this subsection (c). The discount rate |
4 | | filed pursuant to this subsection (c) shall be subject to |
5 | | periodic Commission review. The electric utility retains the |
6 | | right to impose the same terms on retail customers with respect |
7 | | to credit and collection, including requests for deposits, and |
8 | | retain the electric utility's right to disconnect the retail |
9 | | customers, if it does not receive payment for its tariffed |
10 | | services or purchased receivables, in the same manner that it |
11 | | would be permitted to if the retail customers purchased power |
12 | | and energy from the electric utility. The tariff filed pursuant |
13 | | to this subsection (c) shall permit the electric utility to |
14 | | recover from retail customers any uncollected receivables that |
15 | | may arise as a result of the purchase of receivables under this |
16 | | subsection (c), may also include other just and reasonable |
17 | | terms and conditions, and shall provide for the prudently |
18 | | incurred costs associated with the provision of this service |
19 | | pursuant to this subsection (c). Nothing in this subsection (c) |
20 | | permits the double recovery of bad debt expenses from |
21 | | customers. |
22 | | (d) An electric utility with more than 100,000 customers |
23 | | shall file a tariff pursuant to Article IX of this Act that |
24 | | would provide alternative retail electric suppliers or |
25 | | electric utilities other than the electric utility in whose |
26 | | service area retail customers are located with the option to |
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1 | | have the electric utility produce and provide single bills to |
2 | | the retail customers for both the electric power and energy |
3 | | service provided by the alternative retail electric supplier or |
4 | | other electric utility and the delivery services provided by |
5 | | the electric utility to the customers. The tariffs filed |
6 | | pursuant to this subsection shall require the electric utility |
7 | | to collect and remit customer payments for electric power and |
8 | | energy service provided by alternative retail electric |
9 | | suppliers or electric utilities other than the electric utility |
10 | | in whose service area retail customers are located. The tariff |
11 | | filed pursuant to this subsection shall require the electric |
12 | | utility to include on each bill to retail customers an |
13 | | identification of the alternative retail electric supplier or |
14 | | other electric utility that elects the billing option. The |
15 | | tariff filed pursuant to this subsection (d) may also include |
16 | | other just and reasonable terms and conditions and shall |
17 | | provide for the recovery of prudently incurred costs associated |
18 | | with the provision of service pursuant to this subsection (d). |
19 | | The costs associated with the provision of service pursuant to |
20 | | this Section shall be subject to periodic Commission review.
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21 | | (e) An electric utility with more than 100,000 customers in |
22 | | this State shall file a tariff pursuant to Article IX of this |
23 | | Act that provides alternative retail electric suppliers, and |
24 | | electric utilities other than the electric utility in whose |
25 | | service area the retail customers are located, with the option |
26 | | to have the electric utility purchase 2 billing cycles worth of |
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1 | | uncollectible receivables for power and energy service |
2 | | provided to residential retail customers and to |
3 | | non-residential retail customers with a non-coincident peak |
4 | | demand of less than 400 kilowatts upon returning that customer |
5 | | to that electric utility for delivery and energy service after |
6 | | that alternative retail electric supplier, or an electric |
7 | | utility other than the electric utility in whose service area |
8 | | the retail customer is located, has made reasonable collection |
9 | | efforts on that account. Uncollectible receivables for power |
10 | | and energy service of alternative retail electric suppliers, or |
11 | | electric utilities other than the electric utility in whose |
12 | | service area the retail customers are located, shall be |
13 | | purchased by the electric utility at a just and reasonable |
14 | | discount rate to be reviewed and approved by the Commission, |
15 | | after notice and hearing. The discount rate shall be based on |
16 | | the electric utility's historical bad debt for receivables that |
17 | | are outstanding for a similar length of time and any reasonable |
18 | | start-up costs and administrative costs associated with the |
19 | | electric utility's purchase of receivables. The discounted |
20 | | rate for purchase of uncollectible receivables shall be |
21 | | included in the tariff filed pursuant to this subsection (e). |
22 | | The electric utility retains the right to impose the same terms |
23 | | on these retail customers with respect to credit and |
24 | | collection, including requests for deposits, and retains the |
25 | | right to disconnect these retail customers, if it does not |
26 | | receive payment for its tariffed services or purchased |
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1 | | receivables, in the same manner that it would be permitted to |
2 | | if the retail customers had purchased power and energy from the |
3 | | electric utility. The tariff filed pursuant to this subsection |
4 | | (e) shall permit the electric utility to recover from retail |
5 | | customers any uncollectable receivables that may arise as a |
6 | | result of the purchase of uncollectible receivables under this |
7 | | subsection (e), may also include other just and reasonable |
8 | | terms and conditions, and shall provide for the prudently |
9 | | incurred costs associated with the provision of this service |
10 | | pursuant to this subsection (e). Nothing in this subsection (e) |
11 | | permits the double recovery of utility bad debt expenses from |
12 | | customers. The electric utility may file a joint tariff for |
13 | | this subsection (e) and subsection (c) of this Section.
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14 | | (f) Every electric utility that provides delivery-only and |
15 | | supply service to consumers shall include on each bill to |
16 | | residential retail customers the electric utility's total |
17 | | supply charge that would apply to the customer for the billing |
18 | | period if the customer obtained supply from the utility. This |
19 | | disclosure shall be made on the bill of each residential retail |
20 | | customer who purchases supply services from an alternative |
21 | | retail electric supplier and on the bill of each residential |
22 | | retail customer who purchases electric supply from the utility. |
23 | | (Source: P.A. 95-700, eff. 11-9-07.)
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24 | | (220 ILCS 5/19-115)
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25 | | Sec. 19-115. Obligations of alternative gas suppliers.
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1 | | (a) The provisions of this Section shall apply only to |
2 | | alternative gas
suppliers
serving or seeking to serve |
3 | | residential or small commercial customers and
only to the |
4 | | extent such
alternative gas suppliers provide services to |
5 | | residential or small
commercial customers.
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6 | | (b) An alternative gas supplier shall :
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7 | | (1) shall comply with the requirements imposed on |
8 | | public utilities by Sections
8-201 through 8-207, 8-301, |
9 | | 8-505 and 8-507 of this Act, to the
extent that these |
10 | | Sections have application to the services being
offered by |
11 | | the alternative gas supplier;
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12 | | (2) shall continue to comply with the requirements for |
13 | | certification stated
in
Section 19-110;
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14 | | (3) shall comply with complaint procedures established |
15 | | by the Commission; |
16 | | (4) except as provided in subsection (h) of this |
17 | | Section, shall file with the Chief Clerk of the Commission, |
18 | | within 20 business days after the effective date of this |
19 | | amendatory Act of the 95th General Assembly, a copy of bill |
20 | | formats, standard customer contract and customer complaint |
21 | | and resolution procedures, and the name and telephone |
22 | | number of the company representative whom Commission |
23 | | employees may contact to resolve customer complaints and |
24 | | other matters. In the case of a gas supplier that engages |
25 | | in door-to-door solicitation, the company shall file with |
26 | | the Commission the consumer information disclosure |
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1 | | required by item (3) of subsection (c) of Section 2DDD of |
2 | | the Consumer Fraud and Deceptive Business Practices Act and |
3 | | shall file updated information within 10 business days |
4 | | after changes in any of the documents or information |
5 | | required to be filed by this item (4); and |
6 | | (5) shall maintain a customer call center where |
7 | | customers can reach a representative and receive current |
8 | | information. At least once every 6 months, each alternative |
9 | | gas supplier shall provide written information to |
10 | | customers explaining how to contact the call center. The |
11 | | average answer time for calls placed to the call center |
12 | | shall not exceed 60 seconds where a representative or |
13 | | automated system is ready to render assistance and/or |
14 | | accept information to process calls. The abandon rate for |
15 | | calls placed to the call center shall not exceed 10%. Each |
16 | | alternative gas supplier shall maintain records of the call |
17 | | center's telephone answer time performance and abandon |
18 | | call rate. These records shall be kept for a minimum of 2 |
19 | | years and shall be made available to Commission personnel |
20 | | upon request. In the event that answer times and/or abandon |
21 | | rates exceed the limits established above, the reporting |
22 | | alternative gas supplier may provide the Commission or its |
23 | | personnel with explanatory details. At a minimum, these |
24 | | records shall contain the following information in monthly |
25 | | increments: |
26 | | (A) total number of calls received; |
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1 | | (B) number of calls answered; |
2 | | (C) average answer time; |
3 | | (D) number of abandoned calls; and |
4 | | (E) abandon call rate ; . |
5 | | (6) on January 1, 2019, and every first day of each |
6 | | quarter thereafter, shall submit to the Commission and the |
7 | | Office of the Attorney General the rates the retail gas |
8 | | supplier charged to residential customers in the prior |
9 | | quarter, including each distinct rate charged and whether |
10 | | the rate was a fixed or variable rate, the basis for the |
11 | | variable rate, and any fees charged in addition to the |
12 | | supply rate, including monthly fees, flat fees, or other |
13 | | service charges; |
14 | | (7) shall make publicly available on its website, |
15 | | without the need for a customer login, rate information for |
16 | | all of its variable, time-of-use, and fixed rate contracts |
17 | | currently available to residential customers, including, |
18 | | but not limited to, fixed monthly charges, early |
19 | | termination charges, and per therm charges; |
20 | | (8) no less than 30 days but no more than 60 days |
21 | | before a residential customer's price per therm or other |
22 | | charge changes, shall send a separate written notice by |
23 | | United States Mail or electronic mail, as specified by the |
24 | | residential customer, addressed to the residential |
25 | | customer informing the residential customer of the |
26 | | upcoming change in price or other charge; the changed price |
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1 | | per therm or other charge shall be included in the notice |
2 | | and shall not require the residential customer to visit or |
3 | | log on to a website to obtain the change in price or other |
4 | | charge; the telephone number and email address to contact |
5 | | the supplier shall be included in the notice; and |
6 | | (9) shall not automatically renew a contract with a |
7 | | residential customer at a rate higher than the initial term |
8 | | of the contract or automatically change or renew a fixed |
9 | | rate contract to a variable rate contract. A residential |
10 | | customer may agree to a contract renewal at a rate higher |
11 | | than the initial term of the contract if the notice |
12 | | requirements in paragraph (8) have been met and the |
13 | | residential customer expressly consents to the contract |
14 | | renewal in writing or by an electronic signature. A |
15 | | residential customer may void a variable rate contract |
16 | | unless the residential customer received a disclosure |
17 | | showing the prior 12 months of charges under the variable |
18 | | rate contract and the disclosures required by paragraph (1) |
19 | | of subsection (g) before expressly consenting to the |
20 | | contract renewal. |
21 | | Alternative gas suppliers that do not have electronic |
22 | | answering capability that meets these requirements shall |
23 | | notify the Manager of the Commission's Consumer Services |
24 | | Division or its successor within 30 days following the |
25 | | effective date of this amendatory Act of the 95th General |
26 | | Assembly and work with Staff to develop individualized |
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1 | | reporting requirements as to the call volume and responsiveness |
2 | | of the call center. |
3 | | On or before March 1 of every year, each entity shall file |
4 | | a report with the Chief Clerk of the Commission for the |
5 | | preceding calendar year on its answer time and abandon call |
6 | | rate for its call center. A copy of the report shall be sent to |
7 | | the Manager of the Consumer Services Division or its successor. |
8 | | (c) An alternative gas supplier shall not submit or execute |
9 | | a change in a customer's selection of a natural gas provider |
10 | | unless and until (i) the alternative gas supplier first |
11 | | discloses all material terms and conditions of the offer , |
12 | | including price, to the customer; (ii) the alternative gas |
13 | | supplier has obtained the customer's express agreement to |
14 | | accept the offer after the disclosure of all material terms and |
15 | | conditions of the offer; and (iii) the alternative gas supplier |
16 | | has confirmed the request for a change in accordance with one |
17 | | of the following procedures: |
18 | | (1) The alternative gas supplier has obtained the |
19 | | customer's written or electronically signed authorization |
20 | | in a form that meets the following requirements: |
21 | | (A) An alternative gas supplier shall obtain any |
22 | | necessary written or electronically signed |
23 | | authorization from a customer for a change in natural |
24 | | gas service by using a letter of agency as specified in |
25 | | this Section. Any letter of agency that does not |
26 | | conform with this Section is invalid. |
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1 | | (B) The letter of agency shall be a separate |
2 | | document (or an easily separable document containing |
3 | | only the authorization language described in item (E) |
4 | | of this paragraph (1)) whose sole purpose is to |
5 | | authorize a natural gas provider change. The letter of |
6 | | agency must be signed and dated by the customer |
7 | | requesting the natural gas provider change. |
8 | | (C) The letter of agency shall not be combined with |
9 | | inducements of any kind on the same document. |
10 | | (D) Notwithstanding items (A) and (B) of this |
11 | | paragraph (1), the letter of agency may be combined |
12 | | with checks that contain only the required letter of |
13 | | agency language prescribed in item (E) of this |
14 | | paragraph (1) and the necessary information to make the |
15 | | check a negotiable instrument. The letter of agency |
16 | | check shall not contain any promotional language or |
17 | | material. The letter of agency check shall contain in |
18 | | easily readable, bold face type on the face of the |
19 | | check a notice that the consumer is authorizing a |
20 | | natural gas provider change by signing the check. The |
21 | | letter of agency language also shall be placed near the |
22 | | signature line on the back of the check. |
23 | | (E) At a minimum, the letter of agency must be |
24 | | printed with a print of sufficient size to be clearly |
25 | | legible and must contain clear and unambiguous |
26 | | language that confirms: |
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1 | | (i) the customer's billing name and address; |
2 | | (ii) the decision to change the natural gas |
3 | | provider from the current provider to the |
4 | | prospective alternative gas supplier; |
5 | | (iii) the terms, conditions, and nature of the |
6 | | service to be provided to the customer, including, |
7 | | but not limited to, the rates for the service |
8 | | contracted for by the customer; and |
9 | | (iv) that the customer understands that any |
10 | | natural gas provider selection the customer |
11 | | chooses may involve a charge to the customer for |
12 | | changing the customer's natural gas provider. |
13 | | (F) Letters of agency shall not suggest or require |
14 | | that a customer take some action in order to retain the |
15 | | customer's current natural gas provider. |
16 | | (G) If any portion of a letter of agency is |
17 | | translated into another language, then all portions of |
18 | | the letter of agency must be translated into that |
19 | | language. |
20 | | (2) An appropriately qualified independent third party |
21 | | has obtained, in accordance with the procedures set forth |
22 | | in this paragraph (2), the customer's oral authorization to |
23 | | change natural gas providers that confirms and includes |
24 | | appropriate verification data. The independent third party |
25 | | must (i) not be owned, managed, controlled, or directed by |
26 | | the alternative gas supplier or the alternative gas |
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1 | | supplier's marketing agent; (ii) not have any financial |
2 | | incentive to confirm provider change requests for the |
3 | | alternative gas supplier or the alternative gas supplier's |
4 | | marketing agent; and (iii) operate in a location physically |
5 | | separate from the alternative gas supplier or the |
6 | | alternative gas supplier's marketing agent. Automated |
7 | | third-party verification systems and 3-way conference |
8 | | calls may be used for verification purposes so long as the |
9 | | other requirements of this paragraph (2) are satisfied. An |
10 | | alternative gas supplier or alternative gas supplier's |
11 | | sales representative initiating a 3-way conference call or |
12 | | a call through an automated verification system must drop |
13 | | off the call once the 3-way connection has been |
14 | | established. All third-party verification methods shall |
15 | | elicit, at a minimum, the following information: |
16 | | (A) the identity of the customer; |
17 | | (B) confirmation that the person on the call is |
18 | | authorized to make the provider change; |
19 | | (C) confirmation that the person on the call wants |
20 | | to make the provider change; |
21 | | (D) the names of the providers affected by the |
22 | | change; |
23 | | (E) the service address of the service to be |
24 | | switched; and |
25 | | (F) the price of the service to be provided and the |
26 | | material terms and conditions of the service being |
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1 | | offered, including whether any early termination fees |
2 | | apply. |
3 | | Third-party verifiers may not market the alternative |
4 | | gas supplier's services by providing additional |
5 | | information. All third-party verifications shall be |
6 | | conducted in the same language that was used in the |
7 | | underlying sales transaction and shall be recorded in their |
8 | | entirety. Submitting alternative gas suppliers shall |
9 | | maintain and preserve audio records of verification of |
10 | | customer authorization for a minimum period of 2 years |
11 | | after obtaining the verification. Automated systems must |
12 | | provide customers with an option to speak with a live |
13 | | person at any time during the call. |
14 | | (3) The alternative gas supplier has obtained the |
15 | | customer's authorization via an automated verification |
16 | | system to change natural gas service via telephone. An |
17 | | automated verification system is an electronic system |
18 | | that, through pre-recorded prompts, elicits voice |
19 | | responses, touchtone responses, or both, from the customer |
20 | | and records both the prompts and the customer's responses. |
21 | | Such authorization must elicit the information in |
22 | | paragraph (2)(A) through (F) of this subsection (c). |
23 | | Alternative gas suppliers electing to confirm sales |
24 | | electronically through an automated verification system |
25 | | shall establish one or more toll-free telephone numbers |
26 | | exclusively for that purpose. Calls to the number or |
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1 | | numbers shall connect a customer to a voice response unit, |
2 | | or similar mechanism, that makes a date-stamped, |
3 | | time-stamped recording of the required information |
4 | | regarding the alternative gas supplier change. |
5 | | The alternative gas supplier shall not use such |
6 | | electronic authorization systems to market its services. |
7 | | (4) When a consumer initiates the call to the |
8 | | prospective alternative gas supplier, in order to enroll |
9 | | the consumer as a customer, the prospective alternative gas |
10 | | supplier must, with the consent of the customer, make a |
11 | | date-stamped, time-stamped audio recording that elicits, |
12 | | at a minimum, the following information: |
13 | | (A) the identity of the customer; |
14 | | (B) confirmation that the person on the call is |
15 | | authorized to make the provider change; |
16 | | (C) confirmation that the person on the call wants |
17 | | to make the provider change; |
18 | | (D) the names of the providers affected by the |
19 | | change; |
20 | | (E) the service address of the service to be |
21 | | switched; and |
22 | | (F) the price of the service to be supplied and the |
23 | | material terms and conditions of the service being |
24 | | offered, including whether any early termination fees |
25 | | apply. |
26 | | Submitting alternative gas suppliers shall maintain |
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1 | | and preserve the audio records containing the information |
2 | | set forth above for a minimum period of 2 years. |
3 | | (5) In the event that a customer enrolls for service |
4 | | from an alternative gas supplier via an Internet website, |
5 | | the alternative gas supplier shall obtain an |
6 | | electronically signed letter of agency in accordance with |
7 | | paragraph (1) of this subsection (c) and any customer |
8 | | information shall be protected in accordance with all |
9 | | applicable statutes and regulations. In addition, an |
10 | | alternative gas supplier shall provide the following when |
11 | | marketing via an Internet website: |
12 | | (A) The Internet enrollment website shall, at a |
13 | | minimum, include: |
14 | | (i) a copy of the alternative gas supplier's |
15 | | customer contract that clearly and conspicuously |
16 | | discloses all terms and conditions; and |
17 | | (ii) a conspicuous prompt for the customer to |
18 | | print or save a copy of the contract. |
19 | | (B) Any electronic version of the contract shall be |
20 | | identified by version number, in order to ensure the |
21 | | ability to verify the particular contract to which the |
22 | | customer assents. |
23 | | (C) Throughout the duration of the alternative gas |
24 | | supplier's contract with a customer, the alternative |
25 | | gas supplier shall retain and, within 3 business days |
26 | | of the customer's request, provide to the customer an |
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1 | | e-mail, paper, or facsimile of the terms and conditions |
2 | | of the numbered contract version to which the customer |
3 | | assents. |
4 | | (D) The alternative gas supplier shall provide a |
5 | | mechanism by which both the submission and receipt of |
6 | | the electronic letter of agency are recorded by time |
7 | | and date. |
8 | | (E) After the customer completes the electronic |
9 | | letter of agency, the alternative gas supplier shall |
10 | | disclose conspicuously through its website that the |
11 | | customer has been enrolled, and the alternative gas |
12 | | supplier shall provide the customer an enrollment |
13 | | confirmation number. |
14 | | (6) When a customer is solicited in person by the |
15 | | alternative gas supplier's sales agent, the alternative |
16 | | gas supplier may only obtain the customer's authorization |
17 | | to change natural gas service through the method provided |
18 | | for in paragraph (2) of this subsection (c). |
19 | | Alternative gas suppliers must be in compliance with this |
20 | | subsection (c) within 90 days after the effective date of this |
21 | | amendatory Act of the 95th General Assembly. |
22 | | (d) Complaints may be filed with the Commission under this |
23 | | Section by a customer whose natural gas service has been |
24 | | provided by an alternative gas supplier in a manner not in |
25 | | compliance with subsection (c) of this Section. If, after |
26 | | notice and hearing, the Commission finds that an alternative |
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1 | | gas supplier has violated subsection (c), then the Commission |
2 | | may in its discretion do any one or more of the following: |
3 | | (1) Require the violating alternative gas supplier to |
4 | | refund the customer charges collected in excess of those |
5 | | that would have been charged by the customer's authorized |
6 | | natural gas provider. |
7 | | (2) Require the violating alternative gas supplier to |
8 | | pay to the customer's authorized natural gas provider the |
9 | | amount the authorized natural gas provider would have |
10 | | collected for natural gas service. The Commission is |
11 | | authorized to reduce this payment by any amount already |
12 | | paid by the violating alternative gas supplier to the |
13 | | customer's authorized natural gas provider. |
14 | | (3) Require the violating alternative gas supplier to |
15 | | pay a fine of up to $1,000 into the Public Utility Fund for |
16 | | each repeated and intentional violation of this Section. |
17 | | (4) Issue a cease and desist order. |
18 | | (5) For a pattern of violation of this Section or for |
19 | | intentionally violating a cease and desist order, revoke |
20 | | the violating alternative gas supplier's certificate of |
21 | | service authority.
|
22 | | (e) No alternative gas supplier shall:
|
23 | | (1) enter into or employ any
arrangements which have |
24 | | the effect of preventing any customer from having
access to
|
25 | | the services of the gas utility in whose service area the |
26 | | customer is located;
|
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1 | | (2) charge customers for such access;
|
2 | | (3) bill for goods or services not authorized by the |
3 | | customer; or |
4 | | (4) bill for a disputed amount where the alternative |
5 | | gas supplier has been provided notice of such dispute. The |
6 | | supplier shall attempt to resolve a dispute with the |
7 | | customer. When the dispute is not resolved to the |
8 | | customer's satisfaction, the supplier shall inform the |
9 | | customer of the right to file an informal complaint with |
10 | | the Commission and provide contact information. While the |
11 | | pending dispute is active at the Commission, an alternative |
12 | | gas supplier may bill only for the undisputed amount until |
13 | | the Commission has taken final action on the complaint. |
14 | | (f) An alternative gas supplier that is certified to serve |
15 | | residential
or small commercial customers shall not:
|
16 | | (1) deny service to a customer or group of customers |
17 | | nor
establish any differences as to prices, terms,
|
18 | | conditions, services, products, facilities, or in any |
19 | | other respect, whereby
such denial or differences are based |
20 | | upon race, gender, or income , except as provided in Section |
21 | | 19-116 ;
|
22 | | (2) deny service based on locality, nor establish any |
23 | | unreasonable
difference as to prices, terms, conditions, |
24 | | services, products, or facilities
as
between localities;
|
25 | | (3) include in any agreement a provision that obligates |
26 | | a customer to the terms of the agreement if the customer |
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1 | | (i) moves outside the State of Illinois; (ii) moves to a |
2 | | location without a transportation service program; or |
3 | | (iii) moves to a location where the customer will not |
4 | | require natural gas service, provided that nothing in this |
5 | | subsection precludes an alternative gas supplier from |
6 | | taking any action otherwise available to it to collect a |
7 | | debt that arises out of service provided to the customer |
8 | | before the customer moved; or |
9 | | (4) assign the agreement to any alternative natural gas |
10 | | supplier, unless: |
11 | | (A) the supplier is an alternative gas supplier |
12 | | certified by the Commission; |
13 | | (B) the rates, terms, and conditions of the |
14 | | agreement being assigned do not change during the |
15 | | remainder of the time covered by the agreement; |
16 | | (C) the customer is given no less than 30 days |
17 | | prior written notice of the assignment and contact |
18 | | information for the new supplier; and |
19 | | (D) the supplier assigning the contract provides |
20 | | contact information that a customer can use to resolve |
21 | | a dispute. |
22 | | (g) An alternative gas supplier shall comply with the |
23 | | following requirements
with respect to the marketing, |
24 | | offering, and provision of products or services:
|
25 | | (1) All Any marketing materials , including electronic |
26 | | marketing materials, in-person solicitations, and |
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1 | | telephone solicitations, which make statements concerning |
2 | | prices,
terms, and conditions of service shall contain |
3 | | information that
adequately discloses the prices, terms |
4 | | and conditions of the products
or services and shall |
5 | | contain the immediately preceding 12 months' current |
6 | | utility gas supply charge as displayed on the Natural Gas |
7 | | Choice website maintained by the Illinois Commerce |
8 | | Commission and the suppliers' charges for the same 12-month |
9 | | period for the contract rate offered to the customer . The |
10 | | disclosure may group months during which the price to |
11 | | compare was unchanged and may include more than 12 months |
12 | | if the immediately preceding 12 months are included. All |
13 | | marketing materials, including, but not limited to, |
14 | | electronic marketing materials, in-person solicitations, |
15 | | and telephone solicitations, that include a price per |
16 | | kilowatt hour for competitive electricity service shall |
17 | | include the following statement: "(Name of alternative gas |
18 | | supplier) is not the same entity as your gas utility |
19 | | delivery company. You are not required to enroll with (name |
20 | | of alternative gas supplier). For information on |
21 | | comparison rates for gas electric supply service and |
22 | | understanding your gas supply choices, go to the Illinois |
23 | | Commerce Commission's free website at |
24 | | www.icc.illinois.gov/ags/consumereducation.aspx.". This |
25 | | paragraph (1) does not apply to goodwill or institutional |
26 | | marketing.
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1 | | (2) Before any customer is switched from another |
2 | | supplier, the
alternative gas supplier shall give the |
3 | | customer written information
that clearly and |
4 | | conspicuously discloses, in plain language, the prices, |
5 | | terms, and
conditions of the products and services being |
6 | | offered and sold to the
customer. Nothing in this paragraph |
7 | | (2) may be read to relieve an alternative gas supplier from |
8 | | the duties imposed on it by item (3) of subsection (c) of |
9 | | Section 2DDD of the Consumer Fraud and Deceptive Business |
10 | | Practices Act.
|
11 | | (3) The alternative gas supplier shall provide to the |
12 | | customer:
|
13 | | (A) accurate, timely, and itemized billing |
14 | | statements that describe
the products and services
|
15 | | provided to the customer and their prices
and that |
16 | | specify the
gas consumption amount and any service
|
17 | | charges and taxes; provided that this item (g)(3)(A) |
18 | | does not apply to small
commercial customers;
|
19 | | (B) billing statements that clearly and |
20 | | conspicuously discloses the name and contact |
21 | | information for the alternative gas supplier; |
22 | | (C) an additional
statement, at least annually, |
23 | | that adequately discloses the average
monthly prices, |
24 | | and the terms and conditions, of the products and
|
25 | | services sold to the customer; provided that this item |
26 | | (g)(3)(C) does not
apply to small commercial |
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1 | | customers;
|
2 | | (D) refunds of any deposits with interest within 30 |
3 | | days after the
date
that the customer changes gas |
4 | | suppliers or discontinues service if the customer
has |
5 | | satisfied all of his or her outstanding financial |
6 | | obligations to the
alternative gas supplier at an |
7 | | interest rate set by the Commission which shall
be the |
8 | | same as that required of gas utilities; and
|
9 | | (E) refunds, in a timely fashion, of all undisputed |
10 | | overpayments upon
the oral or written request of the |
11 | | customer.
|
12 | | (4) An alternative gas supplier and its sales agents |
13 | | shall refrain from any direct marketing or soliciting to |
14 | | consumers on the gas utility's "Do Not Contact List", which |
15 | | the alternative gas supplier shall obtain on the 15th |
16 | | calendar day of the month from the gas utility in whose |
17 | | service area the consumer is provided with gas service. If |
18 | | the 15th calendar day is a non-business day, then the |
19 | | alternative gas supplier shall obtain the list on the next |
20 | | business day following the 15th calendar day of that month. |
21 | | (5) Early Termination. |
22 | | (A) Any agreement that contains an early |
23 | | termination clause shall disclose the amount of the |
24 | | early termination fee, provided that any early |
25 | | termination fee or penalty shall not exceed $50 total, |
26 | | regardless of whether or not the agreement is a |
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1 | | multiyear agreement. |
2 | | (B) In any agreement that contains an early |
3 | | termination clause, an alternative gas supplier shall |
4 | | provide the customer the opportunity to terminate the |
5 | | agreement without any termination fee or penalty |
6 | | within 10 business days after the date of the first |
7 | | bill issued to the customer for products or services |
8 | | provided by the alternative gas supplier. The |
9 | | agreement shall disclose the opportunity and provide a |
10 | | toll-free phone number that the customer may call in |
11 | | order to terminate the agreement. |
12 | | (6) Within 2 business days after electronic receipt of |
13 | | a customer switch from the alternative gas supplier and |
14 | | confirmation of eligibility, the gas utility shall provide |
15 | | the customer written notice confirming the switch. The gas |
16 | | utility shall not switch the service until 10 business days |
17 | | after the date on the notice to the customer. |
18 | | (7) The alternative gas supplier shall provide each |
19 | | customer the opportunity to rescind its agreement without |
20 | | penalty within 10 business days after the date on the gas |
21 | | utility notice to the customer. The alternative gas |
22 | | supplier shall disclose all of the following: |
23 | | (A) that the gas utility shall send a notice |
24 | | confirming the switch; |
25 | | (B) that from the date the utility issues the |
26 | | notice confirming the switch, the customer shall have |
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1 | | 10 business days to rescind the switch without penalty; |
2 | | (C) that the customer shall contact the gas utility |
3 | | or the alternative gas supplier to rescind the switch; |
4 | | and |
5 | | (D) the contact information for the gas utility. |
6 | | The alternative gas supplier disclosure shall be |
7 | | included in its sales solicitations, contracts, and all |
8 | | applicable sales verification scripts. |
9 | | (h) An alternative gas supplier may limit the overall size |
10 | | or availability
of
a
service offering by specifying one or more |
11 | | of the following:
|
12 | | (1) a maximum number
of
customers and maximum amount of |
13 | | gas load to be served;
|
14 | | (2) time period during which
the
offering will be |
15 | | available; or
|
16 | | (3) other comparable limitation, but not including
the
|
17 | | geographic locations of customers within the area which the |
18 | | alternative gas
supplier is
certificated to serve.
|
19 | | The alternative gas supplier shall file the terms and
|
20 | | conditions of
such service offering including the applicable |
21 | | limitations with the Commission
prior to
making the service |
22 | | offering available to customers.
|
23 | | (i) Nothing in this Section shall be construed as |
24 | | preventing an alternative
gas
supplier that is an affiliate of, |
25 | | or which contracts with,
(i) an industry or
trade
organization |
26 | | or association,
(ii) a membership organization or association |
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1 | | that
exists for
a purpose other than the purchase of gas, or
|
2 | | (iii) another organization that
meets criteria
established in a |
3 | | rule adopted by the Commission from offering through the
|
4 | | organization
or association services at prices, terms and |
5 | | conditions that are available
solely to the
members of the |
6 | | organization or association.
|
7 | | (Source: P.A. 95-1051, eff. 4-10-09.)
|
8 | | (220 ILCS 5/19-116 new) |
9 | | Sec. 19-116. Alternative gas supplier; utility assistance |
10 | | recipient. |
11 | | (a) Beginning 90 days after the effective date of this |
12 | | amendatory Act of the 100th General Assembly, no customer who |
13 | | has received financial assistance within the preceding 12 |
14 | | months from the Low Income Home Energy Assistance Program or |
15 | | the Percentage of Income Payment Plan shall be switched to an |
16 | | alternative gas supplier unless the customer is switched to a |
17 | | Commission-approved savings guarantee plan as described in |
18 | | subsection (b). |
19 | | (b) Beginning January 1, 2020, an alternative gas supplier |
20 | | may apply to the Commission to offer a savings guarantee plan |
21 | | to recipients of Low Income Home Energy Assistance Program |
22 | | funding or Percentage of Income Payment Plan funding. The |
23 | | Commission shall initiate a public, docketed proceeding to |
24 | | consider whether or not to approve an alternative gas |
25 | | supplier's application to offer a savings guarantee plan. At a |
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1 | | minimum, the savings guarantee plan shall charge customers for |
2 | | gas supply an amount that is less than the amount the public |
3 | | utility charges for gas supply. The Commission shall adopt |
4 | | rules to implement this subsection. |
5 | | (c) An agreement entered into between an alternative gas |
6 | | supplier and a customer in violation of this Section is void |
7 | | and unenforceable. If an alternative gas supplier attempts to |
8 | | enroll a customer in violation of this Section, the gas utility |
9 | | shall deny the supplier switch and inform the alternative gas |
10 | | supplier of the reason.
|
11 | | (220 ILCS 5/19-130)
|
12 | | Sec. 19-130. Commission study and report. The Commission's |
13 | | Office of Retail Market Development shall prepare an annual
|
14 | | report regarding the
development of competitive retail natural |
15 | | gas markets in Illinois. The Office shall monitor existing |
16 | | competitive conditions in Illinois, identify barriers to |
17 | | retail competition for all customer classes, and actively |
18 | | explore and propose to the Commission and to the General |
19 | | Assembly solutions to overcome identified barriers. Solutions |
20 | | proposed by the Office to promote retail competition must also |
21 | | promote safe, reliable, and affordable natural gas service. |
22 | | On or before October 1 of each year, beginning in 2015, the |
23 | | Director shall submit a report to the Commission, the General |
24 | | Assembly, and the Governor, that includes, at a minimum, the |
25 | | following
information:
|
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1 | | (1) an analysis of the status and development of the |
2 | | retail natural gas
market in the State of Illinois; and |
3 | | (2) a discussion of any identified barriers to the |
4 | | development of competitive retail natural gas markets in |
5 | | Illinois and proposed solutions to overcome identified |
6 | | barriers; and
|
7 | | (3) any other information the Office considers |
8 | | significant in
assessing
the development of natural gas
|
9 | | markets in the State of Illinois.
|
10 | | Beginning in 2020, the report shall include the information |
11 | | submitted to the Commission pursuant to paragraph (6) of |
12 | | subsection (b) of Section 19-115. |
13 | | (Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
|
14 | | (220 ILCS 5/19-135)
|
15 | | Sec. 19-135. Single billing. |
16 | | (a) It is the intent of the General Assembly
that in any |
17 | | service
area where customers are able to choose their natural |
18 | | gas supplier, a single
billing option shall be offered to |
19 | | customers for both the services provided by
the alternative gas |
20 | | supplier and the delivery services provided by the gas
utility. |
21 | | A gas utility shall file a tariff pursuant to Article IX of |
22 | | this Act
that allows alternative gas suppliers to issue single |
23 | | bills to residential and
small commercial customers for both |
24 | | the services provided by the alternative
gas supplier and the |
25 | | delivery services provided by the gas utility to
customers; |
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1 | | provided that if a form of single billing is being offered in a |
2 | | gas
utility's service area on the effective date of this |
3 | | amendatory Act of the
92nd General Assembly, that form of |
4 | | single billing shall remain in effect
unless and until |
5 | | otherwise ordered by the Commission. The gas utility shall |
6 | | include its current supply rate on the single bills issued to |
7 | | residential customers.
|
8 | | (b) Every gas utility that provides delivery-only and |
9 | | supply service to consumers shall include on each bill to each |
10 | | residential retail customer the gas utility's total supply |
11 | | charge for the billing period, including all fixed or monthly |
12 | | supply charges and other charges, credits, or rates that are |
13 | | part of the gas supply price. This disclosure shall be made on |
14 | | the bill of each residential retail customer who purchases |
15 | | supply services from an alternative gas supplier and on the |
16 | | bill of each residential retail customer who purchases gas |
17 | | supply from the utility. |
18 | | (Source: P.A. 92-852, eff. 8-26-02.)
|
19 | | (220 ILCS 5/20-110) |
20 | | Sec. 20-110. Office of Retail Market Development. Within 90 |
21 | | days after the effective date of this amendatory Act of the |
22 | | 94th General Assembly, subject to appropriation, the |
23 | | Commission shall establish an Office of Retail Market |
24 | | Development and employ on its staff a Director of Retail Market |
25 | | Development to oversee the Office. The Director shall have |
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1 | | authority to employ or otherwise retain at least 2 |
2 | | professionals dedicated to the task of actively seeking out |
3 | | ways to promote retail competition in Illinois to benefit all |
4 | | Illinois consumers. |
5 | | The Office shall actively seek input from all interested |
6 | | parties and shall develop a thorough understanding and critical |
7 | | analyses of the tools and techniques used to promote retail |
8 | | competition in other states. |
9 | | The Office shall monitor existing competitive conditions |
10 | | in Illinois, identify barriers to retail competition for all |
11 | | customer classes, and actively explore and propose to the |
12 | | Commission and to the General Assembly solutions to overcome |
13 | | identified barriers. The Director may include municipal |
14 | | aggregation of customers and creating and designing customer |
15 | | choice programs as tools for retail market development. |
16 | | Solutions proposed by the Office to promote retail competition |
17 | | must also promote safe, reliable, and affordable electric |
18 | | service. |
19 | | On or before June 30 of each year, the Director shall |
20 | | submit a report to the Commission, the General Assembly, and |
21 | | the Governor, that details specific accomplishments achieved |
22 | | by the Office in the prior 12 months in promoting retail |
23 | | electric competition and that suggests administrative and |
24 | | legislative action necessary to promote further improvements |
25 | | in retail electric competition. On or before June 30, 2020, and |
26 | | every year thereafter, the report shall include the information |
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1 | | submitted to the Commission pursuant to paragraph (iii) of |
2 | | subsection (a) of Section 16-115A.
|
3 | | (Source: P.A. 94-1095, eff. 2-2-07.) |
4 | | Section 10. The Consumer Fraud and Deceptive Business |
5 | | Practices Act is amended by changing Sections 2EE and 2DDD as |
6 | | follows:
|
7 | | (815 ILCS 505/2EE)
|
8 | | Sec. 2EE. Electric service provider selection. An electric |
9 | | service provider shall not submit or execute
a change in a |
10 | | subscriber's selection of a provider of electric
service unless |
11 | | and until (i) the provider first discloses all material terms |
12 | | and conditions of the offer to the subscriber , including |
13 | | information that adequately discloses the prices, terms, and |
14 | | conditions of the products or services that the alternative |
15 | | retail electric supplier is offering or selling to the customer |
16 | | and the Historical Prices to Compare from the preceding 12 |
17 | | months as displayed on the Plug-In Illinois website maintained |
18 | | by the Illinois Commerce Commission for the distribution |
19 | | utility serving the customer; (ii) the provider meets the |
20 | | requirements of Sections 16-115A and 16-115E of the Public |
21 | | Utilities Act ; (iii) (ii) the provider has obtained the |
22 | | subscriber's express agreement to accept the offer after the |
23 | | disclosure of all material terms and conditions of the offer; |
24 | | and (iv) (iii) the provider has confirmed the request for a |
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1 | | change in accordance with one of the following procedures:
|
2 | | (a) The new electric service provider has obtained the
|
3 | | subscriber's
written or electronically signed
authorization in |
4 | | a form that meets the
following requirements:
|
5 | | (1) An electric service provider shall obtain any
|
6 | | necessary written or electronically signed authorization |
7 | | from a subscriber for a
change in electric service by using |
8 | | a letter of agency as
specified in this
Section. Any letter |
9 | | of agency that does
not conform with this
Section is |
10 | | invalid.
|
11 | | (2) The letter of agency shall be a separate
document |
12 | | (an easily separable document containing only
the |
13 | | authorization language described in subparagraph (a)(5)
of |
14 | | this
Section) whose sole purpose is to authorize an
|
15 | | electric service provider change. The letter of agency
must |
16 | | be signed and dated by the subscriber requesting the
|
17 | | electric service provider change.
|
18 | | (3) The letter of agency shall not be combined with
|
19 | | inducements of any kind on the same document.
|
20 | | (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
|
21 | | this
Section, the letter of agency may be combined with
|
22 | | checks that contain only the required letter of agency
|
23 | | language prescribed in subparagraph (a)(5)
of this Section |
24 | | and
the necessary information to make the check a |
25 | | negotiable
instrument. The letter of agency check shall not |
26 | | contain
any promotional language or material. The letter of
|
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1 | | agency check shall contain in easily readable, bold-face
|
2 | | type on the face of the check, a notice that the consumer
|
3 | | is authorizing an electric service provider change by
|
4 | | signing the check. The letter of agency language also
shall |
5 | | be placed near the signature line on the back of
the check.
|
6 | | (5) At a minimum, the letter of agency must be
printed |
7 | | with a print of sufficient size to be clearly
legible, and |
8 | | must contain clear and unambiguous language
that confirms:
|
9 | | (i) The subscriber's billing name and address;
|
10 | | (ii) The decision to change the electric service
|
11 | | provider from the current provider to the
prospective |
12 | | provider;
|
13 | | (iii) The terms, conditions, and nature of the
|
14 | | service to be provided to the subscriber must be
|
15 | | clearly and conspicuously disclosed, in writing, and
|
16 | | an electric service provider must directly establish
|
17 | | the rates for the service contracted for by the
|
18 | | subscriber; and
|
19 | | (iv) That the subscriber understand that any
|
20 | | electric service provider selection the subscriber
|
21 | | chooses may involve a charge to the subscriber for
|
22 | | changing the subscriber's electric service provider.
|
23 | | (6) Letters of agency shall not suggest or require
that |
24 | | a subscriber take some action in order to retain the
|
25 | | subscriber's current electric service provider.
|
26 | | (7) If any portion of a letter of agency is
translated |
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1 | | into another language, then all portions of
the letter of |
2 | | agency must be translated into that
language.
|
3 | | (b) An appropriately qualified independent third party has |
4 | | obtained, in accordance with the procedures set forth in this |
5 | | subsection (b), the subscriber's oral authorization to change |
6 | | electric suppliers that confirms and includes appropriate |
7 | | verification data. The independent third party (i) must not be |
8 | | owned, managed, controlled, or directed by the supplier or the |
9 | | supplier's marketing agent; (ii) must not have any financial |
10 | | incentive to confirm supplier change requests for the supplier |
11 | | or the supplier's marketing agent; and (iii) must operate in a |
12 | | location physically separate from the supplier or the |
13 | | supplier's marketing agent.
|
14 | | Automated third-party verification systems and 3-way |
15 | | conference calls may be used for verification purposes so long |
16 | | as the other requirements of this subsection (b) are satisfied. |
17 | | A supplier or supplier's sales representative initiating a |
18 | | 3-way conference call or a call through an automated |
19 | | verification system must drop off the call once the 3-way |
20 | | connection has been established. |
21 | | All third-party verification methods shall elicit, at a |
22 | | minimum, the following information: (i) the identity of the |
23 | | subscriber; (ii) confirmation that the person on the call is |
24 | | authorized to make the supplier change; (iii) confirmation that |
25 | | the person on the call wants to make the supplier change; (iv) |
26 | | the names of the suppliers affected by the change; (v) the |
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1 | | service address of the supply to be switched; and (vi) the |
2 | | price of the service to be supplied and the material terms and |
3 | | conditions of the service being offered, including whether any |
4 | | early termination fees apply. Third-party verifiers may not |
5 | | market the supplier's services by providing additional |
6 | | information, including information regarding procedures to |
7 | | block or otherwise freeze an account against further changes. |
8 | | All third-party verifications shall be conducted in the |
9 | | same language that was used in the underlying sales transaction |
10 | | and shall be recorded in their entirety. Submitting suppliers |
11 | | shall maintain and preserve audio records of verification of |
12 | | subscriber authorization for a minimum period of 2 years after |
13 | | obtaining the verification. Automated systems must provide |
14 | | consumers with an option to speak with a live person at any |
15 | | time during the call.
|
16 | | (c) When a subscriber initiates the call to the prospective |
17 | | electric supplier, in order to enroll the subscriber as a |
18 | | customer, the prospective electric supplier must, with the |
19 | | consent of the customer, make a date-stamped, time-stamped |
20 | | audio recording that elicits, at a minimum, the following |
21 | | information: |
22 | | (1) the identity of the subscriber; |
23 | | (2) confirmation that the person on the call is |
24 | | authorized to make the supplier change; |
25 | | (3) confirmation that the person on the call wants to |
26 | | make the supplier change; |
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1 | | (4) the names of the suppliers affected by the change; |
2 | | (5) the service address of the supply to be switched; |
3 | | and |
4 | | (6) the price of the service to be supplied and the |
5 | | material terms and conditions of the service being offered, |
6 | | including whether any early termination fees apply.
|
7 | | Submitting suppliers shall maintain and preserve the audio |
8 | | records containing the information set forth above for a |
9 | | minimum period of 2 years.
|
10 | | (c-5) An electric supplier shall not automatically renew a |
11 | | contract with a residential customer at a rate higher than the |
12 | | initial term of the contract or automatically change or renew a |
13 | | fixed rate contract to a variable rate contract. A residential |
14 | | customer may agree to a contract renewal at a rate higher than |
15 | | the initial term of the contract if the requirements in |
16 | | paragraphs (v) and (vi) of subsection (a) of Section 16-115A of |
17 | | the Public Utilities Act have been met and the residential |
18 | | customer expressly consents to the contract renewal in writing |
19 | | or by an electronic signature. A residential customer may void |
20 | | a contract renewal or a variable rate contract if the |
21 | | requirements in paragraphs (v) and (vi) of subsection (a) of |
22 | | Section 16-115A of the Public Utilities Act have not been met. |
23 | | (d) Complaints may be filed with the Illinois Commerce |
24 | | Commission under this Section by a subscriber whose electric |
25 | | service has been provided by an electric service supplier in a |
26 | | manner not in compliance with this Section. If, after notice |
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1 | | and hearing, the Commission finds that an electric service |
2 | | provider has violated this Section, the Commission may in its |
3 | | discretion do any one or more of the following: |
4 | | (1) Require the violating electric service provider to |
5 | | refund to the subscriber charges collected in excess of |
6 | | those that would have been charged by the subscriber's |
7 | | authorized electric service provider. |
8 | | (2) Require the violating electric service provider to |
9 | | pay to the subscriber's authorized electric supplier the |
10 | | amount the authorized electric supplier would have |
11 | | collected for the electric service. The Commission is |
12 | | authorized to reduce this payment by any amount already |
13 | | paid by the violating electric supplier to the subscriber's |
14 | | authorized provider for electric service. |
15 | | (3) Require the violating electric subscriber to pay a |
16 | | fine of up to $1,000 into the Public Utility Fund for each |
17 | | repeated and intentional violation of this Section. |
18 | | (4) Issue a cease and desist order. |
19 | | (5) For a pattern of violation of this Section or for |
20 | | intentionally violating a cease and desist order, revoke |
21 | | the violating provider's certificate of service authority.
|
22 | | (d-5) A violation of Section 16-115A or 16-115E of the |
23 | | Public Utilities Act or the administrative rules adopted |
24 | | thereunder at 83 Ill. Adm. Code Part 412 constitutes a |
25 | | violation of this Section. |
26 | | (e) For purposes of this
Section, "electric service |
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1 | | provider"
shall have the meaning given that phrase in
Section |
2 | | 6.5 of the
Attorney General Act.
|
3 | | (Source: P.A. 95-700, eff. 11-9-07.)
|
4 | | (815 ILCS 505/2DDD)
|
5 | | Sec. 2DDD. Alternative gas suppliers. |
6 | | (a) Definitions. |
7 | | (1) "Alternative gas supplier" has the same meaning as |
8 | | in Section 19-105 of the Public Utilities Act. |
9 | | (2) "Gas utility" has the same meaning as in Section |
10 | | 19-105 of the Public Utilities Act. |
11 | | (b) It is an unfair or deceptive act or practice within the |
12 | | meaning of Section 2 of this Act for any person to violate any |
13 | | provision of this Section. A violation of Section 19-115 or |
14 | | 19-116 of the Alternative Gas Supplier Law or the |
15 | | administrative rules adopted thereunder at 83 Ill. Adm. Code |
16 | | Parts 501 and 551 also constitutes a violation of this Section. |
17 | | (c) Solicitation. |
18 | | (1) An alternative gas supplier shall not misrepresent |
19 | | the affiliation of any alternative supplier with the gas |
20 | | utility, governmental bodies, or consumer groups. |
21 | | (2) If any sales solicitation, agreement, contract, or |
22 | | verification is translated into another language and |
23 | | provided to a customer, all of the documents must be |
24 | | provided to the customer in that other language. |
25 | | (3) An alternative gas supplier shall clearly and |
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1 | | conspicuously disclose the following information to all |
2 | | customers: |
3 | | (A) the prices, terms, and conditions of the |
4 | | products and services being sold to the customer; |
5 | | (B) where the solicitation occurs in person, |
6 | | including through door-to-door solicitation, the |
7 | | salesperson's name; |
8 | | (C) the alternative gas supplier's contact |
9 | | information, including the address, phone number, and |
10 | | website; |
11 | | (D) contact information for the Illinois Commerce |
12 | | Commission, including the toll-free number for |
13 | | consumer complaints and website; |
14 | | (E) a statement of the customer's right to rescind |
15 | | the offer within 10 business days of the date on the |
16 | | utility's notice confirming the customer's decision to |
17 | | switch suppliers, as well as phone numbers for the |
18 | | supplier and utility that the consumer may use to |
19 | | rescind the contract; and |
20 | | (F) the amount of the early termination fee, if |
21 | | any. |
22 | | (4) Except as provided in paragraph (5) of this |
23 | | subsection (c), an alternative gas supplier shall send the |
24 | | information described in paragraph (3) of this subsection |
25 | | (c) to all customers within one business day of the |
26 | | authorization of a switch. |
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1 | | (5) An alternative gas supplier engaging in |
2 | | door-to-door solicitation of consumers shall provide the |
3 | | information described in paragraph (3) of this subsection |
4 | | (c) during all door-to-door solicitations that result in a |
5 | | customer deciding to switch their supplier. |
6 | | (d) Customer Authorization. An alternative gas supplier |
7 | | shall not submit or execute a change in a customer's selection |
8 | | of a natural gas provider unless and until (i) the alternative |
9 | | gas supplier first discloses all material terms and conditions |
10 | | of the offer to the customer , including information that |
11 | | adequately discloses the prices, terms, and conditions of the |
12 | | products or services that the alternative gas supplier is |
13 | | offering or selling to the customer and the preceding 12 |
14 | | months' current utility gas supply charge as displayed on the |
15 | | Natural Gas Choice website maintained by the Illinois Commerce |
16 | | Commission for the distribution utility serving the customer; |
17 | | (ii) the alternative gas supplier meets the requirements of |
18 | | Sections 19-115 and 19-116 of the Public Utilities Act ; (iii) |
19 | | (ii) the alternative gas supplier has obtained the customer's |
20 | | express agreement to accept the offer after the disclosure of |
21 | | all material terms and conditions of the offer; and (iv) (iii) |
22 | | the alternative gas supplier has confirmed the request for a |
23 | | change in accordance with one of the following procedures: |
24 | | (1) The alternative gas supplier has obtained the |
25 | | customer's written or electronically signed authorization |
26 | | in a form that meets the following requirements: |
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1 | | (A) An alternative gas supplier shall obtain any |
2 | | necessary written or electronically signed |
3 | | authorization from a customer for a change in natural |
4 | | gas service by using a letter of agency as specified in |
5 | | this Section. Any letter of agency that does not |
6 | | conform with this Section is invalid. |
7 | | (B) The letter of agency shall be a separate |
8 | | document (or an easily separable document containing |
9 | | only the authorization language described in item (E) |
10 | | of this paragraph (1)) whose sole purpose is to |
11 | | authorize a natural gas provider change. The letter of |
12 | | agency must be signed and dated by the customer |
13 | | requesting the natural gas provider change. |
14 | | (C) The letter of agency shall not be combined with |
15 | | inducements of any kind on the same document. |
16 | | (D) Notwithstanding items (A) and (B) of this |
17 | | paragraph (1), the letter of agency may be combined |
18 | | with checks that contain only the required letter of |
19 | | agency language prescribed in item (E) of this |
20 | | paragraph (1) and the necessary information to make the |
21 | | check a negotiable instrument. The letter of agency |
22 | | check shall not contain any promotional language or |
23 | | material. The letter of agency check shall contain in |
24 | | easily readable, bold face type on the face of the |
25 | | check, a notice that the consumer is authorizing a |
26 | | natural gas provider change by signing the check. The |
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1 | | letter of agency language also shall be placed near the |
2 | | signature line on the back of the check. |
3 | | (E) At a minimum, the letter of agency must be |
4 | | printed with a print of sufficient size to be clearly |
5 | | legible, and must contain clear and unambiguous |
6 | | language that confirms: |
7 | | (i) the customer's billing name and address; |
8 | | (ii) the decision to change the natural gas |
9 | | provider from the current provider to the |
10 | | prospective alternative gas supplier; |
11 | | (iii) the terms, conditions, and nature of the |
12 | | service to be provided to the customer, including, |
13 | | but not limited to, the rates for the service |
14 | | contracted for by the customer; and |
15 | | (iv) that the customer understands that any |
16 | | natural gas provider selection the customer |
17 | | chooses may involve a charge to the customer for |
18 | | changing the customer's natural gas provider. |
19 | | (F) Letters of agency shall not suggest or require |
20 | | that a customer take some action in order to retain the |
21 | | customer's current natural gas provider. |
22 | | (G) If any portion of a letter of agency is |
23 | | translated into another language, then all portions of |
24 | | the letter of agency must be translated into that |
25 | | language. |
26 | | (2) An appropriately qualified independent third party |
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1 | | has obtained, in accordance with the procedures set forth |
2 | | in this paragraph (2), the customer's oral authorization to |
3 | | change natural gas providers that confirms and includes |
4 | | appropriate verification data. The independent third party |
5 | | must (i) not be owned, managed, controlled, or directed by |
6 | | the alternative gas supplier or the alternative gas |
7 | | supplier's marketing agent; (ii) not have any financial |
8 | | incentive to confirm provider change requests for the |
9 | | alternative gas supplier or the alternative gas supplier's |
10 | | marketing agent; and (iii) operate in a location physically |
11 | | separate from the alternative gas supplier or the |
12 | | alternative gas supplier's marketing agent. Automated |
13 | | third-party verification systems and 3-way conference |
14 | | calls may be used for verification purposes so long as the |
15 | | other requirements of this paragraph (2) are satisfied. A |
16 | | alternative gas supplier or alternative gas supplier's |
17 | | sales representative initiating a 3-way conference call or |
18 | | a call through an automated verification system must drop |
19 | | off the call once the 3-way connection has been |
20 | | established. All third-party verification methods shall |
21 | | elicit, at a minimum, the following information: |
22 | | (A) the identity of the customer; |
23 | | (B) confirmation that the person on the call is |
24 | | authorized to make the provider change; |
25 | | (C) confirmation that the person on the call wants |
26 | | to make the provider change; |
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1 | | (D) the names of the providers affected by the |
2 | | change; |
3 | | (E) the service address of the service to be |
4 | | switched; and |
5 | | (F) the price of the service to be provided and the |
6 | | material terms and conditions of the service being |
7 | | offered, including whether any early termination fees |
8 | | apply. |
9 | | Third-party verifiers may not market the alternative |
10 | | gas supplier's services. All third-party verifications |
11 | | shall be conducted in the same language that was used in |
12 | | the underlying sales transaction and shall be recorded in |
13 | | their entirety. Submitting alternative gas suppliers shall |
14 | | maintain and preserve audio records of verification of |
15 | | customer authorization for a minimum period of 2 years |
16 | | after obtaining the verification. Automated systems must |
17 | | provide customers with an option to speak with a live |
18 | | person at any time during the call. |
19 | | (3) The alternative gas supplier has obtained the |
20 | | customer's electronic authorization to change natural gas |
21 | | service via telephone. Such authorization must elicit the |
22 | | information in paragraph (2)(A) through (F) of this |
23 | | subsection (d). Alternative gas suppliers electing to |
24 | | confirm sales electronically shall establish one or more |
25 | | toll-free telephone numbers exclusively for that purpose. |
26 | | Calls to the number or numbers shall connect a customer to |
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1 | | a voice response unit, or similar mechanism, that makes a |
2 | | date-stamped, time-stamped recording of the required |
3 | | information regarding the alternative gas supplier change. |
4 | | The alternative gas supplier shall not use such |
5 | | electronic authorization systems to market its services. |
6 | | (4) When a consumer initiates the call to the |
7 | | prospective alternative gas supplier, in order to enroll |
8 | | the consumer as a customer, the prospective alternative gas |
9 | | supplier must, with the consent of the customer, make a |
10 | | date-stamped, time-stamped audio recording that elicits, |
11 | | at a minimum, the following information: |
12 | | (A) the identity of the customer; |
13 | | (B) confirmation that the person on the call is |
14 | | authorized to make the provider change; |
15 | | (C) confirmation that the person on the call wants |
16 | | to make the provider change; |
17 | | (D) the names of the providers affected by the |
18 | | change; |
19 | | (E) the service address of the service to be |
20 | | switched; and |
21 | | (F) the price of the service to be supplied and the |
22 | | material terms and conditions of the service being |
23 | | offered, including whether any early termination fees |
24 | | apply. |
25 | | Submitting alternative gas suppliers shall maintain |
26 | | and preserve the audio records containing the information |
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1 | | set forth above for a minimum period of 2 years. |
2 | | (5) In the event that a customer enrolls for service |
3 | | from an alternative gas supplier via an Internet website, |
4 | | the alternative gas supplier shall obtain an |
5 | | electronically signed letter of agency in accordance with |
6 | | paragraph (1) of this subsection (d) and any customer |
7 | | information shall be protected in accordance with all |
8 | | applicable statutes and rules. In addition, an alternative |
9 | | gas supplier shall provide the following when marketing via |
10 | | an Internet website: |
11 | | (A) The Internet enrollment website shall, at a |
12 | | minimum, include: |
13 | | (i) a copy of the alternative gas supplier's |
14 | | customer contract, which clearly and conspicuously |
15 | | discloses all terms and conditions; and |
16 | | (ii) a conspicuous prompt for the customer to |
17 | | print or save a copy of the contract. |
18 | | (B) Any electronic version of the contract shall be |
19 | | identified by version number, in order to ensure the |
20 | | ability to verify the particular contract to which the |
21 | | customer assents. |
22 | | (C) Throughout the duration of the alternative gas |
23 | | supplier's contract with a customer, the alternative |
24 | | gas supplier shall retain and, within 3 business days |
25 | | of the customer's request, provide to the customer an |
26 | | e-mail, paper, or facsimile of the terms and conditions |
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1 | | of the numbered contract version to which the customer |
2 | | assents. |
3 | | (D) The alternative gas supplier shall provide a |
4 | | mechanism by which both the submission and receipt of |
5 | | the electronic letter of agency are recorded by time |
6 | | and date. |
7 | | (E) After the customer completes the electronic |
8 | | letter of agency, the alternative gas supplier shall |
9 | | disclose conspicuously through its website that the |
10 | | customer has been enrolled and the alternative gas |
11 | | supplier shall provide the customer an enrollment |
12 | | confirmation number. |
13 | | (6) When a customer is solicited in person by the |
14 | | alternative gas supplier's sales agent, the alternative |
15 | | gas supplier may only obtain the customer's authorization |
16 | | to change natural gas service through the method provided |
17 | | for in paragraph (2) of this subsection (d). |
18 | | Alternative gas suppliers must be in compliance with the |
19 | | provisions of this subsection (d) within 90 days after the |
20 | | effective date of this amendatory Act of the 95th General |
21 | | Assembly. |
22 | | (d-5) A gas 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 (8) and (9) of subsection (b) of Section 19-115 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 (8) and (9) of subsection (b) of |
8 | | Section 19-115 of the Public Utilities Act have not been met. |
9 | | (e) Early Termination. |
10 | | (1) Any agreement that contains an early termination |
11 | | clause shall disclose the amount of the early termination |
12 | | fee, provided that any early termination fee or penalty |
13 | | shall not exceed $50 total, regardless of whether or not |
14 | | the agreement is a multiyear agreement. |
15 | | (2) In any agreement that contains an early termination |
16 | | clause, an alternative gas supplier shall provide the |
17 | | customer the opportunity to terminate the agreement |
18 | | without any termination fee or penalty within 10 business |
19 | | days after the date of the first bill issued to the |
20 | | customer for products or services provided by the |
21 | | alternative gas supplier. The agreement shall disclose the |
22 | | opportunity and provide a toll-free phone number that the |
23 | | customer may call in order to terminate the agreement. |
24 | | (f) The alternative gas supplier shall provide each |
25 | | customer the opportunity to rescind its agreement without |
26 | | penalty within 10 business days after the date on the gas |
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1 | | utility notice to the customer. The alternative gas supplier |
2 | | shall disclose to the customer all of the following: |
3 | | (1) that the gas utility shall send a notice confirming |
4 | | the switch; |
5 | | (2) that from the date the utility issues the notice |
6 | | confirming the switch, the customer shall have 10 business |
7 | | days before the switch will become effective; |
8 | | (3) that the customer may contact the gas utility or |
9 | | the alternative gas supplier to rescind the switch within |
10 | | 10 business days; and |
11 | | (4) the contact information for the gas utility and the |
12 | | alternative gas supplier. |
13 | | The alternative gas supplier disclosure shall be included |
14 | | in its sales solicitations, contracts, and all applicable sales |
15 | | verification scripts. |
16 | | (g) The provisions of this Section shall apply only to |
17 | | alternative gas suppliers serving or seeking to serve |
18 | | residential and small commercial customers and only to the |
19 | | extent such alternative gas suppliers provide services to |
20 | | residential and small commercial customers.
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21 | | (Source: P.A. 97-333, eff. 8-12-11.) |
22 | | Section 90. This Act supersedes any conflicting provision |
23 | | of 83 Ill. Adm. Code 280, and any ambiguity shall be resolved |
24 | | in favor of the customer or prospective customer.
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