Rep. Jehan Gordon-Booth
Filed: 5/27/2019
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1 | AMENDMENT TO SENATE BILL 651
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2 | AMENDMENT NO. ______. Amend Senate Bill 651 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Home Energy | ||||||
5 | Affordability and Transparency (HEAT) Act. | ||||||
6 | Section 5. The Public Utilities Act is amended by changing | ||||||
7 | Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 16-123, | ||||||
8 | 19-110, 19-115, 19-120, 19-130, 19-135, and 20-110 and by | ||||||
9 | adding Sections 16-115E and 19-116 as follows:
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10 | (220 ILCS 5/16-115)
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11 | Sec. 16-115. Certification of alternative retail
electric | ||||||
12 | suppliers. | ||||||
13 | (a) Any alternative retail electric supplier must obtain
a | ||||||
14 | certificate of service authority from the Commission in
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15 | accordance with this Section before serving any retail
customer |
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1 | or other user located in this State. An alternative
retail | ||||||
2 | electric supplier may request, and the Commission may
grant, a | ||||||
3 | certificate of service authority for the entire State
or for a | ||||||
4 | specified geographic area of the State.
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5 | (b) An alternative retail electric supplier seeking a
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6 | certificate of service authority shall file with the
Commission | ||||||
7 | a verified application containing information
showing that the | ||||||
8 | applicant meets the requirements of this
Section. The | ||||||
9 | alternative retail electric supplier shall
publish notice of | ||||||
10 | its application in the official State
newspaper within 10 days | ||||||
11 | following the date of its filing. No
later than 45 days after | ||||||
12 | the application is properly filed
with the Commission, and such | ||||||
13 | notice is published, the
Commission shall issue its order | ||||||
14 | granting or denying the
application.
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15 | (c) An application for a certificate of service
authority | ||||||
16 | shall identify the area or areas in which the
applicant intends | ||||||
17 | to offer service and the types of services
it intends to offer. | ||||||
18 | Applicants that seek to serve
residential or small commercial | ||||||
19 | retail customers within a
geographic area that is smaller than | ||||||
20 | an electric utility's
service area shall submit evidence | ||||||
21 | demonstrating that the
designation of this smaller area does | ||||||
22 | not violate Section 16-115A. An applicant
that seeks to serve | ||||||
23 | residential or small
commercial retail customers may state in | ||||||
24 | its application for
certification any limitations that will be | ||||||
25 | imposed on the
number of customers or maximum load to be | ||||||
26 | served.
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1 | (d) The Commission shall grant the application for a
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2 | certificate of service authority if it makes the findings set
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3 | forth in this subsection
based on the verified
application and | ||||||
4 | such other information as the applicant may
submit:
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5 | (1) That the applicant possesses sufficient
technical, | ||||||
6 | financial and managerial resources and
abilities to | ||||||
7 | provide the service for which it seeks a
certificate of | ||||||
8 | service authority. In determining the
level of technical, | ||||||
9 | financial and managerial resources
and abilities which the | ||||||
10 | applicant must demonstrate, the
Commission shall consider | ||||||
11 | (i) the characteristics,
including the size and financial | ||||||
12 | sophistication, of the
customers that the applicant seeks | ||||||
13 | to serve, and (ii)
whether the applicant seeks to provide | ||||||
14 | electric power and
energy using property, plant and | ||||||
15 | equipment which it owns,
controls or operates;
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16 | (2) That the applicant will comply with all
applicable | ||||||
17 | federal, State, regional and industry rules,
policies, | ||||||
18 | practices and procedures for the use,
operation, and | ||||||
19 | maintenance of the safety, integrity and
reliability, of | ||||||
20 | the interconnected electric transmission
system;
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21 | (3) That the applicant will only provide service to
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22 | retail customers in an electric utility's service area
that | ||||||
23 | are eligible to take delivery services under this
Act;
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24 | (4) That the applicant will comply with such
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25 | informational or reporting requirements as the Commission
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26 | may by rule establish and provide the information required |
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1 | by Section 16-112.
Any data related to
contracts for the | ||||||
2 | purchase and sale of electric power and
energy shall be | ||||||
3 | made available for review by the Staff of
the Commission on | ||||||
4 | a confidential and proprietary basis
and only to the extent | ||||||
5 | and for the purposes which the
Commission determines are | ||||||
6 | reasonably necessary in order
to carry out the purposes of | ||||||
7 | this Act;
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8 | (5) That the applicant will procure renewable energy | ||||||
9 | resources in accordance with Section 16-115D of this Act, | ||||||
10 | and will source electricity from clean coal facilities, as | ||||||
11 | defined in Section 1-10 of the Illinois Power Agency Act, | ||||||
12 | in amounts at least equal to the percentages set forth in | ||||||
13 | subsections (c) and (d) of Section 1-75 of the Illinois | ||||||
14 | Power Agency Act. For purposes of this Section:
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15 | (i) (Blank); | ||||||
16 | (ii) (Blank); | ||||||
17 | (iii) the required sourcing of electricity | ||||||
18 | generated by clean coal facilities, other than the | ||||||
19 | initial clean coal facility, shall be limited to the | ||||||
20 | amount of electricity that can be procured or sourced | ||||||
21 | at a price at or below the benchmarks approved by the | ||||||
22 | Commission each year in accordance with item (1) of | ||||||
23 | subsection (c) and items (1) and (5) of subsection (d) | ||||||
24 | of Section 1-75 of the Illinois Power Agency Act; | ||||||
25 | (iv) all alternative retail electric suppliers | ||||||
26 | shall execute a sourcing agreement to source |
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1 | electricity from the initial clean coal facility, on | ||||||
2 | the terms set forth in paragraphs (3) and (4) of | ||||||
3 | subsection (d) of Section 1-75 of the Illinois Power | ||||||
4 | Agency Act, except that in lieu of the requirements in | ||||||
5 | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | ||||||
6 | paragraph (3) of that subsection (d), the applicant | ||||||
7 | shall execute one or more of the following: | ||||||
8 | (1) if the sourcing agreement is a power | ||||||
9 | purchase agreement, a contract with the initial | ||||||
10 | clean coal facility to purchase in each hour an | ||||||
11 | amount of electricity equal to all clean coal | ||||||
12 | energy made available from the initial clean coal | ||||||
13 | facility during such hour, which the utilities are | ||||||
14 | not required to procure under the terms of | ||||||
15 | subsection (d) of Section 1-75 of the Illinois | ||||||
16 | Power Agency Act, multiplied by a fraction, the | ||||||
17 | numerator of which is the alternative retail | ||||||
18 | electric supplier's retail market sales of | ||||||
19 | electricity (expressed in kilowatthours sold) in | ||||||
20 | the State during the prior calendar month and the | ||||||
21 | denominator of which is the total sales of | ||||||
22 | electricity (expressed in kilowatthours sold) in | ||||||
23 | the State by alternative retail electric suppliers | ||||||
24 | during such prior month that are subject to the | ||||||
25 | requirements of this paragraph (5) of subsection | ||||||
26 | (d) of this Section and subsection (d) of Section |
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1 | 1-75 of the Illinois Power Agency Act plus the | ||||||
2 | total sales of electricity (expressed in | ||||||
3 | kilowatthours sold) by utilities outside of their | ||||||
4 | service areas during such prior month, pursuant to | ||||||
5 | subsection (c) of Section 16-116 of this Act; or | ||||||
6 | (2) if the sourcing agreement is a contract for | ||||||
7 | differences, a contract with the initial clean | ||||||
8 | coal facility in each hour with respect to an | ||||||
9 | amount of electricity equal to all clean coal | ||||||
10 | energy made available from the initial clean coal | ||||||
11 | facility during such hour, which the utilities are | ||||||
12 | not required to procure under the terms of | ||||||
13 | subsection (d) of Section 1-75 of the Illinois | ||||||
14 | Power Agency Act, multiplied by a fraction, the | ||||||
15 | numerator of which is the alternative retail | ||||||
16 | electric supplier's retail market sales of | ||||||
17 | electricity (expressed in kilowatthours sold) in | ||||||
18 | the State during the prior calendar month and the | ||||||
19 | denominator of which is the total sales of | ||||||
20 | electricity (expressed in kilowatthours sold) in | ||||||
21 | the State by alternative retail electric suppliers | ||||||
22 | during such prior month that are subject to the | ||||||
23 | requirements of this paragraph (5) of subsection | ||||||
24 | (d) of this Section and subsection (d) of Section | ||||||
25 | 1-75 of the Illinois Power Agency Act plus the | ||||||
26 | total sales of electricity (expressed in |
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1 | kilowatthours sold) by utilities outside of their | ||||||
2 | service areas during such prior month, pursuant to | ||||||
3 | subsection (c) of Section 16-116 of this Act; | ||||||
4 | (v) if, in any year after the first year of | ||||||
5 | commercial operation, the owner of the clean coal | ||||||
6 | facility fails to demonstrate to the Commission that | ||||||
7 | the initial clean coal facility captured and | ||||||
8 | sequestered at least 50% of the total carbon emissions | ||||||
9 | that the facility would otherwise emit or that | ||||||
10 | sequestration of emissions from prior years has | ||||||
11 | failed, resulting in the release of carbon into the | ||||||
12 | atmosphere, the owner of the facility must offset | ||||||
13 | excess emissions. Any such carbon offsets must be | ||||||
14 | permanent, additional, verifiable, real, located | ||||||
15 | within the State of Illinois, and legally and | ||||||
16 | practicably enforceable. The costs of any such offsets | ||||||
17 | that are not recoverable shall not exceed $15 million | ||||||
18 | in any given year. No costs of any such purchases of | ||||||
19 | carbon offsets may be recovered from an alternative | ||||||
20 | retail electric supplier or its customers. All carbon | ||||||
21 | offsets purchased for this purpose and any carbon | ||||||
22 | emission credits associated with sequestration of | ||||||
23 | carbon from the facility must be permanently retired. | ||||||
24 | The initial clean coal facility shall not forfeit its | ||||||
25 | designation as a clean coal facility if the facility | ||||||
26 | fails to fully comply with the applicable carbon |
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1 | sequestration requirements in any given year, provided | ||||||
2 | the requisite offsets are purchased. However, the | ||||||
3 | Attorney General, on behalf of the People of the State | ||||||
4 | of Illinois, may specifically enforce the facility's | ||||||
5 | sequestration requirement and the other terms of this | ||||||
6 | contract provision. Compliance with the sequestration | ||||||
7 | requirements and offset purchase requirements that | ||||||
8 | apply to the initial clean coal facility shall be | ||||||
9 | reviewed annually by an independent expert retained by | ||||||
10 | the owner of the initial clean coal facility, with the | ||||||
11 | advance written approval of the Attorney General; | ||||||
12 | (vi) The Commission shall, after notice and | ||||||
13 | hearing, revoke the certification of any alternative | ||||||
14 | retail electric supplier that fails to execute a | ||||||
15 | sourcing agreement with the initial clean coal | ||||||
16 | facility as required by item (5) of subsection (d) of | ||||||
17 | this Section. The sourcing agreements with this | ||||||
18 | initial clean coal facility shall be subject to both | ||||||
19 | approval of the initial clean coal facility by the | ||||||
20 | General Assembly and satisfaction of the requirements | ||||||
21 | of item (4) of subsection (d) of Section 1-75 of the | ||||||
22 | Illinois Power Agency Act, and shall be executed within | ||||||
23 | 90 days after any such approval by the General | ||||||
24 | Assembly. The Commission shall not accept an | ||||||
25 | application for certification from an alternative | ||||||
26 | retail electric supplier that has lost certification |
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1 | under this subsection (d), or any corporate affiliate | ||||||
2 | thereof, for at least one year from the date of | ||||||
3 | revocation; | ||||||
4 | (6) With respect to an applicant that seeks to serve
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5 | residential or small commercial retail customers, that
the | ||||||
6 | area to be served by the applicant and any
limitations it | ||||||
7 | proposes on the number of customers or
maximum amount of | ||||||
8 | load to be served meet the provisions
of Section 16-115A, | ||||||
9 | provided, that the Commission can
extend the time for | ||||||
10 | considering such a certificate
request by up to 90 days, | ||||||
11 | and can schedule hearings on
such a request;
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12 | (7) That the applicant meets the requirements of | ||||||
13 | subsection (a) of Section
16-128; and
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14 | (8) That the applicant discloses whether the applicant | ||||||
15 | is the subject of any lawsuit filed in a court of law or | ||||||
16 | formal complaint filed with a regulatory agency alleging | ||||||
17 | fraud, deception, or unfair marketing practices or other | ||||||
18 | similar allegations and, if the applicant is the subject of | ||||||
19 | such lawsuit or formal complaint, the applicant shall | ||||||
20 | identify the name, case number, and jurisdiction of each | ||||||
21 | lawsuit or complaint. For the purpose of this item (8), | ||||||
22 | "formal complaint" includes only those complaints that | ||||||
23 | seek a binding determination from a State or federal | ||||||
24 | regulatory body; | ||||||
25 | (9) That the applicant shall continue to comply with | ||||||
26 | requirements for certification stated in this Section; |
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1 | (10) That the applicant shall execute and maintain a | ||||||
2 | license or permit bond issued by a qualifying surety or | ||||||
3 | insurance company authorized to transact business in the | ||||||
4 | State of Illinois in favor of the People of the State of | ||||||
5 | Illinois. The amount of the bond shall equal $30,000 if the | ||||||
6 | applicant seeks to serve only nonresidential retail | ||||||
7 | customers with maximum electrical demands of one megawatt | ||||||
8 | or more, $150,000 if the applicant seeks to serve only | ||||||
9 | non-residential retail customers with annual electrical | ||||||
10 | consumption greater than 15,000 kWh, or $500,000 if the | ||||||
11 | applicant seeks to serve all eligible customers. | ||||||
12 | Applicants shall be required to submit an additional | ||||||
13 | $500,000 bond if the applicant intends to market to | ||||||
14 | residential customers using in-person solicitations. The | ||||||
15 | bond shall be conditioned upon the full and faithful | ||||||
16 | performance of all duties and obligations of the applicant | ||||||
17 | as an alternative retail electric supplier and shall be | ||||||
18 | valid for a period of not less than one year. The cost of | ||||||
19 | the bond shall be paid by the applicant. The applicant | ||||||
20 | shall file a copy of this bond, with a notarized | ||||||
21 | verification page from the issuer, as part of its | ||||||
22 | application for certification under 83 Ill. Adm. Code 451; | ||||||
23 | and | ||||||
24 | (11) (8) That the applicant will comply with all other
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25 | applicable laws and regulations.
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26 | (d-3) The Commission may deny with prejudice an application |
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1 | in which the applicant fails to provide the Commission with | ||||||
2 | information sufficient for the Commission to grant the | ||||||
3 | application. | ||||||
4 | (d-5) (Blank). | ||||||
5 | (e) A retail customer that owns a cogeneration or | ||||||
6 | self-generation facility
and that seeks certification only to
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7 | provide electric power and energy from such facility to
retail | ||||||
8 | customers at separate locations which customers are
both (i) | ||||||
9 | owned by, or a subsidiary or other corporate
affiliate of, such | ||||||
10 | applicant and
(ii) eligible for delivery services, shall be | ||||||
11 | granted a
certificate of service authority upon filing an | ||||||
12 | application
and notifying the Commission that it has entered | ||||||
13 | into an
agreement with the relevant electric utilities pursuant | ||||||
14 | to
Section 16-118.
Provided, however, that if the retail | ||||||
15 | customer owning such cogeneration or
self-generation facility | ||||||
16 | would not be charged a transition charge due to the
exemption | ||||||
17 | provided under subsection (f) of Section 16-108 prior to the
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18 | certification, and the retail customers at separate locations | ||||||
19 | are taking
delivery services in conjunction with purchasing | ||||||
20 | power and energy from the
facility, the retail customer on | ||||||
21 | whose premises the facility is located shall
not thereafter be | ||||||
22 | required to pay transition charges on the power and energy
that | ||||||
23 | such retail customer takes from the facility.
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24 | (f) The Commission shall have the authority to
promulgate | ||||||
25 | rules and regulations to carry out the provisions
of this | ||||||
26 | Section. On or before May 1, 1999, the Commission
shall adopt a |
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1 | rule or rules applicable to the certification of
those | ||||||
2 | alternative retail electric suppliers that seek to serve
only | ||||||
3 | nonresidential retail customers with maximum electrical
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4 | demands of one megawatt or more which shall provide for (i)
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5 | expedited and streamlined procedures
for certification of such | ||||||
6 | alternative
retail electric suppliers and (ii) specific | ||||||
7 | criteria which,
if met by any such alternative retail electric | ||||||
8 | supplier, shall
constitute the demonstration of technical, | ||||||
9 | financial and
managerial resources and abilities to provide | ||||||
10 | service required
by subsection (d) (1) of this Section, such as | ||||||
11 | a requirement
to post a bond or letter of credit, from a | ||||||
12 | responsible surety
or financial institution, of sufficient | ||||||
13 | size for the nature
and scope of the services to be provided; | ||||||
14 | demonstration of
adequate insurance for the scope and nature of | ||||||
15 | the services to
be provided; and experience in providing | ||||||
16 | similar services in
other jurisdictions.
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17 | (g) An alternative retail electric supplier may seek | ||||||
18 | confidential treatment for the following information by filing | ||||||
19 | an affidavit with the Commission so long as the affidavit meets | ||||||
20 | the requirements in this subsection (g): | ||||||
21 | (1) the total annual kilowatt-hours delivered and sold | ||||||
22 | by an alternative retail electric supplier to retail | ||||||
23 | customers within each utility service territory and the | ||||||
24 | total annual kilowatt-hours delivered and sold by an | ||||||
25 | alternative retail electric supplier to retail customers | ||||||
26 | in all utility service territories in the preceding |
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1 | calendar year as required by 83 Ill. Adm. Code 451.770; | ||||||
2 | (2) the total peak demand supplied by an alternative | ||||||
3 | retail electric supplier during the previous year in each | ||||||
4 | utility service territory as required by 83 Ill. Adm. Code | ||||||
5 | 465.40; | ||||||
6 | (3) a good faith estimate of the amount an alternative | ||||||
7 | retail electric supplier expects to be obliged to pay the | ||||||
8 | utility under single billing tariffs during the next 12 | ||||||
9 | months and the amount of any bond or letter of credit used | ||||||
10 | to demonstrate an alternative retail electric supplier's | ||||||
11 | credit worthiness to provide single billing services | ||||||
12 | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | ||||||
13 | The affidavit must be filed contemporaneously with the | ||||||
14 | information for which confidential treatment is sought and must | ||||||
15 | clearly state that the affiant seeks confidential treatment | ||||||
16 | pursuant to this subsection (g) and the information for which | ||||||
17 | confidential treatment is sought must be clearly identified on | ||||||
18 | the confidential version of the document filed with the | ||||||
19 | Commission. The affidavit must be accompanied by a | ||||||
20 | "confidential" and a "public" version of the document or | ||||||
21 | documents containing the information for which confidential | ||||||
22 | treatment is sought. | ||||||
23 | If the alternative retail electric supplier has met the | ||||||
24 | affidavit requirements of this subsection (g), then the | ||||||
25 | Commission shall afford confidential treatment to the | ||||||
26 | information identified in the affidavit for a period of 2 years |
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1 | after the date the affidavit is received by the Commission. | ||||||
2 | Nothing in this subsection (g) prevents an alternative | ||||||
3 | retail electric supplier from filing a petition with the | ||||||
4 | Commission seeking confidential treatment for information | ||||||
5 | beyond that identified in this subsection (g) or for | ||||||
6 | information contained in other reports or documents filed with | ||||||
7 | the Commission. | ||||||
8 | Nothing in this subsection (g) prevents the Commission, on | ||||||
9 | its own motion, or any party from filing a formal petition with | ||||||
10 | the Commission seeking to reconsider the conferring of | ||||||
11 | confidential status on an item of information afforded | ||||||
12 | confidential treatment pursuant to this subsection (g). | ||||||
13 | The Commission, on its own motion, may at any time initiate | ||||||
14 | a docketed proceeding to investigate the continued | ||||||
15 | applicability of this subsection (g) to the information | ||||||
16 | contained in items (i), (ii), and (iii) of this subsection (g). | ||||||
17 | If, at the end of such investigation, the Commission determines | ||||||
18 | that a particular item of information should no longer be | ||||||
19 | eligible for the affidavit-based process outlined in this | ||||||
20 | subsection (g), the Commission may enter an order to remove | ||||||
21 | that item from the list of items eligible for the process set | ||||||
22 | forth in this subsection (g). Notwithstanding any such order, | ||||||
23 | in the event the Commission makes such a determination, nothing | ||||||
24 | in this subsection (g) prevents an alternative retail electric | ||||||
25 | supplier desiring confidential treatment for such information | ||||||
26 | from filing a formal petition with the Commission seeking |
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1 | confidential treatment for such information. | ||||||
2 | (Source: P.A. 99-332, eff. 8-10-15.)
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3 | (220 ILCS 5/16-115A)
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4 | Sec. 16-115A. Obligations of alternative retail electric
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5 | suppliers. | ||||||
6 | (a) An alternative retail electric supplier shall :
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7 | (i) 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 retail electric supplier; and
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12 | (ii) shall continue to comply with the requirements for
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13 | certification stated in subsection (d) of Section 16-115 ; . | ||||||
14 | (iii) by May 31, 2020 and every May 31 thereafter, | ||||||
15 | shall submit to the Commission and the Office of the | ||||||
16 | Attorney General the rates the retail electric supplier | ||||||
17 | charged to residential customers in the prior year, | ||||||
18 | including each distinct rate charged and whether the rate | ||||||
19 | was a fixed or variable rate, the basis for the variable | ||||||
20 | rate, and any fees charged in addition to the supply rate, | ||||||
21 | including monthly fees, flat fees, or other service | ||||||
22 | charges; and | ||||||
23 | (iv) shall make publicly available on its website, | ||||||
24 | without the need for a customer login, rate information for | ||||||
25 | all of its variable, time-of-use, and fixed rate contracts |
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1 | currently available to residential customers, including, | ||||||
2 | but not limited to, fixed monthly charges, early | ||||||
3 | termination fees, and kilowatt-hour charges.
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4 | (b) An alternative retail electric supplier shall obtain | ||||||
5 | verifiable
authorization from a customer, in a form or manner | ||||||
6 | approved by the Commission
consistent with Section 2EE of the | ||||||
7 | Consumer Fraud and Deceptive Business
Practices Act, before the | ||||||
8 | customer is switched from another supplier.
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9 | (c) No alternative retail electric supplier, or electric
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10 | utility other than the electric utility in whose service area
a | ||||||
11 | customer is located, shall (i) enter into or employ any
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12 | arrangements which have the effect of preventing a retail
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13 | customer with a maximum electrical demand of less than one
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14 | megawatt from having access to the services of the electric
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15 | utility in whose service area the customer is located or (ii)
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16 | charge retail customers for such access. This subsection shall | ||||||
17 | not be
construed to prevent an arms-length agreement between a
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18 | supplier and a retail customer that sets a term of service, | ||||||
19 | notice
period for terminating service and provisions governing | ||||||
20 | early
termination through a tariff or contract as allowed by | ||||||
21 | Section 16-119.
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22 | (d) An alternative retail electric supplier that is
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23 | certified to serve residential or small commercial retail
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24 | customers shall not:
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25 | (1) deny service to a customer or group of customers
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26 | nor establish any differences as to prices, terms,
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1 | conditions, services, products, facilities, or in any
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2 | other respect, whereby such denial or differences are based | ||||||
3 | upon
race, gender or income , except as provided in Section | ||||||
4 | 16-115E .
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5 | (2) deny service to a customer or group of customers | ||||||
6 | based on locality
nor establish any unreasonable | ||||||
7 | difference as to prices,
terms, conditions, services, | ||||||
8 | products, or facilities as
between localities.
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9 | (e) An alternative retail electric supplier shall comply
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10 | with the following requirements with respect to the marketing,
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11 | offering and provision of products or services to residential
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12 | and small commercial retail customers:
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13 | (i) All Any marketing materials , including, but not | ||||||
14 | limited to, electronic marketing materials, in-person | ||||||
15 | solicitations, and telephone solicitations, which make
| ||||||
16 | statements concerning prices, terms and conditions
of | ||||||
17 | service shall contain information that adequately
| ||||||
18 | discloses the prices, terms , and conditions of the
products | ||||||
19 | or services that the alternative retail
electric supplier | ||||||
20 | is offering or selling to the
customer and shall disclose | ||||||
21 | the current utility electric supply price to compare | ||||||
22 | applicable at the time the alternative retail electric | ||||||
23 | supplier is offering or selling the products or services to | ||||||
24 | the customer and shall disclose the date on which the | ||||||
25 | utility electric supply price to compare became effective | ||||||
26 | and the date on which it will expire. The utility electric |
| |||||||
| |||||||
1 | supply price to compare shall be the sum of the electric | ||||||
2 | supply charge and the transmission services charge and | ||||||
3 | shall not include the purchased electricity adjustment. | ||||||
4 | The disclosure shall include a statement that the price to | ||||||
5 | compare does not include the purchased electricity | ||||||
6 | adjustment, and, if applicable, the range of the purchased | ||||||
7 | electricity adjustment. All marketing materials, | ||||||
8 | including, but not limited to, electronic marketing | ||||||
9 | materials, in-person solicitations, and telephone | ||||||
10 | solicitations, shall include the following statement: .
| ||||||
11 | "(Name of the alternative retail electric | ||||||
12 | supplier) is not the same entity as your electric | ||||||
13 | delivery company. You are not required to enroll with | ||||||
14 | (name of alternative retail electric supplier). | ||||||
15 | Beginning on (effective date), the electric supply | ||||||
16 | price to compare is (price in cents per kilowatt hour). | ||||||
17 | The electric utility electric supply price will expire | ||||||
18 | on (expiration date). The utility electric supply | ||||||
19 | price to compare does not include the purchased | ||||||
20 | electricity adjustment factor. For more information go | ||||||
21 | to the Illinois Commerce Commission's free website at | ||||||
22 | www.pluginillinois.org.". | ||||||
23 | If applicable, the statement shall also include the | ||||||
24 | following statement: | ||||||
25 | "The purchased electricity adjustment factor may | ||||||
26 | range between +.5 cents and -.5 cents per kilowatt |
| |||||||
| |||||||
1 | hour.". | ||||||
2 | This paragraph (i) does not apply to goodwill or | ||||||
3 | institutional advertising.
| ||||||
4 | (ii) Before any customer is switched from
another | ||||||
5 | supplier, the alternative retail electric
supplier shall | ||||||
6 | give the customer written information
that adequately | ||||||
7 | discloses, in plain language, the
prices, terms and | ||||||
8 | conditions of the products and
services being offered and | ||||||
9 | sold to the customer. This written information shall be | ||||||
10 | provided in a language in which the customer subject to the | ||||||
11 | marketing or solicitation is able to understand and | ||||||
12 | communicate, and the alternative retail electric supplier | ||||||
13 | shall not switch a customer who is unable to understand and | ||||||
14 | communicate in a language in which the marketing or | ||||||
15 | solicitation was conducted. The alternative retail | ||||||
16 | electric supplier shall comply with Section 2N of the | ||||||
17 | Consumer Fraud and Deceptive Business Practices Act.
| ||||||
18 | (iii) An alternative retail electric supplier
shall | ||||||
19 | provide documentation to the Commission and to
customers | ||||||
20 | that substantiates any claims made by the
alternative | ||||||
21 | retail electric supplier regarding the
technologies and | ||||||
22 | fuel types used to generate the
electricity offered or sold | ||||||
23 | to customers.
| ||||||
24 | (iv) The alternative retail electric supplier
shall | ||||||
25 | provide to the customer (1) itemized billing
statements | ||||||
26 | that describe the products and services
provided to the |
| |||||||
| |||||||
1 | customer and their prices, and (2)
an additional statement, | ||||||
2 | at least annually, that
adequately discloses the average | ||||||
3 | monthly prices, and
the terms and conditions, of the | ||||||
4 | products and
services sold to the customer. | ||||||
5 | (v) All in-person and telephone solicitations shall be | ||||||
6 | conducted in, translated into, and provided in a language | ||||||
7 | in which the consumer subject to the marketing or | ||||||
8 | solicitation is able to understand and communicate. An | ||||||
9 | alternative retail electric supplier shall terminate a | ||||||
10 | solicitation if the consumer subject to the marketing or | ||||||
11 | communication is unable to understand and communicate in | ||||||
12 | the language in which the marketing or solicitation is | ||||||
13 | being conducted. An alternative retail electric supplier | ||||||
14 | shall comply with Section 2N of the Consumer Fraud and | ||||||
15 | Deceptive Business Practices Act. | ||||||
16 | (vi) Each alternative retail electric supplier shall | ||||||
17 | conduct training for individual representatives engaged in | ||||||
18 | in-person solicitation and telemarketing to residential | ||||||
19 | customers on behalf of that alternative retail electric | ||||||
20 | supplier prior to conducting any such solicitations on the | ||||||
21 | alternative retail electric supplier's behalf. Each | ||||||
22 | alternative retail electric supplier shall submit a copy of | ||||||
23 | its training material to the Commission on an annual basis | ||||||
24 | and the Commission shall have the right to review and | ||||||
25 | require updates to the material. After initial training, | ||||||
26 | each alternative retail electric supplier shall be |
| |||||||
| |||||||
1 | required to conduct refresher training for its individual | ||||||
2 | representatives every 6 months.
| ||||||
3 | (f) An alternative retail electric supplier may limit
the | ||||||
4 | overall size or availability of a service offering by
| ||||||
5 | specifying one or more of the following: a maximum number of
| ||||||
6 | customers, maximum amount of electric load to be served, time
| ||||||
7 | period during which the offering will be available, or other
| ||||||
8 | comparable limitation, but not including the geographic
| ||||||
9 | locations of customers within the area which the alternative
| ||||||
10 | retail electric supplier is certificated to serve. The
| ||||||
11 | alternative retail electric supplier shall file the terms and
| ||||||
12 | conditions of such service offering including the applicable
| ||||||
13 | limitations with the Commission prior to making the service
| ||||||
14 | offering available to customers.
| ||||||
15 | (g) Nothing in this Section shall be construed as
| ||||||
16 | preventing an alternative retail electric supplier,
which is an | ||||||
17 | affiliate of, or which contracts with, (i) an
industry or trade | ||||||
18 | organization or association, (ii) a
membership organization or | ||||||
19 | association that exists for a
purpose other than the purchase | ||||||
20 | of electricity, or (iii)
another organization that meets | ||||||
21 | criteria established in a rule
adopted by the Commission, from | ||||||
22 | offering through the
organization or association services at | ||||||
23 | prices, terms and
conditions that are available solely to the | ||||||
24 | members of the
organization or association.
| ||||||
25 | (Source: P.A. 90-561, eff. 12-16-97.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/16-115B)
| ||||||
2 | Sec. 16-115B. Commission oversight of services provided
by | ||||||
3 | alternative retail electric suppliers. | ||||||
4 | (a) The Commission shall have jurisdiction in accordance
| ||||||
5 | with the provisions of Article X of this Act to entertain and | ||||||
6 | dispose of
any complaint against any alternative retail | ||||||
7 | electric supplier
alleging (i) that the alternative retail | ||||||
8 | electric supplier has
violated or is in nonconformance with any | ||||||
9 | applicable
provisions of Section 16-115 through Section | ||||||
10 | 16-115A; (ii) that
an alternative retail electric supplier | ||||||
11 | serving retail
customers having maximum demands of less than | ||||||
12 | one megawatt has
failed to provide service in accordance with | ||||||
13 | the terms of its
contract or contracts with such customer or | ||||||
14 | customers; (iii)
that the alternative retail electric supplier | ||||||
15 | has violated or
is in non-conformance with the delivery | ||||||
16 | services tariff of, or
any of its agreements relating to | ||||||
17 | delivery services with, the
electric utility, municipal | ||||||
18 | system, or electric cooperative
providing delivery services; | ||||||
19 | or (iv) that the alternative
retail electric supplier has | ||||||
20 | violated or failed to comply with
the requirements of Sections | ||||||
21 | 8-201 through 8-207, 8-301, 8-505,
or 8-507 of this Act as made | ||||||
22 | applicable to alternative retail
electric suppliers.
| ||||||
23 | (b) The Commission shall have authority, after notice
and | ||||||
24 | hearing held on complaint or on the Commission's own
motion:
| ||||||
25 | (1) To order an alternative retail electric supplier
to | ||||||
26 | cease and desist, or correct, any violation of or |
| |||||||
| |||||||
1 | non-conformance with the
provisions of Section 16-115 or | ||||||
2 | 16-115A;
| ||||||
3 | (2) To impose financial penalties for violations of
or | ||||||
4 | non-conformances with the provisions of Section 16-115 or | ||||||
5 | 16-115A,
not to exceed (i) $10,000 per occurrence or (ii) | ||||||
6 | $30,000
per day for those violations or non-conformances | ||||||
7 | which
continue after the Commission issues a cease and | ||||||
8 | desist
order; and
| ||||||
9 | (3) To alter, modify, revoke or suspend the
certificate | ||||||
10 | of service authority of an alternative retail
electric | ||||||
11 | supplier for substantial or repeated violations
of or | ||||||
12 | non-conformances with the provisions of
Section 16-115 or | ||||||
13 | 16-115A.
| ||||||
14 | (c) In addition to other powers and authority granted to it | ||||||
15 | under this Act, the Commission may require an alternative | ||||||
16 | retail electric supplier to enter into a compliance
plan. If | ||||||
17 | the Commission comes into possession of information causing it | ||||||
18 | to conclude that an alternative retail electric supplier is | ||||||
19 | violating this Act or the Commission's rules, the Commission | ||||||
20 | may, after notice and hearing, enter an order directing the | ||||||
21 | alternative retail electric supplier to implement practices, | ||||||
22 | procedures, oversight, or other
measures or refrain from | ||||||
23 | practices, conduct, or activities that the Commission finds is | ||||||
24 | necessary or reasonable to ensure the alternative retail | ||||||
25 | electric supplier's compliance with this Act and the | ||||||
26 | Commission's rules. Failure by an alternative retail electric |
| |||||||
| |||||||
1 | supplier to implement or comply with a Commission-ordered | ||||||
2 | compliance plan is a violation of this Section. The Commission, | ||||||
3 | in its discretion, may order a compliance plan under such | ||||||
4 | circumstances as it considers warranted and is not required to | ||||||
5 | order a compliance plan prior to taking other enforcement | ||||||
6 | action against an alternative retail electric supplier. | ||||||
7 | Nothing in this subsection (c) shall be interpreted to limit | ||||||
8 | the authority or right of the Attorney General. | ||||||
9 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
10 | (220 ILCS 5/16-115E new) | ||||||
11 | Sec. 16-115E. Alternative retail electric supplier utility | ||||||
12 | assistance recipient. | ||||||
13 | (a) Beginning January 1, 2020, an alternative retail | ||||||
14 | electric supplier shall not knowingly submit an enrollment to | ||||||
15 | change a customer's electric supplier if the electric utility's | ||||||
16 | records indicate that the customer either received financial | ||||||
17 | assistance in the previous 12 months from the Low Income Home | ||||||
18 | Energy Assistance Program or, at the time of enrollment is | ||||||
19 | participating in the Percentage of Income Payment Plan, unless | ||||||
20 | (1) the customer's change in electric supplier is pursuant to a | ||||||
21 | government aggregation program adopted in accordance with | ||||||
22 | Section 1-92 of the Illinois Power Agency Act, or (2) the | ||||||
23 | customer's change in electric supplier is pursuant to a | ||||||
24 | Commission-approved savings guarantee plan as described in | ||||||
25 | subsection (b). |
| |||||||
| |||||||
1 | (b) Beginning January 1, 2020, an alternative retail | ||||||
2 | electric supplier may apply to the Commission to offer a | ||||||
3 | savings guarantee plan to recipients of Low Income Home Energy | ||||||
4 | Assistance Program funding or Percentage of Income Payment Plan | ||||||
5 | funding. The Commission shall initiate a public, docketed | ||||||
6 | proceeding to consider whether or not to approve an alternative | ||||||
7 | retail electric supplier's application to offer a savings | ||||||
8 | guarantee plan. At a minimum, the savings guarantee plan shall | ||||||
9 | charge customers for electric supply at an amount that is less | ||||||
10 | than the amount charged by the electric utility. | ||||||
11 | (c) An agreement entered into between an alternative retail | ||||||
12 | electric supplier and a customer in violation of this Section | ||||||
13 | is void and unenforceable. Before the electric utility executes | ||||||
14 | a change in a customer's electric supplier, other than a change | ||||||
15 | pursuant to a government aggregation program adopted in | ||||||
16 | accordance with Section 1-92 of the Illinois Power Agency Act | ||||||
17 | or a Commission-approved savings guarantee plan as described in | ||||||
18 | subsection (b), the electric utility shall confirm at the time | ||||||
19 | of the request whether its records indicate that the customer | ||||||
20 | either has received financial assistance from the Low Income | ||||||
21 | Home Energy Assistance Program in the previous 12 months or, at | ||||||
22 | the time of enrollment, is participating in the Percentage of | ||||||
23 | Income Payment Plan; and if so, shall reject such change | ||||||
24 | request. Absent willful or wanton misconduct, no electric | ||||||
25 | utility shall be held liable for any error in acting or failing | ||||||
26 | to act pursuant to this Section.
|
| |||||||
| |||||||
1 | (220 ILCS 5/16-118)
| ||||||
2 | Sec. 16-118. Services provided by electric utilities to
| ||||||
3 | alternative retail electric suppliers. | ||||||
4 | (a) It is in the best interest of Illinois energy
consumers | ||||||
5 | to promote fair and open competition in the
provision of | ||||||
6 | electric power and energy and to prevent
anticompetitive | ||||||
7 | practices in the provision of electric power
and energy.
| ||||||
8 | Therefore, to the extent an electric utility provides electric | ||||||
9 | power and energy
or delivery services to alternative retail | ||||||
10 | electric suppliers and such services
are not subject to the | ||||||
11 | jurisdiction of the Federal Energy
Regulatory Commission, and | ||||||
12 | are not competitive services, they
shall be provided through | ||||||
13 | tariffs that are filed with the
Commission, pursuant to Article | ||||||
14 | IX of this Act.
Each electric utility shall permit alternative
| ||||||
15 | retail electric suppliers to interconnect facilities to those
| ||||||
16 | owned by the utility provided they meet established standards
| ||||||
17 | for such interconnection, and may provide standby or other
| ||||||
18 | services to alternative retail electric suppliers. The
| ||||||
19 | alternative retail electric supplier shall sign a contract
| ||||||
20 | setting forth the prices, terms and conditions for
| ||||||
21 | interconnection with the electric utility and the prices,
terms | ||||||
22 | and conditions for services provided by the electric
utility to | ||||||
23 | the alternative retail electric supplier in
connection with the | ||||||
24 | delivery by the electric utility of
electric power and energy | ||||||
25 | supplied by the alternative retail
electric supplier.
|
| |||||||
| |||||||
1 | (b) An electric utility shall file a tariff pursuant to | ||||||
2 | Article IX of the
Act that would allow alternative retail | ||||||
3 | electric suppliers or electric
utilities other than the | ||||||
4 | electric utility in whose service area retail
customers are
| ||||||
5 | located to issue single bills to the retail customers for both | ||||||
6 | the services
provided by such alternative retail electric | ||||||
7 | supplier or other electric utility
and the delivery services | ||||||
8 | provided by the electric utility to such customers.
The tariff | ||||||
9 | filed pursuant to this subsection shall (i) require partial | ||||||
10 | payments
made by retail customers to be credited first to the | ||||||
11 | electric utility's
tariffed services, (ii) impose commercially | ||||||
12 | reasonable terms with respect to
credit and collection, | ||||||
13 | including requests for deposits, (iii) retain the
electric | ||||||
14 | utility's right to disconnect the retail customers, if it does | ||||||
15 | not
receive payment for its tariffed services, in the same | ||||||
16 | manner that it would be
permitted to if it had billed for the | ||||||
17 | services itself, and (iv) require the
alternative retail | ||||||
18 | electric supplier or other electric utility that elects the
| ||||||
19 | billing option provided by this tariff to include on each bill | ||||||
20 | to retail
customers an identification of the electric utility | ||||||
21 | providing the delivery
services and a listing of the charges | ||||||
22 | applicable to such services. The tariff
filed pursuant to this | ||||||
23 | subsection may also include other just and reasonable
terms and | ||||||
24 | conditions. In addition,
an electric utility, an alternative | ||||||
25 | retail electric
supplier or electric utility other than the | ||||||
26 | electric utility
in whose service area the customer is located, |
| |||||||
| |||||||
1 | and a customer
served by such alternative retail electric | ||||||
2 | supplier or other
electric utility, may enter into an agreement | ||||||
3 | pursuant to
which the alternative retail electric supplier or | ||||||
4 | other
electric utility pays the charges specified in Section | ||||||
5 | 16-108,
or other customer-related charges, including taxes and | ||||||
6 | fees,
in lieu of such charges being recovered by the electric
| ||||||
7 | utility directly from the customer. | ||||||
8 | (c) An electric utility with more than 100,000 customers | ||||||
9 | shall file a tariff pursuant to Article IX of this Act that | ||||||
10 | provides alternative retail electric suppliers, and electric | ||||||
11 | utilities other than the electric utility in whose service area | ||||||
12 | the retail customers are located, with the option to have the | ||||||
13 | electric utility purchase their receivables for power and | ||||||
14 | energy service provided to residential retail customers and | ||||||
15 | non-residential retail customers with a non-coincident peak | ||||||
16 | demand of less than 400 kilowatts. Receivables for power and | ||||||
17 | energy service of alternative retail electric suppliers or | ||||||
18 | electric utilities other than the electric utility in whose | ||||||
19 | service area the retail customers are located shall be | ||||||
20 | purchased by the electric utility at a just and reasonable | ||||||
21 | discount rate to be reviewed and approved by the Commission | ||||||
22 | after notice and hearing. The discount rate shall be based on | ||||||
23 | the electric utility's historical bad debt and any reasonable | ||||||
24 | start-up costs and administrative costs associated with the | ||||||
25 | electric utility's purchase of receivables. The discounted | ||||||
26 | rate for purchase of receivables shall be included in the |
| |||||||
| |||||||
1 | tariff filed pursuant to this subsection (c). The discount rate | ||||||
2 | filed pursuant to this subsection (c) shall be subject to | ||||||
3 | periodic Commission review. The electric utility retains the | ||||||
4 | right to impose the same terms on retail customers with respect | ||||||
5 | to credit and collection, including requests for deposits, and | ||||||
6 | retain the electric utility's right to disconnect the retail | ||||||
7 | customers, if it does not receive payment for its tariffed | ||||||
8 | services or purchased receivables, in the same manner that it | ||||||
9 | would be permitted to if the retail customers purchased power | ||||||
10 | and energy from the electric utility. The tariff filed pursuant | ||||||
11 | to this subsection (c) shall permit the electric utility to | ||||||
12 | recover from retail customers any uncollected receivables that | ||||||
13 | may arise as a result of the purchase of receivables under this | ||||||
14 | subsection (c), may also include other just and reasonable | ||||||
15 | terms and conditions, and shall provide for the prudently | ||||||
16 | incurred costs associated with the provision of this service | ||||||
17 | pursuant to this subsection (c). Nothing in this subsection (c) | ||||||
18 | permits the double recovery of bad debt expenses from | ||||||
19 | customers. | ||||||
20 | (d) An electric utility with more than 100,000 customers | ||||||
21 | shall file a tariff pursuant to Article IX of this Act that | ||||||
22 | would provide alternative retail electric suppliers or | ||||||
23 | electric utilities other than the electric utility in whose | ||||||
24 | service area retail customers are located with the option to | ||||||
25 | have the electric utility produce and provide single bills to | ||||||
26 | the retail customers for both the electric power and energy |
| |||||||
| |||||||
1 | service provided by the alternative retail electric supplier or | ||||||
2 | other electric utility and the delivery services provided by | ||||||
3 | the electric utility to the customers. The tariffs filed | ||||||
4 | pursuant to this subsection shall require the electric utility | ||||||
5 | to collect and remit customer payments for electric power and | ||||||
6 | energy service provided by alternative retail electric | ||||||
7 | suppliers or electric utilities other than the electric utility | ||||||
8 | in whose service area retail customers are located. The tariff | ||||||
9 | filed pursuant to this subsection shall require the electric | ||||||
10 | utility to include on each bill to retail customers an | ||||||
11 | identification of the alternative retail electric supplier or | ||||||
12 | other electric utility that elects the billing option. The | ||||||
13 | tariff filed pursuant to this subsection (d) may also include | ||||||
14 | other just and reasonable terms and conditions and shall | ||||||
15 | provide for the recovery of prudently incurred costs associated | ||||||
16 | with the provision of service pursuant to this subsection (d). | ||||||
17 | The costs associated with the provision of service pursuant to | ||||||
18 | this Section shall be subject to periodic Commission review.
| ||||||
19 | (e) An electric utility with more than 100,000 customers in | ||||||
20 | this State shall file a tariff pursuant to Article IX of this | ||||||
21 | Act that provides alternative retail electric suppliers, and | ||||||
22 | electric utilities other than the electric utility in whose | ||||||
23 | service area the retail customers are located, with the option | ||||||
24 | to have the electric utility purchase 2 billing cycles worth of | ||||||
25 | uncollectible receivables for power and energy service | ||||||
26 | provided to residential retail customers and to |
| |||||||
| |||||||
1 | non-residential retail customers with a non-coincident peak | ||||||
2 | demand of less than 400 kilowatts upon returning that customer | ||||||
3 | to that electric utility for delivery and energy service after | ||||||
4 | that alternative retail electric supplier, or an electric | ||||||
5 | utility other than the electric utility in whose service area | ||||||
6 | the retail customer is located, has made reasonable collection | ||||||
7 | efforts on that account. Uncollectible receivables for power | ||||||
8 | and energy service of alternative retail electric suppliers, or | ||||||
9 | electric utilities other than the electric utility in whose | ||||||
10 | service area the retail customers are located, shall be | ||||||
11 | purchased by the electric utility at a just and reasonable | ||||||
12 | discount rate to be reviewed and approved by the Commission, | ||||||
13 | after notice and hearing. The discount rate shall be based on | ||||||
14 | the electric utility's historical bad debt for receivables that | ||||||
15 | are outstanding for a similar length of time and any reasonable | ||||||
16 | start-up costs and administrative costs associated with the | ||||||
17 | electric utility's purchase of receivables. The discounted | ||||||
18 | rate for purchase of uncollectible receivables shall be | ||||||
19 | included in the tariff filed pursuant to this subsection (e). | ||||||
20 | The electric utility retains the right to impose the same terms | ||||||
21 | on these retail customers with respect to credit and | ||||||
22 | collection, including requests for deposits, and retains the | ||||||
23 | right to disconnect these retail customers, if it does not | ||||||
24 | receive payment for its tariffed services or purchased | ||||||
25 | receivables, in the same manner that it would be permitted to | ||||||
26 | if the retail customers had purchased power and energy from the |
| |||||||
| |||||||
1 | electric utility. The tariff filed pursuant to this subsection | ||||||
2 | (e) shall permit the electric utility to recover from retail | ||||||
3 | customers any uncollectable receivables that may arise as a | ||||||
4 | result of the purchase of uncollectible receivables under this | ||||||
5 | subsection (e), may also include other just and reasonable | ||||||
6 | terms and conditions, and shall provide for the prudently | ||||||
7 | incurred costs associated with the provision of this service | ||||||
8 | pursuant to this subsection (e). Nothing in this subsection (e) | ||||||
9 | permits the double recovery of utility bad debt expenses from | ||||||
10 | customers. The electric utility may file a joint tariff for | ||||||
11 | this subsection (e) and subsection (c) of this Section.
| ||||||
12 | (f) Every alternative retail electric supplier or electric | ||||||
13 | utility other than the electric utility in whose service area | ||||||
14 | retail customers are located that issues single bills to the | ||||||
15 | retail customers for the services provided by the alternative | ||||||
16 | retail electric supplier or other electric utility to the | ||||||
17 | customers shall include on the single bills issued to | ||||||
18 | residential customers the current utility electric supply | ||||||
19 | price to compare that would apply to the customer for the | ||||||
20 | billing period if the customer obtained supply from the | ||||||
21 | utility. The current utility electric supply price shall be the | ||||||
22 | sum of the electric supply charge and the transmission services | ||||||
23 | charge and shall disclose that the price does not include the | ||||||
24 | monthly purchased electricity adjustment. | ||||||
25 | (g) Every electric utility that provides delivery and | ||||||
26 | supply services shall include on each bill issued to |
| |||||||
| |||||||
1 | residential customers who obtain supply from an alternative | ||||||
2 | retail electric supplier the current utility electric supply | ||||||
3 | price to compare that would apply to the customer for the | ||||||
4 | billing period if the customer obtained supply from the | ||||||
5 | utility. The current utility electric supply price to compare | ||||||
6 | shall be the sum of the electric supply charge and the | ||||||
7 | transmission services charge and shall disclose that the price | ||||||
8 | does not include the monthly purchased electricity adjustment. | ||||||
9 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
10 | (220 ILCS 5/16-119)
| ||||||
11 | Sec. 16-119. Switching suppliers. An electric utility or an | ||||||
12 | alternative retail electric
supplier may establish a term of | ||||||
13 | service, notice period for
terminating service and provisions | ||||||
14 | governing early termination
through a tariff or contract. A | ||||||
15 | customer may change its
supplier subject to tariff or contract | ||||||
16 | terms and conditions.
Any notice provisions; or provision for a | ||||||
17 | fee, charge or
penalty with early termination of a contract; | ||||||
18 | shall be
conspicuously disclosed in any tariff or contract. Any | ||||||
19 | tariff filed or contract renewed or entered into on and after | ||||||
20 | the effective date of this amendatory Act of the 99th General | ||||||
21 | Assembly that contains an early termination clause shall | ||||||
22 | disclose the amount of the early termination fee or penalty, | ||||||
23 | provided that any early termination fee or penalty shall not | ||||||
24 | exceed $50 total for residential customers and $150 for small | ||||||
25 | commercial retail customers as defined in Section 16-102 of |
| |||||||
| |||||||
1 | this Act, regardless of whether or not the tariff or contract | ||||||
2 | is a multiyear tariff or contract. Beginning January 1, 2020, | ||||||
3 | residential and small commercial retail customers shall have a | ||||||
4 | right to terminate their contracts with alternative retail | ||||||
5 | electric suppliers at any time without any termination fees or | ||||||
6 | penalties. A customer
shall remain responsible for any unpaid | ||||||
7 | charges owed to an
electric utility or alternative retail | ||||||
8 | electric supplier at
the time it switches to another provider.
| ||||||
9 | The caps on early termination fees and penalties under this | ||||||
10 | Section shall apply only to early termination fees and | ||||||
11 | penalties for early termination of electric service. The caps | ||||||
12 | shall not apply to charges or fees for devices, equipment, or | ||||||
13 | other services provided by the utility or alternative retail | ||||||
14 | electric supplier. | ||||||
15 | (Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
| ||||||
16 | (220 ILCS 5/16-123)
| ||||||
17 | Sec. 16-123. Establishment of customer information
centers | ||||||
18 | for electric utilities and
alternative retail electric | ||||||
19 | suppliers. | ||||||
20 | (a) All electric utilities and alternative retail electric
| ||||||
21 | suppliers shall be required to maintain a customer call center
| ||||||
22 | where customers can reach a representative and receive current
| ||||||
23 | information. Customers shall periodically be notified on how
to | ||||||
24 | reach the call center. The Commission shall have the
authority | ||||||
25 | to establish reporting requirements for such
centers.
|
| |||||||
| |||||||
1 | (b) Notwithstanding anything to the contrary, an electric | ||||||
2 | utility may: | ||||||
3 | (1) disclose the current utility electric supply price | ||||||
4 | to a retail customer who takes electric power and energy | ||||||
5 | supply service from an alternative retail electric | ||||||
6 | supplier; | ||||||
7 | (2) disclose the supply price the customer is paying as | ||||||
8 | reflected on the customer's bill, if known; | ||||||
9 | (3) furnish to a retail customer a list of frequently | ||||||
10 | asked questions to be used by the retail customer in | ||||||
11 | evaluating electric power and energy supply rate offers by | ||||||
12 | alternative retail electric suppliers; this list may | ||||||
13 | include, but is not limited to, the following: | ||||||
14 | (A) length of the contract; | ||||||
15 | (B) the price per kilowatt hour, and whether the | ||||||
16 | contract price is fixed or variable, and if variable, | ||||||
17 | the circumstances under which the price may change; | ||||||
18 | (C) whether penalties or early termination fees | ||||||
19 | apply if the customer terminates the contract before | ||||||
20 | the expiration of its term; and | ||||||
21 | (D) whether the customer may be subject to any | ||||||
22 | other adjustments, penalties, surcharges, or costs | ||||||
23 | beyond the electric power and energy supply rate; and | ||||||
24 | (4) provide to a retail customer education information | ||||||
25 | published by the Office of Retail Market Development and | ||||||
26 | the Office of the Attorney General regarding the selection |
| |||||||
| |||||||
1 | and evaluation of electric power and energy supply rate | ||||||
2 | offers by alternative retail electric suppliers. | ||||||
3 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
4 | (220 ILCS 5/19-110)
| ||||||
5 | Sec. 19-110. Certification of alternative gas suppliers.
| ||||||
6 | (a) The provisions of this Section shall apply only to | ||||||
7 | alternative gas
suppliers
serving or seeking to serve | ||||||
8 | residential or small commercial customers and
only to the | ||||||
9 | extent such
alternative gas suppliers provide services to | ||||||
10 | residential or small
commercial customers.
| ||||||
11 | (b) An alternative gas supplier must obtain a certificate | ||||||
12 | of service
authority from the Commission in accordance with | ||||||
13 | this Section before serving
any customer or other user located | ||||||
14 | in this State. An alternative gas supplier
may request, and the | ||||||
15 | Commission may grant, a certificate of service authority
for | ||||||
16 | the entire State or for a specified geographic area of the | ||||||
17 | State. A
person, corporation, or other entity acting as an | ||||||
18 | alternative gas supplier on
the effective date of this | ||||||
19 | amendatory Act of the 92nd General Assembly shall
have 180 days | ||||||
20 | from the effective date of this amendatory Act of the 92nd
| ||||||
21 | General Assembly to comply with the requirements of this | ||||||
22 | Section in order to
continue to operate as an alternative gas | ||||||
23 | supplier.
| ||||||
24 | (c) An alternative gas supplier seeking a certificate of | ||||||
25 | service authority
shall
file with the Commission a verified |
| |||||||
| |||||||
1 | application containing information showing
that the
applicant | ||||||
2 | meets the requirements of this Section. The alternative gas | ||||||
3 | supplier
shall
publish notice of its application in the | ||||||
4 | official State newspaper within 10
days following
the date of | ||||||
5 | its filing. No later than 45 days after the application is
| ||||||
6 | properly filed with the
Commission, and such notice is | ||||||
7 | published, the Commission shall issue its order
granting or | ||||||
8 | denying the application.
| ||||||
9 | (d) An application for a certificate of service authority | ||||||
10 | shall identify the
area or
areas in which the applicant intends | ||||||
11 | to offer service and the types of services
it intends
to offer. | ||||||
12 | Applicants that seek to serve residential or small commercial
| ||||||
13 | customers within a
geographic area that is smaller than a gas | ||||||
14 | utility's service area shall submit
evidence demonstrating | ||||||
15 | that the designation of this smaller area does not
violate | ||||||
16 | Section 19-115. An
applicant may
state in its application for | ||||||
17 | certification any limitations that will be imposed
on the | ||||||
18 | number
of customers or maximum load to be served. The applicant | ||||||
19 | shall submit as part of its application a statement indicating:
| ||||||
20 | (1) Whether the applicant has been denied a natural gas | ||||||
21 | supplier license in any state in the United States. | ||||||
22 | (2) Whether the applicant has had a natural gas | ||||||
23 | supplier license suspended or revoked by any state in the | ||||||
24 | United States. | ||||||
25 | (3) Where, if any, other natural gas supplier license | ||||||
26 | applications are pending in the United States. |
| |||||||
| |||||||
1 | (4) Whether the applicant is the subject of any | ||||||
2 | lawsuits filed in a court of law or formal complaints filed | ||||||
3 | with a regulatory agency alleging fraud, deception or | ||||||
4 | unfair marketing practices, or other similar allegations, | ||||||
5 | identifying the name, case number, and jurisdiction of each | ||||||
6 | such lawsuit or complaint. | ||||||
7 | For the purposes of this subsection (d), formal complaints | ||||||
8 | include only those complaints that seek a binding determination | ||||||
9 | from a state or federal regulatory body. | ||||||
10 | (e) The Commission shall grant the application for a | ||||||
11 | certificate of service
authority if it makes the findings set | ||||||
12 | forth in this subsection based on the
verified
application and | ||||||
13 | such other information as the applicant may submit.
| ||||||
14 | (1) That the applicant possesses sufficient technical, | ||||||
15 | financial, and
managerial resources and abilities to | ||||||
16 | provide the service for which it
seeks a certificate of | ||||||
17 | service authority. In determining the level of
technical, | ||||||
18 | financial, and managerial resources and abilities which | ||||||
19 | the
applicant must demonstrate, the Commission shall | ||||||
20 | consider:
| ||||||
21 | (A) the characteristics, including the size and | ||||||
22 | financial sophistication of the
customers that the | ||||||
23 | applicant seeks to serve; | ||||||
24 | (B) whether the
applicant seeks to provide gas | ||||||
25 | using property, plant, and equipment that it
owns, | ||||||
26 | controls, or operates; and |
| |||||||
| |||||||
1 | (C) the applicant's commitment of resources to the | ||||||
2 | management of sales and marketing staff, through | ||||||
3 | affirmative managerial policies, independent audits, | ||||||
4 | technology, hands-on field monitoring and training, | ||||||
5 | and, in the case of applicants who will have sales | ||||||
6 | personnel or sales agents within the State of Illinois, | ||||||
7 | the applicant's managerial presence within the State.
| ||||||
8 | (2) That the applicant will comply with all applicable | ||||||
9 | federal, State,
regional, and industry rules, policies, | ||||||
10 | practices, and procedures
for the use, operation, and | ||||||
11 | maintenance of the safety, integrity, and
reliability of | ||||||
12 | the gas transmission system.
| ||||||
13 | (3) That the applicant will comply with such | ||||||
14 | informational or reporting
requirements as the Commission | ||||||
15 | may by rule establish.
| ||||||
16 | (4) That
the area to be served by the applicant and any | ||||||
17 | limitations it proposes on the
number of customers or | ||||||
18 | maximum amount of load to be served meet the provisions
of | ||||||
19 | Section 19-115, provided, that if the applicant seeks to | ||||||
20 | serve an area
smaller than the service area of a gas | ||||||
21 | utility or proposes other limitations
on the number of | ||||||
22 | customers or maximum amount of load to be served, the
| ||||||
23 | Commission can extend the time for
considering such a | ||||||
24 | certificate request by up to 90 days, and can schedule
| ||||||
25 | hearings on such a request.
| ||||||
26 | (5) That the applicant shall continue to comply with |
| |||||||
| |||||||
1 | requirements for certification stated in this Section. | ||||||
2 | (6) That the applicant shall execute and maintain a | ||||||
3 | license or permit bond issued by a qualifying surety or | ||||||
4 | insurance company authorized to transact business in the | ||||||
5 | State of Illinois in favor of the People of the State of | ||||||
6 | Illinois. The amount of the bond shall equal $150,000 if | ||||||
7 | the applicant seeks to serve only nonresidential retail | ||||||
8 | customers or $500,000 if the applicant seeks to serve all | ||||||
9 | eligible customers. Applicants shall be required to submit | ||||||
10 | an additional $500,000 bond if the applicant intends to | ||||||
11 | market to residential customers using in-person | ||||||
12 | solicitations. The bond shall be conditioned upon the full | ||||||
13 | and faithful performance of all duties and obligations of | ||||||
14 | the applicant as an alternative retail gas supplier and | ||||||
15 | shall be valid for a period of not less than one year. The | ||||||
16 | cost of the bond shall be paid by the applicant. The | ||||||
17 | applicant shall file a copy of this bond, with a notarized | ||||||
18 | verification page from the issuer, as part of its | ||||||
19 | application for certification under 83 Ill. Adm. Code 551. | ||||||
20 | (7) (5) That the applicant and the applicant's sales | ||||||
21 | agents will comply with all other applicable laws and
| ||||||
22 | rules.
| ||||||
23 | (e-5) The Commission may deny with prejudice an application | ||||||
24 | in which the applicant fails to provide the Commission with | ||||||
25 | information sufficient for the Commission to grant the | ||||||
26 | application. |
| |||||||
| |||||||
1 | (f) The Commission can extend the time for considering such | ||||||
2 | a certificate request by up to 90 days, and can schedule | ||||||
3 | hearings on such a request if: | ||||||
4 | (1) a party to the application proceeding has formally | ||||||
5 | requested that the Commission hold hearings in a pleading | ||||||
6 | that alleges that one or more of the allegations or | ||||||
7 | certifications in the application is false or misleading; | ||||||
8 | or | ||||||
9 | (2) other facts or circumstances exist that will | ||||||
10 | necessitate additional time or evidence in order to | ||||||
11 | determine whether a certificate should be issued. | ||||||
12 | (g) The Commission shall have the authority to promulgate | ||||||
13 | rules
to carry out the provisions of this Section. Within 30 | ||||||
14 | days after the
effective date of this amendatory Act of the | ||||||
15 | 92nd General Assembly, the
Commission shall adopt an emergency | ||||||
16 | rule or rules applicable to the
certification of those gas | ||||||
17 | suppliers that seek to serve residential customers.
Within 180 | ||||||
18 | days of
the effective
date of this amendatory Act of the 92nd | ||||||
19 | General Assembly, the Commission shall
adopt
rules that specify | ||||||
20 | criteria which, if met by any such alternative gas
supplier, | ||||||
21 | shall
constitute the demonstration of technical, financial, | ||||||
22 | and managerial resources
and
abilities to provide service | ||||||
23 | required by item (1) of subsection (e) of this
Section,
such as | ||||||
24 | a
requirement to post a bond or letter of credit, from a | ||||||
25 | responsible surety or
financial
institution, of sufficient | ||||||
26 | size for the nature and scope of the services to be
provided,
|
| |||||||
| |||||||
1 | demonstration of adequate insurance for the scope and nature of | ||||||
2 | the services to
be
provided, and experience in providing | ||||||
3 | similar services in other
jurisdictions.
| ||||||
4 | (h) The Commission may deny with prejudice any application | ||||||
5 | that repeatedly fails to include the attachments, | ||||||
6 | documentation, and affidavits required by the application form | ||||||
7 | or that repeatedly fails to provide any other information | ||||||
8 | required by this Section. | ||||||
9 | (i) An alternative gas supplier may seek confidential | ||||||
10 | treatment for the reporting to the Commission of its total | ||||||
11 | annual dekatherms delivered and sold by it to residential and | ||||||
12 | small commercial customers by utility service territory during | ||||||
13 | the preceding year via the filing of an affidavit with the | ||||||
14 | Commission so long as the affidavit meets the requirements of | ||||||
15 | this subsection (i).
The affidavit must be filed | ||||||
16 | contemporaneously with the information for which confidential | ||||||
17 | treatment is sought and must clearly state that the affiant | ||||||
18 | seeks confidential treatment pursuant to this subsection (i) | ||||||
19 | and the information for which confidential treatment is sought | ||||||
20 | must be clearly identified on the confidential version of the | ||||||
21 | document filed with the Commission. The affidavit must be | ||||||
22 | accompanied by both a "confidential" and a "public" version of | ||||||
23 | the document or documents containing the information for which | ||||||
24 | confidential treatment is sought. | ||||||
25 | If the alternative gas supplier has met the affidavit | ||||||
26 | requirements of this subsection (i), then the Commission shall |
| |||||||
| |||||||
1 | afford confidential treatment to the information identified in | ||||||
2 | the affidavit for a period of 2 years after the date the | ||||||
3 | affidavit is received by the Commission. | ||||||
4 | Nothing in this subsection (i) prevents an alternative gas | ||||||
5 | supplier from filing a petition with the Commission seeking | ||||||
6 | confidential treatment for information beyond that identified | ||||||
7 | in this subsection (i) or for information contained in other | ||||||
8 | reports or documents filed with the Commission. | ||||||
9 | Nothing in this subsection (i) prevents the Commission, on | ||||||
10 | its own motion, or any party from filing a formal petition with | ||||||
11 | the Commission seeking to reconsider the conferring of | ||||||
12 | confidential status pursuant to this subsection (i). | ||||||
13 | The Commission, on its own motion, may at any time initiate | ||||||
14 | a docketed proceeding to investigate the continued | ||||||
15 | applicability of this affidavit-based process for seeking | ||||||
16 | confidential treatment. If, at the end of such investigation, | ||||||
17 | the Commission determines that this affidavit-based process | ||||||
18 | for seeking confidential treatment for the information is no | ||||||
19 | longer necessary, the Commission may enter an order to that | ||||||
20 | effect. Notwithstanding any such order, in the event the | ||||||
21 | Commission makes such a determination, nothing in this | ||||||
22 | subsection (i) prevents an alternative gas supplier desiring | ||||||
23 | confidential treatment for such information from filing a | ||||||
24 | formal petition with the Commission seeking confidential | ||||||
25 | treatment for such information. | ||||||
26 | (Source: P.A. 99-332, eff. 8-10-15.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/19-115)
| ||||||
2 | Sec. 19-115. Obligations of alternative gas suppliers.
| ||||||
3 | (a) The provisions of this Section shall apply only to | ||||||
4 | alternative gas
suppliers
serving or seeking to serve | ||||||
5 | residential or small commercial customers and
only to the | ||||||
6 | extent such
alternative gas suppliers provide services to | ||||||
7 | residential or small
commercial customers.
| ||||||
8 | (b) An alternative gas supplier shall :
| ||||||
9 | (1) shall comply with the requirements imposed on | ||||||
10 | public utilities by Sections
8-201 through 8-207, 8-301, | ||||||
11 | 8-505 and 8-507 of this Act, to the
extent that these | ||||||
12 | Sections have application to the services being
offered by | ||||||
13 | the alternative gas supplier;
| ||||||
14 | (2) shall continue to comply with the requirements for | ||||||
15 | certification stated
in
Section 19-110;
| ||||||
16 | (3) shall comply with complaint procedures established | ||||||
17 | by the Commission; | ||||||
18 | (4) except as provided in subsection (h) of this | ||||||
19 | Section, shall file with the Chief Clerk of the Commission, | ||||||
20 | within 20 business days after the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly, a copy of bill | ||||||
22 | formats, standard customer contract and customer complaint | ||||||
23 | and resolution procedures, and the name and telephone | ||||||
24 | number of the company representative whom Commission | ||||||
25 | employees may contact to resolve customer complaints and |
| |||||||
| |||||||
1 | other matters. In the case of a gas supplier that engages | ||||||
2 | in door-to-door solicitation, the company shall file with | ||||||
3 | the Commission the consumer information disclosure | ||||||
4 | required by item (3) of subsection (c) of Section 2DDD of | ||||||
5 | the Consumer Fraud and Deceptive Business Practices Act and | ||||||
6 | shall file updated information within 10 business days | ||||||
7 | after changes in any of the documents or information | ||||||
8 | required to be filed by this item (4); and | ||||||
9 | (5) shall maintain a customer call center where | ||||||
10 | customers can reach a representative and receive current | ||||||
11 | information. At least once every 6 months, each alternative | ||||||
12 | gas supplier shall provide written information to | ||||||
13 | customers explaining how to contact the call center. The | ||||||
14 | average answer time for calls placed to the call center | ||||||
15 | shall not exceed 60 seconds where a representative or | ||||||
16 | automated system is ready to render assistance and/or | ||||||
17 | accept information to process calls. The abandon rate for | ||||||
18 | calls placed to the call center shall not exceed 10%. Each | ||||||
19 | alternative gas supplier shall maintain records of the call | ||||||
20 | center's telephone answer time performance and abandon | ||||||
21 | call rate. These records shall be kept for a minimum of 2 | ||||||
22 | years and shall be made available to Commission personnel | ||||||
23 | upon request. In the event that answer times and/or abandon | ||||||
24 | rates exceed the limits established above, the reporting | ||||||
25 | alternative gas supplier may provide the Commission or its | ||||||
26 | personnel with explanatory details. At a minimum, these |
| |||||||
| |||||||
1 | records shall contain the following information in monthly | ||||||
2 | increments: | ||||||
3 | (A) total number of calls received; | ||||||
4 | (B) number of calls answered; | ||||||
5 | (C) average answer time; | ||||||
6 | (D) number of abandoned calls; and | ||||||
7 | (E) abandon call rate. | ||||||
8 | Alternative gas suppliers that do not have electronic | ||||||
9 | answering capability that meets these requirements shall | ||||||
10 | notify the Manager of the Commission's Consumer Services | ||||||
11 | Division or its successor within 30 days following the | ||||||
12 | effective date of this amendatory Act of the 95th General | ||||||
13 | Assembly and work with Staff to develop individualized | ||||||
14 | reporting requirements as to the call volume and | ||||||
15 | responsiveness of the call center. | ||||||
16 | On or before March 1 of every year, each entity shall | ||||||
17 | file a report with the Chief Clerk of the Commission for | ||||||
18 | the preceding calendar year on its answer time and abandon | ||||||
19 | call rate for its call center. A copy of the report shall | ||||||
20 | be sent to the Manager of the Consumer Services Division or | ||||||
21 | its successor ; . | ||||||
22 | (6) by January 1, 2020 and every January 1 thereafter, | ||||||
23 | shall submit to the Commission and the Office of the | ||||||
24 | Attorney General the rates the alternative gas supplier | ||||||
25 | charged to residential customers in the prior year, | ||||||
26 | including each distinct rate charged and whether the rate |
| |||||||
| |||||||
1 | was a fixed or variable rate, the basis for the variable | ||||||
2 | rate, and any fees charged in addition to the supply rate, | ||||||
3 | including monthly fees, flat fees, or other service | ||||||
4 | charges; and | ||||||
5 | (7) shall make publicly available on its website, | ||||||
6 | without the need for a customer login, rate information for | ||||||
7 | all of its variable, time-of-use, and fixed rate contracts | ||||||
8 | currently available to residential customers, including | ||||||
9 | but not limited to, fixed monthly charges, early | ||||||
10 | termination fees, and per therm charges. | ||||||
11 | (c) An alternative gas supplier shall not submit or execute | ||||||
12 | a change in a customer's selection of a natural gas provider | ||||||
13 | unless and until (i) the alternative gas supplier first | ||||||
14 | discloses all material terms and conditions of the offer , | ||||||
15 | including price, to the customer; (ii) the alternative gas | ||||||
16 | supplier has obtained the customer's express agreement to | ||||||
17 | accept the offer after the disclosure of all material terms and | ||||||
18 | conditions of the offer; and (iii) the alternative gas supplier | ||||||
19 | has confirmed the request for a change in accordance with one | ||||||
20 | of the following procedures: | ||||||
21 | (1) The alternative gas supplier has obtained the | ||||||
22 | customer's written or electronically signed authorization | ||||||
23 | in a form that meets the following requirements: | ||||||
24 | (A) An alternative gas supplier shall obtain any | ||||||
25 | necessary written or electronically signed | ||||||
26 | authorization from a customer for a change in natural |
| |||||||
| |||||||
1 | gas service by using a letter of agency as specified in | ||||||
2 | this Section. Any letter of agency that does not | ||||||
3 | conform with this Section is invalid. | ||||||
4 | (B) The letter of agency shall be a separate | ||||||
5 | document (or an easily separable document containing | ||||||
6 | only the authorization language described in item (E) | ||||||
7 | of this paragraph (1)) whose sole purpose is to | ||||||
8 | authorize a natural gas provider change. The letter of | ||||||
9 | agency must be signed and dated by the customer | ||||||
10 | requesting the natural gas provider change. | ||||||
11 | (C) The letter of agency shall not be combined with | ||||||
12 | inducements of any kind on the same document. | ||||||
13 | (D) Notwithstanding items (A) and (B) of this | ||||||
14 | paragraph (1), the letter of agency may be combined | ||||||
15 | with checks that contain only the required letter of | ||||||
16 | agency language prescribed in item (E) of this | ||||||
17 | paragraph (1) and the necessary information to make the | ||||||
18 | check a negotiable instrument. The letter of agency | ||||||
19 | check shall not contain any promotional language or | ||||||
20 | material. The letter of agency check shall contain in | ||||||
21 | easily readable, bold face type on the face of the | ||||||
22 | check a notice that the consumer is authorizing a | ||||||
23 | natural gas provider change by signing the check. The | ||||||
24 | letter of agency language also shall be placed near the | ||||||
25 | signature line on the back of the check. | ||||||
26 | (E) At a minimum, the letter of agency must be |
| |||||||
| |||||||
1 | printed with a print of sufficient size to be clearly | ||||||
2 | legible and must contain clear and unambiguous | ||||||
3 | language that confirms: | ||||||
4 | (i) the customer's billing name and address; | ||||||
5 | (ii) the decision to change the natural gas | ||||||
6 | provider from the current provider to the | ||||||
7 | prospective alternative gas supplier; | ||||||
8 | (iii) the terms, conditions, and nature of the | ||||||
9 | service to be provided to the customer, including, | ||||||
10 | but not limited to, the rates for the service | ||||||
11 | contracted for by the customer; and | ||||||
12 | (iv) that the customer understands that any | ||||||
13 | natural gas provider selection the customer | ||||||
14 | chooses may involve a charge to the customer for | ||||||
15 | changing the customer's natural gas provider. | ||||||
16 | (F) Letters of agency shall not suggest or require | ||||||
17 | that a customer take some action in order to retain the | ||||||
18 | customer's current natural gas provider. | ||||||
19 | (G) If any portion of a letter of agency is | ||||||
20 | translated into another language, then all portions of | ||||||
21 | the letter of agency must be translated into that | ||||||
22 | language. | ||||||
23 | (2) An appropriately qualified independent third party | ||||||
24 | has obtained, in accordance with the procedures set forth | ||||||
25 | in this paragraph (2), the customer's oral authorization to | ||||||
26 | change natural gas providers that confirms and includes |
| |||||||
| |||||||
1 | appropriate verification data. The independent third party | ||||||
2 | must (i) not be owned, managed, controlled, or directed by | ||||||
3 | the alternative gas supplier or the alternative gas | ||||||
4 | supplier's marketing agent; (ii) not have any financial | ||||||
5 | incentive to confirm provider change requests for the | ||||||
6 | alternative gas supplier or the alternative gas supplier's | ||||||
7 | marketing agent; and (iii) operate in a location physically | ||||||
8 | separate from the alternative gas supplier or the | ||||||
9 | alternative gas supplier's marketing agent. Automated | ||||||
10 | third-party verification systems and 3-way conference | ||||||
11 | calls may be used for verification purposes so long as the | ||||||
12 | other requirements of this paragraph (2) are satisfied. An | ||||||
13 | alternative gas supplier or alternative gas supplier's | ||||||
14 | sales representative initiating a 3-way conference call or | ||||||
15 | a call through an automated verification system must drop | ||||||
16 | off the call once the 3-way connection has been | ||||||
17 | established. All third-party verification methods shall | ||||||
18 | elicit, at a minimum, the following information: | ||||||
19 | (A) the identity of the customer; | ||||||
20 | (B) confirmation that the person on the call is | ||||||
21 | authorized to make the provider change; | ||||||
22 | (C) confirmation that the person on the call wants | ||||||
23 | to make the provider change; | ||||||
24 | (D) the names of the providers affected by the | ||||||
25 | change; | ||||||
26 | (E) the service address of the service to be |
| |||||||
| |||||||
1 | switched; and | ||||||
2 | (F) the price of the service to be provided and the | ||||||
3 | material terms and conditions of the service being | ||||||
4 | offered, including whether any early termination fees | ||||||
5 | apply. | ||||||
6 | Third-party verifiers may not market the alternative | ||||||
7 | gas supplier's services by providing additional | ||||||
8 | information. All third-party verifications shall be | ||||||
9 | conducted in the same language that was used in the | ||||||
10 | underlying sales transaction and shall be recorded in their | ||||||
11 | entirety. Submitting alternative gas suppliers shall | ||||||
12 | maintain and preserve audio records of verification of | ||||||
13 | customer authorization for a minimum period of 2 years | ||||||
14 | after obtaining the verification. Automated systems must | ||||||
15 | provide customers with an option to speak with a live | ||||||
16 | person at any time during the call. | ||||||
17 | (3) The alternative gas supplier has obtained the | ||||||
18 | customer's authorization via an automated verification | ||||||
19 | system to change natural gas service via telephone. An | ||||||
20 | automated verification system is an electronic system | ||||||
21 | that, through pre-recorded prompts, elicits voice | ||||||
22 | responses, touchtone responses, or both, from the customer | ||||||
23 | and records both the prompts and the customer's responses. | ||||||
24 | Such authorization must elicit the information in | ||||||
25 | paragraph (2)(A) through (F) of this subsection (c). | ||||||
26 | Alternative gas suppliers electing to confirm sales |
| |||||||
| |||||||
1 | electronically through an automated verification system | ||||||
2 | shall establish one or more toll-free telephone numbers | ||||||
3 | exclusively for that purpose. Calls to the number or | ||||||
4 | numbers shall connect a customer to a voice response unit, | ||||||
5 | or similar mechanism, that makes a date-stamped, | ||||||
6 | time-stamped recording of the required information | ||||||
7 | regarding the alternative gas supplier change. | ||||||
8 | The alternative gas supplier shall not use such | ||||||
9 | electronic authorization systems to market its services. | ||||||
10 | (4) When a consumer initiates the call to the | ||||||
11 | prospective alternative gas supplier, in order to enroll | ||||||
12 | the consumer as a customer, the prospective alternative gas | ||||||
13 | supplier must, with the consent of the customer, make a | ||||||
14 | date-stamped, time-stamped audio recording that elicits, | ||||||
15 | 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 supplied and the | ||||||
26 | material terms and conditions of the service being |
| |||||||
| |||||||
1 | offered, including whether any early termination fees | ||||||
2 | apply. | ||||||
3 | Submitting alternative gas suppliers shall maintain | ||||||
4 | and preserve the audio records containing the information | ||||||
5 | set forth above for a minimum period of 2 years. | ||||||
6 | (5) In the event that a customer enrolls for service | ||||||
7 | from an alternative gas supplier via an Internet website, | ||||||
8 | the alternative gas supplier shall obtain an | ||||||
9 | electronically signed letter of agency in accordance with | ||||||
10 | paragraph (1) of this subsection (c) and any customer | ||||||
11 | information shall be protected in accordance with all | ||||||
12 | applicable statutes and regulations. In addition, an | ||||||
13 | alternative gas supplier shall provide the following when | ||||||
14 | marketing via an Internet website: | ||||||
15 | (A) The Internet enrollment website shall, at a | ||||||
16 | minimum, include: | ||||||
17 | (i) a copy of the alternative gas supplier's | ||||||
18 | customer contract that clearly and conspicuously | ||||||
19 | discloses all terms and conditions; and | ||||||
20 | (ii) a conspicuous prompt for the customer to | ||||||
21 | print or save a copy of the contract. | ||||||
22 | (B) Any electronic version of the contract shall be | ||||||
23 | identified by version number, in order to ensure the | ||||||
24 | ability to verify the particular contract to which the | ||||||
25 | customer assents. | ||||||
26 | (C) Throughout the duration of the alternative gas |
| |||||||
| |||||||
1 | supplier's contract with a customer, the alternative | ||||||
2 | gas supplier shall retain and, within 3 business days | ||||||
3 | of the customer's request, provide to the customer an | ||||||
4 | e-mail, paper, or facsimile of the terms and conditions | ||||||
5 | of the numbered contract version to which the customer | ||||||
6 | assents. | ||||||
7 | (D) The alternative gas supplier shall provide a | ||||||
8 | mechanism by which both the submission and receipt of | ||||||
9 | the electronic letter of agency are recorded by time | ||||||
10 | and date. | ||||||
11 | (E) After the customer completes the electronic | ||||||
12 | letter of agency, the alternative gas supplier shall | ||||||
13 | disclose conspicuously through its website that the | ||||||
14 | customer has been enrolled, and the alternative gas | ||||||
15 | supplier shall provide the customer an enrollment | ||||||
16 | confirmation number. | ||||||
17 | (6) When a customer is solicited in person by the | ||||||
18 | alternative gas supplier's sales agent, the alternative | ||||||
19 | gas supplier may only obtain the customer's authorization | ||||||
20 | to change natural gas service through the method provided | ||||||
21 | for in paragraph (2) of this subsection (c). | ||||||
22 | Alternative gas suppliers must be in compliance with this | ||||||
23 | subsection (c) within 90 days after the effective date of this | ||||||
24 | amendatory Act of the 95th General Assembly. | ||||||
25 | (d) Complaints may be filed with the Commission under this | ||||||
26 | Section by a customer whose natural gas service has been |
| |||||||
| |||||||
1 | provided by an alternative gas supplier in a manner not in | ||||||
2 | compliance with subsection (c) of this Section. If, after | ||||||
3 | notice and hearing, the Commission finds that an alternative | ||||||
4 | gas supplier has violated subsection (c), then the Commission | ||||||
5 | may in its discretion do any one or more of the following: | ||||||
6 | (1) Require the violating alternative gas supplier to | ||||||
7 | refund the customer charges collected in excess of those | ||||||
8 | that would have been charged by the customer's authorized | ||||||
9 | natural gas provider. | ||||||
10 | (2) Require the violating alternative gas supplier to | ||||||
11 | pay to the customer's authorized natural gas provider the | ||||||
12 | amount the authorized natural gas provider would have | ||||||
13 | collected for natural gas service. The Commission is | ||||||
14 | authorized to reduce this payment by any amount already | ||||||
15 | paid by the violating alternative gas supplier to the | ||||||
16 | customer's authorized natural gas provider. | ||||||
17 | (3) Require the violating alternative gas supplier to | ||||||
18 | pay a fine of up to $1,000 into the Public Utility Fund for | ||||||
19 | each repeated and intentional violation of this Section. | ||||||
20 | (4) Issue a cease and desist order. | ||||||
21 | (5) For a pattern of violation of this Section or for | ||||||
22 | intentionally violating a cease and desist order, revoke | ||||||
23 | the violating alternative gas supplier's certificate of | ||||||
24 | service authority.
| ||||||
25 | (e) No alternative gas supplier shall:
| ||||||
26 | (1) enter into or employ any
arrangements which have |
| |||||||
| |||||||
1 | the effect of preventing any customer from having
access to
| ||||||
2 | the services of the gas utility in whose service area the | ||||||
3 | customer is located;
| ||||||
4 | (2) charge customers for such access;
| ||||||
5 | (3) bill for goods or services not authorized by the | ||||||
6 | customer; or | ||||||
7 | (4) bill for a disputed amount where the alternative | ||||||
8 | gas supplier has been provided notice of such dispute. The | ||||||
9 | supplier shall attempt to resolve a dispute with the | ||||||
10 | customer. When the dispute is not resolved to the | ||||||
11 | customer's satisfaction, the supplier shall inform the | ||||||
12 | customer of the right to file an informal complaint with | ||||||
13 | the Commission and provide contact information. While the | ||||||
14 | pending dispute is active at the Commission, an alternative | ||||||
15 | gas supplier may bill only for the undisputed amount until | ||||||
16 | the Commission has taken final action on the complaint. | ||||||
17 | (f) An alternative gas supplier that is certified to serve | ||||||
18 | residential
or small commercial customers shall not:
| ||||||
19 | (1) deny service to a customer or group of customers | ||||||
20 | nor
establish any differences as to prices, terms,
| ||||||
21 | conditions, services, products, facilities, or in any | ||||||
22 | other respect, whereby
such denial or differences are based | ||||||
23 | upon race, gender, or income , except as provided in Section | ||||||
24 | 19-116 ;
| ||||||
25 | (2) deny service based on locality, nor establish any | ||||||
26 | unreasonable
difference as to prices, terms, conditions, |
| |||||||
| |||||||
1 | services, products, or facilities
as
between localities;
| ||||||
2 | (3) include in any agreement a provision that obligates | ||||||
3 | a customer to the terms of the agreement if the customer | ||||||
4 | (i) moves outside the State of Illinois; (ii) moves to a | ||||||
5 | location without a transportation service program; or | ||||||
6 | (iii) moves to a location where the customer will not | ||||||
7 | require natural gas service, provided that nothing in this | ||||||
8 | subsection precludes an alternative gas supplier from | ||||||
9 | taking any action otherwise available to it to collect a | ||||||
10 | debt that arises out of service provided to the customer | ||||||
11 | before the customer moved; or | ||||||
12 | (4) assign the agreement to any alternative natural gas | ||||||
13 | supplier, unless: | ||||||
14 | (A) the supplier is an alternative gas supplier | ||||||
15 | certified by the Commission; | ||||||
16 | (B) the rates, terms, and conditions of the | ||||||
17 | agreement being assigned do not change during the | ||||||
18 | remainder of the time covered by the agreement; | ||||||
19 | (C) the customer is given no less than 30 days | ||||||
20 | prior written notice of the assignment and contact | ||||||
21 | information for the new supplier; and | ||||||
22 | (D) the supplier assigning the contract provides | ||||||
23 | contact information that a customer can use to resolve | ||||||
24 | a dispute. | ||||||
25 | (g) An alternative gas supplier shall comply with the | ||||||
26 | following requirements
with respect to the marketing, |
| |||||||
| |||||||
1 | offering, and provision of products or services:
| ||||||
2 | (1) All Any marketing materials , including, but not | ||||||
3 | limited to, electronic marketing materials, in-person | ||||||
4 | solicitations, and telephone solicitations, which make | ||||||
5 | statements concerning prices,
terms, and conditions of | ||||||
6 | service shall contain information that
adequately | ||||||
7 | discloses the prices, terms , and conditions of the products
| ||||||
8 | or services and shall disclose the utility gas supply cost | ||||||
9 | rates per therm price available from the Illinois Commerce | ||||||
10 | Commission website applicable at the time the alternative | ||||||
11 | gas supplier is offering or selling the products or | ||||||
12 | services to the customer and shall disclose the date on | ||||||
13 | which the utility gas supply cost rates per therm became | ||||||
14 | effective and the date on which they will expire. All | ||||||
15 | marketing materials, including, but not limited to, | ||||||
16 | electronic marketing materials, in-person solicitations, | ||||||
17 | and telephone solicitations, shall include the following | ||||||
18 | statement: .
| ||||||
19 | "(Name of the alternative gas supplier) is not the | ||||||
20 | same entity as your gas delivery company. You are not | ||||||
21 | required to enroll with (name of alternative gas | ||||||
22 | supplier). Beginning on (effective date), the utility | ||||||
23 | gas supply cost rate per therm is (cost). The utility | ||||||
24 | gas supply cost will expire on (expiration date). For | ||||||
25 | more information go to the Illinois Commerce | ||||||
26 | Commission's free website at |
| |||||||
| |||||||
1 | www.icc.illinois.gov/ags/consumereducation.aspx.". | ||||||
2 | This paragraph (1) does not apply to goodwill or | ||||||
3 | institutional advertising.
| ||||||
4 | (2) Before any customer is switched from another | ||||||
5 | supplier, the
alternative gas supplier shall give the | ||||||
6 | customer written information
that clearly and | ||||||
7 | conspicuously discloses, in plain language, the prices, | ||||||
8 | terms, and
conditions of the products and services being | ||||||
9 | offered and sold to the
customer. This written information | ||||||
10 | shall be provided in a language in which the customer | ||||||
11 | subject to the marketing or solicitation is able to | ||||||
12 | understand and communicate, and the alternative gas | ||||||
13 | supplier shall not switch a customer who is unable to | ||||||
14 | understand and communicate in a language in which the | ||||||
15 | marketing or solicitation was conducted. The alternative | ||||||
16 | gas supplier shall comply with Section 2N of the Consumer | ||||||
17 | Fraud and Deceptive Business Practices Act. Nothing in this | ||||||
18 | paragraph (2) may be read to relieve an alternative gas | ||||||
19 | supplier from the duties imposed on it by item (3) of | ||||||
20 | subsection (c) of Section 2DDD of the Consumer Fraud and | ||||||
21 | Deceptive Business Practices Act.
| ||||||
22 | (3) The alternative gas supplier shall provide to the | ||||||
23 | customer:
| ||||||
24 | (A) accurate, timely, and itemized billing | ||||||
25 | statements that describe
the products and services
| ||||||
26 | provided to the customer and their prices
and that |
| |||||||
| |||||||
1 | specify the
gas consumption amount and any service
| ||||||
2 | charges and taxes; provided that this item (g)(3)(A) | ||||||
3 | does not apply to small
commercial customers;
| ||||||
4 | (B) billing statements that clearly and | ||||||
5 | conspicuously discloses the name and contact | ||||||
6 | information for the alternative gas supplier; | ||||||
7 | (C) an additional
statement, at least annually, | ||||||
8 | that adequately discloses the average
monthly prices, | ||||||
9 | and the terms and conditions, of the products and
| ||||||
10 | services sold to the customer; provided that this item | ||||||
11 | (g)(3)(C) does not
apply to small commercial | ||||||
12 | customers;
| ||||||
13 | (D) refunds of any deposits with interest within 30 | ||||||
14 | days after the
date
that the customer changes gas | ||||||
15 | suppliers or discontinues service if the customer
has | ||||||
16 | satisfied all of his or her outstanding financial | ||||||
17 | obligations to the
alternative gas supplier at an | ||||||
18 | interest rate set by the Commission which shall
be the | ||||||
19 | same as that required of gas utilities; and
| ||||||
20 | (E) refunds, in a timely fashion, of all undisputed | ||||||
21 | overpayments upon
the oral or written request of the | ||||||
22 | customer.
| ||||||
23 | (4) An alternative gas supplier and its sales agents | ||||||
24 | shall refrain from any direct marketing or soliciting to | ||||||
25 | consumers on the gas utility's "Do Not Contact List", which | ||||||
26 | the alternative gas supplier shall obtain on the 15th |
| |||||||
| |||||||
1 | calendar day of the month from the gas utility in whose | ||||||
2 | service area the consumer is provided with gas service. If | ||||||
3 | the 15th calendar day is a non-business day, then the | ||||||
4 | alternative gas supplier shall obtain the list on the next | ||||||
5 | business day following the 15th calendar day of that month. | ||||||
6 | (5) Early Termination. | ||||||
7 | (A) Any agreement that contains an early | ||||||
8 | termination clause shall disclose the amount of the | ||||||
9 | early termination fee, provided that any early | ||||||
10 | termination fee or penalty shall not exceed $50 total, | ||||||
11 | regardless of whether or not the agreement is a | ||||||
12 | multiyear agreement. | ||||||
13 | (B) In any agreement that contains an early | ||||||
14 | termination clause, an alternative gas supplier shall | ||||||
15 | provide the customer the opportunity to terminate the | ||||||
16 | agreement without any termination fee or penalty | ||||||
17 | within 10 business days after the date of the first | ||||||
18 | bill issued to the customer for products or services | ||||||
19 | provided by the alternative gas supplier. The | ||||||
20 | agreement shall disclose the opportunity and provide a | ||||||
21 | toll-free phone number that the customer may call in | ||||||
22 | order to terminate the agreement. Beginning January 1, | ||||||
23 | 2020, residential and small commercial customers shall | ||||||
24 | have a right to terminate their agreements with | ||||||
25 | alternative gas suppliers at any time without any | ||||||
26 | termination fees or penalties. |
| |||||||
| |||||||
1 | (6) Within 2 business days after electronic receipt of | ||||||
2 | a customer switch from the alternative gas supplier and | ||||||
3 | confirmation of eligibility, the gas utility shall provide | ||||||
4 | the customer written notice confirming the switch. The gas | ||||||
5 | utility shall not switch the service until 10 business days | ||||||
6 | after the date on the notice to the customer. | ||||||
7 | (7) The alternative gas supplier shall provide each | ||||||
8 | customer the opportunity to rescind its agreement without | ||||||
9 | penalty within 10 business days after the date on the gas | ||||||
10 | utility notice to the customer. The alternative gas | ||||||
11 | supplier shall disclose all of the following: | ||||||
12 | (A) that the gas utility shall send a notice | ||||||
13 | confirming the switch; | ||||||
14 | (B) that from the date the utility issues the | ||||||
15 | notice confirming the switch, the customer shall have | ||||||
16 | 10 business days to rescind the switch without penalty; | ||||||
17 | (C) that the customer shall contact the gas utility | ||||||
18 | or the alternative gas supplier to rescind the switch; | ||||||
19 | and | ||||||
20 | (D) the contact information for the gas utility. | ||||||
21 | The alternative gas supplier disclosure shall be | ||||||
22 | included in its sales solicitations, contracts, and all | ||||||
23 | applicable sales verification scripts. | ||||||
24 | (8) All in-person and telephone solicitations shall be | ||||||
25 | conducted in, translated into, and provided in a language | ||||||
26 | in which the consumer subject to the marketing or |
| |||||||
| |||||||
1 | solicitation is able to understand and communicate. An | ||||||
2 | alternative gas supplier shall terminate a solicitation if | ||||||
3 | the consumer subject to the marketing or communication is | ||||||
4 | unable to understand and communicate in the language in | ||||||
5 | which the marketing or solicitation is being conducted. An | ||||||
6 | alternative gas supplier shall comply with Section 2N of | ||||||
7 | the Consumer Fraud and Deceptive Business Practices Act. | ||||||
8 | (h) An alternative gas supplier may limit the overall size | ||||||
9 | or availability
of
a
service offering by specifying one or more | ||||||
10 | of the following:
| ||||||
11 | (1) a maximum number
of
customers and maximum amount of | ||||||
12 | gas load to be served;
| ||||||
13 | (2) time period during which
the
offering will be | ||||||
14 | available; or
| ||||||
15 | (3) other comparable limitation, but not including
the
| ||||||
16 | geographic locations of customers within the area which the | ||||||
17 | alternative gas
supplier is
certificated to serve.
| ||||||
18 | The alternative gas supplier shall file the terms and
| ||||||
19 | conditions of
such service offering including the applicable | ||||||
20 | limitations with the Commission
prior to
making the service | ||||||
21 | offering available to customers.
| ||||||
22 | (i) Nothing in this Section shall be construed as | ||||||
23 | preventing an alternative
gas
supplier that is an affiliate of, | ||||||
24 | or which contracts with,
(i) an industry or
trade
organization | ||||||
25 | or association,
(ii) a membership organization or association | ||||||
26 | that
exists for
a purpose other than the purchase of gas, or
|
| |||||||
| |||||||
1 | (iii) another organization that
meets criteria
established in a | ||||||
2 | rule adopted by the Commission from offering through the
| ||||||
3 | organization
or association services at prices, terms and | ||||||
4 | conditions that are available
solely to the
members of the | ||||||
5 | organization or association.
| ||||||
6 | (Source: P.A. 95-1051, eff. 4-10-09.)
| ||||||
7 | (220 ILCS 5/19-116 new) | ||||||
8 | Sec. 19-116. Alternative gas supplier utility assistance | ||||||
9 | recipient. | ||||||
10 | (a) Beginning January 1, 2020, an alternative gas supplier | ||||||
11 | shall not knowingly submit an enrollment to change a customer's | ||||||
12 | natural gas supplier if the gas utility's records indicate that | ||||||
13 | the customer received financial assistance in the previous 12 | ||||||
14 | months from either the Low Income Home Energy Assistance | ||||||
15 | Program or, at the time of enrollment is participating in the | ||||||
16 | Percentage of Income Payment Plan, unless the customer's change | ||||||
17 | in gas supplier is pursuant to a Commission-approved savings | ||||||
18 | guarantee plan as described in 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 |
| |||||||
| |||||||
1 | minimum, the savings guarantee plan shall charge customers for | ||||||
2 | natural gas supply at an amount that is less than the amount | ||||||
3 | charged by the gas utility. | ||||||
4 | (c) An agreement entered into between an alternative gas | ||||||
5 | supplier and a customer in violation of this Section is void | ||||||
6 | and unenforceable. Before the gas utility executes a change in | ||||||
7 | a customer's natural gas supplier, other than a change pursuant | ||||||
8 | to a Commission-approved savings guarantee plan as described in | ||||||
9 | subsection (b), the gas utility shall confirm at the time of | ||||||
10 | the request whether its records indicate that the customer has | ||||||
11 | either received financial assistance from the Low Income Home | ||||||
12 | Energy Assistance Program within the previous 12 months, or, at | ||||||
13 | the time of enrollment is participating in the Percentage of | ||||||
14 | Income Payment Plan; and if so, shall reject such change | ||||||
15 | request. Absent willful or wanton misconduct, no gas utility | ||||||
16 | shall be held liable for any error in acting or failing to act | ||||||
17 | pursuant to this Section.
| ||||||
18 | (220 ILCS 5/19-120)
| ||||||
19 | Sec. 19-120. Commission oversight of services provided by | ||||||
20 | gas
suppliers. | ||||||
21 | (a) The provisions of this Section shall apply only to | ||||||
22 | alternative gas
suppliers
serving or seeking to serve | ||||||
23 | residential or small commercial customers and
only to the | ||||||
24 | extent such
alternative gas suppliers provide services to | ||||||
25 | residential or small
commercial customers.
|
| |||||||
| |||||||
1 | (b) The Commission shall have jurisdiction in accordance | ||||||
2 | with the provisions
of Article X of this Act either to | ||||||
3 | investigate on its own motion in order to determine whether or | ||||||
4 | to entertain and dispose of any complaint against any
| ||||||
5 | alternative
gas supplier alleging that:
| ||||||
6 | (1) the alternative gas supplier has violated or is
in
| ||||||
7 | nonconformance with any applicable provisions of Section | ||||||
8 | 19-110, 19-111, 19-112, or Section
19-115;
| ||||||
9 | (2) an alternative gas supplier has failed to provide | ||||||
10 | service in
accordance with the
terms of its contract or | ||||||
11 | contracts with a customer or customers;
| ||||||
12 | (3) the
alternative
gas supplier has violated or is in | ||||||
13 | nonconformance with the transportation
services tariff
of, | ||||||
14 | or any of its agreements relating to transportation | ||||||
15 | services with, the gas
utility or
municipal system | ||||||
16 | providing transportation services; or
| ||||||
17 | (4) the
alternative gas
supplier has violated or failed | ||||||
18 | to comply with the requirements of Sections
8-201
through | ||||||
19 | 8-207, 8-301, 8-505, or 8-507 of this Act as made | ||||||
20 | applicable to
alternative gas
suppliers.
| ||||||
21 | (c) The Commission shall have authority after notice and | ||||||
22 | hearing held on
complaint or on the Commission's own motion to | ||||||
23 | order any or all of the following remedies, penalties, or forms | ||||||
24 | of relief:
| ||||||
25 | (1) order an alternative gas supplier to cease and | ||||||
26 | desist, or correct,
any violation of or nonconformance with |
| |||||||
| |||||||
1 | the provisions of Section
19-110, 19-111, 19-112, or | ||||||
2 | 19-115;
| ||||||
3 | (2) impose financial penalties for violations of or | ||||||
4 | nonconformances
with the provisions of Section 19-110, | ||||||
5 | 19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per | ||||||
6 | occurrence or (ii) $30,000 per day for those violations or
| ||||||
7 | nonconformances which continue after the Commission issues | ||||||
8 | a
cease-and-desist order; and
| ||||||
9 | (3) alter, modify, revoke, or suspend the certificate | ||||||
10 | of service
authority
of an alternative gas supplier for | ||||||
11 | substantial or repeated violations of
or nonconformances | ||||||
12 | with the provisions of Section 19-110, 19-111, 19-112, or | ||||||
13 | 19-115.
| ||||||
14 | (d) Nothing in this Act shall be construed to limit, | ||||||
15 | restrict, or
mitigate
in
any way the power and authority of the | ||||||
16 | State's Attorneys or the Attorney
General under the Consumer | ||||||
17 | Fraud and Deceptive Business Practices Act.
| ||||||
18 | (e) In addition to other powers and authority granted to it | ||||||
19 | under this Act, the Commission may require an alternative gas | ||||||
20 | supplier to enter into a compliance
plan. If the Commission | ||||||
21 | comes into possession of information causing it to conclude | ||||||
22 | that an alternative gas supplier is violating this Act or the | ||||||
23 | Commission's rules, the Commission may, after notice and | ||||||
24 | hearing, enter an order directing the alternative gas supplier | ||||||
25 | to implement practices, procedures, oversight, or other | ||||||
26 | measures or refrain from practices, conduct, or activities as |
| |||||||
| |||||||
1 | the Commission finds is necessary or reasonable to ensure the | ||||||
2 | alternative gas supplier's compliance with this Act and the | ||||||
3 | Commission's rules. Failure by an alternative gas supplier to | ||||||
4 | implement or comply with a Commission-ordered compliance plan | ||||||
5 | is a violation of this Section. The Commission, in its | ||||||
6 | discretion, may order a compliance plan under such | ||||||
7 | circumstances as it considers warranted and is not required to | ||||||
8 | order a compliance plan prior to taking other enforcement | ||||||
9 | action against an alternative retail gas supplier. Nothing in | ||||||
10 | this subsection (e) shall be interpreted to limit the authority | ||||||
11 | or right of the Attorney General. | ||||||
12 | (Source: P.A. 95-1051, eff. 4-10-09.)
| ||||||
13 | (220 ILCS 5/19-130)
| ||||||
14 | Sec. 19-130. Commission study and report. The Commission's | ||||||
15 | Office of Retail Market Development shall prepare an annual
| ||||||
16 | report regarding the
development of competitive retail natural | ||||||
17 | gas markets in Illinois. The Office shall monitor existing | ||||||
18 | competitive conditions in Illinois, identify barriers to | ||||||
19 | retail competition for all customer classes, and actively | ||||||
20 | explore and propose to the Commission and to the General | ||||||
21 | Assembly solutions to overcome identified barriers. Solutions | ||||||
22 | proposed by the Office to promote retail competition must also | ||||||
23 | promote safe, reliable, and affordable natural gas service. | ||||||
24 | On or before October 1 of each year, beginning in 2015, the | ||||||
25 | Director shall submit a report to the Commission, the General |
| |||||||
| |||||||
1 | Assembly, and the Governor, that includes, at a minimum, the | ||||||
2 | following
information:
| ||||||
3 | (1) an analysis of the status and development of the | ||||||
4 | retail natural gas
market in the State of Illinois; and | ||||||
5 | (2) a discussion of any identified barriers to the | ||||||
6 | development of competitive retail natural gas markets in | ||||||
7 | Illinois and proposed solutions to overcome identified | ||||||
8 | barriers; and
| ||||||
9 | (3) any other information the Office considers | ||||||
10 | significant in
assessing
the development of natural gas
| ||||||
11 | markets in the State of Illinois.
| ||||||
12 | Beginning in 2021, the report shall also include the | ||||||
13 | information submitted to the Commission pursuant to paragraph | ||||||
14 | (6) of subsection (b) of Section 19-115. | ||||||
15 | (Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
| ||||||
16 | (220 ILCS 5/19-135)
| ||||||
17 | Sec. 19-135. Single billing. | ||||||
18 | (a) It is the intent of the General Assembly
that in any | ||||||
19 | service
area where customers are able to choose their natural | ||||||
20 | gas supplier, a single
billing option shall be offered to | ||||||
21 | customers for both the services provided by
the alternative gas | ||||||
22 | supplier and the delivery services provided by the gas
utility. | ||||||
23 | A gas utility shall file a tariff pursuant to Article IX of | ||||||
24 | this Act
that allows alternative gas suppliers to issue single | ||||||
25 | bills to residential and
small commercial customers for both |
| |||||||
| |||||||
1 | the services provided by the alternative
gas supplier and the | ||||||
2 | delivery services provided by the gas utility to
customers; | ||||||
3 | provided that if a form of single billing is being offered in a | ||||||
4 | gas
utility's service area on the effective date of this | ||||||
5 | amendatory Act of the
92nd General Assembly, that form of | ||||||
6 | single billing shall remain in effect
unless and until | ||||||
7 | otherwise ordered by the Commission.
| ||||||
8 | (b) Every alternative gas supplier that issues a single | ||||||
9 | bill for delivery and supply shall include on the single bill | ||||||
10 | issued to a residential customer the current utility gas supply | ||||||
11 | cost rate per therm that would apply to the customer for the | ||||||
12 | billing period if the customer obtained supply from the | ||||||
13 | utility, including all fixed or monthly supply charges and | ||||||
14 | other charges, credits, or rates that are part of the gas | ||||||
15 | supply price. | ||||||
16 | (c) Every gas utility that offers supply choice and | ||||||
17 | provides delivery and alternative gas supply service on a | ||||||
18 | single bill to its residential customers shall include on the | ||||||
19 | bill of each residential customer who purchases supply services | ||||||
20 | from an alternative gas supplier the current utility gas supply | ||||||
21 | cost rate per therm that would apply to the customer for the | ||||||
22 | billing period if the customer obtained supply from the | ||||||
23 | utility, including all fixed or monthly supply charges and | ||||||
24 | other charges, credits, or rates that are part of the gas | ||||||
25 | supply price. | ||||||
26 | (Source: P.A. 92-852, eff. 8-26-02.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/20-110) | ||||||
2 | Sec. 20-110. Office of Retail Market Development. Within 90 | ||||||
3 | days after the effective date of this amendatory Act of the | ||||||
4 | 94th General Assembly, subject to appropriation, the | ||||||
5 | Commission shall establish an Office of Retail Market | ||||||
6 | Development and employ on its staff a Director of Retail Market | ||||||
7 | Development to oversee the Office. The Director shall have | ||||||
8 | authority to employ or otherwise retain at least 2 | ||||||
9 | professionals dedicated to the task of actively seeking out | ||||||
10 | ways to promote retail competition in Illinois to benefit all | ||||||
11 | Illinois consumers. | ||||||
12 | The Office shall actively seek input from all interested | ||||||
13 | parties and shall develop a thorough understanding and critical | ||||||
14 | analyses of the tools and techniques used to promote retail | ||||||
15 | competition in other states. | ||||||
16 | The Office shall monitor existing competitive conditions | ||||||
17 | in Illinois, identify barriers to retail competition for all | ||||||
18 | customer classes, and actively explore and propose to the | ||||||
19 | Commission and to the General Assembly solutions to overcome | ||||||
20 | identified barriers. The Director may include municipal | ||||||
21 | aggregation of customers and creating and designing customer | ||||||
22 | choice programs as tools for retail market development. | ||||||
23 | Solutions proposed by the Office to promote retail competition | ||||||
24 | must also promote safe, reliable, and affordable electric | ||||||
25 | service. |
| |||||||
| |||||||
1 | On or before July 31 June 30 of each year, the Director | ||||||
2 | shall submit a report to the Commission, the General Assembly, | ||||||
3 | and the Governor, that details specific accomplishments | ||||||
4 | achieved by the Office in the prior 12 months in promoting | ||||||
5 | retail electric competition and that suggests administrative | ||||||
6 | and legislative action necessary to promote further | ||||||
7 | improvements in retail electric competition. On or before July | ||||||
8 | 31, 2021 and each year thereafter, the report shall include the | ||||||
9 | information submitted to the Commission pursuant to paragraph | ||||||
10 | (iii) of subsection (a) of Section 16-115A.
| ||||||
11 | (Source: P.A. 94-1095, eff. 2-2-07.) | ||||||
12 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
13 | Practices Act is amended by changing Sections 2EE and 2DDD as | ||||||
14 | follows:
| ||||||
15 | (815 ILCS 505/2EE)
| ||||||
16 | Sec. 2EE. Alternative retail electric supplier Electric | ||||||
17 | service provider selection. | ||||||
18 | (a) An alternative retail electric supplier electric | ||||||
19 | service provider shall not submit or execute
a change in a | ||||||
20 | consumer's subscriber's selection of a provider of electric
| ||||||
21 | service unless and until : | ||||||
22 | (i) the alternative retail electric supplier provider | ||||||
23 | first discloses all material terms and conditions of the | ||||||
24 | offer to the consumer subscriber ; |
| |||||||
| |||||||
1 | (ii) the alternative retail electric supplier | ||||||
2 | discloses the utility electric supply price to compare, | ||||||
3 | which shall be the sum of the electric supply charge and | ||||||
4 | the transmission services charge, and shall not include the | ||||||
5 | purchased electricity adjustment, applicable at the time | ||||||
6 | the offer is made to the consumer; | ||||||
7 | (iii) the alternative retail electric provider | ||||||
8 | discloses the following statement: | ||||||
9 | "(Name of the alternative retail electric | ||||||
10 | supplier) is not the same entity as your electric | ||||||
11 | delivery company. You are not required to enroll with | ||||||
12 | (name of alternative retail electric supplier). As of | ||||||
13 | (effective date), the electric supply price to compare | ||||||
14 | is currently (price in cents per kilowatt hour). The | ||||||
15 | electric utility electric supply price will expire on | ||||||
16 | (expiration date). The utility electric supply price | ||||||
17 | to compare does not include the purchased electricity | ||||||
18 | adjustment factor. For more information go to the | ||||||
19 | Illinois Commerce Commission's free website at | ||||||
20 | www.pluginillinois.org.". | ||||||
21 | If applicable, the statement shall include the | ||||||
22 | following statement: | ||||||
23 | "The purchased electricity adjustment factor may | ||||||
24 | range between +.5 cents and -.5 cents per kilowatt | ||||||
25 | hour."; | ||||||
26 | (iv) the alternative retail electric supplier has |
| |||||||
| |||||||
1 | obtained the consumer's express agreement to accept the | ||||||
2 | offer after the disclosure of all material terms and | ||||||
3 | conditions of the offer; and | ||||||
4 | (v) the alternative retail electric supplier has | ||||||
5 | confirmed the request for a change in accordance with one | ||||||
6 | of the following procedures: (ii) the provider has obtained | ||||||
7 | the subscriber's express agreement to accept the offer | ||||||
8 | after the disclosure of all material terms and conditions | ||||||
9 | of the offer; and (iii) the provider has confirmed the | ||||||
10 | request for a change in accordance with one of the | ||||||
11 | following procedures:
| ||||||
12 | (A) (a) The new alternative retail electric | ||||||
13 | supplier electric service provider has obtained the | ||||||
14 | consumer's
subscriber's
written or electronically | ||||||
15 | signed
authorization in a form that meets the
following | ||||||
16 | requirements:
| ||||||
17 | (1) An alternative retail electric supplier | ||||||
18 | electric service provider shall obtain any
| ||||||
19 | necessary written or electronically signed | ||||||
20 | authorization from a consumer subscriber for a
| ||||||
21 | change in electric service by using a letter of | ||||||
22 | agency as
specified in this
Section. Any letter of | ||||||
23 | agency that does
not conform with this
Section is | ||||||
24 | invalid.
| ||||||
25 | (2) The letter of agency shall be a separate
| ||||||
26 | document (an easily separable document containing |
| |||||||
| |||||||
1 | only
the authorization language described in | ||||||
2 | subparagraph (5) (a)(5)
of this
Section ) whose | ||||||
3 | sole purpose is to authorize an
electric service | ||||||
4 | provider change. The letter of agency
must be | ||||||
5 | signed and dated by the consumer subscriber | ||||||
6 | requesting the
electric service provider change.
| ||||||
7 | (3) The letter of agency shall not be combined | ||||||
8 | with
inducements of any kind on the same document.
| ||||||
9 | (4) Notwithstanding subparagraphs (1) (a)(1) | ||||||
10 | and (2) (a)(2) of
this
Section , the letter of | ||||||
11 | agency may be combined with
checks that contain | ||||||
12 | only the required letter of agency
language | ||||||
13 | prescribed in subparagraph (5) (a)(5)
of this | ||||||
14 | Section and
the necessary information to make the | ||||||
15 | check a negotiable
instrument. The letter of | ||||||
16 | agency check shall not contain
any promotional | ||||||
17 | language or material. The letter of
agency check | ||||||
18 | shall contain in easily readable, bold-face
type | ||||||
19 | on the face of the check, a notice that the | ||||||
20 | consumer
is authorizing an electric service | ||||||
21 | provider change by
signing the check. The letter of | ||||||
22 | agency language also
shall be placed near the | ||||||
23 | signature line on the back of
the check.
| ||||||
24 | (5) At a minimum, the letter of agency must be
| ||||||
25 | printed with a print of sufficient size to be | ||||||
26 | clearly
legible, and must contain clear and |
| |||||||
| |||||||
1 | unambiguous language
that confirms:
| ||||||
2 | (i) The consumer's subscriber's billing | ||||||
3 | name and address;
| ||||||
4 | (ii) The decision to change the electric | ||||||
5 | service
provider from the current provider to | ||||||
6 | the
prospective provider;
| ||||||
7 | (iii) The terms, conditions, and nature of | ||||||
8 | the
service to be provided to the consumer | ||||||
9 | subscriber must be
clearly and conspicuously | ||||||
10 | disclosed, in writing, and
an alternative | ||||||
11 | retail electric supplier electric service | ||||||
12 | provider must directly establish
the rates for | ||||||
13 | the service contracted for by the consumer
| ||||||
14 | subscriber ; and
| ||||||
15 | (iv) That the consumer subscriber | ||||||
16 | understand that any
alternative retail | ||||||
17 | electric supplier electric service provider | ||||||
18 | selection the consumer subscriber
chooses may | ||||||
19 | involve a charge to the consumer subscriber for
| ||||||
20 | changing the consumer's subscriber's electric | ||||||
21 | service provider.
| ||||||
22 | (6) Letters of agency shall not suggest or | ||||||
23 | require
that a consumer subscriber take some | ||||||
24 | action in order to retain the consumer's
| ||||||
25 | subscriber's current electric service provider.
| ||||||
26 | (7) If any portion of a letter of agency is
|
| |||||||
| |||||||
1 | translated into another language, then all | ||||||
2 | portions of
the letter of agency must be translated | ||||||
3 | into that
language.
| ||||||
4 | (B) (b) An appropriately qualified independent | ||||||
5 | third party has obtained, in accordance with the | ||||||
6 | procedures set forth in this subsection (b), the | ||||||
7 | consumer's subscriber's oral authorization to change | ||||||
8 | electric suppliers that confirms and includes | ||||||
9 | appropriate verification data. The independent third | ||||||
10 | party (i) must not be owned, managed, controlled, or | ||||||
11 | directed by the supplier or the supplier's marketing | ||||||
12 | agent; (ii) must not have any financial incentive to | ||||||
13 | confirm supplier change requests for the supplier or | ||||||
14 | the supplier's marketing agent; and (iii) must operate | ||||||
15 | in a location physically separate from the supplier or | ||||||
16 | the supplier's marketing agent.
| ||||||
17 | Automated third-party verification systems and | ||||||
18 | 3-way conference calls may be used for verification | ||||||
19 | purposes so long as the other requirements of this | ||||||
20 | subsection (b) are satisfied. | ||||||
21 | A supplier or supplier's sales representative | ||||||
22 | initiating a 3-way conference call or a call through an | ||||||
23 | automated verification system must drop off the call | ||||||
24 | once the 3-way connection has been established. | ||||||
25 | All third-party verification methods shall elicit, | ||||||
26 | at a minimum, the following information: (i) the |
| |||||||
| |||||||
1 | identity of the consumer subscriber ; (ii) confirmation | ||||||
2 | that the person on the call is the account holder, has | ||||||
3 | been specifically and explicitly authorized by the | ||||||
4 | account holder, or possesses lawful authority | ||||||
5 | authorized to make the supplier change; (iii) | ||||||
6 | confirmation that the person on the call wants to make | ||||||
7 | the supplier change; (iv) the names of the suppliers | ||||||
8 | affected by the change; (v) the service address of the | ||||||
9 | supply to be switched; and (vi) the price of the | ||||||
10 | service to be supplied and the material terms and | ||||||
11 | conditions of the service being offered, including | ||||||
12 | whether any early termination fees apply. Third-party | ||||||
13 | verifiers may not market the supplier's services by | ||||||
14 | providing additional information, including | ||||||
15 | information regarding procedures to block or otherwise | ||||||
16 | freeze an account against further changes. | ||||||
17 | All third-party verifications shall be conducted | ||||||
18 | in the same language that was used in the underlying | ||||||
19 | sales transaction and shall be recorded in their | ||||||
20 | entirety. Submitting suppliers shall maintain and | ||||||
21 | preserve audio records of verification of subscriber | ||||||
22 | authorization for a minimum period of 2 years after | ||||||
23 | obtaining the verification. Automated systems must | ||||||
24 | provide consumers with an option to speak with a live | ||||||
25 | person at any time during the call.
Each disclosure | ||||||
26 | made during the third-party verification must be made |
| |||||||
| |||||||
1 | individually to obtain clear acknowledgment of each | ||||||
2 | disclosure. The alternative retail electric supplier | ||||||
3 | must be in a location where he or she cannot hear the | ||||||
4 | customer while the third-party verification is | ||||||
5 | conducted. The alternative retail electric supplier | ||||||
6 | shall not contact the customer after the third-party | ||||||
7 | verification for a period of 24 hours unless the | ||||||
8 | customer initiates the contact. | ||||||
9 | (C) (c) When a consumer subscriber initiates the | ||||||
10 | call to the prospective alternative retail electric | ||||||
11 | supplier electric supplier , in order to enroll the | ||||||
12 | consumer subscriber as a customer, the prospective | ||||||
13 | alternative retail electric supplier must, with the | ||||||
14 | consent of the customer, make a date-stamped, | ||||||
15 | time-stamped audio recording that elicits, at a | ||||||
16 | minimum, the following information: | ||||||
17 | (1) the identity of the customer subscriber ; | ||||||
18 | (2) confirmation that the person on the call is | ||||||
19 | authorized to make the supplier change; | ||||||
20 | (3) confirmation that the person on the call | ||||||
21 | wants to make the supplier change; | ||||||
22 | (4) the names of the suppliers affected by the | ||||||
23 | change; | ||||||
24 | (5) the service address of the supply to be | ||||||
25 | switched; and | ||||||
26 | (6) the price of the service to be supplied and |
| |||||||
| |||||||
1 | the material terms and conditions of the service | ||||||
2 | being offered, including whether any early | ||||||
3 | termination fees apply.
| ||||||
4 | Submitting suppliers shall maintain and preserve | ||||||
5 | the audio records containing the information set forth | ||||||
6 | above for a minimum period of 2 years.
| ||||||
7 | (b)(1) An alternative retail electric supplier shall not | ||||||
8 | utilize the name of a public utility in any manner that is | ||||||
9 | deceptive or misleading, including, but not limited to implying | ||||||
10 | or otherwise leading a consumer to believe that an alternative | ||||||
11 | retail electric supplier is soliciting on behalf of or is an | ||||||
12 | agent of a utility. An alternative retail electric supplier | ||||||
13 | shall not utilize the name, or any other identifying insignia, | ||||||
14 | graphics, or wording that has been used at any time to | ||||||
15 | represent a public utility company or its services, to | ||||||
16 | identify, label, or define any of its electric power and energy | ||||||
17 | service offers. An alternative retail electric supplier may | ||||||
18 | state the name of a public electric utility in order to | ||||||
19 | accurately describe the electric utility service territories | ||||||
20 | in which the supplier is currently offering an electric power | ||||||
21 | and energy service. An alternative retail electric supplier | ||||||
22 | that is the affiliate of an Illinois public utility and that | ||||||
23 | was doing business in Illinois providing alternative retail | ||||||
24 | electric service on January 1, 2016 may continue to use that | ||||||
25 | public utility's name, logo, identifying insignia, graphics, | ||||||
26 | or wording in its business operations occurring outside the |
| |||||||
| |||||||
1 | service territory of the public utility with which it is | ||||||
2 | affiliated. | ||||||
3 | (2) An alternative retail electric supplier shall not state | ||||||
4 | or otherwise imply that the alternative retail electric | ||||||
5 | supplier is employed by, representing, endorsed by, or acting | ||||||
6 | on behalf of a utility or utility program, a consumer group or | ||||||
7 | consumer group program, or a governmental body, unless the | ||||||
8 | alternative retail electric supplier has entered into a | ||||||
9 | contractual arrangement with the governmental body and has been | ||||||
10 | authorized by the governmental body to make the statements. | ||||||
11 | (c) An alternative retail electric supplier shall not | ||||||
12 | submit or execute a change in a consumer's selection of a | ||||||
13 | provider of electric service unless the alternative retail | ||||||
14 | electric supplier complies with the following requirements of | ||||||
15 | this subsection (c). It is a violation of this Section for an | ||||||
16 | alternative retail electric supplier to fail to comply with | ||||||
17 | this subsection (c). The requirements of this subsection (c) | ||||||
18 | shall only apply to residential and small commercial retail | ||||||
19 | customers. For purposes of this subsection (c) only, "small | ||||||
20 | commercial retail customer" has the meaning given to that term | ||||||
21 | in Section 16-102 of the Public Utilities Act. | ||||||
22 | (1) During a solicitation an alternative retail | ||||||
23 | electric supplier shall state that he or represents an | ||||||
24 | independent seller of electric power and energy service | ||||||
25 | certified by the Illinois Commerce Commission and that he | ||||||
26 | or she is not employed by, representing, endorsed by, or |
| |||||||
| |||||||
1 | acting on behalf of, a utility, or a utility program, a | ||||||
2 | consumer group or consumer group program, or a governmental | ||||||
3 | body, unless the alternative retail electric supplier has | ||||||
4 | entered into a contractual arrangement with the | ||||||
5 | governmental body and has been authorized with the | ||||||
6 | governmental body to make the statements. | ||||||
7 | (2) Alternative retail electric suppliers who engage | ||||||
8 | in in-person solicitation for the purpose of selling | ||||||
9 | electric power and energy service offered by the | ||||||
10 | alternative retail electric supplier shall display | ||||||
11 | identification on an outer garment. This identification | ||||||
12 | shall be visible at all times and prominently display the | ||||||
13 | following: (i) the alternative retail electric supplier | ||||||
14 | agent's full name in reasonable size font; (ii) an agent | ||||||
15 | identification number; (iii) a photograph of the | ||||||
16 | alternative retail electric supplier agent; and (iv) the | ||||||
17 | trade name and logo of the alternative retail electric | ||||||
18 | supplier the agent is representing. If the agent is selling | ||||||
19 | electric power and energy services from multiple | ||||||
20 | alternative retail electric suppliers to the consumer, the | ||||||
21 | identification shall display the trade name and logo of the | ||||||
22 | agent, broker, or consultant entity as that entity is | ||||||
23 | defined in Section 16-115C of the Public Utilities Act. An | ||||||
24 | alternative retail electric supplier shall leave the | ||||||
25 | premises at the consumer's, owner's, or occupant's | ||||||
26 | request. A copy of the Uniform Disclosure Statement |
| |||||||
| |||||||
1 | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | ||||||
2 | is to be left with the consumer, at the conclusion of the | ||||||
3 | visit unless the consumer refuses to accept a copy. An | ||||||
4 | alternative retail electric supplier may provide the | ||||||
5 | Uniform Disclosure Statement electronically instead of in | ||||||
6 | paper form to a consumer upon that customer's request. The | ||||||
7 | alternative retail electric supplier shall also offer to | ||||||
8 | the consumer, at the time of the initiation of the | ||||||
9 | solicitation, a business card or other material that lists | ||||||
10 | the agent's name, identification number and title, and the | ||||||
11 | alternative retail electric supplier's name and contact | ||||||
12 | information, including phone number. The alternative | ||||||
13 | retail electric supplier shall not conduct any in-person | ||||||
14 | solicitations of consumers at any building or premises | ||||||
15 | where any sign, notice, or declaration of any description | ||||||
16 | whatsoever is posted that prohibits sales, marketing, or | ||||||
17 | solicitations. The alternative retail electric supplier | ||||||
18 | shall obtain consent to enter multi-unit residential | ||||||
19 | dwellings. Consent obtained to enter a multi-unit dwelling | ||||||
20 | from one prospective customer or occupant of the dwelling | ||||||
21 | shall not constitute consent to market to any other | ||||||
22 | prospective consumers without separate consent. | ||||||
23 | (3) An alternative retail electric supplier who | ||||||
24 | contacts consumers by telephone for the purpose of selling | ||||||
25 | electric power and energy service shall provide the agent's | ||||||
26 | name and identification number. Any telemarketing |
| |||||||
| |||||||
1 | solicitations that lead to a telephone enrollment of a | ||||||
2 | consumer must be recorded and retained for a minimum of 2 | ||||||
3 | years. All telemarketing calls of consumers that do not | ||||||
4 | lead to a telephone enrollment, but last at least 2 | ||||||
5 | minutes, shall be recorded and retained for a minimum of 6 | ||||||
6 | months. | ||||||
7 | (4) During an inbound enrollment call, an alternative | ||||||
8 | retail electric supplier shall state that he or she | ||||||
9 | represents an independent seller of electric power and | ||||||
10 | energy service certified by the Illinois Commerce | ||||||
11 | Commission. All inbound enrollment calls that lead to an | ||||||
12 | enrollment shall be recorded, and the recordings shall be | ||||||
13 | retained for a minimum of 2 years. An inbound enrollment | ||||||
14 | call that does not lead to an enrollment, but lasts at | ||||||
15 | least 2 minutes, shall be retained for a minimum of 6 | ||||||
16 | months. The alternative retail electric supplier shall | ||||||
17 | send the Uniform Disclosure Statement and contract to the | ||||||
18 | customer within 3 business days after the electric | ||||||
19 | utility's confirmation to the alternative retail electric | ||||||
20 | supplier of an accepted enrollment. | ||||||
21 | (5) If a direct mail solicitation to a consumer | ||||||
22 | includes a written letter of agency, it shall include the | ||||||
23 | Uniform Disclosure Statement described in 83 Ill. Adm. Code | ||||||
24 | 412.115 and 412.Appendix A. The Uniform Disclosure | ||||||
25 | Statement shall be provided on a separate page from the | ||||||
26 | other marketing materials included in the direct mail |
| |||||||
| |||||||
1 | solicitation. If a written letter of agency is being used | ||||||
2 | to authorize a consumer's enrollment, the written letter of | ||||||
3 | agency shall comply with this Section. A copy of the | ||||||
4 | contract must be sent to consumer within 3 business days | ||||||
5 | after the electric utility's confirmation to the | ||||||
6 | alternative retail electric supplier of an accepted | ||||||
7 | enrollment. | ||||||
8 | (6) Online Solicitation. | ||||||
9 | (A) Each alternative retail electric supplier | ||||||
10 | offering electric power and energy service to | ||||||
11 | consumers online shall clearly and conspicuously make | ||||||
12 | all disclosures for any services offered through | ||||||
13 | online enrollment before requiring the consumer to | ||||||
14 | enter any personal information other than zip code, | ||||||
15 | electric utility service territory, or type of service | ||||||
16 | sought. | ||||||
17 | (B) Notwithstanding any requirements in this | ||||||
18 | Section to the contrary, an alternative retail | ||||||
19 | electric supplier may secure consent from the consumer | ||||||
20 | to obtain customer-specific billing and usage | ||||||
21 | information for the sole purpose of determining and | ||||||
22 | pricing a product through a letter of agency or method | ||||||
23 | approved through an Illinois Commerce Commission | ||||||
24 | docket before making all disclosure for services | ||||||
25 | offered through online enrollment. It is a violation of | ||||||
26 | this Act for an alternative retail electric supplier to |
| |||||||
| |||||||
1 | use a consumer's utility account number to execute or | ||||||
2 | change a consumer's enrollment unless the consumer | ||||||
3 | expressly consents to that enrollment as required by | ||||||
4 | law. | ||||||
5 | (C) The enrollment website of the alternative | ||||||
6 | retail electric supplier shall, at a minimum, include: | ||||||
7 | (i) disclosure of all material terms and conditions of | ||||||
8 | the offer; (ii) a statement that electronic acceptance | ||||||
9 | of the terms and conditions is an agreement to initiate | ||||||
10 | service and begin enrollment; (iii) a statement that | ||||||
11 | the consumer shall review the contract or contact the | ||||||
12 | current supplier to learn if any early termination fees | ||||||
13 | are applicable; and (iv) an email address and toll-free | ||||||
14 | phone number of the alternative retail electric | ||||||
15 | supplier where the customer can express a decision to | ||||||
16 | rescind the contract. | ||||||
17 | (7)(A) Beginning January 1, 2020, an alternative | ||||||
18 | retail electric supplier shall not sell or offer to sell | ||||||
19 | any products or services to a consumer pursuant to a | ||||||
20 | contract in which the contract automatically renews, | ||||||
21 | unless an alternative retail electric supplier provides to | ||||||
22 | the consumer at the outset of the offer, in addition to | ||||||
23 | other disclosures required by law, a separate written | ||||||
24 | statement titled "Automatic Contract Renewal" that clearly | ||||||
25 | and conspicuously discloses in bold lettering in at least | ||||||
26 | 12-point font the terms and conditions of the automatic |
| |||||||
| |||||||
1 | contract renewal provision, including: (i) the estimated | ||||||
2 | bill cycle on which the initial contract term expires and a | ||||||
3 | statement that it could be later based on when the utility | ||||||
4 | accepts the initial enrollment; (ii) the estimated bill | ||||||
5 | cycle on which the new contract term begins and a statement | ||||||
6 | that it will immediately follow the last billing cycle of | ||||||
7 | the current term; (iii) the procedure to terminate the | ||||||
8 | contract before the new contract term applies; and (iv) the | ||||||
9 | cancellation procedure. If the alternative retail electric | ||||||
10 | supplier sells or offers to sell the products or services | ||||||
11 | to a consumer during an in-person solicitation or | ||||||
12 | telemarketing solicitation, the disclosures described in | ||||||
13 | this subparagraph (A) shall also be made to the consumer | ||||||
14 | verbally during the solicitation. Nothing in this | ||||||
15 | subparagraph (A) shall be construed to apply to contracts | ||||||
16 | entered into before January 1, 2020. | ||||||
17 | (B) At least 30 days before, but not more than 60 | ||||||
18 | days prior, to the end of the initial contract term, in | ||||||
19 | any and all contracts that automatically renew after | ||||||
20 | the initial term, the alternative retail electric | ||||||
21 | supplier shall send, in addition to other disclosures | ||||||
22 | required by law, a separate written notice of the | ||||||
23 | contract renewal to the consumer that clearly and | ||||||
24 | conspicuously discloses the following: | ||||||
25 | (i) a statement printed or visible from the | ||||||
26 | outside of the envelope or in the subject line of |
| |||||||
| |||||||
1 | the email, if the customer has agreed to receive | ||||||
2 | official documents by email, that states "Contract | ||||||
3 | Renewal Notice"; | ||||||
4 | (ii) a statement in bold lettering, in at least | ||||||
5 | 12-point font, that the contract will | ||||||
6 | automatically renew unless the customer cancels | ||||||
7 | it; | ||||||
8 | (iii) the billing cycle in which service under | ||||||
9 | the current term will expire; | ||||||
10 | (iv) the billing cycle in which service under | ||||||
11 | the new term will begin; | ||||||
12 | (v) the process and options available to the | ||||||
13 | consumer to reject the new contract terms; | ||||||
14 | (vi) the cancellation process if the | ||||||
15 | consumer's contract automatically renews before | ||||||
16 | the consumer rejects the new contract terms; | ||||||
17 | (vii) the terms and conditions of the new | ||||||
18 | contract term; | ||||||
19 | (viii) for a fixed rate contract, a | ||||||
20 | side-by-side comparison of the current price and | ||||||
21 | the new price; for a variable rate contract or | ||||||
22 | time-of-use product in which the first month's | ||||||
23 | renewal price can be determined, a side-by-side | ||||||
24 | comparison of the current price and the price for | ||||||
25 | the first month of the new variable or time-of-use | ||||||
26 | price; or for a variable or time-of-use contract |
| |||||||
| |||||||
1 | based on a publicly available index, a | ||||||
2 | side-by-side comparison of the current formula and | ||||||
3 | the new formula; and | ||||||
4 | (ix) the phone number and email address to | ||||||
5 | submit a consumer inquiry or complaint to the | ||||||
6 | Illinois Commerce Commission and the Office of the | ||||||
7 | Attorney General. | ||||||
8 | (C) An alternative retail electric supplier shall | ||||||
9 | not automatically renew a consumer's enrollment after | ||||||
10 | the current term of the contract expires when the | ||||||
11 | current term of the contract provides that the consumer | ||||||
12 | will be charged a fixed rate and the renewed contract | ||||||
13 | provides that the consumer will be charged a variable | ||||||
14 | rate, unless: (i) the alternative retail electric | ||||||
15 | supplier complies with subparagraphs (A) and (B); and | ||||||
16 | (ii) the customer expressly consents to the contract | ||||||
17 | renewal in writing or by electronic signature at least | ||||||
18 | 30 days, but no more than 60 days, before the contract | ||||||
19 | expires. | ||||||
20 | (D) This paragraph (7) does not apply to customers | ||||||
21 | enrolled in a municipal aggregation program pursuant | ||||||
22 | to Section 1-92 of the Illinois Power Agency Act. | ||||||
23 | (8) All in-person and telephone solicitations shall be | ||||||
24 | conducted in, translated into, and provided in a language | ||||||
25 | in which the consumer subject to the marketing or | ||||||
26 | solicitation is able to understand and communicate. An |
| |||||||
| |||||||
1 | alternative retail electric supplier shall terminate a | ||||||
2 | solicitation if the consumer subject to the marketing or | ||||||
3 | communication is unable to understand and communicate in | ||||||
4 | the language in which the marketing or solicitation is | ||||||
5 | being conducted. An alternative retail electric supplier | ||||||
6 | shall comply with Section 2N of this Act. | ||||||
7 | (9) Beginning January 1, 2020, consumers shall have the | ||||||
8 | right to terminate their contract with the alternative | ||||||
9 | retail electric supplier at any time without any | ||||||
10 | termination fees or penalties. | ||||||
11 | (10) An alternative retail electric supplier shall not | ||||||
12 | submit a change to a customer's electric service provider | ||||||
13 | in violation of Section 16-115E of the Public Utilities | ||||||
14 | Act. | ||||||
15 | (c) (d) Complaints may be filed with the Illinois Commerce | ||||||
16 | Commission under this Section by a consumer subscriber whose | ||||||
17 | electric service has been provided by an alternative retail | ||||||
18 | electric supplier electric service supplier in a manner not in | ||||||
19 | compliance with this Section or by the Illinois Commerce | ||||||
20 | Commission on its own motion when it appears to the Commission | ||||||
21 | that an alternative retail electric supplier has provided | ||||||
22 | service in a manner not in compliance with this Section . If, | ||||||
23 | after notice and hearing, the Commission finds that an | ||||||
24 | alternative retail electric supplier electric service provider | ||||||
25 | has violated this Section, the Commission may in its discretion | ||||||
26 | do any one or more of the following: |
| |||||||
| |||||||
1 | (1) Require the violating alternative retail electric | ||||||
2 | supplier electric service provider to refund to the | ||||||
3 | consumer subscriber charges collected in excess of those | ||||||
4 | that would have been charged by the consumer's subscriber's | ||||||
5 | authorized electric service provider. | ||||||
6 | (2) Require the violating alternative retail electric | ||||||
7 | supplier electric service provider to pay to the consumer's | ||||||
8 | subscriber's authorized electric service provider supplier | ||||||
9 | the amount the authorized electric service provider | ||||||
10 | electric supplier would have collected for the electric | ||||||
11 | service. The Commission is authorized to reduce this | ||||||
12 | payment by any amount already paid by the violating | ||||||
13 | alternative retail electric supplier electric supplier to | ||||||
14 | the consumer's subscriber's authorized provider for | ||||||
15 | electric service. | ||||||
16 | (3) Require the violating alternative retail electric | ||||||
17 | supplier subscriber to pay a fine of up to $1,000 into the | ||||||
18 | Public Utility Fund for each repeated and intentional | ||||||
19 | violation of this Section. | ||||||
20 | (4) Issue a cease and desist order. | ||||||
21 | (5) For a pattern of violation of this Section or for | ||||||
22 | intentionally violating a cease and desist order, revoke | ||||||
23 | the violating alternative retail electric supplier's | ||||||
24 | provider's certificate of service authority.
| ||||||
25 | (d) (e) For purposes of this
Section : | ||||||
26 | "Electric , "electric service provider"
shall have the |
| |||||||
| |||||||
1 | meaning given that phrase in
Section 6.5 of the
Attorney | ||||||
2 | General Act.
| ||||||
3 | "Alternative retail electric supplier" has the meaning | ||||||
4 | given to that term in Section 16-102 of the Public Utilities | ||||||
5 | Act. | ||||||
6 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
7 | (815 ILCS 505/2DDD)
| ||||||
8 | Sec. 2DDD. Alternative gas suppliers. | ||||||
9 | (a) Definitions. | ||||||
10 | (1) "Alternative gas supplier" has the same meaning as | ||||||
11 | in Section 19-105 of the Public Utilities Act. | ||||||
12 | (2) "Gas utility" has the same meaning as in Section | ||||||
13 | 19-105 of the Public Utilities Act. | ||||||
14 | (b) It is an unfair or deceptive act or practice within the | ||||||
15 | meaning of Section 2 of this Act for any person to violate any | ||||||
16 | provision of this Section. | ||||||
17 | (c) Solicitation. | ||||||
18 | (1) An alternative gas supplier shall not utilize the | ||||||
19 | name of a public utility in any manner that is deceptive or | ||||||
20 | misleading, including, but not limited to, implying or | ||||||
21 | otherwise leading a customer to believe that an alternative | ||||||
22 | gas supplier is soliciting on behalf of or is an agent of a | ||||||
23 | utility. An alternative gas supplier shall not utilize the | ||||||
24 | name, or any other identifying insignia, graphics, or | ||||||
25 | wording, that has been used at any time to represent a |
| |||||||
| |||||||
1 | public utility company or its services or to identify, | ||||||
2 | label, or define any of its natural gas supply offers and | ||||||
3 | shall not misrepresent the affiliation of any alternative | ||||||
4 | supplier with the gas utility, governmental bodies, or | ||||||
5 | consumer groups. | ||||||
6 | (2) If any sales solicitation, agreement, contract, or | ||||||
7 | verification is translated into another language and | ||||||
8 | provided to a customer, all of the documents must be | ||||||
9 | provided to the customer in that other language. | ||||||
10 | (2.3) An alternative gas supplier shall state that it | ||||||
11 | represents an independent seller of gas certified by the | ||||||
12 | Illinois Commerce Commission and that he or she is not | ||||||
13 | employed by, representing, endorsed by, or acting on behalf | ||||||
14 | of a utility, or a utility program. | ||||||
15 | (2.5) All in-person and telephone solicitations shall | ||||||
16 | be conducted in, translated into, and provided in a | ||||||
17 | language in which the consumer subject to the marketing or | ||||||
18 | solicitation is able to understand and communicate. An | ||||||
19 | alternative gas supplier shall terminate a solicitation if | ||||||
20 | the consumer subject to the marketing or communication is | ||||||
21 | unable to understand and communicate in the language in | ||||||
22 | which the marketing or solicitation is being conducted. An | ||||||
23 | alternative gas supplier shall comply with Section 2N of | ||||||
24 | this Act. | ||||||
25 | (3) An alternative gas supplier shall clearly and | ||||||
26 | conspicuously disclose the following information to all |
| |||||||
| |||||||
1 | customers: | ||||||
2 | (A) the prices, terms, and conditions of the | ||||||
3 | products and services being sold to the customer; | ||||||
4 | (B) where the solicitation occurs in person, | ||||||
5 | including through door-to-door solicitation, the | ||||||
6 | salesperson's name; | ||||||
7 | (C) the alternative gas supplier's contact | ||||||
8 | information, including the address, phone number, and | ||||||
9 | website; | ||||||
10 | (D) contact information for the Illinois Commerce | ||||||
11 | Commission, including the toll-free number for | ||||||
12 | consumer complaints and website; | ||||||
13 | (E) a statement of the customer's right to rescind | ||||||
14 | the offer within 10 business days of the date on the | ||||||
15 | utility's notice confirming the customer's decision to | ||||||
16 | switch suppliers, as well as phone numbers for the | ||||||
17 | supplier and utility that the consumer may use to | ||||||
18 | rescind the contract; and | ||||||
19 | (F) the amount of the early termination fee, if | ||||||
20 | any ; and . | ||||||
21 | (G) the utility gas supply cost rates per therm | ||||||
22 | price available from the Illinois Commerce Commission | ||||||
23 | website applicable at the time the alternative gas | ||||||
24 | supplier is offering or selling the products or | ||||||
25 | services to the customer and shall disclose the | ||||||
26 | following statement: |
| |||||||
| |||||||
1 | "(Name of the alternative gas supplier) is not the | ||||||
2 | same entity as your gas delivery company. You are not | ||||||
3 | required to enroll with (name of alternative retail gas | ||||||
4 | supplier). Beginning on (effective date), the utility | ||||||
5 | gas supply cost rate per therm is (cost). The utility | ||||||
6 | gas supply cost will expire on (expiration date). For | ||||||
7 | more information go to the Illinois Commerce | ||||||
8 | Commission's free website at | ||||||
9 | www.icc.illinois.gov/ags/consumereducation.aspx.". | ||||||
10 | (4) Except as provided in paragraph (5) of this | ||||||
11 | subsection (c), an alternative gas supplier shall send the | ||||||
12 | information described in paragraph (3) of this subsection | ||||||
13 | (c) to all customers within one business day of the | ||||||
14 | authorization of a switch. | ||||||
15 | (5) An alternative gas supplier engaging in | ||||||
16 | door-to-door solicitation of consumers shall provide the | ||||||
17 | information described in paragraph (3) of this subsection | ||||||
18 | (c) during all door-to-door solicitations that result in a | ||||||
19 | customer deciding to switch their supplier. | ||||||
20 | (d) Customer Authorization. An alternative gas supplier | ||||||
21 | shall not submit or execute a change in a customer's selection | ||||||
22 | of a natural gas provider unless and until (i) the alternative | ||||||
23 | gas supplier first discloses all material terms and conditions | ||||||
24 | of the offer to the customer; (ii) the alternative gas supplier | ||||||
25 | has obtained the customer's express agreement to accept the | ||||||
26 | offer after the disclosure of all material terms and conditions |
| |||||||
| |||||||
1 | of the offer; and (iii) the alternative gas supplier has | ||||||
2 | confirmed the request for a change in accordance with one of | ||||||
3 | the following procedures: | ||||||
4 | (1) The alternative gas supplier has obtained the | ||||||
5 | customer's written or electronically signed authorization | ||||||
6 | in a form that meets the following requirements: | ||||||
7 | (A) An alternative gas supplier shall obtain any | ||||||
8 | necessary written or electronically signed | ||||||
9 | authorization from a customer for a change in natural | ||||||
10 | gas service by using a letter of agency as specified in | ||||||
11 | this Section. Any letter of agency that does not | ||||||
12 | conform with this Section is invalid. | ||||||
13 | (B) The letter of agency shall be a separate | ||||||
14 | document (or an easily separable document containing | ||||||
15 | only the authorization language described in item (E) | ||||||
16 | of this paragraph (1)) whose sole purpose is to | ||||||
17 | authorize a natural gas provider change. The letter of | ||||||
18 | agency must be signed and dated by the customer | ||||||
19 | requesting the natural gas provider change. | ||||||
20 | (C) The letter of agency shall not be combined with | ||||||
21 | inducements of any kind on the same document. | ||||||
22 | (D) Notwithstanding items (A) and (B) of this | ||||||
23 | paragraph (1), the letter of agency may be combined | ||||||
24 | with checks that contain only the required letter of | ||||||
25 | agency language prescribed in item (E) of this | ||||||
26 | paragraph (1) and the necessary information to make the |
| |||||||
| |||||||
1 | check a negotiable instrument. The letter of agency | ||||||
2 | check shall not contain any promotional language or | ||||||
3 | material. The letter of agency check shall contain in | ||||||
4 | easily readable, bold face type on the face of the | ||||||
5 | check, a notice that the consumer is authorizing a | ||||||
6 | natural gas provider change by signing the check. The | ||||||
7 | letter of agency language also shall be placed near the | ||||||
8 | signature line on the back of the check. | ||||||
9 | (E) At a minimum, the letter of agency must be | ||||||
10 | printed with a print of sufficient size to be clearly | ||||||
11 | legible, and must contain clear and unambiguous | ||||||
12 | language that confirms: | ||||||
13 | (i) the customer's billing name and address; | ||||||
14 | (ii) the decision to change the natural gas | ||||||
15 | provider from the current provider to the | ||||||
16 | prospective alternative gas supplier; | ||||||
17 | (iii) the terms, conditions, and nature of the | ||||||
18 | service to be provided to the customer, including, | ||||||
19 | but not limited to, the rates for the service | ||||||
20 | contracted for by the customer; and | ||||||
21 | (iv) that the customer understands that any | ||||||
22 | natural gas provider selection the customer | ||||||
23 | chooses may involve a charge to the customer for | ||||||
24 | changing the customer's natural gas provider. | ||||||
25 | (F) Letters of agency shall not suggest or require | ||||||
26 | that a customer take some action in order to retain the |
| |||||||
| |||||||
1 | customer's current natural gas provider. | ||||||
2 | (G) If any portion of a letter of agency is | ||||||
3 | translated into another language, then all portions of | ||||||
4 | the letter of agency must be translated into that | ||||||
5 | language. | ||||||
6 | (2) An appropriately qualified independent third party | ||||||
7 | has obtained, in accordance with the procedures set forth | ||||||
8 | in this paragraph (2), the customer's oral authorization to | ||||||
9 | change natural gas providers that confirms and includes | ||||||
10 | appropriate verification data. The independent third party | ||||||
11 | must (i) not be owned, managed, controlled, or directed by | ||||||
12 | the alternative gas supplier or the alternative gas | ||||||
13 | supplier's marketing agent; (ii) not have any financial | ||||||
14 | incentive to confirm provider change requests for the | ||||||
15 | alternative gas supplier or the alternative gas supplier's | ||||||
16 | marketing agent; and (iii) operate in a location physically | ||||||
17 | separate from the alternative gas supplier or the | ||||||
18 | alternative gas supplier's marketing agent. Automated | ||||||
19 | third-party verification systems and 3-way conference | ||||||
20 | calls may be used for verification purposes so long as the | ||||||
21 | other requirements of this paragraph (2) are satisfied. A | ||||||
22 | alternative gas supplier or alternative gas supplier's | ||||||
23 | sales representative initiating a 3-way conference call or | ||||||
24 | a call through an automated verification system must drop | ||||||
25 | off the call once the 3-way connection has been | ||||||
26 | established. All third-party verification methods shall |
| |||||||
| |||||||
1 | elicit, at a minimum, the following information: | ||||||
2 | (A) the identity of the customer; | ||||||
3 | (B) confirmation that the person on the call is | ||||||
4 | authorized to make the provider change; | ||||||
5 | (C) confirmation that the person on the call wants | ||||||
6 | to make the provider change; | ||||||
7 | (D) the names of the providers affected by the | ||||||
8 | change; | ||||||
9 | (E) the service address of the service to be | ||||||
10 | switched; and | ||||||
11 | (F) the price of the service to be provided and the | ||||||
12 | material terms and conditions of the service being | ||||||
13 | offered, including whether any early termination fees | ||||||
14 | apply. | ||||||
15 | Third-party verifiers may not market the alternative | ||||||
16 | gas supplier's services. All third-party verifications | ||||||
17 | shall be conducted in the same language that was used in | ||||||
18 | the underlying sales transaction and shall be recorded in | ||||||
19 | their entirety. Submitting alternative gas suppliers shall | ||||||
20 | maintain and preserve audio records of verification of | ||||||
21 | customer authorization for a minimum period of 2 years | ||||||
22 | after obtaining the verification. Automated systems must | ||||||
23 | provide customers with an option to speak with a live | ||||||
24 | person at any time during the call. Each disclosure made | ||||||
25 | during the third-party verification must be made | ||||||
26 | individually to obtain clear acknowledgment of each |
| |||||||
| |||||||
1 | disclosure. The alternative gas supplier must be in a | ||||||
2 | location where he or she cannot hear the customer while the | ||||||
3 | third-party verification is conducted. The alternative gas | ||||||
4 | supplier shall not contact the customer after the | ||||||
5 | third-party verification for a period of 24 hours unless | ||||||
6 | the customer initiates the contact. | ||||||
7 | (3) The alternative gas supplier has obtained the | ||||||
8 | customer's electronic authorization to change natural gas | ||||||
9 | service via telephone. Such authorization must elicit the | ||||||
10 | information in paragraph (2)(A) through (F) of this | ||||||
11 | subsection (d). Alternative gas suppliers electing to | ||||||
12 | confirm sales electronically shall establish one or more | ||||||
13 | toll-free telephone numbers exclusively for that purpose. | ||||||
14 | Calls to the number or numbers shall connect a customer to | ||||||
15 | a voice response unit, or similar mechanism, that makes a | ||||||
16 | date-stamped, time-stamped recording of the required | ||||||
17 | information regarding the alternative gas supplier change. | ||||||
18 | The alternative gas supplier shall not use such | ||||||
19 | electronic authorization systems to market its services. | ||||||
20 | (4) When a consumer initiates the call to the | ||||||
21 | prospective alternative gas supplier, in order to enroll | ||||||
22 | the consumer as a customer, the prospective alternative gas | ||||||
23 | supplier must, with the consent of the customer, make a | ||||||
24 | date-stamped, time-stamped audio recording that elicits, | ||||||
25 | at a minimum, the following information: | ||||||
26 | (A) the identity of the customer; |
| |||||||
| |||||||
1 | (B) confirmation that the person on the call is | ||||||
2 | authorized to make the provider change; | ||||||
3 | (C) confirmation that the person on the call wants | ||||||
4 | to make the provider change; | ||||||
5 | (D) the names of the providers affected by the | ||||||
6 | change; | ||||||
7 | (E) the service address of the service to be | ||||||
8 | switched; and | ||||||
9 | (F) the price of the service to be supplied and the | ||||||
10 | material terms and conditions of the service being | ||||||
11 | offered, including whether any early termination fees | ||||||
12 | apply. | ||||||
13 | Submitting alternative gas suppliers shall maintain | ||||||
14 | and preserve the audio records containing the information | ||||||
15 | set forth above for a minimum period of 2 years. | ||||||
16 | (5) In the event that a customer enrolls for service | ||||||
17 | from an alternative gas supplier via an Internet website, | ||||||
18 | the alternative gas supplier shall obtain an | ||||||
19 | electronically signed letter of agency in accordance with | ||||||
20 | paragraph (1) of this subsection (d) and any customer | ||||||
21 | information shall be protected in accordance with all | ||||||
22 | applicable statutes and rules. In addition, an alternative | ||||||
23 | gas supplier shall provide the following when marketing via | ||||||
24 | an Internet website: | ||||||
25 | (A) The Internet enrollment website shall, at a | ||||||
26 | minimum, include: |
| |||||||
| |||||||
1 | (i) a copy of the alternative gas supplier's | ||||||
2 | customer contract, which clearly and conspicuously | ||||||
3 | discloses all terms and conditions; and | ||||||
4 | (ii) a conspicuous prompt for the customer to | ||||||
5 | print or save a copy of the contract. | ||||||
6 | (B) Any electronic version of the contract shall be | ||||||
7 | identified by version number, in order to ensure the | ||||||
8 | ability to verify the particular contract to which the | ||||||
9 | customer assents. | ||||||
10 | (C) Throughout the duration of the alternative gas | ||||||
11 | supplier's contract with a customer, the alternative | ||||||
12 | gas supplier shall retain and, within 3 business days | ||||||
13 | of the customer's request, provide to the customer an | ||||||
14 | e-mail, paper, or facsimile of the terms and conditions | ||||||
15 | of the numbered contract version to which the customer | ||||||
16 | assents. | ||||||
17 | (D) The alternative gas supplier shall provide a | ||||||
18 | mechanism by which both the submission and receipt of | ||||||
19 | the electronic letter of agency are recorded by time | ||||||
20 | and date. | ||||||
21 | (E) After the customer completes the electronic | ||||||
22 | letter of agency, the alternative gas supplier shall | ||||||
23 | disclose conspicuously through its website that the | ||||||
24 | customer has been enrolled and the alternative gas | ||||||
25 | supplier shall provide the customer an enrollment | ||||||
26 | confirmation number. |
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1 | (6) When a customer is solicited in person by the | ||||||
2 | alternative gas supplier's sales agent, the alternative | ||||||
3 | gas supplier may only obtain the customer's authorization | ||||||
4 | to change natural gas service through the method provided | ||||||
5 | for in paragraph (2) of this subsection (d). | ||||||
6 | Alternative gas suppliers must be in compliance with the | ||||||
7 | provisions of this subsection (d) within 90 days after the | ||||||
8 | effective date of this amendatory Act of the 95th General | ||||||
9 | Assembly. | ||||||
10 | (e) Early Termination. | ||||||
11 | (1) Beginning January 1, 2020, consumers shall have the | ||||||
12 | right to terminate their contract with an alternative gas | ||||||
13 | supplier at any time without any termination fees or | ||||||
14 | penalties. Any agreement that contains an early | ||||||
15 | termination clause shall disclose the amount of the early | ||||||
16 | termination fee, provided that any early termination fee or | ||||||
17 | penalty shall not exceed $50 total, regardless of whether | ||||||
18 | or not the agreement is a multiyear agreement. | ||||||
19 | (2) In any agreement that contains an early termination | ||||||
20 | clause, an alternative gas supplier shall provide the | ||||||
21 | customer the opportunity to terminate the agreement | ||||||
22 | without any termination fee or penalty within 10 business | ||||||
23 | days after the date of the first bill issued to the | ||||||
24 | customer for products or services provided by the | ||||||
25 | alternative gas supplier. The agreement shall disclose the | ||||||
26 | opportunity and provide a toll-free phone number that the |
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1 | customer may call in order to terminate the agreement. | ||||||
2 | (f) The alternative gas supplier shall provide each | ||||||
3 | customer the opportunity to rescind its agreement without | ||||||
4 | penalty within 10 business days after the date on the gas | ||||||
5 | utility notice to the customer. The alternative gas supplier | ||||||
6 | shall disclose to the customer all of the following: | ||||||
7 | (1) that the gas utility shall send a notice confirming | ||||||
8 | the switch; | ||||||
9 | (2) that from the date the utility issues the notice | ||||||
10 | confirming the switch, the customer shall have 10 business | ||||||
11 | days before the switch will become effective; | ||||||
12 | (3) that the customer may contact the gas utility or | ||||||
13 | the alternative gas supplier to rescind the switch within | ||||||
14 | 10 business days; and | ||||||
15 | (4) the contact information for the gas utility and the | ||||||
16 | alternative gas supplier. | ||||||
17 | The alternative gas supplier disclosure shall be included | ||||||
18 | in its sales solicitations, contracts, and all applicable sales | ||||||
19 | verification scripts. | ||||||
20 | (f-5)(1) Beginning January 1, 2020, an alternative gas | ||||||
21 | supplier shall not sell or offer to sell any products or | ||||||
22 | services to a consumer pursuant to a contract in which the | ||||||
23 | contract automatically renews, unless an alternative gas | ||||||
24 | supplier provides to the consumer at the outset of the | ||||||
25 | offer, in addition to other disclosures required by law, a | ||||||
26 | separate written statement titled "Automatic Contract |
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1 | Renewal" that clearly and conspicuously discloses in bold | ||||||
2 | lettering in at least 12-point font the terms and | ||||||
3 | conditions of the automatic contract renewal provision, | ||||||
4 | including: (i) the estimated bill cycle on which the | ||||||
5 | initial contract term expires and a statement that it could | ||||||
6 | be later based on when the utility accepts the initial | ||||||
7 | enrollment; (ii) the estimated bill cycle on which the new | ||||||
8 | contract term begins and a statement that it will | ||||||
9 | immediately follow the last billing cycle of the current | ||||||
10 | term; (iii) the procedure to terminate the contract before | ||||||
11 | the new contract term applies; and (iv) the cancellation | ||||||
12 | procedure. If the alternative gas supplier sells or offers | ||||||
13 | to sell the products or services to a consumer during an | ||||||
14 | in-person solicitation or telemarketing solicitation, the | ||||||
15 | disclosures described in this paragraph (1) shall also be | ||||||
16 | made to the consumer verbally during the solicitation. | ||||||
17 | Nothing in this paragraph (1) shall be construed to apply | ||||||
18 | to contracts entered into before January 1, 2020. | ||||||
19 | (2) At least 30 days before, but not more than 60 days | ||||||
20 | prior, to the end of the initial contract term, in any and | ||||||
21 | all contracts that automatically renew after the initial | ||||||
22 | term, the alternative gas supplier shall send, in addition | ||||||
23 | to other disclosures required by law, a separate written | ||||||
24 | notice of the contract renewal to the consumer that clearly | ||||||
25 | and conspicuously discloses the following: | ||||||
26 | (A) a statement printed or visible from the outside |
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1 | of the envelope or in the subject line of the email, if | ||||||
2 | the customer has agreed to receive official documents | ||||||
3 | by email, that states "Contract Renewal Notice"; | ||||||
4 | (B) a statement in bold lettering, in at least | ||||||
5 | 12-point font, that the contract will automatically | ||||||
6 | renew unless the customer cancels it; | ||||||
7 | (C) the billing cycle in which service under the | ||||||
8 | current term will expire; | ||||||
9 | (D) the billing cycle in which service under the | ||||||
10 | new term will begin; | ||||||
11 | (E) the process and options available to the | ||||||
12 | consumer to reject the new contract terms; | ||||||
13 | (F) the cancellation process if the consumer's | ||||||
14 | contract automatically renews before the consumer | ||||||
15 | rejects the new contract terms; | ||||||
16 | (G) the terms and conditions of the new contract | ||||||
17 | term; | ||||||
18 | (H) for a fixed rate or flat bill contract, a | ||||||
19 | side-by-side comparison of the current fixed rate or | ||||||
20 | flat bill to the new fixed rate or flat bill; for a | ||||||
21 | variable rate contract or time-of-use product in which | ||||||
22 | the first month's renewal price can be determined, a | ||||||
23 | side-by-side comparison of the current price and the | ||||||
24 | price for the first month of the new variable or | ||||||
25 | time-of-use price; or for a variable or time-of-use | ||||||
26 | contract based on a publicly available index, a |
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1 | side-by-side comparison of the current formula and the | ||||||
2 | new formula; and | ||||||
3 | (I) the phone number and email address to submit a | ||||||
4 | consumer inquiry or complaint to the Illinois Commerce | ||||||
5 | Commission and the Office of the Attorney General. | ||||||
6 | (3) An alternative gas supplier shall not | ||||||
7 | automatically renew a consumer's enrollment after the | ||||||
8 | current term of the contract expires when the current term | ||||||
9 | of the contract provides that the consumer will be charged | ||||||
10 | a fixed rate and the renewed contract provides that the | ||||||
11 | consumer will be charged a variable rate, unless: (i) the | ||||||
12 | alternative gas supplier complies with paragraphs (1) and | ||||||
13 | (2); and (ii) the customer expressly consents to the | ||||||
14 | contract renewal in writing or by electronic signature at | ||||||
15 | least 30 days, but no more than 60 days, before the | ||||||
16 | contract expires. | ||||||
17 | (4) An alternative gas supplier shall not submit a | ||||||
18 | change to a customer's gas service provider in violation of | ||||||
19 | Section 19-116 of the Public Utilities Act. | ||||||
20 | (g) The provisions of this Section shall apply only to | ||||||
21 | alternative gas suppliers serving or seeking to serve | ||||||
22 | residential and small commercial customers and only to the | ||||||
23 | extent such alternative gas suppliers provide services to | ||||||
24 | residential and small commercial customers.
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25 | (Source: P.A. 97-333, eff. 8-12-11.)".
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