Rep. Jehan Gordon-Booth

Filed: 5/27/2019

 

 


 

 


 
10100SB0651ham001LRB101 04244 JWD 61251 a

1
AMENDMENT TO SENATE BILL 651

2    AMENDMENT NO. ______. Amend Senate Bill 651 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Home Energy
5Affordability and Transparency (HEAT) Act.
 
6    Section 5. The Public Utilities Act is amended by changing
7Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 16-123,
819-110, 19-115, 19-120, 19-130, 19-135, and 20-110 and by
9adding Sections 16-115E and 19-116 as follows:
 
10    (220 ILCS 5/16-115)
11    Sec. 16-115. Certification of alternative retail electric
12suppliers.
13    (a) Any alternative retail electric supplier must obtain a
14certificate of service authority from the Commission in
15accordance with this Section before serving any retail customer

 

 

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1or other user located in this State. An alternative retail
2electric supplier may request, and the Commission may grant, a
3certificate of service authority for the entire State or for a
4specified geographic area of the State.
5    (b) An alternative retail electric supplier seeking a
6certificate of service authority shall file with the Commission
7a verified application containing information showing that the
8applicant meets the requirements of this Section. The
9alternative retail electric supplier shall publish notice of
10its application in the official State newspaper within 10 days
11following the date of its filing. No later than 45 days after
12the application is properly filed with the Commission, and such
13notice is published, the Commission shall issue its order
14granting or denying the application.
15    (c) An application for a certificate of service authority
16shall identify the area or areas in which the applicant intends
17to offer service and the types of services it intends to offer.
18Applicants that seek to serve residential or small commercial
19retail customers within a geographic area that is smaller than
20an electric utility's service area shall submit evidence
21demonstrating that the designation of this smaller area does
22not violate Section 16-115A. An applicant that seeks to serve
23residential or small commercial retail customers may state in
24its application for certification any limitations that will be
25imposed on the number of customers or maximum load to be
26served.

 

 

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1    (d) The Commission shall grant the application for a
2certificate of service authority if it makes the findings set
3forth in this subsection based on the verified application and
4such other information as the applicant may submit:
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;
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;
21        (3) That the applicant will only provide service to
22    retail customers in an electric utility's service area that
23    are eligible to take delivery services under this Act;
24        (4) That the applicant will comply with such
25    informational or reporting requirements as the Commission
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;
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:
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
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;
12        (7) That the applicant meets the requirements of
13    subsection (a) of Section 16-128; and
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
25    applicable laws and regulations.
26    (d-3) The Commission may deny with prejudice an application

 

 

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1in which the applicant fails to provide the Commission with
2information sufficient for the Commission to grant the
3application.
4    (d-5) (Blank).
5    (e) A retail customer that owns a cogeneration or
6self-generation facility and that seeks certification only to
7provide electric power and energy from such facility to retail
8customers at separate locations which customers are both (i)
9owned by, or a subsidiary or other corporate affiliate of, such
10applicant and (ii) eligible for delivery services, shall be
11granted a certificate of service authority upon filing an
12application and notifying the Commission that it has entered
13into an agreement with the relevant electric utilities pursuant
14to Section 16-118. Provided, however, that if the retail
15customer owning such cogeneration or self-generation facility
16would not be charged a transition charge due to the exemption
17provided under subsection (f) of Section 16-108 prior to the
18certification, and the retail customers at separate locations
19are taking delivery services in conjunction with purchasing
20power and energy from the facility, the retail customer on
21whose premises the facility is located shall not thereafter be
22required to pay transition charges on the power and energy that
23such retail customer takes from the facility.
24    (f) The Commission shall have the authority to promulgate
25rules and regulations to carry out the provisions of this
26Section. On or before May 1, 1999, the Commission shall adopt a

 

 

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1rule or rules applicable to the certification of those
2alternative retail electric suppliers that seek to serve only
3nonresidential retail customers with maximum electrical
4demands of one megawatt or more which shall provide for (i)
5expedited and streamlined procedures for certification of such
6alternative retail electric suppliers and (ii) specific
7criteria which, if met by any such alternative retail electric
8supplier, shall constitute the demonstration of technical,
9financial and managerial resources and abilities to provide
10service required by subsection (d) (1) of this Section, such as
11a requirement to post a bond or letter of credit, from a
12responsible surety or financial institution, of sufficient
13size for the nature and scope of the services to be provided;
14demonstration of adequate insurance for the scope and nature of
15the services to be provided; and experience in providing
16similar services in other jurisdictions.
17    (g) An alternative retail electric supplier may seek
18confidential treatment for the following information by filing
19an affidavit with the Commission so long as the affidavit meets
20the 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
14information for which confidential treatment is sought and must
15clearly state that the affiant seeks confidential treatment
16pursuant to this subsection (g) and the information for which
17confidential treatment is sought must be clearly identified on
18the confidential version of the document filed with the
19Commission. The affidavit must be accompanied by a
20"confidential" and a "public" version of the document or
21documents containing the information for which confidential
22treatment is sought.
23    If the alternative retail electric supplier has met the
24affidavit requirements of this subsection (g), then the
25Commission shall afford confidential treatment to the
26information identified in the affidavit for a period of 2 years

 

 

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1after the date the affidavit is received by the Commission.
2    Nothing in this subsection (g) prevents an alternative
3retail electric supplier from filing a petition with the
4Commission seeking confidential treatment for information
5beyond that identified in this subsection (g) or for
6information contained in other reports or documents filed with
7the Commission.
8    Nothing in this subsection (g) prevents the Commission, on
9its own motion, or any party from filing a formal petition with
10the Commission seeking to reconsider the conferring of
11confidential status on an item of information afforded
12confidential treatment pursuant to this subsection (g).
13    The Commission, on its own motion, may at any time initiate
14a docketed proceeding to investigate the continued
15applicability of this subsection (g) to the information
16contained in items (i), (ii), and (iii) of this subsection (g).
17If, at the end of such investigation, the Commission determines
18that a particular item of information should no longer be
19eligible for the affidavit-based process outlined in this
20subsection (g), the Commission may enter an order to remove
21that item from the list of items eligible for the process set
22forth in this subsection (g). Notwithstanding any such order,
23in the event the Commission makes such a determination, nothing
24in this subsection (g) prevents an alternative retail electric
25supplier desiring confidential treatment for such information
26from filing a formal petition with the Commission seeking

 

 

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1confidential treatment for such information.
2(Source: P.A. 99-332, eff. 8-10-15.)
 
3    (220 ILCS 5/16-115A)
4    Sec. 16-115A. Obligations of alternative retail electric
5suppliers.
6    (a) An alternative retail electric supplier shall:
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
12        (ii) shall continue to comply with the requirements for
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.
4    (b) An alternative retail electric supplier shall obtain
5verifiable authorization from a customer, in a form or manner
6approved by the Commission consistent with Section 2EE of the
7Consumer Fraud and Deceptive Business Practices Act, before the
8customer is switched from another supplier.
9    (c) No alternative retail electric supplier, or electric
10utility other than the electric utility in whose service area a
11customer is located, shall (i) enter into or employ any
12arrangements which have the effect of preventing a retail
13customer with a maximum electrical demand of less than one
14megawatt from having access to the services of the electric
15utility in whose service area the customer is located or (ii)
16charge retail customers for such access. This subsection shall
17not be construed to prevent an arms-length agreement between a
18supplier and a retail customer that sets a term of service,
19notice period for terminating service and provisions governing
20early termination through a tariff or contract as allowed by
21Section 16-119.
22    (d) An alternative retail electric supplier that is
23certified to serve residential or small commercial retail
24customers shall not:
25        (1) deny service to a customer or group of customers
26    nor establish any differences as to prices, terms,

 

 

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1    conditions, services, products, facilities, or in any
2    other respect, whereby such denial or differences are based
3    upon race, gender or income, except as provided in Section
4    16-115E.
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.
9    (e) An alternative retail electric supplier shall comply
10with the following requirements with respect to the marketing,
11offering and provision of products or services to residential
12and small commercial retail customers:
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

 

 

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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

 

 

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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

 

 

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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

 

 

10100SB0651ham001- 21 -LRB101 04244 JWD 61251 a

1    required to conduct refresher training for its individual
2    representatives every 6 months.
3    (f) An alternative retail electric supplier may limit the
4overall size or availability of a service offering by
5specifying one or more of the following: a maximum number of
6customers, maximum amount of electric load to be served, time
7period during which the offering will be available, or other
8comparable limitation, but not including the geographic
9locations of customers within the area which the alternative
10retail electric supplier is certificated to serve. The
11alternative retail electric supplier shall file the terms and
12conditions of such service offering including the applicable
13limitations with the Commission prior to making the service
14offering available to customers.
15    (g) Nothing in this Section shall be construed as
16preventing an alternative retail electric supplier, which is an
17affiliate of, or which contracts with, (i) an industry or trade
18organization or association, (ii) a membership organization or
19association that exists for a purpose other than the purchase
20of electricity, or (iii) another organization that meets
21criteria established in a rule adopted by the Commission, from
22offering through the organization or association services at
23prices, terms and conditions that are available solely to the
24members of the organization or association.
25(Source: P.A. 90-561, eff. 12-16-97.)
 

 

 

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1    (220 ILCS 5/16-115B)
2    Sec. 16-115B. Commission oversight of services provided by
3alternative retail electric suppliers.
4    (a) The Commission shall have jurisdiction in accordance
5with the provisions of Article X of this Act to entertain and
6dispose of any complaint against any alternative retail
7electric supplier alleging (i) that the alternative retail
8electric supplier has violated or is in nonconformance with any
9applicable provisions of Section 16-115 through Section
1016-115A; (ii) that an alternative retail electric supplier
11serving retail customers having maximum demands of less than
12one megawatt has failed to provide service in accordance with
13the terms of its contract or contracts with such customer or
14customers; (iii) that the alternative retail electric supplier
15has violated or is in non-conformance with the delivery
16services tariff of, or any of its agreements relating to
17delivery services with, the electric utility, municipal
18system, or electric cooperative providing delivery services;
19or (iv) that the alternative retail electric supplier has
20violated or failed to comply with the requirements of Sections
218-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made
22applicable to alternative retail electric suppliers.
23    (b) The Commission shall have authority, after notice and
24hearing 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

 

 

10100SB0651ham001- 23 -LRB101 04244 JWD 61251 a

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
15under this Act, the Commission may require an alternative
16retail electric supplier to enter into a compliance plan. If
17the Commission comes into possession of information causing it
18to conclude that an alternative retail electric supplier is
19violating this Act or the Commission's rules, the Commission
20may, after notice and hearing, enter an order directing the
21alternative retail electric supplier to implement practices,
22procedures, oversight, or other measures or refrain from
23practices, conduct, or activities that the Commission finds is
24necessary or reasonable to ensure the alternative retail
25electric supplier's compliance with this Act and the
26Commission's rules. Failure by an alternative retail electric

 

 

10100SB0651ham001- 24 -LRB101 04244 JWD 61251 a

1supplier to implement or comply with a Commission-ordered
2compliance plan is a violation of this Section. The Commission,
3in its discretion, may order a compliance plan under such
4circumstances as it considers warranted and is not required to
5order a compliance plan prior to taking other enforcement
6action against an alternative retail electric supplier.
7Nothing in this subsection (c) shall be interpreted to limit
8the 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
12assistance recipient.
13    (a) Beginning January 1, 2020, an alternative retail
14electric supplier shall not knowingly submit an enrollment to
15change a customer's electric supplier if the electric utility's
16records indicate that the customer either received financial
17assistance in the previous 12 months from the Low Income Home
18Energy Assistance Program or, at the time of enrollment is
19participating in the Percentage of Income Payment Plan, unless
20(1) the customer's change in electric supplier is pursuant to a
21government aggregation program adopted in accordance with
22Section 1-92 of the Illinois Power Agency Act, or (2) the
23customer's change in electric supplier is pursuant to a
24Commission-approved savings guarantee plan as described in
25subsection (b).

 

 

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1    (b) Beginning January 1, 2020, an alternative retail
2electric supplier may apply to the Commission to offer a
3savings guarantee plan to recipients of Low Income Home Energy
4Assistance Program funding or Percentage of Income Payment Plan
5funding. The Commission shall initiate a public, docketed
6proceeding to consider whether or not to approve an alternative
7retail electric supplier's application to offer a savings
8guarantee plan. At a minimum, the savings guarantee plan shall
9charge customers for electric supply at an amount that is less
10than the amount charged by the electric utility.
11    (c) An agreement entered into between an alternative retail
12electric supplier and a customer in violation of this Section
13is void and unenforceable. Before the electric utility executes
14a change in a customer's electric supplier, other than a change
15pursuant to a government aggregation program adopted in
16accordance with Section 1-92 of the Illinois Power Agency Act
17or a Commission-approved savings guarantee plan as described in
18subsection (b), the electric utility shall confirm at the time
19of the request whether its records indicate that the customer
20either has received financial assistance from the Low Income
21Home Energy Assistance Program in the previous 12 months or, at
22the time of enrollment, is participating in the Percentage of
23Income Payment Plan; and if so, shall reject such change
24request. Absent willful or wanton misconduct, no electric
25utility shall be held liable for any error in acting or failing
26to act pursuant to this Section.
 

 

 

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1    (220 ILCS 5/16-118)
2    Sec. 16-118. Services provided by electric utilities to
3alternative retail electric suppliers.
4    (a) It is in the best interest of Illinois energy consumers
5to promote fair and open competition in the provision of
6electric power and energy and to prevent anticompetitive
7practices in the provision of electric power and energy.
8Therefore, to the extent an electric utility provides electric
9power and energy or delivery services to alternative retail
10electric suppliers and such services are not subject to the
11jurisdiction of the Federal Energy Regulatory Commission, and
12are not competitive services, they shall be provided through
13tariffs that are filed with the Commission, pursuant to Article
14IX of this Act. Each electric utility shall permit alternative
15retail electric suppliers to interconnect facilities to those
16owned by the utility provided they meet established standards
17for such interconnection, and may provide standby or other
18services to alternative retail electric suppliers. The
19alternative retail electric supplier shall sign a contract
20setting forth the prices, terms and conditions for
21interconnection with the electric utility and the prices, terms
22and conditions for services provided by the electric utility to
23the alternative retail electric supplier in connection with the
24delivery by the electric utility of electric power and energy
25supplied by the alternative retail electric supplier.

 

 

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1    (b) An electric utility shall file a tariff pursuant to
2Article IX of the Act that would allow alternative retail
3electric suppliers or electric utilities other than the
4electric utility in whose service area retail customers are
5located to issue single bills to the retail customers for both
6the services provided by such alternative retail electric
7supplier or other electric utility and the delivery services
8provided by the electric utility to such customers. The tariff
9filed pursuant to this subsection shall (i) require partial
10payments made by retail customers to be credited first to the
11electric utility's tariffed services, (ii) impose commercially
12reasonable terms with respect to credit and collection,
13including requests for deposits, (iii) retain the electric
14utility's right to disconnect the retail customers, if it does
15not receive payment for its tariffed services, in the same
16manner that it would be permitted to if it had billed for the
17services itself, and (iv) require the alternative retail
18electric supplier or other electric utility that elects the
19billing option provided by this tariff to include on each bill
20to retail customers an identification of the electric utility
21providing the delivery services and a listing of the charges
22applicable to such services. The tariff filed pursuant to this
23subsection may also include other just and reasonable terms and
24conditions. In addition, an electric utility, an alternative
25retail electric supplier or electric utility other than the
26electric utility in whose service area the customer is located,

 

 

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1and a customer served by such alternative retail electric
2supplier or other electric utility, may enter into an agreement
3pursuant to which the alternative retail electric supplier or
4other electric utility pays the charges specified in Section
516-108, or other customer-related charges, including taxes and
6fees, in lieu of such charges being recovered by the electric
7utility directly from the customer.
8    (c) An electric utility with more than 100,000 customers
9shall file a tariff pursuant to Article IX of this Act that
10provides alternative retail electric suppliers, and electric
11utilities other than the electric utility in whose service area
12the retail customers are located, with the option to have the
13electric utility purchase their receivables for power and
14energy service provided to residential retail customers and
15non-residential retail customers with a non-coincident peak
16demand of less than 400 kilowatts. Receivables for power and
17energy service of alternative retail electric suppliers or
18electric utilities other than the electric utility in whose
19service area the retail customers are located shall be
20purchased by the electric utility at a just and reasonable
21discount rate to be reviewed and approved by the Commission
22after notice and hearing. The discount rate shall be based on
23the electric utility's historical bad debt and any reasonable
24start-up costs and administrative costs associated with the
25electric utility's purchase of receivables. The discounted
26rate for purchase of receivables shall be included in the

 

 

10100SB0651ham001- 29 -LRB101 04244 JWD 61251 a

1tariff filed pursuant to this subsection (c). The discount rate
2filed pursuant to this subsection (c) shall be subject to
3periodic Commission review. The electric utility retains the
4right to impose the same terms on retail customers with respect
5to credit and collection, including requests for deposits, and
6retain the electric utility's right to disconnect the retail
7customers, if it does not receive payment for its tariffed
8services or purchased receivables, in the same manner that it
9would be permitted to if the retail customers purchased power
10and energy from the electric utility. The tariff filed pursuant
11to this subsection (c) shall permit the electric utility to
12recover from retail customers any uncollected receivables that
13may arise as a result of the purchase of receivables under this
14subsection (c), may also include other just and reasonable
15terms and conditions, and shall provide for the prudently
16incurred costs associated with the provision of this service
17pursuant to this subsection (c). Nothing in this subsection (c)
18permits the double recovery of bad debt expenses from
19customers.
20    (d) An electric utility with more than 100,000 customers
21shall file a tariff pursuant to Article IX of this Act that
22would provide alternative retail electric suppliers or
23electric utilities other than the electric utility in whose
24service area retail customers are located with the option to
25have the electric utility produce and provide single bills to
26the retail customers for both the electric power and energy

 

 

10100SB0651ham001- 30 -LRB101 04244 JWD 61251 a

1service provided by the alternative retail electric supplier or
2other electric utility and the delivery services provided by
3the electric utility to the customers. The tariffs filed
4pursuant to this subsection shall require the electric utility
5to collect and remit customer payments for electric power and
6energy service provided by alternative retail electric
7suppliers or electric utilities other than the electric utility
8in whose service area retail customers are located. The tariff
9filed pursuant to this subsection shall require the electric
10utility to include on each bill to retail customers an
11identification of the alternative retail electric supplier or
12other electric utility that elects the billing option. The
13tariff filed pursuant to this subsection (d) may also include
14other just and reasonable terms and conditions and shall
15provide for the recovery of prudently incurred costs associated
16with the provision of service pursuant to this subsection (d).
17The costs associated with the provision of service pursuant to
18this Section shall be subject to periodic Commission review.
19    (e) An electric utility with more than 100,000 customers in
20this State shall file a tariff pursuant to Article IX of this
21Act that provides alternative retail electric suppliers, and
22electric utilities other than the electric utility in whose
23service area the retail customers are located, with the option
24to have the electric utility purchase 2 billing cycles worth of
25uncollectible receivables for power and energy service
26provided to residential retail customers and to

 

 

10100SB0651ham001- 31 -LRB101 04244 JWD 61251 a

1non-residential retail customers with a non-coincident peak
2demand of less than 400 kilowatts upon returning that customer
3to that electric utility for delivery and energy service after
4that alternative retail electric supplier, or an electric
5utility other than the electric utility in whose service area
6the retail customer is located, has made reasonable collection
7efforts on that account. Uncollectible receivables for power
8and energy service of alternative retail electric suppliers, or
9electric utilities other than the electric utility in whose
10service area the retail customers are located, shall be
11purchased by the electric utility at a just and reasonable
12discount rate to be reviewed and approved by the Commission,
13after notice and hearing. The discount rate shall be based on
14the electric utility's historical bad debt for receivables that
15are outstanding for a similar length of time and any reasonable
16start-up costs and administrative costs associated with the
17electric utility's purchase of receivables. The discounted
18rate for purchase of uncollectible receivables shall be
19included in the tariff filed pursuant to this subsection (e).
20The electric utility retains the right to impose the same terms
21on these retail customers with respect to credit and
22collection, including requests for deposits, and retains the
23right to disconnect these retail customers, if it does not
24receive payment for its tariffed services or purchased
25receivables, in the same manner that it would be permitted to
26if the retail customers had purchased power and energy from the

 

 

10100SB0651ham001- 32 -LRB101 04244 JWD 61251 a

1electric utility. The tariff filed pursuant to this subsection
2(e) shall permit the electric utility to recover from retail
3customers any uncollectable receivables that may arise as a
4result of the purchase of uncollectible receivables under this
5subsection (e), may also include other just and reasonable
6terms and conditions, and shall provide for the prudently
7incurred costs associated with the provision of this service
8pursuant to this subsection (e). Nothing in this subsection (e)
9permits the double recovery of utility bad debt expenses from
10customers. The electric utility may file a joint tariff for
11this subsection (e) and subsection (c) of this Section.
12    (f) Every alternative retail electric supplier or electric
13utility other than the electric utility in whose service area
14retail customers are located that issues single bills to the
15retail customers for the services provided by the alternative
16retail electric supplier or other electric utility to the
17customers shall include on the single bills issued to
18residential customers the current utility electric supply
19price to compare that would apply to the customer for the
20billing period if the customer obtained supply from the
21utility. The current utility electric supply price shall be the
22sum of the electric supply charge and the transmission services
23charge and shall disclose that the price does not include the
24monthly purchased electricity adjustment.
25    (g) Every electric utility that provides delivery and
26supply services shall include on each bill issued to

 

 

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1residential customers who obtain supply from an alternative
2retail electric supplier the current utility electric supply
3price to compare that would apply to the customer for the
4billing period if the customer obtained supply from the
5utility. The current utility electric supply price to compare
6shall be the sum of the electric supply charge and the
7transmission services charge and shall disclose that the price
8does 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
12alternative retail electric supplier may establish a term of
13service, notice period for terminating service and provisions
14governing early termination through a tariff or contract. A
15customer may change its supplier subject to tariff or contract
16terms and conditions. Any notice provisions; or provision for a
17fee, charge or penalty with early termination of a contract;
18shall be conspicuously disclosed in any tariff or contract. Any
19tariff filed or contract renewed or entered into on and after
20the effective date of this amendatory Act of the 99th General
21Assembly that contains an early termination clause shall
22disclose the amount of the early termination fee or penalty,
23provided that any early termination fee or penalty shall not
24exceed $50 total for residential customers and $150 for small
25commercial retail customers as defined in Section 16-102 of

 

 

10100SB0651ham001- 34 -LRB101 04244 JWD 61251 a

1this Act, regardless of whether or not the tariff or contract
2is a multiyear tariff or contract. Beginning January 1, 2020,
3residential and small commercial retail customers shall have a
4right to terminate their contracts with alternative retail
5electric suppliers at any time without any termination fees or
6penalties. A customer shall remain responsible for any unpaid
7charges owed to an electric utility or alternative retail
8electric supplier at the time it switches to another provider.
9    The caps on early termination fees and penalties under this
10Section shall apply only to early termination fees and
11penalties for early termination of electric service. The caps
12shall not apply to charges or fees for devices, equipment, or
13other services provided by the utility or alternative retail
14electric 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
18for electric utilities and alternative retail electric
19suppliers.
20    (a) All electric utilities and alternative retail electric
21suppliers shall be required to maintain a customer call center
22where customers can reach a representative and receive current
23information. Customers shall periodically be notified on how to
24reach the call center. The Commission shall have the authority
25to establish reporting requirements for such centers.

 

 

10100SB0651ham001- 35 -LRB101 04244 JWD 61251 a

1    (b) Notwithstanding anything to the contrary, an electric
2utility 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

 

 

10100SB0651ham001- 36 -LRB101 04244 JWD 61251 a

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
7alternative gas suppliers serving or seeking to serve
8residential or small commercial customers and only to the
9extent such alternative gas suppliers provide services to
10residential or small commercial customers.
11    (b) An alternative gas supplier must obtain a certificate
12of service authority from the Commission in accordance with
13this Section before serving any customer or other user located
14in this State. An alternative gas supplier may request, and the
15Commission may grant, a certificate of service authority for
16the entire State or for a specified geographic area of the
17State. A person, corporation, or other entity acting as an
18alternative gas supplier on the effective date of this
19amendatory Act of the 92nd General Assembly shall have 180 days
20from the effective date of this amendatory Act of the 92nd
21General Assembly to comply with the requirements of this
22Section in order to continue to operate as an alternative gas
23supplier.
24    (c) An alternative gas supplier seeking a certificate of
25service authority shall file with the Commission a verified

 

 

10100SB0651ham001- 37 -LRB101 04244 JWD 61251 a

1application containing information showing that the applicant
2meets the requirements of this Section. The alternative gas
3supplier shall publish notice of its application in the
4official State newspaper within 10 days following the date of
5its filing. No later than 45 days after the application is
6properly filed with the Commission, and such notice is
7published, the Commission shall issue its order granting or
8denying the application.
9    (d) An application for a certificate of service authority
10shall identify the area or areas in which the applicant intends
11to offer service and the types of services it intends to offer.
12Applicants that seek to serve residential or small commercial
13customers within a geographic area that is smaller than a gas
14utility's service area shall submit evidence demonstrating
15that the designation of this smaller area does not violate
16Section 19-115. An applicant may state in its application for
17certification any limitations that will be imposed on the
18number of customers or maximum load to be served. The applicant
19shall 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.

 

 

10100SB0651ham001- 38 -LRB101 04244 JWD 61251 a

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
8include only those complaints that seek a binding determination
9from a state or federal regulatory body.
10    (e) The Commission shall grant the application for a
11certificate of service authority if it makes the findings set
12forth in this subsection based on the verified application and
13such 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

 

 

10100SB0651ham001- 39 -LRB101 04244 JWD 61251 a

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

 

 

10100SB0651ham001- 40 -LRB101 04244 JWD 61251 a

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
24in which the applicant fails to provide the Commission with
25information sufficient for the Commission to grant the
26application.

 

 

10100SB0651ham001- 41 -LRB101 04244 JWD 61251 a

1    (f) The Commission can extend the time for considering such
2a certificate request by up to 90 days, and can schedule
3hearings 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
13rules to carry out the provisions of this Section. Within 30
14days after the effective date of this amendatory Act of the
1592nd General Assembly, the Commission shall adopt an emergency
16rule or rules applicable to the certification of those gas
17suppliers that seek to serve residential customers. Within 180
18days of the effective date of this amendatory Act of the 92nd
19General Assembly, the Commission shall adopt rules that specify
20criteria which, if met by any such alternative gas supplier,
21shall constitute the demonstration of technical, financial,
22and managerial resources and abilities to provide service
23required by item (1) of subsection (e) of this Section, such as
24a requirement to post a bond or letter of credit, from a
25responsible surety or financial institution, of sufficient
26size for the nature and scope of the services to be provided,

 

 

10100SB0651ham001- 42 -LRB101 04244 JWD 61251 a

1demonstration of adequate insurance for the scope and nature of
2the services to be provided, and experience in providing
3similar services in other jurisdictions.
4    (h) The Commission may deny with prejudice any application
5that repeatedly fails to include the attachments,
6documentation, and affidavits required by the application form
7or that repeatedly fails to provide any other information
8required by this Section.
9    (i) An alternative gas supplier may seek confidential
10treatment for the reporting to the Commission of its total
11annual dekatherms delivered and sold by it to residential and
12small commercial customers by utility service territory during
13the preceding year via the filing of an affidavit with the
14Commission so long as the affidavit meets the requirements of
15this subsection (i). The affidavit must be filed
16contemporaneously with the information for which confidential
17treatment is sought and must clearly state that the affiant
18seeks confidential treatment pursuant to this subsection (i)
19and the information for which confidential treatment is sought
20must be clearly identified on the confidential version of the
21document filed with the Commission. The affidavit must be
22accompanied by both a "confidential" and a "public" version of
23the document or documents containing the information for which
24confidential treatment is sought.
25    If the alternative gas supplier has met the affidavit
26requirements of this subsection (i), then the Commission shall

 

 

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1afford confidential treatment to the information identified in
2the affidavit for a period of 2 years after the date the
3affidavit is received by the Commission.
4    Nothing in this subsection (i) prevents an alternative gas
5supplier from filing a petition with the Commission seeking
6confidential treatment for information beyond that identified
7in this subsection (i) or for information contained in other
8reports or documents filed with the Commission.
9    Nothing in this subsection (i) prevents the Commission, on
10its own motion, or any party from filing a formal petition with
11the Commission seeking to reconsider the conferring of
12confidential status pursuant to this subsection (i).
13    The Commission, on its own motion, may at any time initiate
14a docketed proceeding to investigate the continued
15applicability of this affidavit-based process for seeking
16confidential treatment. If, at the end of such investigation,
17the Commission determines that this affidavit-based process
18for seeking confidential treatment for the information is no
19longer necessary, the Commission may enter an order to that
20effect. Notwithstanding any such order, in the event the
21Commission makes such a determination, nothing in this
22subsection (i) prevents an alternative gas supplier desiring
23confidential treatment for such information from filing a
24formal petition with the Commission seeking confidential
25treatment for such information.
26(Source: P.A. 99-332, eff. 8-10-15.)
 

 

 

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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
4alternative gas suppliers serving or seeking to serve
5residential or small commercial customers and only to the
6extent such alternative gas suppliers provide services to
7residential 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

 

 

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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

 

 

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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

 

 

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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
12a change in a customer's selection of a natural gas provider
13unless and until (i) the alternative gas supplier first
14discloses all material terms and conditions of the offer,
15including price, to the customer; (ii) the alternative gas
16supplier has obtained the customer's express agreement to
17accept the offer after the disclosure of all material terms and
18conditions of the offer; and (iii) the alternative gas supplier
19has confirmed the request for a change in accordance with one
20of 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

10100SB0651ham001- 52 -LRB101 04244 JWD 61251 a

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

 

 

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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

 

 

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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
23subsection (c) within 90 days after the effective date of this
24amendatory Act of the 95th General Assembly.
25    (d) Complaints may be filed with the Commission under this
26Section by a customer whose natural gas service has been

 

 

10100SB0651ham001- 55 -LRB101 04244 JWD 61251 a

1provided by an alternative gas supplier in a manner not in
2compliance with subsection (c) of this Section. If, after
3notice and hearing, the Commission finds that an alternative
4gas supplier has violated subsection (c), then the Commission
5may 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

 

 

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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
18residential 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,

 

 

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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
26following requirements with respect to the marketing,

 

 

10100SB0651ham001- 58 -LRB101 04244 JWD 61251 a

1offering, 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

 

 

10100SB0651ham001- 59 -LRB101 04244 JWD 61251 a

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

 

 

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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

 

 

10100SB0651ham001- 61 -LRB101 04244 JWD 61251 a

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.

 

 

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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

 

 

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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
9or availability of a service offering by specifying one or more
10of 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
19conditions of such service offering including the applicable
20limitations with the Commission prior to making the service
21offering available to customers.
22    (i) Nothing in this Section shall be construed as
23preventing an alternative gas supplier that is an affiliate of,
24or which contracts with, (i) an industry or trade organization
25or association, (ii) a membership organization or association
26that exists for a purpose other than the purchase of gas, or

 

 

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1(iii) another organization that meets criteria established in a
2rule adopted by the Commission from offering through the
3organization or association services at prices, terms and
4conditions that are available solely to the members of the
5organization 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
9recipient.
10    (a) Beginning January 1, 2020, an alternative gas supplier
11shall not knowingly submit an enrollment to change a customer's
12natural gas supplier if the gas utility's records indicate that
13the customer received financial assistance in the previous 12
14months from either the Low Income Home Energy Assistance
15Program or, at the time of enrollment is participating in the
16Percentage of Income Payment Plan, unless the customer's change
17in gas supplier is pursuant to a Commission-approved savings
18guarantee plan as described in subsection (b).
19    (b) Beginning January 1, 2020, an alternative gas supplier
20may apply to the Commission to offer a savings guarantee plan
21to recipients of Low Income Home Energy Assistance Program
22funding or Percentage of Income Payment Plan funding. The
23Commission shall initiate a public, docketed proceeding to
24consider whether or not to approve an alternative gas
25supplier's application to offer a savings guarantee plan. At a

 

 

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1minimum, the savings guarantee plan shall charge customers for
2natural gas supply at an amount that is less than the amount
3charged by the gas utility.
4    (c) An agreement entered into between an alternative gas
5supplier and a customer in violation of this Section is void
6and unenforceable. Before the gas utility executes a change in
7a customer's natural gas supplier, other than a change pursuant
8to a Commission-approved savings guarantee plan as described in
9subsection (b), the gas utility shall confirm at the time of
10the request whether its records indicate that the customer has
11either received financial assistance from the Low Income Home
12Energy Assistance Program within the previous 12 months, or, at
13the time of enrollment is participating in the Percentage of
14Income Payment Plan; and if so, shall reject such change
15request. Absent willful or wanton misconduct, no gas utility
16shall be held liable for any error in acting or failing to act
17pursuant to this Section.
 
18    (220 ILCS 5/19-120)
19    Sec. 19-120. Commission oversight of services provided by
20gas suppliers.
21    (a) The provisions of this Section shall apply only to
22alternative gas suppliers serving or seeking to serve
23residential or small commercial customers and only to the
24extent such alternative gas suppliers provide services to
25residential or small commercial customers.

 

 

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1    (b) The Commission shall have jurisdiction in accordance
2with the provisions of Article X of this Act either to
3investigate on its own motion in order to determine whether or
4to entertain and dispose of any complaint against any
5alternative 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
22hearing held on complaint or on the Commission's own motion to
23order any or all of the following remedies, penalties, or forms
24of relief:
25        (1) order an alternative gas supplier to cease and
26    desist, or correct, any violation of or nonconformance with

 

 

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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,
15restrict, or mitigate in any way the power and authority of the
16State's Attorneys or the Attorney General under the Consumer
17Fraud and Deceptive Business Practices Act.
18    (e) In addition to other powers and authority granted to it
19under this Act, the Commission may require an alternative gas
20supplier to enter into a compliance plan. If the Commission
21comes into possession of information causing it to conclude
22that an alternative gas supplier is violating this Act or the
23Commission's rules, the Commission may, after notice and
24hearing, enter an order directing the alternative gas supplier
25to implement practices, procedures, oversight, or other
26measures or refrain from practices, conduct, or activities as

 

 

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1the Commission finds is necessary or reasonable to ensure the
2alternative gas supplier's compliance with this Act and the
3Commission's rules. Failure by an alternative gas supplier to
4implement or comply with a Commission-ordered compliance plan
5is a violation of this Section. The Commission, in its
6discretion, may order a compliance plan under such
7circumstances as it considers warranted and is not required to
8order a compliance plan prior to taking other enforcement
9action against an alternative retail gas supplier. Nothing in
10this subsection (e) shall be interpreted to limit the authority
11or 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
15Office of Retail Market Development shall prepare an annual
16report regarding the development of competitive retail natural
17gas markets in Illinois. The Office shall monitor existing
18competitive conditions in Illinois, identify barriers to
19retail competition for all customer classes, and actively
20explore and propose to the Commission and to the General
21Assembly solutions to overcome identified barriers. Solutions
22proposed by the Office to promote retail competition must also
23promote safe, reliable, and affordable natural gas service.
24    On or before October 1 of each year, beginning in 2015, the
25Director shall submit a report to the Commission, the General

 

 

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1Assembly, and the Governor, that includes, at a minimum, the
2following 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
13information 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
19service area where customers are able to choose their natural
20gas supplier, a single billing option shall be offered to
21customers for both the services provided by the alternative gas
22supplier and the delivery services provided by the gas utility.
23A gas utility shall file a tariff pursuant to Article IX of
24this Act that allows alternative gas suppliers to issue single
25bills to residential and small commercial customers for both

 

 

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1the services provided by the alternative gas supplier and the
2delivery services provided by the gas utility to customers;
3provided that if a form of single billing is being offered in a
4gas utility's service area on the effective date of this
5amendatory Act of the 92nd General Assembly, that form of
6single billing shall remain in effect unless and until
7otherwise ordered by the Commission.
8    (b) Every alternative gas supplier that issues a single
9bill for delivery and supply shall include on the single bill
10issued to a residential customer the current utility gas supply
11cost rate per therm that would apply to the customer for the
12billing period if the customer obtained supply from the
13utility, including all fixed or monthly supply charges and
14other charges, credits, or rates that are part of the gas
15supply price.
16    (c) Every gas utility that offers supply choice and
17provides delivery and alternative gas supply service on a
18single bill to its residential customers shall include on the
19bill of each residential customer who purchases supply services
20from an alternative gas supplier the current utility gas supply
21cost rate per therm that would apply to the customer for the
22billing period if the customer obtained supply from the
23utility, including all fixed or monthly supply charges and
24other charges, credits, or rates that are part of the gas
25supply price.
26(Source: P.A. 92-852, eff. 8-26-02.)
 

 

 

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1    (220 ILCS 5/20-110)
2    Sec. 20-110. Office of Retail Market Development. Within 90
3days after the effective date of this amendatory Act of the
494th General Assembly, subject to appropriation, the
5Commission shall establish an Office of Retail Market
6Development and employ on its staff a Director of Retail Market
7Development to oversee the Office. The Director shall have
8authority to employ or otherwise retain at least 2
9professionals dedicated to the task of actively seeking out
10ways to promote retail competition in Illinois to benefit all
11Illinois consumers.
12    The Office shall actively seek input from all interested
13parties and shall develop a thorough understanding and critical
14analyses of the tools and techniques used to promote retail
15competition in other states.
16    The Office shall monitor existing competitive conditions
17in Illinois, identify barriers to retail competition for all
18customer classes, and actively explore and propose to the
19Commission and to the General Assembly solutions to overcome
20identified barriers. The Director may include municipal
21aggregation of customers and creating and designing customer
22choice programs as tools for retail market development.
23Solutions proposed by the Office to promote retail competition
24must also promote safe, reliable, and affordable electric
25service.

 

 

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1    On or before July 31 June 30 of each year, the Director
2shall submit a report to the Commission, the General Assembly,
3and the Governor, that details specific accomplishments
4achieved by the Office in the prior 12 months in promoting
5retail electric competition and that suggests administrative
6and legislative action necessary to promote further
7improvements in retail electric competition. On or before July
831, 2021 and each year thereafter, the report shall include the
9information 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
13Practices Act is amended by changing Sections 2EE and 2DDD as
14follows:
 
15    (815 ILCS 505/2EE)
16    Sec. 2EE. Alternative retail electric supplier Electric
17service provider selection.
18    (a) An alternative retail electric supplier electric
19service provider shall not submit or execute a change in a
20consumer's subscriber's selection of a provider of electric
21service 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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
8utilize the name of a public utility in any manner that is
9deceptive or misleading, including, but not limited to implying
10or otherwise leading a consumer to believe that an alternative
11retail electric supplier is soliciting on behalf of or is an
12agent of a utility. An alternative retail electric supplier
13shall not utilize the name, or any other identifying insignia,
14graphics, or wording that has been used at any time to
15represent a public utility company or its services, to
16identify, label, or define any of its electric power and energy
17service offers. An alternative retail electric supplier may
18state the name of a public electric utility in order to
19accurately describe the electric utility service territories
20in which the supplier is currently offering an electric power
21and energy service. An alternative retail electric supplier
22that is the affiliate of an Illinois public utility and that
23was doing business in Illinois providing alternative retail
24electric service on January 1, 2016 may continue to use that
25public utility's name, logo, identifying insignia, graphics,
26or wording in its business operations occurring outside the

 

 

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1service territory of the public utility with which it is
2affiliated.
3    (2) An alternative retail electric supplier shall not state
4or otherwise imply that the alternative retail electric
5supplier is employed by, representing, endorsed by, or acting
6on behalf of a utility or utility program, a consumer group or
7consumer group program, or a governmental body, unless the
8alternative retail electric supplier has entered into a
9contractual arrangement with the governmental body and has been
10authorized by the governmental body to make the statements.
11    (c) An alternative retail electric supplier shall not
12submit or execute a change in a consumer's selection of a
13provider of electric service unless the alternative retail
14electric supplier complies with the following requirements of
15this subsection (c). It is a violation of this Section for an
16alternative retail electric supplier to fail to comply with
17this subsection (c). The requirements of this subsection (c)
18shall only apply to residential and small commercial retail
19customers. For purposes of this subsection (c) only, "small
20commercial retail customer" has the meaning given to that term
21in 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
16Commission under this Section by a consumer subscriber whose
17electric service has been provided by an alternative retail
18electric supplier electric service supplier in a manner not in
19compliance with this Section or by the Illinois Commerce
20Commission on its own motion when it appears to the Commission
21that an alternative retail electric supplier has provided
22service in a manner not in compliance with this Section. If,
23after notice and hearing, the Commission finds that an
24alternative retail electric supplier electric service provider
25has violated this Section, the Commission may in its discretion
26do any one or more of the following:

 

 

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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

 

 

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1meaning given that phrase in Section 6.5 of the Attorney
2General Act.
3    "Alternative retail electric supplier" has the meaning
4given to that term in Section 16-102 of the Public Utilities
5Act.
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
15meaning of Section 2 of this Act for any person to violate any
16provision 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

 

 

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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

 

 

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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:

 

 

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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
21shall not submit or execute a change in a customer's selection
22of a natural gas provider unless and until (i) the alternative
23gas supplier first discloses all material terms and conditions
24of the offer to the customer; (ii) the alternative gas supplier
25has obtained the customer's express agreement to accept the
26offer after the disclosure of all material terms and conditions

 

 

10100SB0651ham001- 96 -LRB101 04244 JWD 61251 a

1of the offer; and (iii) the alternative gas supplier has
2confirmed the request for a change in accordance with one of
3the 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

10100SB0651ham001- 101 -LRB101 04244 JWD 61251 a

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:

 

 

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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
7provisions of this subsection (d) within 90 days after the
8effective date of this amendatory Act of the 95th General
9Assembly.
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
3customer the opportunity to rescind its agreement without
4penalty within 10 business days after the date on the gas
5utility notice to the customer. The alternative gas supplier
6shall 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
18in its sales solicitations, contracts, and all applicable sales
19verification 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
21alternative gas suppliers serving or seeking to serve
22residential and small commercial customers and only to the
23extent such alternative gas suppliers provide services to
24residential and small commercial customers.
25(Source: P.A. 97-333, eff. 8-12-11.)".