Electric Utility Oversight Committee
Filed: 5/8/2007
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1 | AMENDMENT TO SENATE BILL 1366
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2 | AMENDMENT NO. ______. Amend Senate Bill 1366 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Section 16-115C as follows: | ||||||
6 | (220 ILCS 5/16-115C new) | ||||||
7 | Sec. 16-115C. Licensure of agents, brokers, and | ||||||
8 | consultants engaged in the procurement or sale of retail | ||||||
9 | electricity supply for third parties by the Commission. | ||||||
10 | (a) The purpose of this Section is to adopt licensing and | ||||||
11 | code of conduct rules in a competitive retail electricity | ||||||
12 | market to protect Illinois consumers from unfair or deceptive | ||||||
13 | acts or practices and to provide persons acting as agents, | ||||||
14 | brokers, and consultants engaged in the procurement or sale of | ||||||
15 | retail electricity supply for third parties with notice of the | ||||||
16 | illegality of those acts or practices. |
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1 | (b) For purposes of this Section, "agents, brokers, and | ||||||
2 | consultants engaged in the procurement or sale of retail | ||||||
3 | electricity supply for third parties" means any person or | ||||||
4 | entity that attempts to procure on behalf of or sell retail | ||||||
5 | electric service to an electric customer in the State. "Agents, | ||||||
6 | brokers, and consultants engaged in the procurement or sale of | ||||||
7 | retail electricity supply for third parties" does not include | ||||||
8 | any entity licensed as an alternative retail electric supplier | ||||||
9 | pursuant to 83 Ill. Adm. Code 451 offering retail electric | ||||||
10 | service on its own behalf, any person acting exclusively on | ||||||
11 | behalf of a single alternative retail electric supplier on | ||||||
12 | condition that exclusivity is disclosed to any third party | ||||||
13 | contracted in such agent capacity, or any person or entity | ||||||
14 | representing a municipal power agency, as defined in Section | ||||||
15 | 11-119.1-3 of the Illinois Municipal Code. | ||||||
16 | (c) No person or entity shall act as an agent, broker, or | ||||||
17 | consultant engaged in the procurement or sale of retail | ||||||
18 | electricity supply for third parties unless that person or | ||||||
19 | entity is licensed by the Commission under this Section or is | ||||||
20 | offering services on their own behalf under 83 Ill. Adm. Code | ||||||
21 | 451. | ||||||
22 | (d) The Commission shall create requirements for licensure | ||||||
23 | as an agent, broker, or consultant engaged in the procurement | ||||||
24 | or sale of retail electricity supply for third parties, which | ||||||
25 | shall include all of the following criteria: | ||||||
26 | (1) Technical competence. |
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1 | (2) Managerial competence, including criminal | ||||||
2 | background checks and other indicia of honesty and | ||||||
3 | fair-dealing. | ||||||
4 | (3) Financial responsibility, including the posting of | ||||||
5 | an appropriate performance bond. | ||||||
6 | (4) Annual reporting requirements. | ||||||
7 | The license shall expire on April 30 of each year unless a | ||||||
8 | renewal order is issued by the Commission. The term of the | ||||||
9 | renewal shall be until the following April 30 or earlier as | ||||||
10 | determined by the Commission. | ||||||
11 | (e) Any person or entity required to be licensed under this | ||||||
12 | Section must: | ||||||
13 | (1) disclose to all persons it solicits the existence | ||||||
14 | of any contracts with retail electric suppliers or their | ||||||
15 | affiliates and the nature of those contract or contracts; | ||||||
16 | (2) provide to all persons it solicits a list of all | ||||||
17 | retail electric suppliers authorized to serve that person; | ||||||
18 | the list shall include all contact information per the | ||||||
19 | then-current list of suppliers on the Commission's | ||||||
20 | website; | ||||||
21 | (3) not hold itself out as independent or unaffiliated | ||||||
22 | with any supplier, or both, or use words reasonably | ||||||
23 | calculated to give that impression, unless the person | ||||||
24 | offering service under this Section has no contractual | ||||||
25 | relationship with any retail electricity supplier or its | ||||||
26 | affiliates; |
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1 | (4) not utilize false, misleading, materially | ||||||
2 | inaccurate, defamatory, or otherwise deceptive language or | ||||||
3 | materials in the soliciting or providing of its services; | ||||||
4 | (5) maintain copies of all marketing materials | ||||||
5 | disseminated to third parties for a period of not less than | ||||||
6 | 3 years; | ||||||
7 | (6) not present electricity pricing information in a | ||||||
8 | manner that favors one supplier over another, unless a | ||||||
9 | valid pricing comparison is made utilizing all relevant | ||||||
10 | costs and terms; and | ||||||
11 | (7) comply with the requirements of Sections 2EE, 2FF, | ||||||
12 | 2GG, and 2HH of the Consumer Fraud and Deceptive Business | ||||||
13 | Practices Act. | ||||||
14 | (f) Any person or entity licensed under this Section shall | ||||||
15 | file with the Commission all of the following information no | ||||||
16 | later than March of each year: | ||||||
17 | (1) A verified report detailing any and all contractual | ||||||
18 | relationships that it has with certified electricity | ||||||
19 | suppliers in the State. | ||||||
20 | (2) A verified report detailing the distribution of its | ||||||
21 | customers with the various certified electricity suppliers | ||||||
22 | during the prior calendar year. | ||||||
23 | (3) A copy of its audited financial statement. | ||||||
24 | (4) A verified statement of any changes to the original | ||||||
25 | licensure qualifications and notice of continuing | ||||||
26 | compliance with all requirements. |
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1 | (g) The Commission shall have exclusive jurisdiction over | ||||||
2 | all disciplinary proceedings and complaints for violations of | ||||||
3 | this Section. The findings of a violation of this Section by | ||||||
4 | the Commission shall result in a progressive disciplinary | ||||||
5 | scale. For a first violation, the Commission shall suspend the | ||||||
6 | license of the person so disciplined for a period of no less | ||||||
7 | than one month. For a second violation within a 5-year period, | ||||||
8 | the Commission shall suspend the license for the person so | ||||||
9 | disciplined for a period of not less than 6 months. For a third | ||||||
10 | or subsequent violation within a 5-year period, the Commission | ||||||
11 | shall suspend the license of the disciplined person for a | ||||||
12 | period of not less than 2 years. | ||||||
13 | (h) This Section shall not apply to a retail customer that | ||||||
14 | operates or manages either directly or indirectly any | ||||||
15 | facilities, equipment, or property used or contemplated to be | ||||||
16 | used to distribute electric power or energy if that retail | ||||||
17 | customer is a political subdivision or public institution of | ||||||
18 | higher education of this State, or any corporation, company, | ||||||
19 | limited liability company, association, joint-stock company or | ||||||
20 | association, firm, partnership, or individual, or their | ||||||
21 | lessees, trusts, or receivers appointed by any court whatsoever | ||||||
22 | that are owned or controlled by the political subdivision, | ||||||
23 | public institution of higher education, or operated by any of | ||||||
24 | its lessees or operating agents.
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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