SB1396 EngrossedLRB097 09365 ASK 49500 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 16-117 as follows:
 
6    (220 ILCS 5/16-117)
7    Sec. 16-117. Commission consumer education program.
8    (a) The restructuring of the electricity industry will
9create a new electricity market with new marketers and sellers
10offering new goods and services, many of which the average
11consumer will not be able to readily evaluate. It is the intent
12of the General Assembly that (i) electricity consumers be
13provided with sufficient and reliable information so that they
14are able to compare and make informed selections of products
15and services provided in the electricity market; and (ii)
16mechanisms be provided to enable consumers to protect
17themselves from marketing practices that are unfair or abusive.
18    (b) The Commission shall implement and maintain a consumer
19education information program to help provide residential and
20small commercial retail customers with information to help them
21understand their service options in a competitive electric
22services market, and their rights and responsibilities.
23    (c) Not more than 90 days after the effective date of this

 

 

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1amendatory Act of the 97th General Assembly, the Commission
2shall direct the Office of Retail Market Development to review
3the existing consumer education information for residential
4and small commercial customers and consider whether updates are
5necessary. The Office of Retail Market Development shall seek
6input from interested persons, including alternative retail
7electric suppliers, electric utilities, the Attorney General,
8and the Citizens Utility Board, to further its review of the
9consumer education materials and possible proposed changes.
10Within 4 months after the start of the review, the Office of
11Retail Market Development shall submit recommendations to the
12Commission for approval. The Commission shall form a working
13group following the enactment of this amendatory Act of 1997.
14This group shall consist of 5 representatives of the
15investor-owned electric utilities in this State, 2 of which
16shall be appointed by electric utilities serving over 1,000,000
17retail customers in this State; 2 representatives of
18alternative retail electric suppliers; 3 representatives of
19organizations representing the interests of residential and
20small commercial retail customers; and the Commission.
21    (d) (Blank). By March 1, 1999, with respect to educational
22materials for small commercial customers and by November 1,
232001 with respect to educational materials for residential
24customers, the working group appointed pursuant to this Section
25shall develop a package of printed educational materials which
26meet the requirements of subsection (e) and shall submit such

 

 

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1package to the Commission for approval, along with
2recommendations for implementing this consumer education
3program. Such materials shall consider the needs of different
4types of consumers in this State, such as elderly, low-income,
5multilingual, minority, rural and disabled customers. The
6working group shall issue recommendations to the Commission on
7how such education program can be implemented through a variety
8of communication methods, including specifically mass media,
9distribution of printed material, public service
10announcements, and posting on the Internet.
11    (e) At a minimum, the materials constituting the consumer
12education information program submitted to the Commission by
13the Office of Retail Market Development working group shall
14include concise explanations or descriptions of the following:
15        (1) the structure of the electric utility industry
16    following this amendatory Act of 1997 and a glossary of
17    basic terms;
18        (2) the choices available to consumers to take electric
19    service from an alternative retail electric supplier or
20    remain as a retail customer of an electric utility;
21        (3) a customer's rights, risks and responsibilities in
22    receiving service from an alternative retail electric
23    supplier or remaining as a retail customer of an electric
24    utility;
25        (4) the legal obligations of alternative retail
26    electric suppliers;

 

 

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1        (5) those services that may be offered on a competitive
2    basis in a deregulated electric services market, including
3    services that could be packaged with the delivery of
4    electric power and energy;
5        (6) services that an electric utility is required to
6    provide pursuant to tariffed rates;
7        (7) the components of a bill that could be received by
8    a customer taking delivery services;
9        (8) the complaint procedures set forth in Section
10    10-108 of this Act by which consumers may seek a redress of
11    grievances against an electric utility or an alternative
12    retail electric supplier and a list of phone numbers of the
13    Commission, the Attorney General or other entities that can
14    provide information and assistance to customers; and
15        (9) additional information available from the
16    Commission upon request.
17    (f) Within 45 days following the submission required of the
18Office of Retail Market Development working group by subsection
19(c) (d) of this Section, the Commission shall approve or
20disapprove the consumer education information educational
21materials and recommendations for program implementation. The
22Commission shall be deemed to have approved the educational
23program materials and recommendations unless the Commission
24disapproves of any such material or recommendation within 45
25days following the date of receipt.
26    (g) Once approved by the Commission, materials comprising

 

 

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1the consumer education information program contemplated by
2this Section shall be provided distributed as follows:
3        (1) If the electric utility bills residential or small
4    commercial retail customers directly, then the bill shall
5    include the Commission's electric education internet
6    address in the space reserved for alternative retail
7    electric supplier messages. Electric utilities shall mail
8    printed educational materials specified by the working
9    group and approved by the Commission (a) to all residential
10    and small commercial retail customers within a reasonable
11    period prior to the date that such customers become
12    eligible to purchase power from alternative retail
13    electric suppliers, such "reasonable period" to be
14    determined by the Commission; and (b) once the applicable
15    customer class becomes eligible to receive delivery
16    services, to all new residential and small commercial
17    retail customers at the time that such customers begin
18    taking services from the electric utility.
19        (2) Alternative retail electric suppliers shall
20    provide the Commission's electric education internet
21    address include such materials with all initial mailings to
22    all potential residential and small commercial retail
23    customers but in all circumstances prior to the time by
24    which an alternative retail electric supplier executes any
25    agreements or contracts with such customers for the supply
26    of electric services.

 

 

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1        (3) (Blank). Both electric utilities and alternative
2    retail electric suppliers shall provide such materials at
3    no charge to residential and small commercial retail
4    customers upon request.
5        (4) The Commission shall make the following
6    information available on its web site and printed
7    information from the web site available to the public upon
8    request and at no charge, and shall make available to the
9    public on the Internet through the State of Illinois World
10    Wide Web Site:
11            (A) all consumer education information developed
12        by the Office of Retail Market Development printed
13        educational materials developed by the working group
14        and approved by the Commission;
15            (B) a list of all certified alternative retail
16        electric suppliers serving residential and small
17        commercial retail customers within the service
18        territory of each electric utility;
19            (C) a list of alternative retail electric
20        suppliers serving residential or small commercial
21        retail customers which have been found in the last 3
22        years by the Commission pursuant to Section 10-108 to
23        have failed to provide service in accordance with the
24        terms of their contracts with such retail customers;
25        and
26            (D) guidelines to assist customers in determining

 

 

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1        which energy supplier is most appropriate for each
2        customer.
3    (h) The Commission may also adopt a uniform disclosure form
4which alternative retail electric suppliers would be required
5to complete enabling consumers to compare prices, terms and
6conditions offered by such suppliers.
7    (i) The Commission shall make available to the public staff
8with the ability and knowledge to respond to consumer
9inquiries.
10    (j) (Blank). The costs of printing educational materials
11approved by the Commission pursuant to this Section shall be
12payable solely from funding as provided in this subsection.
13    Each year the General Assembly shall appropriate money to
14the Commission from the General Revenue Fund for the expenses
15of the Commission associated with this Section. The cost of the
16consumer education program contemplated by this Section shall
17not exceed the amount of such appropriation. In no event shall
18any electric utility, alternative retail electric supplier or
19customer be liable for the costs of printing consumer education
20program material in accordance with this Section. The
21obligations associated with this consumer education program
22shall not exceed the amounts appropriated for this program
23pursuant to this Section.
24    (k) (Blank). The Commission shall study the effectiveness
25of the consumer education program. Such study shall include a
26notice and an opportunity for participation and comment by all

 

 

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1interested and potentially affected parties. Such study shall
2be completed by January 31st of each year during the mandatory
3transition period and a summary thereof, together with any
4legislative recommendations, shall be included in the
5Commission's Annual Report due in accordance with Section 4-304
6of this Act.
7(Source: P.A. 90-561, eff. 12-16-97.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.