Illinois General Assembly - Full Text of SB2433
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Full Text of SB2433  102nd General Assembly

SB2433 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2433

 

Introduced 2/26/2021, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/16-108

    Amends the Public Utilities Act. In provisions concerning recovery of the costs associated with the purchase of zero emission credits from zero emission facilities, authorizes the collection of certain charges relating to renewable resources through the delivery year beginning June 1, 2021 (rather than June 1, 2019). Provides that the Illinois Commerce Commission shall not conduct an annual review, reconciliation, and true-up associated with renewable energy resources' collections and costs through the delivery year commencing June 1, 2021 (rather than June 1, 2020) and shall instead conduct a single review, reconciliation, and true-up associated with renewable energy resources' collections and costs for the period beginning June 1, 2017 and ending May 31, 2022 (rather than May 31, 2021), provided that the review, reconciliation, and true-up shall not be initiated until after August 31, 2022 (rather than August 31, 2021). Makes conforming changes. Effective immediately.


LRB102 17324 SPS 22814 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2433LRB102 17324 SPS 22814 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 16-108 as follows:
 
6    (220 ILCS 5/16-108)
7    Sec. 16-108. Recovery of costs associated with the
8provision of delivery and other services.
9    (a) An electric utility shall file a delivery services
10tariff with the Commission at least 210 days prior to the date
11that it is required to begin offering such services pursuant
12to this Act. An electric utility shall provide the components
13of delivery services that are subject to the jurisdiction of
14the Federal Energy Regulatory Commission at the same prices,
15terms and conditions set forth in its applicable tariff as
16approved or allowed into effect by that Commission. The
17Commission shall otherwise have the authority pursuant to
18Article IX to review, approve, and modify the prices, terms
19and conditions of those components of delivery services not
20subject to the jurisdiction of the Federal Energy Regulatory
21Commission, including the authority to determine the extent to
22which such delivery services should be offered on an unbundled
23basis. In making any such determination the Commission shall

 

 

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1consider, at a minimum, the effect of additional unbundling on
2(i) the objective of just and reasonable rates, (ii) electric
3utility employees, and (iii) the development of competitive
4markets for electric energy services in Illinois.
5    (b) The Commission shall enter an order approving, or
6approving as modified, the delivery services tariff no later
7than 30 days prior to the date on which the electric utility
8must commence offering such services. The Commission may
9subsequently modify such tariff pursuant to this Act.
10    (c) The electric utility's tariffs shall define the
11classes of its customers for purposes of delivery services
12charges. Delivery services shall be priced and made available
13to all retail customers electing delivery services in each
14such class on a nondiscriminatory basis regardless of whether
15the retail customer chooses the electric utility, an affiliate
16of the electric utility, or another entity as its supplier of
17electric power and energy. Charges for delivery services shall
18be cost based, and shall allow the electric utility to recover
19the costs of providing delivery services through its charges
20to its delivery service customers that use the facilities and
21services associated with such costs. Such costs shall include
22the costs of owning, operating and maintaining transmission
23and distribution facilities. The Commission shall also be
24authorized to consider whether, and if so to what extent, the
25following costs are appropriately included in the electric
26utility's delivery services rates: (i) the costs of that

 

 

SB2433- 3 -LRB102 17324 SPS 22814 b

1portion of generation facilities used for the production and
2absorption of reactive power in order that retail customers
3located in the electric utility's service area can receive
4electric power and energy from suppliers other than the
5electric utility, and (ii) the costs associated with the use
6and redispatch of generation facilities to mitigate
7constraints on the transmission or distribution system in
8order that retail customers located in the electric utility's
9service area can receive electric power and energy from
10suppliers other than the electric utility. Nothing in this
11subsection shall be construed as directing the Commission to
12allocate any of the costs described in (i) or (ii) that are
13found to be appropriately included in the electric utility's
14delivery services rates to any particular customer group or
15geographic area in setting delivery services rates.
16    (d) The Commission shall establish charges, terms and
17conditions for delivery services that are just and reasonable
18and shall take into account customer impacts when establishing
19such charges. In establishing charges, terms and conditions
20for delivery services, the Commission shall take into account
21voltage level differences. A retail customer shall have the
22option to request to purchase electric service at any delivery
23service voltage reasonably and technically feasible from the
24electric facilities serving that customer's premises provided
25that there are no significant adverse impacts upon system
26reliability or system efficiency. A retail customer shall also

 

 

SB2433- 4 -LRB102 17324 SPS 22814 b

1have the option to request to purchase electric service at any
2point of delivery that is reasonably and technically feasible
3provided that there are no significant adverse impacts on
4system reliability or efficiency. Such requests shall not be
5unreasonably denied.
6    (e) Electric utilities shall recover the costs of
7installing, operating or maintaining facilities for the
8particular benefit of one or more delivery services customers,
9including without limitation any costs incurred in complying
10with a customer's request to be served at a different voltage
11level, directly from the retail customer or customers for
12whose benefit the costs were incurred, to the extent such
13costs are not recovered through the charges referred to in
14subsections (c) and (d) of this Section.
15    (f) An electric utility shall be entitled but not required
16to implement transition charges in conjunction with the
17offering of delivery services pursuant to Section 16-104. If
18an electric utility implements transition charges, it shall
19implement such charges for all delivery services customers and
20for all customers described in subsection (h), but shall not
21implement transition charges for power and energy that a
22retail customer takes from cogeneration or self-generation
23facilities located on that retail customer's premises, if such
24facilities meet the following criteria:
25        (i) the cogeneration or self-generation facilities
26    serve a single retail customer and are located on that

 

 

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1    retail customer's premises (for purposes of this
2    subparagraph and subparagraph (ii), an industrial or
3    manufacturing retail customer and a third party contractor
4    that is served by such industrial or manufacturing
5    customer through such retail customer's own electrical
6    distribution facilities under the circumstances described
7    in subsection (vi) of the definition of "alternative
8    retail electric supplier" set forth in Section 16-102,
9    shall be considered a single retail customer);
10        (ii) the cogeneration or self-generation facilities
11    either (A) are sized pursuant to generally accepted
12    engineering standards for the retail customer's electrical
13    load at that premises (taking into account standby or
14    other reliability considerations related to that retail
15    customer's operations at that site) or (B) if the facility
16    is a cogeneration facility located on the retail
17    customer's premises, the retail customer is the thermal
18    host for that facility and the facility has been designed
19    to meet that retail customer's thermal energy requirements
20    resulting in electrical output beyond that retail
21    customer's electrical demand at that premises, comply with
22    the operating and efficiency standards applicable to
23    "qualifying facilities" specified in title 18 Code of
24    Federal Regulations Section 292.205 as in effect on the
25    effective date of this amendatory Act of 1999;
26        (iii) the retail customer on whose premises the

 

 

SB2433- 6 -LRB102 17324 SPS 22814 b

1    facilities are located either has an exclusive right to
2    receive, and corresponding obligation to pay for, all of
3    the electrical capacity of the facility, or in the case of
4    a cogeneration facility that has been designed to meet the
5    retail customer's thermal energy requirements at that
6    premises, an identified amount of the electrical capacity
7    of the facility, over a minimum 5-year period; and
8        (iv) if the cogeneration facility is sized for the
9    retail customer's thermal load at that premises but
10    exceeds the electrical load, any sales of excess power or
11    energy are made only at wholesale, are subject to the
12    jurisdiction of the Federal Energy Regulatory Commission,
13    and are not for the purpose of circumventing the
14    provisions of this subsection (f).
15If a generation facility located at a retail customer's
16premises does not meet the above criteria, an electric utility
17implementing transition charges shall implement a transition
18charge until December 31, 2006 for any power and energy taken
19by such retail customer from such facility as if such power and
20energy had been delivered by the electric utility. Provided,
21however, that an industrial retail customer that is taking
22power from a generation facility that does not meet the above
23criteria but that is located on such customer's premises will
24not be subject to a transition charge for the power and energy
25taken by such retail customer from such generation facility if
26the facility does not serve any other retail customer and

 

 

SB2433- 7 -LRB102 17324 SPS 22814 b

1either was installed on behalf of the customer and for its own
2use prior to January 1, 1997, or is both predominantly fueled
3by byproducts of such customer's manufacturing process at such
4premises and sells or offers an average of 300 megawatts or
5more of electricity produced from such generation facility
6into the wholesale market. Such charges shall be calculated as
7provided in Section 16-102, and shall be collected on each
8kilowatt-hour delivered under a delivery services tariff to a
9retail customer from the date the customer first takes
10delivery services until December 31, 2006 except as provided
11in subsection (h) of this Section. Provided, however, that an
12electric utility, other than an electric utility providing
13service to at least 1,000,000 customers in this State on
14January 1, 1999, shall be entitled to petition for entry of an
15order by the Commission authorizing the electric utility to
16implement transition charges for an additional period ending
17no later than December 31, 2008. The electric utility shall
18file its petition with supporting evidence no earlier than 16
19months, and no later than 12 months, prior to December 31,
202006. The Commission shall hold a hearing on the electric
21utility's petition and shall enter its order no later than 8
22months after the petition is filed. The Commission shall
23determine whether and to what extent the electric utility
24shall be authorized to implement transition charges for an
25additional period. The Commission may authorize the electric
26utility to implement transition charges for some or all of the

 

 

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1additional period, and shall determine the mitigation factors
2to be used in implementing such transition charges; provided,
3that the Commission shall not authorize mitigation factors
4less than 110% of those in effect during the 12 months ended
5December 31, 2006. In making its determination, the Commission
6shall consider the following factors: the necessity to
7implement transition charges for an additional period in order
8to maintain the financial integrity of the electric utility;
9the prudence of the electric utility's actions in reducing its
10costs since the effective date of this amendatory Act of 1997;
11the ability of the electric utility to provide safe, adequate
12and reliable service to retail customers in its service area;
13and the impact on competition of allowing the electric utility
14to implement transition charges for the additional period.
15    (g) The electric utility shall file tariffs that establish
16the transition charges to be paid by each class of customers to
17the electric utility in conjunction with the provision of
18delivery services. The electric utility's tariffs shall define
19the classes of its customers for purposes of calculating
20transition charges. The electric utility's tariffs shall
21provide for the calculation of transition charges on a
22customer-specific basis for any retail customer whose average
23monthly maximum electrical demand on the electric utility's
24system during the 6 months with the customer's highest monthly
25maximum electrical demands equals or exceeds 3.0 megawatts for
26electric utilities having more than 1,000,000 customers, and

 

 

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1for other electric utilities for any customer that has an
2average monthly maximum electrical demand on the electric
3utility's system of one megawatt or more, and (A) for which
4there exists data on the customer's usage during the 3 years
5preceding the date that the customer became eligible to take
6delivery services, or (B) for which there does not exist data
7on the customer's usage during the 3 years preceding the date
8that the customer became eligible to take delivery services,
9if in the electric utility's reasonable judgment there exists
10comparable usage information or a sufficient basis to develop
11such information, and further provided that the electric
12utility can require customers for which an individual
13calculation is made to sign contracts that set forth the
14transition charges to be paid by the customer to the electric
15utility pursuant to the tariff.
16    (h) An electric utility shall also be entitled to file
17tariffs that allow it to collect transition charges from
18retail customers in the electric utility's service area that
19do not take delivery services but that take electric power or
20energy from an alternative retail electric supplier or from an
21electric utility other than the electric utility in whose
22service area the customer is located. Such charges shall be
23calculated, in accordance with the definition of transition
24charges in Section 16-102, for the period of time that the
25customer would be obligated to pay transition charges if it
26were taking delivery services, except that no deduction for

 

 

SB2433- 10 -LRB102 17324 SPS 22814 b

1delivery services revenues shall be made in such calculation,
2and usage data from the customer's class shall be used where
3historical usage data is not available for the individual
4customer. The customer shall be obligated to pay such charges
5on a lump sum basis on or before the date on which the customer
6commences to take service from the alternative retail electric
7supplier or other electric utility, provided, that the
8electric utility in whose service area the customer is located
9shall offer the customer the option of signing a contract
10pursuant to which the customer pays such charges ratably over
11the period in which the charges would otherwise have applied.
12    (i) An electric utility shall be entitled to add to the
13bills of delivery services customers charges pursuant to
14Sections 9-221, 9-222 (except as provided in Section 9-222.1),
15and Section 16-114 of this Act, Section 5-5 of the Electricity
16Infrastructure Maintenance Fee Law, Section 6-5 of the
17Renewable Energy, Energy Efficiency, and Coal Resources
18Development Law of 1997, and Section 13 of the Energy
19Assistance Act.
20    (j) If a retail customer that obtains electric power and
21energy from cogeneration or self-generation facilities
22installed for its own use on or before January 1, 1997,
23subsequently takes service from an alternative retail electric
24supplier or an electric utility other than the electric
25utility in whose service area the customer is located for any
26portion of the customer's electric power and energy

 

 

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1requirements formerly obtained from those facilities
2(including that amount purchased from the utility in lieu of
3such generation and not as standby power purchases, under a
4cogeneration displacement tariff in effect as of the effective
5date of this amendatory Act of 1997), the transition charges
6otherwise applicable pursuant to subsections (f), (g), or (h)
7of this Section shall not be applicable in any year to that
8portion of the customer's electric power and energy
9requirements formerly obtained from those facilities,
10provided, that for purposes of this subsection (j), such
11portion shall not exceed the average number of kilowatt-hours
12per year obtained from the cogeneration or self-generation
13facilities during the 3 years prior to the date on which the
14customer became eligible for delivery services, except as
15provided in subsection (f) of Section 16-110.
16    (k) The electric utility shall be entitled to recover
17through tariffed charges all of the costs associated with the
18purchase of zero emission credits from zero emission
19facilities to meet the requirements of subsection (d-5) of
20Section 1-75 of the Illinois Power Agency Act. Such costs
21shall include the costs of procuring the zero emission
22credits, as well as the reasonable costs that the utility
23incurs as part of the procurement processes and to implement
24and comply with plans and processes approved by the Commission
25under such subsection (d-5). The costs shall be allocated
26across all retail customers through a single, uniform cents

 

 

SB2433- 12 -LRB102 17324 SPS 22814 b

1per kilowatt-hour charge applicable to all retail customers,
2which shall appear as a separate line item on each customer's
3bill. Beginning June 1, 2017, the electric utility shall be
4entitled to recover through tariffed charges all of the costs
5associated with the purchase of renewable energy resources to
6meet the renewable energy resource standards of subsection (c)
7of Section 1-75 of the Illinois Power Agency Act, under
8procurement plans as approved in accordance with that Section
9and Section 16-111.5 of this Act. Such costs shall include the
10costs of procuring the renewable energy resources, as well as
11the reasonable costs that the utility incurs as part of the
12procurement processes and to implement and comply with plans
13and processes approved by the Commission under such Sections.
14The costs associated with the purchase of renewable energy
15resources shall be allocated across all retail customers in
16proportion to the amount of renewable energy resources the
17utility procures for such customers through a single, uniform
18cents per kilowatt-hour charge applicable to such retail
19customers, which shall appear as a separate line item on each
20such customer's bill.
21    Notwithstanding whether the Commission has approved the
22initial long-term renewable resources procurement plan as of
23June 1, 2017, an electric utility shall place new tariffed
24charges into effect beginning with the June 2017 monthly
25billing period, to the extent practicable, to begin recovering
26the costs of procuring renewable energy resources, as those

 

 

SB2433- 13 -LRB102 17324 SPS 22814 b

1charges are calculated under the limitations described in
2subparagraph (E) of paragraph (1) of subsection (c) of Section
31-75 of the Illinois Power Agency Act. Notwithstanding the
4date on which the utility places such new tariffed charges
5into effect, the utility shall be permitted to collect the
6charges under such tariff as if the tariff had been in effect
7beginning with the first day of the June 2017 monthly billing
8period. For the delivery years commencing June 1, 2017, June
91, 2018, and June 1, 2019, June 1, 2020, and June 1, 2021, the
10electric utility shall deposit into a separate interest
11bearing account of a financial institution the monies
12collected under the tariffed charges. Any interest earned
13shall be credited back to retail customers under the
14reconciliation proceeding provided for in this subsection (k),
15provided that the electric utility shall first be reimbursed
16from the interest for the administrative costs that it incurs
17to administer and manage the account. Any taxes due on the
18funds in the account, or interest earned on it, will be paid
19from the account or, if insufficient monies are available in
20the account, from the monies collected under the tariffed
21charges to recover the costs of procuring renewable energy
22resources. Monies deposited in the account shall be subject to
23the review, reconciliation, and true-up process described in
24this subsection (k) that is applicable to the funds collected
25and costs incurred for the procurement of renewable energy
26resources.

 

 

SB2433- 14 -LRB102 17324 SPS 22814 b

1    The electric utility shall be entitled to recover all of
2the costs identified in this subsection (k) through automatic
3adjustment clause tariffs applicable to all of the utility's
4retail customers that allow the electric utility to adjust its
5tariffed charges consistent with this subsection (k). The
6determination as to whether any excess funds were collected
7during a given delivery year for the purchase of renewable
8energy resources, and the crediting of any excess funds back
9to retail customers, shall not be made until after the close of
10the delivery year, which will ensure that the maximum amount
11of funds is available to implement the approved long-term
12renewable resources procurement plan during a given delivery
13year. The electric utility's collections under such automatic
14adjustment clause tariffs to recover the costs of renewable
15energy resources and zero emission credits from zero emission
16facilities shall be subject to separate annual review,
17reconciliation, and true-up against actual costs by the
18Commission under a procedure that shall be specified in the
19electric utility's automatic adjustment clause tariffs and
20that shall be approved by the Commission in connection with
21its approval of such tariffs. The procedure shall provide that
22any difference between the electric utility's collections
23under the automatic adjustment charges for an annual period
24and the electric utility's actual costs of renewable energy
25resources and zero emission credits from zero emission
26facilities for that same annual period shall be refunded to or

 

 

SB2433- 15 -LRB102 17324 SPS 22814 b

1collected from, as applicable, the electric utility's retail
2customers in subsequent periods.
3    Nothing in this subsection (k) is intended to affect,
4limit, or change the right of the electric utility to recover
5the costs associated with the procurement of renewable energy
6resources for periods commencing before, on, or after June 1,
72017, as otherwise provided in the Illinois Power Agency Act.
8    Notwithstanding anything to the contrary, the Commission
9shall not conduct an annual review, reconciliation, and
10true-up associated with renewable energy resources'
11collections and costs for the delivery years commencing June
121, 2017, June 1, 2018, June 1, 2019, and June 1, 2020, and June
131, 2021, and shall instead conduct a single review,
14reconciliation, and true-up associated with renewable energy
15resources' collections and costs for the 5-year 4-year period
16beginning June 1, 2017 and ending May 31, 2022 2021, provided
17that the review, reconciliation, and true-up shall not be
18initiated until after August 31, 2022 2021. During the 5-year
194-year period, the utility shall be permitted to collect and
20retain funds under this subsection (k) and to purchase
21renewable energy resources under an approved long-term
22renewable resources procurement plan using those funds
23regardless of the delivery year in which the funds were
24collected during the 5-year 4-year period.
25    If the amount of funds collected during the delivery year
26commencing June 1, 2017, exceeds the costs incurred during

 

 

SB2433- 16 -LRB102 17324 SPS 22814 b

1that delivery year, then up to half of this excess amount, as
2calculated on June 1, 2018, may be used to fund the programs
3under subsection (b) of Section 1-56 of the Illinois Power
4Agency Act in the same proportion the programs are funded
5under that subsection (b). However, any amount identified
6under this subsection (k) to fund programs under subsection
7(b) of Section 1-56 of the Illinois Power Agency Act shall be
8reduced if it exceeds the funding shortfall. For purposes of
9this Section, "funding shortfall" means the difference between
10$200,000,000 and the amount appropriated by the General
11Assembly to the Illinois Power Agency Renewable Energy
12Resources Fund during the period that commences on the
13effective date of this amendatory act of the 99th General
14Assembly and ends on August 1, 2018.
15    If the amount of funds collected during the delivery year
16commencing June 1, 2018, exceeds the costs incurred during
17that delivery year, then up to half of this excess amount, as
18calculated on June 1, 2019, may be used to fund the programs
19under subsection (b) of Section 1-56 of the Illinois Power
20Agency Act in the same proportion the programs are funded
21under that subsection (b). However, any amount identified
22under this subsection (k) to fund programs under subsection
23(b) of Section 1-56 of the Illinois Power Agency Act shall be
24reduced if it exceeds the funding shortfall.
25    If the amount of funds collected during the delivery year
26commencing June 1, 2019, exceeds the costs incurred during

 

 

SB2433- 17 -LRB102 17324 SPS 22814 b

1that delivery year, then up to half of this excess amount, as
2calculated on June 1, 2020, may be used to fund the programs
3under subsection (b) of Section 1-56 of the Illinois Power
4Agency Act in the same proportion the programs are funded
5under that subsection (b). However, any amount identified
6under this subsection (k) to fund programs under subsection
7(b) of Section 1-56 of the Illinois Power Agency Act shall be
8reduced if it exceeds the funding shortfall.
9    The funding available under this subsection (k), if any,
10for the programs described under subsection (b) of Section
111-56 of the Illinois Power Agency Act shall not reduce the
12amount of funding for the programs described in subparagraph
13(O) of paragraph (1) of subsection (c) of Section 1-75 of the
14Illinois Power Agency Act. If funding is available under this
15subsection (k) for programs described under subsection (b) of
16Section 1-56 of the Illinois Power Agency Act, then the
17long-term renewable resources plan shall provide for the
18Agency to procure contracts in an amount that does not exceed
19the funding, and the contracts approved by the Commission
20shall be executed by the applicable utility or utilities.
21    (l) A utility that has terminated any contract executed
22under subsection (d-5) of Section 1-75 of the Illinois Power
23Agency Act shall be entitled to recover any remaining balance
24associated with the purchase of zero emission credits prior to
25such termination, and such utility shall also apply a credit
26to its retail customer bills in the event of any

 

 

SB2433- 18 -LRB102 17324 SPS 22814 b

1over-collection.
2        (m)(1) An electric utility that recovers its costs of
3    procuring zero emission credits from zero emission
4    facilities through a cents-per-kilowatthour charge under
5    to subsection (k) of this Section shall be subject to the
6    requirements of this subsection (m). Notwithstanding
7    anything to the contrary, such electric utility shall,
8    beginning on April 30, 2018, and each April 30 thereafter
9    until April 30, 2026, calculate whether any reduction must
10    be applied to such cents-per-kilowatthour charge that is
11    paid by retail customers of the electric utility that are
12    exempt from subsections (a) through (j) of Section 8-103B
13    of this Act under subsection (l) of Section 8-103B. Such
14    charge shall be reduced for such customers for the next
15    delivery year commencing on June 1 based on the amount
16    necessary, if any, to limit the annual estimated average
17    net increase for the prior calendar year due to the future
18    energy investment costs to no more than 1.3% of 5.98 cents
19    per kilowatt-hour, which is the average amount paid per
20    kilowatthour for electric service during the year ending
21    December 31, 2015 by Illinois industrial retail customers,
22    as reported to the Edison Electric Institute.
23        The calculations required by this subsection (m) shall
24    be made only once for each year, and no subsequent rate
25    impact determinations shall be made.
26        (2) For purposes of this Section, "future energy

 

 

SB2433- 19 -LRB102 17324 SPS 22814 b

1    investment costs" shall be calculated by subtracting the
2    cents-per-kilowatthour charge identified in subparagraph
3    (A) of this paragraph (2) from the sum of the
4    cents-per-kilowatthour charges identified in subparagraph
5    (B) of this paragraph (2):
6            (A) The cents-per-kilowatthour charge identified
7        in the electric utility's tariff placed into effect
8        under Section 8-103 of the Public Utilities Act that,
9        on December 1, 2016, was applicable to those retail
10        customers that are exempt from subsections (a) through
11        (j) of Section 8-103B of this Act under subsection (l)
12        of Section 8-103B.
13            (B) The sum of the following
14        cents-per-kilowatthour charges applicable to those
15        retail customers that are exempt from subsections (a)
16        through (j) of Section 8-103B of this Act under
17        subsection (l) of Section 8-103B, provided that if one
18        or more of the following charges has been in effect and
19        applied to such customers for more than one calendar
20        year, then each charge shall be equal to the average of
21        the charges applied over a period that commences with
22        the calendar year ending December 31, 2017 and ends
23        with the most recently completed calendar year prior
24        to the calculation required by this subsection (m):
25                (i) the cents-per-kilowatthour charge to
26            recover the costs incurred by the utility under

 

 

SB2433- 20 -LRB102 17324 SPS 22814 b

1            subsection (d-5) of Section 1-75 of the Illinois
2            Power Agency Act, adjusted for any reductions
3            required under this subsection (m); and
4                (ii) the cents-per-kilowatthour charge to
5            recover the costs incurred by the utility under
6            Section 16-107.6 of the Public Utilities Act.
7            If no charge was applied for a given calendar year
8        under item (i) or (ii) of this subparagraph (B), then
9        the value of the charge for that year shall be zero.
10        (3) If a reduction is required by the calculation
11    performed under this subsection (m), then the amount of
12    the reduction shall be multiplied by the number of years
13    reflected in the averages calculated under subparagraph
14    (B) of paragraph (2) of this subsection (m). Such
15    reduction shall be applied to the cents-per-kilowatthour
16    charge that is applicable to those retail customers that
17    are exempt from subsections (a) through (j) of Section
18    8-103B of this Act under subsection (l) of Section 8-103B
19    beginning with the next delivery year commencing after the
20    date of the calculation required by this subsection (m).
21        (4) The electric utility shall file a notice with the
22    Commission on May 1 of 2018 and each May 1 thereafter until
23    May 1, 2026 containing the reduction, if any, which must
24    be applied for the delivery year which begins in the year
25    of the filing. The notice shall contain the calculations
26    made pursuant to this Section. By October 1 of each year

 

 

SB2433- 21 -LRB102 17324 SPS 22814 b

1    beginning in 2018, each electric utility shall notify the
2    Commission if it appears, based on an estimate of the
3    calculation required in this subsection (m), that a
4    reduction will be required in the next year.
5(Source: P.A. 99-906, eff. 6-1-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.