Full Text of SB1446 99th General Assembly
SB1446enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning utilities.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 16-115 and 19-110 as follows:
| 6 | | (220 ILCS 5/16-115)
| 7 | | Sec. 16-115. Certification of alternative retail
electric | 8 | | suppliers. | 9 | | (a) Any alternative retail electric supplier must obtain
a | 10 | | certificate of service authority from the Commission in
| 11 | | accordance with this Section before serving any retail
customer | 12 | | or other user located in this State. An alternative
retail | 13 | | electric supplier may request, and the Commission may
grant, a | 14 | | certificate of service authority for the entire State
or for a | 15 | | specified geographic area of the State.
| 16 | | (b) An alternative retail electric supplier seeking a
| 17 | | certificate of service authority shall file with the
Commission | 18 | | a verified application containing information
showing that the | 19 | | applicant meets the requirements of this
Section. The | 20 | | alternative retail electric supplier shall
publish notice of | 21 | | its application in the official State
newspaper within 10 days | 22 | | following the date of its filing. No
later than 45 days after | 23 | | the application is properly filed
with the Commission, and such |
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| 1 | | notice is published, the
Commission shall issue its order | 2 | | granting or denying the
application.
| 3 | | (c) An application for a certificate of service
authority | 4 | | shall identify the area or areas in which the
applicant intends | 5 | | to offer service and the types of services
it intends to offer. | 6 | | Applicants that seek to serve
residential or small commercial | 7 | | retail customers within a
geographic area that is smaller than | 8 | | an electric utility's
service area shall submit evidence | 9 | | demonstrating that the
designation of this smaller area does | 10 | | not violate Section 16-115A. An applicant
that seeks to serve | 11 | | residential or small
commercial retail customers may state in | 12 | | its application for
certification any limitations that will be | 13 | | imposed on the
number of customers or maximum load to be | 14 | | served.
| 15 | | (d) The Commission shall grant the application for a
| 16 | | certificate of service authority if it makes the findings set
| 17 | | forth in this subsection
based on the verified
application and | 18 | | such other information as the applicant may
submit:
| 19 | | (1) That the applicant possesses sufficient
technical, | 20 | | financial and managerial resources and
abilities to | 21 | | provide the service for which it seeks a
certificate of | 22 | | service authority. In determining the
level of technical, | 23 | | financial and managerial resources
and abilities which the | 24 | | applicant must demonstrate, the
Commission shall consider | 25 | | (i) the characteristics,
including the size and financial | 26 | | sophistication, of the
customers that the applicant seeks |
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| 1 | | to serve, and (ii)
whether the applicant seeks to provide | 2 | | electric power and
energy using property, plant and | 3 | | equipment which it owns,
controls or operates;
| 4 | | (2) That the applicant will comply with all
applicable | 5 | | federal, State, regional and industry rules,
policies, | 6 | | practices and procedures for the use,
operation, and | 7 | | maintenance of the safety, integrity and
reliability, of | 8 | | the interconnected electric transmission
system;
| 9 | | (3) That the applicant will only provide service to
| 10 | | retail customers in an electric utility's service area
that | 11 | | are eligible to take delivery services under this
Act;
| 12 | | (4) That the applicant will comply with such
| 13 | | informational or reporting requirements as the Commission
| 14 | | may by rule establish and provide the information required | 15 | | by Section 16-112.
Any data related to
contracts for the | 16 | | purchase and sale of electric power and
energy shall be | 17 | | made available for review by the Staff of
the Commission on | 18 | | a confidential and proprietary basis
and only to the extent | 19 | | and for the purposes which the
Commission determines are | 20 | | reasonably necessary in order
to carry out the purposes of | 21 | | this Act;
| 22 | | (5) That the applicant will procure renewable energy | 23 | | resources in accordance with Section 16-115D of this Act, | 24 | | and will source electricity from clean coal facilities, as | 25 | | defined in Section 1-10 of the Illinois Power Agency Act, | 26 | | in amounts at least equal to the percentages set forth in |
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| 1 | | subsections (c) and (d) of Section 1-75 of the Illinois | 2 | | Power Agency Act. For purposes of this Section:
| 3 | | (i) (Blank); | 4 | | (ii) (Blank); | 5 | | (iii) the required sourcing of electricity | 6 | | generated by clean coal facilities, other than the | 7 | | initial clean coal facility, shall be limited to the | 8 | | amount of electricity that can be procured or sourced | 9 | | at a price at or below the benchmarks approved by the | 10 | | Commission each year in accordance with item (1) of | 11 | | subsection (c) and items (1) and (5) of subsection (d) | 12 | | of Section 1-75 of the Illinois Power Agency Act; | 13 | | (iv) all alternative retail electric suppliers | 14 | | shall execute a sourcing agreement to source | 15 | | electricity from the initial clean coal facility, on | 16 | | the terms set forth in paragraphs (3) and (4) of | 17 | | subsection (d) of Section 1-75 of the Illinois Power | 18 | | Agency Act, except that in lieu of the requirements in | 19 | | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | 20 | | paragraph (3) of that subsection (d), the applicant | 21 | | shall execute one or more of the following: | 22 | | (1) if the sourcing agreement is a power | 23 | | purchase agreement, a contract with the initial | 24 | | clean coal facility to purchase in each hour an | 25 | | amount of electricity equal to all clean coal | 26 | | energy made available from the initial clean coal |
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| 1 | | facility during such hour, which the utilities are | 2 | | not required to procure under the terms of | 3 | | subsection (d) of Section 1-75 of the Illinois | 4 | | Power Agency Act, multiplied by a fraction, the | 5 | | numerator of which is the alternative retail | 6 | | electric supplier's retail market sales of | 7 | | electricity (expressed in kilowatthours sold) in | 8 | | the State during the prior calendar month and the | 9 | | denominator of which is the total sales of | 10 | | electricity (expressed in kilowatthours sold) in | 11 | | the State by alternative retail electric suppliers | 12 | | during such prior month that are subject to the | 13 | | requirements of this paragraph (5) of subsection | 14 | | (d) of this Section and subsection (d) of Section | 15 | | 1-75 of the Illinois Power Agency Act plus the | 16 | | total sales of electricity (expressed in | 17 | | kilowatthours sold) by utilities outside of their | 18 | | service areas during such prior month, pursuant to | 19 | | subsection (c) of Section 16-116 of this Act; or | 20 | | (2) if the sourcing agreement is a contract for | 21 | | differences, a contract with the initial clean | 22 | | coal facility in each hour with respect to an | 23 | | amount of electricity equal to all clean coal | 24 | | energy made available from the initial clean coal | 25 | | facility during such hour, which the utilities are | 26 | | not required to procure under the terms of |
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| 1 | | subsection (d) of Section 1-75 of the Illinois | 2 | | Power Agency Act, multiplied by a fraction, the | 3 | | numerator of which is the alternative retail | 4 | | electric supplier's retail market sales of | 5 | | electricity (expressed in kilowatthours sold) in | 6 | | the State during the prior calendar month and the | 7 | | denominator of which is the total sales of | 8 | | electricity (expressed in kilowatthours sold) in | 9 | | the State by alternative retail electric suppliers | 10 | | during such prior month that are subject to the | 11 | | requirements of this paragraph (5) of subsection | 12 | | (d) of this Section and subsection (d) of Section | 13 | | 1-75 of the Illinois Power Agency Act plus the | 14 | | total sales of electricity (expressed in | 15 | | kilowatthours sold) by utilities outside of their | 16 | | service areas during such prior month, pursuant to | 17 | | subsection (c) of Section 16-116 of this Act; | 18 | | (v) if, in any year after the first year of | 19 | | commercial operation, the owner of the clean coal | 20 | | facility fails to demonstrate to the Commission that | 21 | | the initial clean coal facility captured and | 22 | | sequestered at least 50% of the total carbon emissions | 23 | | that the facility would otherwise emit or that | 24 | | sequestration of emissions from prior years has | 25 | | failed, resulting in the release of carbon into the | 26 | | atmosphere, the owner of the facility must offset |
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| 1 | | excess emissions. Any such carbon offsets must be | 2 | | permanent, additional, verifiable, real, located | 3 | | within the State of Illinois, and legally and | 4 | | practicably enforceable. The costs of any such offsets | 5 | | that are not recoverable shall not exceed $15 million | 6 | | in any given year. No costs of any such purchases of | 7 | | carbon offsets may be recovered from an alternative | 8 | | retail electric supplier or its customers. All carbon | 9 | | offsets purchased for this purpose and any carbon | 10 | | emission credits associated with sequestration of | 11 | | carbon from the facility must be permanently retired. | 12 | | The initial clean coal facility shall not forfeit its | 13 | | designation as a clean coal facility if the facility | 14 | | fails to fully comply with the applicable carbon | 15 | | sequestration requirements in any given year, provided | 16 | | the requisite offsets are purchased. However, the | 17 | | Attorney General, on behalf of the People of the State | 18 | | of Illinois, may specifically enforce the facility's | 19 | | sequestration requirement and the other terms of this | 20 | | contract provision. Compliance with the sequestration | 21 | | requirements and offset purchase requirements that | 22 | | apply to the initial clean coal facility shall be | 23 | | reviewed annually by an independent expert retained by | 24 | | the owner of the initial clean coal facility, with the | 25 | | advance written approval of the Attorney General; | 26 | | (vi) The Commission shall, after notice and |
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| 1 | | hearing, revoke the certification of any alternative | 2 | | retail electric supplier that fails to execute a | 3 | | sourcing agreement with the initial clean coal | 4 | | facility as required by item (5) of subsection (d) of | 5 | | this Section. The sourcing agreements with this | 6 | | initial clean coal facility shall be subject to both | 7 | | approval of the initial clean coal facility by the | 8 | | General Assembly and satisfaction of the requirements | 9 | | of item (4) of subsection (d) of Section 1-75 of the | 10 | | Illinois Power Agency Act, and shall be executed within | 11 | | 90 days after any such approval by the General | 12 | | Assembly. The Commission shall not accept an | 13 | | application for certification from an alternative | 14 | | retail electric supplier that has lost certification | 15 | | under this subsection (d), or any corporate affiliate | 16 | | thereof, for at least one year from the date of | 17 | | revocation;
| 18 | | (6) With respect to an applicant that seeks to serve
| 19 | | residential or small commercial retail customers, that
the | 20 | | area to be served by the applicant and any
limitations it | 21 | | proposes on the number of customers or
maximum amount of | 22 | | load to be served meet the provisions
of Section 16-115A, | 23 | | provided, that the Commission can
extend the time for | 24 | | considering such a certificate
request by up to 90 days, | 25 | | and can schedule hearings on
such a request;
| 26 | | (7) That the applicant meets the requirements of |
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| 1 | | subsection (a) of Section
16-128; and
| 2 | | (8) That the applicant will comply with all other
| 3 | | applicable laws and regulations.
| 4 | | (d-5) (Blank). | 5 | | (e) A retail customer that owns a cogeneration or | 6 | | self-generation facility
and that seeks certification only to
| 7 | | provide electric power and energy from such facility to
retail | 8 | | customers at separate locations which customers are
both (i) | 9 | | owned by, or a subsidiary or other corporate
affiliate of, such | 10 | | applicant and
(ii) eligible for delivery services, shall be | 11 | | granted a
certificate of service authority upon filing an | 12 | | application
and notifying the Commission that it has entered | 13 | | into an
agreement with the relevant electric utilities pursuant | 14 | | to
Section 16-118.
Provided, however, that if the retail | 15 | | customer owning such cogeneration or
self-generation facility | 16 | | would not be charged a transition charge due to the
exemption | 17 | | provided under subsection (f) of Section 16-108 prior to the
| 18 | | certification, and the retail customers at separate locations | 19 | | are taking
delivery services in conjunction with purchasing | 20 | | power and energy from the
facility, the retail customer on | 21 | | whose premises the facility is located shall
not thereafter be | 22 | | required to pay transition charges on the power and energy
that | 23 | | such retail customer takes from the facility.
| 24 | | (f) The Commission shall have the authority to
promulgate | 25 | | rules and regulations to carry out the provisions
of this | 26 | | Section. On or before May 1, 1999, the Commission
shall adopt a |
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| 1 | | rule or rules applicable to the certification of
those | 2 | | alternative retail electric suppliers that seek to serve
only | 3 | | nonresidential retail customers with maximum electrical
| 4 | | demands of one megawatt or more which shall provide for (i)
| 5 | | expedited and streamlined procedures
for certification of such | 6 | | alternative
retail electric suppliers and (ii) specific | 7 | | criteria which,
if met by any such alternative retail electric | 8 | | supplier, shall
constitute the demonstration of technical, | 9 | | financial and
managerial resources and abilities to provide | 10 | | service required
by subsection (d) (1) of this Section, such as | 11 | | a requirement
to post a bond or letter of credit, from a | 12 | | responsible surety
or financial institution, of sufficient | 13 | | size for the nature
and scope of the services to be provided; | 14 | | demonstration of
adequate insurance for the scope and nature of | 15 | | the services to
be provided; and experience in providing | 16 | | similar services in
other jurisdictions.
| 17 | | (g) An alternative retail electric supplier may seek | 18 | | confidential treatment for the following information by filing | 19 | | an affidavit with the Commission so long as the affidavit meets | 20 | | the requirements in this subsection (g): | 21 | | (1) the total annual kilowatt-hours delivered and sold | 22 | | by an alternative retail electric supplier to retail | 23 | | customers within each utility service territory and the | 24 | | total annual kilowatt-hours delivered and sold by an | 25 | | alternative retail electric supplier to retail customers | 26 | | in all utility service territories in the preceding |
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| 1 | | calendar year as required by 83 Ill. Adm. Code 451.770; | 2 | | (2) the total peak demand supplied by an alternative | 3 | | retail electric supplier during the previous year in each | 4 | | utility service territory as required by 83 Ill. Adm. Code | 5 | | 465.40; | 6 | | (3) a good faith estimate of the amount an alternative | 7 | | retail electric supplier expects to be obliged to pay the | 8 | | utility under single billing tariffs during the next 12 | 9 | | months and the amount of any bond or letter of credit used | 10 | | to demonstrate an alternative retail electric supplier's | 11 | | credit worthiness to provide single billing services | 12 | | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | 13 | | The affidavit must be filed contemporaneously with the | 14 | | information for which confidential treatment is sought and must | 15 | | clearly state that the affiant seeks confidential treatment | 16 | | pursuant to this subsection (g) and the information for which | 17 | | confidential treatment is sought must be clearly identified on | 18 | | the confidential version of the document filed with the | 19 | | Commission. The affidavit must be accompanied by a | 20 | | "confidential" and a "public" version of the document or | 21 | | documents containing the information for which confidential | 22 | | treatment is sought. | 23 | | If the alternative retail electric supplier has met the | 24 | | affidavit requirements of this subsection (g), then the | 25 | | Commission shall afford confidential treatment to the | 26 | | information identified in the affidavit for a period of 2 years |
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| 1 | | after the date the affidavit is received by the Commission. | 2 | | Nothing in this subsection (g) prevents an alternative | 3 | | retail electric supplier from filing a petition with the | 4 | | Commission seeking confidential treatment for information | 5 | | beyond that identified in this subsection (g) or for | 6 | | information contained in other reports or documents filed with | 7 | | the Commission. | 8 | | Nothing in this subsection (g) prevents the Commission, on | 9 | | its own motion, or any party from filing a formal petition with | 10 | | the Commission seeking to reconsider the conferring of | 11 | | confidential status on an item of information afforded | 12 | | confidential treatment pursuant to this subsection (g). | 13 | | The Commission, on its own motion, may at any time initiate | 14 | | a docketed proceeding to investigate the continued | 15 | | applicability of this subsection (g) to the information | 16 | | contained in items (i), (ii), and (iii) of this subsection (g). | 17 | | If, at the end of such investigation, the Commission determines | 18 | | that a particular item of information should no longer be | 19 | | eligible for the affidavit-based process outlined in this | 20 | | subsection (g), the Commission may enter an order to remove | 21 | | that item from the list of items eligible for the process set | 22 | | forth in this subsection (g). Notwithstanding any such order, | 23 | | in the event the Commission makes such a determination, nothing | 24 | | in this subsection (g) prevents an alternative retail electric | 25 | | supplier desiring confidential treatment for such information | 26 | | from filing a formal petition with the Commission seeking |
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| 1 | | confidential treatment for such information. | 2 | | (Source: P.A. 95-130, eff. 1-1-08; 95-1027, eff. 6-1-09; | 3 | | 96-159, eff. 8-10-09.)
| 4 | | (220 ILCS 5/19-110)
| 5 | | Sec. 19-110. Certification of alternative gas suppliers.
| 6 | | (a) The provisions of this Section shall apply only to | 7 | | alternative gas
suppliers
serving or seeking to serve | 8 | | residential or small commercial customers and
only to the | 9 | | extent such
alternative gas suppliers provide services to | 10 | | residential or small
commercial customers.
| 11 | | (b) An alternative gas supplier must obtain a certificate | 12 | | of service
authority from the Commission in accordance with | 13 | | this Section before serving
any customer or other user located | 14 | | in this State. An alternative gas supplier
may request, and the | 15 | | Commission may grant, a certificate of service authority
for | 16 | | the entire State or for a specified geographic area of the | 17 | | State. A
person, corporation, or other entity acting as an | 18 | | alternative gas supplier on
the effective date of this | 19 | | amendatory Act of the 92nd General Assembly shall
have 180 days | 20 | | from the effective date of this amendatory Act of the 92nd
| 21 | | General Assembly to comply with the requirements of this | 22 | | Section in order to
continue to operate as an alternative gas | 23 | | supplier.
| 24 | | (c) An alternative gas supplier seeking a certificate of | 25 | | service authority
shall
file with the Commission a verified |
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| 1 | | application containing information showing
that the
applicant | 2 | | meets the requirements of this Section. The alternative gas | 3 | | supplier
shall
publish notice of its application in the | 4 | | official State newspaper within 10
days following
the date of | 5 | | its filing. No later than 45 days after the application is
| 6 | | properly filed with the
Commission, and such notice is | 7 | | published, the Commission shall issue its order
granting or | 8 | | denying the application.
| 9 | | (d) An application for a certificate of service authority | 10 | | shall identify the
area or
areas in which the applicant intends | 11 | | to offer service and the types of services
it intends
to offer. | 12 | | Applicants that seek to serve residential or small commercial
| 13 | | customers within a
geographic area that is smaller than a gas | 14 | | utility's service area shall submit
evidence demonstrating | 15 | | that the designation of this smaller area does not
violate | 16 | | Section 19-115. An
applicant may
state in its application for | 17 | | certification any limitations that will be imposed
on the | 18 | | number
of customers or maximum load to be served. The applicant | 19 | | shall submit as part of its application a statement indicating:
| 20 | | (1) Whether the applicant has been denied a natural gas | 21 | | supplier license in any state in the United States. | 22 | | (2) Whether the applicant has had a natural gas | 23 | | supplier license suspended or revoked by any state in the | 24 | | United States. | 25 | | (3) Where, if any, other natural gas supplier license | 26 | | applications are pending in the United States. |
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| 1 | | (4) Whether the applicant is the subject of any | 2 | | lawsuits filed in a court of law or formal complaints filed | 3 | | with a regulatory agency alleging fraud, deception or | 4 | | unfair marketing practices, or other similar allegations, | 5 | | identifying the name, case number, and jurisdiction of each | 6 | | such lawsuit or complaint. | 7 | | For the purposes of this subsection (d), formal complaints | 8 | | include only those complaints that seek a binding determination | 9 | | from a state or federal regulatory body. | 10 | | (e) The Commission shall grant the application for a | 11 | | certificate of service
authority if it makes the findings set | 12 | | forth in this subsection based on the
verified
application and | 13 | | such other information as the applicant may submit.
| 14 | | (1) That the applicant possesses sufficient technical, | 15 | | financial, and
managerial resources and abilities to | 16 | | provide the service for which it
seeks a certificate of | 17 | | service authority. In determining the level of
technical, | 18 | | financial, and managerial resources and abilities which | 19 | | the
applicant must demonstrate, the Commission shall | 20 | | consider:
| 21 | | (A) the characteristics, including the size and | 22 | | financial sophistication of the
customers that the | 23 | | applicant seeks to serve; | 24 | | (B) whether the
applicant seeks to provide gas | 25 | | using property, plant, and equipment that it
owns, | 26 | | controls, or operates; and |
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| 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 and the applicant's sales agents |
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| 1 | | will comply with all other applicable laws and
rules.
| 2 | | (f) The Commission can extend the time for considering such | 3 | | a certificate request by up to 90 days, and can schedule | 4 | | hearings on such a request if: | 5 | | (1) a party to the application proceeding has formally | 6 | | requested that the Commission hold hearings in a pleading | 7 | | that alleges that one or more of the allegations or | 8 | | certifications in the application is false or misleading; | 9 | | or | 10 | | (2) other facts or circumstances exist that will | 11 | | necessitate additional time or evidence in order to | 12 | | determine whether a certificate should be issued. | 13 | | (g) The Commission shall have the authority to promulgate | 14 | | rules
to carry out the provisions of this Section. Within 30 | 15 | | days after the
effective date of this amendatory Act of the | 16 | | 92nd General Assembly, the
Commission shall adopt an emergency | 17 | | rule or rules applicable to the
certification of those gas | 18 | | suppliers that seek to serve residential customers.
Within 180 | 19 | | days of
the effective
date of this amendatory Act of the 92nd | 20 | | General Assembly, the Commission shall
adopt
rules that specify | 21 | | criteria which, if met by any such alternative gas
supplier, | 22 | | shall
constitute the demonstration of technical, financial, | 23 | | and managerial resources
and
abilities to provide service | 24 | | required by item (1) of subsection (e) of this
Section,
such as | 25 | | a
requirement to post a bond or letter of credit, from a | 26 | | responsible surety or
financial
institution, of sufficient |
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| 1 | | size for the nature and scope of the services to be
provided,
| 2 | | demonstration of adequate insurance for the scope and nature of | 3 | | the services to
be
provided, and experience in providing | 4 | | similar services in other
jurisdictions.
| 5 | | (h) The Commission may deny with prejudice any application | 6 | | that repeatedly fails to include the attachments, | 7 | | documentation, and affidavits required by the application form | 8 | | or that repeatedly fails to provide any other information | 9 | | required by this Section. | 10 | | (i) An alternative gas supplier may seek confidential | 11 | | treatment for the reporting to the Commission of its total | 12 | | annual dekatherms delivered and sold by it to residential and | 13 | | small commercial customers by utility service territory during | 14 | | the preceding year via the filing of an affidavit with the | 15 | | Commission so long as the affidavit meets the requirements of | 16 | | this subsection (i).
The affidavit must be filed | 17 | | contemporaneously with the information for which confidential | 18 | | treatment is sought and must clearly state that the affiant | 19 | | seeks confidential treatment pursuant to this subsection (i) | 20 | | and the information for which confidential treatment is sought | 21 | | must be clearly identified on the confidential version of the | 22 | | document filed with the Commission. The affidavit must be | 23 | | accompanied by both a "confidential" and a "public" version of | 24 | | the document or documents containing the information for which | 25 | | confidential treatment is sought. | 26 | | If the alternative gas supplier has met the affidavit |
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| 1 | | requirements of this subsection (i), then the Commission shall | 2 | | afford confidential treatment to the information identified in | 3 | | the affidavit for a period of 2 years after the date the | 4 | | affidavit is received by the Commission. | 5 | | Nothing in this subsection (i) prevents an alternative gas | 6 | | supplier from filing a petition with the Commission seeking | 7 | | confidential treatment for information beyond that identified | 8 | | in this subsection (i) or for information contained in other | 9 | | reports or documents filed with the Commission. | 10 | | Nothing in this subsection (i) prevents the Commission, on | 11 | | its own motion, or any party from filing a formal petition with | 12 | | the Commission seeking to reconsider the conferring of | 13 | | confidential status pursuant to this subsection (i). | 14 | | The Commission, on its own motion, may at any time initiate | 15 | | a docketed proceeding to investigate the continued | 16 | | applicability of this affidavit-based process for seeking | 17 | | confidential treatment. If, at the end of such investigation, | 18 | | the Commission determines that this affidavit-based process | 19 | | for seeking confidential treatment for the information is no | 20 | | longer necessary, the Commission may enter an order to that | 21 | | effect. Notwithstanding any such order, in the event the | 22 | | Commission makes such a determination, nothing in this | 23 | | subsection (i) prevents an alternative gas supplier desiring | 24 | | confidential treatment for such information from filing a | 25 | | formal petition with the Commission seeking confidential | 26 | | treatment for such information. |
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| 1 | | (Source: P.A. 95-1051, eff. 4-10-09.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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