Full Text of SB2105 95th General Assembly
SB2105sam002 95TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 4/3/2008
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LRB095 19521 MJR 48890 a |
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| AMENDMENT TO SENATE BILL 2105
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| AMENDMENT NO. ______. Amend Senate Bill 2105, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Public Utilities Act is amended by changing | 6 |
| Section 16-115 as follows:
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| (220 ILCS 5/16-115)
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| Sec. 16-115. Certification of alternative retail
electric | 9 |
| suppliers. | 10 |
| (a) Any alternative retail electric supplier must obtain
a | 11 |
| certificate of service authority from the Commission in
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| accordance with this Section before serving any retail
customer | 13 |
| or other user located in this State. An alternative
retail | 14 |
| electric supplier may request, and the Commission may
grant, a | 15 |
| certificate of service authority for the entire State
or for a | 16 |
| specified geographic area of the State.
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LRB095 19521 MJR 48890 a |
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| (b) An alternative retail electric supplier seeking a
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| certificate of service authority shall file with the
Commission | 3 |
| a verified application containing information
showing that the | 4 |
| applicant meets the requirements of this
Section. The | 5 |
| alternative retail electric supplier shall
publish notice of | 6 |
| its application in the official State
newspaper within 10 days | 7 |
| following the date of its filing. No
later than 45 days after | 8 |
| the application is properly filed
with the Commission, and such | 9 |
| notice is published, the
Commission shall issue its order | 10 |
| granting or denying the
application.
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| (c) An application for a certificate of service
authority | 12 |
| shall identify the area or areas in which the
applicant intends | 13 |
| to offer service and the types of services
it intends to offer. | 14 |
| Applicants that seek to serve
residential or small commercial | 15 |
| retail customers within a
geographic area that is smaller than | 16 |
| an electric utility's
service area shall submit evidence | 17 |
| demonstrating that the
designation of this smaller area does | 18 |
| not violate Section 16-115A. An applicant
that seeks to serve | 19 |
| residential or small
commercial retail customers may state in | 20 |
| its application for
certification any limitations that will be | 21 |
| imposed on the
number of customers or maximum load to be | 22 |
| served.
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| (d) The Commission shall grant the application for a
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| certificate of service authority if it makes the findings set
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| forth in this subsection
based on the verified
application and | 26 |
| such other information as the applicant may
submit:
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LRB095 19521 MJR 48890 a |
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| (1) That the applicant possesses sufficient
technical, | 2 |
| financial and managerial resources and
abilities to | 3 |
| provide the service for which it seeks a
certificate of | 4 |
| service authority. In determining the
level of technical, | 5 |
| financial and managerial resources
and abilities which the | 6 |
| applicant must demonstrate, the
Commission shall consider | 7 |
| (i) the characteristics,
including the size and financial | 8 |
| sophistication, of the
customers that the applicant seeks | 9 |
| to serve, and (ii)
whether the applicant seeks to provide | 10 |
| electric power and
energy using property, plant and | 11 |
| equipment which it owns,
controls or operates . An applicant | 12 |
| may demonstrate satisfactory financial qualifications by | 13 |
| providing a copy of a Dun & Bradstreet Information Report | 14 |
| that demonstrates, at a minimum, that and applicant has a | 15 |
| Composite Credit Appraisal of 3 or lower and a PAYDEX score | 16 |
| of 70 or higher. If the applicant does not have a Dun & | 17 |
| Bradstreet Composite Credit Appraisal, then the applicant | 18 |
| may provide a copy of an Experian Small Business | 19 |
| Intelliscore report that demonstrates, at a minimum, that | 20 |
| the applicant has an Intelliscore of 63 or higher. At the | 21 |
| time of application for either certification or | 22 |
| recertification, the report shall be no more than 30 days | 23 |
| old. This method of demonstrating financial qualification | 24 |
| shall be in addition to any other method adopted by the | 25 |
| Commission ;
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| (2) That the applicant will comply with all
applicable |
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LRB095 19521 MJR 48890 a |
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| federal, State, regional and industry rules,
policies, | 2 |
| practices and procedures for the use,
operation, and | 3 |
| maintenance of the safety, integrity and
reliability, of | 4 |
| the interconnected electric transmission
system;
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| (3) That the applicant will only provide service to
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| retail customers in an electric utility's service area
that | 7 |
| are eligible to take delivery services under this
Act;
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| (4) That the applicant will comply with such
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| informational or reporting requirements as the Commission
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| may by rule establish and provide the information required | 11 |
| by Section 16-112.
Any data related to
contracts for the | 12 |
| purchase and sale of electric power and
energy shall be | 13 |
| made available for review by the Staff of
the Commission on | 14 |
| a confidential and proprietary basis
and only to the extent | 15 |
| and for the purposes which the
Commission determines are | 16 |
| reasonably necessary in order
to carry out the purposes of | 17 |
| this Act;
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| (5) (Blank);
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| (6) With respect to an applicant that seeks to serve
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| residential or small commercial retail customers, that
the | 21 |
| area to be served by the applicant and any
limitations it | 22 |
| proposes on the number of customers or
maximum amount of | 23 |
| load to be served meet the provisions
of Section 16-115A, | 24 |
| provided, that the Commission can
extend the time for | 25 |
| considering such a certificate
request by up to 90 days, | 26 |
| and can schedule hearings on
such a request;
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LRB095 19521 MJR 48890 a |
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| (7) That the applicant meets the requirements of | 2 |
| subsection (a) of Section
16-128; and
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| (8) That the applicant will comply with all other
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| applicable laws and regulations.
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| (e) A retail customer that owns a cogeneration or | 6 |
| self-generation facility
and that seeks certification only to
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| 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
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| 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.
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| (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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| 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
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| demands of one megawatt or more which shall provide for (i)
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| 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.
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| (Source: P.A. 95-130, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
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