Full Text of HB1534 98th General Assembly
HB1534 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1534 Introduced , by Rep. Michael Unes SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Provides that a customer that has not already been approved by the Department of Commerce and Economic Opportunity may apply to be designated a self-directing customer or exempt customer that uses natural gas as a feedstock between September 1, 2013 and September 20, 2013, on a form approved by the Department. Provides that customer applications that are approved by the Department shall be considered to be a self-directing customer or exempt customer for the current 3-year planning period effective December 1, 2013. Effective immediately.
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| | A BILL FOR |
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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 | | Section 8-104 as follows: | 6 | | (220 ILCS 5/8-104)
| 7 | | Sec. 8-104. Natural gas energy efficiency programs. | 8 | | (a) It is the policy of the State that natural gas | 9 | | utilities and the Department of Commerce and Economic | 10 | | Opportunity are required to use cost-effective energy | 11 | | efficiency to reduce direct and indirect costs to consumers. It | 12 | | serves the public interest to allow natural gas utilities to | 13 | | recover costs for reasonably and prudently incurred expenses | 14 | | for cost-effective energy efficiency measures. | 15 | | (b) For purposes of this Section, "energy efficiency" means | 16 | | measures that reduce the amount of energy required to achieve a | 17 | | given end use and "cost-effective" means that the measures | 18 | | satisfy the total resource cost test which, for purposes of | 19 | | this Section, means a standard that is met if, for an | 20 | | investment in energy efficiency, the benefit-cost ratio is | 21 | | greater than one. The benefit-cost ratio is the ratio of the | 22 | | net present value of the total benefits of the measures to the | 23 | | net present value of the total costs as calculated over the |
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| 1 | | lifetime of the measures. The total resource cost test compares | 2 | | the sum of avoided natural gas utility costs, representing the | 3 | | benefits that accrue to the system and the participant in the | 4 | | delivery of those efficiency measures, as well as other | 5 | | quantifiable societal benefits, including avoided electric | 6 | | utility costs, to the sum of all incremental costs of end use | 7 | | measures (including both utility and participant | 8 | | contributions), plus costs to administer, deliver, and | 9 | | evaluate each demand-side measure, to quantify the net savings | 10 | | obtained by substituting demand-side measures for supply | 11 | | resources. In calculating avoided costs, reasonable estimates | 12 | | shall be included for financial costs likely to be imposed by | 13 | | future regulation of emissions of greenhouse gases. The | 14 | | low-income programs described in item (4) of subsection (f) of | 15 | | this Section shall not be required to meet the total resource | 16 | | cost test. | 17 | | (c) Natural gas utilities shall implement cost-effective | 18 | | energy efficiency measures to meet at least the following | 19 | | natural gas savings requirements, which shall be based upon the | 20 | | total amount of gas delivered to retail customers, other than | 21 | | the customers described in subsection (m) of this Section, | 22 | | during calendar year 2009 multiplied by the applicable | 23 | | percentage. Natural gas utilities may comply with this Section | 24 | | by meeting the annual incremental savings goal in the | 25 | | applicable year or by showing that total savings associated | 26 | | with measures implemented after May 31, 2011 were equal to the |
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| 1 | | sum of each annual incremental savings requirement from May 31, | 2 | | 2011 through the end of the applicable year: | 3 | | (1) 0.2% by May 31, 2012; | 4 | | (2) an additional 0.4% by May 31, 2013, increasing | 5 | | total savings to .6%; | 6 | | (3) an additional 0.6% by May 31, 2014, increasing | 7 | | total savings to 1.2%; | 8 | | (4) an additional 0.8% by May 31, 2015, increasing | 9 | | total savings to 2.0%; | 10 | | (5) an additional 1% by May 31, 2016, increasing total | 11 | | savings to 3.0%; | 12 | | (6) an additional 1.2% by May 31, 2017, increasing | 13 | | total savings to 4.2%; | 14 | | (7) an additional 1.4% by May 31, 2018, increasing | 15 | | total savings to 5.6%; | 16 | | (8) an additional 1.5% by May 31, 2019, increasing | 17 | | total savings to 7.1%; and | 18 | | (9) an additional 1.5% in each 12-month period | 19 | | thereafter. | 20 | | (d) Notwithstanding the requirements of subsection (c) of | 21 | | this Section, a natural gas utility shall limit the amount of | 22 | | energy efficiency implemented in any 3-year reporting period | 23 | | established by subsection (f) of Section 8-104 of this Act, by | 24 | | an amount necessary to limit the estimated average increase in | 25 | | the amounts paid by retail customers in connection with natural | 26 | | gas service to no more than 2% in the applicable 3-year |
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| 1 | | reporting period. The energy savings requirements in | 2 | | subsection (c) of this Section may be reduced by the Commission | 3 | | for the subject plan, if the utility demonstrates by | 4 | | substantial evidence that it is highly unlikely that the | 5 | | requirements could be achieved without exceeding the | 6 | | applicable spending limits in any 3-year reporting period. No | 7 | | later than September 1, 2013, the Commission shall review the | 8 | | limitation on the amount of energy efficiency measures | 9 | | implemented pursuant to this Section and report to the General | 10 | | Assembly, in the report required by subsection (k) of this | 11 | | Section, its findings as to whether that limitation unduly | 12 | | constrains the procurement of energy efficiency measures. | 13 | | (e) Natural gas utilities shall be responsible for | 14 | | overseeing the design, development, and filing of their | 15 | | efficiency plans with the Commission. The utility shall utilize | 16 | | 75% of the available funding associated with energy efficiency | 17 | | programs approved by the Commission, and may outsource various | 18 | | aspects of program development and implementation. The | 19 | | remaining 25% of available funding shall be used by the | 20 | | Department of Commerce and Economic Opportunity to implement | 21 | | energy efficiency measures that achieve no less than 20% of the | 22 | | requirements of subsection (c) of this Section. Such measures | 23 | | shall be designed in conjunction with the utility and approved | 24 | | by the Commission. The Department may outsource development and | 25 | | implementation of energy efficiency measures. A minimum of 10% | 26 | | of the entire portfolio of cost-effective energy efficiency |
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| 1 | | measures shall be procured from local government, municipal | 2 | | corporations, school districts, and community college | 3 | | districts. Five percent of the entire portfolio of | 4 | | cost-effective energy efficiency measures may be granted to | 5 | | local government and municipal corporations for market | 6 | | transformation initiatives. The Department shall coordinate | 7 | | the implementation of these measures and shall integrate | 8 | | delivery of natural gas efficiency programs with electric | 9 | | efficiency programs delivered pursuant to Section 8-103 of this | 10 | | Act, unless the Department can show that integration is not | 11 | | feasible. | 12 | | The apportionment of the dollars to cover the costs to | 13 | | implement the Department's share of the portfolio of energy | 14 | | efficiency measures shall be made to the Department once the | 15 | | Department has executed rebate agreements, grants, or | 16 | | contracts for energy efficiency measures and provided | 17 | | supporting documentation for those rebate agreements, grants, | 18 | | and contracts to the utility. The Department is authorized to | 19 | | adopt any rules necessary and prescribe procedures in order to | 20 | | ensure compliance by applicants in carrying out the purposes of | 21 | | rebate agreements for energy efficiency measures implemented | 22 | | by the Department made under this Section. | 23 | | The details of the measures implemented by the Department | 24 | | shall be submitted by the Department to the Commission in | 25 | | connection with the utility's filing regarding the energy | 26 | | efficiency measures that the utility implements. |
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| 1 | | A utility providing approved energy efficiency measures in | 2 | | this State shall be permitted to recover costs of those | 3 | | measures through an automatic adjustment clause tariff filed | 4 | | with and approved by the Commission. The tariff shall be | 5 | | established outside the context of a general rate case and | 6 | | shall be applicable to the utility's customers other than the | 7 | | customers described in subsection (m) of this Section. Each | 8 | | year the Commission shall initiate a review to reconcile any | 9 | | amounts collected with the actual costs and to determine the | 10 | | required adjustment to the annual tariff factor to match annual | 11 | | expenditures. | 12 | | Each utility shall include, in its recovery of costs, the | 13 | | costs estimated for both the utility's and the Department's | 14 | | implementation of energy efficiency measures. Costs collected | 15 | | by the utility for measures implemented by the Department shall | 16 | | be submitted to the Department pursuant to Section 605-323 of | 17 | | the Civil Administrative Code of Illinois, shall be deposited | 18 | | into the Energy Efficiency Portfolio Standards Fund, and shall | 19 | | be used by the Department solely for the purpose of | 20 | | implementing these measures. A utility shall not be required to | 21 | | advance any moneys to the Department but only to forward such | 22 | | funds as it has collected. The Department shall report to the | 23 | | Commission on an annual basis regarding the costs actually | 24 | | incurred by the Department in the implementation of the | 25 | | measures. Any changes to the costs of energy efficiency | 26 | | measures as a result of plan modifications shall be |
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| 1 | | appropriately reflected in amounts recovered by the utility and | 2 | | turned over to the Department. | 3 | | The portfolio of measures, administered by both the | 4 | | utilities and the Department, shall, in combination, be | 5 | | designed to achieve the annual energy savings requirements set | 6 | | forth in subsection (c) of this Section, as modified by | 7 | | subsection (d) of this Section. | 8 | | The utility and the Department shall agree upon a | 9 | | reasonable portfolio of measures and determine the measurable | 10 | | corresponding percentage of the savings goals associated with | 11 | | measures implemented by the Department. | 12 | | No utility shall be assessed a penalty under subsection (f) | 13 | | of this Section for failure to make a timely filing if that | 14 | | failure is the result of a lack of agreement with the | 15 | | Department with respect to the allocation of responsibilities | 16 | | or related costs or target assignments. In that case, the | 17 | | Department and the utility shall file their respective plans | 18 | | with the Commission and the Commission shall determine an | 19 | | appropriate division of measures and programs that meets the | 20 | | requirements of this Section. | 21 | | If the Department is unable to meet performance | 22 | | requirements for the portion of the portfolio implemented by | 23 | | the Department, then the utility and the Department shall | 24 | | jointly submit a modified filing to the Commission explaining | 25 | | the performance shortfall and recommending an appropriate | 26 | | course going forward, including any program modifications that |
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| 1 | | may be appropriate in light of the evaluations conducted under | 2 | | item (8) of subsection (f) of this Section. In this case, the | 3 | | utility obligation to collect the Department's costs and turn | 4 | | over those funds to the Department under this subsection (e) | 5 | | shall continue only if the Commission approves the | 6 | | modifications to the plan proposed by the Department. | 7 | | (f) No later than October 1, 2010, each gas utility shall | 8 | | file an energy efficiency plan with the Commission to meet the | 9 | | energy efficiency standards through May 31, 2014. Every 3 years | 10 | | thereafter, each utility shall file, no later than October 1, | 11 | | an energy efficiency plan with the Commission. If a utility | 12 | | does not file such a plan by October 1 of the applicable year, | 13 | | then it shall face a penalty of $100,000 per day until the plan | 14 | | is filed. Each utility's plan shall set forth the utility's | 15 | | proposals to meet the utility's portion of the energy | 16 | | efficiency standards identified in subsection (c) of this | 17 | | Section, as modified by subsection (d) of this Section, taking | 18 | | into account the unique circumstances of the utility's service | 19 | | territory. The Commission shall seek public comment on the | 20 | | utility's plan and shall issue an order approving or | 21 | | disapproving each plan. If the Commission disapproves a plan, | 22 | | the Commission shall, within 30 days, describe in detail the | 23 | | reasons for the disapproval and describe a path by which the | 24 | | utility may file a revised draft of the plan to address the | 25 | | Commission's concerns satisfactorily. If the utility does not | 26 | | refile with the Commission within 60 days after the |
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| 1 | | disapproval, the utility shall be subject to penalties at a | 2 | | rate of $100,000 per day until the plan is filed. This process | 3 | | shall continue, and penalties shall accrue, until the utility | 4 | | has successfully filed a portfolio of energy efficiency | 5 | | measures. Penalties shall be deposited into the Energy | 6 | | Efficiency Trust Fund and the cost of any such penalties may | 7 | | not be recovered from ratepayers. In submitting proposed energy | 8 | | efficiency plans and funding levels to meet the savings goals | 9 | | adopted by this Act the utility shall: | 10 | | (1) Demonstrate that its proposed energy efficiency | 11 | | measures will achieve the requirements that are identified | 12 | | in subsection (c) of this Section, as modified by | 13 | | subsection (d) of this Section. | 14 | | (2) Present specific proposals to implement new | 15 | | building and appliance standards that have been placed into | 16 | | effect. | 17 | | (3) Present estimates of the total amount paid for gas | 18 | | service expressed on a per therm basis associated with the | 19 | | proposed portfolio of measures designed to meet the | 20 | | requirements that are identified in subsection (c) of this | 21 | | Section, as modified by subsection (d) of this Section. | 22 | | (4) Coordinate with the Department to present a | 23 | | portfolio of energy efficiency measures proportionate to | 24 | | the share of total annual utility revenues in Illinois from | 25 | | households at or below 150% of the poverty level. Such | 26 | | programs shall be targeted to households with incomes at or |
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| 1 | | below 80% of area median income. | 2 | | (5) Demonstrate that its overall portfolio of energy | 3 | | efficiency measures, not including programs covered by | 4 | | item (4) of this subsection (f), are cost-effective using | 5 | | the total resource cost test and represent a diverse cross | 6 | | section of opportunities for customers of all rate classes | 7 | | to participate in the programs. | 8 | | (6) Demonstrate that a gas utility affiliated with an | 9 | | electric utility that is required to comply with Section | 10 | | 8-103 of this Act has integrated gas and electric | 11 | | efficiency measures into a single program that reduces | 12 | | program or participant costs and appropriately allocates | 13 | | costs to gas and electric ratepayers. The Department shall | 14 | | integrate all gas and electric programs it delivers in any | 15 | | such utilities' service territories, unless the Department | 16 | | can show that integration is not feasible or appropriate. | 17 | | (7) Include a proposed cost recovery tariff mechanism | 18 | | to fund the proposed energy efficiency measures and to | 19 | | ensure the recovery of the prudently and reasonably | 20 | | incurred costs of Commission-approved programs. | 21 | | (8) Provide for quarterly status reports tracking | 22 | | implementation of and expenditures for the utility's | 23 | | portfolio of measures and the Department's portfolio of | 24 | | measures, an annual independent review, and a full | 25 | | independent evaluation of the 3-year results of the | 26 | | performance and the cost-effectiveness of the utility's |
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| 1 | | and Department's portfolios of measures and broader net | 2 | | program impacts and, to the extent practical, for | 3 | | adjustment of the measures on a going forward basis as a | 4 | | result of the evaluations. The resources dedicated to | 5 | | evaluation shall not exceed 3% of portfolio resources in | 6 | | any given 3-year period. | 7 | | (g) No more than 3% of expenditures on energy efficiency | 8 | | measures may be allocated for demonstration of breakthrough | 9 | | equipment and devices. | 10 | | (h) Illinois natural gas utilities that are affiliated by | 11 | | virtue of a common parent company may, at the utilities' | 12 | | request, be considered a single natural gas utility for | 13 | | purposes of complying with this Section. | 14 | | (i) If, after 3 years, a gas utility fails to meet the | 15 | | efficiency standard specified in subsection (c) of this Section | 16 | | as modified by subsection (d), then it shall make a | 17 | | contribution to the Low-Income Home Energy Assistance Program. | 18 | | The total liability for failure to meet the goal shall be | 19 | | assessed as follows: | 20 | | (1) a large gas utility shall pay $600,000; | 21 | | (2) a medium gas utility shall pay $400,000; and | 22 | | (3) a small gas utility shall pay $200,000. | 23 | | For purposes of this Section, (i) a "large gas utility" is | 24 | | a gas utility that on December 31, 2008, served more than | 25 | | 1,500,000 gas customers in Illinois; (ii) a "medium gas | 26 | | utility" is a gas utility that on December 31, 2008, served |
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| 1 | | fewer than 1,500,000, but more than 500,000 gas customers in | 2 | | Illinois; and (iii) a "small gas utility" is a gas utility that | 3 | | on December 31, 2008, served fewer than 500,000 and more than | 4 | | 100,000 gas customers in Illinois. The costs of this | 5 | | contribution may not be recovered from ratepayers. | 6 | | If a gas utility fails to meet the efficiency standard | 7 | | specified in subsection (c) of this Section, as modified by | 8 | | subsection (d) of this Section, in any 2 consecutive 3-year | 9 | | planning periods, then the responsibility for implementing the | 10 | | utility's energy efficiency measures shall be transferred to an | 11 | | independent program administrator selected by the Commission. | 12 | | Reasonable and prudent costs incurred by the independent | 13 | | program administrator to meet the efficiency standard | 14 | | specified in subsection (c) of this Section, as modified by | 15 | | subsection (d) of this Section, may be recovered from the | 16 | | customers of the affected gas utilities, other than customers | 17 | | described in subsection (m) of this Section. The utility shall | 18 | | provide the independent program administrator with all | 19 | | information and assistance necessary to perform the program | 20 | | administrator's duties including but not limited to customer, | 21 | | account, and energy usage data, and shall allow the program | 22 | | administrator to include inserts in customer bills. The utility | 23 | | may recover reasonable costs associated with any such | 24 | | assistance. | 25 | | (j) No utility shall be deemed to have failed to meet the | 26 | | energy efficiency standards to the extent any such failure is |
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| 1 | | due to a failure of the Department. | 2 | | (k) Not later than January 1, 2012, the Commission shall | 3 | | develop and solicit public comment on a plan to foster | 4 | | statewide coordination and consistency between statutorily | 5 | | mandated natural gas and electric energy efficiency programs to | 6 | | reduce program or participant costs or to improve program | 7 | | performance. Not later than September 1, 2013, the Commission | 8 | | shall issue a report to the General Assembly containing its | 9 | | findings and recommendations. | 10 | | (l) This Section does not apply to a gas utility that on | 11 | | January 1, 2009, provided gas service to fewer than 100,000 | 12 | | customers in Illinois. | 13 | | (m) Subsections (a) through (k) of this Section do not | 14 | | apply to customers of a natural gas utility that have a North | 15 | | American Industry Classification System code number that is | 16 | | 22111 or any such code number beginning with the digits 31, 32, | 17 | | or 33 and (i) annual usage in the aggregate of 4 million therms | 18 | | or more within the service territory of the affected gas | 19 | | utility or with aggregate usage of 8 million therms or more in | 20 | | this State and complying with the provisions of item (l) of | 21 | | this subsection (m); or (ii) using natural gas as feedstock and | 22 | | meeting the usage requirements described in item (i) of this | 23 | | subsection (m), to the extent such annual feedstock usage is | 24 | | greater than 60% of the customer's total annual usage of | 25 | | natural gas. | 26 | | (1) Customers described in this subsection (m) of this |
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| 1 | | Section shall apply, on a form approved on or before | 2 | | October 1, 2009 by the Department, to the Department to be | 3 | | designated as a self-directing customer ("SDC") or as an | 4 | | exempt customer using natural gas as a feedstock from which | 5 | | other products are made, including, but not limited to, | 6 | | feedstock for a hydrogen plant, on or before the 1st day of | 7 | | February, 2010. Thereafter, application may be made not | 8 | | less than 6 months before the filing date of the gas | 9 | | utility energy efficiency plan described in subsection (f) | 10 | | of this Section; however, a new customer that commences | 11 | | taking service from a natural gas utility after February 1, | 12 | | 2010 may apply to become a SDC or exempt customer up to 30 | 13 | | days after beginning service. Customers described in this | 14 | | subsection (m) that have not already been approved by the | 15 | | Department may apply to be designated a self-directing | 16 | | customer or exempt customer, on a form approved by the | 17 | | Department, between September 1, 2013 and September 30, | 18 | | 2013. Customer applications that are approved by the | 19 | | Department under this amendatory Act of the 98th General | 20 | | Assembly shall be considered to be a self-directing | 21 | | customer or exempt customer, as applicable, for the current | 22 | | 3-year planning period effective December 1, 2013. Such | 23 | | application shall contain the following: | 24 | | (A) the customer's certification that, at the time | 25 | | of its application, it qualifies to be a SDC or exempt | 26 | | customer described in this subsection (m) of this |
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| 1 | | Section; | 2 | | (B) in the case of a SDC, the customer's | 3 | | certification that it has established or will | 4 | | establish by the beginning of the utility's 3-year | 5 | | planning period commencing subsequent to the | 6 | | application, and will maintain for accounting | 7 | | purposes, an energy efficiency reserve account and | 8 | | that the customer will accrue funds in said account to | 9 | | be held for the purpose of funding, in whole or in | 10 | | part, energy efficiency measures of the customer's | 11 | | choosing, which may include, but are not limited to, | 12 | | projects involving combined heat and power systems | 13 | | that use the same energy source both for the generation | 14 | | of electrical or mechanical power and the production of | 15 | | steam or another form of useful thermal energy or the | 16 | | use of combustible gas produced from biomass, or both; | 17 | | (C) in the case of a SDC, the customer's | 18 | | certification that annual funding levels for the | 19 | | energy efficiency reserve account will be equal to 2% | 20 | | of the customer's cost of natural gas, composed of the | 21 | | customer's commodity cost and the delivery service | 22 | | charges paid to the gas utility, or $150,000, whichever | 23 | | is less; | 24 | | (D) in the case of a SDC, the customer's | 25 | | certification that the required reserve account | 26 | | balance will be capped at 3 years' worth of accruals |
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| 1 | | and that the customer may, at its option, make further | 2 | | deposits to the account to the extent such deposit | 3 | | would increase the reserve account balance above the | 4 | | designated cap level; | 5 | | (E) in the case of a SDC, the customer's | 6 | | certification that by October 1 of each year, beginning | 7 | | no sooner than October 1, 2012, the customer will | 8 | | report to the Department information, for the 12-month | 9 | | period ending May 31 of the same year, on all deposits | 10 | | and reductions, if any, to the reserve account during | 11 | | the reporting year, and to the extent deposits to the | 12 | | reserve account in any year are in an amount less than | 13 | | $150,000, the basis for such reduced deposits; reserve | 14 | | account balances by month; a description of energy | 15 | | efficiency measures undertaken by the customer and | 16 | | paid for in whole or in part with funds from the | 17 | | reserve account; an estimate of the energy saved, or to | 18 | | be saved, by the measure; and that the report shall | 19 | | include a verification by an officer or plant manager | 20 | | of the customer or by a registered professional | 21 | | engineer or certified energy efficiency trade | 22 | | professional that the funds withdrawn from the reserve | 23 | | account were used for the energy efficiency measures; | 24 | | (F) in the case of an exempt customer, the | 25 | | customer's certification of the level of gas usage as | 26 | | feedstock in the customer's operation in a typical year |
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| 1 | | and that it will provide information establishing this | 2 | | level, upon request of the Department; | 3 | | (G) in the case of either an exempt customer or a | 4 | | SDC, the customer's certification that it has provided | 5 | | the gas utility or utilities serving the customer with | 6 | | a copy of the application as filed with the Department; | 7 | | (H) in the case of either an exempt customer or a | 8 | | SDC, certification of the natural gas utility or | 9 | | utilities serving the customer in Illinois including | 10 | | the natural gas utility accounts that are the subject | 11 | | of the application; and | 12 | | (I) in the case of either an exempt customer or a | 13 | | SDC, a verification signed by a plant manager or an | 14 | | authorized corporate officer attesting to the | 15 | | truthfulness and accuracy of the information contained | 16 | | in the application. | 17 | | (2) The Department shall review the application to | 18 | | determine that it contains the information described in | 19 | | provisions (A) through (I) of item (1) of this subsection | 20 | | (m), as applicable. The review shall be completed within 30 | 21 | | days after the date the application is filed with the | 22 | | Department. Absent a determination by the Department | 23 | | within the 30-day period, the applicant shall be considered | 24 | | to be a SDC or exempt customer, as applicable, for all | 25 | | subsequent 3-year planning periods, as of the date of | 26 | | filing the application described in this subsection (m). If |
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| 1 | | the Department determines that the application does not | 2 | | contain the applicable information described in provisions | 3 | | (A) through (I) of item (1) of this subsection (m), it | 4 | | shall notify the customer, in writing, of its determination | 5 | | that the application does not contain the required | 6 | | information and identify the information that is missing, | 7 | | and the customer shall provide the missing information | 8 | | within 15 working days after the date of receipt of the | 9 | | Department's notification. | 10 | | (3) The Department shall have the right to audit the | 11 | | information provided in the customer's application and | 12 | | annual reports to ensure continued compliance with the | 13 | | requirements of this subsection. Based on the audit, if the | 14 | | Department determines the customer is no longer in | 15 | | compliance with the requirements of items (A) through (I) | 16 | | of item (1) of this subsection (m), as applicable, the | 17 | | Department shall notify the customer in writing of the | 18 | | noncompliance. The customer shall have 30 days to establish | 19 | | its compliance, and failing to do so, may have its status | 20 | | as a SDC or exempt customer revoked by the Department. The | 21 | | Department shall treat all information provided by any | 22 | | customer seeking SDC status or exemption from the | 23 | | provisions of this Section as strictly confidential. | 24 | | (4) Upon request, or on its own motion, the Commission | 25 | | may open an investigation, no more than once every 3 years | 26 | | and not before October 1, 2014, to evaluate the |
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| 1 | | effectiveness of the self-directing program described in | 2 | | this subsection (m). | 3 | | (n) The applicability of this Section to customers | 4 | | described in subsection (m) of this Section is conditioned on | 5 | | the existence of the SDC program. In no event will any | 6 | | provision of this Section apply to such customers after January | 7 | | 1, 2020.
| 8 | | (Source: P.A. 96-33, eff. 7-10-09; 97-813, eff. 7-13-12; | 9 | | 97-841, eff. 7-20-12.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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