Full Text of SB0105 98th General Assembly
SB0105sam001 98TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 4/4/2013
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| 1 | | AMENDMENT TO SENATE BILL 105
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 105 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by adding | 5 | | Section 16-103.2 as follows: | 6 | | (220 ILCS 5/16-103.2 new) | 7 | | Sec. 16-103.2. Market Settlement Service. | 8 | | (a) Notwithstanding anything to the contrary, an electric | 9 | | utility shall be permitted, at its election, to provide Market | 10 | | Settlement Service, which, for purposes of this Section, shall | 11 | | mean a tariffed, unbundled electric power and energy supply | 12 | | service applicable to all of the electric utility's retail | 13 | | customers having maximum demands exceeding 400 kilowatts, as | 14 | | measured in accordance with the electric utility's retail | 15 | | tariffs, that do not otherwise purchase all of their electric | 16 | | power and energy supply service from the electric utility. |
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| 1 | | Market Settlement Service shall apply to the difference between | 2 | | (i) the actual quantities of electric power and energy supply | 3 | | provided to any such retail customer during a given period and | 4 | | (ii) the quantities of such supply that were deemed to have | 5 | | been provided to such retail customer for the purposes of the | 6 | | applicable regional transmission organization's final | 7 | | wholesale market settlements during that same period. An | 8 | | electric utility providing Market Settlement Service may also, | 9 | | at its election, include in Market Settlement Service electric | 10 | | capacity, transmission services, or other services that are | 11 | | also provided by or through a regional transmission | 12 | | organization to retail customers who receive tariffed electric | 13 | | power and energy supply service with hourly pricing provisions | 14 | | at quantities assigned to such retail customer pursuant to the | 15 | | electric utility's Market Settlement Service tariff. Charges | 16 | | (if the actual quantities provided were greater) or credits (if | 17 | | the actual quantities provided were less) shall be calculated | 18 | | based on the same unit rate or rates set forth in the electric | 19 | | utility's tariff or tariffs for electric power and energy | 20 | | supply service with hourly pricing provisions applicable to its | 21 | | retail customers having maximum demands exceeding 400 | 22 | | kilowatts, provided, however, that any reconciliation | 23 | | provision set forth in such tariff or tariffs, including any | 24 | | charges or credits resulting therefrom, shall not apply to | 25 | | Market Settlement Service. | 26 | | An electric utility providing Market Settlement Service |
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| 1 | | shall be permitted to recover all of its reasonable and | 2 | | prudently incurred administrative and operational costs of | 3 | | providing this service from all of its retail customers through | 4 | | its delivery services charges. | 5 | | (b) Market Settlement Service shall be provided pursuant to | 6 | | a tariff of the electric utility on file with the Commission. | 7 | | The electric utility's Market Settlement Service tariff shall | 8 | | include provisions for the determination of the quantities | 9 | | subject to Market Settlement Service for any retail customer | 10 | | that receives only a portion of its electric power and energy | 11 | | requirements from an alternative retail electric supplier or | 12 | | electric utility operating outside of its service territory. | 13 | | Notwithstanding subsection (a) of this Section, the electric | 14 | | utility may elect to (i) exclude from Market Settlement Service | 15 | | any portion of the difference described in subsection (a) of | 16 | | this Section attributable to a delayed initial retail electric | 17 | | service bill for a given period and (ii) provide Market | 18 | | Settlement Service limited to an entire retail billing period | 19 | | or periods, without proration, notwithstanding that the | 20 | | applicable regional transmission organization's final | 21 | | wholesale market settlements may have occurred on a date within | 22 | | a retail billing period. | 23 | | (c) An electric utility that has a tariff in effect | 24 | | pursuant to this Section shall not be subject to, or allowed to | 25 | | pursue, any other claims, adjustments, settlements, or offsets | 26 | | related to the cost of any difference in the actual quantities |
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| 1 | | of electric energy, capacity, transmission services, or other | 2 | | services included in Market Settlement Service, provided, | 3 | | however, that the provisions of this subsection (c) shall not, | 4 | | consistent with the provisions of this Act, (i) preclude any | 5 | | subsequent and separate adjustments made to the same retail | 6 | | customer's electric service account pursuant to a tariff | 7 | | authorized by this Section because of other differences, | 8 | | whether for the same or a different meter or for the same or | 9 | | different period or (ii) reduce or impair in any way an | 10 | | electric utility's authority to charge a retail customer for | 11 | | unmetered electric service related to the retail customer's | 12 | | unlawful tampering with or interference with electric service, | 13 | | including, but not limited to, any other charges allowed by law | 14 | | or the electric utility's tariffs. | 15 | | (d) A tariff authorized by this Section may be established | 16 | | outside of either (i) a filing seeking a general change in | 17 | | rates under Article IX of this Act or (ii) a filing authorized | 18 | | under Section 16-108.5 of this Act. The Commission shall review | 19 | | and by order approve, or approve as modified, the proposed | 20 | | tariff within 180 days after the date on which it is filed. In | 21 | | the event the Commission approves such a tariff with | 22 | | modifications, the electric utility shall not be obligated to | 23 | | place the modified tariff into effect. In such event, the | 24 | | electric utility must, within 14 days after any Commission | 25 | | order, withdraw its proposed tariff and its election to provide | 26 | | Market Settlement Service. If a Market Settlement Service |
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| 1 | | tariff does become effective, such tariff shall remain in | 2 | | effect thereafter at the discretion of the electric utility. | 3 | | (e) Notwithstanding anything in the Act to the contrary, an | 4 | | electric utility providing Market Settlement Service shall not | 5 | | be liable to any retail customer, alternative retail electric | 6 | | supplier, or electric utility operating outside of its service | 7 | | territory for any adjustment in the quantity of any | 8 | | transmission or retail electric supply service for which the | 9 | | applicable regional transmission organization under its | 10 | | tariffs, agreements, and market and business rules will no | 11 | | longer make a corresponding adjustment to the wholesale market | 12 | | settlements. ".
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