Full Text of SB1446 99th General Assembly
SB1446sam001 99TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 1446
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1446 as follow:
| 3 | | on page 1, by replacing line 5 with "Sections 16-115 and 19-110 | 4 | | as follows:"; and | 5 | | by replacing line 12 on page 11 through line 1 on page 12 with:
| 6 | | " to the Commission, it must (1) file with the Commission | 7 | | contemporaneously with its report, filing, or document an | 8 | | affidavit that sets forth both the reasons for the | 9 | | confidentiality and a public synopsis of the information for | 10 | | which confidential treatment is sought; and (2) file both a | 11 | | "confidential" and a "public" version of the report, filing, or | 12 | | document for which it seeks confidential treatment with all | 13 | | confidential information marked "Confidential". Absent notice | 14 | | from the Commission to the alternative retail electric supplier | 15 | | to the contrary, and provided the alternative retail electric | 16 | | supplier has followed the requirements outlined in this |
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| 1 | | subsection (g), information identified as confidential by the | 2 | | alternative retail electric supplier shall be afforded | 3 | | proprietary treatment for a 2-year period from the date of | 4 | | submission to the Commission. The public version of the report, | 5 | | filing, or document shall be made available to the public upon | 6 | | request, subject to a case-by-case determination by the | 7 | | Commission. "; and | 8 | | on page 12, immediately below line 13, by inserting:
| 9 | | "(220 ILCS 5/19-110)
| 10 | | Sec. 19-110. Certification of alternative gas suppliers.
| 11 | | (a) The provisions of this Section shall apply only to | 12 | | alternative gas
suppliers
serving or seeking to serve | 13 | | residential or small commercial customers and
only to the | 14 | | extent such
alternative gas suppliers provide services to | 15 | | residential or small
commercial customers.
| 16 | | (b) An alternative gas supplier must obtain a certificate | 17 | | of service
authority from the Commission in accordance with | 18 | | this Section before serving
any customer or other user located | 19 | | in this State. An alternative gas supplier
may request, and the | 20 | | Commission may grant, a certificate of service authority
for | 21 | | the entire State or for a specified geographic area of the | 22 | | State. A
person, corporation, or other entity acting as an | 23 | | alternative gas supplier on
the effective date of this | 24 | | amendatory Act of the 92nd General Assembly shall
have 180 days |
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| 1 | | from the effective date of this amendatory Act of the 92nd
| 2 | | General Assembly to comply with the requirements of this | 3 | | Section in order to
continue to operate as an alternative gas | 4 | | supplier.
| 5 | | (c) An alternative gas supplier seeking a certificate of | 6 | | service authority
shall
file with the Commission a verified | 7 | | application containing information showing
that the
applicant | 8 | | meets the requirements of this Section. The alternative gas | 9 | | supplier
shall
publish notice of its application in the | 10 | | official State newspaper within 10
days following
the date of | 11 | | its filing. No later than 45 days after the application is
| 12 | | properly filed with the
Commission, and such notice is | 13 | | published, the Commission shall issue its order
granting or | 14 | | denying the application.
| 15 | | (d) An application for a certificate of service authority | 16 | | shall identify the
area or
areas in which the applicant intends | 17 | | to offer service and the types of services
it intends
to offer. | 18 | | Applicants that seek to serve residential or small commercial
| 19 | | customers within a
geographic area that is smaller than a gas | 20 | | utility's service area shall submit
evidence demonstrating | 21 | | that the designation of this smaller area does not
violate | 22 | | Section 19-115. An
applicant may
state in its application for | 23 | | certification any limitations that will be imposed
on the | 24 | | number
of customers or maximum load to be served. The applicant | 25 | | shall submit as part of its application a statement indicating:
| 26 | | (1) Whether the applicant has been denied a natural gas |
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| 1 | | supplier license in any state in the United States. | 2 | | (2) Whether the applicant has had a natural gas | 3 | | supplier license suspended or revoked by any state in the | 4 | | United States. | 5 | | (3) Where, if any, other natural gas supplier license | 6 | | applications are pending in the United States. | 7 | | (4) Whether the applicant is the subject of any | 8 | | lawsuits filed in a court of law or formal complaints filed | 9 | | with a regulatory agency alleging fraud, deception or | 10 | | unfair marketing practices, or other similar allegations, | 11 | | identifying the name, case number, and jurisdiction of each | 12 | | such lawsuit or complaint. | 13 | | For the purposes of this subsection (d), formal complaints | 14 | | include only those complaints that seek a binding determination | 15 | | from a state or federal regulatory body. | 16 | | (e) The Commission shall grant the application for a | 17 | | certificate of service
authority if it makes the findings set | 18 | | forth in this subsection based on the
verified
application and | 19 | | such other information as the applicant may submit.
| 20 | | (1) That the applicant possesses sufficient technical, | 21 | | financial, and
managerial resources and abilities to | 22 | | provide the service for which it
seeks a certificate of | 23 | | service authority. In determining the level of
technical, | 24 | | financial, and managerial resources and abilities which | 25 | | the
applicant must demonstrate, the Commission shall | 26 | | consider:
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| 1 | | (A) the characteristics, including the size and | 2 | | financial sophistication of the
customers that the | 3 | | applicant seeks to serve; | 4 | | (B) whether the
applicant seeks to provide gas | 5 | | using property, plant, and equipment that it
owns, | 6 | | controls, or operates; and | 7 | | (C) the applicant's commitment of resources to the | 8 | | management of sales and marketing staff, through | 9 | | affirmative managerial policies, independent audits, | 10 | | technology, hands-on field monitoring and training, | 11 | | and, in the case of applicants who will have sales | 12 | | personnel or sales agents within the State of Illinois, | 13 | | the applicant's managerial presence within the State.
| 14 | | (2) That the applicant will comply with all applicable | 15 | | federal, State,
regional, and industry rules, policies, | 16 | | practices, and procedures
for the use, operation, and | 17 | | maintenance of the safety, integrity, and
reliability of | 18 | | the gas transmission system.
| 19 | | (3) That the applicant will comply with such | 20 | | informational or reporting
requirements as the Commission | 21 | | may by rule establish.
| 22 | | (4) That
the area to be served by the applicant and any | 23 | | limitations it proposes on the
number of customers or | 24 | | maximum amount of load to be served meet the provisions
of | 25 | | Section 19-115, provided, that if the applicant seeks to | 26 | | serve an area
smaller than the service area of a gas |
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| 1 | | utility or proposes other limitations
on the number of | 2 | | customers or maximum amount of load to be served, the
| 3 | | Commission can extend the time for
considering such a | 4 | | certificate request by up to 90 days, and can schedule
| 5 | | hearings on such a request.
| 6 | | (5) That the applicant and the applicant's sales agents | 7 | | will comply with all other applicable laws and
rules.
| 8 | | (f) The Commission can extend the time for considering such | 9 | | a certificate request by up to 90 days, and can schedule | 10 | | hearings on such a request if: | 11 | | (1) a party to the application proceeding has formally | 12 | | requested that the Commission hold hearings in a pleading | 13 | | that alleges that one or more of the allegations or | 14 | | certifications in the application is false or misleading; | 15 | | or | 16 | | (2) other facts or circumstances exist that will | 17 | | necessitate additional time or evidence in order to | 18 | | determine whether a certificate should be issued. | 19 | | (g) The Commission shall have the authority to promulgate | 20 | | rules
to carry out the provisions of this Section. Within 30 | 21 | | days after the
effective date of this amendatory Act of the | 22 | | 92nd General Assembly, the
Commission shall adopt an emergency | 23 | | rule or rules applicable to the
certification of those gas | 24 | | suppliers that seek to serve residential customers.
Within 180 | 25 | | days of
the effective
date of this amendatory Act of the 92nd | 26 | | General Assembly, the Commission shall
adopt
rules that specify |
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| 1 | | criteria which, if met by any such alternative gas
supplier, | 2 | | shall
constitute the demonstration of technical, financial, | 3 | | and managerial resources
and
abilities to provide service | 4 | | required by item (1) of subsection (e) of this
Section,
such as | 5 | | a
requirement to post a bond or letter of credit, from a | 6 | | responsible surety or
financial
institution, of sufficient | 7 | | size for the nature and scope of the services to be
provided,
| 8 | | demonstration of adequate insurance for the scope and nature of | 9 | | the services to
be
provided, and experience in providing | 10 | | similar services in other
jurisdictions.
| 11 | | (h) The Commission may deny with prejudice any application | 12 | | that repeatedly fails to include the attachments, | 13 | | documentation, and affidavits required by the application form | 14 | | or that repeatedly fails to provide any other information | 15 | | required by this Section. | 16 | | (i) In order to make more efficient use of the Commission's | 17 | | resources, as well as the resources of alternative gas | 18 | | suppliers, with regard to annual continuing compliance reports | 19 | | filed pursuant to 83 Ill. Adm. Code 551.120 and annual | 20 | | dekatherm reports filed pursuant to 83 Ill. Adm. Code 551.170, | 21 | | alternative gas suppliers may file commercially or financially | 22 | | sensitive information or trade secrets contained in any such | 23 | | report or filing with the Commission without also filing a | 24 | | formal petition with the Chief Clerk of the Commission seeking | 25 | | a Commission order granting confidential treatment. If an | 26 | | alternative gas supplier elects not to file a formal petition |
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| 1 | | with the Chief Clerk of the Commission seeking a Commission | 2 | | order, but still desires confidential treatment for the | 3 | | commercially or financially sensitive information or trade | 4 | | secrets submitted to the Commission, it must (1) file with the | 5 | | Commission contemporaneously with its report, filing, or | 6 | | document, an affidavit that sets forth both the reasons for the | 7 | | confidentiality and a public synopsis of the information for | 8 | | which confidential treatment is sought and (2) file both a | 9 | | "confidential" and a "public" version of the report, filing, or | 10 | | document for which it seeks confidential treatment with all | 11 | | confidential information marked "Confidential". Absent notice | 12 | | from the Commission to the alternative gas supplier to the | 13 | | contrary, and provided the alternative gas supplier has | 14 | | followed the requirements outlined in this subsection (i), | 15 | | information identified as confidential by the alternative gas | 16 | | supplier shall be afforded proprietary treatment for a 2-year | 17 | | period from the date of submission to the Commission. The | 18 | | public version of the report, filing, or document shall be made | 19 | | available to the public upon request, subject to a case-by-case | 20 | | determination by the Commission. Nothing in this subsection (i) | 21 | | prevents the Commission (A) on its own motion, after reviewing | 22 | | the submittal of an alternative gas supplier pursuant to this | 23 | | subsection (i), from requiring the alternative gas supplier to | 24 | | file a formal petition with the Chief Clerk seeking | 25 | | confidential treatment; (B) from entering an order expanding | 26 | | the list of recurring reports or filings eligible for |
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| 1 | | confidential treatment set forth in this subsection (i); or (C) | 2 | | from entering an order adjusting the time period information | 3 | | may be treated by the Commission as confidential. | 4 | | (Source: P.A. 95-1051, eff. 4-10-09.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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