Full Text of SB3051 100th General Assembly
SB3051ham001 100TH GENERAL ASSEMBLY | Rep. Kelly M. Burke Filed: 5/4/2018
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| 1 | | AMENDMENT TO SENATE BILL 3051
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3051 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by adding | 5 | | Sections 2-204 and 20-140 and by changing Sections 16-115, | 6 | | 16-115A, 16-115B, 16-119, 19-115, and 20-110 as follows: | 7 | | (220 ILCS 5/2-204 new) | 8 | | Sec. 2-204. Alternative Retail Electric Supplier and | 9 | | Alternative Gas Supplier Enforcement and Consumer Education | 10 | | Operations Account. | 11 | | (a) The Alternative Retail Electric Supplier and | 12 | | Alternative Gas Supplier Enforcement and Consumer Education | 13 | | Operations Account is created as a separate account within the | 14 | | Public Utilities Fund. | 15 | | (b) The Account is administered by the Commission for the | 16 | | Commission's operations pursuant to Sections 16-115, 16-115A, |
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| 1 | | 16-115B, 16-117, 16-120, 19-115, 19—120, 19-125, 19-130, and | 2 | | 20-110. | 3 | | (c) All moneys used by the Commission from the Account are | 4 | | subject to appropriation by the General Assembly. | 5 | | (d) All disbursements from the Account shall be made only | 6 | | upon warrants of the State Comptroller drawn upon the State | 7 | | Treasurer as custodian of the Account upon vouchers signed by | 8 | | the chairman or executive director or by the person or persons | 9 | | designated by the chairman or executive director for that | 10 | | purpose. The State Comptroller is authorized to draw the | 11 | | warrant upon vouchers so signed. The State Treasurer shall | 12 | | accept all warrants so signed and shall be released from | 13 | | liability for all payments made on those warrants. | 14 | | (e) The Account shall not be subject to sweeps, | 15 | | administrative charges, or chargebacks, including, but not | 16 | | limited to, those authorized under Section 8h of the State | 17 | | Finance Act, that would in any way result in the transfer of | 18 | | any funds from the Account to any other fund of this State or | 19 | | in having any such funds utilized for any purpose other than | 20 | | the express purposes set forth in this Section. | 21 | | (f) Assessment payments under subsection (i-5) of Section | 22 | | 2-202 of entities possessing certificates of service authority | 23 | | as alternative retail electric suppliers under Section 16-115 | 24 | | and entities possessing certificates of service authority as | 25 | | alternative gas suppliers under Section 19-110 and fines | 26 | | imposed under subsection (i) of Section 16-115A, subsection (b) |
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| 1 | | of Section 16-115B, subsection (d) of Section 19-115, and | 2 | | subsection (c) of Section 19-120 shall be deposited into the | 3 | | Account.
| 4 | | (220 ILCS 5/16-115)
| 5 | | Sec. 16-115. Certification of alternative retail
electric | 6 | | suppliers. | 7 | | (a) Any alternative retail electric supplier must obtain
a | 8 | | certificate of service authority from the Commission in
| 9 | | accordance with this Section before serving any retail
customer | 10 | | or other user located in this State. An alternative
retail | 11 | | electric supplier may request, and the Commission may
grant, a | 12 | | certificate of service authority for the entire State
or for a | 13 | | specified geographic area of the State.
| 14 | | (b) An alternative retail electric supplier seeking a
| 15 | | certificate of service authority shall file with the
Commission | 16 | | a verified application containing information
showing that the | 17 | | applicant meets the requirements of this
Section. The | 18 | | alternative retail electric supplier shall
publish notice of | 19 | | its application in the official State
newspaper within 10 days | 20 | | following the date of its filing. No
later than 45 days after | 21 | | the application is properly filed
with the Commission, and such | 22 | | notice is published, the
Commission shall issue its order | 23 | | granting or denying the
application. The Commission may extend | 24 | | the time for considering a certificate of service authority | 25 | | request by up to 90 days and may schedule hearings on the |
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| 1 | | request if: | 2 | | (1) a party to the application proceeding has formally | 3 | | requested that the Commission hold hearings in a pleading | 4 | | that alleges that one or more of the allegations or | 5 | | certifications in the application is false or misleading; | 6 | | or | 7 | | (2)
any other facts or circumstances exist that will | 8 | | necessitate additional time or evidence in order to | 9 | | determine whether a certificate of service authority | 10 | | should be issued.
| 11 | | (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.
| 23 | | (d) The Commission shall grant the application for a
| 24 | | certificate of service authority if it makes the findings set
| 25 | | forth in this subsection
based on the verified
application and | 26 | | such other information as the applicant may
submit:
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| 1 | | (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 , and (iii) | 12 | | the applicant's commitment of resources to the management | 13 | | of sales and marketing staff, through affirmative | 14 | | managerial policies, independent audits, technology, | 15 | | hands-on field monitoring and training, and, in the case of | 16 | | applicants who will have sales personnel or sales agents | 17 | | within the State of Illinois, the applicant's managerial | 18 | | presence within the State ;
| 19 | | (2) That the applicant will comply with all
applicable | 20 | | federal, State, regional and industry rules,
policies, | 21 | | practices and procedures for the use,
operation, and | 22 | | maintenance of the safety, integrity and
reliability, of | 23 | | the interconnected electric transmission
system;
| 24 | | (3) That the applicant will only provide service to
| 25 | | retail customers in an electric utility's service area
that | 26 | | are eligible to take delivery services under this
Act;
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| 1 | | (4) That the applicant will comply with such
| 2 | | informational or reporting requirements as the Commission
| 3 | | may by rule establish and provide the information required | 4 | | by Section 16-112.
Any data related to
contracts for the | 5 | | purchase and sale of electric power and
energy shall be | 6 | | made available for review by the Staff of
the Commission on | 7 | | a confidential and proprietary basis
and only to the extent | 8 | | and for the purposes which the
Commission determines are | 9 | | reasonably necessary in order
to carry out the purposes of | 10 | | this Act;
| 11 | | (5) That the applicant will procure renewable energy | 12 | | resources in accordance with Section 16-115D of this Act, | 13 | | and will source electricity from clean coal facilities, as | 14 | | defined in Section 1-10 of the Illinois Power Agency Act, | 15 | | in amounts at least equal to the percentages set forth in | 16 | | subsections (c) and (d) of Section 1-75 of the Illinois | 17 | | Power Agency Act. For purposes of this Section:
| 18 | | (i) (Blank); | 19 | | (ii) (Blank); | 20 | | (iii) the required sourcing of electricity | 21 | | generated by clean coal facilities, other than the | 22 | | initial clean coal facility, shall be limited to the | 23 | | amount of electricity that can be procured or sourced | 24 | | at a price at or below the benchmarks approved by the | 25 | | Commission each year in accordance with item (1) of | 26 | | subsection (c) and items (1) and (5) of subsection (d) |
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| 1 | | of Section 1-75 of the Illinois Power Agency Act; | 2 | | (iv) all alternative retail electric suppliers | 3 | | shall execute a sourcing agreement to source | 4 | | electricity from the initial clean coal facility, on | 5 | | the terms set forth in paragraphs (3) and (4) of | 6 | | subsection (d) of Section 1-75 of the Illinois Power | 7 | | Agency Act, except that in lieu of the requirements in | 8 | | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | 9 | | paragraph (3) of that subsection (d), the applicant | 10 | | shall execute one or more of the following: | 11 | | (1) if the sourcing agreement is a power | 12 | | purchase agreement, a contract with the initial | 13 | | clean coal facility to purchase in each hour an | 14 | | amount of electricity equal to all clean coal | 15 | | energy made available from the initial clean coal | 16 | | facility during such hour, which the utilities are | 17 | | not required to procure under the terms of | 18 | | subsection (d) of Section 1-75 of the Illinois | 19 | | Power Agency Act, multiplied by a fraction, the | 20 | | numerator of which is the alternative retail | 21 | | electric supplier's retail market sales of | 22 | | electricity (expressed in kilowatthours sold) in | 23 | | the State during the prior calendar month and the | 24 | | denominator of which is the total sales of | 25 | | electricity (expressed in kilowatthours sold) in | 26 | | the State by alternative retail electric suppliers |
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| 1 | | during such prior month that are subject to the | 2 | | requirements of this paragraph (5) of subsection | 3 | | (d) of this Section and subsection (d) of Section | 4 | | 1-75 of the Illinois Power Agency Act plus the | 5 | | total sales of electricity (expressed in | 6 | | kilowatthours sold) by utilities outside of their | 7 | | service areas during such prior month, pursuant to | 8 | | subsection (c) of Section 16-116 of this Act; or | 9 | | (2) if the sourcing agreement is a contract for | 10 | | differences, a contract with the initial clean | 11 | | coal facility in each hour with respect to an | 12 | | amount of electricity equal to all clean coal | 13 | | energy made available from the initial clean coal | 14 | | facility during such hour, which the utilities are | 15 | | not required to procure under the terms of | 16 | | subsection (d) of Section 1-75 of the Illinois | 17 | | Power Agency Act, multiplied by a fraction, the | 18 | | numerator of which is the alternative retail | 19 | | electric supplier's retail market sales of | 20 | | electricity (expressed in kilowatthours sold) in | 21 | | the State during the prior calendar month and the | 22 | | denominator of which is the total sales of | 23 | | electricity (expressed in kilowatthours sold) in | 24 | | the State by alternative retail electric suppliers | 25 | | during such prior month that are subject to the | 26 | | requirements of this paragraph (5) of subsection |
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| 1 | | (d) of this Section and subsection (d) of Section | 2 | | 1-75 of the Illinois Power Agency Act plus the | 3 | | total sales of electricity (expressed in | 4 | | kilowatthours sold) by utilities outside of their | 5 | | service areas during such prior month, pursuant to | 6 | | subsection (c) of Section 16-116 of this Act; | 7 | | (v) if, in any year after the first year of | 8 | | commercial operation, the owner of the clean coal | 9 | | facility fails to demonstrate to the Commission that | 10 | | the initial clean coal facility captured and | 11 | | sequestered at least 50% of the total carbon emissions | 12 | | that the facility would otherwise emit or that | 13 | | sequestration of emissions from prior years has | 14 | | failed, resulting in the release of carbon into the | 15 | | atmosphere, the owner of the facility must offset | 16 | | excess emissions. Any such carbon offsets must be | 17 | | permanent, additional, verifiable, real, located | 18 | | within the State of Illinois, and legally and | 19 | | practicably enforceable. The costs of any such offsets | 20 | | that are not recoverable shall not exceed $15 million | 21 | | in any given year. No costs of any such purchases of | 22 | | carbon offsets may be recovered from an alternative | 23 | | retail electric supplier or its customers. All carbon | 24 | | offsets purchased for this purpose and any carbon | 25 | | emission credits associated with sequestration of | 26 | | carbon from the facility must be permanently retired. |
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| 1 | | The initial clean coal facility shall not forfeit its | 2 | | designation as a clean coal facility if the facility | 3 | | fails to fully comply with the applicable carbon | 4 | | sequestration requirements in any given year, provided | 5 | | the requisite offsets are purchased. However, the | 6 | | Attorney General, on behalf of the People of the State | 7 | | of Illinois, may specifically enforce the facility's | 8 | | sequestration requirement and the other terms of this | 9 | | contract provision. Compliance with the sequestration | 10 | | requirements and offset purchase requirements that | 11 | | apply to the initial clean coal facility shall be | 12 | | reviewed annually by an independent expert retained by | 13 | | the owner of the initial clean coal facility, with the | 14 | | advance written approval of the Attorney General; | 15 | | (vi) The Commission shall, after notice and | 16 | | hearing, revoke the certification of any alternative | 17 | | retail electric supplier that fails to execute a | 18 | | sourcing agreement with the initial clean coal | 19 | | facility as required by item (5) of subsection (d) of | 20 | | this Section. The sourcing agreements with this | 21 | | initial clean coal facility shall be subject to both | 22 | | approval of the initial clean coal facility by the | 23 | | General Assembly and satisfaction of the requirements | 24 | | of item (4) of subsection (d) of Section 1-75 of the | 25 | | Illinois Power Agency Act, and shall be executed within | 26 | | 90 days after any such approval by the General |
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| 1 | | Assembly. The Commission shall not accept an | 2 | | application for certification from an alternative | 3 | | retail electric supplier that has lost certification | 4 | | under this subsection (d), or any corporate affiliate | 5 | | thereof, for at least one year from the date of | 6 | | revocation; | 7 | | (6) With respect to an applicant that seeks to serve
| 8 | | residential or small commercial retail customers, that
the | 9 | | area to be served by the applicant and any
limitations it | 10 | | proposes on the number of customers or
maximum amount of | 11 | | load to be served meet the provisions
of Section 16-115A, | 12 | | provided, that the Commission can
extend the time for | 13 | | considering such a certificate
request by up to 90 days, | 14 | | and can schedule hearings on
such a request;
| 15 | | (7) That the applicant meets the requirements of | 16 | | subsection (a) of Section
16-128; and | 17 | | (8) That the applicant is not the subject of any | 18 | | lawsuit filed in a court of law or formal complaints filed | 19 | | with a regulatory agency alleging fraud, deception, or | 20 | | unfair marketing practices or other similar allegations | 21 | | identifying the name, case number, and jurisdiction of each | 22 | | such lawsuit or complaint. For the purposes of this item | 23 | | (8), "formal complaints" include only those complaints | 24 | | that seek a binding determination from a state or federal | 25 | | regulatory body; | 26 | | (9) That the applicant shall continue to comply with |
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| 1 | | requirements for certification stated in Section 16-115;
| 2 | | (10) That the applicant seeking to service all eligible | 3 | | retail customers shall execute and maintain a license or | 4 | | permit bond issued by a qualifying surety or insurance | 5 | | company authorized to transact business in the State of | 6 | | Illinois in favor of the People of the State of Illinois. | 7 | | The amount of the bond is $600,000, and the bond is | 8 | | conditioned upon the full and faithful performance of all | 9 | | duties and obligations of the applicant as an alternative | 10 | | retail electric supplier and is valid for a period of not | 11 | | less than one year. The cost of the bond shall be paid by | 12 | | the applicant. The applicant shall file a copy of this | 13 | | bond, with a notarized verification page from the issuer, | 14 | | as part of its application for certification under 83 Ill. | 15 | | Adm. Code 451.50 and as a condition for continuing | 16 | | compliance with certification requirements for alternative | 17 | | retail electric suppliers under 83 Ill. Adm. Code | 18 | | 451.Subpart H; and | 19 | | (11) (8) That the applicant will comply with all other
| 20 | | applicable laws and regulations.
| 21 | | The Commission may deny with prejudice an application in | 22 | | which the applicant repeatedly fails to provide the Commission | 23 | | with information sufficient for the Commission to grant the | 24 | | application. | 25 | | (d-5) (Blank). | 26 | | (e) A retail customer that owns a cogeneration or |
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| 1 | | self-generation facility
and that seeks certification only to
| 2 | | provide electric power and energy from such facility to
retail | 3 | | customers at separate locations which customers are
both (i) | 4 | | owned by, or a subsidiary or other corporate
affiliate of, such | 5 | | applicant and
(ii) eligible for delivery services, shall be | 6 | | granted a
certificate of service authority upon filing an | 7 | | application
and notifying the Commission that it has entered | 8 | | into an
agreement with the relevant electric utilities pursuant | 9 | | to
Section 16-118.
Provided, however, that if the retail | 10 | | customer owning such cogeneration or
self-generation facility | 11 | | would not be charged a transition charge due to the
exemption | 12 | | provided under subsection (f) of Section 16-108 prior to the
| 13 | | certification, and the retail customers at separate locations | 14 | | are taking
delivery services in conjunction with purchasing | 15 | | power and energy from the
facility, the retail customer on | 16 | | whose premises the facility is located shall
not thereafter be | 17 | | required to pay transition charges on the power and energy
that | 18 | | such retail customer takes from the facility.
| 19 | | (f) The Commission shall have the authority to
promulgate | 20 | | rules and regulations to carry out the provisions
of this | 21 | | Section. On or before May 1, 1999, the Commission
shall adopt a | 22 | | rule or rules applicable to the certification of
those | 23 | | alternative retail electric suppliers that seek to serve
only | 24 | | nonresidential retail customers with maximum electrical
| 25 | | demands of one megawatt or more which shall provide for (i)
| 26 | | expedited and streamlined procedures
for certification of such |
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| 1 | | alternative
retail electric suppliers and (ii) specific | 2 | | criteria which,
if met by any such alternative retail electric | 3 | | supplier, shall
constitute the demonstration of technical, | 4 | | financial and
managerial resources and abilities to provide | 5 | | service required
by subsection (d) (1) of this Section, such as | 6 | | a requirement
to post a bond or letter of credit, from a | 7 | | responsible surety
or financial institution, of sufficient | 8 | | size for the nature
and scope of the services to be provided; | 9 | | demonstration of
adequate insurance for the scope and nature of | 10 | | the services to
be provided; and experience in providing | 11 | | similar services in
other jurisdictions.
| 12 | | (g) An alternative retail electric supplier may seek | 13 | | confidential treatment for the following information by filing | 14 | | an affidavit with the Commission so long as the affidavit meets | 15 | | the requirements in this subsection (g): | 16 | | (1) the total annual kilowatt-hours delivered and sold | 17 | | by an alternative retail electric supplier to retail | 18 | | customers within each utility service territory and the | 19 | | total annual kilowatt-hours delivered and sold by an | 20 | | alternative retail electric supplier to retail customers | 21 | | in all utility service territories in the preceding | 22 | | calendar year as required by 83 Ill. Adm. Code 451.770; | 23 | | (2) the total peak demand supplied by an alternative | 24 | | retail electric supplier during the previous year in each | 25 | | utility service territory as required by 83 Ill. Adm. Code | 26 | | 465.40; |
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| 1 | | (3) a good faith estimate of the amount an alternative | 2 | | retail electric supplier expects to be obliged to pay the | 3 | | utility under single billing tariffs during the next 12 | 4 | | months and the amount of any bond or letter of credit used | 5 | | to demonstrate an alternative retail electric supplier's | 6 | | credit worthiness to provide single billing services | 7 | | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | 8 | | The affidavit must be filed contemporaneously with the | 9 | | information for which confidential treatment is sought and must | 10 | | clearly state that the affiant seeks confidential treatment | 11 | | pursuant to this subsection (g) and the information for which | 12 | | confidential treatment is sought must be clearly identified on | 13 | | the confidential version of the document filed with the | 14 | | Commission. The affidavit must be accompanied by a | 15 | | "confidential" and a "public" version of the document or | 16 | | documents containing the information for which confidential | 17 | | treatment is sought. | 18 | | If the alternative retail electric supplier has met the | 19 | | affidavit requirements of this subsection (g), then the | 20 | | Commission shall afford confidential treatment to the | 21 | | information identified in the affidavit for a period of 2 years | 22 | | after the date the affidavit is received by the Commission. | 23 | | Nothing in this subsection (g) prevents an alternative | 24 | | retail electric supplier from filing a petition with the | 25 | | Commission seeking confidential treatment for information | 26 | | beyond that identified in this subsection (g) or for |
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| 1 | | information contained in other reports or documents filed with | 2 | | the Commission. | 3 | | Nothing in this subsection (g) prevents the Commission, on | 4 | | its own motion, or any party from filing a formal petition with | 5 | | the Commission seeking to reconsider the conferring of | 6 | | confidential status on an item of information afforded | 7 | | confidential treatment pursuant to this subsection (g). | 8 | | The Commission, on its own motion, may at any time initiate | 9 | | a docketed proceeding to investigate the continued | 10 | | applicability of this subsection (g) to the information | 11 | | contained in items (i), (ii), and (iii) of this subsection (g). | 12 | | If, at the end of such investigation, the Commission determines | 13 | | that a particular item of information should no longer be | 14 | | eligible for the affidavit-based process outlined in this | 15 | | subsection (g), the Commission may enter an order to remove | 16 | | that item from the list of items eligible for the process set | 17 | | forth in this subsection (g). Notwithstanding any such order, | 18 | | in the event the Commission makes such a determination, nothing | 19 | | in this subsection (g) prevents an alternative retail electric | 20 | | supplier desiring confidential treatment for such information | 21 | | from filing a formal petition with the Commission seeking | 22 | | confidential treatment for such information. | 23 | | (Source: P.A. 99-332, eff. 8-10-15.)
| 24 | | (220 ILCS 5/16-115A)
| 25 | | Sec. 16-115A.
Obligations of alternative retail electric
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| 1 | | suppliers.
| 2 | | (a) An alternative retail electric supplier shall:
| 3 | | (i) comply with the requirements imposed on public
| 4 | | utilities by Sections 8-201 through 8-207, 8-301, 8-505
and | 5 | | 8-507 of this Act, to the extent that these Sections
have | 6 | | application to the services being offered by the
| 7 | | alternative retail electric supplier; and
| 8 | | (ii) continue to comply with the requirements for
| 9 | | certification stated in subsection (d) of Section 16-115.
| 10 | | (b) An alternative retail electric supplier shall obtain | 11 | | verifiable
authorization from a customer, in a form or manner | 12 | | approved by the Commission
consistent with Section 2EE of the | 13 | | Consumer Fraud and Deceptive Business
Practices Act, before the | 14 | | customer is switched from another supplier.
| 15 | | (c) No alternative retail electric supplier, or electric
| 16 | | utility other than the electric utility in whose service area
a | 17 | | customer is located, shall (i) enter into or employ any
| 18 | | arrangements which have the effect of preventing a retail
| 19 | | customer with a maximum electrical demand of less than one
| 20 | | megawatt from having access to the services of the electric
| 21 | | utility in whose service area the customer is located or (ii)
| 22 | | charge retail customers for such access. This subsection shall | 23 | | not be
construed to prevent an arms-length agreement between a
| 24 | | supplier and a retail customer that sets a term of service, | 25 | | notice
period for terminating service and provisions governing | 26 | | early
termination through a tariff or contract as allowed by |
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| 1 | | Section 16-119.
| 2 | | (d) An alternative retail electric supplier that is
| 3 | | certified to serve residential or small commercial retail
| 4 | | customers shall not:
| 5 | | (1) deny service to a customer or group of customers
| 6 | | nor establish any differences as to prices, terms,
| 7 | | conditions, services, products, facilities, or in any
| 8 | | other respect, whereby such denial or differences are based | 9 | | upon
race, gender or income.
| 10 | | (2) deny service to a customer or group of customers | 11 | | based on locality
nor establish any unreasonable | 12 | | difference as to prices,
terms, conditions, services, | 13 | | products, or facilities as
between localities.
| 14 | | (e) An alternative retail electric supplier shall comply
| 15 | | with the following requirements with respect to the marketing,
| 16 | | offering and provision of products or services to residential
| 17 | | and small commercial retail customers:
| 18 | | (i) Any marketing materials which make
statements | 19 | | concerning prices, terms and conditions
of service shall | 20 | | contain information that adequately
discloses the prices, | 21 | | terms and conditions of the
products or services that the | 22 | | alternative retail
electric supplier is offering or | 23 | | selling to the
customer. All marketing materials, | 24 | | including electronic marketing materials, that include a | 25 | | price per kilowatt hour for competitive electricity | 26 | | service shall include the following statement: "(Name of |
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| 1 | | alternative retail electric supplier) is not the same | 2 | | entity as your electric utility delivery company. You are | 3 | | not required to enroll with (name of alternative retail | 4 | | electric supplier). For information on comparison rates | 5 | | for utility electric supply service and understanding your | 6 | | electric supply choices, go to the Illinois Commerce | 7 | | Commission's free website at www.pluginillinois.org.". | 8 | | This requirement does not apply to materials that do not | 9 | | list a price per kilowatt hour for competitive electricity | 10 | | services or to billboards.
| 11 | | (ii) Before any customer is switched from
another | 12 | | supplier, the alternative retail electric
supplier shall | 13 | | give the customer written information
that adequately | 14 | | discloses, in plain language, the
prices, terms and | 15 | | conditions of the products and
services being offered and | 16 | | sold to the customer.
| 17 | | (iii) An alternative retail electric supplier
shall | 18 | | provide documentation to the Commission and to
customers | 19 | | that substantiates any claims made by the
alternative | 20 | | retail electric supplier regarding the
technologies and | 21 | | fuel types used to generate the
electricity offered or sold | 22 | | to customers.
| 23 | | (iv) The alternative retail electric supplier
shall | 24 | | provide to the customer (1) itemized billing
statements | 25 | | that describe the products and services
provided to the | 26 | | customer and their prices, and (2)
an additional statement, |
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| 1 | | at least annually, that
adequately discloses the average | 2 | | monthly prices, and
the terms and conditions, of the | 3 | | products and
services sold to the customer.
| 4 | | (v) No less than 30 days before a residential | 5 | | customer's variable rate changes, the alternative retail | 6 | | electric supplier shall send a separate written notice to | 7 | | the customer informing the customer of an upcoming rate | 8 | | change if the residential variable rate customer's rate | 9 | | increases by more than 20% from one monthly billing period | 10 | | to the next. This requirement does not apply if the | 11 | | variable rate can be determined based on some combination | 12 | | of: (1) publicly available information, such as an index, | 13 | | and (2) a formula provided by the alternative retail | 14 | | electric supplier in the contract using only publicly | 15 | | available information or for time of use based pricing. A | 16 | | customer shall have the right to choose to receive the | 17 | | notice in electronic or paper form, including an option to | 18 | | receive notice via login through an online account with the | 19 | | alternative retail electric supplier. | 20 | | (vi) The alternative retail electric supplier shall | 21 | | send a separate written notice if a residential customer's | 22 | | contract includes a provision that results in a change to | 23 | | the residential customer's rate plan of the upcoming change | 24 | | at least 30 days, but no more than 60 days, before the | 25 | | change. The separate written notice shall conform to the | 26 | | requirements in 83 Ill. Adm. Code 412.165(e). A customer |
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| 1 | | shall have the right to choose to receive the notice in | 2 | | electronic or paper form, including an option to receive | 3 | | notice via login through an online account with the | 4 | | alternative retail electric supplier. | 5 | | For purposes of this subsection (e), "variable" means the | 6 | | per-unit charge for electric power and energy service changes | 7 | | at any time during the term of the contract but do not change | 8 | | more than once per billing period. | 9 | | (f) An alternative retail electric supplier may limit
the | 10 | | overall size or availability of a service offering by
| 11 | | specifying one or more of the following: a maximum number of
| 12 | | customers, maximum amount of electric load to be served, time
| 13 | | period during which the offering will be available, or other
| 14 | | comparable limitation, but not including the geographic
| 15 | | locations of customers within the area which the alternative
| 16 | | retail electric supplier is certificated to serve. The
| 17 | | alternative retail electric supplier shall file the terms and
| 18 | | conditions of such service offering including the applicable
| 19 | | limitations with the Commission prior to making the service
| 20 | | offering available to customers.
| 21 | | (g) Nothing in this Section shall be construed as
| 22 | | preventing an alternative retail electric supplier,
which is an | 23 | | affiliate of, or which contracts with, (i) an
industry or trade | 24 | | organization or association, (ii) a
membership organization or | 25 | | association that exists for a
purpose other than the purchase | 26 | | of electricity, or (iii)
another organization that meets |
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| 1 | | criteria established in a rule
adopted by the Commission, from | 2 | | offering through the
organization or association services at | 3 | | prices, terms and
conditions that are available solely to the | 4 | | members of the
organization or association.
| 5 | | (h) An alternative retail electric supplier shall maintain | 6 | | sufficient managerial resources and abilities to provide the | 7 | | service for which it has a certificate of service authority. In | 8 | | determining the level of managerial resources and abilities | 9 | | that the alternative retail electric supplier shall | 10 | | demonstrate, the Commission shall consider, in addition to the | 11 | | requirements in subsection (d) of Section 16-115, the | 12 | | following: | 13 | | (1) complaints to the Commission by consumers | 14 | | regarding the alternative retail electric supplier, | 15 | | including those that reflect on the alternative retail | 16 | | electric supplier's ability to properly manage | 17 | | solicitation and authorization; and | 18 | | (2) the alternative retail electric supplier's | 19 | | involvement in the Commission's consumer complaint | 20 | | process, including the resources the alternative retail | 21 | | electric supplier dedicates to the process and the | 22 | | alternative retail electric supplier's ability to manage | 23 | | the issues raised by complaints and the resolutions of the | 24 | | complaints. | 25 | | The provisions of this subsection (h) apply only to | 26 | | alternative retail electric suppliers serving or seeking to |
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| 1 | | serve residential or small commercial customers and only to the | 2 | | extent those alternative retail electric suppliers provide | 3 | | services to residential or small commercial customers, unless | 4 | | otherwise noted. | 5 | | For purposes of this subsection (h), "complaint" means an | 6 | | objection made to an alternative retail electric supplier by a | 7 | | customer as to its charges, facilities, or service, the | 8 | | disposal of which requires investigation or analysis. | 9 | | "Complaint" includes a customer identifying and asking an | 10 | | alternative retail electric supplier to address or resolve a | 11 | | problem or concern. "Complaint" does not include contact that | 12 | | is limited to inquiry or seeking information. | 13 | | (i) Complaints may be filed with the Commission under this | 14 | | Section by a customer whose electric supply service has been | 15 | | provided by an alternative electric supplier in a manner not in | 16 | | compliance with subsection (b), (d), (e), or (h). If, after | 17 | | notice and hearing, the Commission finds that an alternative | 18 | | retail electric supplier has violated subsection (b), (d), (e), | 19 | | or (h), then the Commission may, in its discretion, do any one | 20 | | or more of the following: | 21 | | (1) require the violating alternative retail electric | 22 | | supplier to refund the customer charges collected in excess | 23 | | of those that would have been charged by the customer's | 24 | | authorized electric provider; | 25 | | (2) require the violating alternative retail electric | 26 | | supplier to pay a fine of $5,000 for each violation; |
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| 1 | | (3) issue a cease and desist order; or | 2 | | (4) for a pattern of violations or for intentionally | 3 | | violating a cease and desist order, revoke the violating | 4 | | alternative retail electric supplier's certificate of | 5 | | service authority. | 6 | | (j) All fines shall be deposited into the Alternative | 7 | | Retail Electric Supplier and Alternative Gas Supplier | 8 | | Enforcement and Consumer Education Operations Account. | 9 | | (Source: P.A. 90-561, eff. 12-16-97.)
| 10 | | (220 ILCS 5/16-115B)
| 11 | | Sec. 16-115B.
Commission oversight of services provided
by | 12 | | alternative retail electric suppliers.
| 13 | | (a) The Commission shall have jurisdiction in accordance
| 14 | | with the provisions of Article X of this Act to entertain and | 15 | | dispose of
any complaint against any alternative retail | 16 | | electric supplier
alleging (i) that the alternative retail | 17 | | electric supplier has
violated or is in nonconformance with any | 18 | | applicable
provisions of Section 16-115 through Section | 19 | | 16-115A; (ii) that
an alternative retail electric supplier | 20 | | serving retail
customers having maximum demands of less than | 21 | | one megawatt has
failed to provide service in accordance with | 22 | | the terms of its
contract or contracts with such customer or | 23 | | customers; (iii)
that the alternative retail electric supplier | 24 | | has violated or
is in non-conformance with the delivery | 25 | | services tariff of, or
any of its agreements relating to |
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| 1 | | delivery services with, the
electric utility, municipal | 2 | | system, or electric cooperative
providing delivery services; | 3 | | or (iv) that the alternative
retail electric supplier has | 4 | | violated or failed to comply with
the requirements of Sections | 5 | | 8-201 through 8-207, 8-301, 8-505,
or 8-507 of this Act as made | 6 | | applicable to alternative retail
electric suppliers.
| 7 | | (b) By January 1 of 2019 and by January 1 of each year | 8 | | thereafter, the Commission shall have the authority on its own | 9 | | motion to order an alternative retail electric supplier to | 10 | | enter into a Commission compliance plan as described below: | 11 | | (1) The Commission shall annually review the previous | 12 | | 12 months of complaint statistics for trends and patterns, | 13 | | including whether particular alternative retail electric | 14 | | suppliers have consistently higher than average complaint | 15 | | rates related to a specific marketing channel. The | 16 | | Commission shall do so without initiating a docketed | 17 | | proceeding. | 18 | | (2) If the Commission determines that an alternative | 19 | | retail electric supplier has a consistently higher than | 20 | | average complaint rate related to a specific marketing | 21 | | channel, the Commission staff shall informally investigate | 22 | | the reasons for the consistently higher than average | 23 | | complaint rate. The informal investigation shall include | 24 | | at least one invitation to the affected alternative retail | 25 | | electric supplier for a meeting. Subject to the limitations | 26 | | in paragraph (3), the results of the information |
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| 1 | | investigation shall be confidential. | 2 | | (3) If, pursuant to its informal investigation, the | 3 | | Commission staff recommends that the Commission pursue a | 4 | | compliance plan for a particular alternative retail | 5 | | electric supplier, then the Commission staff shall provide | 6 | | the Commission with a report. Upon receipt of the report, | 7 | | the Commission may open a proceeding to consider whether to | 8 | | impose a compliance plan and what that plan shall include. | 9 | | The Commission shall issue a final order in this proceeding | 10 | | no later than one year after the proceeding is initiated. | 11 | | (4) A compliance plan shall be developed to address the | 12 | | substance of complaints identified in the report prepared | 13 | | pursuant to paragraph (3) or other substantiated | 14 | | complaints and shall be proportional to the substantiated | 15 | | violations of this Act, the Commission's rules, or other | 16 | | legal requirements imposed on the alternative retail | 17 | | electric supplier. | 18 | | (5) Upon its own motion or on complaint of a party, if | 19 | | the Commission finds that an alternative retail electric | 20 | | supplier did not follow its compliance plan and failed to | 21 | | cure any defects or deficiencies in compliance within a | 22 | | reasonable time frame, the Commission may impose a penalty | 23 | | consistent with subsections (c) and (d). | 24 | | For purposes of this subsection (b), "complaint" means an | 25 | | objection made to an alternative retail electric supplier, by a | 26 | | customer or another entity, as to its charges, facilities, or |
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| 1 | | service, the disposal of which requires investigation or | 2 | | analysis. "Complaint" includes a customer or other entity | 3 | | identifying and asking an alternative retail electric supplier | 4 | | to address or resolve a problem or concern. "Complaint" does | 5 | | not include contact that is limited to inquiry or seeking | 6 | | information. | 7 | | (c) (b) The Commission shall have authority, after notice
| 8 | | and hearing held on complaint or on the Commission's own
| 9 | | motion , to do any one or more of the following :
| 10 | | (1) If the Commission finds, upon receipt of a report | 11 | | pursuant to paragraph (3) of subsection (b), sufficient | 12 | | evidence of a repeated pattern of conduct or circumstances | 13 | | that is contrary to Section 16-115A and 83 Adm. Ill. Code | 14 | | Part 412 and that the public interest, safety, and welfare | 15 | | imperatively requires immediate action, issue an informal | 16 | | notice, without initiating a docketed proceeding, to the | 17 | | alternative retail electric supplier to show cause why an | 18 | | order to cease and desist should not be entered against the | 19 | | alternative retail electric supplier. The Commission's | 20 | | informal notice shall clearly set forth the evidence relied | 21 | | upon by the Commission, including, but not limited to, the | 22 | | provisions in subsection (d) of Section 16-115 and | 23 | | subsection (h) of Section 16-115A. The Commission shall | 24 | | allow the alternative retail electric supplier at least 10 | 25 | | business days from the date of the informal notice to file | 26 | | an answer to the satisfaction of the Commission. Failure of |
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| 1 | | the alternative retail electric supplier to answer to the | 2 | | satisfaction of the Commission shall cause an order to | 3 | | cease and desist to be issued immediately by the | 4 | | Commission.
| 5 | | (2) Order (1) To order an alternative retail electric | 6 | | supplier
to cease and desist, or correct, any violation of | 7 | | or non-conformance with the
provisions of Section 16-115 or | 8 | | 16-115A . ;
| 9 | | (3) Impose (2) To impose financial penalties for | 10 | | violations of
or non-conformances with the provisions of | 11 | | Section 16-115 or 16-115A,
not to exceed (i) $10,000 per | 12 | | occurrence or (ii) $30,000
per day for those violations or | 13 | | non-conformances which
continue after the Commission | 14 | | issues a cease and desist
order . ; and
| 15 | | (4) Alter (3) To alter , modify, revoke , or suspend the
| 16 | | certificate of service authority of an alternative retail
| 17 | | electric supplier for substantial or repeated violations
| 18 | | of or non-conformances with the provisions of
Section | 19 | | 16-115 or 16-115A.
| 20 | | (d) If the Commission assesses a penalty against an | 21 | | alternative retail electric supplier under any provision of | 22 | | this Article XVI, the Commission shall determine on a | 23 | | case-by-case basis the value of that penalty based on the | 24 | | following factors: | 25 | | (1) the nature of the violations found and the | 26 | | alternative retail electric supplier's history of |
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| 1 | | substantiated complaints or adjudicated violations; | 2 | | (2) the alternative retail electric supplier's | 3 | | culpability; | 4 | | (3) whether the factual and legal circumstances | 5 | | surrounding the violations were clear at the time of the | 6 | | violation; | 7 | | (4) whether the alternative retail electric supplier | 8 | | had actual notice of the violations with a reasonable time | 9 | | to mitigate; | 10 | | (5) existence or strength of compliance and internal | 11 | | monitoring programs; | 12 | | (6) whether the alternative retail electric supplier | 13 | | made a good faith effort to compensate consumers harmed; | 14 | | and | 15 | | (7) any context-appropriate factors that the | 16 | | Commission deems appropriate. | 17 | | The Commission may by majority vote adopt and change from | 18 | | time to time a public guidance document setting out its | 19 | | interpretation of this subsection. | 20 | | (e) All fines shall be deposited into the Alternative | 21 | | Retail Electric Supplier and Alternative Gas Supplier | 22 | | Enforcement and Consumer Education Operations Account. | 23 | | (f) The Commission shall conduct at least one mandatory | 24 | | compliance education workshop annually for alternative retail | 25 | | electric suppliers that service retail and small commercial | 26 | | retail customers in an electric utility's service area |
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| 1 | | regarding statutory and rule requirements, consumer complaint | 2 | | statistics, and any other information determined necessary by | 3 | | the Commission. Completion of the Commission's compliance | 4 | | workshop by an alternative retail electric supplier must be in | 5 | | person and is a condition for continuing compliance with | 6 | | certification requirements for an alternative retail electric | 7 | | supplier under 83 Ill. Adm. Code 451.Subpart H. | 8 | | (Source: P.A. 90-561, eff. 12-16-97.)
| 9 | | (220 ILCS 5/16-119)
| 10 | | Sec. 16-119. Switching suppliers. | 11 | | (a) An electric utility or an alternative retail electric
| 12 | | supplier may establish a term of service, notice period for
| 13 | | terminating service and provisions governing early termination
| 14 | | through a tariff or contract. A customer may change its
| 15 | | supplier subject to tariff or contract terms and conditions.
| 16 | | Any notice provisions; or provision for a fee, charge or
| 17 | | penalty with early termination of a contract; shall be
| 18 | | conspicuously disclosed in any tariff or contract. Any tariff | 19 | | filed or contract renewed or entered into on and after the | 20 | | effective date of this amendatory Act of the 99th General | 21 | | Assembly that contains an early termination clause shall | 22 | | disclose the amount of the early termination fee or penalty, | 23 | | provided that any early termination fee or penalty shall not | 24 | | exceed $50 total for residential customers and $150 for small | 25 | | commercial retail customers as defined in Section 16-102 of |
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| 1 | | this Act, regardless of whether or not the tariff or contract | 2 | | is a multiyear tariff or contract. A customer
shall remain | 3 | | responsible for any unpaid charges owed to an
electric utility | 4 | | or alternative retail electric supplier at
the time it switches | 5 | | to another provider.
| 6 | | The caps on early termination fees and penalties under this | 7 | | Section shall apply only to early termination fees and | 8 | | penalties for early termination of electric service. The caps | 9 | | shall not apply to charges or fees for devices, equipment, or | 10 | | other services provided by the utility or alternative retail | 11 | | electric supplier. | 12 | | (b) Notwithstanding the requirements of subsection (a), | 13 | | each electric utility shall, within 90 days after the effective | 14 | | date of this amendatory Act of the 100th General Assembly, | 15 | | modify its tariff carrying out this Section to reflect the | 16 | | following: | 17 | | (1) No customer who is receiving Low-Income Home Energy | 18 | | Assistance Program funds may be switched to an alternative | 19 | | retail electric supplier except subject to a government | 20 | | aggregation program or to an order entered by the | 21 | | Commission that approves a Low-Income Home Energy | 22 | | Assistance Program savings guarantee plan for alternative | 23 | | retail electric supplier offerings. | 24 | | (2) If an alternative retail electric supplier | 25 | | attempts to enroll a Low-Income Home Energy Assistance | 26 | | Program customer other than through a government |
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| 1 | | aggregation program or an order entered by the Commission | 2 | | that approves a Low-Income Energy Assistance Program | 3 | | savings guarantee plan for alternative retail electric | 4 | | supplier offerings, the electric utility shall deny the | 5 | | supplier switch and inform the alternative retail electric | 6 | | supplier of the reason. | 7 | | (Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
| 8 | | (220 ILCS 5/19-115)
| 9 | | Sec. 19-115. Obligations of alternative gas suppliers.
| 10 | | (a) The provisions of this Section shall apply only to | 11 | | alternative gas
suppliers
serving or seeking to serve | 12 | | residential or small commercial customers and
only to the | 13 | | extent such
alternative gas suppliers provide services to | 14 | | residential or small
commercial customers.
| 15 | | (b) An alternative gas supplier shall:
| 16 | | (1) comply with the requirements imposed on public | 17 | | utilities by Sections
8-201 through 8-207, 8-301, 8-505 and | 18 | | 8-507 of this Act, to the
extent that these Sections have | 19 | | application to the services being
offered by the | 20 | | alternative gas supplier;
| 21 | | (2) continue to comply with the requirements for | 22 | | certification stated
in
Section 19-110;
| 23 | | (3) comply with complaint procedures established by | 24 | | the Commission; | 25 | | (4) except as provided in subsection (h) of this |
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| 1 | | Section, file with the Chief Clerk of the Commission, | 2 | | within 20 business days after the effective date of this | 3 | | amendatory Act of the 95th General Assembly, a copy of bill | 4 | | formats, standard customer contract and customer complaint | 5 | | and resolution procedures, and the name and telephone | 6 | | number of the company representative whom Commission | 7 | | employees may contact to resolve customer complaints and | 8 | | other matters. In the case of a gas supplier that engages | 9 | | in door-to-door solicitation, the company shall file with | 10 | | the Commission the consumer information disclosure | 11 | | required by item (3) of subsection (c) of Section 2DDD of | 12 | | the Consumer Fraud and Deceptive Business Practices Act and | 13 | | shall file updated information within 10 business days | 14 | | after changes in any of the documents or information | 15 | | required to be filed by this item (4); and | 16 | | (5) maintain a customer call center where customers can | 17 | | reach a representative and receive current information. At | 18 | | least once every 6 months, each alternative gas supplier | 19 | | shall provide written information to customers explaining | 20 | | how to contact the call center. The average answer time for | 21 | | calls placed to the call center shall not exceed 60 seconds | 22 | | where a representative or automated system is ready to | 23 | | render assistance and/or accept information to process | 24 | | calls. The abandon rate for calls placed to the call center | 25 | | shall not exceed 10%. Each alternative gas supplier shall | 26 | | maintain records of the call center's telephone answer time |
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| 1 | | performance and abandon call rate. These records shall be | 2 | | kept for a minimum of 2 years and shall be made available | 3 | | to Commission personnel upon request. In the event that | 4 | | answer times and/or abandon rates exceed the limits | 5 | | established above, the reporting alternative gas supplier | 6 | | may provide the Commission or its personnel with | 7 | | explanatory details. At a minimum, these records shall | 8 | | contain the following information in monthly increments: | 9 | | (A) total number of calls received; | 10 | | (B) number of calls answered; | 11 | | (C) average answer time; | 12 | | (D) number of abandoned calls; and | 13 | | (E) abandon call rate. | 14 | | Alternative gas suppliers that do not have electronic | 15 | | answering capability that meets these requirements shall | 16 | | notify the Manager of the Commission's Consumer Services | 17 | | Division or its successor within 30 days following the | 18 | | effective date of this amendatory Act of the 95th General | 19 | | Assembly and work with Staff to develop individualized | 20 | | reporting requirements as to the call volume and responsiveness | 21 | | of the call center. | 22 | | On or before March 1 of every year, each entity shall file | 23 | | a report with the Chief Clerk of the Commission for the | 24 | | preceding calendar year on its answer time and abandon call | 25 | | rate for its call center. A copy of the report shall be sent to | 26 | | the Manager of the Consumer Services Division or its successor. |
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| 1 | | (c) An alternative gas supplier shall not submit or execute | 2 | | a change in a customer's selection of a natural gas provider | 3 | | unless and until (i) the alternative gas supplier first | 4 | | discloses all material terms and conditions of the offer to the | 5 | | customer; (ii) the alternative gas supplier has obtained the | 6 | | customer's express agreement to accept the offer after the | 7 | | disclosure of all material terms and conditions of the offer; | 8 | | and (iii) the alternative gas supplier has confirmed the | 9 | | request for a change in accordance with one of the following | 10 | | procedures: | 11 | | (1) The alternative gas supplier has obtained the | 12 | | customer's written or electronically signed authorization | 13 | | in a form that meets the following requirements: | 14 | | (A) An alternative gas supplier shall obtain any | 15 | | necessary written or electronically signed | 16 | | authorization from a customer for a change in natural | 17 | | gas service by using a letter of agency as specified in | 18 | | this Section. Any letter of agency that does not | 19 | | conform with this Section is invalid. | 20 | | (B) The letter of agency shall be a separate | 21 | | document (or an easily separable document containing | 22 | | only the authorization language described in item (E) | 23 | | of this paragraph (1)) whose sole purpose is to | 24 | | authorize a natural gas provider change. The letter of | 25 | | agency must be signed and dated by the customer | 26 | | requesting the natural gas provider change. |
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| 1 | | (C) The letter of agency shall not be combined with | 2 | | inducements of any kind on the same document. | 3 | | (D) Notwithstanding items (A) and (B) of this | 4 | | paragraph (1), the letter of agency may be combined | 5 | | with checks that contain only the required letter of | 6 | | agency language prescribed in item (E) of this | 7 | | paragraph (1) and the necessary information to make the | 8 | | check a negotiable instrument. The letter of agency | 9 | | check shall not contain any promotional language or | 10 | | material. The letter of agency check shall contain in | 11 | | easily readable, bold face type on the face of the | 12 | | check a notice that the consumer is authorizing a | 13 | | natural gas provider change by signing the check. The | 14 | | letter of agency language also shall be placed near the | 15 | | signature line on the back of the check. | 16 | | (E) At a minimum, the letter of agency must be | 17 | | printed with a print of sufficient size to be clearly | 18 | | legible and must contain clear and unambiguous | 19 | | language that confirms: | 20 | | (i) the customer's billing name and address; | 21 | | (ii) the decision to change the natural gas | 22 | | provider from the current provider to the | 23 | | prospective alternative gas supplier; | 24 | | (iii) the terms, conditions, and nature of the | 25 | | service to be provided to the customer, including, | 26 | | but not limited to, the rates for the service |
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| 1 | | contracted for by the customer; and | 2 | | (iv) that the customer understands that any | 3 | | natural gas provider selection the customer | 4 | | chooses may involve a charge to the customer for | 5 | | changing the customer's natural gas provider. | 6 | | (F) Letters of agency shall not suggest or require | 7 | | that a customer take some action in order to retain the | 8 | | customer's current natural gas provider. | 9 | | (G) If any portion of a letter of agency is | 10 | | translated into another language, then all portions of | 11 | | the letter of agency must be translated into that | 12 | | language. | 13 | | (2) An appropriately qualified independent third party | 14 | | has obtained, in accordance with the procedures set forth | 15 | | in this paragraph (2), the customer's oral authorization to | 16 | | change natural gas providers that confirms and includes | 17 | | appropriate verification data. The independent third party | 18 | | must (i) not be owned, managed, controlled, or directed by | 19 | | the alternative gas supplier or the alternative gas | 20 | | supplier's marketing agent; (ii) not have any financial | 21 | | incentive to confirm provider change requests for the | 22 | | alternative gas supplier or the alternative gas supplier's | 23 | | marketing agent; and (iii) operate in a location physically | 24 | | separate from the alternative gas supplier or the | 25 | | alternative gas supplier's marketing agent. Automated | 26 | | third-party verification systems and 3-way conference |
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| 1 | | calls may be used for verification purposes so long as the | 2 | | other requirements of this paragraph (2) are satisfied. An | 3 | | alternative gas supplier or alternative gas supplier's | 4 | | sales representative initiating a 3-way conference call or | 5 | | a call through an automated verification system must drop | 6 | | off the call once the 3-way connection has been | 7 | | established. All third-party verification methods shall | 8 | | elicit, at a minimum, the following information: | 9 | | (A) the identity of the customer; | 10 | | (B) confirmation that the person on the call is | 11 | | authorized to make the provider change; | 12 | | (C) confirmation that the person on the call wants | 13 | | to make the provider change; | 14 | | (D) the names of the providers affected by the | 15 | | change; | 16 | | (E) the service address of the service to be | 17 | | switched; and | 18 | | (F) the price of the service to be provided and the | 19 | | material terms and conditions of the service being | 20 | | offered, including whether any early termination fees | 21 | | apply. | 22 | | Third-party verifiers may not market the alternative | 23 | | gas supplier's services by providing additional | 24 | | information. All third-party verifications shall be | 25 | | conducted in the same language that was used in the | 26 | | underlying sales transaction and shall be recorded in their |
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| 1 | | entirety. Submitting alternative gas suppliers shall | 2 | | maintain and preserve audio records of verification of | 3 | | customer authorization for a minimum period of 2 years | 4 | | after obtaining the verification. Automated systems must | 5 | | provide customers with an option to speak with a live | 6 | | person at any time during the call. | 7 | | (3) The alternative gas supplier has obtained the | 8 | | customer's authorization via an automated verification | 9 | | system to change natural gas service via telephone. An | 10 | | automated verification system is an electronic system | 11 | | that, through pre-recorded prompts, elicits voice | 12 | | responses, touchtone responses, or both, from the customer | 13 | | and records both the prompts and the customer's responses. | 14 | | Such authorization must elicit the information in | 15 | | paragraph (2)(A) through (F) of this subsection (c). | 16 | | Alternative gas suppliers electing to confirm sales | 17 | | electronically through an automated verification system | 18 | | shall establish one or more toll-free telephone numbers | 19 | | exclusively for that purpose. Calls to the number or | 20 | | numbers shall connect a customer to a voice response unit, | 21 | | or similar mechanism, that makes a date-stamped, | 22 | | time-stamped recording of the required information | 23 | | regarding the alternative gas supplier change. | 24 | | The alternative gas supplier shall not use such | 25 | | electronic authorization systems to market its services. | 26 | | (4) When a consumer initiates the call to the |
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| 1 | | prospective alternative gas supplier, in order to enroll | 2 | | the consumer as a customer, the prospective alternative gas | 3 | | supplier must, with the consent of the customer, make a | 4 | | date-stamped, time-stamped audio recording that elicits, | 5 | | at a minimum, the following information: | 6 | | (A) the identity of the customer; | 7 | | (B) confirmation that the person on the call is | 8 | | authorized to make the provider change; | 9 | | (C) confirmation that the person on the call wants | 10 | | to make the provider change; | 11 | | (D) the names of the providers affected by the | 12 | | change; | 13 | | (E) the service address of the service to be | 14 | | switched; and | 15 | | (F) the price of the service to be supplied and the | 16 | | material terms and conditions of the service being | 17 | | offered, including whether any early termination fees | 18 | | apply. | 19 | | Submitting alternative gas suppliers shall maintain | 20 | | and preserve the audio records containing the information | 21 | | set forth above for a minimum period of 2 years. | 22 | | (5) In the event that a customer enrolls for service | 23 | | from an alternative gas supplier via an Internet website, | 24 | | the alternative gas supplier shall obtain an | 25 | | electronically signed letter of agency in accordance with | 26 | | paragraph (1) of this subsection (c) and any customer |
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| 1 | | information shall be protected in accordance with all | 2 | | applicable statutes and regulations. In addition, an | 3 | | alternative gas supplier shall provide the following when | 4 | | marketing via an Internet website: | 5 | | (A) The Internet enrollment website shall, at a | 6 | | minimum, include: | 7 | | (i) a copy of the alternative gas supplier's | 8 | | customer contract that clearly and conspicuously | 9 | | discloses all terms and conditions; and | 10 | | (ii) a conspicuous prompt for the customer to | 11 | | print or save a copy of the contract. | 12 | | (B) Any electronic version of the contract shall be | 13 | | identified by version number, in order to ensure the | 14 | | ability to verify the particular contract to which the | 15 | | customer assents. | 16 | | (C) Throughout the duration of the alternative gas | 17 | | supplier's contract with a customer, the alternative | 18 | | gas supplier shall retain and, within 3 business days | 19 | | of the customer's request, provide to the customer an | 20 | | e-mail, paper, or facsimile of the terms and conditions | 21 | | of the numbered contract version to which the customer | 22 | | assents. | 23 | | (D) The alternative gas supplier shall provide a | 24 | | mechanism by which both the submission and receipt of | 25 | | the electronic letter of agency are recorded by time | 26 | | and date. |
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| 1 | | (E) After the customer completes the electronic | 2 | | letter of agency, the alternative gas supplier shall | 3 | | disclose conspicuously through its website that the | 4 | | customer has been enrolled, and the alternative gas | 5 | | supplier shall provide the customer an enrollment | 6 | | confirmation number. | 7 | | (6) When a customer is solicited in person by the | 8 | | alternative gas supplier's sales agent, the alternative | 9 | | gas supplier may only obtain the customer's authorization | 10 | | to change natural gas service through the method provided | 11 | | for in paragraph (2) of this subsection (c). | 12 | | Alternative gas suppliers must be in compliance with this | 13 | | subsection (c) within 90 days after the effective date of this | 14 | | amendatory Act of the 95th General Assembly. | 15 | | Notwithstanding the requirements under this subsection | 16 | | (c), each natural gas utility shall, within 90 days after the | 17 | | effective date of this amendatory Act of the 100th General | 18 | | Assembly, modify its tariff carrying out this Section to | 19 | | reflect the following: | 20 | | (i) No customer who is receiving Low-Income Home Energy | 21 | | Assistance Program funds may be switched to an alternative | 22 | | gas supplier except subject to government aggregation | 23 | | programs or to an order entered by the Commission that | 24 | | approves a Low-Income Home Energy Assistance savings | 25 | | guarantee plan for alternative gas supplier offerings. | 26 | | (ii) If an alternative gas supplier attempts to enroll |
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| 1 | | a Low-Income Home Energy Assistance Program customer other | 2 | | than through a government aggregation program or an order | 3 | | entered by the Commission that approves a Low-Income Home | 4 | | Energy Assistance Program savings guarantee plan for | 5 | | alternative gas supplier offerings, the natural gas | 6 | | utility shall deny the supplier switch and inform the | 7 | | alternative gas supplier of the reason. | 8 | | (d) Complaints may be filed with the Commission under this | 9 | | Section by a customer whose natural gas service has been | 10 | | provided by an alternative gas supplier in a manner not in | 11 | | compliance with subsection (c) of this Section. If, after | 12 | | notice and hearing, the Commission finds that an alternative | 13 | | gas supplier has violated subsection (c), then the Commission | 14 | | may in its discretion do any one or more of the following: | 15 | | (1) Require the violating alternative gas supplier to | 16 | | refund the customer charges collected in excess of those | 17 | | that would have been charged by the customer's authorized | 18 | | natural gas provider. | 19 | | (2) Require the violating alternative gas supplier to | 20 | | pay to the customer's authorized natural gas provider the | 21 | | amount the authorized natural gas provider would have | 22 | | collected for natural gas service. The Commission is | 23 | | authorized to reduce this payment by any amount already | 24 | | paid by the violating alternative gas supplier to the | 25 | | customer's authorized natural gas provider. | 26 | | (3) Require the violating alternative gas supplier to |
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| 1 | | pay a fine of up to $1,000 into the Public Utility Fund for | 2 | | each repeated and intentional violation of this Section. | 3 | | (4) Issue a cease and desist order. | 4 | | (5) For a pattern of violation of this Section or for | 5 | | intentionally violating a cease and desist order, revoke | 6 | | the violating alternative gas supplier's certificate of | 7 | | service authority.
| 8 | | (e) No alternative gas supplier shall:
| 9 | | (1) enter into or employ any
arrangements which have | 10 | | the effect of preventing any customer from having
access to
| 11 | | the services of the gas utility in whose service area the | 12 | | customer is located;
| 13 | | (2) charge customers for such access;
| 14 | | (3) bill for goods or services not authorized by the | 15 | | customer; or | 16 | | (4) bill for a disputed amount where the alternative | 17 | | gas supplier has been provided notice of such dispute. The | 18 | | supplier shall attempt to resolve a dispute with the | 19 | | customer. When the dispute is not resolved to the | 20 | | customer's satisfaction, the supplier shall inform the | 21 | | customer of the right to file an informal complaint with | 22 | | the Commission and provide contact information. While the | 23 | | pending dispute is active at the Commission, an alternative | 24 | | gas supplier may bill only for the undisputed amount until | 25 | | the Commission has taken final action on the complaint. | 26 | | (f) An alternative gas supplier that is certified to serve |
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| 1 | | residential
or small commercial customers shall not:
| 2 | | (1) deny service to a customer or group of customers | 3 | | nor
establish any differences as to prices, terms,
| 4 | | conditions, services, products, facilities, or in any | 5 | | other respect, whereby
such denial or differences are based | 6 | | upon race, gender, or income;
| 7 | | (2) deny service based on locality, nor establish any | 8 | | unreasonable
difference as to prices, terms, conditions, | 9 | | services, products, or facilities
as
between localities;
| 10 | | (3) include in any agreement a provision that obligates | 11 | | a customer to the terms of the agreement if the customer | 12 | | (i) moves outside the State of Illinois; (ii) moves to a | 13 | | location without a transportation service program; or | 14 | | (iii) moves to a location where the customer will not | 15 | | require natural gas service, provided that nothing in this | 16 | | subsection precludes an alternative gas supplier from | 17 | | taking any action otherwise available to it to collect a | 18 | | debt that arises out of service provided to the customer | 19 | | before the customer moved; or | 20 | | (4) assign the agreement to any alternative natural gas | 21 | | supplier, unless: | 22 | | (A) the supplier is an alternative gas supplier | 23 | | certified by the Commission; | 24 | | (B) the rates, terms, and conditions of the | 25 | | agreement being assigned do not change during the | 26 | | remainder of the time covered by the agreement; |
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| 1 | | (C) the customer is given no less than 30 days | 2 | | prior written notice of the assignment and contact | 3 | | information for the new supplier; and | 4 | | (D) the supplier assigning the contract provides | 5 | | contact information that a customer can use to resolve | 6 | | a dispute. | 7 | | (g) An alternative gas supplier shall comply with the | 8 | | following requirements
with respect to the marketing, | 9 | | offering, and provision of products or services:
| 10 | | (1) Any marketing materials which make statements | 11 | | concerning prices,
terms, and conditions of service shall | 12 | | contain information that
adequately discloses the prices, | 13 | | terms and conditions of the products
or services.
| 14 | | (2) Before any customer is switched from another | 15 | | supplier, the
alternative gas supplier shall give the | 16 | | customer written information
that clearly and | 17 | | conspicuously discloses, in plain language, the prices, | 18 | | terms, and
conditions of the products and services being | 19 | | offered and sold to the
customer. Nothing in this paragraph | 20 | | (2) may be read to relieve an alternative gas supplier from | 21 | | the duties imposed on it by item (3) of subsection (c) of | 22 | | Section 2DDD of the Consumer Fraud and Deceptive Business | 23 | | Practices Act.
| 24 | | (3) The alternative gas supplier shall provide to the | 25 | | customer:
| 26 | | (A) accurate, timely, and itemized billing |
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| 1 | | statements that describe
the products and services
| 2 | | provided to the customer and their prices
and that | 3 | | specify the
gas consumption amount and any service
| 4 | | charges and taxes; provided that this item (g)(3)(A) | 5 | | does not apply to small
commercial customers;
| 6 | | (B) billing statements that clearly and | 7 | | conspicuously discloses the name and contact | 8 | | information for the alternative gas supplier; | 9 | | (C) an additional
statement, at least annually, | 10 | | that adequately discloses the average
monthly prices, | 11 | | and the terms and conditions, of the products and
| 12 | | services sold to the customer; provided that this item | 13 | | (g)(3)(C) does not
apply to small commercial | 14 | | customers;
| 15 | | (D) refunds of any deposits with interest within 30 | 16 | | days after the
date
that the customer changes gas | 17 | | suppliers or discontinues service if the customer
has | 18 | | satisfied all of his or her outstanding financial | 19 | | obligations to the
alternative gas supplier at an | 20 | | interest rate set by the Commission which shall
be the | 21 | | same as that required of gas utilities; and
| 22 | | (E) refunds, in a timely fashion, of all undisputed | 23 | | overpayments upon
the oral or written request of the | 24 | | customer.
| 25 | | (4) An alternative gas supplier and its sales agents | 26 | | shall refrain from any direct marketing or soliciting to |
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| 1 | | consumers on the gas utility's "Do Not Contact List", which | 2 | | the alternative gas supplier shall obtain on the 15th | 3 | | calendar day of the month from the gas utility in whose | 4 | | service area the consumer is provided with gas service. If | 5 | | the 15th calendar day is a non-business day, then the | 6 | | alternative gas supplier shall obtain the list on the next | 7 | | business day following the 15th calendar day of that month. | 8 | | (5) Early Termination. | 9 | | (A) Any agreement that contains an early | 10 | | termination clause shall disclose the amount of the | 11 | | early termination fee, provided that any early | 12 | | termination fee or penalty shall not exceed $50 total, | 13 | | regardless of whether or not the agreement is a | 14 | | multiyear agreement. | 15 | | (B) In any agreement that contains an early | 16 | | termination clause, an alternative gas supplier shall | 17 | | provide the customer the opportunity to terminate the | 18 | | agreement without any termination fee or penalty | 19 | | within 10 business days after the date of the first | 20 | | bill issued to the customer for products or services | 21 | | provided by the alternative gas supplier. The | 22 | | agreement shall disclose the opportunity and provide a | 23 | | toll-free phone number that the customer may call in | 24 | | order to terminate the agreement. | 25 | | (6) Within 2 business days after electronic receipt of | 26 | | a customer switch from the alternative gas supplier and |
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| 1 | | confirmation of eligibility, the gas utility shall provide | 2 | | the customer written notice confirming the switch. The gas | 3 | | utility shall not switch the service until 10 business days | 4 | | after the date on the notice to the customer. | 5 | | (7) The alternative gas supplier shall provide each | 6 | | customer the opportunity to rescind its agreement without | 7 | | penalty within 10 business days after the date on the gas | 8 | | utility notice to the customer. The alternative gas | 9 | | supplier shall disclose all of the following: | 10 | | (A) that the gas utility shall send a notice | 11 | | confirming the switch; | 12 | | (B) that from the date the utility issues the | 13 | | notice confirming the switch, the customer shall have | 14 | | 10 business days to rescind the switch without penalty; | 15 | | (C) that the customer shall contact the gas utility | 16 | | or the alternative gas supplier to rescind the switch; | 17 | | and | 18 | | (D) the contact information for the gas utility. | 19 | | The alternative gas supplier disclosure shall be | 20 | | included in its sales solicitations, contracts, and all | 21 | | applicable sales verification scripts. | 22 | | (h) An alternative gas supplier may limit the overall size | 23 | | or availability
of
a
service offering by specifying one or more | 24 | | of the following:
| 25 | | (1) a maximum number
of
customers and maximum amount of | 26 | | gas load to be served;
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| 1 | | (2) time period during which
the
offering will be | 2 | | available; or
| 3 | | (3) other comparable limitation, but not including
the
| 4 | | geographic locations of customers within the area which the | 5 | | alternative gas
supplier is
certificated to serve.
| 6 | | The alternative gas supplier shall file the terms and
| 7 | | conditions of
such service offering including the applicable | 8 | | limitations with the Commission
prior to
making the service | 9 | | offering available to customers.
| 10 | | (i) Nothing in this Section shall be construed as | 11 | | preventing an alternative
gas
supplier that is an affiliate of, | 12 | | or which contracts with,
(i) an industry or
trade
organization | 13 | | or association,
(ii) a membership organization or association | 14 | | that
exists for
a purpose other than the purchase of gas, or
| 15 | | (iii) another organization that
meets criteria
established in a | 16 | | rule adopted by the Commission from offering through the
| 17 | | organization
or association services at prices, terms and | 18 | | conditions that are available
solely to the
members of the | 19 | | organization or association.
| 20 | | (Source: P.A. 95-1051, eff. 4-10-09.)
| 21 | | (220 ILCS 5/20-110) | 22 | | Sec. 20-110. Office of Retail Market Development. Within 90 | 23 | | days after the effective date of this amendatory Act of the | 24 | | 94th General Assembly, subject to appropriation, the | 25 | | Commission shall establish an Office of Retail Market |
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| 1 | | Development and employ on its staff a Director of Retail Market | 2 | | Development to oversee the Office. The Director shall have | 3 | | authority to employ or otherwise retain at least 2 | 4 | | professionals dedicated to the task of actively seeking out | 5 | | ways to promote retail competition in Illinois to benefit all | 6 | | Illinois consumers. | 7 | | The Office shall actively seek input from all interested | 8 | | parties and shall develop a thorough understanding and critical | 9 | | analyses of the tools and techniques used to promote retail | 10 | | competition in other states. | 11 | | The Office shall monitor existing competitive conditions | 12 | | in Illinois, identify barriers to retail competition for all | 13 | | customer classes, and actively explore and propose to the | 14 | | Commission and to the General Assembly solutions to overcome | 15 | | identified barriers. The Director may include municipal | 16 | | aggregation of customers and creating and designing customer | 17 | | choice programs as tools for retail market development. | 18 | | Solutions proposed by the Office to promote retail competition | 19 | | must also promote safe, reliable, and affordable electric | 20 | | service. | 21 | | On or before June 30 of each year, the Director shall | 22 | | submit a report to the Commission, the General Assembly, and | 23 | | the Governor, that details specific accomplishments achieved | 24 | | by the Office in the prior 12 months in promoting retail | 25 | | electric competition and that suggests administrative and | 26 | | legislative action necessary to promote further improvements |
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| 1 | | in retail electric competition. The report to the General | 2 | | Assembly shall be filed with the Clerk of the House of | 3 | | Representatives and the Secretary of State in electronic form | 4 | | only, in the manner that the Clerk and the Secretary shall | 5 | | direct. Any information in this report involving price | 6 | | comparisons between electric utilities, electric utilities | 7 | | providing service outside their service territories, or | 8 | | alternative retail electric suppliers shall also include the | 9 | | combined value of additional products and services offered by | 10 | | the competitive retail electric market, including, but not | 11 | | limited to, the cash value of energy control technologies | 12 | | provided, the megawatt hours of energy savings realized by | 13 | | customers utilizing energy control technologies, the megawatt | 14 | | hours of renewable energy exclusive of State mandated | 15 | | purchases, and the total amounts of cash or cash equivalent | 16 | | offers. The Commission may include other energy savings and | 17 | | marketing savings programs as they develop in the market.
| 18 | | (Source: P.A. 94-1095, eff. 2-2-07.) | 19 | | (220 ILCS 5/20-140 new) | 20 | | Sec. 20-140. Expanded use of energy savings programs. | 21 | | (a) The Commission may establish a program for promoting | 22 | | expanded use of energy savings programs for residential and | 23 | | small commercial customers. The program shall include the use | 24 | | of thermostats, lights, plugs, and other devices that allow a | 25 | | customer to control and reduce his or her energy usage. The |
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| 1 | | program shall not discriminate based on brand names and shall | 2 | | include ways to promote those devices and incentives for | 3 | | residential customers, including both homeowners and renters. | 4 | | (b) On or before September 1, 2018 and every 2 years | 5 | | thereafter, the Commission shall initiate a collaborative | 6 | | workshop for stakeholders, retail electric suppliers, | 7 | | advocates for energy savings, and industry representatives | 8 | | developing energy savings devices and applicants. | 9 | | (c) Any recommendations arising from the workshop process | 10 | | under this Section shall be included in the annual report of | 11 | | the Office of Retail Market Development. | 12 | | Section 10. The Citizens Utility Board Act is amended by | 13 | | changing Section 5 as follows:
| 14 | | (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
| 15 | | Sec. 5. Powers and duties.
| 16 | | (1) The corporation shall:
| 17 | | (a) Represent and protect the interests of the | 18 | | residential utility
consumers of this State. All actions by | 19 | | the corporation under this Act
shall be directed toward | 20 | | such duty; provided that the corporation may
also give due | 21 | | consideration to the interests of business in the State.
| 22 | | (b) Inform, in so far as possible, all utility | 23 | | consumers about the
corporation,
including the procedure | 24 | | for obtaining membership in the corporation.
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| 1 | | (2) The corporation shall have all the powers necessary or | 2 | | convenient
for the effective representation and protection of | 3 | | the interest of utility
consumers and to implement this Act, | 4 | | including the following powers in addition
to all other powers | 5 | | granted by this Act.
| 6 | | (a) To make, amend and repeal bylaws and rules for the | 7 | | regulation of its
affairs and the conduct of its business; | 8 | | to adopt an official seal and alter
it at pleasure; to | 9 | | maintain an office; to sue and be sued in its
own name, | 10 | | plead and be impleaded; and to make and execute contracts | 11 | | and
other instruments necessary or convenient to the | 12 | | exercise of the powers
of the corporation.
| 13 | | (b) To employ such agents, employees and special | 14 | | advisors as it finds
necessary and to fix their | 15 | | compensation.
| 16 | | (c) To solicit and accept gifts, loans, including loans | 17 | | made by the
Illinois Commerce Commission from funds | 18 | | appropriated for that purpose by
law, or other aid in order | 19 | | to support
activities concerning the interests of utility | 20 | | consumers. Except
as provided in Section 5.1, the | 21 | | corporation may not accept gifts,
loans or other aid from | 22 | | any
public utility or from any director, employee or agent | 23 | | or member of the
immediate family of a director, employee | 24 | | or agent of any public utility
and, after the first | 25 | | election the corporation, may not
accept
from any | 26 | | individual, private corporation, association or |
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| 1 | | partnership in any
single year a total of more than $1,000 | 2 | | in gifts. Under this paragraph,
"aid" does not mean payment | 3 | | of membership dues.
| 4 | | (d) To intervene as a party or otherwise participate on | 5 | | behalf of utility
consumers in any proceeding which affects | 6 | | the interest of utility consumers.
| 7 | | (e) To represent the interests of utility consumers | 8 | | before the Illinois
Commerce Commission, the Federal | 9 | | Energy Regulatory Commission, the Federal
Communications | 10 | | Commission, the courts, and other public bodies, except | 11 | | that
no director, employee or agent of the corporation may | 12 | | engage in lobbying
without first
complying with any | 13 | | applicable statute, administrative rule or other | 14 | | regulation
relating to lobbying.
| 15 | | (f) To establish annual dues which shall be set at a | 16 | | level that provides
sufficient funding for the corporation | 17 | | to effectively perform its powers
and duties, and is | 18 | | affordable for as many utility consumers as is possible.
| 19 | | (g) To implement solicitation for corporation funding | 20 | | and membership.
| 21 | | (h) To seek tax exempt status under State and federal | 22 | | law, including
501(c)(3) status under the United States | 23 | | Internal Revenue Code.
| 24 | | (i) To provide information and advice to utility | 25 | | consumers on any matter
with respect to utility service, | 26 | | including but not limited to information
and advice on |
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| 1 | | benefits and methods of energy conservation.
| 2 | | (3) The powers, duties, rights and privileges conferred or | 3 | | imposed upon
the corporation by this Act may not be | 4 | | transferred.
| 5 | | (4) The corporation shall refrain from interfering with | 6 | | collective
bargaining rights of any employees of a public | 7 | | utility.
| 8 | | (5) The corporation shall provide all consumer complaints | 9 | | regarding service by entities possessing a certificate of | 10 | | service authority as an alternative retail electric supplier | 11 | | under Section 16-115 of the Public Utilities Act and entities | 12 | | possessing certificates of service authority as an alternative | 13 | | gas supplier under Section 19-110 of the Public Utilities Act | 14 | | to the Consumer Services Division of the Illinois Commerce | 15 | | Commission. | 16 | | For purposes of this subsection (5), "complaint" means an | 17 | | objection made to an alternative retail electric supplier or to | 18 | | an alternative gas supplier by a customer or another entity as | 19 | | to its charges, facilities, or service, the disposal of which | 20 | | requires investigation or analysis. "Complaint" includes a | 21 | | customer or other entity identifying and asking an alternative | 22 | | retail electric supplier or alternative gas supplier to address | 23 | | or resolve a problem or concern. "Complaint" does not include | 24 | | contact that is limited to inquiry or seeking information. | 25 | | (Source: P.A. 91-50, eff. 6-30-99.)
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| 1 | | Section 15. The Consumer Fraud and Deceptive Business | 2 | | Practices Act is amended by changing Section 2EE as follows:
| 3 | | (815 ILCS 505/2EE)
| 4 | | Sec. 2EE. Electric service provider selection. An electric | 5 | | service provider shall not submit or execute
a change in a | 6 | | subscriber's selection of a provider of electric
service unless | 7 | | and until (i) the provider first discloses all material terms | 8 | | and conditions of the offer to the subscriber; (ii) the | 9 | | provider has obtained the subscriber's express agreement to | 10 | | accept the offer after the disclosure of all material terms and | 11 | | conditions of the offer; and (iii) the provider has confirmed | 12 | | the request for a change in accordance with one of the | 13 | | following procedures:
| 14 | | (a) The new electric service provider has obtained the
| 15 | | subscriber's
written or electronically signed
authorization in | 16 | | a form that meets the
following requirements:
| 17 | | (1) An electric service provider shall obtain any
| 18 | | necessary written or electronically signed authorization | 19 | | from a subscriber for a
change in electric service by using | 20 | | a letter of agency as
specified in this
Section. Any letter | 21 | | of agency that does
not conform with this
Section is | 22 | | invalid.
| 23 | | (2) The letter of agency shall be a separate
document | 24 | | (an easily separable document containing only
the | 25 | | authorization language described in subparagraph (a)(5)
of |
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| 1 | | this
Section) whose sole purpose is to authorize an
| 2 | | electric service provider change. The letter of agency
must | 3 | | be signed and dated by the subscriber requesting the
| 4 | | electric service provider change.
| 5 | | (3) The letter of agency shall not be combined with
| 6 | | inducements of any kind on the same document.
| 7 | | (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
| 8 | | this
Section, the letter of agency may be combined with
| 9 | | checks that contain only the required letter of agency
| 10 | | language prescribed in subparagraph (a)(5)
of this Section | 11 | | and
the necessary information to make the check a | 12 | | negotiable
instrument. The letter of agency check shall not | 13 | | contain
any promotional language or material. The letter of
| 14 | | agency check shall contain in easily readable, bold-face
| 15 | | type on the face of the check, a notice that the consumer
| 16 | | is authorizing an electric service provider change by
| 17 | | signing the check. The letter of agency language also
shall | 18 | | be placed near the signature line on the back of
the check.
| 19 | | (5) At a minimum, the letter of agency must be
printed | 20 | | with a print of sufficient size to be clearly
legible, and | 21 | | must contain clear and unambiguous language
that confirms:
| 22 | | (i) The subscriber's billing name and address;
| 23 | | (ii) The decision to change the electric service
| 24 | | provider from the current provider to the
prospective | 25 | | provider;
| 26 | | (iii) The terms, conditions, and nature of the
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| 1 | | service to be provided to the subscriber must be
| 2 | | clearly and conspicuously disclosed, in writing, and
| 3 | | an electric service provider must directly establish
| 4 | | the rates for the service contracted for by the
| 5 | | subscriber; and
| 6 | | (iv) That the subscriber understand that any
| 7 | | electric service provider selection the subscriber
| 8 | | chooses may involve a charge to the subscriber for
| 9 | | changing the subscriber's electric service provider.
| 10 | | (6) Letters of agency shall not suggest or require
that | 11 | | a subscriber take some action in order to retain the
| 12 | | subscriber's current electric service provider.
| 13 | | (7) If any portion of a letter of agency is
translated | 14 | | into another language, then all portions of
the letter of | 15 | | agency must be translated into that
language.
| 16 | | (b) An appropriately qualified independent third party has | 17 | | obtained, in accordance with the procedures set forth in this | 18 | | subsection (b), the subscriber's oral authorization to change | 19 | | electric suppliers that confirms and includes appropriate | 20 | | verification data. The independent third party (i) must not be | 21 | | owned, managed, controlled, or directed by the supplier or the | 22 | | supplier's marketing agent; (ii) must not have any financial | 23 | | incentive to confirm supplier change requests for the supplier | 24 | | or the supplier's marketing agent; and (iii) must operate in a | 25 | | location physically separate from the supplier or the | 26 | | supplier's marketing agent.
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| 1 | | Automated third-party verification systems and 3-way | 2 | | conference calls may be used for verification purposes so long | 3 | | as the other requirements of this subsection (b) are satisfied. | 4 | | A supplier or supplier's sales representative initiating a | 5 | | 3-way conference call or a call through an automated | 6 | | verification system must drop off the call once the 3-way | 7 | | connection has been established. | 8 | | All third-party verification methods shall elicit, at a | 9 | | minimum, the following information: (i) the identity of the | 10 | | subscriber; (ii) confirmation that the person on the call is | 11 | | authorized to make the supplier change; (iii) confirmation that | 12 | | the person on the call wants to make the supplier change; (iv) | 13 | | the names of the suppliers affected by the change; (v) the | 14 | | service address of the supply to be switched; and (vi) the | 15 | | price of the service to be supplied and the material terms and | 16 | | conditions of the service being offered, including whether any | 17 | | early termination fees apply. Third-party verifiers may not | 18 | | market the supplier's services by providing additional | 19 | | information, including information regarding procedures to | 20 | | block or otherwise freeze an account against further changes. | 21 | | All third-party verifications shall be conducted in the | 22 | | same language that was used in the underlying sales transaction | 23 | | and shall be recorded in their entirety. Submitting suppliers | 24 | | shall maintain and preserve audio records or electronic | 25 | | versions, if automated, of verification of subscriber | 26 | | authorization for a minimum period of 2 years after obtaining |
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| 1 | | the verification. Automated systems must provide consumers | 2 | | with an option to speak with a live person at any time during | 3 | | the call.
| 4 | | (c) When a subscriber initiates the call to the prospective | 5 | | electric supplier, in order to enroll the subscriber as a | 6 | | customer, the prospective electric supplier must, with the | 7 | | consent of the customer, make a date-stamped, time-stamped | 8 | | audio recording that elicits, at a minimum, the following | 9 | | information: | 10 | | (1) the identity of the subscriber; | 11 | | (2) confirmation that the person on the call is | 12 | | authorized to make the supplier change; | 13 | | (3) confirmation that the person on the call wants to | 14 | | make the supplier change; | 15 | | (4) the names of the suppliers affected by the change; | 16 | | (5) the service address of the supply to be switched; | 17 | | and | 18 | | (6) the price of the service to be supplied and the | 19 | | material terms and conditions of the service being offered, | 20 | | including whether any early termination fees apply.
| 21 | | Submitting suppliers shall maintain and preserve the audio | 22 | | records containing the information set forth above for a | 23 | | minimum period of 2 years.
| 24 | | (d) Complaints may be filed with the Illinois Commerce | 25 | | Commission under this Section by a subscriber whose electric | 26 | | service has been provided by an electric service supplier in a |
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| 1 | | manner not in compliance with this Section. If, after notice | 2 | | and hearing, the Commission finds that an electric service | 3 | | provider has violated this Section, the Commission may in its | 4 | | discretion do any one or more of the following: | 5 | | (1) Require the violating electric service provider to | 6 | | refund to the subscriber charges collected in excess of | 7 | | those that would have been charged by the subscriber's | 8 | | authorized electric service provider. | 9 | | (2) Require the violating electric service provider to | 10 | | pay to the subscriber's authorized electric supplier the | 11 | | amount the authorized electric supplier would have | 12 | | collected for the electric service. The Commission is | 13 | | authorized to reduce this payment by any amount already | 14 | | paid by the violating electric supplier to the subscriber's | 15 | | authorized provider for electric service. | 16 | | (3) Require the violating electric subscriber to pay a | 17 | | fine of up to $1,000 into the Public Utility Fund for each | 18 | | repeated and intentional violation of this Section. | 19 | | (4) Issue a cease and desist order. | 20 | | (5) For a pattern of violation of this Section or for | 21 | | intentionally violating a cease and desist order, revoke | 22 | | the violating provider's certificate of service authority.
| 23 | | (e) For purposes of this
Section, "electric service | 24 | | provider"
shall have the meaning given that phrase in
Section | 25 | | 6.5 of the
Attorney General Act.
| 26 | | (Source: P.A. 95-700, eff. 11-9-07.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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