Illinois General Assembly - Full Text of SB2433
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Full Text of SB2433  102nd General Assembly

SB2433sam001 102ND GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 4/9/2021

 

 


 

 


 
10200SB2433sam001LRB102 17324 SPS 24748 a

1
AMENDMENT TO SENATE BILL 2433

2    AMENDMENT NO. ______. Amend Senate Bill 2433 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Utilities Act is amended by
5changing Section 16-108 as follows:
 
6    (220 ILCS 5/16-108)
7    Sec. 16-108. Recovery of costs associated with the
8provision of delivery and other services.
9    (a) An electric utility shall file a delivery services
10tariff with the Commission at least 210 days prior to the date
11that it is required to begin offering such services pursuant
12to this Act. An electric utility shall provide the components
13of delivery services that are subject to the jurisdiction of
14the Federal Energy Regulatory Commission at the same prices,
15terms and conditions set forth in its applicable tariff as
16approved or allowed into effect by that Commission. The

 

 

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1Commission shall otherwise have the authority pursuant to
2Article IX to review, approve, and modify the prices, terms
3and conditions of those components of delivery services not
4subject to the jurisdiction of the Federal Energy Regulatory
5Commission, including the authority to determine the extent to
6which such delivery services should be offered on an unbundled
7basis. In making any such determination the Commission shall
8consider, at a minimum, the effect of additional unbundling on
9(i) the objective of just and reasonable rates, (ii) electric
10utility employees, and (iii) the development of competitive
11markets for electric energy services in Illinois.
12    (b) The Commission shall enter an order approving, or
13approving as modified, the delivery services tariff no later
14than 30 days prior to the date on which the electric utility
15must commence offering such services. The Commission may
16subsequently modify such tariff pursuant to this Act.
17    (c) The electric utility's tariffs shall define the
18classes of its customers for purposes of delivery services
19charges. Delivery services shall be priced and made available
20to all retail customers electing delivery services in each
21such class on a nondiscriminatory basis regardless of whether
22the retail customer chooses the electric utility, an affiliate
23of the electric utility, or another entity as its supplier of
24electric power and energy. Charges for delivery services shall
25be cost based, and shall allow the electric utility to recover
26the costs of providing delivery services through its charges

 

 

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1to its delivery service customers that use the facilities and
2services associated with such costs. Such costs shall include
3the costs of owning, operating and maintaining transmission
4and distribution facilities. The Commission shall also be
5authorized to consider whether, and if so to what extent, the
6following costs are appropriately included in the electric
7utility's delivery services rates: (i) the costs of that
8portion of generation facilities used for the production and
9absorption of reactive power in order that retail customers
10located in the electric utility's service area can receive
11electric power and energy from suppliers other than the
12electric utility, and (ii) the costs associated with the use
13and redispatch of generation facilities to mitigate
14constraints on the transmission or distribution system in
15order that retail customers located in the electric utility's
16service area can receive electric power and energy from
17suppliers other than the electric utility. Nothing in this
18subsection shall be construed as directing the Commission to
19allocate any of the costs described in (i) or (ii) that are
20found to be appropriately included in the electric utility's
21delivery services rates to any particular customer group or
22geographic area in setting delivery services rates.
23    (d) The Commission shall establish charges, terms and
24conditions for delivery services that are just and reasonable
25and shall take into account customer impacts when establishing
26such charges. In establishing charges, terms and conditions

 

 

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1for delivery services, the Commission shall take into account
2voltage level differences. A retail customer shall have the
3option to request to purchase electric service at any delivery
4service voltage reasonably and technically feasible from the
5electric facilities serving that customer's premises provided
6that there are no significant adverse impacts upon system
7reliability or system efficiency. A retail customer shall also
8have the option to request to purchase electric service at any
9point of delivery that is reasonably and technically feasible
10provided that there are no significant adverse impacts on
11system reliability or efficiency. Such requests shall not be
12unreasonably denied.
13    (e) Electric utilities shall recover the costs of
14installing, operating or maintaining facilities for the
15particular benefit of one or more delivery services customers,
16including without limitation any costs incurred in complying
17with a customer's request to be served at a different voltage
18level, directly from the retail customer or customers for
19whose benefit the costs were incurred, to the extent such
20costs are not recovered through the charges referred to in
21subsections (c) and (d) of this Section.
22    (f) An electric utility shall be entitled but not required
23to implement transition charges in conjunction with the
24offering of delivery services pursuant to Section 16-104. If
25an electric utility implements transition charges, it shall
26implement such charges for all delivery services customers and

 

 

10200SB2433sam001- 5 -LRB102 17324 SPS 24748 a

1for all customers described in subsection (h), but shall not
2implement transition charges for power and energy that a
3retail customer takes from cogeneration or self-generation
4facilities located on that retail customer's premises, if such
5facilities meet the following criteria:
6        (i) the cogeneration or self-generation facilities
7    serve a single retail customer and are located on that
8    retail customer's premises (for purposes of this
9    subparagraph and subparagraph (ii), an industrial or
10    manufacturing retail customer and a third party contractor
11    that is served by such industrial or manufacturing
12    customer through such retail customer's own electrical
13    distribution facilities under the circumstances described
14    in subsection (vi) of the definition of "alternative
15    retail electric supplier" set forth in Section 16-102,
16    shall be considered a single retail customer);
17        (ii) the cogeneration or self-generation facilities
18    either (A) are sized pursuant to generally accepted
19    engineering standards for the retail customer's electrical
20    load at that premises (taking into account standby or
21    other reliability considerations related to that retail
22    customer's operations at that site) or (B) if the facility
23    is a cogeneration facility located on the retail
24    customer's premises, the retail customer is the thermal
25    host for that facility and the facility has been designed
26    to meet that retail customer's thermal energy requirements

 

 

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1    resulting in electrical output beyond that retail
2    customer's electrical demand at that premises, comply with
3    the operating and efficiency standards applicable to
4    "qualifying facilities" specified in title 18 Code of
5    Federal Regulations Section 292.205 as in effect on the
6    effective date of this amendatory Act of 1999;
7        (iii) the retail customer on whose premises the
8    facilities are located either has an exclusive right to
9    receive, and corresponding obligation to pay for, all of
10    the electrical capacity of the facility, or in the case of
11    a cogeneration facility that has been designed to meet the
12    retail customer's thermal energy requirements at that
13    premises, an identified amount of the electrical capacity
14    of the facility, over a minimum 5-year period; and
15        (iv) if the cogeneration facility is sized for the
16    retail customer's thermal load at that premises but
17    exceeds the electrical load, any sales of excess power or
18    energy are made only at wholesale, are subject to the
19    jurisdiction of the Federal Energy Regulatory Commission,
20    and are not for the purpose of circumventing the
21    provisions of this subsection (f).
22If a generation facility located at a retail customer's
23premises does not meet the above criteria, an electric utility
24implementing transition charges shall implement a transition
25charge until December 31, 2006 for any power and energy taken
26by such retail customer from such facility as if such power and

 

 

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1energy had been delivered by the electric utility. Provided,
2however, that an industrial retail customer that is taking
3power from a generation facility that does not meet the above
4criteria but that is located on such customer's premises will
5not be subject to a transition charge for the power and energy
6taken by such retail customer from such generation facility if
7the facility does not serve any other retail customer and
8either was installed on behalf of the customer and for its own
9use prior to January 1, 1997, or is both predominantly fueled
10by byproducts of such customer's manufacturing process at such
11premises and sells or offers an average of 300 megawatts or
12more of electricity produced from such generation facility
13into the wholesale market. Such charges shall be calculated as
14provided in Section 16-102, and shall be collected on each
15kilowatt-hour delivered under a delivery services tariff to a
16retail customer from the date the customer first takes
17delivery services until December 31, 2006 except as provided
18in subsection (h) of this Section. Provided, however, that an
19electric utility, other than an electric utility providing
20service to at least 1,000,000 customers in this State on
21January 1, 1999, shall be entitled to petition for entry of an
22order by the Commission authorizing the electric utility to
23implement transition charges for an additional period ending
24no later than December 31, 2008. The electric utility shall
25file its petition with supporting evidence no earlier than 16
26months, and no later than 12 months, prior to December 31,

 

 

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12006. The Commission shall hold a hearing on the electric
2utility's petition and shall enter its order no later than 8
3months after the petition is filed. The Commission shall
4determine whether and to what extent the electric utility
5shall be authorized to implement transition charges for an
6additional period. The Commission may authorize the electric
7utility to implement transition charges for some or all of the
8additional period, and shall determine the mitigation factors
9to be used in implementing such transition charges; provided,
10that the Commission shall not authorize mitigation factors
11less than 110% of those in effect during the 12 months ended
12December 31, 2006. In making its determination, the Commission
13shall consider the following factors: the necessity to
14implement transition charges for an additional period in order
15to maintain the financial integrity of the electric utility;
16the prudence of the electric utility's actions in reducing its
17costs since the effective date of this amendatory Act of 1997;
18the ability of the electric utility to provide safe, adequate
19and reliable service to retail customers in its service area;
20and the impact on competition of allowing the electric utility
21to implement transition charges for the additional period.
22    (g) The electric utility shall file tariffs that establish
23the transition charges to be paid by each class of customers to
24the electric utility in conjunction with the provision of
25delivery services. The electric utility's tariffs shall define
26the classes of its customers for purposes of calculating

 

 

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1transition charges. The electric utility's tariffs shall
2provide for the calculation of transition charges on a
3customer-specific basis for any retail customer whose average
4monthly maximum electrical demand on the electric utility's
5system during the 6 months with the customer's highest monthly
6maximum electrical demands equals or exceeds 3.0 megawatts for
7electric utilities having more than 1,000,000 customers, and
8for other electric utilities for any customer that has an
9average monthly maximum electrical demand on the electric
10utility's system of one megawatt or more, and (A) for which
11there exists data on the customer's usage during the 3 years
12preceding the date that the customer became eligible to take
13delivery services, or (B) for which there does not exist data
14on the customer's usage during the 3 years preceding the date
15that the customer became eligible to take delivery services,
16if in the electric utility's reasonable judgment there exists
17comparable usage information or a sufficient basis to develop
18such information, and further provided that the electric
19utility can require customers for which an individual
20calculation is made to sign contracts that set forth the
21transition charges to be paid by the customer to the electric
22utility pursuant to the tariff.
23    (h) An electric utility shall also be entitled to file
24tariffs that allow it to collect transition charges from
25retail customers in the electric utility's service area that
26do not take delivery services but that take electric power or

 

 

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1energy from an alternative retail electric supplier or from an
2electric utility other than the electric utility in whose
3service area the customer is located. Such charges shall be
4calculated, in accordance with the definition of transition
5charges in Section 16-102, for the period of time that the
6customer would be obligated to pay transition charges if it
7were taking delivery services, except that no deduction for
8delivery services revenues shall be made in such calculation,
9and usage data from the customer's class shall be used where
10historical usage data is not available for the individual
11customer. The customer shall be obligated to pay such charges
12on a lump sum basis on or before the date on which the customer
13commences to take service from the alternative retail electric
14supplier or other electric utility, provided, that the
15electric utility in whose service area the customer is located
16shall offer the customer the option of signing a contract
17pursuant to which the customer pays such charges ratably over
18the period in which the charges would otherwise have applied.
19    (i) An electric utility shall be entitled to add to the
20bills of delivery services customers charges pursuant to
21Sections 9-221, 9-222 (except as provided in Section 9-222.1),
22and Section 16-114 of this Act, Section 5-5 of the Electricity
23Infrastructure Maintenance Fee Law, Section 6-5 of the
24Renewable Energy, Energy Efficiency, and Coal Resources
25Development Law of 1997, and Section 13 of the Energy
26Assistance Act.

 

 

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1    (j) If a retail customer that obtains electric power and
2energy from cogeneration or self-generation facilities
3installed for its own use on or before January 1, 1997,
4subsequently takes service from an alternative retail electric
5supplier or an electric utility other than the electric
6utility in whose service area the customer is located for any
7portion of the customer's electric power and energy
8requirements formerly obtained from those facilities
9(including that amount purchased from the utility in lieu of
10such generation and not as standby power purchases, under a
11cogeneration displacement tariff in effect as of the effective
12date of this amendatory Act of 1997), the transition charges
13otherwise applicable pursuant to subsections (f), (g), or (h)
14of this Section shall not be applicable in any year to that
15portion of the customer's electric power and energy
16requirements formerly obtained from those facilities,
17provided, that for purposes of this subsection (j), such
18portion shall not exceed the average number of kilowatt-hours
19per year obtained from the cogeneration or self-generation
20facilities during the 3 years prior to the date on which the
21customer became eligible for delivery services, except as
22provided in subsection (f) of Section 16-110.
23    (k) The electric utility shall be entitled to recover
24through tariffed charges all of the costs associated with the
25purchase of zero emission credits from zero emission
26facilities to meet the requirements of subsection (d-5) of

 

 

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1Section 1-75 of the Illinois Power Agency Act. Such costs
2shall include the costs of procuring the zero emission
3credits, as well as the reasonable costs that the utility
4incurs as part of the procurement processes and to implement
5and comply with plans and processes approved by the Commission
6under such subsection (d-5). The costs shall be allocated
7across all retail customers through a single, uniform cents
8per kilowatt-hour charge applicable to all retail customers,
9which shall appear as a separate line item on each customer's
10bill. Beginning June 1, 2017, the electric utility shall be
11entitled to recover through tariffed charges all of the costs
12associated with the purchase of renewable energy resources to
13meet the renewable energy resource standards of subsection (c)
14of Section 1-75 of the Illinois Power Agency Act, under
15procurement plans as approved in accordance with that Section
16and Section 16-111.5 of this Act. Such costs shall include the
17costs of procuring the renewable energy resources, as well as
18the reasonable costs that the utility incurs as part of the
19procurement processes and to implement and comply with plans
20and processes approved by the Commission under such Sections.
21The costs associated with the purchase of renewable energy
22resources shall be allocated across all retail customers in
23proportion to the amount of renewable energy resources the
24utility procures for such customers through a single, uniform
25cents per kilowatt-hour charge applicable to such retail
26customers, which shall appear as a separate line item on each

 

 

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1such customer's bill.
2    Notwithstanding whether the Commission has approved the
3initial long-term renewable resources procurement plan as of
4June 1, 2017, an electric utility shall place new tariffed
5charges into effect beginning with the June 2017 monthly
6billing period, to the extent practicable, to begin recovering
7the costs of procuring renewable energy resources, as those
8charges are calculated under the limitations described in
9subparagraph (E) of paragraph (1) of subsection (c) of Section
101-75 of the Illinois Power Agency Act. Notwithstanding the
11date on which the utility places such new tariffed charges
12into effect, the utility shall be permitted to collect the
13charges under such tariff as if the tariff had been in effect
14beginning with the first day of the June 2017 monthly billing
15period. For the delivery years commencing June 1, 2017, June
161, 2018, and June 1, 2019, and June 1, 2020, the electric
17utility shall deposit into a separate interest bearing account
18of a financial institution the monies collected under the
19tariffed charges. Any interest earned shall be credited back
20to retail customers under the reconciliation proceeding
21provided for in this subsection (k), provided that the
22electric utility shall first be reimbursed from the interest
23for the administrative costs that it incurs to administer and
24manage the account. Any taxes due on the funds in the account,
25or interest earned on it, will be paid from the account or, if
26insufficient monies are available in the account, from the

 

 

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1monies collected under the tariffed charges to recover the
2costs of procuring renewable energy resources. Monies
3deposited in the account shall be subject to the review,
4reconciliation, and true-up process described in this
5subsection (k) that is applicable to the funds collected and
6costs incurred for the procurement of renewable energy
7resources.
8    The electric utility shall be entitled to recover all of
9the costs identified in this subsection (k) through automatic
10adjustment clause tariffs applicable to all of the utility's
11retail customers that allow the electric utility to adjust its
12tariffed charges consistent with this subsection (k). The
13determination as to whether any excess funds were collected
14during a given delivery year for the purchase of renewable
15energy resources, and the crediting of any excess funds back
16to retail customers, shall not be made until after the close of
17the delivery year, and the total amount to be paid by the
18electric utility under each contract for the purchase of
19renewable energy credits that is executed pursuant to
20paragraph (1) of subsection (c) of Section 1-75 of the
21Illinois Power Agency Act shall be subtracted from any excess
22funds, regardless of when the payment or payments are due
23under such contracts, so that funding is available for such
24payment, which will ensure that the maximum amount of funds is
25available to implement the approved long-term renewable
26resources procurement plan during a given delivery year. The

 

 

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1electric utility's collections under such automatic adjustment
2clause tariffs to recover the costs of renewable energy
3resources and zero emission credits from zero emission
4facilities shall be subject to separate annual review,
5reconciliation, and true-up against actual costs by the
6Commission under a procedure that shall be specified in the
7electric utility's automatic adjustment clause tariffs and
8that shall be approved by the Commission in connection with
9its approval of such tariffs. The procedure shall provide that
10any difference between the electric utility's collections
11under the automatic adjustment charges for an annual period
12and the electric utility's actual costs of renewable energy
13resources and zero emission credits from zero emission
14facilities for that same annual period shall be refunded to or
15collected from, as applicable, the electric utility's retail
16customers in subsequent periods.
17    Nothing in this subsection (k) is intended to affect,
18limit, or change the right of the electric utility to recover
19the costs associated with the procurement of renewable energy
20resources for periods commencing before, on, or after June 1,
212017, as otherwise provided in the Illinois Power Agency Act.
22    Notwithstanding anything to the contrary, the Commission
23shall not conduct an annual review, reconciliation, and
24true-up associated with renewable energy resources'
25collections and costs for the delivery years commencing June
261, 2017, June 1, 2018, June 1, 2019, and June 1, 2020, and June

 

 

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11, 2021, and shall instead conduct a single review,
2reconciliation, and true-up associated with renewable energy
3resources' collections and costs for the 5-year 4-year period
4beginning June 1, 2017 and ending May 31, 2022 2021, provided
5that the review, reconciliation, and true-up shall not be
6initiated until after August 31, 2022 2021. During the 5-year
74-year period, the utility shall be permitted to collect and
8retain funds under this subsection (k) and to purchase
9renewable energy resources under an approved long-term
10renewable resources procurement plan using those funds
11regardless of the delivery year in which the funds were
12collected during the 5-year 4-year period. Notwithstanding
13anything to the contrary, (i) immediately after the effective
14date of this amendatory Act of the 102nd General Assembly, the
15Agency shall be permitted to use a combined total of
16$100,000,000 of such retained utility funds for purposes of
17funding the Illinois Solar for All Program under subsection
18(b) of Section 1-56 of the Public Utilities Act, and (ii) no
19later than 60 days after the effective date of this amendatory
20Act of the 102nd General Assembly, a combined total of
21$5,000,000 of such retained utility funds shall be deposited
22by the utilities in the Illinois Works Fund for the purposes
23and activities described in subsection (f) of Section 20-15 of
24the Illinois Works Jobs Act Program Act. Each electric
25utility's pro rata portion of such $5,000,000 shall be
26calculated in accordance with the electric utility renewable

 

 

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1energy credit cost allocation percentages identified in the
2Agency's most recent long-term renewable resources procurement
3plan approved by the Commission.
4    If the amount of funds collected during the delivery year
5commencing June 1, 2017, exceeds the costs incurred during
6that delivery year, then up to half of this excess amount, as
7calculated on June 1, 2018, may be used to fund the programs
8under subsection (b) of Section 1-56 of the Illinois Power
9Agency Act in the same proportion the programs are funded
10under that subsection (b). However, any amount identified
11under this subsection (k) to fund programs under subsection
12(b) of Section 1-56 of the Illinois Power Agency Act shall be
13reduced if it exceeds the funding shortfall. For purposes of
14this Section, "funding shortfall" means the difference between
15$200,000,000 and the amount appropriated by the General
16Assembly to the Illinois Power Agency Renewable Energy
17Resources Fund during the period that commences on the
18effective date of this amendatory act of the 99th General
19Assembly and ends on August 1, 2018.
20    If the amount of funds collected during the delivery year
21commencing June 1, 2018, exceeds the costs incurred during
22that delivery year, then up to half of this excess amount, as
23calculated on June 1, 2019, may be used to fund the programs
24under subsection (b) of Section 1-56 of the Illinois Power
25Agency Act in the same proportion the programs are funded
26under that subsection (b). However, any amount identified

 

 

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1under this subsection (k) to fund programs under subsection
2(b) of Section 1-56 of the Illinois Power Agency Act shall be
3reduced if it exceeds the funding shortfall.
4    If the amount of funds collected during the delivery year
5commencing June 1, 2019, exceeds the costs incurred during
6that delivery year, then up to half of this excess amount, as
7calculated on June 1, 2020, may be used to fund the programs
8under subsection (b) of Section 1-56 of the Illinois Power
9Agency Act in the same proportion the programs are funded
10under that subsection (b). However, any amount identified
11under this subsection (k) to fund programs under subsection
12(b) of Section 1-56 of the Illinois Power Agency Act shall be
13reduced if it exceeds the funding shortfall.
14    If the amount of funds collected during the delivery year
15commencing June 1, 2020, exceeds the costs incurred during
16that delivery year, then up to half of this excess amount, as
17calculated on June 1, 2021, may be used to fund the programs
18under subsection (b) of Section 1-56 of the Illinois Power
19Agency Act in the same proportion the programs are funded
20under that subsection (b). However, any amount identified
21under this subsection (k) to fund programs under subsection
22(b) of Section 1-56 of the Illinois Power Agency Act shall be
23reduced if it exceeds the funding shortfall.
24    The funding available under this subsection (k), if any,
25for the programs described under subsection (b) of Section
261-56 of the Illinois Power Agency Act shall not reduce the

 

 

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1amount of funding for the programs described in subparagraph
2(O) of paragraph (1) of subsection (c) of Section 1-75 of the
3Illinois Power Agency Act. If funding is available under this
4subsection (k) for programs described under subsection (b) of
5Section 1-56 of the Illinois Power Agency Act, then the
6long-term renewable resources plan shall provide for the
7Agency to procure contracts in an amount that does not exceed
8the funding, and the contracts approved by the Commission
9shall be executed by the applicable utility or utilities.
10    (l) A utility that has terminated any contract executed
11under subsection (d-5) of Section 1-75 of the Illinois Power
12Agency Act shall be entitled to recover any remaining balance
13associated with the purchase of zero emission credits prior to
14such termination, and such utility shall also apply a credit
15to its retail customer bills in the event of any
16over-collection.
17        (m)(1) An electric utility that recovers its costs of
18    procuring zero emission credits from zero emission
19    facilities through a cents-per-kilowatthour charge under
20    to subsection (k) of this Section shall be subject to the
21    requirements of this subsection (m). Notwithstanding
22    anything to the contrary, such electric utility shall,
23    beginning on April 30, 2018, and each April 30 thereafter
24    until April 30, 2026, calculate whether any reduction must
25    be applied to such cents-per-kilowatthour charge that is
26    paid by retail customers of the electric utility that are

 

 

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1    exempt from subsections (a) through (j) of Section 8-103B
2    of this Act under subsection (l) of Section 8-103B. Such
3    charge shall be reduced for such customers for the next
4    delivery year commencing on June 1 based on the amount
5    necessary, if any, to limit the annual estimated average
6    net increase for the prior calendar year due to the future
7    energy investment costs to no more than 1.3% of 5.98 cents
8    per kilowatt-hour, which is the average amount paid per
9    kilowatthour for electric service during the year ending
10    December 31, 2015 by Illinois industrial retail customers,
11    as reported to the Edison Electric Institute.
12        The calculations required by this subsection (m) shall
13    be made only once for each year, and no subsequent rate
14    impact determinations shall be made.
15        (2) For purposes of this Section, "future energy
16    investment costs" shall be calculated by subtracting the
17    cents-per-kilowatthour charge identified in subparagraph
18    (A) of this paragraph (2) from the sum of the
19    cents-per-kilowatthour charges identified in subparagraph
20    (B) of this paragraph (2):
21            (A) The cents-per-kilowatthour charge identified
22        in the electric utility's tariff placed into effect
23        under Section 8-103 of the Public Utilities Act that,
24        on December 1, 2016, was applicable to those retail
25        customers that are exempt from subsections (a) through
26        (j) of Section 8-103B of this Act under subsection (l)

 

 

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1        of Section 8-103B.
2            (B) The sum of the following
3        cents-per-kilowatthour charges applicable to those
4        retail customers that are exempt from subsections (a)
5        through (j) of Section 8-103B of this Act under
6        subsection (l) of Section 8-103B, provided that if one
7        or more of the following charges has been in effect and
8        applied to such customers for more than one calendar
9        year, then each charge shall be equal to the average of
10        the charges applied over a period that commences with
11        the calendar year ending December 31, 2017 and ends
12        with the most recently completed calendar year prior
13        to the calculation required by this subsection (m):
14                (i) the cents-per-kilowatthour charge to
15            recover the costs incurred by the utility under
16            subsection (d-5) of Section 1-75 of the Illinois
17            Power Agency Act, adjusted for any reductions
18            required under this subsection (m); and
19                (ii) the cents-per-kilowatthour charge to
20            recover the costs incurred by the utility under
21            Section 16-107.6 of the Public Utilities Act.
22            If no charge was applied for a given calendar year
23        under item (i) or (ii) of this subparagraph (B), then
24        the value of the charge for that year shall be zero.
25        (3) If a reduction is required by the calculation
26    performed under this subsection (m), then the amount of

 

 

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1    the reduction shall be multiplied by the number of years
2    reflected in the averages calculated under subparagraph
3    (B) of paragraph (2) of this subsection (m). Such
4    reduction shall be applied to the cents-per-kilowatthour
5    charge that is applicable to those retail customers that
6    are exempt from subsections (a) through (j) of Section
7    8-103B of this Act under subsection (l) of Section 8-103B
8    beginning with the next delivery year commencing after the
9    date of the calculation required by this subsection (m).
10        (4) The electric utility shall file a notice with the
11    Commission on May 1 of 2018 and each May 1 thereafter until
12    May 1, 2026 containing the reduction, if any, which must
13    be applied for the delivery year which begins in the year
14    of the filing. The notice shall contain the calculations
15    made pursuant to this Section. By October 1 of each year
16    beginning in 2018, each electric utility shall notify the
17    Commission if it appears, based on an estimate of the
18    calculation required in this subsection (m), that a
19    reduction will be required in the next year.
20(Source: P.A. 99-906, eff. 6-1-17.)".