Full Text of SB3903 102nd General Assembly
SB3903ham001 102ND GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/30/2022
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| 1 | | AMENDMENT TO SENATE BILL 3903
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3903 on page 1, | 3 | | line 5 by replacing "16-115 and 16-115A" with "16-115, | 4 | | 16-115A, and 16-222"; and
| 5 | | on page 22, by replacing line 8 with " provided under | 6 | | subsection (f-15), to the information "; and | 7 | | on page 22, immediately below line 10, by inserting the | 8 | | following:
| 9 | | " (1) An alternative retail electric supplier shall | 10 | | file such notice under the docket number assigned to the | 11 | | alternative retail electric supplier's certification | 12 | | application. The supplier also shall serve such notice | 13 | | upon the electric utility serving customers in the service | 14 | | area where the alternative retail electric supplier is | 15 | | certified to provide service. | 16 | | (2) After notice and an opportunity for a hearing, the |
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| 1 | | Commission may (i) suspend, rescind, or conditionally | 2 | | rescind an alternative retail electric supplier's | 3 | | certificate if it determines that the material change will | 4 | | adversely affect the alternative retail electric | 5 | | supplier's fitness or ability to provide the services for | 6 | | which it is certified or (ii) require the alternative | 7 | | retail electric supplier to provide reasonable financial | 8 | | assurances sufficient to protect the supplier's customers | 9 | | and electric utility from default. | 10 | | (f-15) Material changes to the information contained in or | 11 | | supplied with a certification application include, but are not | 12 | | limited to, the following: | 13 | | (1) any significant change in ownership, including an | 14 | | ownership interest of 5% or more, of the applicant or | 15 | | alternative retail electric supplier; | 16 | | (2) an affiliation with any electric utility, electric | 17 | | cooperative, or municipal system or change of an | 18 | | affiliation with an electric utility, electric | 19 | | cooperative, or municipal system in the State; | 20 | | (3) retirement or other long-term changes to the | 21 | | operational status of generation, transmission, or | 22 | | distribution assets relied upon by the alternative retail | 23 | | electric supplier to provide alternative retail electric | 24 | | supplier service; | 25 | | (4) if the alternative retail electric supplier has a | 26 | | long-term bond rating from Standard and Poor's or its |
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| 1 | | successor, Fitch Ratings or its successor, or Moody's | 2 | | Investor Service or its successor, and the alternative | 3 | | retail electric supplier's long-term bond rating falls | 4 | | below a rating of BBB as reported by Standard and Poor's or | 5 | | its successor or Fitch Ratings or its successor, or below | 6 | | a rating of Baa3 as reported by Moody's Investors Service | 7 | | or its successor; | 8 | | (5) the applicant or alternative retail electric | 9 | | supplier has or intends to file for reorganization, | 10 | | protection from creditors, or any other form of bankruptcy | 11 | | with any court; | 12 | | (6) any judgment, finding, or ruling by a court or | 13 | | regulatory agency that could affect an alternative retail | 14 | | electric supplier's fitness or ability to provide service | 15 | | in the State; | 16 | | (7) any change in the alternative retail electric | 17 | | supplier's name or logo, including, but not limited to, | 18 | | any change in the alternative retail electric supplier's | 19 | | legal name, fictitious name, or assumed business name, | 20 | | except for any logo and name the alternative retail | 21 | | electric supplier provided as part of its original | 22 | | certification process or that the alternative retail | 23 | | electric supplier previously provided to the Commission | 24 | | under this Section; and | 25 | | (8) notwithstanding subsection (f-10), an alternative | 26 | | retail electric supplier shall file a notification with |
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| 1 | | the Commission of any notice of financial default from a | 2 | | financial institution or notice of default for failure to | 3 | | settle for energy or capacity deliveries from the | 4 | | alternative retail electric supplier's regional | 5 | | transmission operator or a distribution utility, within | 6 | | one business day. "; and
| 7 | | on page 22, immediately below line 22, by inserting the | 8 | | following:
| 9 | | "(220 ILCS 5/16-122)
| 10 | | Sec. 16-122. Customer information.
| 11 | | (a) Upon the request of a retail customer, or a person
who | 12 | | presents verifiable authorization and is acting as the
| 13 | | customer's agent, and payment of a reasonable fee, electric
| 14 | | utilities shall provide to the customer or its authorized
| 15 | | agent the customer's billing and usage data.
| 16 | | (b) Upon request from any alternative retail electric
| 17 | | supplier and payment of a reasonable fee, an electric utility
| 18 | | serving retail customers in its service area shall make
| 19 | | available generic information concerning the usage, load shape
| 20 | | curve or other general characteristics of customers by rate
| 21 | | classification. Provided however, no customer specific
| 22 | | billing, usage or load shape data shall be provided under this
| 23 | | subsection unless authorization to provide such information is
| 24 | | provided by the customer pursuant to subsection (a) of this
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| 1 | | Section.
| 2 | | Notwithstanding the requirements of this Section or | 3 | | subsection (d) of Section 16-108.6, if an alternative retail | 4 | | electric supplier warrants to an electric utility serving more | 5 | | than 500,000 retail customers that the alternative retail | 6 | | electric supplier's customer has provided consent as described | 7 | | in subsection (e) of Section 2EE of the Consumer Fraud and | 8 | | Deceptive Business Practices Act, then until either the | 9 | | customer contacts the alternative retail electric supplier to | 10 | | opt out or the customer is no longer served by the alternative | 11 | | retail electric supplier: | 12 | | (1) An electric utility serving more than 500,000 | 13 | | retail customers shall electronically transmit interval | 14 | | meter usage data at the end of each monthly billing period | 15 | | for each residential retail customer for which the | 16 | | alternative retail electric supplier is providing electric | 17 | | power and energy supply service, for which the alternative | 18 | | retail electric supplier has requested such information, | 19 | | and for which the electric utility meters the residential | 20 | | customer using automated metering infrastructure | 21 | | equipment. Such data transmission shall occur no later | 22 | | than one business day after the electric utility serving | 23 | | more than 500,000 retail customers validates the interval | 24 | | meter usage data with the monthly billing period for such | 25 | | residential retail customer through an electronic data | 26 | | interchange or secure interface for which the alternative |
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| 1 | | retail electric supplier has requested such information | 2 | | and upon payment of a reasonable and amortized fee, if | 3 | | necessary, to recover the utility's prudently and | 4 | | reasonably incurred costs, approved by the Commission | 5 | | after notice and hearing, to provide this service. The | 6 | | interval meter usage data shall be provided at a minimum | 7 | | on an hourly basis or on a 30-minute or 15-minute basis if | 8 | | available. In addition, not later than the following day, | 9 | | the electric utility shall provide unverified interval | 10 | | data through an electronic data interchange or secure | 11 | | interface for which the alternative retail electric | 12 | | supplier has requested such information and upon payment | 13 | | of a reasonable and amortized fee, if necessary, to | 14 | | recover the utility's prudently and reasonably incurred | 15 | | costs, approved by the Commission after notice and | 16 | | hearing, to provide this service. The unverified interval | 17 | | meter usage data shall be provided at a minimum on an | 18 | | hourly basis, or on a 30-minute or 15-minute basis if | 19 | | available. The same processes shall apply for | 20 | | nonresidential retail customers. | 21 | | (2) An electric utility serving more than 500,000 | 22 | | retail customers shall submit tariffs to the Commission | 23 | | for approval within 120 days of the effective date of this | 24 | | amendatory Act of the 102nd General Assembly, if | 25 | | necessary, to meet the minimum requirements of paragraph | 26 | | (1) and provide such services no later than June 1, 2024. |
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| 1 | | (3) Nothing in this amendatory Act of the 102nd | 2 | | General Assembly prohibits such utility from time to time | 3 | | proposing new tariffs pursuant to Article IX to the extent | 4 | | such tariffs are consistent with the requirements of this | 5 | | amendatory Act of the 102nd General Assembly. Nothing in | 6 | | this amendatory Act of the 102nd General Assembly shall | 7 | | require such electric utility to alter its tariffs or | 8 | | practices to the extent that they: (i) provide interval | 9 | | data with shorter intervals; (ii) provide interval data | 10 | | more frequently than monthly; or (iii) provide other | 11 | | enhancements beyond the minimum standards required by | 12 | | paragraph (1). | 13 | | (4) An alternative retail electric supplier shall use | 14 | | such interval meter usage data for the development, | 15 | | marketing, and provision of current and future products | 16 | | and services to enable such customers to more easily and | 17 | | effectively manage their energy consumption, including, | 18 | | but not limited to, time-of-use pricing, demand response, | 19 | | energy efficiency or management, beneficial | 20 | | electrification, on-site or community generation, or any | 21 | | other electricity-related products or services or as | 22 | | otherwise authorized by the Commission. | 23 | | (5) An alternative retail electric supplier shall not | 24 | | sell interval data obtained under this Section. An | 25 | | alternative retail electric supplier shall not provide, | 26 | | share, or otherwise disclose a consumer's interval meter |
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| 1 | | data obtained under this Section, except an alternative | 2 | | retail electric supplier may license or disclose a | 3 | | customer's interval meter data obtained under this Section | 4 | | if the following conditions are met: (i) the license or | 5 | | disclosure is made to an alternative retail electric | 6 | | supplier's affiliate or a third party with which the | 7 | | alternative retail electric supplier has a contract; (ii) | 8 | | the disclosure of a customer's interval meter data is made | 9 | | only to perform the following functions on behalf of the | 10 | | alternative retail electric supplier: billing and | 11 | | invoicing, administration of the product or service | 12 | | provided to the customer, or pricing products and services | 13 | | for the customer; (iii) the alternative retail electric | 14 | | supplier maintains responsibility for ensuring that its | 15 | | affiliates or contracted third parties do not disclose, | 16 | | license, sell to any other party, or otherwise misuse | 17 | | customer interval data, including marketing to or | 18 | | solicitation of a specific customer, obtained under this | 19 | | Section; and (iv) the alternative retail electric supplier | 20 | | maintains responsibility for ensuring that its affiliates | 21 | | and contracted third parties purge such data upon | 22 | | termination of their contract, ownership, affiliation, or | 23 | | license or other agreement, or to the extent that the | 24 | | customer interval data is no longer necessary for the | 25 | | affiliate or contracted third party to perform the | 26 | | function for which the customer interval data was |
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| 1 | | provided. An alternative retail electric supplier may not | 2 | | provide a customer's interval meter data obtained under | 3 | | this Section to a sales agent, broker, or consultant for | 4 | | the purpose of marketing to that specific customer. | 5 | | (6) Nothing in this Section prohibits an electric | 6 | | utility serving more than 500,000 retail customers from | 7 | | providing interval metering data to an alternative retail | 8 | | electric supplier as otherwise authorized by law or order | 9 | | of the Commission. | 10 | | (7) No costs incurred by an electric utility to | 11 | | provide data or services, including any and all data or | 12 | | services provided or proposed under paragraphs (1) through | 13 | | (3), or otherwise authorized by this Section or by this | 14 | | amendatory Act of the 102nd General Assembly, shall be | 15 | | paid by ratepayers. An electric utility may file a tariff | 16 | | governing the provision of such information. Such fee | 17 | | shall be approved by the Commission after notice and | 18 | | hearing to recover the utility's prudently and reasonably | 19 | | incurred and amortized costs to provide such service. The | 20 | | tariff shall include an annual fee, paid by all | 21 | | alternative retail electric suppliers, and the fee shall | 22 | | be based upon a reasonable estimate of ongoing costs | 23 | | expected to be incurred to provide the interval metering | 24 | | data to alternative retail electric suppliers. Any costs | 25 | | incurred and reflected in rate recovery at or before the | 26 | | effective date of this amendatory Act of the 102nd General |
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| 1 | | Assembly shall remain recoverable in rates, and such | 2 | | recovery shall be unaffected by the operation of this | 3 | | Section. Any costs incurred related to utility systems | 4 | | that support the provision of metering data to alternative | 5 | | retail electric suppliers as well as other utility related | 6 | | purposes shall remain recoverable in rates from utility | 7 | | customers. Nothing in this Section shall be interpreted to | 8 | | require any utility to offer metering services to any | 9 | | party in a manner that prevents it from having a | 10 | | reasonable opportunity to recover its associated costs. In | 11 | | setting rates, the Commission shall not exclude any amount | 12 | | from rate recovery and at the same time consider revenue | 13 | | from the annual fees collected as a reduction to the | 14 | | revenue requirement in a manner that denies the utility an | 15 | | opportunity to fully recover the costs for service | 16 | | offerings required by law to provide. Once the Commission | 17 | | issues a final order approving an annual fee pursuant to | 18 | | this paragraph, such order shall be evidence that all | 19 | | costs are recovered from alternative retail electric | 20 | | suppliers, and the order shall satisfy the requirement | 21 | | that the costs associated with paragraphs (1) through (3), | 22 | | or otherwise authorized by this Section or this amendatory | 23 | | Act of the 102nd General Assembly, are not recovered from | 24 | | ratepayers. | 25 | | (c) Upon request from a unit of local government and | 26 | | payment of a
reasonable fee, an electric utility shall make |
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| 1 | | available information concerning
the usage, load shape curves, | 2 | | and other characteristics of customers by
customer | 3 | | classification and location within the boundaries of the unit | 4 | | of local
government, however, no customer specific billing, | 5 | | usage, or load shape data
shall be provided under this | 6 | | subsection unless authorization to provide that
information is | 7 | | provided by the customer.
| 8 | | (d) All such customer information shall be made available
| 9 | | in a timely fashion in an electronic format, if available.
| 10 | | (Source: P.A. 92-585, eff. 6-26-02.)
| 11 | | Section 10. The Consumer Fraud and Deceptive Business | 12 | | Practices Act is amended by changing Section 2EE as follows:
| 13 | | (815 ILCS 505/2EE)
| 14 | | Sec. 2EE. Alternative retail electric supplier selection. | 15 | | (a) An alternative retail electric supplier shall not | 16 | | submit or execute
a change in a consumer's selection of a | 17 | | provider of electric
service unless and until: | 18 | | (i) the alternative retail electric supplier first | 19 | | discloses all material terms and conditions of the offer | 20 | | to the consumer; | 21 | | (ii) if the consumer is a small commercial retail | 22 | | customer as that term is defined in subsection (c) of this | 23 | | Section or a residential consumer, the alternative retail | 24 | | electric supplier discloses the utility electric supply |
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| 1 | | price to compare, which shall be the sum of the electric | 2 | | supply charge and the transmission services charge, and | 3 | | shall not include the purchased electricity adjustment, | 4 | | applicable at the time the offer is made to the consumer; | 5 | | (iii) if the consumer is a small commercial retail | 6 | | customer as that term is defined in subsection (c) of this | 7 | | Section or a residential consumer, the alternative retail | 8 | | electric provider discloses the following statement: | 9 | | "(Name of the alternative retail electric | 10 | | supplier) is not the same entity as your electric | 11 | | delivery company. You are not required to enroll with | 12 | | (name of alternative retail electric supplier). As of | 13 | | (effective date), the electric supply price to compare | 14 | | is currently (price in cents per kilowatt hour). The | 15 | | electric utility electric supply price will expire on | 16 | | (expiration date). The utility electric supply price | 17 | | to compare does not include the purchased electricity | 18 | | adjustment factor. For more information go to the | 19 | | Illinois Commerce Commission's free website at | 20 | | www.pluginillinois.org.". | 21 | | If applicable, the statement shall include the | 22 | | following statement: | 23 | | "The purchased electricity adjustment factor may | 24 | | range between +.5 cents and -.5 cents per kilowatt | 25 | | hour."; | 26 | | (iv) the alternative retail electric supplier has |
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| 1 | | obtained the consumer's express agreement to accept the | 2 | | offer after the disclosure of all material terms and | 3 | | conditions of the offer; and | 4 | | (v) the alternative retail electric supplier has | 5 | | confirmed the request for a change in accordance with one | 6 | | of the following procedures:
| 7 | | (A) The new alternative retail electric supplier | 8 | | has obtained the consumer's
written or electronically | 9 | | signed
authorization in a form that meets the
| 10 | | following requirements:
| 11 | | (1) An alternative retail electric supplier | 12 | | shall obtain any
necessary written or | 13 | | electronically signed authorization from a | 14 | | consumer for a
change in electric service by using | 15 | | a letter of agency as
specified in this
Section. | 16 | | Any letter of agency that does
not conform with | 17 | | this
Section is invalid.
| 18 | | (2) The letter of agency shall be a separate
| 19 | | document (an easily separable document containing | 20 | | only
the authorization language described in | 21 | | subparagraph (5)) whose sole purpose is to | 22 | | authorize an
electric service provider change. The | 23 | | letter of agency
must be signed and dated by the | 24 | | consumer requesting the
electric service provider | 25 | | change.
| 26 | | (3) The letter of agency shall not be combined |
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| 1 | | with
inducements of any kind on the same document.
| 2 | | (4) Notwithstanding subparagraphs (1) and (2), | 3 | | the letter of agency may be combined with
checks | 4 | | that contain only the required letter of agency
| 5 | | language prescribed in subparagraph (5) and
the | 6 | | necessary information to make the check a | 7 | | negotiable
instrument. The letter of agency check | 8 | | shall not contain
any promotional language or | 9 | | material. The letter of
agency check shall contain | 10 | | in easily readable, bold-face
type on the face of | 11 | | the check, a notice that the consumer
is | 12 | | authorizing an electric service provider change by
| 13 | | signing the check. The letter of agency language | 14 | | also
shall be placed near the signature line on | 15 | | the back of
the check.
| 16 | | (5) At a minimum, the letter of agency must be
| 17 | | printed with a print of sufficient size to be | 18 | | clearly
legible, and must contain clear and | 19 | | unambiguous language
that confirms:
| 20 | | (i) The consumer's billing name and | 21 | | address;
| 22 | | (ii) The decision to change the electric | 23 | | service
provider from the current provider to | 24 | | the
prospective provider;
| 25 | | (iii) The terms, conditions, and nature of | 26 | | the
service to be provided to the consumer |
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| 1 | | must be
clearly and conspicuously disclosed, | 2 | | in writing, and
an alternative retail electric | 3 | | supplier must directly establish
the rates for | 4 | | the service contracted for by the consumer; | 5 | | and
| 6 | | (iv) That the consumer understand that any
| 7 | | alternative retail electric supplier selection | 8 | | the consumer
chooses may involve a charge to | 9 | | the consumer for
changing the consumer's | 10 | | electric service provider.
| 11 | | (6) Letters of agency shall not suggest or | 12 | | require
that a consumer take some action in order | 13 | | to retain the consumer's
current electric service | 14 | | provider.
| 15 | | (7) If any portion of a letter of agency is
| 16 | | translated into another language, then all | 17 | | portions of
the letter of agency must be | 18 | | translated into that
language.
| 19 | | (B) An appropriately qualified independent third | 20 | | party has obtained, in accordance with the procedures | 21 | | set forth in this subsection (b), the consumer's oral | 22 | | authorization to change electric suppliers that | 23 | | confirms and includes appropriate verification data. | 24 | | The independent third party (i) must not be owned, | 25 | | managed, controlled, or directed by the supplier or | 26 | | the supplier's marketing agent; (ii) must not have any |
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| 1 | | financial incentive to confirm supplier change | 2 | | requests for the supplier or the supplier's marketing | 3 | | agent; and (iii) must operate in a location physically | 4 | | separate from the supplier or the supplier's marketing | 5 | | agent.
| 6 | | Automated third-party verification systems and | 7 | | 3-way conference calls may be used for verification | 8 | | purposes so long as the other requirements of this | 9 | | subsection (b) are satisfied. | 10 | | A supplier or supplier's sales representative | 11 | | initiating a 3-way conference call or a call through | 12 | | an automated verification system must drop off the | 13 | | call once the 3-way connection has been established. | 14 | | All third-party verification methods shall elicit, | 15 | | at a minimum, the following information: (i) the | 16 | | identity of the consumer; (ii) confirmation that the | 17 | | person on the call is the account holder, has been | 18 | | specifically and explicitly authorized by the account | 19 | | holder, or possesses lawful authority to make the | 20 | | supplier change; (iii) confirmation that the person on | 21 | | the call wants to make the supplier change; (iv) the | 22 | | names of the suppliers affected by the change; (v) the | 23 | | service address of the supply to be switched; and (vi) | 24 | | the price of the service to be supplied and the | 25 | | material terms and conditions of the service being | 26 | | offered, including whether any early termination fees |
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| 1 | | apply. Third-party verifiers may not market the | 2 | | supplier's services by providing additional | 3 | | information, including information regarding | 4 | | procedures to block or otherwise freeze an account | 5 | | against further changes. | 6 | | All third-party verifications shall be conducted | 7 | | in the same language that was used in the underlying | 8 | | sales transaction and shall be recorded in their | 9 | | entirety. Submitting suppliers shall maintain and | 10 | | preserve audio records of verification of subscriber | 11 | | authorization for a minimum period of 2 years after | 12 | | obtaining the verification. Automated systems must | 13 | | provide consumers with an option to speak with a live | 14 | | person at any time during the call.
Each disclosure | 15 | | made during the third-party verification must be made | 16 | | individually to obtain clear acknowledgment of each | 17 | | disclosure. The alternative retail electric supplier | 18 | | must be in a location where he or she cannot hear the | 19 | | customer while the third-party verification is | 20 | | conducted. The alternative retail electric supplier | 21 | | shall not contact the customer after the third-party | 22 | | verification for a period of 24 hours unless the | 23 | | customer initiates the contact. | 24 | | (C) When a consumer initiates the call to the | 25 | | prospective alternative retail electric supplier, in | 26 | | order to enroll the consumer as a customer, the |
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| 1 | | prospective alternative retail electric supplier must, | 2 | | with the consent of the customer, make a date-stamped, | 3 | | time-stamped audio recording that elicits, at a | 4 | | minimum, the following information: | 5 | | (1) the identity of the customer; | 6 | | (2) confirmation that the person on the call | 7 | | is authorized to make the supplier change; | 8 | | (3) confirmation that the person on the call | 9 | | wants to make the supplier change; | 10 | | (4) the names of the suppliers affected by the | 11 | | change; | 12 | | (5) the service address of the supply to be | 13 | | switched; and | 14 | | (6) the price of the service to be supplied | 15 | | and the material terms and conditions of the | 16 | | service being offered, including whether any early | 17 | | termination fees apply.
| 18 | | Submitting suppliers shall maintain and preserve | 19 | | the audio records containing the information set forth | 20 | | above for a minimum period of 2 years.
| 21 | | (b)(1) An alternative retail electric supplier shall not | 22 | | utilize the name of a public utility in any manner that is | 23 | | deceptive or misleading, including, but not limited to | 24 | | implying or otherwise leading a consumer to believe that an | 25 | | alternative retail electric supplier is soliciting on behalf | 26 | | of or is an agent of a utility. An alternative retail electric |
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| 1 | | supplier shall not utilize the name, or any other identifying | 2 | | insignia, graphics, or wording that has been used at any time | 3 | | to represent a public utility company or its services, to | 4 | | identify, label, or define any of its electric power and | 5 | | energy service offers. An alternative retail electric supplier | 6 | | may state the name of a public electric utility in order to | 7 | | accurately describe the electric utility service territories | 8 | | in which the supplier is currently offering an electric power | 9 | | and energy service. An alternative retail electric supplier | 10 | | that is the affiliate of an Illinois public utility and that | 11 | | was doing business in Illinois providing alternative retail | 12 | | electric service on January 1, 2016 may continue to use that | 13 | | public utility's name, logo, identifying insignia, graphics, | 14 | | or wording in its business operations occurring outside the | 15 | | service territory of the public utility with which it is | 16 | | affiliated. | 17 | | (2) An alternative retail electric supplier shall not | 18 | | state or otherwise imply that the alternative retail electric | 19 | | supplier is employed by, representing, endorsed by, or acting | 20 | | on behalf of a utility or utility program, a consumer group or | 21 | | consumer group program, or a governmental body, unless the | 22 | | alternative retail electric supplier has entered into a | 23 | | contractual arrangement with the governmental body and has | 24 | | been authorized by the governmental body to make the | 25 | | statements. | 26 | | (c) An alternative retail electric supplier shall not |
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| 1 | | submit or execute a change in a consumer's selection of a | 2 | | provider of electric service unless the alternative retail | 3 | | electric supplier complies with the following requirements of | 4 | | this subsection (c). It is a violation of this Section for an | 5 | | alternative retail electric supplier to fail to comply with | 6 | | this subsection (c). The requirements of this subsection (c) | 7 | | shall only apply to residential and small commercial retail | 8 | | customers. For purposes of this subsection (c) only, "small | 9 | | commercial retail customer" has the meaning given to that term | 10 | | in Section 16-102 of the Public Utilities Act. | 11 | | (1) During a solicitation an alternative retail | 12 | | electric supplier shall state that he or represents an | 13 | | independent seller of electric power and energy service | 14 | | certified by the Illinois Commerce Commission and that he | 15 | | or she is not employed by, representing, endorsed by, or | 16 | | acting on behalf of, a utility, or a utility program, a | 17 | | consumer group or consumer group program, or a | 18 | | governmental body, unless the alternative retail electric | 19 | | supplier has entered into a contractual arrangement with | 20 | | the governmental body and has been authorized with the | 21 | | governmental body to make the statements. | 22 | | (2) Alternative retail electric suppliers who engage | 23 | | in in-person solicitation for the purpose of selling | 24 | | electric power and energy service offered by the | 25 | | alternative retail electric supplier shall display | 26 | | identification on an outer garment. This identification |
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| 1 | | shall be visible at all times and prominently display the | 2 | | following: (i) the alternative retail electric supplier | 3 | | agent's full name in reasonable size font; (ii) an agent | 4 | | identification number; (iii) a photograph of the | 5 | | alternative retail electric supplier agent; and (iv) the | 6 | | trade name and logo of the alternative retail electric | 7 | | supplier the agent is representing. If the agent is | 8 | | selling electric power and energy services from multiple | 9 | | alternative retail electric suppliers to the consumer, the | 10 | | identification shall display the trade name and logo of | 11 | | the agent, broker, or consultant entity as that entity is | 12 | | defined in Section 16-115C of the Public Utilities Act. An | 13 | | alternative retail electric supplier shall leave the | 14 | | premises at the consumer's, owner's, or occupant's | 15 | | request. A copy of the Uniform Disclosure Statement | 16 | | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | 17 | | is to be left with the consumer, at the conclusion of the | 18 | | visit unless the consumer refuses to accept a copy. An | 19 | | alternative retail electric supplier may provide the | 20 | | Uniform Disclosure Statement electronically instead of in | 21 | | paper form to a consumer upon that customer's request. The | 22 | | alternative retail electric supplier shall also offer to | 23 | | the consumer, at the time of the initiation of the | 24 | | solicitation, a business card or other material that lists | 25 | | the agent's name, identification number and title, and the | 26 | | alternative retail electric supplier's name and contact |
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| 1 | | information, including phone number. The alternative | 2 | | retail electric supplier shall not conduct any in-person | 3 | | solicitations of consumers at any building or premises | 4 | | where any sign, notice, or declaration of any description | 5 | | whatsoever is posted that prohibits sales, marketing, or | 6 | | solicitations. The alternative retail electric supplier | 7 | | shall obtain consent to enter multi-unit residential | 8 | | dwellings. Consent obtained to enter a multi-unit dwelling | 9 | | from one prospective customer or occupant of the dwelling | 10 | | shall not constitute consent to market to any other | 11 | | prospective consumers without separate consent. | 12 | | (3) An alternative retail electric supplier who | 13 | | contacts consumers by telephone for the purpose of selling | 14 | | electric power and energy service shall provide the | 15 | | agent's name and identification number. Any telemarketing | 16 | | solicitations that lead to a telephone enrollment of a | 17 | | consumer must be recorded and retained for a minimum of 2 | 18 | | years. All telemarketing calls of consumers that do not | 19 | | lead to a telephone enrollment, but last at least 2 | 20 | | minutes, shall be recorded and retained for a minimum of 6 | 21 | | months. | 22 | | (4) During an inbound enrollment call, an alternative | 23 | | retail electric supplier shall state that he or she | 24 | | represents an independent seller of electric power and | 25 | | energy service certified by the Illinois Commerce | 26 | | Commission. All inbound enrollment calls that lead to an |
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| 1 | | enrollment shall be recorded, and the recordings shall be | 2 | | retained for a minimum of 2 years. An inbound enrollment | 3 | | call that does not lead to an enrollment, but lasts at | 4 | | least 2 minutes, shall be retained for a minimum of 6 | 5 | | months. The alternative retail electric supplier shall | 6 | | send the Uniform Disclosure Statement and contract to the | 7 | | customer within 3 business days after the electric | 8 | | utility's confirmation to the alternative retail electric | 9 | | supplier of an accepted enrollment. | 10 | | (5) If a direct mail solicitation to a consumer | 11 | | includes a written letter of agency, it shall include the | 12 | | Uniform Disclosure Statement described in 83 Ill. Adm. | 13 | | Code 412.115 and 412.Appendix A. The Uniform Disclosure | 14 | | Statement shall be provided on a separate page from the | 15 | | other marketing materials included in the direct mail | 16 | | solicitation. If a written letter of agency is being used | 17 | | to authorize a consumer's enrollment, the written letter | 18 | | of agency shall comply with this Section. A copy of the | 19 | | contract must be sent to consumer within 3 business days | 20 | | after the electric utility's confirmation to the | 21 | | alternative retail electric supplier of an accepted | 22 | | enrollment. | 23 | | (6) Online Solicitation. | 24 | | (A) Each alternative retail electric supplier | 25 | | offering electric power and energy service to | 26 | | consumers online shall clearly and conspicuously make |
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| 1 | | all disclosures for any services offered through | 2 | | online enrollment before requiring the consumer to | 3 | | enter any personal information other than zip code, | 4 | | electric utility service territory, or type of service | 5 | | sought. | 6 | | (B) Notwithstanding any requirements in this | 7 | | Section to the contrary, an alternative retail | 8 | | electric supplier may secure consent from the consumer | 9 | | to obtain customer-specific billing and usage | 10 | | information for the sole purpose of determining and | 11 | | pricing a product through a letter of agency or method | 12 | | approved through an Illinois Commerce Commission | 13 | | docket before making all disclosure for services | 14 | | offered through online enrollment. It is a violation | 15 | | of this Act for an alternative retail electric | 16 | | supplier to use a consumer's utility account number to | 17 | | execute or change a consumer's enrollment unless the | 18 | | consumer expressly consents to that enrollment as | 19 | | required by law. | 20 | | (C) The enrollment website of the alternative | 21 | | retail electric supplier shall, at a minimum, include: | 22 | | (i) disclosure of all material terms and conditions of | 23 | | the offer; (ii) a statement that electronic acceptance | 24 | | of the terms and conditions is an agreement to | 25 | | initiate service and begin enrollment; (iii) a | 26 | | statement that the consumer shall review the contract |
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| 1 | | or contact the current supplier to learn if any early | 2 | | termination fees are applicable; and (iv) an email | 3 | | address and toll-free phone number of the alternative | 4 | | retail electric supplier where the customer can | 5 | | express a decision to rescind the contract. | 6 | | (7)(A) Beginning January 1, 2020, an alternative | 7 | | retail electric supplier shall not sell or offer to sell | 8 | | any products or services to a consumer pursuant to a | 9 | | contract in which the contract automatically renews, | 10 | | unless an alternative retail electric supplier provides to | 11 | | the consumer at the outset of the offer, in addition to | 12 | | other disclosures required by law, a separate written | 13 | | statement titled "Automatic Contract Renewal" that clearly | 14 | | and conspicuously discloses in bold lettering in at least | 15 | | 12-point font the terms and conditions of the automatic | 16 | | contract renewal provision, including: (i) the estimated | 17 | | bill cycle on which the initial contract term expires and | 18 | | a statement that it could be later based on when the | 19 | | utility accepts the initial enrollment; (ii) the estimated | 20 | | bill cycle on which the new contract term begins and a | 21 | | statement that it will immediately follow the last billing | 22 | | cycle of the current term; (iii) the procedure to | 23 | | terminate the contract before the new contract term | 24 | | applies; and (iv) the cancellation procedure. If the | 25 | | alternative retail electric supplier sells or offers to | 26 | | sell the products or services to a consumer during an |
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| 1 | | in-person solicitation or telemarketing solicitation, the | 2 | | disclosures described in this subparagraph (A) shall also | 3 | | be made to the consumer verbally during the solicitation. | 4 | | Nothing in this subparagraph (A) shall be construed to | 5 | | apply to contracts entered into before January 1, 2020. | 6 | | (B) At least 30 days before, but not more than 60 | 7 | | days prior, to the end of the initial contract term, in | 8 | | any and all contracts that automatically renew after | 9 | | the initial term, the alternative retail electric | 10 | | supplier shall send, in addition to other disclosures | 11 | | required by law, a separate written notice of the | 12 | | contract renewal to the consumer that clearly and | 13 | | conspicuously discloses the following: | 14 | | (i) a statement printed or visible from the | 15 | | outside of the envelope or in the subject line of | 16 | | the email, if the customer has agreed to receive | 17 | | official documents by email, that states "Contract | 18 | | Renewal Notice"; | 19 | | (ii) a statement in bold lettering, in at | 20 | | least 12-point font, that the contract will | 21 | | automatically renew unless the customer cancels | 22 | | it; | 23 | | (iii) the billing cycle in which service under | 24 | | the current term will expire; | 25 | | (iv) the billing cycle in which service under | 26 | | the new term will begin; |
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| 1 | | (v) the process and options available to the | 2 | | consumer to reject the new contract terms; | 3 | | (vi) the cancellation process if the | 4 | | consumer's contract automatically renews before | 5 | | the consumer rejects the new contract terms; | 6 | | (vii) the terms and conditions of the new | 7 | | contract term; | 8 | | (viii) for a fixed rate contract, a | 9 | | side-by-side comparison of the current price and | 10 | | the new price; for a variable rate contract or | 11 | | time-of-use product in which the first month's | 12 | | renewal price can be determined, a side-by-side | 13 | | comparison of the current price and the price for | 14 | | the first month of the new variable or time-of-use | 15 | | price; or for a variable or time-of-use contract | 16 | | based on a publicly available index, a | 17 | | side-by-side comparison of the current formula and | 18 | | the new formula; and | 19 | | (ix) the phone number and email address to | 20 | | submit a consumer inquiry or complaint to the | 21 | | Illinois Commerce Commission and the Office of the | 22 | | Attorney General. | 23 | | (C) An alternative retail electric supplier shall | 24 | | not automatically renew a consumer's enrollment after | 25 | | the current term of the contract expires when the | 26 | | current term of the contract provides that the |
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| 1 | | consumer will be charged a fixed rate and the renewed | 2 | | contract provides that the consumer will be charged a | 3 | | variable rate, unless: (i) the alternative retail | 4 | | electric supplier complies with subparagraphs (A) and | 5 | | (B); and (ii) the customer expressly consents to the | 6 | | contract renewal in writing or by electronic signature | 7 | | at least 30 days, but no more than 60 days, before the | 8 | | contract expires. | 9 | | (D) This paragraph (7) does not apply to customers | 10 | | enrolled in a municipal aggregation program pursuant | 11 | | to Section 1-92 of the Illinois Power Agency Act. | 12 | | (8) All in-person and telephone solicitations shall be | 13 | | conducted in, translated into, and provided in a language | 14 | | in which the consumer subject to the marketing or | 15 | | solicitation is able to understand and communicate. An | 16 | | alternative retail electric supplier shall terminate a | 17 | | solicitation if the consumer subject to the marketing or | 18 | | communication is unable to understand and communicate in | 19 | | the language in which the marketing or solicitation is | 20 | | being conducted. An alternative retail electric supplier | 21 | | shall comply with Section 2N of this Act. | 22 | | (9) Beginning January 1, 2020, consumers shall have | 23 | | the right to terminate their contract with the alternative | 24 | | retail electric supplier at any time without any | 25 | | termination fees or penalties. | 26 | | (10) An alternative retail electric supplier shall not |
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| 1 | | submit a change to a customer's electric service provider | 2 | | in violation of Section 16-115E of the Public Utilities | 3 | | Act. | 4 | | (c) Complaints may be filed with the Illinois Commerce | 5 | | Commission under this Section by a consumer whose electric | 6 | | service has been provided by an alternative retail electric | 7 | | supplier in a manner not in compliance with this Section or by | 8 | | the Illinois Commerce Commission on its own motion when it | 9 | | appears to the Commission that an alternative retail electric | 10 | | supplier has provided service in a manner not in compliance | 11 | | with this Section. If, after notice and hearing, the | 12 | | Commission finds that an alternative retail electric supplier | 13 | | has violated this Section, the Commission may in its | 14 | | discretion do any one or more of the following: | 15 | | (1) Require the violating alternative retail electric | 16 | | supplier to refund to the consumer charges collected in | 17 | | excess of those that would have been charged by the | 18 | | consumer's authorized electric service provider. | 19 | | (2) Require the violating alternative retail electric | 20 | | supplier to pay to the consumer's authorized electric | 21 | | service provider the amount the authorized electric | 22 | | service provider would have collected for the electric | 23 | | service. The Commission is authorized to reduce this | 24 | | payment by any amount already paid by the violating | 25 | | alternative retail electric supplier to the consumer's | 26 | | authorized provider for electric service. |
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| 1 | | (3) Require the violating alternative retail electric | 2 | | supplier to pay a fine of up to $1,000 into the Public | 3 | | Utility Fund for each repeated and intentional violation | 4 | | of this Section. | 5 | | (4) Issue a cease and desist order. | 6 | | (5) For a pattern of violation of this Section or for | 7 | | intentionally violating a cease and desist order, revoke | 8 | | the violating alternative retail electric supplier's | 9 | | certificate of service authority.
| 10 | | (d) For purposes of this
Section: | 11 | | "Electric service provider"
shall have the meaning given | 12 | | that phrase in
Section 6.5 of the
Attorney General Act.
| 13 | | "Alternative retail electric supplier" has the meaning | 14 | | given to that term in Section 16-102 of the Public Utilities | 15 | | Act. | 16 | | (e)(1) Before an alternative retail electric supplier may | 17 | | warrant that it has a residential customer or small commercial | 18 | | retail customer's express consent agreement to access interval | 19 | | data pursuant to subsection (b) of Section 16-122 of the | 20 | | Public Utilities Act, the alternative retail electric supplier | 21 | | shall: (i) disclose to the consumer at the outset of the offer | 22 | | that the alternative retail electric supplier will access the | 23 | | consumer's interval data from the consumer's utility with the | 24 | | consumer's express agreement, and the consumer's option to | 25 | | refuse to provide express agreement to access the consumer's | 26 | | interval data; and (ii) obtain the consumer's express |
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| 1 | | agreement for the alternative retail electric supplier to | 2 | | access the consumer's interval data from the consumer's | 3 | | utility in a separate letter of agency, a distinct response to | 4 | | a third-party verification, or during a recorded enrollment | 5 | | initiated by the consumer with the consumer's consent. The | 6 | | disclosure by the alternative retail electric supplier to the | 7 | | consumer in this Section shall be conducted in, translated | 8 | | into, and provided in a language in which the consumer subject | 9 | | to the disclosure is able to understand and communicate. | 10 | | (2) Before an alternative retail electric supplier may | 11 | | warrant to an electric utility that it has an express | 12 | | agreement from a residential customer or small commercial | 13 | | retail customer who was enrolled with the alternative retail | 14 | | electric supplier prior to the effective date of this | 15 | | amendatory Act of the 102nd General Assembly to access the | 16 | | consumer's interval data pursuant to subsection (b)of Section | 17 | | 16-122 of the Public Utilities Act, an alternative retail | 18 | | electric supplier shall: (i) disclose to the consumer that the | 19 | | alternative retail electric supplier will access the | 20 | | consumer's interval data from the consumer's utility with the | 21 | | consumer's express agreement, which is a material change to | 22 | | the consumer's existing contract terms, and the consumer's | 23 | | option to refuse to provide express agreement to access the | 24 | | consumer's interval data; and (ii) obtain the consumer's | 25 | | express agreement for the alternative retail electric supplier | 26 | | to change the consumer's material contract terms to access the |
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| 1 | | consumer's interval data from the consumer's utility in a | 2 | | separate letter of agency, a distinct response to a | 3 | | third-party verification, or during a recorded enrollment | 4 | | initiated by the consumer with the consumer's consent. The | 5 | | disclosure by the alternative retail electric supplier to the | 6 | | consumer in this Section shall be conducted in, translated | 7 | | into, and provided in a language in which the consumer subject | 8 | | to the disclosure is able to understand and communicate. | 9 | | (3) An alternative retail electric supplier may refuse to | 10 | | enroll or may disenroll a residential customer or small | 11 | | commercial retail customer in a product or service pursuant to | 12 | | paragraph (4) of subsection (b) of Section 16-122 of the | 13 | | Public Utilities Act if the residential customer or small | 14 | | commercial retail customer does not provide or revokes consent | 15 | | under this subsection. | 16 | | (4) An alternative retail electric supplier shall not | 17 | | warrant that it has a non-residential customer's, other than a | 18 | | small commercial retail customer, consent to access interval | 19 | | data pursuant to subsection (b) of Section 16-122 of the | 20 | | Public Utilities Act unless the contract between the | 21 | | alternative retail electric supplier and the customer | 22 | | explicitly provides the alternative retail electric supplier | 23 | | with permission to access the customer's interval meter usage | 24 | | data. | 25 | | (Source: P.A. 101-590, eff. 1-1-20 .)".
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