Full Text of SB1445 99th General Assembly
SB1445enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning utilities.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 16-103 as follows:
| 6 | | (220 ILCS 5/16-103)
| 7 | | Sec. 16-103. Service obligations of electric utilities.
| 8 | | (a) An electric utility shall continue offering to
retail | 9 | | customers each tariffed service that it offered as a
distinct | 10 | | and identifiable service on the effective date of
this | 11 | | amendatory Act of 1997 until the service is (i) declared
| 12 | | competitive pursuant to Section 16-113, or (ii) abandoned
| 13 | | pursuant to Section 8-508. Nothing in this subsection shall be
| 14 | | construed as limiting an electric utility's right to propose,
| 15 | | or the Commission's power to approve, allow or order
| 16 | | modifications in the rates, terms and conditions for such
| 17 | | services pursuant to Article IX or Section 16-111 of this Act.
| 18 | | (b) An electric utility shall also offer, as tariffed
| 19 | | services, delivery services in accordance with this Article,
| 20 | | the power purchase options described in Section 16-110 and
| 21 | | real-time pricing as provided in Section 16-107.
| 22 | | (c) Notwithstanding any other provision of this Article,
| 23 | | each electric utility shall continue offering to all
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| 1 | | residential customers and to all small commercial retail
| 2 | | customers in its service area, as a tariffed service, bundled | 3 | | electric power
and
energy delivered to the customer's premises | 4 | | consistent with
the bundled utility service provided by the | 5 | | electric utility
on the effective date of this amendatory Act | 6 | | of 1997. Upon
declaration of the provision of electric power | 7 | | and energy as
competitive, the electric utility shall continue | 8 | | to offer to
such customers, as a tariffed service, bundled | 9 | | service options
at rates which reflect recovery of all cost | 10 | | components for
providing the service. For those components of | 11 | | the service
which have been declared competitive, cost shall be | 12 | | the market
based prices. Market based prices as referred to | 13 | | herein shall
mean, for electric power and energy, either (i) | 14 | | those prices
for electric power and energy determined as | 15 | | provided in
Section 16-112, or (ii) the electric utility's cost | 16 | | of
obtaining the electric power and energy at wholesale through | 17 | | a
competitive bidding or other arms-length acquisition | 18 | | process.
| 19 | | (d) Any residential or small commercial retail customer
| 20 | | which elects delivery services is entitled to return to the
| 21 | | electric utility's bundled utility tariffed service offering
| 22 | | provided in accordance with subsection (c) of this Section
upon | 23 | | payment of a reasonable administrative fee which shall be
set | 24 | | forth in the tariff. Notwithstanding any other obligation of an | 25 | | electric utility in this Section: (1) if If the residential or | 26 | | small commercial customer has not elected delivery services |
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| 1 | | within 2 billing cycles after returning to the electric | 2 | | utility's bundled utility tariffed service offering, then the | 3 | | electric utility shall be entitled , but not required, to impose | 4 | | the condition that such customer may not elect delivery | 5 | | services for up to 12 months after the date on which the | 6 | | customer returned to bundled utility tariffed service and (2) | 7 | | the electric utility shall be entitled, but not required, to | 8 | | impose the condition that a customer who has left delivery | 9 | | service for the electric utility's bundled service , provided, | 10 | | however, that the customer shall not be permitted to return to | 11 | | the same alternative retail electric supplier within up to 2 | 12 | | billing cycles after the customer returned to bundled utility | 13 | | tariffed service other than in situations , including, but not | 14 | | limited to, where the return was in error, inadvertent, or the | 15 | | result of any other unintended operational consequence.
| 16 | | (e) The Commission shall not require an electric utility
to | 17 | | offer any tariffed service other than the services required
by | 18 | | this Section, and shall not require an electric utility to
| 19 | | offer any competitive service.
| 20 | | (Source: P.A. 97-497, eff. 8-22-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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