(220 ILCS 5/16-110)
Sec. 16-110.
Delivery services customer power purchase
options.
(a) Each electric utility shall offer a tariffed service
or services in accordance with the terms and conditions set
forth in this Section pursuant to which its non-residential delivery services
customers may purchase from the electric utility an amount of
electric power and energy that is equal to or less than the
amounts that are delivered by such electric utility.
(b) Except as provided in subsection (o) of Section 16-112, a
non-residential delivery services customer
that is paying transition charges to the electric utility
shall be permitted to purchase electric power and energy from
the electric utility at a price or prices equal to the sum of
(i) the market values that are determined for the electric
utility in accordance with Section 16-112 and used by the
electric utility to calculate the customer's transition
charges and (ii) a fee that compensates the electric utility
for any administrative costs it incurs in arranging to supply
such electric power and energy. The electric utility may
require that the customer purchase such electric power and
energy for periods of not less than one year and may also
require that the customer give up to 30 days notice for a
purchase of one year's duration, and 90 days notice for a
purchase of more than one year's duration. A non-residential delivery service
customer exercising the option described in this subsection
may sell or assign its interests in the electric power or
energy that the customer has purchased.
In the case of any such assignment or sale by any non-residential delivery
service customer to an alternative retail electric supplier that is serving
such customer and has been certified pursuant to Section 16-115, an electric
utility serving more than 500,000 customers shall provide such power and energy
at the same market value as set forth in clause (i) of this subsection,
together with the fee charged under clause (ii) of this subsection, less any
costs included in such market value or fee with respect to retail marketing
activities, provided, however, that in no event shall an electric utility be
required after June 1, 2002 to provide power and energy at this market value
plus fee that excludes marketing costs for any such assignment or sale by a
non-residential customer to an alternative retail electric supplier.
At least twice per year, each electric utility shall notify its small
commercial retail customers, through bill inserts and other similar
means, of their option to obtain electric power and energy through purchases at
market value pursuant to this subsection.
(c) After the transition charge period applicable to a non-residential
delivery services customer, and until the provision of
electric power and energy is declared competitive for the
customer group to which the customer belongs, a non-residential delivery
services customer that paid any transition charges it was
legally obligated to pay to an electric utility shall be
permitted to purchase electric power and energy from the
electric utility for contract periods of one year at a price
or prices equal to the sum of (i) the market value determined
for that customer's class
pursuant to Section 16-112 and (ii) to the extent it is not
included in such market value, a fee to compensate the
electric utility for the service of arranging the supply or
purchase of such electric power and energy. The electric
utility may require that a delivery services customer give the
following notice for such a purchase: (i) for a small commercial retail
customer, not more than 30 days; (ii)
for a nonresidential customer which is not a small commercial
retail customer but which has maximum electrical demand of
less than 500 kilowatts, not more than 6 months; (iii) for a
nonresidential customer with maximum electrical demand of 500
kilowatts or more but less than one megawatt, not more than 9
months; and (iv) for a nonresidential customer with maximum
electrical demand of one megawatt or more, not more than one year.
At least twice per year, each electric utility shall notify
its small commercial retail customers, through
bill inserts or other similar means, of their option to obtain
electric power and energy through purchases at market value
pursuant to this subsection.
(d) After the transition charge period applicable to a
non-residential delivery services customer, and until the provision of
electric power and energy is declared competitive for the
customer group to which the customer belongs, a non-residential delivery
services customer, other than a small commercial retail
customer, that paid any transition charges it was
legally obligated to pay to an electric utility shall be
permitted to purchase electric power and energy from the
electric utility for contract periods of one year at a price
or prices equal to (A) the sum of (i) the electric utility's
actual cost of procuring such electric power and energy and
(ii) a broker's fee to compensate the electric utility for
arranging the supply, or, if the utility so elects, (B) the
market value of electric power or energy provided by the
electric utility determined as set forth in the electric
utility's tariff for that customer's class. The electric utility may require
that the
delivery services customer give up to 30 days notice for such
a purchase.
(e) Each delivery services customer purchasing electric
power and energy from the electric utility pursuant to a
tariff filed in accordance with this Section shall also pay
all of the applicable charges set forth in the electric
utility's delivery services tariffs and any other tariffs
applicable to the services provided to that customer by the
electric utility.
(f) An electric utility can require a retail customer
taking delivery services that formerly generated electric
power and energy for its own use and that would not otherwise
pay transition charges on a portion of its electric power and
energy requirements served on delivery services to pay
transition charges on that portion of the customer's electric
power and energy requirements as a condition of exercising the
delivery services customer power purchase options set forth in
this Section.
(Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)
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