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(220 ILCS 5/16-116)
Sec. 16-116. Commission oversight of electric utilities serving retail
customers
outside their service areas or providing
competitive, non-tariffed services.
(a) An electric utility that has a tariff on file for
delivery services may, without regard to any otherwise
applicable tariffs on file, provide electric power and energy
to one or more retail customers located outside its service
area, but only to the extent (i) such retail customer (A) is
eligible for delivery services under any delivery services
tariff filed with the Commission by the electric utility in
whose service area the retail customer is located and (B) has
either elected to take such delivery services or has paid or
contracted to pay the charges specified in Sections 16-108 and
16-114, or (ii) if such retail customer is served by a
municipal system or electric cooperative, the customer is
eligible for delivery services under the terms and conditions
for such service established by the municipal system or
electric cooperative serving that customer.
(b) An electric utility may offer any competitive
service to any customer or group of customers without filing
contracts with or seeking approval of the Commission, notwithstanding any rule
or regulation that would require such
approval. The Commission shall not increase or decrease the
prices, and may not alter or add to the terms and conditions
for the utility's competitive services, from those agreed to by the electric
utility and the customer or customers. Non-tariffed, competitive services
shall
not be subject to the provisions of the Electric Supplier Act or to Articles V,
VII, VIII or
IX of the Act, except to the extent that any provisions of
such Articles are made applicable to alternative retail
electric suppliers pursuant to Sections 16-115 and 16-115A, but shall be
subject to the provisions of subsections (b) through (g) of Section 16-115A,
and Section 16-115B to the same extent such provisions are applicable to the
services provided by alternative retail electric suppliers.
(c) Electric utilities serving retail customers outside their service areas shall be subject to the requirements of paragraph (5) of subsection (d) of Section 16-115 of the Public Utilities Act, except that the numerators referred to in that subsection (d) shall be the utility's retail market sales of electricity (expressed in kilowatthours sold) in the State outside of the utility's service territory in the prior month. (Source: P.A. 95-1027, eff. 6-1-09.)
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