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(220 ILCS 5/16-119A)
Sec. 16-119A. Functional separation.
(a) Within 90 days after the effective date of this amendatory Act of 1997,
the Commission shall open a rulemaking proceeding to
establish standards of conduct for every electric utility
described in subsection (b). To create efficient competition
between suppliers of generating services and sellers of such
services at retail and wholesale, the rules shall allow all
customers of a public utility that distributes electric power
and energy to purchase electric power and energy from the
supplier of their choice in accordance with the provisions of
Section 16-104. In addition, the rules shall address relations
between providers of any 2 services described in subsection (b)
to prevent undue discrimination and promote efficient
competition. Provided, however, that a proposed rule shall not be
published prior to May 15, 1999.
(b) The Commission shall also have the authority to investigate
the need for, and adopt rules requiring, functional separation
between the generation services and the delivery services of
those electric utilities whose principal service area is in
Illinois as necessary to meet the objective of creating efficient
competition between suppliers of generating services and sellers
of such services at retail and wholesale. After January 1, 2003,
the Commission shall also have the authority to investigate the
need for, and adopt rules requiring, functional separation
between an electric utility's competitive and non-competitive
services.
(b-5) If there is a change in ownership of a majority of the voting
capital
stock of
an electric utility or the ownership or control of any entity that owns or
controls a
majority of the voting capital stock of an electric utility, the electric
utility shall have the
right to file with the Commission a new plan. The newly filed plan shall
supersede any plan previously
approved
by the Commission pursuant to this Section for that electric utility, subject
to Commission approval. This
subsection only
applies to the extent that the Commission rules for the functional separation
of delivery
services and generation services provide an electric utility with the ability
to select from 2
or more options to comply with this Section. The electric utility may file its
revised plan
with the Commission up to one calendar year after the conclusion of the sale,
purchase,
or any other transfer of ownership described in this subsection. In all other
respects, an electric utility must comply with the Commission rules in effect
under this Section. The Commission
may
promulgate rules to implement this subsection. This subsection shall have no
legal effect after January 1, 2005.
(c) In establishing or considering the need for rules under
subsections (a) and (b), the Commission shall take into account
the effects on the cost and reliability of service and the
obligation of the utility to provide bundled service under this
Act. The Commission shall adopt rules that are a cost effective
means to ensure compliance with this Section.
(d) Nothing in this Section shall be construed as imposing any
requirements or obligations that are in conflict with federal
law.
(e) Notwithstanding anything to the contrary, an electric utility may market and promote the services, rates and programs authorized by Sections 16-107, and 16-108.6 of this Act.(Source: P.A. 99-906, eff. 6-1-17.)
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