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90_HB3533
220 ILCS 5/16-116
Amends the Public Utilities Act. Makes a technical
change in a Section concerning Commerce Commission oversight
of electric utilities serving customers outside of their
service area.
LRB9010137JSdv
LRB9010137JSdv
1 AN ACT to amend the Public Utilities Act by changing
2 Section 16-116.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 6-116 as follows:
7 (220 ILCS 5/16-116)
8 Sec. 16-116. Commerce Commission oversight of electric
9 utilities serving retail customers outside their service
10 areas or providing competitive, non-tariffed services.
11 (a) An electric utility that has a tariff on file for
12 delivery services may, without regard to any otherwise
13 applicable tariffs on file, provide electric power and energy
14 to one or more retail customers located outside its service
15 area, but only to the extent (i) such retail customer (A) is
16 eligible for delivery services under any delivery services
17 tariff filed with the Commission by the electric utility in
18 whose service area the retail customer is located and (B) has
19 either elected to take such delivery services or has paid or
20 contracted to pay the charges specified in Sections 16-108
21 and 16-114, or (ii) if such retail customer is served by a
22 municipal system or electric cooperative, the customer is
23 eligible for delivery services under the terms and conditions
24 for such service established by the municipal system or
25 electric cooperative serving that customer.
26 (b) An electric utility may offer any competitive
27 service to any customer or group of customers without filing
28 contracts with or seeking approval of the Commission,
29 notwithstanding any rule or regulation that would require
30 such approval. The Commission shall not increase or decrease
31 the prices, and may not alter or add to the terms and
-2- LRB9010137JSdv
1 conditions for the utility's competitive services, from those
2 agreed to by the electric utility and the customer or
3 customers. Non-tariffed, competitive services shall not be
4 subject to the provisions of the Electric Supplier Act or to
5 Articles V, VII, VIII or IX of the Act, except to the extent
6 that any provisions of such Articles are made applicable to
7 alternative retail electric suppliers pursuant to Sections
8 16-115 and 16-115A, but shall be subject to the provisions of
9 subsections (b) through (g) of Section 16-115A, and Section
10 16-115B to the same extent such provisions are applicable to
11 the services provided by alternative retail electric
12 suppliers.
13 (Source: P.A. 90-561, eff. 12-16-97.)