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90_SB1265sam002 LRB9009114JSgcam01 1 AMENDMENT TO SENATE BILL 1265 2 AMENDMENT NO. . Amend Senate Bill 1265, AS AMENDED, 3 by inserting immediately after the end of Section 15 the 4 following: 5 "Section 20. The Public Utilities Act is amended by 6 changing Section 17-300 as follows: 7 (220 ILCS 5/17-300) 8 Sec. 17-300. Election to be an alternative retail 9 electric supplier. 10 (a) An electric cooperative or municipal system may, by 11 appropriate action, and at the sole discretion of the 12 governing body of each, make an election to become an 13 alternative retail electric supplier. A generation and 14 transmission electric cooperative may not, as an alternative 15 retail electric supplier, serve any present or future retail 16 customers of a distribution electric cooperative not a member 17 of that generation and transmission electric cooperative 18 unless at least 30% of the total number of meters of the 19 generation and transmission electric cooperative's 20 member-cooperatives are eligible to obtain electric power and 21 energy from an alternative retail electric supplier other 22 than the generation and transmission electric cooperative or -2- LRB9009114JSgcam01 1 an electric utility due to member-cooperative elections 2 pursuant to either Section 17-200 or 17-300. 3 (b) Commission authority over an electric cooperative or 4 municipal system electing to be an alternative retail 5 electric supplier. An electric cooperative or municipal 6 system electing to be an alternative retail electric supplier 7 shall provide those services in accordance with Sections 8 16-115A and 16-115B of this Act, to the extent that these 9 Sections have application to the services being offered by 10 the electric cooperative or municipal system as an 11 alternative retail electric supplier. In no case shall these 12 provisions apply to the existing or future customers taking 13 delivery services from an electric cooperative or municipal 14 system pursuant to their respective authority under the 15 Electric Supplier Act or the Illinois Municipal Code. 16 (c) Notification of election to be an alternative retail 17 electric supplier. Upon filing notice of intent by an 18 electric cooperative or a municipal system to become an 19 alternative retail electric supplier, the Commission shall 20 issue within 45 days a certificate of service authority for 21 the entire State or for a specified geographic area of the 22 State, as specified in the notice. Issuance of a certificate 23 of service authority shall constitute compliance with Section 24 16-115 of this Act. 25 (d) Delivery services provided by electric cooperatives 26 or municipal systems. Municipal systems or electric 27 cooperatives making an election under this Section shall be 28 required to provide delivery services on their respective 29 systems to the electric utility or utilities in whose service 30 area or areas the proposed service will be offered. Such 31 required delivery services to be provided by the electric 32 cooperatives and municipal systems shall be reasonably 33 comparable to the delivery services provided to the electric 34 cooperative's and municipal system's own customers. -3- LRB9009114JSgcam01 1 (e) Exclusive authority over distribution facilities. 2 Provided that, and subject to their authority to serve 3 customers pursuant to the Electric Supplier Act with respect 4 to electric cooperatives and pursuant to the Illinois 5 Municipal Code with respect to municipal systems, each shall 6 continue to provide the exclusive distribution facilities for 7 any existing and future customers that the electric 8 cooperative or municipal system is now or in the future 9 otherwise entitled to serve, and which customers are now or 10 in the future receiving service provided by an alternative 11 retail electric supplier. 12 (Source: P.A. 90-561, eff. 12-16-97.)".