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92_HB0952
LRB9207144JSpc
1 AN ACT concerning public utilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by
5 changing Sections 16-102, 16-116, 16-124, and 16-128 and
6 adding Sections 16-115C, 16-115D, and 16-115E as follows:
7 (220 ILCS 5/16-102)
8 Sec. 16-102. Definitions. For the purposes of this
9 Article the following terms shall be defined as set forth in
10 this Section.
11 "Alternative retail electric supplier" means every
12 person, cooperative, corporation, municipal corporation,
13 company, association, joint stock company or association,
14 firm, partnership, individual, or other entity, their
15 lessees, trustees, or receivers appointed by any court
16 whatsoever, that offers electric power or energy for sale,
17 lease or in exchange for other value received to one or more
18 retail customers, or that engages in the delivery or
19 furnishing of electric power or energy to such retail
20 customers, and shall include, without limitation, resellers,
21 aggregators and power marketers, but shall not include (i)
22 electric utilities (or any agent of the electric utility to
23 the extent the electric utility provides tariffed services to
24 retail customers through that agent), (ii) any electric
25 cooperative or municipal system as defined in Section 17-100
26 to the extent that the electric cooperative or municipal
27 system is serving retail customers within any area in which
28 it is or would be entitled to provide service under the law
29 in effect immediately prior to the effective date of this
30 amendatory Act of 1997, (iii) a public utility that is owned
31 and operated by any public institution of higher education of
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1 this State, or a public utility that is owned by such public
2 institution of higher education and operated by any of its
3 lessees or operating agents, within any area in which it is
4 or would be entitled to provide service under the law in
5 effect immediately prior to the effective date of this
6 amendatory Act of 1997, (iv) a retail customer to the extent
7 that customer obtains its electric power and energy from that
8 customer's own cogeneration or self-generation facilities,
9 (v) an entity that owns, operates, sells, or arranges for the
10 installation of a customer's own cogeneration or
11 self-generation facilities, but only to the extent the entity
12 is engaged in owning, selling or arranging for the
13 installation of such facility, or operating the facility on
14 behalf of such customer, provided however that any such third
15 party owner or operator of a facility built after January 1,
16 1999, complies with the labor provisions of Section 16-128(a)
17 as though such third party were an alternative retail
18 electric supplier, or (vi) an industrial or manufacturing
19 customer that owns its own distribution facilities, to the
20 extent that the customer provides service from that
21 distribution system to a third-party contractor located on
22 the customer's premises that is integrally and predominantly
23 engaged in the customer's industrial or manufacturing
24 process; provided, that if the industrial or manufacturing
25 customer has elected delivery services, the customer shall
26 pay transition charges applicable to the electric power and
27 energy consumed by the third-party contractor unless such
28 charges are otherwise paid by the third party contractor,
29 which shall be calculated based on the usage of, and the base
30 rates or the contract rates applicable to, the third-party
31 contractor in accordance with Section 16-102.
32 "Base rates" means the rates for those tariffed services
33 that the electric utility is required to offer pursuant to
34 subsection (a) of Section 16-103 and that were identified in
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1 a rate order for collection of the electric utility's base
2 rate revenue requirement, excluding (i) separate automatic
3 rate adjustment riders then in effect, (ii) special or
4 negotiated contract rates, (iii) delivery services tariffs
5 filed pursuant to Section 16-108, (iv) real-time pricing, or
6 (v) tariffs that were in effect prior to October 1, 1996 and
7 that based charges for services on an index or average of
8 other utilities' charges, but including (vi) any subsequent
9 redesign of such rates for tariffed services that is
10 authorized by the Commission after notice and hearing.
11 "Competitive service" includes (i) any service that has
12 been declared to be competitive pursuant to Section 16-113 of
13 this Act, (ii) contract service, and (iii) services, other
14 than tariffed services, that are related to, but not
15 necessary for, the provision of electric power and energy or
16 delivery services.
17 "Contract service" means (1) services, including the
18 provision of electric power and energy or other services,
19 that are provided by mutual agreement between an electric
20 utility and a retail customer that is located in the electric
21 utility's service area, provided that, delivery services
22 shall not be a contract service until such services are
23 declared competitive pursuant to Section 16-113; and also
24 means (2) the provision of electric power and energy and the
25 provision of the services set forth in the definition of
26 "provider of unbundled delivery services" in this Section by
27 an electric utility to retail customers outside the electric
28 utility's service area pursuant to Section 16-116. Provided,
29 however, contract service does not include electric utility
30 services provided pursuant to (i) contracts that retail
31 customers are required to execute as a condition of receiving
32 tariffed services, or (ii) special or negotiated rate
33 contracts for electric utility services that were entered
34 into between an electric utility and a retail customer prior
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1 to the effective date of this amendatory Act of 1997 and
2 filed with the Commission.
3 "Delivery services" means those services provided by the
4 electric utility that are necessary in order for the
5 transmission and distribution systems to function so that
6 retail customers located in the electric utility's service
7 area can receive electric power and energy from suppliers
8 other than the electric utility, and shall include, without
9 limitation, standard metering and billing services.
10 "Electric utility" means a public utility, as defined in
11 Section 3-105 of this Act, that has a franchise, license,
12 permit or right to furnish or sell electricity to retail
13 customers within a service area.
14 "Mandatory transition period" means the period from the
15 effective date of this amendatory Act of 1997 through January
16 1, 2005.
17 "Provider of unbundled delivery services" means every
18 person, cooperative, corporation, municipal corporation,
19 company, association, joint stock company or association,
20 firm, partnership, individual, or other entity, their
21 lessees, trustees, or receivers appointed by any court
22 whatsoever, that offers to a retail customer for sale, lease,
23 or other value received any metering service other than that
24 excluded by clause (iv) of this definition or unbundled
25 delivery services (other than those delivery services
26 regulated by the Federal Energy Regulatory Commission) that
27 is specified in a Commission order requiring an electric
28 utility to unbundle its delivery services under Section
29 16-108 or 16-109, but the term "provider of unbundled
30 delivery services" shall not include (i) an electric utility
31 (or any agent of the electric utility to the extent the
32 electric utility provides tariffed services to retail
33 customers through that agent) within the utility's service
34 area, (ii) any electric cooperative or municipal system as
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1 defined in Section 17-100 to the extent that the electric
2 cooperative or municipal system is serving retail customers
3 within any area in which it is or would be entitled to
4 provide service under the law in effect immediately prior to
5 December 16, 1997, (iii) a public utility that is owned and
6 operated by any public institution of higher education of
7 this State, or a public utility that is owned by such public
8 institution of higher education and operated by any of its
9 lessees or operating agents, within any area in which it is
10 or would be entitled to provide service under the law in
11 effect immediately prior to December 16, 1997, or (iv) a
12 provider of meter services that installs, provides, or
13 maintains equipment on the premises of a retail customer
14 under circumstances in which no entity other than the retail
15 customer relies on the accuracy, safety, or proper
16 installation and maintenance of the equipment.
17 "Municipal system" shall have the meaning set forth in
18 Section 17-100.
19 "Real-time pricing" means charges for delivered electric
20 power and energy that vary on an hour-to-hour basis for
21 nonresidential retail customers and that vary on a periodic
22 basis during the day for residential retail customers.
23 "Retail customer" means a single entity using electric
24 power or energy at a single premises and that (A) either (i)
25 is receiving or is eligible to receive tariffed services from
26 an electric utility, or (ii) that is served by a municipal
27 system or electric cooperative within any area in which the
28 municipal system or electric cooperative is or would be
29 entitled to provide service under the law in effect
30 immediately prior to the effective date of this amendatory
31 Act of 1997, or (B) an entity which on the effective date of
32 this Act was receiving electric service from a public utility
33 and (i) was engaged in the practice of resale and
34 redistribution of such electricity within a building prior to
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1 January 2, 1957, or (ii) was providing lighting services to
2 tenants in a multi-occupancy building, but only to the extent
3 such resale, redistribution or lighting service is authorized
4 by the electric utility's tariffs that were on file with the
5 Commission on the effective date of this Act.
6 "Service area" means (i) the geographic area within which
7 an electric utility was lawfully entitled to provide electric
8 power and energy to retail customers as of the effective date
9 of this amendatory Act of 1997, and includes (ii) the
10 location of any retail customer to which the electric utility
11 was lawfully providing electric utility services on such
12 effective date.
13 "Small commercial retail customer" means those
14 nonresidential retail customers of an electric utility
15 consuming 15,000 kilowatt-hours or less of electricity
16 annually in its service area.
17 "Tariffed service" means services provided to retail
18 customers by an electric utility as defined by its rates on
19 file with the Commission pursuant to the provisions of
20 Article IX of this Act, but shall not include competitive
21 services.
22 "Transition charge" means a charge expressed in cents per
23 kilowatt-hour that is calculated for a customer or class of
24 customers as follows for each year in which an electric
25 utility is entitled to recover transition charges as provided
26 in Section 16-108:
27 (1) the amount of revenue that an electric utility
28 would receive from the retail customer or customers if it
29 were serving such customers' electric power and energy
30 requirements as a tariffed service based on (A) all of
31 the customers' actual usage during the 3 years ending 90
32 days prior to the date on which such customers were first
33 eligible for delivery services pursuant to Section
34 16-104, and (B) on (i) the base rates in effect on
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1 October 1, 1996 (adjusted for the reductions required by
2 subsection (b) of Section 16-111, for any reduction
3 resulting from a rate decrease under Section 16-101(b),
4 for any restatement of base rates made in conjunction
5 with an elimination of the fuel adjustment clause
6 pursuant to subsection (b), (d), or (f) of Section 9-220
7 and for any removal of decommissioning costs from base
8 rates pursuant to Section 16-114) and any separate
9 automatic rate adjustment riders (other than a
10 decommissioning rate as defined in Section 16-114) under
11 which the customers were receiving or, had they been
12 customers, would have received electric power and energy
13 from the electric utility during the year immediately
14 preceding the date on which such customers were first
15 eligible for delivery service pursuant to Section 16-104,
16 or (ii) to the extent applicable, any contract rates,
17 including contracts or rates for consolidated or
18 aggregated billing, under which such customers were
19 receiving electric power and energy from the electric
20 utility during such year;
21 (2) less the amount of revenue, other than revenue
22 from transition charges and decommissioning rates, that
23 the electric utility would receive from such retail
24 customers for delivery services provided by the electric
25 utility, assuming such customers were taking delivery
26 services for all of their usage, based on the delivery
27 services tariffs in effect during the year for which the
28 transition charge is being calculated and on the usage
29 identified in paragraph (1);
30 (3) less the market value for the electric power
31 and energy that the electric utility would have used to
32 supply all of such customers' electric power and energy
33 requirements, as a tariffed service, based on the usage
34 identified in paragraph (1), with such market value
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1 determined in accordance with Section 16-112 of this Act;
2 (4) less the following amount which represents the
3 amount to be attributed to new revenue sources and cost
4 reductions by the electric utility through the end of the
5 period for which transition costs are recovered pursuant
6 to Section 16-108, referred to in this Article XVI as a
7 "mitigation factor":
8 (A) for nonresidential retail customers, an
9 amount equal to the greater of (i) 0.5 cents per
10 kilowatt-hour during the period October 1, 1999
11 through December 31, 2004, 0.6 cents per
12 kilowatt-hour in calendar year 2005, and 0.9 cents
13 per kilowatt-hour in calendar year 2006, multiplied
14 in each year by the usage identified in paragraph
15 (1), or (ii) an amount equal to the following
16 percentages of the amount produced by applying the
17 applicable base rates (adjusted as described in
18 subparagraph (1)(B)) or contract rate to the usage
19 identified in paragraph (1): 8% for the period
20 October 1, 1999 through December 31, 2002, 10% in
21 calendar years 2003 and 2004, 11% in calendar year
22 2005 and 12% in calendar year 2006; and
23 (B) for residential retail customers, an
24 amount equal to the following percentages of the
25 amount produced by applying the base rates in effect
26 on October 1, 1996 (adjusted as described in
27 subparagraph (1)(B)) to the usage identified in
28 paragraph (1): (i) 6% from May 1, 2002 through
29 December 31, 2002, (ii) 7% in calendar years 2003
30 and 2004, (iii) 8% in calendar year 2005, and (iv)
31 10% in calendar year 2006;
32 (5) divided by the usage of such customers
33 identified in paragraph (1),
34 provided that the transition charge shall never be less than
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1 zero.
2 "Unbundled service" means a component or constituent part
3 of a tariffed service which the electric utility subsequently
4 offers separately to its customers.
5 (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)
6 (220 ILCS 5/16-115C new)
7 Sec. 16-115C. Obligations and certification of providers
8 of unbundled delivery services.
9 (a) Any provider of unbundled delivery services must
10 obtain a certificate of service authority from the Commission
11 in accordance with this Section before providing the services
12 identified in the definition of "provider of unbundled
13 delivery services" in Section 16-102.
14 (b) A provider of unbundled delivery services seeking a
15 certificate of service authority shall file with the
16 Commission a verified application containing information
17 showing that the applicant meets the requirements of this
18 Section. The provider of unbundled delivery services shall
19 publish notice of its application in the official State
20 newspaper within 10 days following the date of its filing.
21 No later than 45 days after the application is properly filed
22 with the Commission, and such notice is published, the
23 Commission shall issue its order granting or denying the
24 application.
25 (c) The Commission shall grant the application for a
26 certificate of service authority if it makes the findings set
27 forth in this subsection based on the verified application
28 and such other information as the applicant may submit:
29 (1) that the applicant possesses sufficient
30 technical, financial, and managerial resources and
31 abilities to provide the service for which it seeks a
32 certificate of service authority. In determining the
33 level of technical, financial, and managerial resources
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1 and abilities which the applicant must demonstrate, the
2 Commission shall consider the characteristics, including
3 the size and financial sophistication, of the customers
4 that the applicant seeks to serve;
5 (2) that the applicant will comply with all
6 applicable federal, State, regional, and industry rules,
7 policies, practices, and procedures for the use,
8 operation, and maintenance of the safety, integrity, and
9 reliability of the inter-connected electric delivery
10 system;
11 (3) that the applicant will only provide service to
12 retail customers in an electric utility's service area
13 that are taking delivery services under this Act;
14 (4) that the applicant will comply with such
15 informational, testing, accuracy, and reporting
16 requirements as the Commission may by rule establish;
17 (5) that the applicant will comply with the
18 provisions of Section 16-128 of this Act; and
19 (6) that the applicant will comply with all other
20 applicable laws and rules.
21 (d) The Commission shall have the authority to
22 promulgate rules to carry out the provisions of this Section.
23 (220 ILCS 5/16-115D new)
24 Sec. 16-115D. Obligations of providers of unbundled
25 delivery services.
26 (a) A provider of unbundled delivery services shall:
27 (1) comply with the requirements imposed on public
28 utilities by Sections 8-201 through 8-207, 8-301, 8-302,
29 8-303, 8-305, 8-505, and 8-507 of this Act, to the extent
30 that these Sections have application to the services
31 being offered by the provider of unbundled delivery
32 services; and
33 (2) continue to comply with the requirements for
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1 certification stated in subsection (c) of Section
2 16-115C.
3 (b) A provider of unbundled delivery services shall
4 obtain verifiable authorization from a customer, in a form or
5 manner approved by the Commission in the manner provided by
6 Section 2EE of the Consumer Fraud and Deceptive Business
7 Practices Act, before the customer is switched from another
8 provider.
9 (220 ILCS 5/16-115E new)
10 Sec. 16-115E. Commission oversight of services provided
11 by providers of unbundled delivery services.
12 (a) The Commission shall have jurisdiction in accordance
13 with the provisions of Article X of this Act to entertain and
14 dispose of any complaint against any provider of unbundled
15 delivery services alleging (i) that the provider of unbundled
16 delivery services has violated or is in nonconformance with
17 any applicable provisions of Section 16-115C through Section
18 16-115D; (ii) that a provider of unbundled delivery services
19 serving retail customers having maximum demands of less than
20 one megawatt has failed to provide service in accordance with
21 the terms of its contract or contracts with such customer or
22 customers; (iii) that the provider of unbundled delivery
23 services has violated or is in non-conformance with the
24 delivery services tariff of, or any of its agreements
25 relating to delivery services with, the electric utility,
26 municipal system, or electric cooperative providing delivery
27 services; or (iv) that the provider of unbundled delivery
28 services has violated or failed to comply with the
29 requirements of Sections 8-201 through 8-207, 8-301, 8-302,
30 8-303, 8-305, 8-505, or 8-507 of this Act as made applicable
31 to providers of unbundled delivery services.
32 (b) The Commission shall have authority, after notice
33 and hearing held on complaint or on the Commission's own
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1 motion:
2 (1) to order a provider of unbundled delivery
3 services to cease and desist, or correct, any violation
4 of or non-conformance with the provisions of Section
5 16-115C or Section 16-115D;
6 (2) to impose financial penalties for violations of
7 or non-conformances with the provisions of Section
8 16-115C or Section 16-115D, not to exceed (i) $10,000 per
9 occurrence or (ii) $30,000 per day for those violations
10 or non-conformances which continue after the Commission
11 issues a cease-and-desist order; and
12 (3) to alter, modify, revoke, or suspend the
13 certificate of service authority of a provider of
14 unbundled delivery services for substantial or repeated
15 violations of or non-conformances with the provisions of
16 Section 16-115C or Section 16-115D.
17 (220 ILCS 5/16-116)
18 Sec. 16-116. Commission oversight of electric utilities
19 serving retail customers outside their service areas or
20 providing competitive, non-tariffed services.
21 (a) An electric utility that has a tariff on file for
22 delivery services may, without regard to any otherwise
23 applicable tariffs on file, provide electric power and energy
24 or services as described in the definition of "provider of
25 unbundled delivery services" in Section 16-102 to one or more
26 retail customers located outside its service area, but only
27 to the extent (i) such retail customer (A) is eligible for
28 delivery services under any delivery services tariff filed
29 with the Commission by the electric utility in whose service
30 area the retail customer is located and (B) has either
31 elected to take such delivery services or has paid or
32 contracted to pay the charges specified in Sections 16-108
33 and 16-114, or (ii) if such retail customer is served by a
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1 municipal system or electric cooperative, the customer is
2 eligible for delivery services under the terms and conditions
3 for such service established by the municipal system or
4 electric cooperative serving that customer.
5 (b) An electric utility may offer any competitive
6 service to any customer or group of customers without filing
7 contracts with or seeking approval of the Commission,
8 notwithstanding any rule or regulation that would require
9 such approval. The Commission shall not increase or decrease
10 the prices, and may not alter or add to the terms and
11 conditions for the utility's competitive services, from those
12 agreed to by the electric utility and the customer or
13 customers. Non-tariffed, competitive services shall not be
14 subject to the provisions of the Electric Supplier Act or to
15 Articles V, VII, VIII or IX of the Act, except to the extent
16 that any provisions of such Articles are made applicable to
17 alternative retail electric suppliers pursuant to Sections
18 16-115 and 16-115A, but shall be subject to the provisions of
19 subsections (b) through (g) of Section 16-115A, and Section
20 16-115B to the same extent such provisions are applicable to
21 the services provided by alternative retail electric
22 suppliers. Non-tariffed, competitive services related to the
23 provision of meter services and unbundled delivery services
24 shall not be subject to the provisions of the Electric
25 Supplier Act or to Articles V, VII, VIII, or IX of this Act,
26 except to the extent that any provisions of such Articles are
27 made applicable to providers of unbundled delivery services
28 pursuant to Sections 16-115C and 16-115D, but shall be
29 subject to the provisions of Section 16-115D and Section
30 16-115E.
31 (Source: P.A. 90-561, eff. 12-16-97.)
32 (220 ILCS 5/16-124)
33 Sec. 16-124. Metering for residential and small
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1 commercial retail customers. An electric utility shall not
2 require a residential or small commercial retail customer to
3 take additional metering or metering capability as a
4 condition of taking delivery services unless the Commission
5 finds, after notice and hearing, that additional metering or
6 metering capability is required to meet reliability
7 requirements. Alternative retail electric suppliers serving
8 such customers may provide such additional metering or
9 metering capability at their own expense or for value
10 received if the alternative retail electric supplier has
11 obtained a certificate of service authority under Section
12 16-115C, or take such additional metering or metering
13 capability as a tariffed service from the utility in whose
14 service area such customers take service as a tariffed
15 service, or take such additional metering service or metering
16 capability from an electric utility other than the utility in
17 whose service area such customers take service, or from a
18 provider of unbundled delivery services. Any additional
19 metering requirements shall be imposed in a nondiscriminatory
20 manner. Nothing in this subsection shall be construed to
21 prevent the normal maintenance, replacement or upgrade of
22 meters as required to comply with Commission rules.
23 (Source: P.A. 90-561, eff. 12-16-97.)
24 (220 ILCS 5/16-128)
25 Sec. 16-128. Provisions related to utility employees
26 during the mandatory transition period.
27 (a) The General Assembly finds:
28 (1) The reliability and safety of the electric
29 system has depended on a workforce of skilled and
30 dedicated employees, equipped with technical training and
31 experience.
32 (2) The integrity and reliability of the system has
33 also depended on the industry's commitment to invest in
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1 regular inspection and maintenance, to assure that it can
2 withstand the demands of heavy service requirements and
3 emergency situations.
4 (3) It is in the State's interest to protect the
5 interests of utility employees who have dedicated
6 themselves to assuring reliable service to the citizens
7 of this State, and who might otherwise be economically
8 displaced in a restructured industry.
9 The General Assembly further finds that it is necessary
10 to assure that employees operating in the deregulated
11 industry have the requisite skills, knowledge, and competence
12 to provide reliable and safe electrical service and therefore
13 that alternative retail electric suppliers shall be required
14 to demonstrate the competence of their employees to work in
15 the industry.
16 The knowledge, skill, and competence levels to be
17 demonstrated shall be consistent with those generally
18 required of or by the electric utilities in this State with
19 respect to their employees.
20 Adequate demonstration of requisite knowledge, skill and
21 competence shall include such factors as completion by the
22 employee of an accredited or otherwise recognized
23 apprenticeship program for the particular craft, trade or
24 skill, or specified years of employment with an electric
25 utility performing a particular work function.
26 To implement this requirement, the Commission, in
27 determining that an applicant meets the standards for
28 certification as an alternative retail electric supplier or
29 provider of unbundled delivery services, shall require the
30 applicant to demonstrate (i) that the applicant is licensed
31 to do business, and bonded, in the State of Illinois; and
32 (ii) that the employees of the applicant that will be
33 installing, operating, and maintaining generation,
34 transmission, or distribution, or metering facilities within
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1 this State, or any entity with which the applicant has
2 contracted to perform those functions within this State, have
3 the requisite knowledge, skills, and competence to perform
4 those functions in a safe and responsible manner in order to
5 provide safe and reliable service, in accordance with the
6 criteria stated above.
7 (b) The General Assembly finds, based on experience in
8 other industries that have undergone similar transitions,
9 that the introduction of competition into the State's
10 electric utility industry may result in workforce reductions
11 by electric utilities which may adversely affect persons who
12 have been employed by this State's electric utilities in
13 functions important to the public convenience and welfare.
14 The General Assembly further finds that the impacts on
15 employees and their communities of any necessary reductions
16 in the utility workforce directly caused by this
17 restructuring of the electric industry shall be mitigated to
18 the extent practicable through such means as offers of
19 voluntary severance, retraining, early retirement,
20 outplacement and related benefits. Therefore, before any such
21 reduction in the workforce during the transition period, an
22 electric utility shall present to its employees or their
23 representatives a workforce reduction plan outlining the
24 means by which the electric utility intends to mitigate the
25 impact of such workforce reduction on its employees.
26 (c) In the event of a sale, purchase, or any other
27 transfer of ownership during the mandatory transition period
28 of one or more Illinois divisions or business units, and/or
29 generating stations or generating units, of an electric
30 utility, the electric utility's contract and/or agreements
31 with the acquiring entity or persons shall require that the
32 entity or persons hire a sufficient number of non-supervisory
33 employees to operate and maintain the station, division or
34 unit by initially making offers of employment to the
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1 non-supervisory workforce of the electric utility's division,
2 business unit, generating station and/or generating unit at
3 no less than the wage rates, and substantially equivalent
4 fringe benefits and terms and conditions of employment that
5 are in effect at the time of transfer of ownership of said
6 division, business unit, generating station, and/or
7 generating units; and said wage rates and substantially
8 equivalent fringe benefits and terms and conditions of
9 employment shall continue for at least 30 months from the
10 time of said transfer of ownership unless the parties
11 mutually agree to different terms and conditions of
12 employment within that 30-month period. The utility shall
13 offer a transition plan to those employees who are not
14 offered jobs by the acquiring entity because that entity has
15 a need for fewer workers. If there is litigation concerning
16 the sale, or other transfer of ownership of the electric
17 utility's divisions, business units, generating station, or
18 generating units, the 30-month period will begin on the date
19 the acquiring entity or persons take control or management of
20 the divisions, business units, generating station or
21 generating units of the electric utility.
22 (d) If a utility transfers ownership during the
23 mandatory transition period of one or more Illinois
24 divisions, business units, generating stations or generating
25 units of an electric utility to a majority-owned subsidiary,
26 that subsidiary shall continue to employ the utility's
27 employees who were employed by the utility at such division,
28 business unit or generating station at the time of the
29 transfer under the same terms and conditions of employment as
30 those employees enjoyed at the time of the transfer. If
31 ownership of the subsidiary is subsequently sold or
32 transferred to a third party during the transition period,
33 the transition provisions outlined in subsection (c) shall
34 apply.
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1 (e) The plant transfer provisions set forth above shall
2 not apply to any generating station which was the subject of
3 a sales agreement entered into before January 1, 1997.
4 (Source: P.A. 90-561, eff. 12-16-97.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.