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92_SB1569eng SB1569 Engrossed LRB9212289JSmb 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 16-120 and 16-122 as follows: 6 (220 ILCS 5/16-120) 7 Sec. 16-120. Development of competitive market; 8 Commission study and reports; investigation. 9 (a) On or before December 31, 1999 and once every 3 10 years thereafter, the Commission shall monitor and analyze 11 patterns of entry and exit, applications for entry and exit, 12 and any barriers to entry or participation that may exist, 13 for services provided under this Article; shall analyze any 14 impediments to the establishment of a fully competitive 15 energy and power market in Illinois; and shall include its 16 findings together with appropriate recommendations for 17 legislative action in a report to the General Assembly. 18 (b) Beginning in 2001, and ending in 2006, the 19 Commission shall prepare an annual report regarding the 20 development of electricity markets in Illinois which shall be 21 filed by April 1 of each year with the Joint Committee on 22 Legislative Support Services of the General Assembly and the 23 Governor and which shall be publicly available. Such report 24 shall include, at a minimum, the following information: 25 (1) the aggregate annual peak demand of retail 26 customers in the State of Illinois in the preceding 27 calendar year; 28 (2) the total annual kilowatt-hours delivered and 29 sold to retail customers in the State of Illinois by each 30 electric utility within its own service territory, each 31 electric utility outside its service territory, and SB1569 Engrossed -2- LRB9212289JSmb 1 alternative retail electric suppliers in the preceding 2 calendar year; 3 (3) the percentage of the total kilowatt-hours 4 delivered and sold to retail customers in the State of 5 Illinois in the preceding calendar year by each electric 6 utility within its service territory, each electric 7 utility outside its service territory, and each 8 alternative retail electric supplier; and 9 (4) any other information the Commission considers 10 significant in assessing the development of Illinois 11 electricity markets, which may include, to the extent 12 available, information similar to that described in items 13 1, 2 and 3 with respect to cogeneration, self-generation 14 and other sources of electric power and energy provided 15 to customers that do not take delivery services or 16 bundled electric utility services. 17 The Commission may also include such other information as 18 it deems to be necessary or beneficial in describing or 19 explaining the results of its Report. The Report required by 20 this Section shall be adopted by a vote of the full 21 Commission prior to filing. Proprietary or confidential 22 information shall not be disclosed publicly. Nothing 23 contained in this Section shall prohibit the Commission from 24 taking actions that would otherwise be allowed under this 25 Act. 26 (c) The Commission shall prepare a report on the value 27 of municipal aggregation of electricity customers. The 28 report shall be filed with the General Assembly and the 29 Governor no later than January 15, 2003 and shall be publicly 30 available. The report shall, at a minimum, include: 31 (1) a description and analysis of actual and 32 potential forms of aggregation of electricity customers 33 in Illinois and in the other states, including 34 aggregation through municipal, affinity, and other SB1569 Engrossed -3- LRB9212289JSmb 1 organizations and through aggregation of consumer 2 purchases of electricity from renewable energy sources; 3 (2) estimates of the potential benefits of 4 municipal aggregation to Illinois electricity customers 5 in at least 5 specific municipal examples comparing their 6 costs under bundled rates and unbundled rates, including 7 real-time prices; 8 (3) a description of the barriers to municipal and 9 other forms of aggregation in Illinois, including legal, 10 economic, informational, and other barriers; and 11 (4) options for legislative action to foster 12 municipal and other forms of aggregation of electricity 13 customers. 14 In preparing the report, the Commission shall consult 15 with persons involved in aggregation or the study of 16 aggregation of electricity customers in Illinois, including 17 municipalities, utilities, aggregators, and non-profit 18 organizations. The provisions of Section 16-122 19 notwithstanding, the Commission may request and utilities 20 shall provide such aggregated load data as may be necessary 21 to perform the analyses required by this subsection; 22 provided, however, proprietary or confidential information 23 shall not be disclosed publicly. 24 (Source: P.A. 90-561, eff. 12-16-97.) 25 (220 ILCS 5/16-122) 26 Sec. 16-122. Customer information. 27 (a) Upon the request of a retail customer, or a person 28 who presents verifiable authorization and is acting as the 29 customer's agent, and payment of a reasonable fee, electric 30 utilities shall provide to the customer or its authorized 31 agent the customer's billing and usage data. 32 (b) Upon request from any alternative retail electric 33 supplier and payment of a reasonable fee, an electric utility SB1569 Engrossed -4- LRB9212289JSmb 1 serving retail customers in its service area shall make 2 available generic information concerning the usage, load 3 shape curve or other general characteristics of customers by 4 rate classification. Provided however, no customer specific 5 billing, usage or load shape data shall be provided under 6 this subsection unless authorization to provide such 7 information is provided by the customer pursuant to 8 subsection (a) of this Section. 9 (c) Upon request from a unit of local government and 10 payment of a reasonable fee, an electric utility shall make 11 available information concerning the usage, load shape 12 curves, and other characteristics of customers by customer 13 classification and location within the boundaries of the unit 14 of local government, however, no customer specific billing, 15 usage, or load shape data shall be provided under this 16 subsection unless authorization to provide that information 17 is provided by the customer. 18 (d)(c)All such customer information shall be made 19 available in a timely fashion in an electronic format, if 20 available. 21 (Source: P.A. 90-561, eff. 12-16-97.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.