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92_SB1569sam001 SRS92SB1569SWapam01 1 AMENDMENT TO SENATE BILL 1569 2 AMENDMENT NO. . Amend Senate Bill 1569 by replacing 3 everything after the enacting clause with the following: 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 -2- SRS92SB1569SWapam01 1 Governor and which shall be publicly available. Such report 2 shall include, at a minimum, the following information: 3 (1) the aggregate annual peak demand of retail 4 customers in the State of Illinois in the preceding 5 calendar year; 6 (2) the total annual kilowatt-hours delivered and 7 sold to retail customers in the State of Illinois by each 8 electric utility within its own service territory, each 9 electric utility outside its service territory, and 10 alternative retail electric suppliers in the preceding 11 calendar year; 12 (3) the percentage of the total kilowatt-hours 13 delivered and sold to retail customers in the State of 14 Illinois in the preceding calendar year by each electric 15 utility within its service territory, each electric 16 utility outside its service territory, and each 17 alternative retail electric supplier; and 18 (4) any other information the Commission considers 19 significant in assessing the development of Illinois 20 electricity markets, which may include, to the extent 21 available, information similar to that described in items 22 1, 2 and 3 with respect to cogeneration, self-generation 23 and other sources of electric power and energy provided 24 to customers that do not take delivery services or 25 bundled electric utility services. 26 The Commission may also include such other information as 27 it deems to be necessary or beneficial in describing or 28 explaining the results of its Report. The Report required by 29 this Section shall be adopted by a vote of the full 30 Commission prior to filing. Proprietary or confidential 31 information shall not be disclosed publicly. Nothing 32 contained in this Section shall prohibit the Commission from 33 taking actions that would otherwise be allowed under this 34 Act. -3- SRS92SB1569SWapam01 1 (c) The Commission shall prepare a report on the value 2 of municipal aggregation of electricity customers. The 3 report shall be filed with the General Assembly and the 4 Governor no later than January 15, 2003 and shall be publicly 5 available. The report shall, at a minimum, include: 6 (1) a description and analysis of actual and 7 potential forms of aggregation of electricity customers 8 in Illinois and in the other states, including 9 aggregation through municipal, affinity, and other 10 organizations; 11 (2) estimates of the potential benefits of 12 municipal aggregation to Illinois electricity customers 13 in at least 5 specific municipal examples comparing their 14 costs under bundled rates and unbundled rates, including 15 real-time prices; 16 (3) a description of the barriers to municipal and 17 other forms of aggregation in Illinois, including legal, 18 economic, informational, and other barriers; and 19 (4) options for legislative action to foster 20 municipal and other forms of aggregation of electricity 21 customers. 22 In preparing the report, the Commission shall consult 23 with persons involved in aggregation or the study of 24 aggregation of electricity customers in Illinois, including 25 utilities, aggregators, and non-profit organizations. The 26 provisions of Section 16-122 notwithstanding, the Commission 27 may request and utilities shall provide such aggregated load 28 data as may be necessary to perform the analyses required by 29 this subsection. 30 (Source: P.A. 90-561, eff. 12-16-97.) 31 (220 ILCS 5/16-122) 32 Sec. 16-122. Customer information. 33 (a) Upon the request of a retail customer, or a person -4- SRS92SB1569SWapam01 1 who presents verifiable authorization and is acting as the 2 customer's agent, and payment of a reasonable fee, electric 3 utilities shall provide to the customer or its authorized 4 agent the customer's billing and usage data. 5 (b) Upon request from any alternative retail electric 6 supplier and payment of a reasonable fee, an electric utility 7 serving retail customers in its service area shall make 8 available generic information concerning the usage, load 9 shape curve or other general characteristics of customers by 10 rate classification. Provided however, no customer specific 11 billing, usage or load shape data shall be provided under 12 this subsection unless authorization to provide such 13 information is provided by the customer pursuant to 14 subsection (a) of this Section. 15 (c) Upon request from a unit of local government and 16 payment of a reasonable fee, an electric utility shall make 17 available information concerning the usage, load shape 18 curves, and other characteristics of customers by customer 19 classification and location within the boundaries of the unit 20 of local government, however, no customer specific billing, 21 usage, or load shape data shall be provided under this 22 subsection unless authorization to provide that information 23 is provided by the customer. 24 (d)(c)All such customer information shall be made 25 available in a timely fashion in an electronic format, if 26 available. 27 (Source: P.A. 90-561, eff. 12-16-97.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.".