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Public Act 102-0958 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing | ||||
Sections 16-115, 16-115B, 16-115C, 19-110, and 19-120 as | ||||
follows:
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(220 ILCS 5/16-115)
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Sec. 16-115. Certification of alternative retail
electric | ||||
suppliers. | ||||
(a) Any alternative retail electric supplier must obtain
a | ||||
certificate of service authority from the Commission in
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accordance with this Section before serving any retail
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customer or other user located in this State. An alternative
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retail electric supplier may request, and the Commission may
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grant, a certificate of service authority for the entire State
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or for a specified geographic area of the State. A certificate | ||||
granted pursuant to this Section is not property, and the | ||||
grant of a certificate to an entity does not create a property | ||||
interest in the certificate. This Section does not diminish | ||||
the existing rights of a certificate holder to notice and | ||||
hearing as proscribed by the Illinois Administrative Procedure | ||||
Act and in rules adopted by the Commission.
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(b) An alternative retail electric supplier seeking a
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certificate of service authority shall file with the
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Commission a verified application containing information
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showing that the applicant meets the requirements of this
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Section. The alternative retail electric supplier shall
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publish notice of its application in the official State
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newspaper within 10 days following the date of its filing. No
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later than 45 days after a complete the application is | ||
properly filed
with the Commission, and such notice is | ||
published, the
Commission shall issue its order granting or | ||
denying the
application.
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(c) An application for a certificate of service
authority | ||
shall identify the area or areas in which the
applicant | ||
intends to offer service and the types of services
it intends | ||
to offer. Applicants that seek to serve
residential or small | ||
commercial retail customers within a
geographic area that is | ||
smaller than an electric utility's
service area shall submit | ||
evidence demonstrating that the
designation of this smaller | ||
area does not violate Section 16-115A. An applicant
that seeks | ||
to serve residential or small
commercial retail customers may | ||
state in its application for
certification any limitations | ||
that will be imposed on the
number of customers or maximum load | ||
to be served.
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(d) The Commission shall grant the application for a
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certificate of service authority if it makes the findings set
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forth in this subsection
based on the verified
application and | ||
such other information as the applicant may
submit:
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(1) That the applicant possesses sufficient
technical, | ||
financial , and managerial resources and
abilities to | ||
provide the service for which it seeks a
certificate of | ||
service authority. In determining the
level of technical, | ||
financial , and managerial resources
and abilities which | ||
the applicant must demonstrate, the
Commission shall | ||
consider (i) the characteristics,
including the size and | ||
financial sophistication, of the
customers that the | ||
applicant seeks to serve, and (ii)
whether the applicant | ||
seeks to provide electric power and
energy using property, | ||
plant , and equipment which it owns,
controls , or operates;
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(2) That the applicant will comply with all
applicable | ||
federal, State, regional , and industry rules,
policies, | ||
practices , and procedures for the use,
operation, and | ||
maintenance of the safety, integrity , and
reliability, of | ||
the interconnected electric transmission
system;
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(3) That the applicant will only provide service to
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retail customers in an electric utility's service area
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that are eligible to take delivery services under this
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Act;
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(4) That the applicant will comply with such
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informational or reporting requirements as the Commission
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may by rule establish and provide the information required | ||
by Section 16-112.
Any data related to
contracts for the | ||
purchase and sale of electric power and
energy shall be | ||
made available for review by the Staff of
the Commission |
on a confidential and proprietary basis
and only to the | ||
extent and for the purposes which the
Commission | ||
determines are reasonably necessary in order
to carry out | ||
the purposes of this Act;
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(5) That the applicant will procure renewable energy | ||
resources in accordance with Section 16-115D of this Act, | ||
and will source electricity from clean coal facilities, as | ||
defined in Section 1-10 of the Illinois Power Agency Act, | ||
in amounts at least equal to the percentages set forth in | ||
subsections (c) and (d) of Section 1-75 of the Illinois | ||
Power Agency Act. For purposes of this Section:
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(i) (blank); | ||
(ii) (blank); | ||
(iii) the required sourcing of electricity | ||
generated by clean coal facilities, other than the | ||
initial clean coal facility, shall be limited to the | ||
amount of electricity that can be procured or sourced | ||
at a price at or below the benchmarks approved by the | ||
Commission each year in accordance with item (1) of | ||
subsection (c) and items (1) and (5) of subsection (d) | ||
of Section 1-75 of the Illinois Power Agency Act; | ||
(iv) all alternative retail electric suppliers | ||
shall execute a sourcing agreement to source | ||
electricity from the initial clean coal facility, on | ||
the terms set forth in paragraphs (3) and (4) of | ||
subsection (d) of Section 1-75 of the Illinois Power |
Agency Act, except that in lieu of the requirements in | ||
subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | ||
paragraph (3) of that subsection (d), the applicant | ||
shall execute one or more of the following: | ||
(1) if the sourcing agreement is a power | ||
purchase agreement, a contract with the initial | ||
clean coal facility to purchase in each hour an | ||
amount of electricity equal to all clean coal | ||
energy made available from the initial clean coal | ||
facility during such hour, which the utilities are | ||
not required to procure under the terms of | ||
subsection (d) of Section 1-75 of the Illinois | ||
Power Agency Act, multiplied by a fraction, the | ||
numerator of which is the alternative retail | ||
electric supplier's retail market sales of | ||
electricity (expressed in kilowatthours sold) in | ||
the State during the prior calendar month and the | ||
denominator of which is the total sales of | ||
electricity (expressed in kilowatthours sold) in | ||
the State by alternative retail electric suppliers | ||
during such prior month that are subject to the | ||
requirements of this paragraph (5) of subsection | ||
(d) of this Section and subsection (d) of Section | ||
1-75 of the Illinois Power Agency Act plus the | ||
total sales of electricity (expressed in | ||
kilowatthours sold) by utilities outside of their |
service areas during such prior month, pursuant to | ||
subsection (c) of Section 16-116 of this Act; or | ||
(2) if the sourcing agreement is a contract | ||
for differences, a contract with the initial clean | ||
coal facility in each hour with respect to an | ||
amount of electricity equal to all clean coal | ||
energy made available from the initial clean coal | ||
facility during such hour, which the utilities are | ||
not required to procure under the terms of | ||
subsection (d) of Section 1-75 of the Illinois | ||
Power Agency Act, multiplied by a fraction, the | ||
numerator of which is the alternative retail | ||
electric supplier's retail market sales of | ||
electricity (expressed in kilowatthours sold) in | ||
the State during the prior calendar month and the | ||
denominator of which is the total sales of | ||
electricity (expressed in kilowatthours sold) in | ||
the State by alternative retail electric suppliers | ||
during such prior month that are subject to the | ||
requirements of this paragraph (5) of subsection | ||
(d) of this Section and subsection (d) of Section | ||
1-75 of the Illinois Power Agency Act plus the | ||
total sales of electricity (expressed in | ||
kilowatthours sold) by utilities outside of their | ||
service areas during such prior month, pursuant to | ||
subsection (c) of Section 16-116 of this Act; |
(v) if, in any year after the first year of | ||
commercial operation, the owner of the clean coal | ||
facility fails to demonstrate to the Commission that | ||
the initial clean coal facility captured and | ||
sequestered at least 50% of the total carbon emissions | ||
that the facility would otherwise emit or that | ||
sequestration of emissions from prior years has | ||
failed, resulting in the release of carbon into the | ||
atmosphere, the owner of the facility must offset | ||
excess emissions. Any such carbon offsets must be | ||
permanent, additional, verifiable, real, located | ||
within the State of Illinois, and legally and | ||
practicably enforceable. The costs of any such offsets | ||
that are not recoverable shall not exceed $15,000,000 | ||
$15 million in any given year. No costs of any such | ||
purchases of carbon offsets may be recovered from an | ||
alternative retail electric supplier or its customers. | ||
All carbon offsets purchased for this purpose and any | ||
carbon emission credits associated with sequestration | ||
of carbon from the facility must be permanently | ||
retired. The initial clean coal facility shall not | ||
forfeit its designation as a clean coal facility if | ||
the facility fails to fully comply with the applicable | ||
carbon sequestration requirements in any given year, | ||
provided the requisite offsets are purchased. However, | ||
the Attorney General, on behalf of the People of the |
State of Illinois, may specifically enforce the | ||
facility's sequestration requirement and the other | ||
terms of this contract provision. Compliance with the | ||
sequestration requirements and offset purchase | ||
requirements that apply to the initial clean coal | ||
facility shall be reviewed annually by an independent | ||
expert retained by the owner of the initial clean coal | ||
facility, with the advance written approval of the | ||
Attorney General; | ||
(vi) The Commission shall, after notice and | ||
hearing, revoke the certification of any alternative | ||
retail electric supplier that fails to execute a | ||
sourcing agreement with the initial clean coal | ||
facility as required by item (5) of subsection (d) of | ||
this Section. The sourcing agreements with this | ||
initial clean coal facility shall be subject to both | ||
approval of the initial clean coal facility by the | ||
General Assembly and satisfaction of the requirements | ||
of item (4) of subsection (d) of Section 1-75 of the | ||
Illinois Power Agency Act, and shall be executed | ||
within 90 days after any such approval by the General | ||
Assembly. The Commission shall not accept an | ||
application for certification from an alternative | ||
retail electric supplier that has lost certification | ||
under this subsection (d), or any corporate affiliate | ||
thereof, for at least one year from the date of |
revocation; | ||
(6) With respect to an applicant that seeks to serve
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residential or small commercial retail customers, that
the | ||
area to be served by the applicant and any
limitations it | ||
proposes on the number of customers or
maximum amount of | ||
load to be served meet the provisions
of Section 16-115A, | ||
provided, that the Commission can
extend the time for | ||
considering such a certificate
request by up to 90 days, | ||
and can schedule hearings on
such a request;
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(7) That the applicant meets the requirements of | ||
subsection (a) of Section
16-128;
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(8) That the applicant discloses whether the applicant | ||
is the subject of any lawsuit filed in a court of law or | ||
formal complaint filed with a regulatory agency alleging | ||
fraud, deception, or unfair marketing practices or other | ||
similar allegations and, if the applicant is the subject | ||
of such lawsuit or formal complaint, the applicant shall | ||
identify the name, case number, and jurisdiction of each | ||
lawsuit or complaint , and that the applicant is capable of | ||
fulfilling its obligations as an alternative retail | ||
electric supplier in Illinois notwithstanding any lawsuit | ||
or complaint . For the purpose of this item (8), "formal | ||
complaint" includes only those complaints that seek a | ||
binding determination from a State or federal regulatory | ||
body; | ||
(9) That the applicant shall at all times remain in |
compliance continue to comply with requirements for | ||
certification stated in this Section and as the Commission | ||
may establish by rule ; | ||
(10) That the applicant shall execute and maintain a | ||
license or permit bond issued by a qualifying surety or | ||
insurance company authorized to transact business in the | ||
State of Illinois in favor of the People of the State of | ||
Illinois. The amount of the bond shall equal $30,000 if | ||
the applicant seeks to serve only nonresidential retail | ||
customers with maximum electrical demands of one megawatt | ||
or more, $150,000 if the applicant seeks to serve only | ||
nonresidential non-residential retail customers with | ||
annual electrical consumption greater than 15,000 | ||
kilowatt-hours kWh , or $500,000 if the applicant seeks to | ||
serve all eligible customers. Applicants shall be required | ||
to submit an additional $500,000 bond if the applicant | ||
intends to market to residential customers using in-person | ||
solicitations. The bonds bond shall be conditioned upon | ||
the full and faithful performance of all duties and | ||
obligations of the applicant as an alternative retail | ||
electric supplier , and shall be valid for a period of not | ||
less than one year , and may be drawn upon in whole or in | ||
part to satisfy any penalties imposed, and finally | ||
adjudicated, by the Commission pursuant to Section 16-115B | ||
for a violation of the applicant's duties or obligations, | ||
except that the total amount of claims and penalties |
against the bond shall not exceed the penal sum of the bond | ||
and shall not include any consequential or punitive | ||
damage . The cost of the bond shall be paid by the | ||
applicant. The applicant shall file a copy of this bond, | ||
with a notarized verification page from the issuer, as | ||
part of its application for certification under 83 Ill. | ||
Adm. Code 451; and | ||
(11) That the applicant will comply with all other
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applicable laws and regulations.
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(d-3) The Commission may deny with prejudice an | ||
application in which the applicant fails to provide the | ||
Commission with information sufficient for the Commission to | ||
grant the application. | ||
(d-5) (Blank). | ||
(e) A retail customer that owns a cogeneration or | ||
self-generation facility
and that seeks certification only to
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provide electric power and energy from such facility to
retail | ||
customers at separate locations which customers are
both (i) | ||
owned by, or a subsidiary or other corporate
affiliate of, | ||
such applicant and
(ii) eligible for delivery services, shall | ||
be granted a
certificate of service authority upon filing an | ||
application
and notifying the Commission that it has entered | ||
into an
agreement with the relevant electric utilities | ||
pursuant to
Section 16-118.
Provided, however, that if the | ||
retail customer owning such cogeneration or
self-generation | ||
facility would not be charged a transition charge due to the
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exemption provided under subsection (f) of Section 16-108 | ||
prior to the
certification, and the retail customers at | ||
separate locations are taking
delivery services in conjunction | ||
with purchasing power and energy from the
facility, the retail | ||
customer on whose premises the facility is located shall
not | ||
thereafter be required to pay transition charges on the power | ||
and energy
that such retail customer takes from the facility.
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(f) The Commission shall have the authority to
promulgate | ||
rules and regulations to carry out the provisions
of this | ||
Section. On or before May 1, 1999, the Commission
shall adopt a | ||
rule or rules applicable to the certification of
those | ||
alternative retail electric suppliers that seek to serve
only | ||
nonresidential retail customers with maximum electrical
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demands of one megawatt or more which shall provide for (i)
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expedited and streamlined procedures
for certification of such | ||
alternative
retail electric suppliers and (ii) specific | ||
criteria which,
if met by any such alternative retail electric | ||
supplier, shall
constitute the demonstration of technical, | ||
financial and
managerial resources and abilities to provide | ||
service required
by paragraph (1) of subsection (d) (1) of | ||
this Section, such as a requirement
to post a bond or letter of | ||
credit, from a responsible surety
or financial institution, of | ||
sufficient size for the nature
and scope of the services to be | ||
provided; demonstration of
adequate insurance for the scope | ||
and nature of the services to
be provided; and experience in | ||
providing similar services in
other jurisdictions.
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(g) An alternative retail electric supplier may seek | ||
confidential treatment for the following information by filing | ||
an affidavit with the Commission so long as the affidavit | ||
meets the requirements in this subsection (g): | ||
(1) the total annual kilowatt-hours delivered and sold | ||
by an alternative retail electric supplier to retail | ||
customers within each utility service territory and the | ||
total annual kilowatt-hours delivered and sold by an | ||
alternative retail electric supplier to retail customers | ||
in all utility service territories in the preceding | ||
calendar year as required by 83 Ill. Adm. Code 451.770; | ||
(2) the total peak demand supplied by an alternative | ||
retail electric supplier during the previous year in each | ||
utility service territory as required by 83 Ill. Adm. Code | ||
465.40; | ||
(3) a good faith estimate of the amount an alternative | ||
retail electric supplier expects to be obliged to pay the | ||
utility under single billing tariffs during the next 12 | ||
months and the amount of any bond or letter of credit used | ||
to demonstrate an alternative retail electric supplier's | ||
credit worthiness to provide single billing services | ||
pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | ||
The affidavit must be filed contemporaneously with the | ||
information for which confidential treatment is sought and | ||
must clearly state that the affiant seeks confidential | ||
treatment pursuant to this subsection (g) and the information |
for which confidential treatment is sought must be clearly | ||
identified on the confidential version of the document filed | ||
with the Commission. The affidavit must be accompanied by a | ||
"confidential" and a "public" version of the document or | ||
documents containing the information for which confidential | ||
treatment is sought. | ||
If the alternative retail electric supplier has met the | ||
affidavit requirements of this subsection (g), then the | ||
Commission shall afford confidential treatment to the | ||
information identified in the affidavit for a period of 2 | ||
years after the date the affidavit is received by the | ||
Commission. | ||
Nothing in this subsection (g) prevents an alternative | ||
retail electric supplier from filing a petition with the | ||
Commission seeking confidential treatment for information | ||
beyond that identified in this subsection (g) or for | ||
information contained in other reports or documents filed with | ||
the Commission other than annual rate reports . | ||
Nothing in this subsection (g) prevents the Commission, on | ||
its own motion, or any party from filing a formal petition with | ||
the Commission seeking to reconsider the conferring of | ||
confidential status on an item of information afforded | ||
confidential treatment pursuant to this subsection (g). | ||
The Commission, on its own motion, may at any time | ||
initiate a docketed proceeding to investigate the continued | ||
applicability of this subsection (g) to the information |
contained in items (i), (ii), and (iii) of this subsection | ||
(g). If, at the end of such investigation, the Commission | ||
determines that a particular item of information should no | ||
longer be eligible for the affidavit-based process outlined in | ||
this subsection (g), the Commission may enter an order to | ||
remove that item from the list of items eligible for the | ||
process set forth in this subsection (g). Notwithstanding any | ||
such order, in the event the Commission makes such a | ||
determination, nothing in this subsection (g) prevents an | ||
alternative retail electric supplier desiring confidential | ||
treatment for such information from filing a formal petition | ||
with the Commission seeking confidential treatment for such | ||
information. | ||
(Source: P.A. 101-590, eff. 1-1-20 .)
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(220 ILCS 5/16-115B)
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Sec. 16-115B. Commission oversight of services provided
by | ||
alternative retail electric suppliers. | ||
(a) The Commission shall have jurisdiction in accordance
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with the provisions of Article X of this Act to entertain and | ||
dispose of
any complaint made by the Commission, on its own | ||
motion, or by any person or corporation, chamber of commerce, | ||
board of trade, or any industrial, commercial, mercantile, | ||
agricultural or manufacturing society, or any body politic or | ||
municipal corporation against any alternative retail electric | ||
supplier
alleging (i) that the alternative retail electric |
supplier has
violated or is in nonconformance with any | ||
applicable
provisions of Section 16-115 through Section | ||
16-115A; (ii) that the alternative retail electric supplier | ||
violated rules adopted by the Commission to govern the sales, | ||
marketing, or operations of retail electric suppliers; (iii) | ||
that
an alternative retail electric supplier serving any | ||
residential and small commercial customers retail
customers | ||
having maximum demands of less than one megawatt has
failed to | ||
provide service in accordance with the terms of its
contract | ||
or contracts with such customer or customers; (iv) (iii)
that | ||
the alternative retail electric supplier has violated or
is in | ||
nonconformance non-conformance with the delivery services | ||
tariff of, or
any of its agreements relating to delivery | ||
services with, the
electric utility, municipal system, or | ||
electric cooperative
providing delivery services; or (v) (iv) | ||
that the alternative
retail electric supplier has violated or | ||
failed to comply with
the requirements of Sections 8-201 | ||
through 8-207, 8-301, 8-505,
or 8-507 of this Act as made | ||
applicable to alternative retail
electric suppliers.
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(b) The Commission shall have authority, after such | ||
administrative notice as is required by the Illinois | ||
Administrative Procedure Act
and after an administrative | ||
hearing held on complaint or on the Commission's own
motion:
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(1) To order an alternative retail electric supplier
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to cease and desist, or correct, any violation of or | ||
nonconformance non-conformance with the
provisions of |
Section 16-115 or 16-115A or any violation or | ||
nonconformance over which the Commission has jurisdiction | ||
under subsection (a) of Section 16-115B ;
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(2) To impose financial penalties for violations of
or | ||
nonconformances non-conformances with the provisions of | ||
Section 16-115 or 16-115A,
not to exceed (i) $10,000 per | ||
occurrence , and for any violations or nonconformances that | ||
continue after the Commission issues a cease and desist | ||
order, up to an additional or (ii) $30,000 for each day the | ||
violations or nonconformances continue
per day for those | ||
violations or non-conformances which
continue after the | ||
Commission issues a cease and desist
order ; and
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(3) To alter, modify, revoke , or suspend the
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certificate of service authority of an alternative retail
| ||
electric supplier for substantial or repeated violations
| ||
of or nonconformances non-conformances with the provisions | ||
of
Section 16-115 or 16-115A.
| ||
(c) In addition to other powers and authority granted to | ||
it under this Act, the Commission may require an alternative | ||
retail electric supplier to enter into a compliance
plan. If | ||
the Commission comes into possession of information causing it | ||
to conclude that an alternative retail electric supplier is | ||
violating this Act or the Commission's rules, the Commission | ||
may, after notice and hearing, enter an order directing the | ||
alternative retail electric supplier to implement practices, | ||
procedures, oversight, or other
measures or refrain from |
practices, conduct, or activities that the Commission finds is | ||
necessary or reasonable to ensure the alternative retail | ||
electric supplier's compliance with this Act and the | ||
Commission's rules. Failure by an alternative retail electric | ||
supplier to implement or comply with a Commission-ordered | ||
compliance plan is a violation of this Section. The | ||
Commission, in its discretion, may order a compliance plan | ||
under such circumstances as it considers warranted and is not | ||
required to order a compliance plan prior to taking other | ||
enforcement action against an alternative retail electric | ||
supplier. Nothing in this subsection (c) shall be interpreted | ||
to limit the authority or right of the Attorney General. | ||
(Source: P.A. 101-590, eff. 1-1-20 .)
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(220 ILCS 5/16-115C) | ||
Sec. 16-115C. Licensure of agents, brokers, and | ||
consultants engaged in the procurement or sale of retail | ||
electricity supply for third parties. | ||
(a) The purpose of this Section is to adopt licensing and | ||
code of conduct rules in a competitive retail electricity | ||
market to protect Illinois consumers from unfair or deceptive | ||
acts or practices and to provide persons acting as agents, | ||
brokers, and consultants engaged in the procurement or sale of | ||
retail electricity supply for third parties with notice of the | ||
illegality of those acts or practices. | ||
(a-5) All third-party sales representatives engaged in the |
marketing of retail electricity supply must, prior to the | ||
customer signing a contract, disclose that they are not | ||
employed by the electric utility operating in the applicable | ||
service territory. | ||
(b) For purposes of this Section, "agents, brokers, and | ||
consultants engaged in the procurement or sale of retail | ||
electricity supply for third parties" means any person or | ||
entity that attempts to procure on behalf of or sell retail | ||
electric service to an electric customer in the State. | ||
"Agents, brokers, and consultants engaged in the procurement | ||
or sale of retail electricity supply for third parties" does | ||
not include the Illinois Power Agency or any of its employees, | ||
any entity licensed as an alternative retail electric supplier | ||
pursuant to 83 Ill. Adm. Code 451 offering retail electric | ||
service on its own behalf, any person acting exclusively on | ||
behalf of a single alternative retail electric supplier on | ||
condition that exclusivity is disclosed to any third party | ||
contracted in such agent capacity, any person acting | ||
exclusively on behalf of a retail electric supplier on | ||
condition that exclusivity is disclosed to any third party | ||
contracted in such agent capacity, any person or entity | ||
representing a municipal power agency, as defined in Section | ||
11-119.1-3 of the Illinois Municipal Code, or any person or | ||
entity that is attempting to procure on behalf of or sell | ||
retail electric service to a third party that has aggregate | ||
billing demand of all of its affiliated electric service |
accounts in Illinois of greater than 1,500 kilowatts kW . | ||
(c) No person or entity shall act as an agent, broker, or | ||
consultant engaged in the procurement or sale of retail | ||
electricity supply for third parties unless that person or | ||
entity is licensed by the Commission under this Section or is | ||
offering services on their own behalf under 83 Ill. Adm. Code | ||
451. A license granted pursuant to this Section is not | ||
property, and the grant of a license to an entity does not | ||
create a property interest in the license. | ||
(d) The Commission shall create requirements for licensure | ||
as an agent, broker, or consultant engaged in the procurement | ||
or sale of retail electricity supply for third parties, which | ||
shall include all of the following criteria: | ||
(1) Technical competence. | ||
(2) Managerial competence. | ||
(3) Financial responsibility, including the posting of | ||
an appropriate performance bond. | ||
(4) Annual reporting requirements. | ||
(e) Any person or entity required to be licensed under | ||
this Section must: | ||
(1) disclose in plain language in writing to all | ||
persons it solicits (i) before July 1, 2011, the total | ||
anticipated remuneration to be paid to it by any third | ||
party over the period of the proposed underlying customer | ||
contract and (ii) on or after July 1, 2011, the total price | ||
per kilowatt-hour, and the total anticipated cost, |
inclusive of all fees or commissions received by the | ||
licensee, to be paid by the customer over the period of the | ||
proposed underlying customer contract; | ||
(2) disclose, if applicable, to all customers, prior | ||
to the customer signing a contract, the fact that they | ||
will be receiving compensation from the supplier; | ||
(3) not hold itself out as independent or unaffiliated | ||
with any supplier, or both, or use words reasonably | ||
calculated to give that impression, unless the person | ||
offering service under this Section has no contractual | ||
relationship with any retail electricity supplier or its | ||
affiliates regarding retail electric service in Illinois; | ||
(4) not utilize false, misleading, materially | ||
inaccurate, defamatory, or otherwise deceptive language or | ||
materials in the soliciting or providing of its services; | ||
(5) maintain copies of all marketing materials | ||
disseminated to third parties for a period of not less | ||
than 3 years; | ||
(6) not present electricity pricing information in a | ||
manner that favors one supplier over another, unless a | ||
valid pricing comparison is made utilizing all relevant | ||
costs and terms; and | ||
(7) comply with the requirements of Sections 2EE, 2FF, | ||
2GG, and 2HH of the Consumer Fraud and Deceptive Business | ||
Practices Act. | ||
(f) Any person or entity licensed under this Section shall |
file with the Commission all of the following information no | ||
later than March of each year: | ||
(1) A verified report detailing any and all | ||
contractual relationships that it has with certified | ||
electricity suppliers in the State regarding retail | ||
electric service in Illinois. | ||
(2) A verified report detailing the distribution of | ||
its customers with the various certified electricity | ||
suppliers in Illinois during the prior calendar year. A | ||
report under this Section shall not be required to contain | ||
customer-identifying information. | ||
A public redacted version of the verified report may | ||
be submitted to the Commission along with a proprietary | ||
version. The public redacted version may redact from the | ||
verified report the name or names of every certified | ||
electricity supplier contained in the report to protect | ||
against disclosure of competitively sensitive market share | ||
information. The information shall be afforded proprietary | ||
treatment for 2 years after the date of the filing of the | ||
verified report. | ||
(3) A verified statement of any changes to the | ||
original licensure qualifications and notice of continuing | ||
compliance with all requirements. | ||
(g) The Commission shall have jurisdiction over | ||
disciplinary proceedings and complaints , including on the | ||
Commission's own motion, for violations of this Section. The |
findings of a violation of this Section by the Commission | ||
shall result in discipline on a progressive a progressive | ||
disciplinary scale. For a first violation, the Commission may, | ||
in its discretion, suspend the license of the person or entity | ||
so disciplined for a period of no less than one month. For a | ||
second violation within a 5-year period, the Commission shall | ||
suspend the license of for the person or entity so disciplined | ||
for a period of not less than 6 months. For a third or | ||
subsequent violation within a 5-year period, the Commission | ||
shall suspend the license of the disciplined person for a | ||
period of not less than 2 years. Notwithstanding the minimum | ||
progressive suspensions, the Commission shall have authority, | ||
in its discretion, to impose whatever reasonable disciplinary | ||
measures it deems appropriate for any violation, including, | ||
but not limited to, terminating the license of the person or | ||
entity. | ||
(h) This Section shall not apply to a retail customer that | ||
operates or manages either directly or indirectly any | ||
facilities, equipment, or property used or contemplated to be | ||
used to distribute electric power or energy if that retail | ||
customer is a political subdivision or public institution of | ||
higher education of this State, or any corporation, company, | ||
limited liability company, association, joint-stock company or | ||
association, firm, partnership, or individual, or their | ||
lessees, trusts, or receivers appointed by any court | ||
whatsoever that are owned or controlled by the political |
subdivision, public institution of higher education, or | ||
operated by any of its lessees or operating agents. | ||
(Source: P.A. 95-679, eff. 10-11-07; 96-1385, eff. 7-29-10.)
| ||
(220 ILCS 5/19-110)
| ||
Sec. 19-110. Certification of alternative gas suppliers.
| ||
(a) The provisions of this Section shall apply only to | ||
alternative gas
suppliers
serving or seeking to serve | ||
residential or small commercial customers and
only to the | ||
extent such
alternative gas suppliers provide services to | ||
residential or small
commercial customers.
| ||
(b) An alternative gas supplier must obtain a certificate | ||
of service
authority from the Commission in accordance with | ||
this Section before serving
any customer or other user located | ||
in this State. An alternative gas supplier
may request, and | ||
the Commission may grant, a certificate of service authority
| ||
for the entire State or for a specified geographic area of the | ||
State. A certificate granted pursuant to this Section is not | ||
property, and the grant of a certificate to an entity does not | ||
create a property interest in the certificate. This Section | ||
does not diminish the existing rights of a certificate holder | ||
to notice and hearing as proscribed by the Illinois | ||
Administrative Procedure Act and in rules adopted by the | ||
Commission. A
person, corporation, or other entity acting as | ||
an alternative gas supplier on
the effective date of this | ||
amendatory Act of the 92nd General Assembly shall
have 180 |
days from the effective date of this amendatory Act of the 92nd
| ||
General Assembly to comply with the requirements of this | ||
Section in order to
continue to operate as an alternative gas | ||
supplier.
| ||
(c) An alternative gas supplier seeking a certificate of | ||
service authority
shall
file with the Commission a verified | ||
application containing information showing
that the
applicant | ||
meets the requirements of this Section. The alternative gas | ||
supplier
shall
publish notice of its application in the | ||
official State newspaper within 10
days following
the date of | ||
its filing. No later than 45 days after a complete the | ||
application is
properly filed with the
Commission, and such | ||
notice is published, the Commission shall issue its order
| ||
granting or denying the application.
| ||
(d) An application for a certificate of service authority | ||
shall identify the
area or
areas in which the applicant | ||
intends to offer service and the types of services
it intends
| ||
to offer. Applicants that seek to serve residential or small | ||
commercial
customers within a
geographic area that is smaller | ||
than a gas utility's service area shall submit
evidence | ||
demonstrating that the designation of this smaller area does | ||
not
violate Section 19-115. An
applicant may
state in its | ||
application for certification any limitations that will be | ||
imposed
on the number
of customers or maximum load to be | ||
served. The applicant shall submit as part of its application | ||
a statement indicating:
|
(1) Whether the applicant has been denied a natural | ||
gas supplier license in any state in the United States. | ||
(2) Whether the applicant has had a natural gas | ||
supplier license suspended or revoked by any state in the | ||
United States. | ||
(3) Where, if any, other natural gas supplier license | ||
applications are pending in the United States. | ||
(4) Whether the applicant is the subject of any | ||
lawsuits filed in a court of law or formal complaints | ||
filed with a regulatory agency alleging fraud, deception , | ||
or unfair marketing practices, or other similar | ||
allegations, identifying the name, case number, and | ||
jurisdiction of each such lawsuit or complaint. | ||
For the purposes of this subsection (d), formal complaints | ||
include only those complaints that seek a binding | ||
determination from a state or federal regulatory body. | ||
(e) The Commission shall grant the application for a | ||
certificate of service
authority if it makes the findings set | ||
forth in this subsection based on the
verified
application and | ||
such other information as the applicant may submit.
| ||
(1) That the applicant possesses sufficient technical, | ||
financial, and
managerial resources and abilities to | ||
provide the service for which it
seeks a certificate of | ||
service authority. In determining the level of
technical, | ||
financial, and managerial resources and abilities which | ||
the
applicant must demonstrate, the Commission shall |
consider:
| ||
(A) the characteristics, including the size and | ||
financial sophistication of the
customers that the | ||
applicant seeks to serve; | ||
(B) whether the
applicant seeks to provide gas | ||
using property, plant, and equipment that it
owns, | ||
controls, or operates; and | ||
(C) the applicant's commitment of resources to the | ||
management of sales and marketing staff, through | ||
affirmative managerial policies, independent audits, | ||
technology, hands-on field monitoring and training, | ||
and, in the case of applicants who will have sales | ||
personnel or sales agents within the State of | ||
Illinois, the applicant's managerial presence within | ||
the State.
| ||
(2) That the applicant will comply with all applicable | ||
federal, State,
regional, and industry rules, policies, | ||
practices, and procedures
for the use, operation, and | ||
maintenance of the safety, integrity, and
reliability of | ||
the gas transmission system.
| ||
(3) That the applicant will comply with such | ||
informational or reporting
requirements as the Commission | ||
may by rule establish.
| ||
(4) That
the area to be served by the applicant and any | ||
limitations it proposes on the
number of customers or | ||
maximum amount of load to be served meet the provisions
of |
Section 19-115, provided, that if the applicant seeks to | ||
serve an area
smaller than the service area of a gas | ||
utility or proposes other limitations
on the number of | ||
customers or maximum amount of load to be served, the
| ||
Commission can extend the time for
considering such a | ||
certificate request by up to 90 days, and can schedule
| ||
hearings on such a request.
| ||
(5) That the applicant shall continue to comply with | ||
requirements for certification stated in this Section. | ||
(6) That the applicant shall execute and maintain a | ||
license or permit bond issued by a qualifying surety or | ||
insurance company authorized to transact business in the | ||
State of Illinois in favor of the People of the State of | ||
Illinois. The amount of the bond shall equal $150,000 if | ||
the applicant seeks to serve only nonresidential retail | ||
customers or $500,000 if the applicant seeks to serve all | ||
eligible customers. Applicants shall be required to submit | ||
an additional $500,000 bond if the applicant intends to | ||
market to residential customers using in-person | ||
solicitations. The bonds bond shall be conditioned upon | ||
the full and faithful performance of all duties and | ||
obligations of the applicant as an alternative retail gas | ||
supplier , and shall be valid for a period of not less than | ||
one year , and may be drawn up to satisfy any penalties | ||
imposed and finally adjudicated, by the Commission | ||
pursuant to Section 19-120 for a violation of the |
applicant's duties or obligations, except that the total | ||
amount of claims and penalties against the bond shall not | ||
exceed the penal sum of the bond and shall not include any | ||
consequential or punitive damage . The cost of the bond | ||
shall be paid by the applicant. The applicant shall file a | ||
copy of this bond, with a notarized verification page from | ||
the issuer, as part of its application for certification | ||
under 83 Ill. Adm. Code 551. | ||
(7) That the applicant will comply with all other | ||
applicable laws and
rules.
| ||
(e-5) The Commission may deny with prejudice an | ||
application in which the applicant fails to provide the | ||
Commission with information sufficient for the Commission to | ||
grant the application. | ||
(f) The Commission can extend the time for considering | ||
such a certificate request by up to 90 days, and can schedule | ||
hearings on such a request if: | ||
(1) a party to the application proceeding has formally | ||
requested that the Commission hold hearings in a pleading | ||
that alleges that one or more of the allegations or | ||
certifications in the application is false or misleading; | ||
or | ||
(2) other facts or circumstances exist that will | ||
necessitate additional time or evidence in order to | ||
determine whether a certificate should be issued. | ||
(g) The Commission shall have the authority to promulgate |
rules
to carry out the provisions of this Section. Within 30 | ||
days after the
effective date of this amendatory Act of the | ||
92nd General Assembly, the
Commission shall adopt an emergency | ||
rule or rules applicable to the
certification of those gas | ||
suppliers that seek to serve residential customers.
Within 180 | ||
days of
the effective
date of this amendatory Act of the 92nd | ||
General Assembly, the Commission shall
adopt
rules that | ||
specify criteria which, if met by any such alternative gas
| ||
supplier, shall
constitute the demonstration of technical, | ||
financial, and managerial resources
and
abilities to provide | ||
service required by paragraph item (1) of subsection (e) of | ||
this
Section,
such as a
requirement to post a bond or letter of | ||
credit, from a responsible surety or
financial
institution, of | ||
sufficient size for the nature and scope of the services to be
| ||
provided,
demonstration of adequate insurance for the scope | ||
and nature of the services to
be
provided, and experience in | ||
providing similar services in other
jurisdictions.
| ||
(h) The Commission may deny with prejudice any application | ||
that repeatedly fails to include the attachments, | ||
documentation, and affidavits required by the application form | ||
or that repeatedly fails to provide any other information | ||
required by this Section. | ||
(i) An alternative gas supplier may seek confidential | ||
treatment for the reporting to the Commission of its total | ||
annual dekatherms delivered and sold by it to residential and | ||
small commercial customers by utility service territory during |
the preceding year via the filing of an affidavit with the | ||
Commission so long as the affidavit meets the requirements of | ||
this subsection (i).
The affidavit must be filed | ||
contemporaneously with the information for which confidential | ||
treatment is sought and must clearly state that the affiant | ||
seeks confidential treatment pursuant to this subsection (i) | ||
and the information for which confidential treatment is sought | ||
must be clearly identified on the confidential version of the | ||
document filed with the Commission. The affidavit must be | ||
accompanied by both a "confidential" and a "public" version of | ||
the document or documents containing the information for which | ||
confidential treatment is sought. | ||
If the alternative gas supplier has met the affidavit | ||
requirements of this subsection (i), then the Commission shall | ||
afford confidential treatment to the information identified in | ||
the affidavit for a period of 2 years after the date the | ||
affidavit is received by the Commission. | ||
Nothing in this subsection (i) prevents an alternative gas | ||
supplier from filing a petition with the Commission seeking | ||
confidential treatment for information beyond that identified | ||
in this subsection (i) or for information contained in other | ||
reports or documents filed with the Commission other than | ||
annual rate reports . | ||
Nothing in this subsection (i) prevents the Commission, on | ||
its own motion, or any party from filing a formal petition with | ||
the Commission seeking to reconsider the conferring of |
confidential status pursuant to this subsection (i). | ||
The Commission, on its own motion, may at any time | ||
initiate a docketed proceeding to investigate the continued | ||
applicability of this affidavit-based process for seeking | ||
confidential treatment. If, at the end of such investigation, | ||
the Commission determines that this affidavit-based process | ||
for seeking confidential treatment for the information is no | ||
longer necessary, the Commission may enter an order to that | ||
effect. Notwithstanding any such order, in the event the | ||
Commission makes such a determination, nothing in this | ||
subsection (i) prevents an alternative gas supplier desiring | ||
confidential treatment for such information from filing a | ||
formal petition with the Commission seeking confidential | ||
treatment for such information. | ||
(Source: P.A. 101-590, eff. 1-1-20 .)
| ||
(220 ILCS 5/19-120)
| ||
Sec. 19-120. Commission oversight of services provided by | ||
gas
suppliers. | ||
(a) The provisions of this Section shall apply only to | ||
alternative gas
suppliers
serving or seeking to serve | ||
residential or small commercial customers and
only to the | ||
extent such
alternative gas suppliers provide services to | ||
residential or small
commercial customers.
| ||
(b) The Commission shall have jurisdiction in accordance | ||
with the provisions
of Article X of this Act either to |
investigate on its own motion in order to determine whether or | ||
to entertain and dispose of any complaint by any person or | ||
corporation, chamber of commerce, board of trade, or any | ||
industrial, commercial, mercantile, agricultural or | ||
manufacturing society, or any body politic or municipal | ||
corporation against any
alternative
gas supplier alleging | ||
that:
| ||
(1) the alternative gas supplier has violated or is
in
| ||
nonconformance with any applicable provisions of Section | ||
19-110, 19-111, 19-112, or Section
19-115;
| ||
(1.5) that the alternative retail gas supplier | ||
violated any rule adopted by the Commission to govern the | ||
sales, marketing, or operations of retail gas suppliers; | ||
(2) an alternative gas supplier has failed to provide | ||
service in
accordance with the
terms of its contract or | ||
contracts with a customer or customers;
| ||
(3) the
alternative
gas supplier has violated or is in | ||
nonconformance with the transportation
services tariff
of, | ||
or any of its agreements relating to transportation | ||
services with, the gas
utility or
municipal system | ||
providing transportation services; or
| ||
(4) the
alternative gas
supplier has violated or | ||
failed to comply with the requirements of Sections
8-201
| ||
through 8-207, 8-301, 8-505, or 8-507 of this Act as made | ||
applicable to
alternative gas
suppliers.
| ||
(c) The Commission shall have authority after such |
administrative notice as is required by the Illinois | ||
Administrative Procedure Act and after an administrative | ||
hearing held on
complaint or on the Commission's own motion to | ||
order any or all of the following remedies, penalties, or | ||
forms of relief:
| ||
(1) order an alternative gas supplier to cease and | ||
desist, or correct,
any violation of or nonconformance | ||
with the provisions of Section
19-110, 19-111, 19-112, or | ||
19-115 , or any violation or nonconformance over which the | ||
Commission has jurisdiction under subsection (a) of | ||
Section 19-120 ;
| ||
(2) impose financial penalties for violations of or | ||
nonconformances
with the provisions of Section 19-110, | ||
19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per | ||
occurrence , and for any violations or nonconformances that | ||
continue after the Commission issues a cease and desist | ||
order, up to an additional or (ii) $30,000 for each day the | ||
violations or nonconformances continue per day for those | ||
violations or
nonconformances which continue after the | ||
Commission issues a
cease-and-desist order ; and
| ||
(3) alter, modify, revoke, or suspend the certificate | ||
of service
authority
of an alternative gas supplier for | ||
substantial or repeated violations of
or nonconformances | ||
with the provisions of Section 19-110, 19-111, 19-112, or | ||
19-115.
| ||
(d) Nothing in this Act shall be construed to limit, |
restrict, or
mitigate
in
any way the power and authority of the | ||
State's Attorneys or the Attorney
General under the Consumer | ||
Fraud and Deceptive Business Practices Act.
| ||
(e) In addition to other powers and authority granted to | ||
it under this Act, the Commission may require an alternative | ||
gas supplier to enter into a compliance
plan. If the | ||
Commission comes into possession of information causing it to | ||
conclude that an alternative gas supplier is violating this | ||
Act or the Commission's rules, the Commission may, after | ||
notice and hearing, enter an order directing the alternative | ||
gas supplier to implement practices, procedures, oversight, or | ||
other measures or refrain from practices, conduct, or | ||
activities as the Commission finds is necessary or reasonable | ||
to ensure the alternative gas supplier's compliance with this | ||
Act and the Commission's rules. Failure by an alternative gas | ||
supplier to implement or comply with a Commission-ordered | ||
compliance plan is a violation of this Section. The | ||
Commission, in its discretion, may order a compliance plan | ||
under such circumstances as it considers warranted and is not | ||
required to order a compliance plan prior to taking other | ||
enforcement action against an alternative retail gas supplier. | ||
Nothing in this subsection (e) shall be interpreted to limit | ||
the authority or right of the Attorney General. | ||
(Source: P.A. 101-590, eff. 1-1-20 .)
| ||
Section 10. The Consumer Fraud and Deceptive Business |
Practices Act is amended by changing Sections 2EE and 2DDD as | ||
follows:
| ||
(815 ILCS 505/2EE)
| ||
Sec. 2EE. Alternative retail electric supplier selection. | ||
(a) An alternative retail electric supplier shall not | ||
submit or execute
a change in a consumer's selection of a | ||
provider of electric
service unless and until: | ||
(i) the alternative retail electric supplier first | ||
discloses all material terms and conditions of the offer | ||
to the consumer; | ||
(ii) if the consumer is a small commercial retail | ||
customer as that term is defined in subsection (c) of this | ||
Section or a residential consumer, the alternative retail | ||
electric supplier discloses the utility electric supply | ||
price to compare, which shall be the sum of the electric | ||
supply charge and the transmission services charge, and | ||
shall not include the purchased electricity adjustment, | ||
applicable at the time the offer is made to the consumer; | ||
(iii) if the consumer is a small commercial retail | ||
customer as that term is defined in subsection (c) of this | ||
Section or a residential consumer, the alternative retail | ||
electric provider discloses the following statement: | ||
"(Name of the alternative retail electric | ||
supplier) is not the same entity as your electric | ||
delivery company. You are not required to enroll with |
(name of alternative retail electric supplier). As of | ||
(effective date), the electric supply price to compare | ||
is currently (price in cents per kilowatt hour). The | ||
electric utility electric supply price will expire on | ||
(expiration date). The utility electric supply price | ||
to compare does not include the purchased electricity | ||
adjustment factor. For more information go to the | ||
Illinois Commerce Commission's free website at | ||
www.pluginillinois.org.". | ||
If applicable, the statement shall include the | ||
following statement: | ||
"The purchased electricity adjustment factor may | ||
range between +.5 cents and -.5 cents per kilowatt | ||
hour."; | ||
(iv) the alternative retail electric supplier has | ||
obtained the consumer's express agreement to accept the | ||
offer after the disclosure of all material terms and | ||
conditions of the offer; and | ||
(v) the alternative retail electric supplier has | ||
confirmed the request for a change in accordance with one | ||
of the following procedures:
| ||
(A) The new alternative retail electric supplier | ||
has obtained the consumer's
written or electronically | ||
signed
authorization in a form that meets the
| ||
following requirements:
| ||
(1) An alternative retail electric supplier |
shall obtain any
necessary written or | ||
electronically signed authorization from a | ||
consumer for a
change in electric service by using | ||
a letter of agency as
specified in this
Section. | ||
Any letter of agency that does
not conform with | ||
this
Section is invalid.
| ||
(2) The letter of agency shall be a separate
| ||
document (an easily separable document containing | ||
only
the authorization language described in | ||
subparagraph (5)) whose sole purpose is to | ||
authorize an
electric service provider change. The | ||
letter of agency
must be signed and dated by the | ||
consumer requesting the
electric service provider | ||
change.
| ||
(3) The letter of agency shall not be combined | ||
with
inducements of any kind on the same document.
| ||
(4) Notwithstanding subparagraphs (1) and (2), | ||
the letter of agency may be combined with
checks | ||
that contain only the required letter of agency
| ||
language prescribed in subparagraph (5) and
the | ||
necessary information to make the check a | ||
negotiable
instrument. The letter of agency check | ||
shall not contain
any promotional language or | ||
material. The letter of
agency check shall contain | ||
in easily readable, bold-face
type on the face of | ||
the check, a notice that the consumer
is |
authorizing an electric service provider change by
| ||
signing the check. The letter of agency language | ||
also
shall be placed near the signature line on | ||
the back of
the check.
| ||
(5) At a minimum, the letter of agency must be
| ||
printed with a print of sufficient size to be | ||
clearly
legible, and must contain clear and | ||
unambiguous language
that confirms:
| ||
(i) The consumer's billing name and | ||
address;
| ||
(ii) The decision to change the electric | ||
service
provider from the current provider to | ||
the
prospective provider;
| ||
(iii) The terms, conditions, and nature of | ||
the
service to be provided to the consumer | ||
must be
clearly and conspicuously disclosed, | ||
in writing, and
an alternative retail electric | ||
supplier must directly establish
the rates for | ||
the service contracted for by the consumer; | ||
and
| ||
(iv) That the consumer understand that any
| ||
alternative retail electric supplier selection | ||
the consumer
chooses may involve a charge to | ||
the consumer for
changing the consumer's | ||
electric service provider.
| ||
(6) Letters of agency shall not suggest or |
require
that a consumer take some action in order | ||
to retain the consumer's
current electric service | ||
provider.
| ||
(7) If any portion of a letter of agency is
| ||
translated into another language, then all | ||
portions of
the letter of agency must be | ||
translated into that
language.
| ||
(B) An appropriately qualified independent third | ||
party has obtained, in accordance with the procedures | ||
set forth in this subsection (b), the consumer's oral | ||
authorization to change electric suppliers that | ||
confirms and includes appropriate verification data. | ||
The independent third party (i) must not be owned, | ||
managed, controlled, or directed by the supplier or | ||
the supplier's marketing agent; (ii) must not have any | ||
financial incentive to confirm supplier change | ||
requests for the supplier or the supplier's marketing | ||
agent; and (iii) must operate in a location physically | ||
separate from the supplier or the supplier's marketing | ||
agent.
| ||
Automated third-party verification systems and | ||
3-way conference calls may be used for verification | ||
purposes so long as the other requirements of this | ||
subsection (b) are satisfied. | ||
A supplier or supplier's sales representative | ||
initiating a 3-way conference call or a call through |
an automated verification system must drop off the | ||
call once the 3-way connection has been established. | ||
All third-party verification methods shall elicit, | ||
at a minimum, the following information: (i) the | ||
identity of the consumer; (ii) confirmation that the | ||
person on the call is the account holder, has been | ||
specifically and explicitly authorized by the account | ||
holder, or possesses lawful authority to make the | ||
supplier change; (iii) confirmation that the person on | ||
the call wants to make the supplier change; (iv) the | ||
names of the suppliers affected by the change; (v) the | ||
service address of the supply to be switched; and (vi) | ||
the price of the service to be supplied and the | ||
material terms and conditions of the service being | ||
offered, including whether any early termination fees | ||
apply. Third-party verifiers may not market the | ||
supplier's services by providing additional | ||
information, including information regarding | ||
procedures to block or otherwise freeze an account | ||
against further changes. | ||
All third-party verifications shall be conducted | ||
in the same language that was used in the underlying | ||
sales transaction and shall be recorded in their | ||
entirety. Submitting suppliers shall maintain and | ||
preserve audio records of verification of subscriber | ||
authorization for a minimum period of 2 years after |
obtaining the verification. Automated systems must | ||
provide consumers with an option to speak with a live | ||
person at any time during the call.
Each disclosure | ||
made during the third-party verification must be made | ||
individually to obtain clear acknowledgment of each | ||
disclosure. The alternative retail electric supplier | ||
must be in a location where he or she cannot hear the | ||
customer while the third-party verification is | ||
conducted. The alternative retail electric supplier | ||
shall not contact the customer after the third-party | ||
verification for a period of 24 hours unless the | ||
customer initiates the contact. | ||
(C) When a consumer initiates the call to the | ||
prospective alternative retail electric supplier, in | ||
order to enroll the consumer as a customer, the | ||
prospective alternative retail electric supplier must, | ||
with the consent of the customer, make a date-stamped, | ||
time-stamped audio recording that elicits, at a | ||
minimum, the following information: | ||
(1) the identity of the customer; | ||
(2) confirmation that the person on the call | ||
is authorized to make the supplier change; | ||
(3) confirmation that the person on the call | ||
wants to make the supplier change; | ||
(4) the names of the suppliers affected by the | ||
change; |
(5) the service address of the supply to be | ||
switched; and | ||
(6) the price of the service to be supplied | ||
and the material terms and conditions of the | ||
service being offered, including whether any early | ||
termination fees apply.
| ||
Submitting suppliers shall maintain and preserve | ||
the audio records containing the information set forth | ||
above for a minimum period of 2 years.
| ||
(b)(1) An alternative retail electric supplier shall not | ||
utilize the name of a public utility in any manner that is | ||
deceptive or misleading, including, but not limited to , | ||
implying or otherwise leading a consumer to believe that an | ||
alternative retail electric supplier is soliciting on behalf | ||
of or is an agent of a utility. An alternative retail electric | ||
supplier shall not utilize the name, or any other identifying | ||
insignia, graphics, or wording that has been used at any time | ||
to represent a public utility company or its services, to | ||
identify, label, or define any of its electric power and | ||
energy service offers. An alternative retail electric supplier | ||
may state the name of a public electric utility in order to | ||
accurately describe the electric utility service territories | ||
in which the supplier is currently offering an electric power | ||
and energy service. An alternative retail electric supplier | ||
that is the affiliate of an Illinois public utility and that | ||
was doing business in Illinois providing alternative retail |
electric service on January 1, 2016 may continue to use that | ||
public utility's name, logo, identifying insignia, graphics, | ||
or wording in its business operations occurring outside the | ||
service territory of the public utility with which it is | ||
affiliated. | ||
(2) An alternative retail electric supplier shall not | ||
state or otherwise imply that the alternative retail electric | ||
supplier is employed by, representing, endorsed by, or acting | ||
on behalf of a utility or utility program, a consumer group or | ||
consumer group program, or a governmental body, unless the | ||
alternative retail electric supplier has entered into a | ||
contractual arrangement with the governmental body and has | ||
been authorized by the governmental body to make the | ||
statements. | ||
(c) An alternative retail electric supplier shall not | ||
submit or execute a change in a consumer's selection of a | ||
provider of electric service unless the alternative retail | ||
electric supplier complies with the following requirements of | ||
this subsection (c). It is a violation of this Section for an | ||
alternative retail electric supplier to fail to comply with | ||
this subsection (c). The requirements of this subsection (c) | ||
shall only apply to residential and small commercial retail | ||
customers. For purposes of this subsection (c) only, "small | ||
commercial retail customer" has the meaning given to that term | ||
in Section 16-102 of the Public Utilities Act. | ||
(1) During a solicitation an alternative retail |
electric supplier shall state that he or represents an | ||
independent seller of electric power and energy service | ||
certified by the Illinois Commerce Commission and that he | ||
or she is not employed by, representing, endorsed by, or | ||
acting on behalf of, a utility, or a utility program, a | ||
consumer group or consumer group program, or a | ||
governmental body, unless the alternative retail electric | ||
supplier has entered into a contractual arrangement with | ||
the governmental body and has been authorized with the | ||
governmental body to make the statements. | ||
(2) Alternative retail electric suppliers who engage | ||
in in-person solicitation for the purpose of selling | ||
electric power and energy service offered by the | ||
alternative retail electric supplier shall display | ||
identification on an outer garment. This identification | ||
shall be visible at all times and prominently display the | ||
following: (i) the alternative retail electric supplier | ||
agent's full name in reasonable size font; (ii) an agent | ||
identification number; (iii) a photograph of the | ||
alternative retail electric supplier agent; and (iv) the | ||
trade name and logo of the alternative retail electric | ||
supplier the agent is representing. If the agent is | ||
selling electric power and energy services from multiple | ||
alternative retail electric suppliers to the consumer, the | ||
identification shall display the trade name and logo of | ||
the agent, broker, or consultant entity as that entity is |
defined in Section 16-115C of the Public Utilities Act. An | ||
alternative retail electric supplier shall leave the | ||
premises at the consumer's, owner's, or occupant's | ||
request. A copy of the Uniform Disclosure Statement | ||
described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | ||
is to be left with the consumer, at the conclusion of the | ||
visit unless the consumer refuses to accept a copy. An | ||
alternative retail electric supplier may provide the | ||
Uniform Disclosure Statement electronically instead of in | ||
paper form to a consumer upon that customer's request. The | ||
alternative retail electric supplier shall also offer to | ||
the consumer, at the time of the initiation of the | ||
solicitation, a business card or other material that lists | ||
the agent's name, identification number and title, and the | ||
alternative retail electric supplier's name and contact | ||
information, including phone number. The alternative | ||
retail electric supplier shall not conduct any in-person | ||
solicitations of consumers at any building or premises | ||
where any sign, notice, or declaration of any description | ||
whatsoever is posted that prohibits sales, marketing, or | ||
solicitations. The alternative retail electric supplier | ||
shall obtain consent to enter multi-unit residential | ||
dwellings. Consent obtained to enter a multi-unit dwelling | ||
from one prospective customer or occupant of the dwelling | ||
shall not constitute consent to market to any other | ||
prospective consumers without separate consent. |
(3) An alternative retail electric supplier who | ||
contacts consumers by telephone for the purpose of selling | ||
electric power and energy service shall provide the | ||
agent's name and identification number. Any telemarketing | ||
solicitations that lead to a telephone enrollment of a | ||
consumer must be recorded and retained for a minimum of 2 | ||
years. All telemarketing calls of consumers that do not | ||
lead to a telephone enrollment, but last at least 2 | ||
minutes, shall be recorded and retained for a minimum of 6 | ||
months. | ||
(4) During an inbound enrollment call, an alternative | ||
retail electric supplier shall state that he or she | ||
represents an independent seller of electric power and | ||
energy service certified by the Illinois Commerce | ||
Commission. All inbound enrollment calls that lead to an | ||
enrollment shall be recorded, and the recordings shall be | ||
retained for a minimum of 2 years. An inbound enrollment | ||
call that does not lead to an enrollment, but lasts at | ||
least 2 minutes, shall be retained for a minimum of 6 | ||
months. The alternative retail electric supplier shall | ||
send the Uniform Disclosure Statement and contract to the | ||
customer within 3 business days after the electric | ||
utility's confirmation to the alternative retail electric | ||
supplier of an accepted enrollment. | ||
(5) If a direct mail solicitation to a consumer | ||
includes a written letter of agency, it shall include the |
Uniform Disclosure Statement described in 83 Ill. Adm. | ||
Code 412.115 and 412.Appendix A. The Uniform Disclosure | ||
Statement shall be provided on a separate page from the | ||
other marketing materials included in the direct mail | ||
solicitation. If a written letter of agency is being used | ||
to authorize a consumer's enrollment, the written letter | ||
of agency shall comply with this Section. A copy of the | ||
contract must be sent to consumer within 3 business days | ||
after the electric utility's confirmation to the | ||
alternative retail electric supplier of an accepted | ||
enrollment. | ||
(6) Online Solicitation. | ||
(A) Each alternative retail electric supplier | ||
offering electric power and energy service to | ||
consumers online shall clearly and conspicuously make | ||
all disclosures for any services offered through | ||
online enrollment before requiring the consumer to | ||
enter any personal information other than zip code, | ||
electric utility service territory, or type of service | ||
sought. | ||
(B) Notwithstanding any requirements in this | ||
Section to the contrary, an alternative retail | ||
electric supplier may secure consent from the consumer | ||
to obtain customer-specific billing and usage | ||
information for the sole purpose of determining and | ||
pricing a product through a letter of agency or method |
approved through an Illinois Commerce Commission | ||
docket before making all disclosure for services | ||
offered through online enrollment. It is a violation | ||
of this Act for an alternative retail electric | ||
supplier to use a consumer's utility account number to | ||
execute or change a consumer's enrollment unless the | ||
consumer expressly consents to that enrollment as | ||
required by law. | ||
(C) The enrollment website of the alternative | ||
retail electric supplier shall, at a minimum, include: | ||
(i) disclosure of all material terms and conditions of | ||
the offer; (ii) a statement that electronic acceptance | ||
of the terms and conditions is an agreement to | ||
initiate service and begin enrollment; (iii) a | ||
statement that the consumer shall review the contract | ||
or contact the current supplier to learn if any early | ||
termination fees are applicable; and (iv) an email | ||
address and toll-free phone number of the alternative | ||
retail electric supplier where the customer can | ||
express a decision to rescind the contract. | ||
(7)(A) Beginning January 1, 2020, an alternative | ||
retail electric supplier shall not sell or offer to sell | ||
any products or services to a consumer pursuant to a | ||
contract in which the contract automatically renews, | ||
unless an alternative retail electric supplier provides to | ||
the consumer at the outset of the offer, in addition to |
other disclosures required by law, a separate written | ||
statement titled "Automatic Contract Renewal" that clearly | ||
and conspicuously discloses in bold lettering in at least | ||
12-point font the terms and conditions of the automatic | ||
contract renewal provision, including: (i) the estimated | ||
bill cycle on which the initial contract term expires and | ||
a statement that it could be later based on when the | ||
utility accepts the initial enrollment; (ii) the estimated | ||
bill cycle on which the new contract term begins and a | ||
statement that it will immediately follow the last billing | ||
cycle of the current term; (iii) the procedure to | ||
terminate the contract before the new contract term | ||
applies; and (iv) the cancellation procedure. If the | ||
alternative retail electric supplier sells or offers to | ||
sell the products or services to a consumer during an | ||
in-person solicitation or telemarketing solicitation, the | ||
disclosures described in this subparagraph (A) shall also | ||
be made to the consumer verbally during the solicitation. | ||
Nothing in this subparagraph (A) shall be construed to | ||
apply to contracts entered into before January 1, 2020. | ||
(B) At least 30 days before, but not more than 60 | ||
days prior, to the end of the initial contract term, in | ||
any and all contracts that automatically renew after | ||
the initial term, the alternative retail electric | ||
supplier shall send, in addition to other disclosures | ||
required by law, a separate written notice of the |
contract renewal to the consumer that clearly and | ||
conspicuously discloses the following: | ||
(i) a statement printed or visible from the | ||
outside of the envelope or in the subject line of | ||
the email, if the customer has agreed to receive | ||
official documents by email, that states "Contract | ||
Renewal Notice"; | ||
(ii) a statement in bold lettering, in at | ||
least 12-point font, that the contract will | ||
automatically renew unless the customer cancels | ||
it; | ||
(iii) the billing cycle in which service under | ||
the current term will expire; | ||
(iv) the billing cycle in which service under | ||
the new term will begin; | ||
(v) the process and options available to the | ||
consumer to reject the new contract terms; | ||
(vi) the cancellation process if the | ||
consumer's contract automatically renews before | ||
the consumer rejects the new contract terms; | ||
(vii) the terms and conditions of the new | ||
contract term; | ||
(viii) for a fixed rate contract, a | ||
side-by-side comparison of the current price and | ||
the new price; for a variable rate contract or | ||
time-of-use product in which the first month's |
renewal price can be determined, a side-by-side | ||
comparison of the current price and the price for | ||
the first month of the new variable or time-of-use | ||
price; or for a variable or time-of-use contract | ||
based on a publicly available index, a | ||
side-by-side comparison of the current formula and | ||
the new formula; and | ||
(ix) the phone number and Internet email | ||
address to submit a consumer inquiry or complaint | ||
to the Illinois Commerce Commission and the Office | ||
of the Attorney General. | ||
(C) An alternative retail electric supplier shall | ||
not automatically renew a consumer's enrollment after | ||
the current term of the contract expires when the | ||
current term of the contract provides that the | ||
consumer will be charged a fixed rate and the renewed | ||
contract provides that the consumer will be charged a | ||
variable rate, unless: (i) the alternative retail | ||
electric supplier complies with subparagraphs (A) and | ||
(B); and (ii) the customer expressly consents to the | ||
contract renewal in writing or by electronic signature | ||
at least 30 days, but no more than 60 days, before the | ||
contract expires. | ||
(D) This paragraph (7) does not apply to customers | ||
enrolled in a municipal aggregation program pursuant | ||
to Section 1-92 of the Illinois Power Agency Act. |
(8) All in-person and telephone solicitations shall be | ||
conducted in, translated into, and provided in a language | ||
in which the consumer subject to the marketing or | ||
solicitation is able to understand and communicate. An | ||
alternative retail electric supplier shall terminate a | ||
solicitation if the consumer subject to the marketing or | ||
communication is unable to understand and communicate in | ||
the language in which the marketing or solicitation is | ||
being conducted. An alternative retail electric supplier | ||
shall comply with Section 2N of this Act. | ||
(9) Beginning January 1, 2020, consumers shall have | ||
the right to terminate their contract with the alternative | ||
retail electric supplier at any time without any | ||
termination fees or penalties. | ||
(10) An alternative retail electric supplier shall not | ||
submit a change to a customer's electric service provider | ||
in violation of Section 16-115E of the Public Utilities | ||
Act. | ||
(d) (c) Complaints may be filed with the Illinois Commerce | ||
Commission under this Section by a consumer whose electric | ||
service has been provided by an alternative retail electric | ||
supplier in a manner not in compliance with this Section or by | ||
the Illinois Commerce Commission on its own motion when it | ||
appears to the Commission that an alternative retail electric | ||
supplier has provided service in a manner not in compliance | ||
with this Section. If, after notice and hearing, the |
Commission finds that an alternative retail electric supplier | ||
has violated this Section, the Commission may in its | ||
discretion do any one or more of the following: | ||
(1) Require the violating alternative retail electric | ||
supplier to refund to the consumer charges collected in | ||
excess of those that would have been charged by the | ||
consumer's authorized electric service provider. | ||
(2) Require the violating alternative retail electric | ||
supplier to pay to the consumer's authorized electric | ||
service provider the amount the authorized electric | ||
service provider would have collected for the electric | ||
service. The Commission is authorized to reduce this | ||
payment by any amount already paid by the violating | ||
alternative retail electric supplier to the consumer's | ||
authorized provider for electric service. | ||
(3) Require the violating alternative retail electric | ||
supplier to pay a fine of up to $10,000 $1,000 into the | ||
Public Utility Fund for each repeated and intentional | ||
violation of this Section. | ||
(4) Issue a cease and desist order. | ||
(5) For a pattern of violation of this Section or for | ||
violations that continue after intentionally violating a | ||
cease and desist order, revoke the violating alternative | ||
retail electric supplier's certificate of service | ||
authority.
| ||
(e) (d) For purposes of this
Section: |
"Electric service provider"
shall have the meaning given | ||
that phrase in
Section 6.5 of the
Attorney General Act.
| ||
"Alternative retail electric supplier" has the meaning | ||
given to that term in Section 16-102 of the Public Utilities | ||
Act. | ||
(Source: P.A. 101-590, eff. 1-1-20 .)
| ||
(815 ILCS 505/2DDD) | ||
Sec. 2DDD. Alternative gas suppliers. | ||
(a) Definitions. | ||
(1) "Alternative gas supplier" has the same meaning as | ||
in Section 19-105 of the Public Utilities Act. | ||
(2) "Gas utility" has the same meaning as in Section | ||
19-105 of the Public Utilities Act. | ||
(b) It is an unfair or deceptive act or practice within the | ||
meaning of Section 2 of this Act for any person to violate any | ||
provision of this Section. | ||
(c) Solicitation. | ||
(1) An alternative gas supplier shall not utilize the | ||
name of a public utility in any manner that is deceptive or | ||
misleading, including, but not limited to, implying or | ||
otherwise leading a customer to believe that an | ||
alternative gas supplier is soliciting on behalf of or is | ||
an agent of a utility. An alternative gas supplier shall | ||
not utilize the name, or any other identifying insignia, | ||
graphics, or wording, that has been used at any time to |
represent a public utility company or its services or to | ||
identify, label, or define any of its natural gas supply | ||
offers and shall not misrepresent the affiliation of any | ||
alternative supplier with the gas utility, governmental | ||
bodies, or consumer groups. | ||
(2) If any sales solicitation, agreement, contract, or | ||
verification is translated into another language and | ||
provided to a customer, all of the documents must be | ||
provided to the customer in that other language. | ||
(2.3) An alternative gas supplier shall state that it | ||
represents an independent seller of gas certified by the | ||
Illinois Commerce Commission and that he or she is not | ||
employed by, representing, endorsed by, or acting on | ||
behalf of a utility, or a utility program. | ||
(2.5) All in-person and telephone solicitations shall | ||
be conducted in, translated into, and provided in a | ||
language in which the consumer subject to the marketing or | ||
solicitation is able to understand and communicate. An | ||
alternative gas supplier shall terminate a solicitation if | ||
the consumer subject to the marketing or communication is | ||
unable to understand and communicate in the language in | ||
which the marketing or solicitation is being conducted. An | ||
alternative gas supplier shall comply with Section 2N of | ||
this Act. | ||
(3) An alternative gas supplier shall clearly and | ||
conspicuously disclose the following information to all |
customers: | ||
(A) the prices, terms, and conditions of the | ||
products and services being sold to the customer; | ||
(B) where the solicitation occurs in person, | ||
including through door-to-door solicitation, the | ||
salesperson's name; | ||
(C) the alternative gas supplier's contact | ||
information, including the address, phone number, and | ||
website; | ||
(D) contact information for the Illinois Commerce | ||
Commission, including the toll-free number for | ||
consumer complaints and website; | ||
(E) a statement of the customer's right to rescind | ||
the offer within 10 business days of the date on the | ||
utility's notice confirming the customer's decision to | ||
switch suppliers, as well as phone numbers for the | ||
supplier and utility that the consumer may use to | ||
rescind the contract; | ||
(F) the amount of the early termination fee, if | ||
any; and | ||
(G) the utility gas supply cost rates per therm | ||
price available from the Illinois Commerce Commission | ||
website applicable at the time the alternative gas | ||
supplier is offering or selling the products or | ||
services to the customer and shall disclose the | ||
following statement: |
"(Name of the alternative gas supplier) is not the | ||
same entity as your gas delivery company. You are not | ||
required to enroll with (name of alternative retail | ||
gas supplier). Beginning on (effective date), the | ||
utility gas supply cost rate per therm is (cost). The | ||
utility gas supply cost will expire on (expiration | ||
date). For more information go to the Illinois | ||
Commerce Commission's free website at | ||
www.icc.illinois.gov/ags/consumereducation.aspx.". | ||
(4) Except as provided in paragraph (5) of this | ||
subsection (c), an alternative gas supplier shall send the | ||
information described in paragraph (3) of this subsection | ||
(c) to all customers within one business day of the | ||
authorization of a switch. | ||
(5) An alternative gas supplier engaging in | ||
door-to-door solicitation of consumers shall provide the | ||
information described in paragraph (3) of this subsection | ||
(c) during all door-to-door solicitations that result in a | ||
customer deciding to switch his or her supplier. | ||
(d) Customer Authorization. An alternative gas supplier | ||
shall not submit or execute a change in a customer's selection | ||
of a natural gas provider unless and until : (i) the | ||
alternative gas supplier first discloses all material terms | ||
and conditions of the offer to the customer; (ii) the | ||
alternative gas supplier has obtained the customer's express | ||
agreement to accept the offer after the disclosure of all |
material terms and conditions of the offer; and (iii) the | ||
alternative gas supplier has confirmed the request for a | ||
change in accordance with one of the following procedures: | ||
(1) The alternative gas supplier has obtained the | ||
customer's written or electronically signed authorization | ||
in a form that meets the following requirements: | ||
(A) An alternative gas supplier shall obtain any | ||
necessary written or electronically signed | ||
authorization from a customer for a change in natural | ||
gas service by using a letter of agency as specified in | ||
this Section. Any letter of agency that does not | ||
conform with this Section is invalid. | ||
(B) The letter of agency shall be a separate | ||
document (or an easily separable document containing | ||
only the authorization language described in item (E) | ||
of this paragraph (1)) whose sole purpose is to | ||
authorize a natural gas provider change. The letter of | ||
agency must be signed and dated by the customer | ||
requesting the natural gas provider change. | ||
(C) The letter of agency shall not be combined | ||
with inducements of any kind on the same document. | ||
(D) Notwithstanding items (A) and (B) of this | ||
paragraph (1), the letter of agency may be combined | ||
with checks that contain only the required letter of | ||
agency language prescribed in item (E) of this | ||
paragraph (1) and the necessary information to make |
the check a negotiable instrument. The letter of | ||
agency check shall not contain any promotional | ||
language or material. The letter of agency check shall | ||
contain in easily readable, bold face type on the face | ||
of the check, a notice that the consumer is | ||
authorizing a natural gas provider change by signing | ||
the check. The letter of agency language also shall be | ||
placed near the signature line on the back of the | ||
check. | ||
(E) At a minimum, the letter of agency must be | ||
printed with a print of sufficient size to be clearly | ||
legible, and must contain clear and unambiguous | ||
language that confirms: | ||
(i) the customer's billing name and address; | ||
(ii) the decision to change the natural gas | ||
provider from the current provider to the | ||
prospective alternative gas supplier; | ||
(iii) the terms, conditions, and nature of the | ||
service to be provided to the customer, including, | ||
but not limited to, the rates for the service | ||
contracted for by the customer; and | ||
(iv) that the customer understands that any | ||
natural gas provider selection the customer | ||
chooses may involve a charge to the customer for | ||
changing the customer's natural gas provider. | ||
(F) Letters of agency shall not suggest or require |
that a customer take some action in order to retain the | ||
customer's current natural gas provider. | ||
(G) If any portion of a letter of agency is | ||
translated into another language, then all portions of | ||
the letter of agency must be translated into that | ||
language. | ||
(2) An appropriately qualified independent third party | ||
has obtained, in accordance with the procedures set forth | ||
in this paragraph (2), the customer's oral authorization | ||
to change natural gas providers that confirms and includes | ||
appropriate verification data. The independent third party | ||
must : (i) not be owned, managed, controlled, or directed | ||
by the alternative gas supplier or the alternative gas | ||
supplier's marketing agent; (ii) not have any financial | ||
incentive to confirm provider change requests for the | ||
alternative gas supplier or the alternative gas supplier's | ||
marketing agent; and (iii) operate in a location | ||
physically separate from the alternative gas supplier or | ||
the alternative gas supplier's marketing agent. Automated | ||
third-party verification systems and 3-way conference | ||
calls may be used for verification purposes so long as the | ||
other requirements of this paragraph (2) are satisfied. An | ||
alternative gas supplier or alternative gas supplier's | ||
sales representative initiating a 3-way conference call or | ||
a call through an automated verification system must drop | ||
off the call once the 3-way connection has been |
established. All third-party verification methods shall | ||
elicit, at a minimum, the following information: | ||
(A) the identity of the customer; | ||
(B) confirmation that the person on the call is | ||
authorized to make the provider change; | ||
(C) confirmation that the person on the call wants | ||
to make the provider change; | ||
(D) the names of the providers affected by the | ||
change; | ||
(E) the service address of the service to be | ||
switched; and | ||
(F) the price of the service to be provided and the | ||
material terms and conditions of the service being | ||
offered, including whether any early termination fees | ||
apply. | ||
Third-party verifiers may not market the alternative | ||
gas supplier's services. All third-party verifications | ||
shall be conducted in the same language that was used in | ||
the underlying sales transaction and shall be recorded in | ||
their entirety. Submitting alternative gas suppliers shall | ||
maintain and preserve audio records of verification of | ||
customer authorization for a minimum period of 2 years | ||
after obtaining the verification. Automated systems must | ||
provide customers with an option to speak with a live | ||
person at any time during the call. Each disclosure made | ||
during the third-party verification must be made |
individually to obtain clear acknowledgment of each | ||
disclosure. The alternative gas supplier must be in a | ||
location where he or she cannot hear the customer while | ||
the third-party verification is conducted. The alternative | ||
gas supplier shall not contact the customer after the | ||
third-party verification for a period of 24 hours unless | ||
the customer initiates the contact. | ||
(3) The alternative gas supplier has obtained the | ||
customer's electronic authorization to change natural gas | ||
service via telephone. Such authorization must elicit the | ||
information in subparagraphs (A) through (F) of paragraph | ||
(2) of this subsection (d). Alternative gas suppliers | ||
electing to confirm sales electronically shall establish | ||
one or more toll-free telephone numbers exclusively for | ||
that purpose. Calls to the number or numbers shall connect | ||
a customer to a voice response unit, or similar mechanism, | ||
that makes a date-stamped, time-stamped recording of the | ||
required information regarding the alternative gas | ||
supplier change. | ||
The alternative gas supplier shall not use such | ||
electronic authorization systems to market its services. | ||
(4) When a consumer initiates the call to the | ||
prospective alternative gas supplier, in order to enroll | ||
the consumer as a customer, the prospective alternative | ||
gas supplier must, with the consent of the customer, make | ||
a date-stamped, time-stamped audio recording that elicits, |
at a minimum, the following information: | ||
(A) the identity of the customer; | ||
(B) confirmation that the person on the call is | ||
authorized to make the provider change; | ||
(C) confirmation that the person on the call wants | ||
to make the provider change; | ||
(D) the names of the providers affected by the | ||
change; | ||
(E) the service address of the service to be | ||
switched; and | ||
(F) the price of the service to be supplied and the | ||
material terms and conditions of the service being | ||
offered, including whether any early termination fees | ||
apply. | ||
Submitting alternative gas suppliers shall maintain | ||
and preserve the audio records containing the information | ||
set forth above for a minimum period of 2 years. | ||
(5) In the event that a customer enrolls for service | ||
from an alternative gas supplier via an Internet website, | ||
the alternative gas supplier shall obtain an | ||
electronically signed letter of agency in accordance with | ||
paragraph (1) of this subsection (d) and any customer | ||
information shall be protected in accordance with all | ||
applicable statutes and rules. In addition, an alternative | ||
gas supplier shall provide the following when marketing | ||
via an Internet website: |
(A) The Internet enrollment website shall, at a | ||
minimum, include: | ||
(i) a copy of the alternative gas supplier's | ||
customer contract, which clearly and conspicuously | ||
discloses all terms and conditions; and | ||
(ii) a conspicuous prompt for the customer to | ||
print or save a copy of the contract. | ||
(B) Any electronic version of the contract shall | ||
be identified by version number, in order to ensure | ||
the ability to verify the particular contract to which | ||
the customer assents. | ||
(C) Throughout the duration of the alternative gas | ||
supplier's contract with a customer, the alternative | ||
gas supplier shall retain and, within 3 business days | ||
of the customer's request, provide to the customer an | ||
email e-mail , paper, or facsimile of the terms and | ||
conditions of the numbered contract version to which | ||
the customer assents. | ||
(D) The alternative gas supplier shall provide a | ||
mechanism by which both the submission and receipt of | ||
the electronic letter of agency are recorded by time | ||
and date. | ||
(E) After the customer completes the electronic | ||
letter of agency, the alternative gas supplier shall | ||
disclose conspicuously through its website that the | ||
customer has been enrolled and the alternative gas |
supplier shall provide the customer an enrollment | ||
confirmation number. | ||
(6) When a customer is solicited in person by the | ||
alternative gas supplier's sales agent, the alternative | ||
gas supplier may only obtain the customer's authorization | ||
to change natural gas service through the method provided | ||
for in paragraph (2) of this subsection (d). | ||
Alternative gas suppliers must be in compliance with the | ||
provisions of this subsection (d) within 90 days after April | ||
10, 2009 (the effective date of Public Act 95-1051). | ||
(e) Early Termination. | ||
(1) Beginning January 1, 2020, consumers shall have | ||
the right to terminate their contract with an alternative | ||
gas supplier at any time without any termination fees or | ||
penalties. | ||
(2) In any agreement that contains an early | ||
termination clause, an alternative gas supplier shall | ||
provide the customer the opportunity to terminate the | ||
agreement without any termination fee or penalty within 10 | ||
business days after the date of the first bill issued to | ||
the customer for products or services provided by the | ||
alternative gas supplier. The agreement shall disclose the | ||
opportunity and provide a toll-free phone number that the | ||
customer may call in order to terminate the agreement. | ||
(f) The alternative gas supplier shall provide each | ||
customer the opportunity to rescind its agreement without |
penalty within 10 business days after the date on the gas | ||
utility notice to the customer. The alternative gas supplier | ||
shall disclose to the customer all of the following: | ||
(1) that the gas utility shall send a notice | ||
confirming the switch; | ||
(2) that from the date the utility issues the notice | ||
confirming the switch, the customer shall have 10 business | ||
days before the switch will become effective; | ||
(3) that the customer may contact the gas utility or | ||
the alternative gas supplier to rescind the switch within | ||
10 business days; and | ||
(4) the contact information for the gas utility and | ||
the alternative gas supplier. | ||
The alternative gas supplier disclosure shall be included | ||
in its sales solicitations, contracts, and all applicable | ||
sales verification scripts. | ||
(f-5)(1) Beginning January 1, 2020, an alternative gas | ||
supplier shall not sell or offer to sell any products or | ||
services to a consumer pursuant to a contract in which the | ||
contract automatically renews, unless an alternative gas | ||
supplier provides to the consumer at the outset of the offer, | ||
in addition to other disclosures required by law, a separate | ||
written statement titled "Automatic Contract Renewal" that | ||
clearly and conspicuously discloses in bold lettering in at | ||
least 12-point font the terms and conditions of the automatic | ||
contract renewal provision, including: (i) the estimated bill |
cycle on which the initial contract term expires and a | ||
statement that it could be later based on when the utility | ||
accepts the initial enrollment; (ii) the estimated bill cycle | ||
on which the new contract term begins and a statement that it | ||
will immediately follow the last billing cycle of the current | ||
term; (iii) the procedure to terminate the contract before the | ||
new contract term applies; and (iv) the cancellation | ||
procedure. If the alternative gas supplier sells or offers to | ||
sell the products or services to a consumer during an | ||
in-person solicitation or telemarketing solicitation, the | ||
disclosures described in this paragraph (1) shall also be made | ||
to the consumer verbally during the solicitation. Nothing in | ||
this paragraph (1) shall be construed to apply to contracts | ||
entered into before January 1, 2020. | ||
(2) At least 30 days before, but not more than 60 days | ||
prior, to the end of the initial contract term, in any and all | ||
contracts that automatically renew after the initial term, the | ||
alternative gas supplier shall send, in addition to other | ||
disclosures required by law, a separate written notice of the | ||
contract renewal to the consumer that clearly and | ||
conspicuously discloses the following: | ||
(A) a statement printed or visible from the outside of | ||
the envelope or in the subject line of the email, if the | ||
customer has agreed to receive official documents by | ||
email, that states "Contract Renewal Notice"; | ||
(B) a statement in bold lettering, in at least |
12-point font, that the contract will automatically renew | ||
unless the customer cancels it; | ||
(C) the billing cycle in which service under the | ||
current term will expire; | ||
(D) the billing cycle in which service under the new | ||
term will begin; | ||
(E) the process and options available to the consumer | ||
to reject the new contract terms; | ||
(F) the cancellation process if the consumer's | ||
contract automatically renews before the consumer rejects | ||
the new contract terms; | ||
(G) the terms and conditions of the new contract term; | ||
(H) for a fixed rate or flat bill contract, a | ||
side-by-side comparison of the current fixed rate or flat | ||
bill to the new fixed rate or flat bill; for a variable | ||
rate contract or time-of-use product in which the first | ||
month's renewal price can be determined, a side-by-side | ||
comparison of the current price and the price for the | ||
first month of the new variable or time-of-use price; or | ||
for a variable or time-of-use contract based on a publicly | ||
available index, a side-by-side comparison of the current | ||
formula and the new formula; and | ||
(I) the phone number and Internet email address to | ||
submit a consumer inquiry or complaint to the Illinois | ||
Commerce Commission and the Office of the Attorney | ||
General. |
(3) An alternative gas supplier shall not automatically | ||
renew a consumer's enrollment after the current term of the | ||
contract expires when the current term of the contract | ||
provides that the consumer will be charged a fixed rate and the | ||
renewed contract provides that the consumer will be charged a | ||
variable rate, unless: (i) the alternative gas supplier | ||
complies with paragraphs (1) and (2); and (ii) the customer | ||
expressly consents to the contract renewal in writing or by | ||
electronic signature at least 30 days, but no more than 60 | ||
days, before the contract expires. | ||
(4) An alternative gas supplier shall not submit a change | ||
to a customer's gas service provider in violation of Section | ||
19-116 of the Public Utilities Act. | ||
(g) The provisions of this Section shall apply only to | ||
alternative gas suppliers serving or seeking to serve | ||
residential and small commercial customers and only to the | ||
extent such alternative gas suppliers provide services to | ||
residential and small commercial customers.
| ||
(h) Complaints may be filed with the Commission under this | ||
Section by a consumer whose gas service has been provided by an | ||
alternative retail gas supplier in a manner not in compliance | ||
with this Section or by the Commission on its own motion when | ||
it appears to the Commission that an alternative retail gas | ||
supplier has provided service in a manner not in compliance | ||
with this Section. If, after notice and hearing, the | ||
Commission finds that an alternative retail gas supplier has |
violated this Section, the Commission may in its discretion do | ||
any one or more of the following: | ||
(1) require the alternative retail gas supplier to | ||
refund to the consumer charges collected in excess of | ||
those that would have been charged by the consumer's | ||
authorized gas service provider; | ||
(2) require the alternative retail gas supplier to pay | ||
to the consumer's authorized gas service provider the | ||
amount the authorized gas service provider would have | ||
collected for the gas service. The Commission is | ||
authorized to reduce this payment by any amount already | ||
paid by the alternative retail gas to the consumer's | ||
authorized provider for gas service; | ||
(3) require the alternative retail electric supplier | ||
to pay a fine of up to $10,000 per occurrence into the | ||
Public Utility Fund for each violation of this Section; | ||
(4) issue a cease and desist order; and | ||
(5) for a pattern of violation of this Section or for | ||
violations that continue after a cease and desist order, | ||
revoke the alternative retail gas supplier's certificate | ||
of service authority. | ||
(Source: P.A. 101-590, eff. 1-1-20; 102-558, eff. 8-20-21.)
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