Public Act 098-0554
 
SB0105 EnrolledLRB098 06908 MGM 36965 b



    AN ACT concerning regulation. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Public Utilities Act is amended  by adding 
Section 16-103.2 as follows:
 
    (220 ILCS 5/16-103.2 new)
    Sec. 16-103.2. Market Settlement Service.
    (a)     Notwithstanding anything to the contrary, an electric 
utility shall be permitted, at its election, to provide Market 
Settlement Service, which, for purposes of this Section, shall 
mean a tariffed, unbundled electric power and energy supply 
service applicable to all of the electric utility's retail 
customers having maximum demands exceeding 400 kilowatts, as 
measured in accordance with the electric utility's retail 
tariffs, that do not otherwise purchase all of their electric 
power and energy supply service from the electric utility.  
Market Settlement Service shall apply to the difference between 
(i) the actual quantities of electric power and energy supply 
provided to any such retail customer during a given period and 
(ii) the quantities of such supply that were deemed to have 
been provided to such retail customer for the purposes of the 
applicable regional transmission organization's final 
wholesale market settlements during that same period.  An 
electric utility providing Market Settlement Service may also, 
at its election, include in Market Settlement Service electric 
capacity, transmission services, or other services that are 
also provided by or through a regional transmission 
organization to retail customers who receive tariffed electric 
power and energy supply service with hourly pricing provisions 
at quantities assigned to such retail customer pursuant to the 
electric utility's Market Settlement Service tariff.  Charges 
(if the actual quantities provided were greater) or credits (if 
the actual quantities provided were less) shall be calculated 
based on the same unit rate or rates set forth in the electric 
utility's tariff or tariffs for electric power and energy 
supply service with hourly pricing provisions applicable to its 
retail customers having maximum demands exceeding 400 
kilowatts, provided, however, that any reconciliation 
provision set forth in such tariff or tariffs, including any 
charges or credits resulting therefrom, shall not apply to 
Market Settlement Service.
    An electric utility providing Market Settlement Service 
shall be permitted to recover all of its reasonable and 
prudently incurred administrative and operational costs of 
providing this service from all of its retail customers through 
its delivery services charges. An electric utility providing 
Market Settlement Service shall be permitted to recover its 
reasonable and prudent initial implementation and start-up 
costs from retail consumers having maximum demands exceeding 
400 kilowatts through its delivery service charges. 
    (b)    Market Settlement Service shall be provided pursuant to 
a tariff of the electric utility on file with the Commission.  
The electric utility's Market Settlement Service tariff shall 
include provisions for the determination of the quantities 
subject to Market Settlement Service for any retail customer 
that receives only a portion of its electric power and energy 
requirements from an alternative retail electric supplier or 
electric utility operating outside of its service territory.  
Notwithstanding subsection (a) of this Section, the electric 
utility may elect to (i) exclude from Market Settlement Service 
any portion of the difference described in subsection (a) of 
this Section attributable to a delayed initial retail electric 
service bill for a given period and (ii) provide Market 
Settlement Service limited to an entire retail billing period 
or periods, without proration, notwithstanding that the 
applicable regional transmission organization's final 
wholesale market settlements may have occurred on a date within 
a retail billing period.
    (c)    An electric utility that has a tariff in effect 
pursuant to this Section shall not be subject to, or allowed to 
pursue, any other claims, adjustments, settlements, or offsets 
related to the cost of any difference in the actual quantities 
of electric energy, capacity, transmission services, or other 
services included in Market Settlement Service, provided, 
however, that the provisions of this subsection (c) shall not, 
consistent with the provisions of this Act, (i) preclude any 
subsequent and separate adjustments made to the same retail 
customer's electric service account pursuant to a tariff 
authorized by this Section because of other differences, 
whether for the same or a different meter or for the same or 
different period or (ii) reduce or impair in any way an 
electric utility's authority to charge a retail customer for 
unmetered electric service related to the retail customer's 
unlawful tampering with or interference with electric service, 
including, but not limited to, any other charges allowed by law 
or the electric utility's tariffs.
    (d)    A tariff authorized by this Section may be established 
outside of either (i) a filing seeking a general change in 
rates under Article IX of this Act or (ii) a filing authorized 
under Section 16-108.5 of this Act.  The Commission shall review 
and, by order, approve, or approve as modified, the proposed 
tariff within 180 days after the date on which it is filed.  In 
the event the Commission approves such a tariff with 
modifications, the electric utility shall not be obligated to 
place the modified tariff into effect.  In such event, the 
electric utility must, within 14 days after any Commission 
order, withdraw its proposed tariff and its election to provide 
Market Settlement Service.  If a Market Settlement Service 
tariff does become effective, such tariff shall remain in 
effect thereafter at the discretion of the electric utility.
    (e)     Notwithstanding anything in this Act to the contrary, 
an electric utility providing Market Settlement Service shall 
not be liable to any retail customer, alternative retail 
electric supplier, or electric utility operating outside of its 
service territory for any adjustment in the quantity of any 
transmission or retail electric supply service for which the 
applicable regional transmission organization under its 
tariffs, agreements, and market and business rules will no 
longer make a corresponding adjustment to the wholesale market 
settlements.

Effective Date:  1/1/2014