Bill Amendment: IL SB0651 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ALTERNATIVE ELEC/GAS SUPPLIERS

Status: 2019-08-27 - Public Act . . . . . . . . . 101-0590 [SB0651 Detail]

Download: Illinois-2019-SB0651-Senate_Amendment_001.html

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Sen. Kimberly A. Lightford

Filed: 3/12/2019

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AMENDMENT TO SENATE BILL 651
AMENDMENT NO. ______. Amend Senate Bill 651 by replacing
everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Sections 16-115A, 16-118, 19-115, 19-130, 19-135, and 20-110
and by adding Sections 16-115E and 19-116 as follows:
(220 ILCS 5/16-115A)
Sec. 16-115A. Obligations of alternative retail electric
suppliers.
(a) An alternative retail electric supplier shall:
(i) shall comply with the requirements imposed on
public utilities by Sections 8-201 through 8-207, 8-301,
8-505 and 8-507 of this Act, to the extent that these
Sections have application to the services being offered by
the alternative retail electric supplier; and
(ii) shall continue to comply with the requirements for

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certification stated in subsection (d) of Section 16-115; .
(iii) on January 1, 2020, and every first day of each
quarter thereafter, shall submit to the Commission and the
Office of the Attorney General the rates the retail
electric supplier charged to residential customers in the
prior quarter, including each distinct rate charged and
whether the rate was a fixed or variable rate, the basis
for the variable rate, and any fees charged in addition to
the supply rate, including monthly fees, flat fees, or
other service charges;
(iv) shall make publicly available on its website,
without the need for a customer login, rate information for
all of its variable, time-of-use, and fixed rate contracts
currently available to residential customers, including,
but not limited to, fixed monthly charges, early
termination charges, and kilowatt-hour charges;
(v) no less than 30 days but no more than 60 days
before a residential customer's price per kilowatt hour or
other charge changes, shall send a separate written notice
by United States Mail or electronic mail, as specified by
the residential customer, addressed to the residential
customer informing the residential customer of the
upcoming change in price or other charge; the changed price
per kilowatt hour or other charge shall be included in the
notice and shall not require the residential customer to
visit or log on to a website to obtain the change in price

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or other charge; the telephone number and email address to
contact the supplier shall be included in the notice; and
(vi) shall not automatically renew a contract with a
residential customer at a rate higher than the initial term
of the contract or automatically change or renew a fixed
rate contract to a variable rate contract. A residential
customer may agree to a contract renewal at a rate higher
than the initial term of the contract if the notice
requirements in paragraph (v) have been met and the
residential customer expressly consents to the contract
renewal in writing or by an electronic signature. A
residential customer may void a variable rate contract
unless the residential customer received a disclosure
showing the prior 12 months of charges under the variable
rate contract and the disclosures required by paragraph (i)
of subsection (e) before expressly consenting to the
contract renewal.
(b) An alternative retail electric supplier shall obtain
verifiable authorization from a customer, in a form or manner
approved by the Commission consistent with Section 2EE of the
Consumer Fraud and Deceptive Business Practices Act, before the
customer is switched from another supplier.
(c) No alternative retail electric supplier, or electric
utility other than the electric utility in whose service area a
customer is located, shall (i) enter into or employ any
arrangements which have the effect of preventing a retail

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customer with a maximum electrical demand of less than one
megawatt from having access to the services of the electric
utility in whose service area the customer is located or (ii)
charge retail customers for such access. This subsection shall
not be construed to prevent an arms-length agreement between a
supplier and a retail customer that sets a term of service,
notice period for terminating service and provisions governing
early termination through a tariff or contract as allowed by
Section 16-119.
(d) An alternative retail electric supplier that is
certified to serve residential or small commercial retail
customers shall not:
(1) deny service to a customer or group of customers
nor establish any differences as to prices, terms,
conditions, services, products, facilities, or in any
other respect, whereby such denial or differences are based
upon race, gender or income, except as provided in Section
16-115E.
(2) deny service to a customer or group of customers
based on locality nor establish any unreasonable
difference as to prices, terms, conditions, services,
products, or facilities as between localities.
(e) An alternative retail electric supplier shall comply
with the following requirements with respect to the marketing,
offering and provision of products or services to residential
and small commercial retail customers:

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(i) All Any marketing materials, including electronic
marketing materials, in-person solicitations, and
telephone solicitations, which make statements concerning
prices, terms and conditions of service shall contain
information that adequately discloses the prices, terms
and conditions of the products or services that the
alternative retail electric supplier is offering or
selling to the customer and shall contain the Historical
Prices to Compare from the immediately preceding 12 months
as displayed on the Plug-In Illinois website maintained by
the Illinois Commerce Commission. The disclosure may group
months during which the price to compare was unchanged and
may include more than 12 months if the immediately
preceding 12 months are included. All marketing materials,
including, but not limited to, electronic marketing
materials, in-person solicitations, and telephone
solicitations, shall include the following statement:
"(Name of alternative retail electric supplier) is not the
same entity as your electric utility delivery company. You
are not required to enroll with (name of alternative retail
electric supplier). For information on comparison rates
for utility electric supply service and understanding your
electric supply choices, go to the Illinois Commerce
Commission's free website at www.pluginillinois.org.".
This paragraph (i) does not apply to goodwill or
institutional advertising.

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(ii) Before any customer is switched from another
supplier, the alternative retail electric supplier shall
give the customer written information that adequately
discloses, in plain language, the prices, terms and
conditions of the products and services being offered and
sold to the customer.
(iii) An alternative retail electric supplier shall
provide documentation to the Commission and to customers
that substantiates any claims made by the alternative
retail electric supplier regarding the technologies and
fuel types used to generate the electricity offered or sold
to customers.
(iv) The alternative retail electric supplier shall
provide to the customer (1) itemized billing statements
that describe the products and services provided to the
customer and their prices, and (2) an additional statement,
at least annually, that adequately discloses the average
monthly prices, and the terms and conditions, of the
products and services sold to the customer.
(f) An alternative retail electric supplier may limit the
overall size or availability of a service offering by
specifying one or more of the following: a maximum number of
customers, maximum amount of electric load to be served, time
period during which the offering will be available, or other
comparable limitation, but not including the geographic
locations of customers within the area which the alternative

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retail electric supplier is certificated to serve. The
alternative retail electric supplier shall file the terms and
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(g) Nothing in this Section shall be construed as
preventing an alternative retail electric supplier, which is an
affiliate of, or which contracts with, (i) an industry or trade
organization or association, (ii) a membership organization or
association that exists for a purpose other than the purchase
of electricity, or (iii) another organization that meets
criteria established in a rule adopted by the Commission, from
offering through the organization or association services at
prices, terms and conditions that are available solely to the
members of the organization or association.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-115E new)
Sec. 16-115E. Alternative retail electric supplier;
utility assistance recipient.
(a) An alternative retail electric supplier shall not
submit or execute a change in a customer's electric supplier if
the confirmation described in subsection (c) discloses that the
utility's records indicate that either: (1) the customer has
been verified by an approved agency within the preceding 12
months as eligible to receive financial assistance from either

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the Low Income Home Energy Assistance Program or the Percentage
of Income Payment Plan; or (2) the customer has received
financial assistance within the preceding 12 months from either
the Low Income Home Energy Assistance Program or the Percentage
of Income Payment Plan, unless (A) the customer's change in
electric supplier is pursuant to a government aggregation
program adopted in accordance with Section 1-92 of the Illinois
Power Agency Act, or (B) the customer's change in electric
supplier is pursuant to a Commission-approved savings
guarantee plan as described in subsection (b).
(b) Beginning January 1, 2021, an alternative retail
electric supplier may apply to the Commission to offer a
savings guarantee plan to recipients of Low Income Home Energy
Assistance Program funding or Percentage of Income Payment Plan
funding. The Commission shall initiate a public, docketed
proceeding to consider whether or not to approve an alternative
retail electric supplier's application to offer a savings
guarantee plan. At a minimum, the savings guarantee plan shall
charge customers for electric supply an amount that is less
than the amount the public utility charges for electric supply.
The Commission shall adopt rules to implement this subsection.
(c) An agreement entered into between an alternative retail
electric supplier and a customer in violation of this Section
is void and unenforceable. Before the alternative retail
electric supplier submits or executes a change in a customer's
supplier, other than a change pursuant to a government

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aggregation program adopted in accordance with Section 1-92 of
the Illinois Power Agency Act or pursuant to a
Commission-approved savings guarantee plan as described in
subsection (b), the alternative retail electric supplier
shall: (1) confirm with the customer whether the customer is
either eligible to receive or has received financial assistance
within the preceding 12 months from the Low Income Home Energy
Assistance Program or the Percentage of Income Payment Plan;
and (2) confirm with the utility whether the utility's records
at the time of the request indicate that the customer either
(A) has been verified by an approved agency as a customer who
is eligible to receive financial assistance within the
preceding 12 months from either the Low Income Home Energy
Assistance Program or the Percentage of Income Payment Plan, or
(B) has received financial assistance within the preceding 12
months from either the Low Income Home Energy Assistance
Program or the Percentage of Income Payment Plan.
(220 ILCS 5/16-118)
Sec. 16-118. Services provided by electric utilities to
alternative retail electric suppliers.
(a) It is in the best interest of Illinois energy consumers
to promote fair and open competition in the provision of
electric power and energy and to prevent anticompetitive
practices in the provision of electric power and energy.
Therefore, to the extent an electric utility provides electric

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power and energy or delivery services to alternative retail
electric suppliers and such services are not subject to the
jurisdiction of the Federal Energy Regulatory Commission, and
are not competitive services, they shall be provided through
tariffs that are filed with the Commission, pursuant to Article
IX of this Act. Each electric utility shall permit alternative
retail electric suppliers to interconnect facilities to those
owned by the utility provided they meet established standards
for such interconnection, and may provide standby or other
services to alternative retail electric suppliers. The
alternative retail electric supplier shall sign a contract
setting forth the prices, terms and conditions for
interconnection with the electric utility and the prices, terms
and conditions for services provided by the electric utility to
the alternative retail electric supplier in connection with the
delivery by the electric utility of electric power and energy
supplied by the alternative retail electric supplier.
(b) An electric utility shall file a tariff pursuant to
Article IX of the Act that would allow alternative retail
electric suppliers or electric utilities other than the
electric utility in whose service area retail customers are
located to issue single bills to the retail customers for both
the services provided by such alternative retail electric
supplier or other electric utility and the delivery services
provided by the electric utility to such customers. The tariff
filed pursuant to this subsection shall (i) require partial

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payments made by retail customers to be credited first to the
electric utility's tariffed services, (ii) impose commercially
reasonable terms with respect to credit and collection,
including requests for deposits, (iii) retain the electric
utility's right to disconnect the retail customers, if it does
not receive payment for its tariffed services, in the same
manner that it would be permitted to if it had billed for the
services itself, and (iv) require the alternative retail
electric supplier or other electric utility that elects the
billing option provided by this tariff to include on each bill
to retail customers an identification of the electric utility
providing the delivery services and a listing of the charges
applicable to such services. The tariff filed pursuant to this
subsection may also include other just and reasonable terms and
conditions. In addition, an electric utility, an alternative
retail electric supplier or electric utility other than the
electric utility in whose service area the customer is located,
and a customer served by such alternative retail electric
supplier or other electric utility, may enter into an agreement
pursuant to which the alternative retail electric supplier or
other electric utility pays the charges specified in Section
16-108, or other customer-related charges, including taxes and
fees, in lieu of such charges being recovered by the electric
utility directly from the customer.
(c) An electric utility with more than 100,000 customers
shall file a tariff pursuant to Article IX of this Act that

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provides alternative retail electric suppliers, and electric
utilities other than the electric utility in whose service area
the retail customers are located, with the option to have the
electric utility purchase their receivables for power and
energy service provided to residential retail customers and
non-residential retail customers with a non-coincident peak
demand of less than 400 kilowatts. Receivables for power and
energy service of alternative retail electric suppliers or
electric utilities other than the electric utility in whose
service area the retail customers are located shall be
purchased by the electric utility at a just and reasonable
discount rate to be reviewed and approved by the Commission
after notice and hearing. The discount rate shall be based on
the electric utility's historical bad debt and any reasonable
start-up costs and administrative costs associated with the
electric utility's purchase of receivables. The discounted
rate for purchase of receivables shall be included in the
tariff filed pursuant to this subsection (c). The discount rate
filed pursuant to this subsection (c) shall be subject to
periodic Commission review. The electric utility retains the
right to impose the same terms on retail customers with respect
to credit and collection, including requests for deposits, and
retain the electric utility's right to disconnect the retail
customers, if it does not receive payment for its tariffed
services or purchased receivables, in the same manner that it
would be permitted to if the retail customers purchased power

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and energy from the electric utility. The tariff filed pursuant
to this subsection (c) shall permit the electric utility to
recover from retail customers any uncollected receivables that
may arise as a result of the purchase of receivables under this
subsection (c), may also include other just and reasonable
terms and conditions, and shall provide for the prudently
incurred costs associated with the provision of this service
pursuant to this subsection (c). Nothing in this subsection (c)
permits the double recovery of bad debt expenses from
customers.
(d) An electric utility with more than 100,000 customers
shall file a tariff pursuant to Article IX of this Act that
would provide alternative retail electric suppliers or
electric utilities other than the electric utility in whose
service area retail customers are located with the option to
have the electric utility produce and provide single bills to
the retail customers for both the electric power and energy
service provided by the alternative retail electric supplier or
other electric utility and the delivery services provided by
the electric utility to the customers. The tariffs filed
pursuant to this subsection shall require the electric utility
to collect and remit customer payments for electric power and
energy service provided by alternative retail electric
suppliers or electric utilities other than the electric utility
in whose service area retail customers are located. The tariff
filed pursuant to this subsection shall require the electric

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utility to include on each bill to retail customers an
identification of the alternative retail electric supplier or
other electric utility that elects the billing option. The
tariff filed pursuant to this subsection (d) may also include
other just and reasonable terms and conditions and shall
provide for the recovery of prudently incurred costs associated
with the provision of service pursuant to this subsection (d).
The costs associated with the provision of service pursuant to
this Section shall be subject to periodic Commission review.
(e) An electric utility with more than 100,000 customers in
this State shall file a tariff pursuant to Article IX of this
Act that provides alternative retail electric suppliers, and
electric utilities other than the electric utility in whose
service area the retail customers are located, with the option
to have the electric utility purchase 2 billing cycles worth of
uncollectible receivables for power and energy service
provided to residential retail customers and to
non-residential retail customers with a non-coincident peak
demand of less than 400 kilowatts upon returning that customer
to that electric utility for delivery and energy service after
that alternative retail electric supplier, or an electric
utility other than the electric utility in whose service area
the retail customer is located, has made reasonable collection
efforts on that account. Uncollectible receivables for power
and energy service of alternative retail electric suppliers, or
electric utilities other than the electric utility in whose

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service area the retail customers are located, shall be
purchased by the electric utility at a just and reasonable
discount rate to be reviewed and approved by the Commission,
after notice and hearing. The discount rate shall be based on
the electric utility's historical bad debt for receivables that
are outstanding for a similar length of time and any reasonable
start-up costs and administrative costs associated with the
electric utility's purchase of receivables. The discounted
rate for purchase of uncollectible receivables shall be
included in the tariff filed pursuant to this subsection (e).
The electric utility retains the right to impose the same terms
on these retail customers with respect to credit and
collection, including requests for deposits, and retains the
right to disconnect these retail customers, if it does not
receive payment for its tariffed services or purchased
receivables, in the same manner that it would be permitted to
if the retail customers had purchased power and energy from the
electric utility. The tariff filed pursuant to this subsection
(e) shall permit the electric utility to recover from retail
customers any uncollectable receivables that may arise as a
result of the purchase of uncollectible receivables under this
subsection (e), may also include other just and reasonable
terms and conditions, and shall provide for the prudently
incurred costs associated with the provision of this service
pursuant to this subsection (e). Nothing in this subsection (e)
permits the double recovery of utility bad debt expenses from

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customers. The electric utility may file a joint tariff for
this subsection (e) and subsection (c) of this Section.
(f) Every alternative retail electric supplier or electric
utility other than the electric utility in whose service area
retail customers are located that issue single bills to the
retail customers for the services provided by such alternative
retail electric supplier or other electric utility and the
delivery services provided by the electric utility to such
customers shall include on the single bills issued to
residential customers the current utility supply charge that
would apply to the customer for the billing period if the
customer obtained supply from the utility, including all fixed
or monthly supply charges and other charges, credits, or rates
that are part of the electric supply price.
(g) Every electric utility that provides delivery and
supply services shall include on each bill to residential
customers who obtain supply from an alternative retail electric
supplier the electric utility's total supply charge that would
apply to the customer for the billing period if the customer
obtained supply from the utility, including all fixed or
monthly supply charges and other charges, credits, or rates
that are part of the electric supply price.
(Source: P.A. 95-700, eff. 11-9-07.)
(220 ILCS 5/19-115)
Sec. 19-115. Obligations of alternative gas suppliers.

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(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 shall:
(1) shall comply with the requirements imposed on
public utilities by Sections 8-201 through 8-207, 8-301,
8-505 and 8-507 of this Act, to the extent that these
Sections have application to the services being offered by
the alternative gas supplier;
(2) shall continue to comply with the requirements for
certification stated in Section 19-110;
(3) shall comply with complaint procedures established
by the Commission;
(4) except as provided in subsection (h) of this
Section, shall file with the Chief Clerk of the Commission,
within 20 business days after the effective date of this
amendatory Act of the 95th General Assembly, a copy of bill
formats, standard customer contract and customer complaint
and resolution procedures, and the name and telephone
number of the company representative whom Commission
employees may contact to resolve customer complaints and
other matters. In the case of a gas supplier that engages
in door-to-door solicitation, the company shall file with
the Commission the consumer information disclosure

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required by item (3) of subsection (c) of Section 2DDD of
the Consumer Fraud and Deceptive Business Practices Act and
shall file updated information within 10 business days
after changes in any of the documents or information
required to be filed by this item (4); and
(5) shall maintain a customer call center where
customers can reach a representative and receive current
information. At least once every 6 months, each alternative
gas supplier shall provide written information to
customers explaining how to contact the call center. The
average answer time for calls placed to the call center
shall not exceed 60 seconds where a representative or
automated system is ready to render assistance and/or
accept information to process calls. The abandon rate for
calls placed to the call center shall not exceed 10%. Each
alternative gas supplier shall maintain records of the call
center's telephone answer time performance and abandon
call rate. These records shall be kept for a minimum of 2
years and shall be made available to Commission personnel
upon request. In the event that answer times and/or abandon
rates exceed the limits established above, the reporting
alternative gas supplier may provide the Commission or its
personnel with explanatory details. At a minimum, these
records shall contain the following information in monthly
increments:
(A) total number of calls received;

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(B) number of calls answered;
(C) average answer time;
(D) number of abandoned calls; and
(E) abandon call rate; .
(6) on January 1, 2020, and every first day of each
quarter thereafter, shall submit to the Commission and the
Office of the Attorney General the rates the retail gas
supplier charged to residential customers in the prior
quarter, including each distinct rate charged and whether
the rate was a fixed or variable rate, the basis for the
variable rate, and any fees charged in addition to the
supply rate, including monthly fees, flat fees, or other
service charges;
(7) shall make publicly available on its website,
without the need for a customer login, rate information for
all of its variable, time-of-use, and fixed rate contracts
currently available to residential customers, including,
but not limited to, fixed monthly charges, early
termination charges, and per therm charges;
(8) no less than 30 days but no more than 60 days
before a residential customer's price per therm or other
charge changes, shall send a separate written notice by
United States Mail or electronic mail, as specified by the
residential customer, addressed to the residential
customer informing the residential customer of the
upcoming change in price or other charge; the changed price

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per therm or other charge shall be included in the notice
and shall not require the residential customer to visit or
log on to a website to obtain the change in price or other
charge; the telephone number and email address to contact
the supplier shall be included in the notice; and
(9) shall not automatically renew a contract with a
residential customer at a rate higher than the initial term
of the contract or automatically change or renew a fixed
rate contract to a variable rate contract. A residential
customer may agree to a contract renewal at a rate higher
than the initial term of the contract if the notice
requirements in paragraph (8) have been met and the
residential customer expressly consents to the contract
renewal in writing or by an electronic signature. A
residential customer may void a variable rate contract
unless the residential customer received a disclosure
showing the prior 12 months of charges under the variable
rate contract and the disclosures required by paragraph (1)
of subsection (g) before expressly consenting to the
contract renewal.
Alternative gas suppliers that do not have electronic
answering capability that meets these requirements shall
notify the Manager of the Commission's Consumer Services
Division or its successor within 30 days following the
effective date of this amendatory Act of the 95th General
Assembly and work with Staff to develop individualized

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reporting requirements as to the call volume and responsiveness
of the call center.
On or before March 1 of every year, each entity shall file
a report with the Chief Clerk of the Commission for the
preceding calendar year on its answer time and abandon call
rate for its call center. A copy of the report shall be sent to
the Manager of the Consumer Services Division or its successor.
(c) 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,
including price, 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.

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(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:

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(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

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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

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offered, including whether any early termination fees
apply.
Third-party verifiers may not market the alternative
gas supplier's services by providing additional
information. 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.
(3) The alternative gas supplier has obtained the
customer's authorization via an automated verification
system to change natural gas service via telephone. An
automated verification system is an electronic system
that, through pre-recorded prompts, elicits voice
responses, touchtone responses, or both, from the customer
and records both the prompts and the customer's responses.
Such authorization must elicit the information in
paragraph (2)(A) through (F) of this subsection (c).
Alternative gas suppliers electing to confirm sales
electronically through an automated verification system
shall establish one or more toll-free telephone numbers
exclusively for that purpose. Calls to the number or

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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

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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 (c) and any customer
information shall be protected in accordance with all
applicable statutes and regulations. 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 that 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

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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 (c).
Alternative gas suppliers must be in compliance with this
subsection (c) within 90 days after the effective date of this
amendatory Act of the 95th General Assembly.
(d) Complaints may be filed with the Commission under this
Section by a customer whose natural gas service has been
provided by an alternative gas supplier in a manner not in
compliance with subsection (c) of this Section. If, after
notice and hearing, the Commission finds that an alternative

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gas supplier has violated subsection (c), then the Commission
may in its discretion do any one or more of the following:
(1) Require the violating alternative gas supplier to
refund the customer charges collected in excess of those
that would have been charged by the customer's authorized
natural gas provider.
(2) Require the violating alternative gas supplier to
pay to the customer's authorized natural gas provider the
amount the authorized natural gas provider would have
collected for natural gas service. The Commission is
authorized to reduce this payment by any amount already
paid by the violating alternative gas supplier to the
customer's authorized natural gas provider.
(3) Require the violating alternative gas supplier to
pay a fine of up to $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
intentionally violating a cease and desist order, revoke
the violating alternative gas supplier's certificate of
service authority.
(e) No alternative gas supplier shall:
(1) enter into or employ any arrangements which have
the effect of preventing any customer from having access to
the services of the gas utility in whose service area the
customer is located;

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(2) charge customers for such access;
(3) bill for goods or services not authorized by the
customer; or
(4) bill for a disputed amount where the alternative
gas supplier has been provided notice of such dispute. The
supplier shall attempt to resolve a dispute with the
customer. When the dispute is not resolved to the
customer's satisfaction, the supplier shall inform the
customer of the right to file an informal complaint with
the Commission and provide contact information. While the
pending dispute is active at the Commission, an alternative
gas supplier may bill only for the undisputed amount until
the Commission has taken final action on the complaint.
(f) An alternative gas supplier that is certified to serve
residential or small commercial customers shall not:
(1) deny service to a customer or group of customers
nor establish any differences as to prices, terms,
conditions, services, products, facilities, or in any
other respect, whereby such denial or differences are based
upon race, gender, or income, except as provided in Section
19-116;
(2) deny service based on locality, nor establish any
unreasonable difference as to prices, terms, conditions,
services, products, or facilities as between localities;
(3) include in any agreement a provision that obligates
a customer to the terms of the agreement if the customer

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(i) moves outside the State of Illinois; (ii) moves to a
location without a transportation service program; or
(iii) moves to a location where the customer will not
require natural gas service, provided that nothing in this
subsection precludes an alternative gas supplier from
taking any action otherwise available to it to collect a
debt that arises out of service provided to the customer
before the customer moved; or
(4) assign the agreement to any alternative natural gas
supplier, unless:
(A) the supplier is an alternative gas supplier
certified by the Commission;
(B) the rates, terms, and conditions of the
agreement being assigned do not change during the
remainder of the time covered by the agreement;
(C) the customer is given no less than 30 days
prior written notice of the assignment and contact
information for the new supplier; and
(D) the supplier assigning the contract provides
contact information that a customer can use to resolve
a dispute.
(g) An alternative gas supplier shall comply with the
following requirements with respect to the marketing,
offering, and provision of products or services:
(1) All Any marketing materials, including electronic
marketing materials, in-person solicitations, and

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telephone solicitations, which make statements concerning
prices, terms, and conditions of service shall contain
information that adequately discloses the prices, terms
and conditions of the products or services and shall
contain the immediately preceding 12 months' current
utility gas supply charge as displayed on the Natural Gas
Choice website maintained by the Illinois Commerce
Commission and the suppliers' charges for the same 12-month
period for the contract rate offered to the customer. The
disclosure may group months during which the price to
compare was unchanged and may include more than 12 months
if the immediately preceding 12 months are included. All
marketing materials, including, but not limited to,
electronic marketing materials, in-person solicitations,
and telephone solicitations, that include a price per therm
for competitive gas supply shall include the following
statement: "(Name of alternative gas supplier) is not the
same entity as your gas utility delivery company. You are
not required to enroll with (name of alternative gas
supplier). For information on comparison rates for gas
supply and understanding your gas supply choices, go to the
Illinois Commerce Commission's free website at
www.icc.illinois.gov/ags/consumereducation.aspx.". This
paragraph (1) does not apply to goodwill or institutional
marketing.
(2) Before any customer is switched from another

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supplier, the alternative gas supplier shall give the
customer written information that clearly and
conspicuously discloses, in plain language, the prices,
terms, and conditions of the products and services being
offered and sold to the customer. Nothing in this paragraph
(2) may be read to relieve an alternative gas supplier from
the duties imposed on it by item (3) of subsection (c) of
Section 2DDD of the Consumer Fraud and Deceptive Business
Practices Act.
(3) The alternative gas supplier shall provide to the
customer:
(A) accurate, timely, and itemized billing
statements that describe the products and services
provided to the customer and their prices and that
specify the gas consumption amount and any service
charges and taxes; provided that this item (g)(3)(A)
does not apply to small commercial customers;
(B) billing statements that clearly and
conspicuously discloses the name and contact
information for the alternative gas supplier;
(C) an additional statement, at least annually,
that adequately discloses the average monthly prices,
and the terms and conditions, of the products and
services sold to the customer; provided that this item
(g)(3)(C) does not apply to small commercial
customers;

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(D) refunds of any deposits with interest within 30
days after the date that the customer changes gas
suppliers or discontinues service if the customer has
satisfied all of his or her outstanding financial
obligations to the alternative gas supplier at an
interest rate set by the Commission which shall be the
same as that required of gas utilities; and
(E) refunds, in a timely fashion, of all undisputed
overpayments upon the oral or written request of the
customer.
(4) An alternative gas supplier and its sales agents
shall refrain from any direct marketing or soliciting to
consumers on the gas utility's "Do Not Contact List", which
the alternative gas supplier shall obtain on the 15th
calendar day of the month from the gas utility in whose
service area the consumer is provided with gas service. If
the 15th calendar day is a non-business day, then the
alternative gas supplier shall obtain the list on the next
business day following the 15th calendar day of that month.
(5) Early Termination.
(A) Any agreement that contains an early
termination clause shall disclose the amount of the
early termination fee, provided that any early
termination fee or penalty shall not exceed $50 total,
regardless of whether or not the agreement is a
multiyear agreement.

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(B) 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.
(6) Within 2 business days after electronic receipt of
a customer switch from the alternative gas supplier and
confirmation of eligibility, the gas utility shall provide
the customer written notice confirming the switch. The gas
utility shall not switch the service until 10 business days
after the date on the notice to the customer.
(7) 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 all of the following:
(A) that the gas utility shall send a notice
confirming the switch;
(B) that from the date the utility issues the
notice confirming the switch, the customer shall have
10 business days to rescind the switch without penalty;

10100SB0651sam001 - 36 - LRB101 04244 RJF 57466 a
(C) that the customer shall contact the gas utility
or the alternative gas supplier to rescind the switch;
and
(D) the contact information for the gas utility.
The alternative gas supplier disclosure shall be
included in its sales solicitations, contracts, and all
applicable sales verification scripts.
(h) An alternative gas supplier may limit the overall size
or availability of a service offering by specifying one or more
of the following:
(1) a maximum number of customers and maximum amount of
gas load to be served;
(2) time period during which the offering will be
available; or
(3) other comparable limitation, but not including the
geographic locations of customers within the area which the
alternative gas supplier is certificated to serve.
The alternative gas supplier shall file the terms and
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(i) Nothing in this Section shall be construed as
preventing an alternative gas supplier that is an affiliate of,
or which contracts with, (i) an industry or trade organization
or association, (ii) a membership organization or association
that exists for a purpose other than the purchase of gas, or

10100SB0651sam001 - 37 - LRB101 04244 RJF 57466 a
(iii) another organization that meets criteria established in a
rule adopted by the Commission from offering through the
organization or association services at prices, terms and
conditions that are available solely to the members of the
organization or association.
(Source: P.A. 95-1051, eff. 4-10-09.)
(220 ILCS 5/19-116 new)
Sec. 19-116. Alternative gas supplier; utility assistance
recipient.
(a) An alternative gas supplier shall not submit or execute
a change in a customer's gas supplier if the confirmation
described in subsection (c) discloses that the utility's
records indicate that either: (1) the customer has been
verified by an approved agency within the preceding 12 months
as eligible to receive financial assistance from either the Low
Income Home Energy Assistance Program or the Percentage of
Income Payment Plan; or (2) the customer has received financial
assistance within the preceding 12 months from either the Low
Income Home Energy Assistance Program or the Percentage of
Income Payment Plan, unless the customer's change in gas
supplier is pursuant to a Commission-approved savings
guarantee plan as described in subsection (b).
(b) Beginning January 1, 2021, an alternative gas supplier
may apply to the Commission to offer a savings guarantee plan
to recipients of Low Income Home Energy Assistance Program

10100SB0651sam001 - 38 - LRB101 04244 RJF 57466 a
funding or Percentage of Income Payment Plan funding. The
Commission shall initiate a public, docketed proceeding to
consider whether or not to approve an alternative gas
supplier's application to offer a savings guarantee plan. At a
minimum, the savings guarantee plan shall charge customers for
gas supply an amount that is less than the amount the public
utility charges for gas supply. The Commission shall adopt
rules to implement this subsection.
(c) An agreement entered into between an alternative gas
supplier and a customer in violation of this Section is void
and unenforceable. Before the alternative gas supplier submits
or executes a change in a customer's supplier, other than a
change pursuant to a Commission-approved savings guarantee
plan as described in subsection (b), the alternative gas
supplier shall: (1) confirm with the customer whether the
customer is either eligible to receive or has received
financial assistance within the preceding 12 months from the
Low Income Home Energy Assistance Program or the Percentage of
Income Payment Plan; and (2) confirm with the utility whether
the utility's records indicate at the time of the request
whether the customer either (A) has been verified by an
approved agency as a customer who is eligible to receive
financial assistance within the preceding 12 months from either
the Low Income Home Energy Assistance Program or the Percentage
of Income Payment Plan, or (B) has received financial
assistance within the preceding 12 months from either the Low

10100SB0651sam001 - 39 - LRB101 04244 RJF 57466 a
Income Home Energy Assistance Program or the Percentage of
Income Payment Plan.
(220 ILCS 5/19-130)
Sec. 19-130. Commission study and report. The Commission's
Office of Retail Market Development shall prepare an annual
report regarding the development of competitive retail natural
gas markets in Illinois. The Office shall monitor existing
competitive conditions in Illinois, identify barriers to
retail competition for all customer classes, and actively
explore and propose to the Commission and to the General
Assembly solutions to overcome identified barriers. Solutions
proposed by the Office to promote retail competition must also
promote safe, reliable, and affordable natural gas service.
On or before October 1 of each year, beginning in 2015, the
Director shall submit a report to the Commission, the General
Assembly, and the Governor, that includes, at a minimum, the
following information:
(1) an analysis of the status and development of the
retail natural gas market in the State of Illinois; and
(2) a discussion of any identified barriers to the
development of competitive retail natural gas markets in
Illinois and proposed solutions to overcome identified
barriers; and
(3) any other information the Office considers
significant in assessing the development of natural gas

10100SB0651sam001 - 40 - LRB101 04244 RJF 57466 a
markets in the State of Illinois.
Beginning in 2021, the report shall include the information
submitted to the Commission pursuant to paragraph (6) of
subsection (b) of Section 19-115.
(Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
(220 ILCS 5/19-135)
Sec. 19-135. Single billing.
(a) It is the intent of the General Assembly that in any
service area where customers are able to choose their natural
gas supplier, a single billing option shall be offered to
customers for both the services provided by the alternative gas
supplier and the delivery services provided by the gas utility.
A gas utility shall file a tariff pursuant to Article IX of
this Act that allows alternative gas suppliers to issue single
bills to residential and small commercial customers for both
the services provided by the alternative gas supplier and the
delivery services provided by the gas utility to customers;
provided that if a form of single billing is being offered in a
gas utility's service area on the effective date of this
amendatory Act of the 92nd General Assembly, that form of
single billing shall remain in effect unless and until
otherwise ordered by the Commission. Every alternative gas
supplier that issues a single bill for delivery and supply
shall include on the single bill issued to a residential
customer the current utility supply charge that would apply to

10100SB0651sam001 - 41 - LRB101 04244 RJF 57466 a
the customer for the billing period if the customer obtained
supply from the utility, including all fixed or monthly supply
charges and other charges, credits, or rates that are part of
the gas supply price.
(b) Every gas utility that offers supply choice and
provides delivery and alternative gas supply service on a
single bill to its residential customers shall include on the
bill of each residential customer who purchases supply services
from an alternative gas supplier the gas utility's total supply
charge for the billing period that would apply to the customer
for the billing period if the customer obtained supply from the
utility, including all fixed or monthly supply charges and
other charges, credits, or rates that are part of the gas
supply price.
(Source: P.A. 92-852, eff. 8-26-02.)
(220 ILCS 5/20-110)
Sec. 20-110. Office of Retail Market Development. Within 90
days after the effective date of this amendatory Act of the
94th General Assembly, subject to appropriation, the
Commission shall establish an Office of Retail Market
Development and employ on its staff a Director of Retail Market
Development to oversee the Office. The Director shall have
authority to employ or otherwise retain at least 2
professionals dedicated to the task of actively seeking out
ways to promote retail competition in Illinois to benefit all

10100SB0651sam001 - 42 - LRB101 04244 RJF 57466 a
Illinois consumers.
The Office shall actively seek input from all interested
parties and shall develop a thorough understanding and critical
analyses of the tools and techniques used to promote retail
competition in other states.
The Office shall monitor existing competitive conditions
in Illinois, identify barriers to retail competition for all
customer classes, and actively explore and propose to the
Commission and to the General Assembly solutions to overcome
identified barriers. The Director may include municipal
aggregation of customers and creating and designing customer
choice programs as tools for retail market development.
Solutions proposed by the Office to promote retail competition
must also promote safe, reliable, and affordable electric
service.
On or before June 30 of each year, the Director shall
submit a report to the Commission, the General Assembly, and
the Governor, that details specific accomplishments achieved
by the Office in the prior 12 months in promoting retail
electric competition and that suggests administrative and
legislative action necessary to promote further improvements
in retail electric competition. On or before June 30, 2021, and
every year thereafter, the report shall include the information
submitted to the Commission pursuant to paragraph (iii) of
subsection (a) of Section 16-115A.
(Source: P.A. 94-1095, eff. 2-2-07.)

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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 Electric
service provider selection. An alternative retail electric
supplier electric service provider shall not submit or execute
a change in a subscriber's selection of a provider of electric
service unless and until (i) the alternative retail electric
supplier provider first discloses all material terms and
conditions of the offer to the subscriber; (ii) the alternative
retail electric supplier provider has obtained the
subscriber's express agreement to accept the offer after the
disclosure of all material terms and conditions of the offer;
and (iii) the alternative retail electric supplier meets the
requirements of Sections 16-115A and 16-115E of the Public
Utilities Act; and (iv) the alternative retail electric
supplier provider has confirmed the request for a change in
accordance with one of the following procedures:
(a) The new alternative retail electric supplier electric
service provider has obtained the subscriber's written or
electronically signed authorization in a form that meets the
following requirements:
(1) An alternative retail electric supplier electric

10100SB0651sam001 - 44 - LRB101 04244 RJF 57466 a
service provider shall obtain any necessary written or
electronically signed authorization from a subscriber 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 (a)(5) of
this Section) whose sole purpose is to authorize an
electric service provider change. The letter of agency must
be signed and dated by the subscriber 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 (a)(1) and (a)(2) of
this Section, the letter of agency may be combined with
checks that contain only the required letter of agency
language prescribed in subparagraph (a)(5) of this Section
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.

10100SB0651sam001 - 45 - LRB101 04244 RJF 57466 a
(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 subscriber'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 subscriber must be
clearly and conspicuously disclosed, in writing, and
an alternative retail electric supplier electric
service provider must directly establish the rates for
the service contracted for by the subscriber; and
(iv) That the subscriber understand that any
alternative retail electric supplier electric service
provider selection the subscriber chooses may involve
a charge to the subscriber for changing the
subscriber's electric service provider.
(6) Letters of agency shall not suggest or require that
a subscriber take some action in order to retain the
subscriber'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

10100SB0651sam001 - 46 - LRB101 04244 RJF 57466 a
subsection (b), the subscriber'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
subscriber; (ii) confirmation that the person on the call is
authorized 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

10100SB0651sam001 - 47 - LRB101 04244 RJF 57466 a
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.
(c) When a subscriber initiates the call to the prospective
electric supplier, in order to enroll the subscriber as a
customer, the prospective 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 subscriber;
(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

10100SB0651sam001 - 48 - LRB101 04244 RJF 57466 a
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.
(d) Complaints may be filed with the Illinois Commerce
Commission under this Section by a subscriber whose electric
service has been provided by an alternative retail electric
supplier electric service supplier in a manner not in
compliance with this Section. If, after notice and hearing, the
Commission finds that an alternative retail electric supplier
electric service provider 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 electric service provider to refund to the
subscriber charges collected in excess of those that would
have been charged by the subscriber's authorized electric
service provider.
(2) Require the violating alternative retail electric
supplier electric service provider to pay to the
subscriber's authorized electric supplier the amount the
authorized electric supplier would have collected for the
electric service. The Commission is authorized to reduce
this payment by any amount already paid by the violating
electric supplier to the subscriber's authorized provider

10100SB0651sam001 - 49 - LRB101 04244 RJF 57466 a
for electric service.
(3) Require the violating electric subscriber to pay a
fine of up to $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
intentionally violating a cease and desist order, revoke
the violating provider's certificate of service authority.
(d-5) A violation by an alternative retail electric
supplier of Section 16-115A or 16-115E of the Public Utilities
Act or the administrative rules adopted thereunder at 83 Ill.
Adm. Code Part 412 constitutes a violation of this Section.
(e) For purposes of this Section, "electric service
provider" shall have the meaning given that phrase in Section
6.5 of the Attorney General Act.
(f) For purposes of this Section, "alternative retail
electric supplier" has the meaning given to it in Section
16-102 of the Public Utilities Act.
(Source: P.A. 95-700, eff. 11-9-07.)
(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

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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. A violation by an alternative gas
supplier of Section 19-115 or 19-116 of the Public Utilities
Act or the rules adopted thereunder at 83 Ill. Adm. Code Part
551 also constitutes a violation of this Section.
(c) Solicitation.
(1) An alternative gas supplier 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.
(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;

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(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; and
(F) the amount of the early termination fee, if
any.
(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 their 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

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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 meets the
requirements of Sections 19-115 and 19-116 of the Public
Utilities Act; and (iv) 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

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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

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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. A
alternative gas supplier or alternative gas supplier's

10100SB0651sam001 - 55 - LRB101 04244 RJF 57466 a
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

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provide customers with an option to speak with a live
person at any time during the call.
(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 paragraph (2)(A) through (F) 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;

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(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

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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
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

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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 the
effective date of this amendatory Act of the 95th General
Assembly.
(e) Early Termination.
(1) Any agreement that contains an early termination
clause shall disclose the amount of the early termination
fee, provided that any early termination fee or penalty
shall not exceed $50 total, regardless of whether or not
the agreement is a multiyear agreement.
(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

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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.
(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.
(Source: P.A. 97-333, eff. 8-12-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".