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

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: ALTERNATIVE ELEC/GAS SUPPLIERS

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

Download: Illinois-2019-SB0651-Senate_Amendment_002.html

---

Sen. Kimberly A. Lightford

Filed: 4/29/2019

10100SB0651sam002 LRB101 04244 RJF 59909 a
AMENDMENT TO SENATE BILL 651
AMENDMENT NO. ______. Amend Senate Bill 651 by replacing
everything after the enacting clause with the following:
"Section 1. This Act may be referred to as the Home Energy
Affordability and Transparency (HEAT) Act.
Section 5. The Public Utilities Act is amended by changing
Sections 16-115A, 16-118, 16-123, 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

10100SB0651sam002 - 2 - LRB101 04244 RJF 59909 a
Sections have application to the services being offered by
the alternative retail electric supplier; and
(ii) shall continue to comply with the requirements for
certification stated in subsection (d) of Section 16-115.
(iii) beginning January 1, 2020 and every January 1
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
year, 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; and
(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 fees, and kilowatt-hour charges.
(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

10100SB0651sam002 - 3 - LRB101 04244 RJF 59909 a
customer is located, shall (i) enter into or employ any
arrangements which have the effect of preventing a retail
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,

10100SB0651sam002 - 4 - LRB101 04244 RJF 59909 a
offering and provision of products or services to residential
and small commercial retail customers:
(i) All Any marketing materials, including, but not
limited to, 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 disclose
the current utility electric supply price to compare
applicable at the time the alternative retail electric
supplier is offering or selling the products or services to
the customer and shall disclose the date on which the
utility electric supply price to compare became effective
and the date on which it will expire. The utility electric
supply price to compare shall be the sum of the electric
supply charge and the transmission services charge and
shall not include the purchased electricity adjustment.
All marketing materials, including, but not limited to,
electronic marketing materials, in-person solicitations,
and telephone solicitations, shall include 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

10100SB0651sam002 - 5 - LRB101 04244 RJF 59909 a
(name of alternative retail electric supplier). On
(effective date), the electric supply price to compare
is (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 that may range between +.5 cents and -
.5 cents per kilowatt hour. For more information go to
the Illinois Commerce Commission's free website at
www.pluginillinois.org.".
This paragraph (i) does not apply to goodwill or
institutional advertising.
(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. This written information shall be
provided in a language in which the customer subject to the
marketing or solicitation is able to understand and
communicate, and the alternative retail electric supplier
shall comply with Section 2N of the Consumer Fraud and
Deceptive Business Practices Act.
(iii) An alternative retail electric supplier shall
provide documentation to the Commission and to customers
that substantiates any claims made by the alternative

10100SB0651sam002 - 6 - LRB101 04244 RJF 59909 a
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.
(v) All solicitations shall be conducted in,
translated into, and provided in a language in which the
customer subject to the marketing or solicitation is able
to understand and communicate. An alternative retail
electric supplier shall not solicit an enrollment of or
enroll any customer if the alternative retail electric
supplier is unable to communicate and provide marketing
materials in a language in which the customer subject to
the marketing or solicitation is able to understand and
communicate.
(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

10100SB0651sam002 - 7 - LRB101 04244 RJF 59909 a
locations of customers within the area which the alternative
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) Beginning January 1, 2020, an alternative retail
electric supplier shall not knowingly submit an enrollment to
change a customer's electric supply service if the electric
utility's records indicate that the customer received
financial assistance in the last 12 months from either the Low

10100SB0651sam002 - 8 - LRB101 04244 RJF 59909 a
Income Home Energy Assistance Program or, at the time of
enrollment, is participating in the Percentage of Income
Payment Plan, unless: (1) the customer's change in electric
supply service is pursuant to a government aggregation program
adopted in accordance with Section 1-92 of the Illinois Power
Agency Act; or (2) the customer's change in electric supply
service is pursuant to a Commission-approved savings guarantee
plan as described in subsection (b).
(b) Beginning July 1, 2020, an alternative retail electric
supplier may apply to the Commission to offer a savings
guarantee plan to recipients of the Low Income Home Energy
Assistance Program 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 less than the amount
charged by the electric utility for electric supply. The
Commission shall adopt rules to implement this subsection (b).
(c) An agreement entered into between an alternative retail
electric supplier in violation of this Section is void and
unenforceable. Before the electric utility executes a change in
a customer's electric supplier, other than a change pursuant to
a government aggregation program adopted in accordance with
Section 1-92 of the Illinois Power Agency or pursuant to a
Commission-approved savings guarantee plan as described in

10100SB0651sam002 - 9 - LRB101 04244 RJF 59909 a
subsection (b), the electric utility shall confirm at the time
of the request whether its records indicate that the customer
received financial assistance within the preceding 12 months
from either the Low Income Home Energy Assistance Program or
the Percentage of Income Payment Plan and, if its records so
indicate, shall reject the change request. Absent willful or
wanton misconduct, no electric utility shall be held liable for
any error in acting or failing to act pursuant to this Section.
(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
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

10100SB0651sam002 - 10 - LRB101 04244 RJF 59909 a
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
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

10100SB0651sam002 - 11 - LRB101 04244 RJF 59909 a
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
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

10100SB0651sam002 - 12 - LRB101 04244 RJF 59909 a
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
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

10100SB0651sam002 - 13 - LRB101 04244 RJF 59909 a
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
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.

10100SB0651sam002 - 14 - LRB101 04244 RJF 59909 a
(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
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

10100SB0651sam002 - 15 - LRB101 04244 RJF 59909 a
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
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 issues single bills to the
retail customers for the services provided by the alternative
retail electric supplier or other electric utility to the
customers shall include on the single bills issued to
residential customers the current utility electric supply

10100SB0651sam002 - 16 - LRB101 04244 RJF 59909 a
price to compare that would apply to the customer for the
billing period if the customer obtained supply from the
utility. The current utility electric supply price shall be the
sum of the electric supply charge and the transmission services
charge and shall disclose that the price does not include the
monthly purchased electricity adjustment.
(g) Every electric utility that provides delivery and
supply services shall include on each bill issued to
residential customers who obtain supply from an alternative
retail electric supplier the current utility electric supply
price to compare that would apply to the customer for the
billing period if the customer obtained supply from the
utility. The current utility electric supply price to compare
shall be the sum of the electric supply charge and the
transmission services charge and shall disclose that the price
does not include the monthly purchased electricity adjustment.
(Source: P.A. 95-700, eff. 11-9-07.)
(220 ILCS 5/16-123)
Sec. 16-123. Establishment of customer information centers
for electric utilities and alternative retail electric
suppliers.
(a) All electric utilities and alternative retail electric
suppliers shall be required to maintain a customer call center
where customers can reach a representative and receive current
information. Customers shall periodically be notified on how to

10100SB0651sam002 - 17 - LRB101 04244 RJF 59909 a
reach the call center. The Commission shall have the authority
to establish reporting requirements for such centers.
(b) Notwithstanding anything to the contrary, an electric
utility may:
(1) disclose the current utility electric supply price
to a retail customer who takes electric power and energy
supply service from an alternative retail electric
supplier;
(2) disclose the supply price the customer is paying as
reflected on the customer's bill, if known;
(3) furnish to a retail customer a list of frequently
asked questions to be used by the retail customer in
evaluating electric power and energy supply rate offers by
alternative retail electric suppliers; this list may
include, but is not limited to, the following:
(A) length of the contract;
(B) the price per kilowatt hour, and whether the
contract price is fixed or variable, and if variable,
the circumstances under which the rate may change;
(C) whether penalties or early termination fees
apply if the customer terminates the contract before
the expiration of its term; and
(D) whether the customer may be subject to any
other adjustments, penalties, surcharges, or costs
beyond the electric power and energy supply rate;
(4) provide to a retail customer education information

10100SB0651sam002 - 18 - LRB101 04244 RJF 59909 a
published by the Office of Retail Market Development and
the Office of the Attorney General regarding the selection
and evaluation of electric power and energy supply rate
offers by alternative retail electric suppliers; and
(5) place a restriction on a retail customer's account,
at the customer's request, that prohibits any switching of
the customer's electric power and energy supply service to
an alternative retail electric supplier; the restriction
shall only be removed at the customer's express direction.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/19-115)
Sec. 19-115. Obligations 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 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;

10100SB0651sam002 - 19 - LRB101 04244 RJF 59909 a
(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
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

10100SB0651sam002 - 20 - LRB101 04244 RJF 59909 a
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;
(B) number of calls answered;
(C) average answer time;
(D) number of abandoned calls; and
(E) abandon call rate.
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
reporting requirements as to the call volume and
responsiveness of the call center.
On or before March 1 of every year, each entity shall

10100SB0651sam002 - 21 - LRB101 04244 RJF 59909 a
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; .
(6) beginning January 1, 2020 and every January 1
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; and
(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 fees, and per therm charges.
(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

10100SB0651sam002 - 22 - LRB101 04244 RJF 59909 a
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

10100SB0651sam002 - 23 - LRB101 04244 RJF 59909 a
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

10100SB0651sam002 - 24 - LRB101 04244 RJF 59909 a
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

10100SB0651sam002 - 25 - LRB101 04244 RJF 59909 a
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 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.

10100SB0651sam002 - 26 - LRB101 04244 RJF 59909 a
(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
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;

10100SB0651sam002 - 27 - LRB101 04244 RJF 59909 a
(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 (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:

10100SB0651sam002 - 28 - LRB101 04244 RJF 59909 a
(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
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.

10100SB0651sam002 - 29 - LRB101 04244 RJF 59909 a
(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
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.

10100SB0651sam002 - 30 - LRB101 04244 RJF 59909 a
(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;
(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.

10100SB0651sam002 - 31 - LRB101 04244 RJF 59909 a
(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
(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

10100SB0651sam002 - 32 - LRB101 04244 RJF 59909 a
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, but not
limited to, 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 and shall disclose the utility gas supply cost
rates per therm price to compare available from the
Illinois Commerce Commission website applicable at the
time the alternative retail gas supplier is offering or
selling the products or services to the customer. All
marketing materials, including, but not limited to,
electronic marketing materials, in-person solicitations,
and telephone solicitations, shall include the following
statement: .

10100SB0651sam002 - 33 - LRB101 04244 RJF 59909 a
"(Name of the alternative retail 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). 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.".
This paragraph (1) does not apply to goodwill or
institutional advertising.
(2) Before any customer is switched from another
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

10100SB0651sam002 - 34 - LRB101 04244 RJF 59909 a
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;
(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

10100SB0651sam002 - 35 - LRB101 04244 RJF 59909 a
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.
(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

10100SB0651sam002 - 36 - LRB101 04244 RJF 59909 a
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;
(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.
(8) All solicitations shall be conducted in,
translated into, and provided in a language in which the
customer subject to the marketing or solicitation is able
to understand and communicate. An alternative retail gas
supplier shall not solicit an enrollment of or enroll any
customer if the alternative gas supplier is unable to
communicate and provide marketing materials in a language

10100SB0651sam002 - 37 - LRB101 04244 RJF 59909 a
in which the customer subject to the marketing or
solicitation is able to understand and communicate.
(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
(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.

10100SB0651sam002 - 38 - LRB101 04244 RJF 59909 a
(Source: P.A. 95-1051, eff. 4-10-09.)
(220 ILCS 5/19-116 new)
Sec. 19-116. Alternative retail gas supplier utility
assistance recipient.
(a) Beginning January 1, 2020, an alternative retail gas
supplier shall not knowingly submit an enrollment to change a
customer's gas supply service if the gas utility's records
indicate that the customer received financial assistance in the
last 12 months from either the Low Income Home Energy
Assistance Program or, at the time of enrollment, is
participating in the Percentage of Income Payment Plan, unless:
(1) the customer's change in gas supply service is pursuant to
a government aggregation program adopted in accordance with
Section 1-92 of the Illinois Power Agency Act; or (2) the
customer's change in gas supply service is pursuant to a
Commission-approved savings guarantee plan as described in
subsection (b).
(b) Beginning July 1, 2020, an alternative retail gas
supplier may apply to the Commission to offer a savings
guarantee plan to recipients of the Low Income Home Energy
Assistance Program 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 gas supplier's application to offer a savings guarantee
plan. At a minimum, the savings guarantee plan shall charge

10100SB0651sam002 - 39 - LRB101 04244 RJF 59909 a
customers for gas supply at an amount that is less than the gas
utility supply rate. The Commission shall adopt rules to
implement this subsection (b).
(c) An agreement entered into between an alternative retail
gas supplier and a consumer who received financial assistance
in the last 12 months from the Low Income Home Energy
Assistance Program or at the time of enrollment is
participating in the Percentage of Income Payment Plan is void
and unenforceable. Before the gas utility executes a change in
a customer's supplier, other than a change pursuant to a
government aggregation program adopted in accordance with
Section 1-92 of the Illinois Power Agency or pursuant to a
Commission-approved savings guarantee plan as described in
subsection (b), the gas utility shall confirm at the time of
the request that its records do not indicate that the customer
received financial assistance within the preceding 12 months
from either the Low Income Home Energy Assistance Program or
the Percentage of Income Payment Plan and, if its records so
indicate, shall reject the change request. Absent willful or
wanton misconduct, no gas utility shall be held liable for any
error in acting or failing to act pursuant to this Section.
(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

10100SB0651sam002 - 40 - LRB101 04244 RJF 59909 a
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
markets in the State of Illinois.
Beginning in 2021, the report shall also 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)

10100SB0651sam002 - 41 - LRB101 04244 RJF 59909 a
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.
(b) 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 gas supply
cost rate per therm 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.
(c) Every gas utility that offers supply choice and
provides delivery and alternative gas supply service on a

10100SB0651sam002 - 42 - LRB101 04244 RJF 59909 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 total supply charge of the
gas utility 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
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

10100SB0651sam002 - 43 - LRB101 04244 RJF 59909 a
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.)
Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Sections 2EE and 2DDD as
follows:
(815 ILCS 505/2EE)

10100SB0651sam002 - 44 - LRB101 04244 RJF 59909 a
Sec. 2EE. Alternative retail electric supplier Electric
service provider selection.
(a) An alternative retail electric supplier electric
service provider shall not submit or execute a change in a
consumer's 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 consumer subscriber;
(ii) 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) 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

10100SB0651sam002 - 45 - LRB101 04244 RJF 59909 a
adjustment factor that may range between +.5 cents and -
.5 cents per kilowatt hour. For more information go to
the Illinois Commerce Commission's free website at
www.pluginillinois.org.";
(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: (ii) the 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 provider has confirmed the
request for a change in accordance with one of the
following procedures:
(A) (a) The new alternative retail electric
supplier electric service provider has obtained the
consumer's subscriber's written or electronically
signed authorization in a form that meets the following
requirements:
(1) An alternative retail electric supplier
electric service provider shall obtain any
necessary written or electronically signed
authorization from a consumer subscriber for a
change in electric service by using a letter of

10100SB0651sam002 - 46 - LRB101 04244 RJF 59909 a
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) (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 consumer 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 (1) (a)(1)
and (2) (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 (5) (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

10100SB0651sam002 - 47 - LRB101 04244 RJF 59909 a
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 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 consumer
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 consumer
subscriber; and
(iv) That the consumer subscriber
understand that any alternative retail
electric supplier electric service provider
selection the consumer subscriber chooses may
involve a charge to the consumer subscriber for
changing the consumer's subscriber's electric
service provider.

10100SB0651sam002 - 48 - LRB101 04244 RJF 59909 a
(6) Letters of agency shall not suggest or
require that a consumer subscriber take some
action in order to retain the consumer's
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) (b) An appropriately qualified independent
third party has obtained, in accordance with the
procedures set forth in this subsection (b), the
consumer's 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

10100SB0651sam002 - 49 - LRB101 04244 RJF 59909 a
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 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 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

10100SB0651sam002 - 50 - LRB101 04244 RJF 59909 a
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) (c) When a consumer subscriber initiates the
call to the prospective alternative retail electric
supplier electric supplier, in order to enroll the
consumer subscriber 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 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;

10100SB0651sam002 - 51 - LRB101 04244 RJF 59909 a
(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) An alternative retail electric supplier electric
service provider also shall not submit or execute a change in a
consumer's selection of a provider of electric service unless
it complies with the following requirements of this subsection
(b). It is a violation of this Section for an alternative
retail electric supplier to fail to comply with this subsection
(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 customer 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

10100SB0651sam002 - 52 - LRB101 04244 RJF 59909 a
electric power and energy service offers. An alternative
retail electric supplier that is an 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) During a solicitation, 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 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 by the
governmental body to make the statements.
(3) 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

10100SB0651sam002 - 53 - LRB101 04244 RJF 59909 a
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 supplier to the customer, 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 agent shall
leave the premises at the customer's, owner's, or
occupant's request. The alternative retail electric
supplier agent shall, during the sales presentation to the
customer, verbally disclose all material terms and
conditions of the offer. 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 customer at the
conclusion of the visit unless a customer refuses to accept
a copy. An alternative retail electric supplier agent may
provide the Uniform Disclosure Statement electronically
instead of in paper form to a customer upon that customer's
request. The alternative retail electric supplier shall
also offer, at the time of the initiation of the
solicitation, a business card or other material that lists

10100SB0651sam002 - 54 - LRB101 04244 RJF 59909 a
the agent's name, identification number and title, and the
alternative retail electric suppliers' name and contact
information, including telephone number. The alternative
retail electric supplier shall not conduct any in-person
solicitations 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 agent 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
customers in the dwelling without separate consent.
(4) An alternative retail electric supplier who
contacts customers by telephone for the purpose of selling
electric power and energy service shall provide the agent's
name and identification number. An alternative retail
electric supplier agent shall, during the sales
presentation to the customer, disclose all material terms
and conditions of the offer unless the sales presentation
is terminated by the customer before the disclosures are
completed. Any telemarketing solicitations that lead to a
telephone enrollment must be recorded and retained for a
minimum of 2 years. All telemarketing calls that do not
lead to a telephone enrollment, but last at least 2
minutes, shall be recorded and retained for a minimum of 6

10100SB0651sam002 - 55 - LRB101 04244 RJF 59909 a
months.
(5) 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. An alternative retail electric
supplier shall not state or otherwise imply that he or she
is 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 by the governmental body to make the
statements. The alternative retail electric supplier shall
verbally disclose all material terms and conditions of the
offer. 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.
(6) If an alternative retail electric supplier
contacts customers for enrollment for electric power and

10100SB0651sam002 - 56 - LRB101 04244 RJF 59909 a
energy service by direct mail, the direct mail material
shall include all material terms and conditions of the
products or services offered. Statements in direct mail
material shall not claim that the alternative retail
electric supplier represents, is endorsed by, or is acting
on behalf of a utility or a utility program, a consumer
group or program, or a governmental body or program, 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. If a direct mail solicitation 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
customer's enrollment, the written letter of agency shall
comply with this Section. A copy of the contract must be
sent to the customer within 3 business days after the
electric utility's confirmation to the alternative retail
electric supplier of an accepted enrollment.
(7) Each alternative retail electric supplier offering
electric power and energy service to customers online shall
clearly and conspicuously make all disclosures for any
services offered through online enrollment before

10100SB0651sam002 - 57 - LRB101 04244 RJF 59909 a
requiring the customer to enter any personal information
other than zip code, electric utility service territory, or
type of service sought. Alternative retail electric
suppliers' marketing material shall not make any
statements that it is a representative of, endorsed by, or
acting on behalf of, a utility or a utility program, a
consumer group or a program run by a consumer group, a
governmental body or a program run by 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. The Uniform
Disclosure Statement must be printable in a portable
document format (PDF) and shall be available
electronically to the customer. 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 customer should review the contract or contact the
current supplier to learn if any early termination fees are
applicable; and (iv) an e-mail address and toll-free phone
number of the alternative retail electric supplier where
the customer can express a decision to rescind the
contract.

10100SB0651sam002 - 58 - LRB101 04244 RJF 59909 a
(8) If an alternative retail electric supplier seeks to
renew a customer's contract, then at least 30 days, but no
more than 60 days, before the end of the current contract
term the alternative retail electric supplier shall
provide to the customer a written notice that includes a
side-by-side comparison of the rate the customer is being
charged pursuant to the current contract and the rate the
customer would be charged pursuant to the renewed contract.
An alternative retail electric supplier shall not
automatically renew a customer's enrollment after the
current term of the contract expires if the customer does
not expressly consent to the contract renewal in writing or
by electronic signature at least 30 days, but no more than
60 days, before the current contract term expires and (i)
the rate the customer would be charged pursuant to the
renewed contract is greater than the rate of the current
contract, or (ii) the current contract provides that the
customer will be charged a fixed rate and the renewed
contract provides the customer will be charged a variable
rate.
(9) All solicitations shall be conducted in,
translated into, and provided in a language in which the
customer subject to the marketing or solicitation is able
to understand and communicate. An alternative retail
electric supplier shall not solicit an enrollment of or
enroll any customer if the alternative retail electric

10100SB0651sam002 - 59 - LRB101 04244 RJF 59909 a
supplier is unable to communicate and provide marketing
materials in a language in which the customer subject to
the marketing or solicitation is able to understand and
communicate and shall comply with Section 2N of this Act.
(10) Customers on a month-to-month variable rate or
time-of-use product shall have the right to terminate their
contract with the alternative retail electric supplier at
any time without any termination fee.
(11) 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.
(c) (d) Complaints may be filed with the Illinois Commerce
Commission under this Section by a consumer 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
consumer subscriber charges collected in excess of those
that would have been charged by the consumer's subscriber's
authorized electric service provider.

10100SB0651sam002 - 60 - LRB101 04244 RJF 59909 a
(2) Require the violating alternative retail electric
supplier electric service provider to pay to the consumer's
subscriber's authorized electric service provider supplier
the amount the authorized electric service provider
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
alternative retail electric supplier electric supplier to
the consumer's subscriber's authorized provider for
electric service.
(3) Require the violating alternative retail electric
supplier 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 alternative retail electric supplier's
provider's certificate of service authority.
(d) (e) For purposes of this Section:
"Electric" , "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.

10100SB0651sam002 - 61 - LRB101 04244 RJF 59909 a
(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
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
retail gas supplier is soliciting on behalf of or is an
agent of a utility. An alternative retail 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 electric power
and energy service offers and shall not misrepresent the
affiliation of any alternative supplier with the gas
utility, governmental bodies, or consumer groups.

10100SB0651sam002 - 62 - LRB101 04244 RJF 59909 a
(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 retail 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 solicitations shall be conducted in,
translated into, and provided in a language in which the
customer subject to the marketing or solicitation is able
to understand and communicate. An alternative retail
electric supplier shall not solicit an enrollment of or
enroll any customer if the alternative retail electric
supplier is unable to communicate and provide marketing
materials in a language in which the customer subject to
the marketing or solicitation is able to understand and
communicate and 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

10100SB0651sam002 - 63 - LRB101 04244 RJF 59909 a
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; and
(F) the amount of the early termination fee, if
any; and .
(G) the utility gas supply cost rates per therm
price to compare available from the Illinois Commerce
Commission website applicable at the time the
alternative retail gas supplier is offering or selling
the products or services to the customer and shall
disclose the following statement:
"(Name of the alternative retail 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). On (effective date), the utility
gas supply cost rate per therm is (cost). The utility

10100SB0651sam002 - 64 - LRB101 04244 RJF 59909 a
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 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
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

10100SB0651sam002 - 65 - LRB101 04244 RJF 59909 a
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

10100SB0651sam002 - 66 - LRB101 04244 RJF 59909 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.

10100SB0651sam002 - 67 - LRB101 04244 RJF 59909 a
(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
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

10100SB0651sam002 - 68 - LRB101 04244 RJF 59909 a
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 retail gas supplier must be in
a location where he or she cannot hear the customer while
the third-party verification is conducted. The alternative
retail gas supplier shall not contact the customer after
the third-party verification for a period of 24 hours

10100SB0651sam002 - 69 - LRB101 04244 RJF 59909 a
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 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;
(D) the names of the providers affected by the

10100SB0651sam002 - 70 - LRB101 04244 RJF 59909 a
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.

10100SB0651sam002 - 71 - LRB101 04244 RJF 59909 a
(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
for in paragraph (2) of this subsection (d).

10100SB0651sam002 - 72 - LRB101 04244 RJF 59909 a
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. Customers on a
month-to-month variable rate or time-of-use product shall
have the right to terminate their contract with the
alternative retail gas supplier at any time without any
termination fee.
(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

10100SB0651sam002 - 73 - LRB101 04244 RJF 59909 a
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) An alternative retail gas supplier must also comply
with the following requirements of this subsection (f-5). It is
a violation of this Section for an alternative retail electric
supplier to fail to comply with this subsection (f-5).
(1) If an alternative retail gas supplier seeks to
renew a customer's contract, then at least 30 days, but no
more than 60 days, before the end of the current contract
term the alternative retail gas supplier shall provide to
the customer a written notice that includes a side-by-side
comparison of the rate the customer is being charged
pursuant to the current contract and the rate the customer

10100SB0651sam002 - 74 - LRB101 04244 RJF 59909 a
would be charged pursuant to the renewed contract. An
alternative retail gas supplier shall not automatically
renew a customer's enrollment after the current term of the
contract expires if the customer does not expressly consent
to the contract renewal in writing or by electronic
signature at least 30 days, but no more than 60 days,
before the current contract term expires and (i) the rate
the customer would be charged pursuant to the renewed
contract is greater than the rate of the current contract,
or (ii) the current contract provides that the customer
will be charged a fixed rate and the renewed contract
provides the customer will be charged a variable rate.
(2) An alternative retail electric gas 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.
(Source: P.A. 97-333, eff. 8-12-11.)".