Bill Text: IL SB0651 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with additions and changes. Adds provisions concerning certification of alternative retail electric suppliers and alternative gas suppliers, and provides additional requirements for the granting of a certificate of service authority. Makes changes in provisions concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides additional oversight requirements by the Illinois Commerce Commission of alternative retail electric suppliers and alternative gas suppliers. Makes changes in provisions concerning financial assistance recipients. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and services. Makes other changes.
Spectrum: Moderate Partisan Bill (Democrat 71-9)
Status: (Passed) 2019-08-27 - Public Act . . . . . . . . . 101-0590 [SB0651 Detail]
Download: Illinois-2019-SB0651-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill with additions and changes. Adds provisions concerning certification of alternative retail electric suppliers and alternative gas suppliers, and provides additional requirements for the granting of a certificate of service authority. Makes changes in provisions concerning the obligations of alternative retail electric suppliers and alternative gas suppliers. Provides additional oversight requirements by the Illinois Commerce Commission of alternative retail electric suppliers and alternative gas suppliers. Makes changes in provisions concerning financial assistance recipients. Provides additional requirements concerning alternative retail electric supplier and alternative gas supplier selection and services. Makes other changes.
Spectrum: Moderate Partisan Bill (Democrat 71-9)
Status: (Passed) 2019-08-27 - Public Act . . . . . . . . . 101-0590 [SB0651 Detail]
Download: Illinois-2019-SB0651-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Home Energy | ||||||
5 | Affordability and Transparency (HEAT) Act.
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6 | Section 5. The Public Utilities Act is amended by changing | ||||||
7 | Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 16-123, | ||||||
8 | 19-110, 19-115, 19-120, 19-130, 19-135, and 20-110 and by | ||||||
9 | adding Sections 16-115E and 19-116 as follows:
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10 | (220 ILCS 5/16-115)
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11 | Sec. 16-115. Certification of alternative retail
electric | ||||||
12 | suppliers. | ||||||
13 | (a) Any alternative retail electric supplier must obtain
a | ||||||
14 | certificate of service authority from the Commission in
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15 | accordance with this Section before serving any retail
customer | ||||||
16 | or other user located in this State. An alternative
retail | ||||||
17 | electric supplier may request, and the Commission may
grant, a | ||||||
18 | certificate of service authority for the entire State
or for a | ||||||
19 | specified geographic area of the State.
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20 | (b) An alternative retail electric supplier seeking a
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21 | certificate of service authority shall file with the
Commission | ||||||
22 | a verified application containing information
showing that the |
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1 | applicant meets the requirements of this
Section. The | ||||||
2 | alternative retail electric supplier shall
publish notice of | ||||||
3 | its application in the official State
newspaper within 10 days | ||||||
4 | following the date of its filing. No
later than 45 days after | ||||||
5 | the application is properly filed
with the Commission, and such | ||||||
6 | notice is published, the
Commission shall issue its order | ||||||
7 | granting or denying the
application.
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8 | (c) An application for a certificate of service
authority | ||||||
9 | shall identify the area or areas in which the
applicant intends | ||||||
10 | to offer service and the types of services
it intends to offer. | ||||||
11 | Applicants that seek to serve
residential or small commercial | ||||||
12 | retail customers within a
geographic area that is smaller than | ||||||
13 | an electric utility's
service area shall submit evidence | ||||||
14 | demonstrating that the
designation of this smaller area does | ||||||
15 | not violate Section 16-115A. An applicant
that seeks to serve | ||||||
16 | residential or small
commercial retail customers may state in | ||||||
17 | its application for
certification any limitations that will be | ||||||
18 | imposed on the
number of customers or maximum load to be | ||||||
19 | served.
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20 | (d) The Commission shall grant the application for a
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21 | certificate of service authority if it makes the findings set
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22 | forth in this subsection
based on the verified
application and | ||||||
23 | such other information as the applicant may
submit:
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24 | (1) That the applicant possesses sufficient
technical, | ||||||
25 | financial and managerial resources and
abilities to | ||||||
26 | provide the service for which it seeks a
certificate of |
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1 | service authority. In determining the
level of technical, | ||||||
2 | financial and managerial resources
and abilities which the | ||||||
3 | applicant must demonstrate, the
Commission shall consider | ||||||
4 | (i) the characteristics,
including the size and financial | ||||||
5 | sophistication, of the
customers that the applicant seeks | ||||||
6 | to serve, and (ii)
whether the applicant seeks to provide | ||||||
7 | electric power and
energy using property, plant and | ||||||
8 | equipment which it owns,
controls or operates;
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9 | (2) That the applicant will comply with all
applicable | ||||||
10 | federal, State, regional and industry rules,
policies, | ||||||
11 | practices and procedures for the use,
operation, and | ||||||
12 | maintenance of the safety, integrity and
reliability, of | ||||||
13 | the interconnected electric transmission
system;
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14 | (3) That the applicant will only provide service to
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15 | retail customers in an electric utility's service area
that | ||||||
16 | are eligible to take delivery services under this
Act;
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17 | (4) That the applicant will comply with such
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18 | informational or reporting requirements as the Commission
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19 | may by rule establish and provide the information required | ||||||
20 | by Section 16-112.
Any data related to
contracts for the | ||||||
21 | purchase and sale of electric power and
energy shall be | ||||||
22 | made available for review by the Staff of
the Commission on | ||||||
23 | a confidential and proprietary basis
and only to the extent | ||||||
24 | and for the purposes which the
Commission determines are | ||||||
25 | reasonably necessary in order
to carry out the purposes of | ||||||
26 | this Act;
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1 | (5) That the applicant will procure renewable energy | ||||||
2 | resources in accordance with Section 16-115D of this Act, | ||||||
3 | and will source electricity from clean coal facilities, as | ||||||
4 | defined in Section 1-10 of the Illinois Power Agency Act, | ||||||
5 | in amounts at least equal to the percentages set forth in | ||||||
6 | subsections (c) and (d) of Section 1-75 of the Illinois | ||||||
7 | Power Agency Act. For purposes of this Section:
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8 | (i) (Blank); | ||||||
9 | (ii) (Blank); | ||||||
10 | (iii) the required sourcing of electricity | ||||||
11 | generated by clean coal facilities, other than the | ||||||
12 | initial clean coal facility, shall be limited to the | ||||||
13 | amount of electricity that can be procured or sourced | ||||||
14 | at a price at or below the benchmarks approved by the | ||||||
15 | Commission each year in accordance with item (1) of | ||||||
16 | subsection (c) and items (1) and (5) of subsection (d) | ||||||
17 | of Section 1-75 of the Illinois Power Agency Act; | ||||||
18 | (iv) all alternative retail electric suppliers | ||||||
19 | shall execute a sourcing agreement to source | ||||||
20 | electricity from the initial clean coal facility, on | ||||||
21 | the terms set forth in paragraphs (3) and (4) of | ||||||
22 | subsection (d) of Section 1-75 of the Illinois Power | ||||||
23 | Agency Act, except that in lieu of the requirements in | ||||||
24 | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of | ||||||
25 | paragraph (3) of that subsection (d), the applicant | ||||||
26 | shall execute one or more of the following: |
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1 | (1) if the sourcing agreement is a power | ||||||
2 | purchase agreement, a contract with the initial | ||||||
3 | clean coal facility to purchase in each hour an | ||||||
4 | amount of electricity equal to all clean coal | ||||||
5 | energy made available from the initial clean coal | ||||||
6 | facility during such hour, which the utilities are | ||||||
7 | not required to procure under the terms of | ||||||
8 | subsection (d) of Section 1-75 of the Illinois | ||||||
9 | Power Agency Act, multiplied by a fraction, the | ||||||
10 | numerator of which is the alternative retail | ||||||
11 | electric supplier's retail market sales of | ||||||
12 | electricity (expressed in kilowatthours sold) in | ||||||
13 | the State during the prior calendar month and the | ||||||
14 | denominator of which is the total sales of | ||||||
15 | electricity (expressed in kilowatthours sold) in | ||||||
16 | the State by alternative retail electric suppliers | ||||||
17 | during such prior month that are subject to the | ||||||
18 | requirements of this paragraph (5) of subsection | ||||||
19 | (d) of this Section and subsection (d) of Section | ||||||
20 | 1-75 of the Illinois Power Agency Act plus the | ||||||
21 | total sales of electricity (expressed in | ||||||
22 | kilowatthours sold) by utilities outside of their | ||||||
23 | service areas during such prior month, pursuant to | ||||||
24 | subsection (c) of Section 16-116 of this Act; or | ||||||
25 | (2) if the sourcing agreement is a contract for | ||||||
26 | differences, a contract with the initial clean |
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1 | coal facility in each hour with respect to an | ||||||
2 | amount of electricity equal to all clean coal | ||||||
3 | energy made available from the initial clean coal | ||||||
4 | facility during such hour, which the utilities are | ||||||
5 | not required to procure under the terms of | ||||||
6 | subsection (d) of Section 1-75 of the Illinois | ||||||
7 | Power Agency Act, multiplied by a fraction, the | ||||||
8 | numerator of which is the alternative retail | ||||||
9 | electric supplier's retail market sales of | ||||||
10 | electricity (expressed in kilowatthours sold) in | ||||||
11 | the State during the prior calendar month and the | ||||||
12 | denominator of which is the total sales of | ||||||
13 | electricity (expressed in kilowatthours sold) in | ||||||
14 | the State by alternative retail electric suppliers | ||||||
15 | during such prior month that are subject to the | ||||||
16 | requirements of this paragraph (5) of subsection | ||||||
17 | (d) of this Section and subsection (d) of Section | ||||||
18 | 1-75 of the Illinois Power Agency Act plus the | ||||||
19 | total sales of electricity (expressed in | ||||||
20 | kilowatthours sold) by utilities outside of their | ||||||
21 | service areas during such prior month, pursuant to | ||||||
22 | subsection (c) of Section 16-116 of this Act; | ||||||
23 | (v) if, in any year after the first year of | ||||||
24 | commercial operation, the owner of the clean coal | ||||||
25 | facility fails to demonstrate to the Commission that | ||||||
26 | the initial clean coal facility captured and |
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1 | sequestered at least 50% of the total carbon emissions | ||||||
2 | that the facility would otherwise emit or that | ||||||
3 | sequestration of emissions from prior years has | ||||||
4 | failed, resulting in the release of carbon into the | ||||||
5 | atmosphere, the owner of the facility must offset | ||||||
6 | excess emissions. Any such carbon offsets must be | ||||||
7 | permanent, additional, verifiable, real, located | ||||||
8 | within the State of Illinois, and legally and | ||||||
9 | practicably enforceable. The costs of any such offsets | ||||||
10 | that are not recoverable shall not exceed $15 million | ||||||
11 | in any given year. No costs of any such purchases of | ||||||
12 | carbon offsets may be recovered from an alternative | ||||||
13 | retail electric supplier or its customers. All carbon | ||||||
14 | offsets purchased for this purpose and any carbon | ||||||
15 | emission credits associated with sequestration of | ||||||
16 | carbon from the facility must be permanently retired. | ||||||
17 | The initial clean coal facility shall not forfeit its | ||||||
18 | designation as a clean coal facility if the facility | ||||||
19 | fails to fully comply with the applicable carbon | ||||||
20 | sequestration requirements in any given year, provided | ||||||
21 | the requisite offsets are purchased. However, the | ||||||
22 | Attorney General, on behalf of the People of the State | ||||||
23 | of Illinois, may specifically enforce the facility's | ||||||
24 | sequestration requirement and the other terms of this | ||||||
25 | contract provision. Compliance with the sequestration | ||||||
26 | requirements and offset purchase requirements that |
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1 | apply to the initial clean coal facility shall be | ||||||
2 | reviewed annually by an independent expert retained by | ||||||
3 | the owner of the initial clean coal facility, with the | ||||||
4 | advance written approval of the Attorney General; | ||||||
5 | (vi) The Commission shall, after notice and | ||||||
6 | hearing, revoke the certification of any alternative | ||||||
7 | retail electric supplier that fails to execute a | ||||||
8 | sourcing agreement with the initial clean coal | ||||||
9 | facility as required by item (5) of subsection (d) of | ||||||
10 | this Section. The sourcing agreements with this | ||||||
11 | initial clean coal facility shall be subject to both | ||||||
12 | approval of the initial clean coal facility by the | ||||||
13 | General Assembly and satisfaction of the requirements | ||||||
14 | of item (4) of subsection (d) of Section 1-75 of the | ||||||
15 | Illinois Power Agency Act, and shall be executed within | ||||||
16 | 90 days after any such approval by the General | ||||||
17 | Assembly. The Commission shall not accept an | ||||||
18 | application for certification from an alternative | ||||||
19 | retail electric supplier that has lost certification | ||||||
20 | under this subsection (d), or any corporate affiliate | ||||||
21 | thereof, for at least one year from the date of | ||||||
22 | revocation; | ||||||
23 | (6) With respect to an applicant that seeks to serve
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24 | residential or small commercial retail customers, that
the | ||||||
25 | area to be served by the applicant and any
limitations it | ||||||
26 | proposes on the number of customers or
maximum amount of |
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1 | load to be served meet the provisions
of Section 16-115A, | ||||||
2 | provided, that the Commission can
extend the time for | ||||||
3 | considering such a certificate
request by up to 90 days, | ||||||
4 | and can schedule hearings on
such a request;
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5 | (7) That the applicant meets the requirements of | ||||||
6 | subsection (a) of Section
16-128; and
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7 | (8) That the applicant discloses whether the applicant | ||||||
8 | is the subject of any lawsuit filed in a court of law or | ||||||
9 | formal complaint filed with a regulatory agency alleging | ||||||
10 | fraud, deception, or unfair marketing practices or other | ||||||
11 | similar allegations and, if the applicant is the subject of | ||||||
12 | such lawsuit or formal complaint, the applicant shall | ||||||
13 | identify the name, case number, and jurisdiction of each | ||||||
14 | lawsuit or complaint. For the purpose of this item (8), | ||||||
15 | "formal complaint" includes only those complaints that | ||||||
16 | seek a binding determination from a State or federal | ||||||
17 | regulatory body; | ||||||
18 | (9) That the applicant shall continue to comply with | ||||||
19 | requirements for certification stated in this Section; | ||||||
20 | (10) That the applicant shall execute and maintain a | ||||||
21 | license or permit bond issued by a qualifying surety or | ||||||
22 | insurance company authorized to transact business in the | ||||||
23 | State of Illinois in favor of the People of the State of | ||||||
24 | Illinois. The amount of the bond shall equal $30,000 if the | ||||||
25 | applicant seeks to serve only nonresidential retail | ||||||
26 | customers with maximum electrical demands of one megawatt |
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1 | or more, $150,000 if the applicant seeks to serve only | ||||||
2 | non-residential retail customers with annual electrical | ||||||
3 | consumption greater than 15,000 kWh, or $500,000 if the | ||||||
4 | applicant seeks to serve all eligible customers. | ||||||
5 | Applicants shall be required to submit an additional | ||||||
6 | $500,000 bond if the applicant intends to market to | ||||||
7 | residential customers using in-person solicitations. The | ||||||
8 | bond shall be conditioned upon the full and faithful | ||||||
9 | performance of all duties and obligations of the applicant | ||||||
10 | as an alternative retail electric supplier and shall be | ||||||
11 | valid for a period of not less than one year. The cost of | ||||||
12 | the bond shall be paid by the applicant. The applicant | ||||||
13 | shall file a copy of this bond, with a notarized | ||||||
14 | verification page from the issuer, as part of its | ||||||
15 | application for certification under 83 Ill. Adm. Code 451; | ||||||
16 | and | ||||||
17 | (11) (8) That the applicant will comply with all other
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18 | applicable laws and regulations.
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19 | (d-3) The Commission may deny with prejudice an application | ||||||
20 | in which the applicant fails to provide the Commission with | ||||||
21 | information sufficient for the Commission to grant the | ||||||
22 | application. | ||||||
23 | (d-5) (Blank). | ||||||
24 | (e) A retail customer that owns a cogeneration or | ||||||
25 | self-generation facility
and that seeks certification only to
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26 | provide electric power and energy from such facility to
retail |
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1 | customers at separate locations which customers are
both (i) | ||||||
2 | owned by, or a subsidiary or other corporate
affiliate of, such | ||||||
3 | applicant and
(ii) eligible for delivery services, shall be | ||||||
4 | granted a
certificate of service authority upon filing an | ||||||
5 | application
and notifying the Commission that it has entered | ||||||
6 | into an
agreement with the relevant electric utilities pursuant | ||||||
7 | to
Section 16-118.
Provided, however, that if the retail | ||||||
8 | customer owning such cogeneration or
self-generation facility | ||||||
9 | would not be charged a transition charge due to the
exemption | ||||||
10 | provided under subsection (f) of Section 16-108 prior to the
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11 | certification, and the retail customers at separate locations | ||||||
12 | are taking
delivery services in conjunction with purchasing | ||||||
13 | power and energy from the
facility, the retail customer on | ||||||
14 | whose premises the facility is located shall
not thereafter be | ||||||
15 | required to pay transition charges on the power and energy
that | ||||||
16 | such retail customer takes from the facility.
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17 | (f) The Commission shall have the authority to
promulgate | ||||||
18 | rules and regulations to carry out the provisions
of this | ||||||
19 | Section. On or before May 1, 1999, the Commission
shall adopt a | ||||||
20 | rule or rules applicable to the certification of
those | ||||||
21 | alternative retail electric suppliers that seek to serve
only | ||||||
22 | nonresidential retail customers with maximum electrical
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23 | demands of one megawatt or more which shall provide for (i)
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24 | expedited and streamlined procedures
for certification of such | ||||||
25 | alternative
retail electric suppliers and (ii) specific | ||||||
26 | criteria which,
if met by any such alternative retail electric |
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1 | supplier, shall
constitute the demonstration of technical, | ||||||
2 | financial and
managerial resources and abilities to provide | ||||||
3 | service required
by subsection (d) (1) of this Section, such as | ||||||
4 | a requirement
to post a bond or letter of credit, from a | ||||||
5 | responsible surety
or financial institution, of sufficient | ||||||
6 | size for the nature
and scope of the services to be provided; | ||||||
7 | demonstration of
adequate insurance for the scope and nature of | ||||||
8 | the services to
be provided; and experience in providing | ||||||
9 | similar services in
other jurisdictions.
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10 | (g) An alternative retail electric supplier may seek | ||||||
11 | confidential treatment for the following information by filing | ||||||
12 | an affidavit with the Commission so long as the affidavit meets | ||||||
13 | the requirements in this subsection (g): | ||||||
14 | (1) the total annual kilowatt-hours delivered and sold | ||||||
15 | by an alternative retail electric supplier to retail | ||||||
16 | customers within each utility service territory and the | ||||||
17 | total annual kilowatt-hours delivered and sold by an | ||||||
18 | alternative retail electric supplier to retail customers | ||||||
19 | in all utility service territories in the preceding | ||||||
20 | calendar year as required by 83 Ill. Adm. Code 451.770; | ||||||
21 | (2) the total peak demand supplied by an alternative | ||||||
22 | retail electric supplier during the previous year in each | ||||||
23 | utility service territory as required by 83 Ill. Adm. Code | ||||||
24 | 465.40; | ||||||
25 | (3) a good faith estimate of the amount an alternative | ||||||
26 | retail electric supplier expects to be obliged to pay the |
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1 | utility under single billing tariffs during the next 12 | ||||||
2 | months and the amount of any bond or letter of credit used | ||||||
3 | to demonstrate an alternative retail electric supplier's | ||||||
4 | credit worthiness to provide single billing services | ||||||
5 | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). | ||||||
6 | The affidavit must be filed contemporaneously with the | ||||||
7 | information for which confidential treatment is sought and must | ||||||
8 | clearly state that the affiant seeks confidential treatment | ||||||
9 | pursuant to this subsection (g) and the information for which | ||||||
10 | confidential treatment is sought must be clearly identified on | ||||||
11 | the confidential version of the document filed with the | ||||||
12 | Commission. The affidavit must be accompanied by a | ||||||
13 | "confidential" and a "public" version of the document or | ||||||
14 | documents containing the information for which confidential | ||||||
15 | treatment is sought. | ||||||
16 | If the alternative retail electric supplier has met the | ||||||
17 | affidavit requirements of this subsection (g), then the | ||||||
18 | Commission shall afford confidential treatment to the | ||||||
19 | information identified in the affidavit for a period of 2 years | ||||||
20 | after the date the affidavit is received by the Commission. | ||||||
21 | Nothing in this subsection (g) prevents an alternative | ||||||
22 | retail electric supplier from filing a petition with the | ||||||
23 | Commission seeking confidential treatment for information | ||||||
24 | beyond that identified in this subsection (g) or for | ||||||
25 | information contained in other reports or documents filed with | ||||||
26 | the Commission. |
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1 | Nothing in this subsection (g) prevents the Commission, on | ||||||
2 | its own motion, or any party from filing a formal petition with | ||||||
3 | the Commission seeking to reconsider the conferring of | ||||||
4 | confidential status on an item of information afforded | ||||||
5 | confidential treatment pursuant to this subsection (g). | ||||||
6 | The Commission, on its own motion, may at any time initiate | ||||||
7 | a docketed proceeding to investigate the continued | ||||||
8 | applicability of this subsection (g) to the information | ||||||
9 | contained in items (i), (ii), and (iii) of this subsection (g). | ||||||
10 | If, at the end of such investigation, the Commission determines | ||||||
11 | that a particular item of information should no longer be | ||||||
12 | eligible for the affidavit-based process outlined in this | ||||||
13 | subsection (g), the Commission may enter an order to remove | ||||||
14 | that item from the list of items eligible for the process set | ||||||
15 | forth in this subsection (g). Notwithstanding any such order, | ||||||
16 | in the event the Commission makes such a determination, nothing | ||||||
17 | in this subsection (g) prevents an alternative retail electric | ||||||
18 | supplier desiring confidential treatment for such information | ||||||
19 | from filing a formal petition with the Commission seeking | ||||||
20 | confidential treatment for such information. | ||||||
21 | (Source: P.A. 99-332, eff. 8-10-15.)
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22 | (220 ILCS 5/16-115A)
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23 | Sec. 16-115A. Obligations of alternative retail electric
| ||||||
24 | suppliers. | ||||||
25 | (a) An alternative retail electric supplier shall :
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1 | (i) shall comply with the requirements imposed on | ||||||
2 | public
utilities by Sections 8-201 through 8-207, 8-301, | ||||||
3 | 8-505
and 8-507 of this Act, to the extent that these | ||||||
4 | Sections
have application to the services being offered by | ||||||
5 | the
alternative retail electric supplier; and
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6 | (ii) shall continue to comply with the requirements for
| ||||||
7 | certification stated in subsection (d) of Section 16-115 ; . | ||||||
8 | (iii) by May 31, 2020 and every May 31 thereafter, | ||||||
9 | shall submit to the Commission and the Office of the | ||||||
10 | Attorney General the rates the retail electric supplier | ||||||
11 | charged to residential customers in the prior year, | ||||||
12 | including each distinct rate charged and whether the rate | ||||||
13 | was a fixed or variable rate, the basis for the variable | ||||||
14 | rate, and any fees charged in addition to the supply rate, | ||||||
15 | including monthly fees, flat fees, or other service | ||||||
16 | charges; and | ||||||
17 | (iv) shall make publicly available on its website, | ||||||
18 | without the need for a customer login, rate information for | ||||||
19 | all of its variable, time-of-use, and fixed rate contracts | ||||||
20 | currently available to residential customers, including, | ||||||
21 | but not limited to, fixed monthly charges, early | ||||||
22 | termination fees, and kilowatt-hour charges.
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23 | (b) An alternative retail electric supplier shall obtain | ||||||
24 | verifiable
authorization from a customer, in a form or manner | ||||||
25 | approved by the Commission
consistent with Section 2EE of the | ||||||
26 | Consumer Fraud and Deceptive Business
Practices Act, before the |
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| |||||||
1 | customer is switched from another supplier.
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2 | (c) No alternative retail electric supplier, or electric
| ||||||
3 | utility other than the electric utility in whose service area
a | ||||||
4 | customer is located, shall (i) enter into or employ any
| ||||||
5 | arrangements which have the effect of preventing a retail
| ||||||
6 | customer with a maximum electrical demand of less than one
| ||||||
7 | megawatt from having access to the services of the electric
| ||||||
8 | utility in whose service area the customer is located or (ii)
| ||||||
9 | charge retail customers for such access. This subsection shall | ||||||
10 | not be
construed to prevent an arms-length agreement between a
| ||||||
11 | supplier and a retail customer that sets a term of service, | ||||||
12 | notice
period for terminating service and provisions governing | ||||||
13 | early
termination through a tariff or contract as allowed by | ||||||
14 | Section 16-119.
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15 | (d) An alternative retail electric supplier that is
| ||||||
16 | certified to serve residential or small commercial retail
| ||||||
17 | customers shall not:
| ||||||
18 | (1) deny service to a customer or group of customers
| ||||||
19 | nor establish any differences as to prices, terms,
| ||||||
20 | conditions, services, products, facilities, or in any
| ||||||
21 | other respect, whereby such denial or differences are based | ||||||
22 | upon
race, gender or income , except as provided in Section | ||||||
23 | 16-115E .
| ||||||
24 | (2) deny service to a customer or group of customers | ||||||
25 | based on locality
nor establish any unreasonable | ||||||
26 | difference as to prices,
terms, conditions, services, |
| |||||||
| |||||||
1 | products, or facilities as
between localities.
| ||||||
2 | (e) An alternative retail electric supplier shall comply
| ||||||
3 | with the following requirements with respect to the marketing,
| ||||||
4 | offering and provision of products or services to residential
| ||||||
5 | and small commercial retail customers:
| ||||||
6 | (i) All Any marketing materials , including, but not | ||||||
7 | limited to, electronic marketing materials, in-person | ||||||
8 | solicitations, and telephone solicitations, which make
| ||||||
9 | statements concerning prices, terms and conditions
of | ||||||
10 | service shall contain information that adequately
| ||||||
11 | discloses the prices, terms , and conditions of the
products | ||||||
12 | or services that the alternative retail
electric supplier | ||||||
13 | is offering or selling to the
customer and shall disclose | ||||||
14 | the current utility electric supply price to compare | ||||||
15 | applicable at the time the alternative retail electric | ||||||
16 | supplier is offering or selling the products or services to | ||||||
17 | the customer and shall disclose the date on which the | ||||||
18 | utility electric supply price to compare became effective | ||||||
19 | and the date on which it will expire. The utility electric | ||||||
20 | supply price to compare shall be the sum of the electric | ||||||
21 | supply charge and the transmission services charge and | ||||||
22 | shall not include the purchased electricity adjustment. | ||||||
23 | The disclosure shall include a statement that the price to | ||||||
24 | compare does not include the purchased electricity | ||||||
25 | adjustment, and, if applicable, the range of the purchased | ||||||
26 | electricity adjustment. All marketing materials, |
| |||||||
| |||||||
1 | including, but not limited to, electronic marketing | ||||||
2 | materials, in-person solicitations, and telephone | ||||||
3 | solicitations, shall include the following statement: .
| ||||||
4 | "(Name of the alternative retail electric | ||||||
5 | supplier) is not the same entity as your electric | ||||||
6 | delivery company. You are not required to enroll with | ||||||
7 | (name of alternative retail electric supplier). | ||||||
8 | Beginning on (effective date), the electric supply | ||||||
9 | price to compare is (price in cents per kilowatt hour). | ||||||
10 | The electric utility electric supply price will expire | ||||||
11 | on (expiration date). The utility electric supply | ||||||
12 | price to compare does not include the purchased | ||||||
13 | electricity adjustment factor. For more information go | ||||||
14 | to the Illinois Commerce Commission's free website at | ||||||
15 | www.pluginillinois.org.". | ||||||
16 | If applicable, the statement shall also include the | ||||||
17 | following statement: | ||||||
18 | "The purchased electricity adjustment factor may | ||||||
19 | range between +.5 cents and -.5 cents per kilowatt | ||||||
20 | hour.". | ||||||
21 | This paragraph (i) does not apply to goodwill or | ||||||
22 | institutional advertising.
| ||||||
23 | (ii) Before any customer is switched from
another | ||||||
24 | supplier, the alternative retail electric
supplier shall | ||||||
25 | give the customer written information
that adequately | ||||||
26 | discloses, in plain language, the
prices, terms and |
| |||||||
| |||||||
1 | conditions of the products and
services being offered and | ||||||
2 | sold to the customer. This written information shall be | ||||||
3 | provided in a language in which the customer subject to the | ||||||
4 | marketing or solicitation is able to understand and | ||||||
5 | communicate, and the alternative retail electric supplier | ||||||
6 | shall not switch a customer who is unable to understand and | ||||||
7 | communicate in a language in which the marketing or | ||||||
8 | solicitation was conducted. The alternative retail | ||||||
9 | electric supplier shall comply with Section 2N of the | ||||||
10 | Consumer Fraud and Deceptive Business Practices Act.
| ||||||
11 | (iii) An alternative retail electric supplier
shall | ||||||
12 | provide documentation to the Commission and to
customers | ||||||
13 | that substantiates any claims made by the
alternative | ||||||
14 | retail electric supplier regarding the
technologies and | ||||||
15 | fuel types used to generate the
electricity offered or sold | ||||||
16 | to customers.
| ||||||
17 | (iv) The alternative retail electric supplier
shall | ||||||
18 | provide to the customer (1) itemized billing
statements | ||||||
19 | that describe the products and services
provided to the | ||||||
20 | customer and their prices, and (2)
an additional statement, | ||||||
21 | at least annually, that
adequately discloses the average | ||||||
22 | monthly prices, and
the terms and conditions, of the | ||||||
23 | products and
services sold to the customer. | ||||||
24 | (v) All in-person and telephone solicitations shall be | ||||||
25 | conducted in, translated into, and provided in a language | ||||||
26 | in which the consumer subject to the marketing or |
| |||||||
| |||||||
1 | solicitation is able to understand and communicate. An | ||||||
2 | alternative retail electric supplier shall terminate a | ||||||
3 | solicitation if the consumer subject to the marketing or | ||||||
4 | communication is unable to understand and communicate in | ||||||
5 | the language in which the marketing or solicitation is | ||||||
6 | being conducted. An alternative retail electric supplier | ||||||
7 | shall comply with Section 2N of the Consumer Fraud and | ||||||
8 | Deceptive Business Practices Act. | ||||||
9 | (vi) Each alternative retail electric supplier shall | ||||||
10 | conduct training for individual representatives engaged in | ||||||
11 | in-person solicitation and telemarketing to residential | ||||||
12 | customers on behalf of that alternative retail electric | ||||||
13 | supplier prior to conducting any such solicitations on the | ||||||
14 | alternative retail electric supplier's behalf. Each | ||||||
15 | alternative retail electric supplier shall submit a copy of | ||||||
16 | its training material to the Commission on an annual basis | ||||||
17 | and the Commission shall have the right to review and | ||||||
18 | require updates to the material. After initial training, | ||||||
19 | each alternative retail electric supplier shall be | ||||||
20 | required to conduct refresher training for its individual | ||||||
21 | representatives every 6 months.
| ||||||
22 | (f) An alternative retail electric supplier may limit
the | ||||||
23 | overall size or availability of a service offering by
| ||||||
24 | specifying one or more of the following: a maximum number of
| ||||||
25 | customers, maximum amount of electric load to be served, time
| ||||||
26 | period during which the offering will be available, or other
|
| |||||||
| |||||||
1 | comparable limitation, but not including the geographic
| ||||||
2 | locations of customers within the area which the alternative
| ||||||
3 | retail electric supplier is certificated to serve. The
| ||||||
4 | alternative retail electric supplier shall file the terms and
| ||||||
5 | conditions of such service offering including the applicable
| ||||||
6 | limitations with the Commission prior to making the service
| ||||||
7 | offering available to customers.
| ||||||
8 | (g) Nothing in this Section shall be construed as
| ||||||
9 | preventing an alternative retail electric supplier,
which is an | ||||||
10 | affiliate of, or which contracts with, (i) an
industry or trade | ||||||
11 | organization or association, (ii) a
membership organization or | ||||||
12 | association that exists for a
purpose other than the purchase | ||||||
13 | of electricity, or (iii)
another organization that meets | ||||||
14 | criteria established in a rule
adopted by the Commission, from | ||||||
15 | offering through the
organization or association services at | ||||||
16 | prices, terms and
conditions that are available solely to the | ||||||
17 | members of the
organization or association.
| ||||||
18 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
19 | (220 ILCS 5/16-115B)
| ||||||
20 | Sec. 16-115B. Commission oversight of services provided
by | ||||||
21 | alternative retail electric suppliers. | ||||||
22 | (a) The Commission shall have jurisdiction in accordance
| ||||||
23 | with the provisions of Article X of this Act to entertain and | ||||||
24 | dispose of
any complaint against any alternative retail | ||||||
25 | electric supplier
alleging (i) that the alternative retail |
| |||||||
| |||||||
1 | electric supplier has
violated or is in nonconformance with any | ||||||
2 | applicable
provisions of Section 16-115 through Section | ||||||
3 | 16-115A; (ii) that
an alternative retail electric supplier | ||||||
4 | serving retail
customers having maximum demands of less than | ||||||
5 | one megawatt has
failed to provide service in accordance with | ||||||
6 | the terms of its
contract or contracts with such customer or | ||||||
7 | customers; (iii)
that the alternative retail electric supplier | ||||||
8 | has violated or
is in non-conformance with the delivery | ||||||
9 | services tariff of, or
any of its agreements relating to | ||||||
10 | delivery services with, the
electric utility, municipal | ||||||
11 | system, or electric cooperative
providing delivery services; | ||||||
12 | or (iv) that the alternative
retail electric supplier has | ||||||
13 | violated or failed to comply with
the requirements of Sections | ||||||
14 | 8-201 through 8-207, 8-301, 8-505,
or 8-507 of this Act as made | ||||||
15 | applicable to alternative retail
electric suppliers.
| ||||||
16 | (b) The Commission shall have authority, after notice
and | ||||||
17 | hearing held on complaint or on the Commission's own
motion:
| ||||||
18 | (1) To order an alternative retail electric supplier
to | ||||||
19 | cease and desist, or correct, any violation of or | ||||||
20 | non-conformance with the
provisions of Section 16-115 or | ||||||
21 | 16-115A;
| ||||||
22 | (2) To impose financial penalties for violations of
or | ||||||
23 | non-conformances with the provisions of Section 16-115 or | ||||||
24 | 16-115A,
not to exceed (i) $10,000 per occurrence or (ii) | ||||||
25 | $30,000
per day for those violations or non-conformances | ||||||
26 | which
continue after the Commission issues a cease and |
| |||||||
| |||||||
1 | desist
order; and
| ||||||
2 | (3) To alter, modify, revoke or suspend the
certificate | ||||||
3 | of service authority of an alternative retail
electric | ||||||
4 | supplier for substantial or repeated violations
of or | ||||||
5 | non-conformances with the provisions of
Section 16-115 or | ||||||
6 | 16-115A.
| ||||||
7 | (c) In addition to other powers and authority granted to it | ||||||
8 | under this Act, the Commission may require an alternative | ||||||
9 | retail electric supplier to enter into a compliance
plan. If | ||||||
10 | the Commission comes into possession of information causing it | ||||||
11 | to conclude that an alternative retail electric supplier is | ||||||
12 | violating this Act or the Commission's rules, the Commission | ||||||
13 | may, after notice and hearing, enter an order directing the | ||||||
14 | alternative retail electric supplier to implement practices, | ||||||
15 | procedures, oversight, or other
measures or refrain from | ||||||
16 | practices, conduct, or activities that the Commission finds is | ||||||
17 | necessary or reasonable to ensure the alternative retail | ||||||
18 | electric supplier's compliance with this Act and the | ||||||
19 | Commission's rules. Failure by an alternative retail electric | ||||||
20 | supplier to implement or comply with a Commission-ordered | ||||||
21 | compliance plan is a violation of this Section. The Commission, | ||||||
22 | in its discretion, may order a compliance plan under such | ||||||
23 | circumstances as it considers warranted and is not required to | ||||||
24 | order a compliance plan prior to taking other enforcement | ||||||
25 | action against an alternative retail electric supplier. | ||||||
26 | Nothing in this subsection (c) shall be interpreted to limit |
| |||||||
| |||||||
1 | the authority or right of the Attorney General. | ||||||
2 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
3 | (220 ILCS 5/16-115E new) | ||||||
4 | Sec. 16-115E. Alternative retail electric supplier utility | ||||||
5 | assistance recipient. | ||||||
6 | (a) Beginning January 1, 2020, an alternative retail | ||||||
7 | electric supplier shall not knowingly submit an enrollment to | ||||||
8 | change a customer's electric supplier if the electric utility's | ||||||
9 | records indicate that the customer either received financial | ||||||
10 | assistance in the previous 12 months from the Low Income Home | ||||||
11 | Energy Assistance Program or, at the time of enrollment is | ||||||
12 | participating in the Percentage of Income Payment Plan, unless | ||||||
13 | (1) the customer's change in electric supplier is pursuant to a | ||||||
14 | government aggregation program adopted in accordance with | ||||||
15 | Section 1-92 of the Illinois Power Agency Act, or (2) the | ||||||
16 | customer's change in electric supplier is pursuant to a | ||||||
17 | Commission-approved savings guarantee plan as described in | ||||||
18 | subsection (b). | ||||||
19 | (b) Beginning January 1, 2020, an alternative retail | ||||||
20 | electric supplier may apply to the Commission to offer a | ||||||
21 | savings guarantee plan to recipients of Low Income Home Energy | ||||||
22 | Assistance Program funding or Percentage of Income Payment Plan | ||||||
23 | funding. The Commission shall initiate a public, docketed | ||||||
24 | proceeding to consider whether or not to approve an alternative | ||||||
25 | retail electric supplier's application to offer a savings |
| |||||||
| |||||||
1 | guarantee plan. At a minimum, the savings guarantee plan shall | ||||||
2 | charge customers for electric supply at an amount that is less | ||||||
3 | than the amount charged by the electric utility. | ||||||
4 | (c) An agreement entered into between an alternative retail | ||||||
5 | electric supplier and a customer in violation of this Section | ||||||
6 | is void and unenforceable. Before the electric utility executes | ||||||
7 | a change in a customer's electric supplier, other than a change | ||||||
8 | pursuant to a government aggregation program adopted in | ||||||
9 | accordance with Section 1-92 of the Illinois Power Agency Act | ||||||
10 | or a Commission-approved savings guarantee plan as described in | ||||||
11 | subsection (b), the electric utility shall confirm at the time | ||||||
12 | of the request whether its records indicate that the customer | ||||||
13 | either has received financial assistance from the Low Income | ||||||
14 | Home Energy Assistance Program in the previous 12 months or, at | ||||||
15 | the time of enrollment, is participating in the Percentage of | ||||||
16 | Income Payment Plan; and if so, shall reject such change | ||||||
17 | request. Absent willful or wanton misconduct, no electric | ||||||
18 | utility shall be held liable for any error in acting or failing | ||||||
19 | to act pursuant to this Section.
| ||||||
20 | (220 ILCS 5/16-118)
| ||||||
21 | Sec. 16-118. Services provided by electric utilities to
| ||||||
22 | alternative retail electric suppliers. | ||||||
23 | (a) It is in the best interest of Illinois energy
consumers | ||||||
24 | to promote fair and open competition in the
provision of | ||||||
25 | electric power and energy and to prevent
anticompetitive |
| |||||||
| |||||||
1 | practices in the provision of electric power
and energy.
| ||||||
2 | Therefore, to the extent an electric utility provides electric | ||||||
3 | power and energy
or delivery services to alternative retail | ||||||
4 | electric suppliers and such services
are not subject to the | ||||||
5 | jurisdiction of the Federal Energy
Regulatory Commission, and | ||||||
6 | are not competitive services, they
shall be provided through | ||||||
7 | tariffs that are filed with the
Commission, pursuant to Article | ||||||
8 | IX of this Act.
Each electric utility shall permit alternative
| ||||||
9 | retail electric suppliers to interconnect facilities to those
| ||||||
10 | owned by the utility provided they meet established standards
| ||||||
11 | for such interconnection, and may provide standby or other
| ||||||
12 | services to alternative retail electric suppliers. The
| ||||||
13 | alternative retail electric supplier shall sign a contract
| ||||||
14 | setting forth the prices, terms and conditions for
| ||||||
15 | interconnection with the electric utility and the prices,
terms | ||||||
16 | and conditions for services provided by the electric
utility to | ||||||
17 | the alternative retail electric supplier in
connection with the | ||||||
18 | delivery by the electric utility of
electric power and energy | ||||||
19 | supplied by the alternative retail
electric supplier.
| ||||||
20 | (b) An electric utility shall file a tariff pursuant to | ||||||
21 | Article IX of the
Act that would allow alternative retail | ||||||
22 | electric suppliers or electric
utilities other than the | ||||||
23 | electric utility in whose service area retail
customers are
| ||||||
24 | located to issue single bills to the retail customers for both | ||||||
25 | the services
provided by such alternative retail electric | ||||||
26 | supplier or other electric utility
and the delivery services |
| |||||||
| |||||||
1 | provided by the electric utility to such customers.
The tariff | ||||||
2 | filed pursuant to this subsection shall (i) require partial | ||||||
3 | payments
made by retail customers to be credited first to the | ||||||
4 | electric utility's
tariffed services, (ii) impose commercially | ||||||
5 | reasonable terms with respect to
credit and collection, | ||||||
6 | including requests for deposits, (iii) retain the
electric | ||||||
7 | utility's right to disconnect the retail customers, if it does | ||||||
8 | not
receive payment for its tariffed services, in the same | ||||||
9 | manner that it would be
permitted to if it had billed for the | ||||||
10 | services itself, and (iv) require the
alternative retail | ||||||
11 | electric supplier or other electric utility that elects the
| ||||||
12 | billing option provided by this tariff to include on each bill | ||||||
13 | to retail
customers an identification of the electric utility | ||||||
14 | providing the delivery
services and a listing of the charges | ||||||
15 | applicable to such services. The tariff
filed pursuant to this | ||||||
16 | subsection may also include other just and reasonable
terms and | ||||||
17 | conditions. In addition,
an electric utility, an alternative | ||||||
18 | retail electric
supplier or electric utility other than the | ||||||
19 | electric utility
in whose service area the customer is located, | ||||||
20 | and a customer
served by such alternative retail electric | ||||||
21 | supplier or other
electric utility, may enter into an agreement | ||||||
22 | pursuant to
which the alternative retail electric supplier or | ||||||
23 | other
electric utility pays the charges specified in Section | ||||||
24 | 16-108,
or other customer-related charges, including taxes and | ||||||
25 | fees,
in lieu of such charges being recovered by the electric
| ||||||
26 | utility directly from the customer. |
| |||||||
| |||||||
1 | (c) An electric utility with more than 100,000 customers | ||||||
2 | shall file a tariff pursuant to Article IX of this Act that | ||||||
3 | provides alternative retail electric suppliers, and electric | ||||||
4 | utilities other than the electric utility in whose service area | ||||||
5 | the retail customers are located, with the option to have the | ||||||
6 | electric utility purchase their receivables for power and | ||||||
7 | energy service provided to residential retail customers and | ||||||
8 | non-residential retail customers with a non-coincident peak | ||||||
9 | demand of less than 400 kilowatts. Receivables for power and | ||||||
10 | energy service of alternative retail electric suppliers or | ||||||
11 | electric utilities other than the electric utility in whose | ||||||
12 | service area the retail customers are located shall be | ||||||
13 | purchased by the electric utility at a just and reasonable | ||||||
14 | discount rate to be reviewed and approved by the Commission | ||||||
15 | after notice and hearing. The discount rate shall be based on | ||||||
16 | the electric utility's historical bad debt and any reasonable | ||||||
17 | start-up costs and administrative costs associated with the | ||||||
18 | electric utility's purchase of receivables. The discounted | ||||||
19 | rate for purchase of receivables shall be included in the | ||||||
20 | tariff filed pursuant to this subsection (c). The discount rate | ||||||
21 | filed pursuant to this subsection (c) shall be subject to | ||||||
22 | periodic Commission review. The electric utility retains the | ||||||
23 | right to impose the same terms on retail customers with respect | ||||||
24 | to credit and collection, including requests for deposits, and | ||||||
25 | retain the electric utility's right to disconnect the retail | ||||||
26 | customers, if it does not receive payment for its tariffed |
| |||||||
| |||||||
1 | services or purchased receivables, in the same manner that it | ||||||
2 | would be permitted to if the retail customers purchased power | ||||||
3 | and energy from the electric utility. The tariff filed pursuant | ||||||
4 | to this subsection (c) shall permit the electric utility to | ||||||
5 | recover from retail customers any uncollected receivables that | ||||||
6 | may arise as a result of the purchase of receivables under this | ||||||
7 | subsection (c), may also include other just and reasonable | ||||||
8 | terms and conditions, and shall provide for the prudently | ||||||
9 | incurred costs associated with the provision of this service | ||||||
10 | pursuant to this subsection (c). Nothing in this subsection (c) | ||||||
11 | permits the double recovery of bad debt expenses from | ||||||
12 | customers. | ||||||
13 | (d) An electric utility with more than 100,000 customers | ||||||
14 | shall file a tariff pursuant to Article IX of this Act that | ||||||
15 | would provide alternative retail electric suppliers or | ||||||
16 | electric utilities other than the electric utility in whose | ||||||
17 | service area retail customers are located with the option to | ||||||
18 | have the electric utility produce and provide single bills to | ||||||
19 | the retail customers for both the electric power and energy | ||||||
20 | service provided by the alternative retail electric supplier or | ||||||
21 | other electric utility and the delivery services provided by | ||||||
22 | the electric utility to the customers. The tariffs filed | ||||||
23 | pursuant to this subsection shall require the electric utility | ||||||
24 | to collect and remit customer payments for electric power and | ||||||
25 | energy service provided by alternative retail electric | ||||||
26 | suppliers or electric utilities other than the electric utility |
| |||||||
| |||||||
1 | in whose service area retail customers are located. The tariff | ||||||
2 | filed pursuant to this subsection shall require the electric | ||||||
3 | utility to include on each bill to retail customers an | ||||||
4 | identification of the alternative retail electric supplier or | ||||||
5 | other electric utility that elects the billing option. The | ||||||
6 | tariff filed pursuant to this subsection (d) may also include | ||||||
7 | other just and reasonable terms and conditions and shall | ||||||
8 | provide for the recovery of prudently incurred costs associated | ||||||
9 | with the provision of service pursuant to this subsection (d). | ||||||
10 | The costs associated with the provision of service pursuant to | ||||||
11 | this Section shall be subject to periodic Commission review.
| ||||||
12 | (e) An electric utility with more than 100,000 customers in | ||||||
13 | this State shall file a tariff pursuant to Article IX of this | ||||||
14 | Act that provides alternative retail electric suppliers, and | ||||||
15 | electric utilities other than the electric utility in whose | ||||||
16 | service area the retail customers are located, with the option | ||||||
17 | to have the electric utility purchase 2 billing cycles worth of | ||||||
18 | uncollectible receivables for power and energy service | ||||||
19 | provided to residential retail customers and to | ||||||
20 | non-residential retail customers with a non-coincident peak | ||||||
21 | demand of less than 400 kilowatts upon returning that customer | ||||||
22 | to that electric utility for delivery and energy service after | ||||||
23 | that alternative retail electric supplier, or an electric | ||||||
24 | utility other than the electric utility in whose service area | ||||||
25 | the retail customer is located, has made reasonable collection | ||||||
26 | efforts on that account. Uncollectible receivables for power |
| |||||||
| |||||||
1 | and energy service of alternative retail electric suppliers, or | ||||||
2 | electric utilities other than the electric utility in whose | ||||||
3 | service area the retail customers are located, shall be | ||||||
4 | purchased by the electric utility at a just and reasonable | ||||||
5 | discount rate to be reviewed and approved by the Commission, | ||||||
6 | after notice and hearing. The discount rate shall be based on | ||||||
7 | the electric utility's historical bad debt for receivables that | ||||||
8 | are outstanding for a similar length of time and any reasonable | ||||||
9 | start-up costs and administrative costs associated with the | ||||||
10 | electric utility's purchase of receivables. The discounted | ||||||
11 | rate for purchase of uncollectible receivables shall be | ||||||
12 | included in the tariff filed pursuant to this subsection (e). | ||||||
13 | The electric utility retains the right to impose the same terms | ||||||
14 | on these retail customers with respect to credit and | ||||||
15 | collection, including requests for deposits, and retains the | ||||||
16 | right to disconnect these retail customers, if it does not | ||||||
17 | receive payment for its tariffed services or purchased | ||||||
18 | receivables, in the same manner that it would be permitted to | ||||||
19 | if the retail customers had purchased power and energy from the | ||||||
20 | electric utility. The tariff filed pursuant to this subsection | ||||||
21 | (e) shall permit the electric utility to recover from retail | ||||||
22 | customers any uncollectable receivables that may arise as a | ||||||
23 | result of the purchase of uncollectible receivables under this | ||||||
24 | subsection (e), may also include other just and reasonable | ||||||
25 | terms and conditions, and shall provide for the prudently | ||||||
26 | incurred costs associated with the provision of this service |
| |||||||
| |||||||
1 | pursuant to this subsection (e). Nothing in this subsection (e) | ||||||
2 | permits the double recovery of utility bad debt expenses from | ||||||
3 | customers. The electric utility may file a joint tariff for | ||||||
4 | this subsection (e) and subsection (c) of this Section.
| ||||||
5 | (f) Every alternative retail electric supplier or electric | ||||||
6 | utility other than the electric utility in whose service area | ||||||
7 | retail customers are located that issues single bills to the | ||||||
8 | retail customers for the services provided by the alternative | ||||||
9 | retail electric supplier or other electric utility to the | ||||||
10 | customers shall include on the single bills issued to | ||||||
11 | residential customers the current utility electric supply | ||||||
12 | price to compare that would apply to the customer for the | ||||||
13 | billing period if the customer obtained supply from the | ||||||
14 | utility. The current utility electric supply price shall be the | ||||||
15 | sum of the electric supply charge and the transmission services | ||||||
16 | charge and shall disclose that the price does not include the | ||||||
17 | monthly purchased electricity adjustment. | ||||||
18 | (g) Every electric utility that provides delivery and | ||||||
19 | supply services shall include on each bill issued to | ||||||
20 | residential customers who obtain supply from an alternative | ||||||
21 | retail electric supplier the current utility electric supply | ||||||
22 | price to compare that would apply to the customer for the | ||||||
23 | billing period if the customer obtained supply from the | ||||||
24 | utility. The current utility electric supply price to compare | ||||||
25 | shall be the sum of the electric supply charge and the | ||||||
26 | transmission services charge and shall disclose that the price |
| |||||||
| |||||||
1 | does not include the monthly purchased electricity adjustment. | ||||||
2 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
3 | (220 ILCS 5/16-119)
| ||||||
4 | Sec. 16-119. Switching suppliers. An electric utility or an | ||||||
5 | alternative retail electric
supplier may establish a term of | ||||||
6 | service, notice period for
terminating service and provisions | ||||||
7 | governing early termination
through a tariff or contract. A | ||||||
8 | customer may change its
supplier subject to tariff or contract | ||||||
9 | terms and conditions.
Any notice provisions; or provision for a | ||||||
10 | fee, charge or
penalty with early termination of a contract; | ||||||
11 | shall be
conspicuously disclosed in any tariff or contract. Any | ||||||
12 | tariff filed or contract renewed or entered into on and after | ||||||
13 | the effective date of this amendatory Act of the 99th General | ||||||
14 | Assembly that contains an early termination clause shall | ||||||
15 | disclose the amount of the early termination fee or penalty, | ||||||
16 | provided that any early termination fee or penalty shall not | ||||||
17 | exceed $50 total for residential customers and $150 for small | ||||||
18 | commercial retail customers as defined in Section 16-102 of | ||||||
19 | this Act, regardless of whether or not the tariff or contract | ||||||
20 | is a multiyear tariff or contract. Beginning January 1, 2020, | ||||||
21 | residential and small commercial retail customers shall have a | ||||||
22 | right to terminate their contracts with alternative retail | ||||||
23 | electric suppliers at any time without any termination fees or | ||||||
24 | penalties. A customer
shall remain responsible for any unpaid | ||||||
25 | charges owed to an
electric utility or alternative retail |
| |||||||
| |||||||
1 | electric supplier at
the time it switches to another provider.
| ||||||
2 | The caps on early termination fees and penalties under this | ||||||
3 | Section shall apply only to early termination fees and | ||||||
4 | penalties for early termination of electric service. The caps | ||||||
5 | shall not apply to charges or fees for devices, equipment, or | ||||||
6 | other services provided by the utility or alternative retail | ||||||
7 | electric supplier. | ||||||
8 | (Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
| ||||||
9 | (220 ILCS 5/16-123)
| ||||||
10 | Sec. 16-123. Establishment of customer information
centers | ||||||
11 | for electric utilities and
alternative retail electric | ||||||
12 | suppliers. | ||||||
13 | (a) All electric utilities and alternative retail electric
| ||||||
14 | suppliers shall be required to maintain a customer call center
| ||||||
15 | where customers can reach a representative and receive current
| ||||||
16 | information. Customers shall periodically be notified on how
to | ||||||
17 | reach the call center. The Commission shall have the
authority | ||||||
18 | to establish reporting requirements for such
centers.
| ||||||
19 | (b) Notwithstanding anything to the contrary, an electric | ||||||
20 | utility may: | ||||||
21 | (1) disclose the current utility electric supply price | ||||||
22 | to a retail customer who takes electric power and energy | ||||||
23 | supply service from an alternative retail electric | ||||||
24 | supplier; | ||||||
25 | (2) disclose the supply price the customer is paying as |
| |||||||
| |||||||
1 | reflected on the customer's bill, if known; | ||||||
2 | (3) furnish to a retail customer a list of frequently | ||||||
3 | asked questions to be used by the retail customer in | ||||||
4 | evaluating electric power and energy supply rate offers by | ||||||
5 | alternative retail electric suppliers; this list may | ||||||
6 | include, but is not limited to, the following: | ||||||
7 | (A) length of the contract; | ||||||
8 | (B) the price per kilowatt hour, and whether the | ||||||
9 | contract price is fixed or variable, and if variable, | ||||||
10 | the circumstances under which the price may change; | ||||||
11 | (C) whether penalties or early termination fees | ||||||
12 | apply if the customer terminates the contract before | ||||||
13 | the expiration of its term; and | ||||||
14 | (D) whether the customer may be subject to any | ||||||
15 | other adjustments, penalties, surcharges, or costs | ||||||
16 | beyond the electric power and energy supply rate; and | ||||||
17 | (4) provide to a retail customer education information | ||||||
18 | published by the Office of Retail Market Development and | ||||||
19 | the Office of the Attorney General regarding the selection | ||||||
20 | and evaluation of electric power and energy supply rate | ||||||
21 | offers by alternative retail electric suppliers. | ||||||
22 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
23 | (220 ILCS 5/19-110)
| ||||||
24 | Sec. 19-110. Certification of alternative gas suppliers.
| ||||||
25 | (a) The provisions of this Section shall apply only to |
| |||||||
| |||||||
1 | alternative gas
suppliers
serving or seeking to serve | ||||||
2 | residential or small commercial customers and
only to the | ||||||
3 | extent such
alternative gas suppliers provide services to | ||||||
4 | residential or small
commercial customers.
| ||||||
5 | (b) An alternative gas supplier must obtain a certificate | ||||||
6 | of service
authority from the Commission in accordance with | ||||||
7 | this Section before serving
any customer or other user located | ||||||
8 | in this State. An alternative gas supplier
may request, and the | ||||||
9 | Commission may grant, a certificate of service authority
for | ||||||
10 | the entire State or for a specified geographic area of the | ||||||
11 | State. A
person, corporation, or other entity acting as an | ||||||
12 | alternative gas supplier on
the effective date of this | ||||||
13 | amendatory Act of the 92nd General Assembly shall
have 180 days | ||||||
14 | from the effective date of this amendatory Act of the 92nd
| ||||||
15 | General Assembly to comply with the requirements of this | ||||||
16 | Section in order to
continue to operate as an alternative gas | ||||||
17 | supplier.
| ||||||
18 | (c) An alternative gas supplier seeking a certificate of | ||||||
19 | service authority
shall
file with the Commission a verified | ||||||
20 | application containing information showing
that the
applicant | ||||||
21 | meets the requirements of this Section. The alternative gas | ||||||
22 | supplier
shall
publish notice of its application in the | ||||||
23 | official State newspaper within 10
days following
the date of | ||||||
24 | its filing. No later than 45 days after the application is
| ||||||
25 | properly filed with the
Commission, and such notice is | ||||||
26 | published, the Commission shall issue its order
granting or |
| |||||||
| |||||||
1 | denying the application.
| ||||||
2 | (d) An application for a certificate of service authority | ||||||
3 | shall identify the
area or
areas in which the applicant intends | ||||||
4 | to offer service and the types of services
it intends
to offer. | ||||||
5 | Applicants that seek to serve residential or small commercial
| ||||||
6 | customers within a
geographic area that is smaller than a gas | ||||||
7 | utility's service area shall submit
evidence demonstrating | ||||||
8 | that the designation of this smaller area does not
violate | ||||||
9 | Section 19-115. An
applicant may
state in its application for | ||||||
10 | certification any limitations that will be imposed
on the | ||||||
11 | number
of customers or maximum load to be served. The applicant | ||||||
12 | shall submit as part of its application a statement indicating:
| ||||||
13 | (1) Whether the applicant has been denied a natural gas | ||||||
14 | supplier license in any state in the United States. | ||||||
15 | (2) Whether the applicant has had a natural gas | ||||||
16 | supplier license suspended or revoked by any state in the | ||||||
17 | United States. | ||||||
18 | (3) Where, if any, other natural gas supplier license | ||||||
19 | applications are pending in the United States. | ||||||
20 | (4) Whether the applicant is the subject of any | ||||||
21 | lawsuits filed in a court of law or formal complaints filed | ||||||
22 | with a regulatory agency alleging fraud, deception or | ||||||
23 | unfair marketing practices, or other similar allegations, | ||||||
24 | identifying the name, case number, and jurisdiction of each | ||||||
25 | such lawsuit or complaint. | ||||||
26 | For the purposes of this subsection (d), formal complaints |
| |||||||
| |||||||
1 | include only those complaints that seek a binding determination | ||||||
2 | from a state or federal regulatory body. | ||||||
3 | (e) The Commission shall grant the application for a | ||||||
4 | certificate of service
authority if it makes the findings set | ||||||
5 | forth in this subsection based on the
verified
application and | ||||||
6 | such other information as the applicant may submit.
| ||||||
7 | (1) That the applicant possesses sufficient technical, | ||||||
8 | financial, and
managerial resources and abilities to | ||||||
9 | provide the service for which it
seeks a certificate of | ||||||
10 | service authority. In determining the level of
technical, | ||||||
11 | financial, and managerial resources and abilities which | ||||||
12 | the
applicant must demonstrate, the Commission shall | ||||||
13 | consider:
| ||||||
14 | (A) the characteristics, including the size and | ||||||
15 | financial sophistication of the
customers that the | ||||||
16 | applicant seeks to serve; | ||||||
17 | (B) whether the
applicant seeks to provide gas | ||||||
18 | using property, plant, and equipment that it
owns, | ||||||
19 | controls, or operates; and | ||||||
20 | (C) the applicant's commitment of resources to the | ||||||
21 | management of sales and marketing staff, through | ||||||
22 | affirmative managerial policies, independent audits, | ||||||
23 | technology, hands-on field monitoring and training, | ||||||
24 | and, in the case of applicants who will have sales | ||||||
25 | personnel or sales agents within the State of Illinois, | ||||||
26 | the applicant's managerial presence within the State.
|
| |||||||
| |||||||
1 | (2) That the applicant will comply with all applicable | ||||||
2 | federal, State,
regional, and industry rules, policies, | ||||||
3 | practices, and procedures
for the use, operation, and | ||||||
4 | maintenance of the safety, integrity, and
reliability of | ||||||
5 | the gas transmission system.
| ||||||
6 | (3) That the applicant will comply with such | ||||||
7 | informational or reporting
requirements as the Commission | ||||||
8 | may by rule establish.
| ||||||
9 | (4) That
the area to be served by the applicant and any | ||||||
10 | limitations it proposes on the
number of customers or | ||||||
11 | maximum amount of load to be served meet the provisions
of | ||||||
12 | Section 19-115, provided, that if the applicant seeks to | ||||||
13 | serve an area
smaller than the service area of a gas | ||||||
14 | utility or proposes other limitations
on the number of | ||||||
15 | customers or maximum amount of load to be served, the
| ||||||
16 | Commission can extend the time for
considering such a | ||||||
17 | certificate request by up to 90 days, and can schedule
| ||||||
18 | hearings on such a request.
| ||||||
19 | (5) That the applicant shall continue to comply with | ||||||
20 | requirements for certification stated in this Section. | ||||||
21 | (6) That the applicant shall execute and maintain a | ||||||
22 | license or permit bond issued by a qualifying surety or | ||||||
23 | insurance company authorized to transact business in the | ||||||
24 | State of Illinois in favor of the People of the State of | ||||||
25 | Illinois. The amount of the bond shall equal $150,000 if | ||||||
26 | the applicant seeks to serve only nonresidential retail |
| |||||||
| |||||||
1 | customers or $500,000 if the applicant seeks to serve all | ||||||
2 | eligible customers. Applicants shall be required to submit | ||||||
3 | an additional $500,000 bond if the applicant intends to | ||||||
4 | market to residential customers using in-person | ||||||
5 | solicitations. The bond shall be conditioned upon the full | ||||||
6 | and faithful performance of all duties and obligations of | ||||||
7 | the applicant as an alternative retail gas supplier and | ||||||
8 | shall be valid for a period of not less than one year. The | ||||||
9 | cost of the bond shall be paid by the applicant. The | ||||||
10 | applicant shall file a copy of this bond, with a notarized | ||||||
11 | verification page from the issuer, as part of its | ||||||
12 | application for certification under 83 Ill. Adm. Code 551. | ||||||
13 | (7) (5) That the applicant and the applicant's sales | ||||||
14 | agents will comply with all other applicable laws and
| ||||||
15 | rules.
| ||||||
16 | (e-5) The Commission may deny with prejudice an application | ||||||
17 | in which the applicant fails to provide the Commission with | ||||||
18 | information sufficient for the Commission to grant the | ||||||
19 | application. | ||||||
20 | (f) The Commission can extend the time for considering such | ||||||
21 | a certificate request by up to 90 days, and can schedule | ||||||
22 | hearings on such a request if: | ||||||
23 | (1) a party to the application proceeding has formally | ||||||
24 | requested that the Commission hold hearings in a pleading | ||||||
25 | that alleges that one or more of the allegations or | ||||||
26 | certifications in the application is false or misleading; |
| |||||||
| |||||||
1 | or | ||||||
2 | (2) other facts or circumstances exist that will | ||||||
3 | necessitate additional time or evidence in order to | ||||||
4 | determine whether a certificate should be issued. | ||||||
5 | (g) The Commission shall have the authority to promulgate | ||||||
6 | rules
to carry out the provisions of this Section. Within 30 | ||||||
7 | days after the
effective date of this amendatory Act of the | ||||||
8 | 92nd General Assembly, the
Commission shall adopt an emergency | ||||||
9 | rule or rules applicable to the
certification of those gas | ||||||
10 | suppliers that seek to serve residential customers.
Within 180 | ||||||
11 | days of
the effective
date of this amendatory Act of the 92nd | ||||||
12 | General Assembly, the Commission shall
adopt
rules that specify | ||||||
13 | criteria which, if met by any such alternative gas
supplier, | ||||||
14 | shall
constitute the demonstration of technical, financial, | ||||||
15 | and managerial resources
and
abilities to provide service | ||||||
16 | required by item (1) of subsection (e) of this
Section,
such as | ||||||
17 | a
requirement to post a bond or letter of credit, from a | ||||||
18 | responsible surety or
financial
institution, of sufficient | ||||||
19 | size for the nature and scope of the services to be
provided,
| ||||||
20 | demonstration of adequate insurance for the scope and nature of | ||||||
21 | the services to
be
provided, and experience in providing | ||||||
22 | similar services in other
jurisdictions.
| ||||||
23 | (h) The Commission may deny with prejudice any application | ||||||
24 | that repeatedly fails to include the attachments, | ||||||
25 | documentation, and affidavits required by the application form | ||||||
26 | or that repeatedly fails to provide any other information |
| |||||||
| |||||||
1 | required by this Section. | ||||||
2 | (i) An alternative gas supplier may seek confidential | ||||||
3 | treatment for the reporting to the Commission of its total | ||||||
4 | annual dekatherms delivered and sold by it to residential and | ||||||
5 | small commercial customers by utility service territory during | ||||||
6 | the preceding year via the filing of an affidavit with the | ||||||
7 | Commission so long as the affidavit meets the requirements of | ||||||
8 | this subsection (i).
The affidavit must be filed | ||||||
9 | contemporaneously with the information for which confidential | ||||||
10 | treatment is sought and must clearly state that the affiant | ||||||
11 | seeks confidential treatment pursuant to this subsection (i) | ||||||
12 | and the information for which confidential treatment is sought | ||||||
13 | must be clearly identified on the confidential version of the | ||||||
14 | document filed with the Commission. The affidavit must be | ||||||
15 | accompanied by both a "confidential" and a "public" version of | ||||||
16 | the document or documents containing the information for which | ||||||
17 | confidential treatment is sought. | ||||||
18 | If the alternative gas supplier has met the affidavit | ||||||
19 | requirements of this subsection (i), then the Commission shall | ||||||
20 | afford confidential treatment to the information identified in | ||||||
21 | the affidavit for a period of 2 years after the date the | ||||||
22 | affidavit is received by the Commission. | ||||||
23 | Nothing in this subsection (i) prevents an alternative gas | ||||||
24 | supplier from filing a petition with the Commission seeking | ||||||
25 | confidential treatment for information beyond that identified | ||||||
26 | in this subsection (i) or for information contained in other |
| |||||||
| |||||||
1 | reports or documents filed with the Commission. | ||||||
2 | Nothing in this subsection (i) prevents the Commission, on | ||||||
3 | its own motion, or any party from filing a formal petition with | ||||||
4 | the Commission seeking to reconsider the conferring of | ||||||
5 | confidential status pursuant to this subsection (i). | ||||||
6 | The Commission, on its own motion, may at any time initiate | ||||||
7 | a docketed proceeding to investigate the continued | ||||||
8 | applicability of this affidavit-based process for seeking | ||||||
9 | confidential treatment. If, at the end of such investigation, | ||||||
10 | the Commission determines that this affidavit-based process | ||||||
11 | for seeking confidential treatment for the information is no | ||||||
12 | longer necessary, the Commission may enter an order to that | ||||||
13 | effect. Notwithstanding any such order, in the event the | ||||||
14 | Commission makes such a determination, nothing in this | ||||||
15 | subsection (i) prevents an alternative gas supplier desiring | ||||||
16 | confidential treatment for such information from filing a | ||||||
17 | formal petition with the Commission seeking confidential | ||||||
18 | treatment for such information. | ||||||
19 | (Source: P.A. 99-332, eff. 8-10-15.)
| ||||||
20 | (220 ILCS 5/19-115)
| ||||||
21 | Sec. 19-115. Obligations of alternative gas suppliers.
| ||||||
22 | (a) The provisions of this Section shall apply only to | ||||||
23 | alternative gas
suppliers
serving or seeking to serve | ||||||
24 | residential or small commercial customers and
only to the | ||||||
25 | extent such
alternative gas suppliers provide services to |
| |||||||
| |||||||
1 | residential or small
commercial customers.
| ||||||
2 | (b) An alternative gas supplier shall :
| ||||||
3 | (1) shall comply with the requirements imposed on | ||||||
4 | public utilities by Sections
8-201 through 8-207, 8-301, | ||||||
5 | 8-505 and 8-507 of this Act, to the
extent that these | ||||||
6 | Sections have application to the services being
offered by | ||||||
7 | the alternative gas supplier;
| ||||||
8 | (2) shall continue to comply with the requirements for | ||||||
9 | certification stated
in
Section 19-110;
| ||||||
10 | (3) shall comply with complaint procedures established | ||||||
11 | by the Commission; | ||||||
12 | (4) except as provided in subsection (h) of this | ||||||
13 | Section, shall file with the Chief Clerk of the Commission, | ||||||
14 | within 20 business days after the effective date of this | ||||||
15 | amendatory Act of the 95th General Assembly, a copy of bill | ||||||
16 | formats, standard customer contract and customer complaint | ||||||
17 | and resolution procedures, and the name and telephone | ||||||
18 | number of the company representative whom Commission | ||||||
19 | employees may contact to resolve customer complaints and | ||||||
20 | other matters. In the case of a gas supplier that engages | ||||||
21 | in door-to-door solicitation, the company shall file with | ||||||
22 | the Commission the consumer information disclosure | ||||||
23 | required by item (3) of subsection (c) of Section 2DDD of | ||||||
24 | the Consumer Fraud and Deceptive Business Practices Act and | ||||||
25 | shall file updated information within 10 business days | ||||||
26 | after changes in any of the documents or information |
| |||||||
| |||||||
1 | required to be filed by this item (4); and | ||||||
2 | (5) shall maintain a customer call center where | ||||||
3 | customers can reach a representative and receive current | ||||||
4 | information. At least once every 6 months, each alternative | ||||||
5 | gas supplier shall provide written information to | ||||||
6 | customers explaining how to contact the call center. The | ||||||
7 | average answer time for calls placed to the call center | ||||||
8 | shall not exceed 60 seconds where a representative or | ||||||
9 | automated system is ready to render assistance and/or | ||||||
10 | accept information to process calls. The abandon rate for | ||||||
11 | calls placed to the call center shall not exceed 10%. Each | ||||||
12 | alternative gas supplier shall maintain records of the call | ||||||
13 | center's telephone answer time performance and abandon | ||||||
14 | call rate. These records shall be kept for a minimum of 2 | ||||||
15 | years and shall be made available to Commission personnel | ||||||
16 | upon request. In the event that answer times and/or abandon | ||||||
17 | rates exceed the limits established above, the reporting | ||||||
18 | alternative gas supplier may provide the Commission or its | ||||||
19 | personnel with explanatory details. At a minimum, these | ||||||
20 | records shall contain the following information in monthly | ||||||
21 | increments: | ||||||
22 | (A) total number of calls received; | ||||||
23 | (B) number of calls answered; | ||||||
24 | (C) average answer time; | ||||||
25 | (D) number of abandoned calls; and | ||||||
26 | (E) abandon call rate. |
| |||||||
| |||||||
1 | Alternative gas suppliers that do not have electronic | ||||||
2 | answering capability that meets these requirements shall | ||||||
3 | notify the Manager of the Commission's Consumer Services | ||||||
4 | Division or its successor within 30 days following the | ||||||
5 | effective date of this amendatory Act of the 95th General | ||||||
6 | Assembly and work with Staff to develop individualized | ||||||
7 | reporting requirements as to the call volume and | ||||||
8 | responsiveness of the call center. | ||||||
9 | On or before March 1 of every year, each entity shall | ||||||
10 | file a report with the Chief Clerk of the Commission for | ||||||
11 | the preceding calendar year on its answer time and abandon | ||||||
12 | call rate for its call center. A copy of the report shall | ||||||
13 | be sent to the Manager of the Consumer Services Division or | ||||||
14 | its successor ; . | ||||||
15 | (6) by January 1, 2020 and every January 1 thereafter, | ||||||
16 | shall submit to the Commission and the Office of the | ||||||
17 | Attorney General the rates the alternative gas supplier | ||||||
18 | charged to residential customers in the prior year, | ||||||
19 | including each distinct rate charged and whether the rate | ||||||
20 | was a fixed or variable rate, the basis for the variable | ||||||
21 | rate, and any fees charged in addition to the supply rate, | ||||||
22 | including monthly fees, flat fees, or other service | ||||||
23 | charges; and | ||||||
24 | (7) shall make publicly available on its website, | ||||||
25 | without the need for a customer login, rate information for | ||||||
26 | all of its variable, time-of-use, and fixed rate contracts |
| |||||||
| |||||||
1 | currently available to residential customers, including | ||||||
2 | but not limited to, fixed monthly charges, early | ||||||
3 | termination fees, and per therm charges. | ||||||
4 | (c) An alternative gas supplier shall not submit or execute | ||||||
5 | a change in a customer's selection of a natural gas provider | ||||||
6 | unless and until (i) the alternative gas supplier first | ||||||
7 | discloses all material terms and conditions of the offer , | ||||||
8 | including price, to the customer; (ii) the alternative gas | ||||||
9 | supplier has obtained the customer's express agreement to | ||||||
10 | accept the offer after the disclosure of all material terms and | ||||||
11 | conditions of the offer; and (iii) the alternative gas supplier | ||||||
12 | has confirmed the request for a change in accordance with one | ||||||
13 | of the following procedures: | ||||||
14 | (1) The alternative gas supplier has obtained the | ||||||
15 | customer's written or electronically signed authorization | ||||||
16 | in a form that meets the following requirements: | ||||||
17 | (A) An alternative gas supplier shall obtain any | ||||||
18 | necessary written or electronically signed | ||||||
19 | authorization from a customer for a change in natural | ||||||
20 | gas service by using a letter of agency as specified in | ||||||
21 | this Section. Any letter of agency that does not | ||||||
22 | conform with this Section is invalid. | ||||||
23 | (B) The letter of agency shall be a separate | ||||||
24 | document (or an easily separable document containing | ||||||
25 | only the authorization language described in item (E) | ||||||
26 | of this paragraph (1)) whose sole purpose is to |
| |||||||
| |||||||
1 | authorize a natural gas provider change. The letter of | ||||||
2 | agency must be signed and dated by the customer | ||||||
3 | requesting the natural gas provider change. | ||||||
4 | (C) The letter of agency shall not be combined with | ||||||
5 | inducements of any kind on the same document. | ||||||
6 | (D) Notwithstanding items (A) and (B) of this | ||||||
7 | paragraph (1), the letter of agency may be combined | ||||||
8 | with checks that contain only the required letter of | ||||||
9 | agency language prescribed in item (E) of this | ||||||
10 | paragraph (1) and the necessary information to make the | ||||||
11 | check a negotiable instrument. The letter of agency | ||||||
12 | check shall not contain any promotional language or | ||||||
13 | material. The letter of agency check shall contain in | ||||||
14 | easily readable, bold face type on the face of the | ||||||
15 | check a notice that the consumer is authorizing a | ||||||
16 | natural gas provider change by signing the check. The | ||||||
17 | letter of agency language also shall be placed near the | ||||||
18 | signature line on the back of the check. | ||||||
19 | (E) At a minimum, the letter of agency must be | ||||||
20 | printed with a print of sufficient size to be clearly | ||||||
21 | legible and must contain clear and unambiguous | ||||||
22 | language that confirms: | ||||||
23 | (i) the customer's billing name and address; | ||||||
24 | (ii) the decision to change the natural gas | ||||||
25 | provider from the current provider to the | ||||||
26 | prospective alternative gas supplier; |
| |||||||
| |||||||
1 | (iii) the terms, conditions, and nature of the | ||||||
2 | service to be provided to the customer, including, | ||||||
3 | but not limited to, the rates for the service | ||||||
4 | contracted for by the customer; and | ||||||
5 | (iv) that the customer understands that any | ||||||
6 | natural gas provider selection the customer | ||||||
7 | chooses may involve a charge to the customer for | ||||||
8 | changing the customer's natural gas provider. | ||||||
9 | (F) Letters of agency shall not suggest or require | ||||||
10 | that a customer take some action in order to retain the | ||||||
11 | customer's current natural gas provider. | ||||||
12 | (G) If any portion of a letter of agency is | ||||||
13 | translated into another language, then all portions of | ||||||
14 | the letter of agency must be translated into that | ||||||
15 | language. | ||||||
16 | (2) An appropriately qualified independent third party | ||||||
17 | has obtained, in accordance with the procedures set forth | ||||||
18 | in this paragraph (2), the customer's oral authorization to | ||||||
19 | change natural gas providers that confirms and includes | ||||||
20 | appropriate verification data. The independent third party | ||||||
21 | must (i) not be owned, managed, controlled, or directed by | ||||||
22 | the alternative gas supplier or the alternative gas | ||||||
23 | supplier's marketing agent; (ii) not have any financial | ||||||
24 | incentive to confirm provider change requests for the | ||||||
25 | alternative gas supplier or the alternative gas supplier's | ||||||
26 | marketing agent; and (iii) operate in a location physically |
| |||||||
| |||||||
1 | separate from the alternative gas supplier or the | ||||||
2 | alternative gas supplier's marketing agent. Automated | ||||||
3 | third-party verification systems and 3-way conference | ||||||
4 | calls may be used for verification purposes so long as the | ||||||
5 | other requirements of this paragraph (2) are satisfied. An | ||||||
6 | alternative gas supplier or alternative gas supplier's | ||||||
7 | sales representative initiating a 3-way conference call or | ||||||
8 | a call through an automated verification system must drop | ||||||
9 | off the call once the 3-way connection has been | ||||||
10 | established. All third-party verification methods shall | ||||||
11 | elicit, at a minimum, the following information: | ||||||
12 | (A) the identity of the customer; | ||||||
13 | (B) confirmation that the person on the call is | ||||||
14 | authorized to make the provider change; | ||||||
15 | (C) confirmation that the person on the call wants | ||||||
16 | to make the provider change; | ||||||
17 | (D) the names of the providers affected by the | ||||||
18 | change; | ||||||
19 | (E) the service address of the service to be | ||||||
20 | switched; and | ||||||
21 | (F) the price of the service to be provided and the | ||||||
22 | material terms and conditions of the service being | ||||||
23 | offered, including whether any early termination fees | ||||||
24 | apply. | ||||||
25 | Third-party verifiers may not market the alternative | ||||||
26 | gas supplier's services by providing additional |
| |||||||
| |||||||
1 | information. All third-party verifications shall be | ||||||
2 | conducted in the same language that was used in the | ||||||
3 | underlying sales transaction and shall be recorded in their | ||||||
4 | entirety. Submitting alternative gas suppliers shall | ||||||
5 | maintain and preserve audio records of verification of | ||||||
6 | customer authorization for a minimum period of 2 years | ||||||
7 | after obtaining the verification. Automated systems must | ||||||
8 | provide customers with an option to speak with a live | ||||||
9 | person at any time during the call. | ||||||
10 | (3) The alternative gas supplier has obtained the | ||||||
11 | customer's authorization via an automated verification | ||||||
12 | system to change natural gas service via telephone. An | ||||||
13 | automated verification system is an electronic system | ||||||
14 | that, through pre-recorded prompts, elicits voice | ||||||
15 | responses, touchtone responses, or both, from the customer | ||||||
16 | and records both the prompts and the customer's responses. | ||||||
17 | Such authorization must elicit the information in | ||||||
18 | paragraph (2)(A) through (F) of this subsection (c). | ||||||
19 | Alternative gas suppliers electing to confirm sales | ||||||
20 | electronically through an automated verification system | ||||||
21 | shall establish one or more toll-free telephone numbers | ||||||
22 | exclusively for that purpose. Calls to the number or | ||||||
23 | numbers shall connect a customer to a voice response unit, | ||||||
24 | or similar mechanism, that makes a date-stamped, | ||||||
25 | time-stamped recording of the required information | ||||||
26 | regarding the alternative gas supplier change. |
| |||||||
| |||||||
1 | The alternative gas supplier shall not use such | ||||||
2 | electronic authorization systems to market its services. | ||||||
3 | (4) When a consumer initiates the call to the | ||||||
4 | prospective alternative gas supplier, in order to enroll | ||||||
5 | the consumer as a customer, the prospective alternative gas | ||||||
6 | supplier must, with the consent of the customer, make a | ||||||
7 | date-stamped, time-stamped audio recording that elicits, | ||||||
8 | at a minimum, the following information: | ||||||
9 | (A) the identity of the customer; | ||||||
10 | (B) confirmation that the person on the call is | ||||||
11 | authorized to make the provider change; | ||||||
12 | (C) confirmation that the person on the call wants | ||||||
13 | to make the provider change; | ||||||
14 | (D) the names of the providers affected by the | ||||||
15 | change; | ||||||
16 | (E) the service address of the service to be | ||||||
17 | switched; and | ||||||
18 | (F) the price of the service to be supplied and the | ||||||
19 | material terms and conditions of the service being | ||||||
20 | offered, including whether any early termination fees | ||||||
21 | apply. | ||||||
22 | Submitting alternative gas suppliers shall maintain | ||||||
23 | and preserve the audio records containing the information | ||||||
24 | set forth above for a minimum period of 2 years. | ||||||
25 | (5) In the event that a customer enrolls for service | ||||||
26 | from an alternative gas supplier via an Internet website, |
| |||||||
| |||||||
1 | the alternative gas supplier shall obtain an | ||||||
2 | electronically signed letter of agency in accordance with | ||||||
3 | paragraph (1) of this subsection (c) and any customer | ||||||
4 | information shall be protected in accordance with all | ||||||
5 | applicable statutes and regulations. In addition, an | ||||||
6 | alternative gas supplier shall provide the following when | ||||||
7 | marketing via an Internet website: | ||||||
8 | (A) The Internet enrollment website shall, at a | ||||||
9 | minimum, include: | ||||||
10 | (i) a copy of the alternative gas supplier's | ||||||
11 | customer contract that clearly and conspicuously | ||||||
12 | discloses all terms and conditions; and | ||||||
13 | (ii) a conspicuous prompt for the customer to | ||||||
14 | print or save a copy of the contract. | ||||||
15 | (B) Any electronic version of the contract shall be | ||||||
16 | identified by version number, in order to ensure the | ||||||
17 | ability to verify the particular contract to which the | ||||||
18 | customer assents. | ||||||
19 | (C) Throughout the duration of the alternative gas | ||||||
20 | supplier's contract with a customer, the alternative | ||||||
21 | gas supplier shall retain and, within 3 business days | ||||||
22 | of the customer's request, provide to the customer an | ||||||
23 | e-mail, paper, or facsimile of the terms and conditions | ||||||
24 | of the numbered contract version to which the customer | ||||||
25 | assents. | ||||||
26 | (D) The alternative gas supplier shall provide a |
| |||||||
| |||||||
1 | mechanism by which both the submission and receipt of | ||||||
2 | the electronic letter of agency are recorded by time | ||||||
3 | and date. | ||||||
4 | (E) After the customer completes the electronic | ||||||
5 | letter of agency, the alternative gas supplier shall | ||||||
6 | disclose conspicuously through its website that the | ||||||
7 | customer has been enrolled, and the alternative gas | ||||||
8 | supplier shall provide the customer an enrollment | ||||||
9 | confirmation number. | ||||||
10 | (6) When a customer is solicited in person by the | ||||||
11 | alternative gas supplier's sales agent, the alternative | ||||||
12 | gas supplier may only obtain the customer's authorization | ||||||
13 | to change natural gas service through the method provided | ||||||
14 | for in paragraph (2) of this subsection (c). | ||||||
15 | Alternative gas suppliers must be in compliance with this | ||||||
16 | subsection (c) within 90 days after the effective date of this | ||||||
17 | amendatory Act of the 95th General Assembly. | ||||||
18 | (d) Complaints may be filed with the Commission under this | ||||||
19 | Section by a customer whose natural gas service has been | ||||||
20 | provided by an alternative gas supplier in a manner not in | ||||||
21 | compliance with subsection (c) of this Section. If, after | ||||||
22 | notice and hearing, the Commission finds that an alternative | ||||||
23 | gas supplier has violated subsection (c), then the Commission | ||||||
24 | may in its discretion do any one or more of the following: | ||||||
25 | (1) Require the violating alternative gas supplier to | ||||||
26 | refund the customer charges collected in excess of those |
| |||||||
| |||||||
1 | that would have been charged by the customer's authorized | ||||||
2 | natural gas provider. | ||||||
3 | (2) Require the violating alternative gas supplier to | ||||||
4 | pay to the customer's authorized natural gas provider the | ||||||
5 | amount the authorized natural gas provider would have | ||||||
6 | collected for natural gas service. The Commission is | ||||||
7 | authorized to reduce this payment by any amount already | ||||||
8 | paid by the violating alternative gas supplier to the | ||||||
9 | customer's authorized natural gas provider. | ||||||
10 | (3) Require the violating alternative gas supplier to | ||||||
11 | pay a fine of up to $1,000 into the Public Utility Fund for | ||||||
12 | each repeated and intentional violation of this Section. | ||||||
13 | (4) Issue a cease and desist order. | ||||||
14 | (5) For a pattern of violation of this Section or for | ||||||
15 | intentionally violating a cease and desist order, revoke | ||||||
16 | the violating alternative gas supplier's certificate of | ||||||
17 | service authority.
| ||||||
18 | (e) No alternative gas supplier shall:
| ||||||
19 | (1) enter into or employ any
arrangements which have | ||||||
20 | the effect of preventing any customer from having
access to
| ||||||
21 | the services of the gas utility in whose service area the | ||||||
22 | customer is located;
| ||||||
23 | (2) charge customers for such access;
| ||||||
24 | (3) bill for goods or services not authorized by the | ||||||
25 | customer; or | ||||||
26 | (4) bill for a disputed amount where the alternative |
| |||||||
| |||||||
1 | gas supplier has been provided notice of such dispute. The | ||||||
2 | supplier shall attempt to resolve a dispute with the | ||||||
3 | customer. When the dispute is not resolved to the | ||||||
4 | customer's satisfaction, the supplier shall inform the | ||||||
5 | customer of the right to file an informal complaint with | ||||||
6 | the Commission and provide contact information. While the | ||||||
7 | pending dispute is active at the Commission, an alternative | ||||||
8 | gas supplier may bill only for the undisputed amount until | ||||||
9 | the Commission has taken final action on the complaint. | ||||||
10 | (f) An alternative gas supplier that is certified to serve | ||||||
11 | residential
or small commercial customers shall not:
| ||||||
12 | (1) deny service to a customer or group of customers | ||||||
13 | nor
establish any differences as to prices, terms,
| ||||||
14 | conditions, services, products, facilities, or in any | ||||||
15 | other respect, whereby
such denial or differences are based | ||||||
16 | upon race, gender, or income , except as provided in Section | ||||||
17 | 19-116 ;
| ||||||
18 | (2) deny service based on locality, nor establish any | ||||||
19 | unreasonable
difference as to prices, terms, conditions, | ||||||
20 | services, products, or facilities
as
between localities;
| ||||||
21 | (3) include in any agreement a provision that obligates | ||||||
22 | a customer to the terms of the agreement if the customer | ||||||
23 | (i) moves outside the State of Illinois; (ii) moves to a | ||||||
24 | location without a transportation service program; or | ||||||
25 | (iii) moves to a location where the customer will not | ||||||
26 | require natural gas service, provided that nothing in this |
| |||||||
| |||||||
1 | subsection precludes an alternative gas supplier from | ||||||
2 | taking any action otherwise available to it to collect a | ||||||
3 | debt that arises out of service provided to the customer | ||||||
4 | before the customer moved; or | ||||||
5 | (4) assign the agreement to any alternative natural gas | ||||||
6 | supplier, unless: | ||||||
7 | (A) the supplier is an alternative gas supplier | ||||||
8 | certified by the Commission; | ||||||
9 | (B) the rates, terms, and conditions of the | ||||||
10 | agreement being assigned do not change during the | ||||||
11 | remainder of the time covered by the agreement; | ||||||
12 | (C) the customer is given no less than 30 days | ||||||
13 | prior written notice of the assignment and contact | ||||||
14 | information for the new supplier; and | ||||||
15 | (D) the supplier assigning the contract provides | ||||||
16 | contact information that a customer can use to resolve | ||||||
17 | a dispute. | ||||||
18 | (g) An alternative gas supplier shall comply with the | ||||||
19 | following requirements
with respect to the marketing, | ||||||
20 | offering, and provision of products or services:
| ||||||
21 | (1) All Any marketing materials , including, but not | ||||||
22 | limited to, electronic marketing materials, in-person | ||||||
23 | solicitations, and telephone solicitations, which make | ||||||
24 | statements concerning prices,
terms, and conditions of | ||||||
25 | service shall contain information that
adequately | ||||||
26 | discloses the prices, terms , and conditions of the products
|
| |||||||
| |||||||
1 | or services and shall disclose the utility gas supply cost | ||||||
2 | rates per therm price available from the Illinois Commerce | ||||||
3 | Commission website applicable at the time the alternative | ||||||
4 | gas supplier is offering or selling the products or | ||||||
5 | services to the customer and shall disclose the date on | ||||||
6 | which the utility gas supply cost rates per therm became | ||||||
7 | effective and the date on which they will expire. All | ||||||
8 | marketing materials, including, but not limited to, | ||||||
9 | electronic marketing materials, in-person solicitations, | ||||||
10 | and telephone solicitations, shall include the following | ||||||
11 | statement: .
| ||||||
12 | "(Name of the alternative gas supplier) is not the | ||||||
13 | same entity as your gas delivery company. You are not | ||||||
14 | required to enroll with (name of alternative gas | ||||||
15 | supplier). Beginning on (effective date), the utility | ||||||
16 | gas supply cost rate per therm is (cost). The utility | ||||||
17 | gas supply cost will expire on (expiration date). For | ||||||
18 | more information go to the Illinois Commerce | ||||||
19 | Commission's free website at | ||||||
20 | www.icc.illinois.gov/ags/consumereducation.aspx.". | ||||||
21 | This paragraph (1) does not apply to goodwill or | ||||||
22 | institutional advertising.
| ||||||
23 | (2) Before any customer is switched from another | ||||||
24 | supplier, the
alternative gas supplier shall give the | ||||||
25 | customer written information
that clearly and | ||||||
26 | conspicuously discloses, in plain language, the prices, |
| |||||||
| |||||||
1 | terms, and
conditions of the products and services being | ||||||
2 | offered and sold to the
customer. This written information | ||||||
3 | shall be provided in a language in which the customer | ||||||
4 | subject to the marketing or solicitation is able to | ||||||
5 | understand and communicate, and the alternative gas | ||||||
6 | supplier shall not switch a customer who is unable to | ||||||
7 | understand and communicate in a language in which the | ||||||
8 | marketing or solicitation was conducted. The alternative | ||||||
9 | gas supplier shall comply with Section 2N of the Consumer | ||||||
10 | Fraud and Deceptive Business Practices Act. Nothing in this | ||||||
11 | paragraph (2) may be read to relieve an alternative gas | ||||||
12 | supplier from the duties imposed on it by item (3) of | ||||||
13 | subsection (c) of Section 2DDD of the Consumer Fraud and | ||||||
14 | Deceptive Business Practices Act.
| ||||||
15 | (3) The alternative gas supplier shall provide to the | ||||||
16 | customer:
| ||||||
17 | (A) accurate, timely, and itemized billing | ||||||
18 | statements that describe
the products and services
| ||||||
19 | provided to the customer and their prices
and that | ||||||
20 | specify the
gas consumption amount and any service
| ||||||
21 | charges and taxes; provided that this item (g)(3)(A) | ||||||
22 | does not apply to small
commercial customers;
| ||||||
23 | (B) billing statements that clearly and | ||||||
24 | conspicuously discloses the name and contact | ||||||
25 | information for the alternative gas supplier; | ||||||
26 | (C) an additional
statement, at least annually, |
| |||||||
| |||||||
1 | that adequately discloses the average
monthly prices, | ||||||
2 | and the terms and conditions, of the products and
| ||||||
3 | services sold to the customer; provided that this item | ||||||
4 | (g)(3)(C) does not
apply to small commercial | ||||||
5 | customers;
| ||||||
6 | (D) refunds of any deposits with interest within 30 | ||||||
7 | days after the
date
that the customer changes gas | ||||||
8 | suppliers or discontinues service if the customer
has | ||||||
9 | satisfied all of his or her outstanding financial | ||||||
10 | obligations to the
alternative gas supplier at an | ||||||
11 | interest rate set by the Commission which shall
be the | ||||||
12 | same as that required of gas utilities; and
| ||||||
13 | (E) refunds, in a timely fashion, of all undisputed | ||||||
14 | overpayments upon
the oral or written request of the | ||||||
15 | customer.
| ||||||
16 | (4) An alternative gas supplier and its sales agents | ||||||
17 | shall refrain from any direct marketing or soliciting to | ||||||
18 | consumers on the gas utility's "Do Not Contact List", which | ||||||
19 | the alternative gas supplier shall obtain on the 15th | ||||||
20 | calendar day of the month from the gas utility in whose | ||||||
21 | service area the consumer is provided with gas service. If | ||||||
22 | the 15th calendar day is a non-business day, then the | ||||||
23 | alternative gas supplier shall obtain the list on the next | ||||||
24 | business day following the 15th calendar day of that month. | ||||||
25 | (5) Early Termination. | ||||||
26 | (A) Any agreement that contains an early |
| |||||||
| |||||||
1 | termination clause shall disclose the amount of the | ||||||
2 | early termination fee, provided that any early | ||||||
3 | termination fee or penalty shall not exceed $50 total, | ||||||
4 | regardless of whether or not the agreement is a | ||||||
5 | multiyear agreement. | ||||||
6 | (B) In any agreement that contains an early | ||||||
7 | termination clause, an alternative gas supplier shall | ||||||
8 | provide the customer the opportunity to terminate the | ||||||
9 | agreement without any termination fee or penalty | ||||||
10 | within 10 business days after the date of the first | ||||||
11 | bill issued to the customer for products or services | ||||||
12 | provided by the alternative gas supplier. The | ||||||
13 | agreement shall disclose the opportunity and provide a | ||||||
14 | toll-free phone number that the customer may call in | ||||||
15 | order to terminate the agreement. Beginning January 1, | ||||||
16 | 2020, residential and small commercial customers shall | ||||||
17 | have a right to terminate their agreements with | ||||||
18 | alternative gas suppliers at any time without any | ||||||
19 | termination fees or penalties. | ||||||
20 | (6) Within 2 business days after electronic receipt of | ||||||
21 | a customer switch from the alternative gas supplier and | ||||||
22 | confirmation of eligibility, the gas utility shall provide | ||||||
23 | the customer written notice confirming the switch. The gas | ||||||
24 | utility shall not switch the service until 10 business days | ||||||
25 | after the date on the notice to the customer. | ||||||
26 | (7) The alternative gas supplier shall provide each |
| |||||||
| |||||||
1 | customer the opportunity to rescind its agreement without | ||||||
2 | penalty within 10 business days after the date on the gas | ||||||
3 | utility notice to the customer. The alternative gas | ||||||
4 | supplier shall disclose all of the following: | ||||||
5 | (A) that the gas utility shall send a notice | ||||||
6 | confirming the switch; | ||||||
7 | (B) that from the date the utility issues the | ||||||
8 | notice confirming the switch, the customer shall have | ||||||
9 | 10 business days to rescind the switch without penalty; | ||||||
10 | (C) that the customer shall contact the gas utility | ||||||
11 | or the alternative gas supplier to rescind the switch; | ||||||
12 | and | ||||||
13 | (D) the contact information for the gas utility. | ||||||
14 | The alternative gas supplier disclosure shall be | ||||||
15 | included in its sales solicitations, contracts, and all | ||||||
16 | applicable sales verification scripts. | ||||||
17 | (8) All in-person and telephone solicitations shall be | ||||||
18 | conducted in, translated into, and provided in a language | ||||||
19 | in which the consumer subject to the marketing or | ||||||
20 | solicitation is able to understand and communicate. An | ||||||
21 | alternative gas supplier shall terminate a solicitation if | ||||||
22 | the consumer subject to the marketing or communication is | ||||||
23 | unable to understand and communicate in the language in | ||||||
24 | which the marketing or solicitation is being conducted. An | ||||||
25 | alternative gas supplier shall comply with Section 2N of | ||||||
26 | the Consumer Fraud and Deceptive Business Practices Act. |
| |||||||
| |||||||
1 | (h) An alternative gas supplier may limit the overall size | ||||||
2 | or availability
of
a
service offering by specifying one or more | ||||||
3 | of the following:
| ||||||
4 | (1) a maximum number
of
customers and maximum amount of | ||||||
5 | gas load to be served;
| ||||||
6 | (2) time period during which
the
offering will be | ||||||
7 | available; or
| ||||||
8 | (3) other comparable limitation, but not including
the
| ||||||
9 | geographic locations of customers within the area which the | ||||||
10 | alternative gas
supplier is
certificated to serve.
| ||||||
11 | The alternative gas supplier shall file the terms and
| ||||||
12 | conditions of
such service offering including the applicable | ||||||
13 | limitations with the Commission
prior to
making the service | ||||||
14 | offering available to customers.
| ||||||
15 | (i) Nothing in this Section shall be construed as | ||||||
16 | preventing an alternative
gas
supplier that is an affiliate of, | ||||||
17 | or which contracts with,
(i) an industry or
trade
organization | ||||||
18 | or association,
(ii) a membership organization or association | ||||||
19 | that
exists for
a purpose other than the purchase of gas, or
| ||||||
20 | (iii) another organization that
meets criteria
established in a | ||||||
21 | rule adopted by the Commission from offering through the
| ||||||
22 | organization
or association services at prices, terms and | ||||||
23 | conditions that are available
solely to the
members of the | ||||||
24 | organization or association.
| ||||||
25 | (Source: P.A. 95-1051, eff. 4-10-09.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/19-116 new) | ||||||
2 | Sec. 19-116. Alternative gas supplier utility assistance | ||||||
3 | recipient. | ||||||
4 | (a) Beginning January 1, 2020, an alternative gas supplier | ||||||
5 | shall not knowingly submit an enrollment to change a customer's | ||||||
6 | natural gas supplier if the gas utility's records indicate that | ||||||
7 | the customer received financial assistance in the previous 12 | ||||||
8 | months from either the Low Income Home Energy Assistance | ||||||
9 | Program or, at the time of enrollment is participating in the | ||||||
10 | Percentage of Income Payment Plan, unless the customer's change | ||||||
11 | in gas supplier is pursuant to a Commission-approved savings | ||||||
12 | guarantee plan as described in subsection (b). | ||||||
13 | (b) Beginning January 1, 2020, an alternative gas supplier | ||||||
14 | may apply to the Commission to offer a savings guarantee plan | ||||||
15 | to recipients of Low Income Home Energy Assistance Program | ||||||
16 | funding or Percentage of Income Payment Plan funding. The | ||||||
17 | Commission shall initiate a public, docketed proceeding to | ||||||
18 | consider whether or not to approve an alternative gas | ||||||
19 | supplier's application to offer a savings guarantee plan. At a | ||||||
20 | minimum, the savings guarantee plan shall charge customers for | ||||||
21 | natural gas supply at an amount that is less than the amount | ||||||
22 | charged by the gas utility. | ||||||
23 | (c) An agreement entered into between an alternative gas | ||||||
24 | supplier and a customer in violation of this Section is void | ||||||
25 | and unenforceable. Before the gas utility executes a change in | ||||||
26 | a customer's natural gas supplier, other than a change pursuant |
| |||||||
| |||||||
1 | to a Commission-approved savings guarantee plan as described in | ||||||
2 | subsection (b), the gas utility shall confirm at the time of | ||||||
3 | the request whether its records indicate that the customer has | ||||||
4 | either received financial assistance from the Low Income Home | ||||||
5 | Energy Assistance Program within the previous 12 months, or, at | ||||||
6 | the time of enrollment is participating in the Percentage of | ||||||
7 | Income Payment Plan; and if so, shall reject such change | ||||||
8 | request. Absent willful or wanton misconduct, no gas utility | ||||||
9 | shall be held liable for any error in acting or failing to act | ||||||
10 | pursuant to this Section.
| ||||||
11 | (220 ILCS 5/19-120)
| ||||||
12 | Sec. 19-120. Commission oversight of services provided by | ||||||
13 | gas
suppliers. | ||||||
14 | (a) The provisions of this Section shall apply only to | ||||||
15 | alternative gas
suppliers
serving or seeking to serve | ||||||
16 | residential or small commercial customers and
only to the | ||||||
17 | extent such
alternative gas suppliers provide services to | ||||||
18 | residential or small
commercial customers.
| ||||||
19 | (b) The Commission shall have jurisdiction in accordance | ||||||
20 | with the provisions
of Article X of this Act either to | ||||||
21 | investigate on its own motion in order to determine whether or | ||||||
22 | to entertain and dispose of any complaint against any
| ||||||
23 | alternative
gas supplier alleging that:
| ||||||
24 | (1) the alternative gas supplier has violated or is
in
| ||||||
25 | nonconformance with any applicable provisions of Section |
| |||||||
| |||||||
1 | 19-110, 19-111, 19-112, or Section
19-115;
| ||||||
2 | (2) an alternative gas supplier has failed to provide | ||||||
3 | service in
accordance with the
terms of its contract or | ||||||
4 | contracts with a customer or customers;
| ||||||
5 | (3) the
alternative
gas supplier has violated or is in | ||||||
6 | nonconformance with the transportation
services tariff
of, | ||||||
7 | or any of its agreements relating to transportation | ||||||
8 | services with, the gas
utility or
municipal system | ||||||
9 | providing transportation services; or
| ||||||
10 | (4) the
alternative gas
supplier has violated or failed | ||||||
11 | to comply with the requirements of Sections
8-201
through | ||||||
12 | 8-207, 8-301, 8-505, or 8-507 of this Act as made | ||||||
13 | applicable to
alternative gas
suppliers.
| ||||||
14 | (c) The Commission shall have authority after notice and | ||||||
15 | hearing held on
complaint or on the Commission's own motion to | ||||||
16 | order any or all of the following remedies, penalties, or forms | ||||||
17 | of relief:
| ||||||
18 | (1) order an alternative gas supplier to cease and | ||||||
19 | desist, or correct,
any violation of or nonconformance with | ||||||
20 | the provisions of Section
19-110, 19-111, 19-112, or | ||||||
21 | 19-115;
| ||||||
22 | (2) impose financial penalties for violations of or | ||||||
23 | nonconformances
with the provisions of Section 19-110, | ||||||
24 | 19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per | ||||||
25 | occurrence or (ii) $30,000 per day for those violations or
| ||||||
26 | nonconformances which continue after the Commission issues |
| |||||||
| |||||||
1 | a
cease-and-desist order; and
| ||||||
2 | (3) alter, modify, revoke, or suspend the certificate | ||||||
3 | of service
authority
of an alternative gas supplier for | ||||||
4 | substantial or repeated violations of
or nonconformances | ||||||
5 | with the provisions of Section 19-110, 19-111, 19-112, or | ||||||
6 | 19-115.
| ||||||
7 | (d) Nothing in this Act shall be construed to limit, | ||||||
8 | restrict, or
mitigate
in
any way the power and authority of the | ||||||
9 | State's Attorneys or the Attorney
General under the Consumer | ||||||
10 | Fraud and Deceptive Business Practices Act.
| ||||||
11 | (e) In addition to other powers and authority granted to it | ||||||
12 | under this Act, the Commission may require an alternative gas | ||||||
13 | supplier to enter into a compliance
plan. If the Commission | ||||||
14 | comes into possession of information causing it to conclude | ||||||
15 | that an alternative gas supplier is violating this Act or the | ||||||
16 | Commission's rules, the Commission may, after notice and | ||||||
17 | hearing, enter an order directing the alternative gas supplier | ||||||
18 | to implement practices, procedures, oversight, or other | ||||||
19 | measures or refrain from practices, conduct, or activities as | ||||||
20 | the Commission finds is necessary or reasonable to ensure the | ||||||
21 | alternative gas supplier's compliance with this Act and the | ||||||
22 | Commission's rules. Failure by an alternative gas supplier to | ||||||
23 | implement or comply with a Commission-ordered compliance plan | ||||||
24 | is a violation of this Section. The Commission, in its | ||||||
25 | discretion, may order a compliance plan under such | ||||||
26 | circumstances as it considers warranted and is not required to |
| |||||||
| |||||||
1 | order a compliance plan prior to taking other enforcement | ||||||
2 | action against an alternative retail gas supplier. Nothing in | ||||||
3 | this subsection (e) shall be interpreted to limit the authority | ||||||
4 | or right of the Attorney General. | ||||||
5 | (Source: P.A. 95-1051, eff. 4-10-09.)
| ||||||
6 | (220 ILCS 5/19-130)
| ||||||
7 | Sec. 19-130. Commission study and report. The Commission's | ||||||
8 | Office of Retail Market Development shall prepare an annual
| ||||||
9 | report regarding the
development of competitive retail natural | ||||||
10 | gas markets in Illinois. The Office shall monitor existing | ||||||
11 | competitive conditions in Illinois, identify barriers to | ||||||
12 | retail competition for all customer classes, and actively | ||||||
13 | explore and propose to the Commission and to the General | ||||||
14 | Assembly solutions to overcome identified barriers. Solutions | ||||||
15 | proposed by the Office to promote retail competition must also | ||||||
16 | promote safe, reliable, and affordable natural gas service. | ||||||
17 | On or before October 1 of each year, beginning in 2015, the | ||||||
18 | Director shall submit a report to the Commission, the General | ||||||
19 | Assembly, and the Governor, that includes, at a minimum, the | ||||||
20 | following
information:
| ||||||
21 | (1) an analysis of the status and development of the | ||||||
22 | retail natural gas
market in the State of Illinois; and | ||||||
23 | (2) a discussion of any identified barriers to the | ||||||
24 | development of competitive retail natural gas markets in | ||||||
25 | Illinois and proposed solutions to overcome identified |
| |||||||
| |||||||
1 | barriers; and
| ||||||
2 | (3) any other information the Office considers | ||||||
3 | significant in
assessing
the development of natural gas
| ||||||
4 | markets in the State of Illinois.
| ||||||
5 | Beginning in 2021, the report shall also include the | ||||||
6 | information submitted to the Commission pursuant to paragraph | ||||||
7 | (6) of subsection (b) of Section 19-115. | ||||||
8 | (Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
| ||||||
9 | (220 ILCS 5/19-135)
| ||||||
10 | Sec. 19-135. Single billing. | ||||||
11 | (a) It is the intent of the General Assembly
that in any | ||||||
12 | service
area where customers are able to choose their natural | ||||||
13 | gas supplier, a single
billing option shall be offered to | ||||||
14 | customers for both the services provided by
the alternative gas | ||||||
15 | supplier and the delivery services provided by the gas
utility. | ||||||
16 | A gas utility shall file a tariff pursuant to Article IX of | ||||||
17 | this Act
that allows alternative gas suppliers to issue single | ||||||
18 | bills to residential and
small commercial customers for both | ||||||
19 | the services provided by the alternative
gas supplier and the | ||||||
20 | delivery services provided by the gas utility to
customers; | ||||||
21 | provided that if a form of single billing is being offered in a | ||||||
22 | gas
utility's service area on the effective date of this | ||||||
23 | amendatory Act of the
92nd General Assembly, that form of | ||||||
24 | single billing shall remain in effect
unless and until | ||||||
25 | otherwise ordered by the Commission.
|
| |||||||
| |||||||
1 | (b) Every alternative gas supplier that issues a single | ||||||
2 | bill for delivery and supply shall include on the single bill | ||||||
3 | issued to a residential customer the current utility gas supply | ||||||
4 | cost rate per therm that would apply to the customer for the | ||||||
5 | billing period if the customer obtained supply from the | ||||||
6 | utility, including all fixed or monthly supply charges and | ||||||
7 | other charges, credits, or rates that are part of the gas | ||||||
8 | supply price. | ||||||
9 | (c) Every gas utility that offers supply choice and | ||||||
10 | provides delivery and alternative gas supply service on a | ||||||
11 | single bill to its residential customers shall include on the | ||||||
12 | bill of each residential customer who purchases supply services | ||||||
13 | from an alternative gas supplier the current utility gas supply | ||||||
14 | cost rate per therm that would apply to the customer for the | ||||||
15 | billing period if the customer obtained supply from the | ||||||
16 | utility, including all fixed or monthly supply charges and | ||||||
17 | other charges, credits, or rates that are part of the gas | ||||||
18 | supply price. | ||||||
19 | (Source: P.A. 92-852, eff. 8-26-02.)
| ||||||
20 | (220 ILCS 5/20-110) | ||||||
21 | Sec. 20-110. Office of Retail Market Development. Within 90 | ||||||
22 | days after the effective date of this amendatory Act of the | ||||||
23 | 94th General Assembly, subject to appropriation, the | ||||||
24 | Commission shall establish an Office of Retail Market | ||||||
25 | Development and employ on its staff a Director of Retail Market |
| |||||||
| |||||||
1 | Development to oversee the Office. The Director shall have | ||||||
2 | authority to employ or otherwise retain at least 2 | ||||||
3 | professionals dedicated to the task of actively seeking out | ||||||
4 | ways to promote retail competition in Illinois to benefit all | ||||||
5 | Illinois consumers. | ||||||
6 | The Office shall actively seek input from all interested | ||||||
7 | parties and shall develop a thorough understanding and critical | ||||||
8 | analyses of the tools and techniques used to promote retail | ||||||
9 | competition in other states. | ||||||
10 | The Office shall monitor existing competitive conditions | ||||||
11 | in Illinois, identify barriers to retail competition for all | ||||||
12 | customer classes, and actively explore and propose to the | ||||||
13 | Commission and to the General Assembly solutions to overcome | ||||||
14 | identified barriers. The Director may include municipal | ||||||
15 | aggregation of customers and creating and designing customer | ||||||
16 | choice programs as tools for retail market development. | ||||||
17 | Solutions proposed by the Office to promote retail competition | ||||||
18 | must also promote safe, reliable, and affordable electric | ||||||
19 | service. | ||||||
20 | On or before July 31 June 30 of each year, the Director | ||||||
21 | shall submit a report to the Commission, the General Assembly, | ||||||
22 | and the Governor, that details specific accomplishments | ||||||
23 | achieved by the Office in the prior 12 months in promoting | ||||||
24 | retail electric competition and that suggests administrative | ||||||
25 | and legislative action necessary to promote further | ||||||
26 | improvements in retail electric competition. On or before July |
| |||||||
| |||||||
1 | 31, 2021 and each year thereafter, the report shall include the | ||||||
2 | information submitted to the Commission pursuant to paragraph | ||||||
3 | (iii) of subsection (a) of Section 16-115A.
| ||||||
4 | (Source: P.A. 94-1095, eff. 2-2-07.)
| ||||||
5 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
6 | Practices Act is amended by changing Sections 2EE and 2DDD as | ||||||
7 | follows:
| ||||||
8 | (815 ILCS 505/2EE)
| ||||||
9 | Sec. 2EE. Alternative retail electric supplier Electric | ||||||
10 | service provider selection. | ||||||
11 | (a) An alternative retail electric supplier electric | ||||||
12 | service provider shall not submit or execute
a change in a | ||||||
13 | consumer's subscriber's selection of a provider of electric
| ||||||
14 | service unless and until : | ||||||
15 | (i) the alternative retail electric supplier provider | ||||||
16 | first discloses all material terms and conditions of the | ||||||
17 | offer to the consumer subscriber ; | ||||||
18 | (ii) if the consumer is a small commercial retail | ||||||
19 | customer as that term is defined in subsection (c) of this | ||||||
20 | Section or a residential consumer, the alternative retail | ||||||
21 | electric supplier discloses the utility electric supply | ||||||
22 | price to compare, which shall be the sum of the electric | ||||||
23 | supply charge and the transmission services charge, and | ||||||
24 | shall not include the purchased electricity adjustment, |
| |||||||
| |||||||
1 | applicable at the time the offer is made to the consumer; | ||||||
2 | (iii) if the consumer is a small commercial retail | ||||||
3 | customer as that term is defined in subsection (c) of this | ||||||
4 | Section or a residential consumer, the alternative retail | ||||||
5 | electric provider discloses the following statement: | ||||||
6 | "(Name of the alternative retail electric | ||||||
7 | supplier) is not the same entity as your electric | ||||||
8 | delivery company. You are not required to enroll with | ||||||
9 | (name of alternative retail electric supplier). As of | ||||||
10 | (effective date), the electric supply price to compare | ||||||
11 | is currently (price in cents per kilowatt hour). The | ||||||
12 | electric utility electric supply price will expire on | ||||||
13 | (expiration date). The utility electric supply price | ||||||
14 | to compare does not include the purchased electricity | ||||||
15 | adjustment factor. For more information go to the | ||||||
16 | Illinois Commerce Commission's free website at | ||||||
17 | www.pluginillinois.org.". | ||||||
18 | If applicable, the statement shall include the | ||||||
19 | following statement: | ||||||
20 | "The purchased electricity adjustment factor may | ||||||
21 | range between +.5 cents and -.5 cents per kilowatt | ||||||
22 | hour."; | ||||||
23 | (iv) the alternative retail electric supplier has | ||||||
24 | obtained the consumer's express agreement to accept the | ||||||
25 | offer after the disclosure of all material terms and | ||||||
26 | conditions of the offer; and |
| |||||||
| |||||||
1 | (v) the alternative retail electric supplier has | ||||||
2 | confirmed the request for a change in accordance with one | ||||||
3 | of the following procedures: (ii) the provider has obtained | ||||||
4 | the subscriber's express agreement to accept the offer | ||||||
5 | after the disclosure of all material terms and conditions | ||||||
6 | of the offer; and (iii) the provider has confirmed the | ||||||
7 | request for a change in accordance with one of the | ||||||
8 | following procedures:
| ||||||
9 | (A) (a) The new alternative retail electric | ||||||
10 | supplier electric service provider has obtained the | ||||||
11 | consumer's
subscriber's
written or electronically | ||||||
12 | signed
authorization in a form that meets the
following | ||||||
13 | requirements:
| ||||||
14 | (1) An alternative retail electric supplier | ||||||
15 | electric service provider shall obtain any
| ||||||
16 | necessary written or electronically signed | ||||||
17 | authorization from a consumer subscriber for a
| ||||||
18 | change in electric service by using a letter of | ||||||
19 | agency as
specified in this
Section. Any letter of | ||||||
20 | agency that does
not conform with this
Section is | ||||||
21 | invalid.
| ||||||
22 | (2) The letter of agency shall be a separate
| ||||||
23 | document (an easily separable document containing | ||||||
24 | only
the authorization language described in | ||||||
25 | subparagraph (5) (a)(5)
of this
Section ) whose | ||||||
26 | sole purpose is to authorize an
electric service |
| |||||||
| |||||||
1 | provider change. The letter of agency
must be | ||||||
2 | signed and dated by the consumer subscriber | ||||||
3 | requesting the
electric service provider change.
| ||||||
4 | (3) The letter of agency shall not be combined | ||||||
5 | with
inducements of any kind on the same document.
| ||||||
6 | (4) Notwithstanding subparagraphs (1) (a)(1) | ||||||
7 | and (2) (a)(2) of
this
Section , the letter of | ||||||
8 | agency may be combined with
checks that contain | ||||||
9 | only the required letter of agency
language | ||||||
10 | prescribed in subparagraph (5) (a)(5)
of this | ||||||
11 | Section and
the necessary information to make the | ||||||
12 | check a negotiable
instrument. The letter of | ||||||
13 | agency check shall not contain
any promotional | ||||||
14 | language or material. The letter of
agency check | ||||||
15 | shall contain in easily readable, bold-face
type | ||||||
16 | on the face of the check, a notice that the | ||||||
17 | consumer
is authorizing an electric service | ||||||
18 | provider change by
signing the check. The letter of | ||||||
19 | agency language also
shall be placed near the | ||||||
20 | signature line on the back of
the check.
| ||||||
21 | (5) At a minimum, the letter of agency must be
| ||||||
22 | printed with a print of sufficient size to be | ||||||
23 | clearly
legible, and must contain clear and | ||||||
24 | unambiguous language
that confirms:
| ||||||
25 | (i) The consumer's subscriber's billing | ||||||
26 | name and address;
|
| |||||||
| |||||||
1 | (ii) The decision to change the electric | ||||||
2 | service
provider from the current provider to | ||||||
3 | the
prospective provider;
| ||||||
4 | (iii) The terms, conditions, and nature of | ||||||
5 | the
service to be provided to the consumer | ||||||
6 | subscriber must be
clearly and conspicuously | ||||||
7 | disclosed, in writing, and
an alternative | ||||||
8 | retail electric supplier electric service | ||||||
9 | provider must directly establish
the rates for | ||||||
10 | the service contracted for by the consumer
| ||||||
11 | subscriber ; and
| ||||||
12 | (iv) That the consumer subscriber | ||||||
13 | understand that any
alternative retail | ||||||
14 | electric supplier electric service provider | ||||||
15 | selection the consumer subscriber
chooses may | ||||||
16 | involve a charge to the consumer subscriber for
| ||||||
17 | changing the consumer's subscriber's electric | ||||||
18 | service provider.
| ||||||
19 | (6) Letters of agency shall not suggest or | ||||||
20 | require
that a consumer subscriber take some | ||||||
21 | action in order to retain the consumer's
| ||||||
22 | subscriber's current electric service provider.
| ||||||
23 | (7) If any portion of a letter of agency is
| ||||||
24 | translated into another language, then all | ||||||
25 | portions of
the letter of agency must be translated | ||||||
26 | into that
language.
|
| |||||||
| |||||||
1 | (B) (b) An appropriately qualified independent | ||||||
2 | third party has obtained, in accordance with the | ||||||
3 | procedures set forth in this subsection (b), the | ||||||
4 | consumer's subscriber's oral authorization to change | ||||||
5 | electric suppliers that confirms and includes | ||||||
6 | appropriate verification data. The independent third | ||||||
7 | party (i) must not be owned, managed, controlled, or | ||||||
8 | directed by the supplier or the supplier's marketing | ||||||
9 | agent; (ii) must not have any financial incentive to | ||||||
10 | confirm supplier change requests for the supplier or | ||||||
11 | the supplier's marketing agent; and (iii) must operate | ||||||
12 | in a location physically separate from the supplier or | ||||||
13 | the supplier's marketing agent.
| ||||||
14 | Automated third-party verification systems and | ||||||
15 | 3-way conference calls may be used for verification | ||||||
16 | purposes so long as the other requirements of this | ||||||
17 | subsection (b) are satisfied. | ||||||
18 | A supplier or supplier's sales representative | ||||||
19 | initiating a 3-way conference call or a call through an | ||||||
20 | automated verification system must drop off the call | ||||||
21 | once the 3-way connection has been established. | ||||||
22 | All third-party verification methods shall elicit, | ||||||
23 | at a minimum, the following information: (i) the | ||||||
24 | identity of the consumer subscriber ; (ii) confirmation | ||||||
25 | that the person on the call is the account holder, has | ||||||
26 | been specifically and explicitly authorized by the |
| |||||||
| |||||||
1 | account holder, or possesses lawful authority | ||||||
2 | authorized to make the supplier change; (iii) | ||||||
3 | confirmation that the person on the call wants to make | ||||||
4 | the supplier change; (iv) the names of the suppliers | ||||||
5 | affected by the change; (v) the service address of the | ||||||
6 | supply to be switched; and (vi) the price of the | ||||||
7 | service to be supplied and the material terms and | ||||||
8 | conditions of the service being offered, including | ||||||
9 | whether any early termination fees apply. Third-party | ||||||
10 | verifiers may not market the supplier's services by | ||||||
11 | providing additional information, including | ||||||
12 | information regarding procedures to block or otherwise | ||||||
13 | freeze an account against further changes. | ||||||
14 | All third-party verifications shall be conducted | ||||||
15 | in the same language that was used in the underlying | ||||||
16 | sales transaction and shall be recorded in their | ||||||
17 | entirety. Submitting suppliers shall maintain and | ||||||
18 | preserve audio records of verification of subscriber | ||||||
19 | authorization for a minimum period of 2 years after | ||||||
20 | obtaining the verification. Automated systems must | ||||||
21 | provide consumers with an option to speak with a live | ||||||
22 | person at any time during the call.
Each disclosure | ||||||
23 | made during the third-party verification must be made | ||||||
24 | individually to obtain clear acknowledgment of each | ||||||
25 | disclosure. The alternative retail electric supplier | ||||||
26 | must be in a location where he or she cannot hear the |
| |||||||
| |||||||
1 | customer while the third-party verification is | ||||||
2 | conducted. The alternative retail electric supplier | ||||||
3 | shall not contact the customer after the third-party | ||||||
4 | verification for a period of 24 hours unless the | ||||||
5 | customer initiates the contact. | ||||||
6 | (C) (c) When a consumer subscriber initiates the | ||||||
7 | call to the prospective alternative retail electric | ||||||
8 | supplier electric supplier , in order to enroll the | ||||||
9 | consumer subscriber as a customer, the prospective | ||||||
10 | alternative retail electric supplier must, with the | ||||||
11 | consent of the customer, make a date-stamped, | ||||||
12 | time-stamped audio recording that elicits, at a | ||||||
13 | minimum, the following information: | ||||||
14 | (1) the identity of the customer subscriber ; | ||||||
15 | (2) confirmation that the person on the call is | ||||||
16 | authorized to make the supplier change; | ||||||
17 | (3) confirmation that the person on the call | ||||||
18 | wants to make the supplier change; | ||||||
19 | (4) the names of the suppliers affected by the | ||||||
20 | change; | ||||||
21 | (5) the service address of the supply to be | ||||||
22 | switched; and | ||||||
23 | (6) the price of the service to be supplied and | ||||||
24 | the material terms and conditions of the service | ||||||
25 | being offered, including whether any early | ||||||
26 | termination fees apply.
|
| |||||||
| |||||||
1 | Submitting suppliers shall maintain and preserve | ||||||
2 | the audio records containing the information set forth | ||||||
3 | above for a minimum period of 2 years.
| ||||||
4 | (b)(1) An alternative retail electric supplier shall not | ||||||
5 | utilize the name of a public utility in any manner that is | ||||||
6 | deceptive or misleading, including, but not limited to implying | ||||||
7 | or otherwise leading a consumer to believe that an alternative | ||||||
8 | retail electric supplier is soliciting on behalf of or is an | ||||||
9 | agent of a utility. An alternative retail electric supplier | ||||||
10 | shall not utilize the name, or any other identifying insignia, | ||||||
11 | graphics, or wording that has been used at any time to | ||||||
12 | represent a public utility company or its services, to | ||||||
13 | identify, label, or define any of its electric power and energy | ||||||
14 | service offers. An alternative retail electric supplier may | ||||||
15 | state the name of a public electric utility in order to | ||||||
16 | accurately describe the electric utility service territories | ||||||
17 | in which the supplier is currently offering an electric power | ||||||
18 | and energy service. An alternative retail electric supplier | ||||||
19 | that is the affiliate of an Illinois public utility and that | ||||||
20 | was doing business in Illinois providing alternative retail | ||||||
21 | electric service on January 1, 2016 may continue to use that | ||||||
22 | public utility's name, logo, identifying insignia, graphics, | ||||||
23 | or wording in its business operations occurring outside the | ||||||
24 | service territory of the public utility with which it is | ||||||
25 | affiliated. | ||||||
26 | (2) An alternative retail electric supplier shall not state |
| |||||||
| |||||||
1 | or otherwise imply that the alternative retail electric | ||||||
2 | supplier is employed by, representing, endorsed by, or acting | ||||||
3 | on behalf of a utility or utility program, a consumer group or | ||||||
4 | consumer group program, or a governmental body, unless the | ||||||
5 | alternative retail electric supplier has entered into a | ||||||
6 | contractual arrangement with the governmental body and has been | ||||||
7 | authorized by the governmental body to make the statements. | ||||||
8 | (c) An alternative retail electric supplier shall not | ||||||
9 | submit or execute a change in a consumer's selection of a | ||||||
10 | provider of electric service unless the alternative retail | ||||||
11 | electric supplier complies with the following requirements of | ||||||
12 | this subsection (c). It is a violation of this Section for an | ||||||
13 | alternative retail electric supplier to fail to comply with | ||||||
14 | this subsection (c). The requirements of this subsection (c) | ||||||
15 | shall only apply to residential and small commercial retail | ||||||
16 | customers. For purposes of this subsection (c) only, "small | ||||||
17 | commercial retail customer" has the meaning given to that term | ||||||
18 | in Section 16-102 of the Public Utilities Act. | ||||||
19 | (1) During a solicitation an alternative retail | ||||||
20 | electric supplier shall state that he or represents an | ||||||
21 | independent seller of electric power and energy service | ||||||
22 | certified by the Illinois Commerce Commission and that he | ||||||
23 | or she is not employed by, representing, endorsed by, or | ||||||
24 | acting on behalf of, a utility, or a utility program, a | ||||||
25 | consumer group or consumer group program, or a governmental | ||||||
26 | body, unless the alternative retail electric supplier has |
| |||||||
| |||||||
1 | entered into a contractual arrangement with the | ||||||
2 | governmental body and has been authorized with the | ||||||
3 | governmental body to make the statements. | ||||||
4 | (2) Alternative retail electric suppliers who engage | ||||||
5 | in in-person solicitation for the purpose of selling | ||||||
6 | electric power and energy service offered by the | ||||||
7 | alternative retail electric supplier shall display | ||||||
8 | identification on an outer garment. This identification | ||||||
9 | shall be visible at all times and prominently display the | ||||||
10 | following: (i) the alternative retail electric supplier | ||||||
11 | agent's full name in reasonable size font; (ii) an agent | ||||||
12 | identification number; (iii) a photograph of the | ||||||
13 | alternative retail electric supplier agent; and (iv) the | ||||||
14 | trade name and logo of the alternative retail electric | ||||||
15 | supplier the agent is representing. If the agent is selling | ||||||
16 | electric power and energy services from multiple | ||||||
17 | alternative retail electric suppliers to the consumer, the | ||||||
18 | identification shall display the trade name and logo of the | ||||||
19 | agent, broker, or consultant entity as that entity is | ||||||
20 | defined in Section 16-115C of the Public Utilities Act. An | ||||||
21 | alternative retail electric supplier shall leave the | ||||||
22 | premises at the consumer's, owner's, or occupant's | ||||||
23 | request. A copy of the Uniform Disclosure Statement | ||||||
24 | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | ||||||
25 | is to be left with the consumer, at the conclusion of the | ||||||
26 | visit unless the consumer refuses to accept a copy. An |
| |||||||
| |||||||
1 | alternative retail electric supplier may provide the | ||||||
2 | Uniform Disclosure Statement electronically instead of in | ||||||
3 | paper form to a consumer upon that customer's request. The | ||||||
4 | alternative retail electric supplier shall also offer to | ||||||
5 | the consumer, at the time of the initiation of the | ||||||
6 | solicitation, a business card or other material that lists | ||||||
7 | the agent's name, identification number and title, and the | ||||||
8 | alternative retail electric supplier's name and contact | ||||||
9 | information, including phone number. The alternative | ||||||
10 | retail electric supplier shall not conduct any in-person | ||||||
11 | solicitations of consumers at any building or premises | ||||||
12 | where any sign, notice, or declaration of any description | ||||||
13 | whatsoever is posted that prohibits sales, marketing, or | ||||||
14 | solicitations. The alternative retail electric supplier | ||||||
15 | shall obtain consent to enter multi-unit residential | ||||||
16 | dwellings. Consent obtained to enter a multi-unit dwelling | ||||||
17 | from one prospective customer or occupant of the dwelling | ||||||
18 | shall not constitute consent to market to any other | ||||||
19 | prospective consumers without separate consent. | ||||||
20 | (3) An alternative retail electric supplier who | ||||||
21 | contacts consumers by telephone for the purpose of selling | ||||||
22 | electric power and energy service shall provide the agent's | ||||||
23 | name and identification number. Any telemarketing | ||||||
24 | solicitations that lead to a telephone enrollment of a | ||||||
25 | consumer must be recorded and retained for a minimum of 2 | ||||||
26 | years. All telemarketing calls of consumers that do not |
| |||||||
| |||||||
1 | lead to a telephone enrollment, but last at least 2 | ||||||
2 | minutes, shall be recorded and retained for a minimum of 6 | ||||||
3 | months. | ||||||
4 | (4) During an inbound enrollment call, an alternative | ||||||
5 | retail electric supplier shall state that he or she | ||||||
6 | represents an independent seller of electric power and | ||||||
7 | energy service certified by the Illinois Commerce | ||||||
8 | Commission. All inbound enrollment calls that lead to an | ||||||
9 | enrollment shall be recorded, and the recordings shall be | ||||||
10 | retained for a minimum of 2 years. An inbound enrollment | ||||||
11 | call that does not lead to an enrollment, but lasts at | ||||||
12 | least 2 minutes, shall be retained for a minimum of 6 | ||||||
13 | months. The alternative retail electric supplier shall | ||||||
14 | send the Uniform Disclosure Statement and contract to the | ||||||
15 | customer within 3 business days after the electric | ||||||
16 | utility's confirmation to the alternative retail electric | ||||||
17 | supplier of an accepted enrollment. | ||||||
18 | (5) If a direct mail solicitation to a consumer | ||||||
19 | includes a written letter of agency, it shall include the | ||||||
20 | Uniform Disclosure Statement described in 83 Ill. Adm. Code | ||||||
21 | 412.115 and 412.Appendix A. The Uniform Disclosure | ||||||
22 | Statement shall be provided on a separate page from the | ||||||
23 | other marketing materials included in the direct mail | ||||||
24 | solicitation. If a written letter of agency is being used | ||||||
25 | to authorize a consumer's enrollment, the written letter of | ||||||
26 | agency shall comply with this Section. A copy of the |
| |||||||
| |||||||
1 | contract must be sent to consumer within 3 business days | ||||||
2 | after the electric utility's confirmation to the | ||||||
3 | alternative retail electric supplier of an accepted | ||||||
4 | enrollment. | ||||||
5 | (6) Online Solicitation. | ||||||
6 | (A) Each alternative retail electric supplier | ||||||
7 | offering electric power and energy service to | ||||||
8 | consumers online shall clearly and conspicuously make | ||||||
9 | all disclosures for any services offered through | ||||||
10 | online enrollment before requiring the consumer to | ||||||
11 | enter any personal information other than zip code, | ||||||
12 | electric utility service territory, or type of service | ||||||
13 | sought. | ||||||
14 | (B) Notwithstanding any requirements in this | ||||||
15 | Section to the contrary, an alternative retail | ||||||
16 | electric supplier may secure consent from the consumer | ||||||
17 | to obtain customer-specific billing and usage | ||||||
18 | information for the sole purpose of determining and | ||||||
19 | pricing a product through a letter of agency or method | ||||||
20 | approved through an Illinois Commerce Commission | ||||||
21 | docket before making all disclosure for services | ||||||
22 | offered through online enrollment. It is a violation of | ||||||
23 | this Act for an alternative retail electric supplier to | ||||||
24 | use a consumer's utility account number to execute or | ||||||
25 | change a consumer's enrollment unless the consumer | ||||||
26 | expressly consents to that enrollment as required by |
| |||||||
| |||||||
1 | law. | ||||||
2 | (C) The enrollment website of the alternative | ||||||
3 | retail electric supplier shall, at a minimum, include: | ||||||
4 | (i) disclosure of all material terms and conditions of | ||||||
5 | the offer; (ii) a statement that electronic acceptance | ||||||
6 | of the terms and conditions is an agreement to initiate | ||||||
7 | service and begin enrollment; (iii) a statement that | ||||||
8 | the consumer shall review the contract or contact the | ||||||
9 | current supplier to learn if any early termination fees | ||||||
10 | are applicable; and (iv) an email address and toll-free | ||||||
11 | phone number of the alternative retail electric | ||||||
12 | supplier where the customer can express a decision to | ||||||
13 | rescind the contract. | ||||||
14 | (7)(A) Beginning January 1, 2020, an alternative | ||||||
15 | retail electric supplier shall not sell or offer to sell | ||||||
16 | any products or services to a consumer pursuant to a | ||||||
17 | contract in which the contract automatically renews, | ||||||
18 | unless an alternative retail electric supplier provides to | ||||||
19 | the consumer at the outset of the offer, in addition to | ||||||
20 | other disclosures required by law, a separate written | ||||||
21 | statement titled "Automatic Contract Renewal" that clearly | ||||||
22 | and conspicuously discloses in bold lettering in at least | ||||||
23 | 12-point font the terms and conditions of the automatic | ||||||
24 | contract renewal provision, including: (i) the estimated | ||||||
25 | bill cycle on which the initial contract term expires and a | ||||||
26 | statement that it could be later based on when the utility |
| |||||||
| |||||||
1 | accepts the initial enrollment; (ii) the estimated bill | ||||||
2 | cycle on which the new contract term begins and a statement | ||||||
3 | that it will immediately follow the last billing cycle of | ||||||
4 | the current term; (iii) the procedure to terminate the | ||||||
5 | contract before the new contract term applies; and (iv) the | ||||||
6 | cancellation procedure. If the alternative retail electric | ||||||
7 | supplier sells or offers to sell the products or services | ||||||
8 | to a consumer during an in-person solicitation or | ||||||
9 | telemarketing solicitation, the disclosures described in | ||||||
10 | this subparagraph (A) shall also be made to the consumer | ||||||
11 | verbally during the solicitation. Nothing in this | ||||||
12 | subparagraph (A) shall be construed to apply to contracts | ||||||
13 | entered into before January 1, 2020. | ||||||
14 | (B) At least 30 days before, but not more than 60 | ||||||
15 | days prior, to the end of the initial contract term, in | ||||||
16 | any and all contracts that automatically renew after | ||||||
17 | the initial term, the alternative retail electric | ||||||
18 | supplier shall send, in addition to other disclosures | ||||||
19 | required by law, a separate written notice of the | ||||||
20 | contract renewal to the consumer that clearly and | ||||||
21 | conspicuously discloses the following: | ||||||
22 | (i) a statement printed or visible from the | ||||||
23 | outside of the envelope or in the subject line of | ||||||
24 | the email, if the customer has agreed to receive | ||||||
25 | official documents by email, that states "Contract | ||||||
26 | Renewal Notice"; |
| |||||||
| |||||||
1 | (ii) a statement in bold lettering, in at least | ||||||
2 | 12-point font, that the contract will | ||||||
3 | automatically renew unless the customer cancels | ||||||
4 | it; | ||||||
5 | (iii) the billing cycle in which service under | ||||||
6 | the current term will expire; | ||||||
7 | (iv) the billing cycle in which service under | ||||||
8 | the new term will begin; | ||||||
9 | (v) the process and options available to the | ||||||
10 | consumer to reject the new contract terms; | ||||||
11 | (vi) the cancellation process if the | ||||||
12 | consumer's contract automatically renews before | ||||||
13 | the consumer rejects the new contract terms; | ||||||
14 | (vii) the terms and conditions of the new | ||||||
15 | contract term; | ||||||
16 | (viii) for a fixed rate contract, a | ||||||
17 | side-by-side comparison of the current price and | ||||||
18 | the new price; for a variable rate contract or | ||||||
19 | time-of-use product in which the first month's | ||||||
20 | renewal price can be determined, a side-by-side | ||||||
21 | comparison of the current price and the price for | ||||||
22 | the first month of the new variable or time-of-use | ||||||
23 | price; or for a variable or time-of-use contract | ||||||
24 | based on a publicly available index, a | ||||||
25 | side-by-side comparison of the current formula and | ||||||
26 | the new formula; and |
| |||||||
| |||||||
1 | (ix) the phone number and email address to | ||||||
2 | submit a consumer inquiry or complaint to the | ||||||
3 | Illinois Commerce Commission and the Office of the | ||||||
4 | Attorney General. | ||||||
5 | (C) An alternative retail electric supplier shall | ||||||
6 | not automatically renew a consumer's enrollment after | ||||||
7 | the current term of the contract expires when the | ||||||
8 | current term of the contract provides that the consumer | ||||||
9 | will be charged a fixed rate and the renewed contract | ||||||
10 | provides that the consumer will be charged a variable | ||||||
11 | rate, unless: (i) the alternative retail electric | ||||||
12 | supplier complies with subparagraphs (A) and (B); and | ||||||
13 | (ii) the customer expressly consents to the contract | ||||||
14 | renewal in writing or by electronic signature at least | ||||||
15 | 30 days, but no more than 60 days, before the contract | ||||||
16 | expires. | ||||||
17 | (D) This paragraph (7) does not apply to customers | ||||||
18 | enrolled in a municipal aggregation program pursuant | ||||||
19 | to Section 1-92 of the Illinois Power Agency Act. | ||||||
20 | (8) All in-person and telephone solicitations shall be | ||||||
21 | conducted in, translated into, and provided in a language | ||||||
22 | in which the consumer subject to the marketing or | ||||||
23 | solicitation is able to understand and communicate. An | ||||||
24 | alternative retail electric supplier shall terminate a | ||||||
25 | solicitation if the consumer subject to the marketing or | ||||||
26 | communication is unable to understand and communicate in |
| |||||||
| |||||||
1 | the language in which the marketing or solicitation is | ||||||
2 | being conducted. An alternative retail electric supplier | ||||||
3 | shall comply with Section 2N of this Act. | ||||||
4 | (9) Beginning January 1, 2020, consumers shall have the | ||||||
5 | right to terminate their contract with the alternative | ||||||
6 | retail electric supplier at any time without any | ||||||
7 | termination fees or penalties. | ||||||
8 | (10) An alternative retail electric supplier shall not | ||||||
9 | submit a change to a customer's electric service provider | ||||||
10 | in violation of Section 16-115E of the Public Utilities | ||||||
11 | Act. | ||||||
12 | (c) (d) Complaints may be filed with the Illinois Commerce | ||||||
13 | Commission under this Section by a consumer subscriber whose | ||||||
14 | electric service has been provided by an alternative retail | ||||||
15 | electric supplier electric service supplier in a manner not in | ||||||
16 | compliance with this Section or by the Illinois Commerce | ||||||
17 | Commission on its own motion when it appears to the Commission | ||||||
18 | that an alternative retail electric supplier has provided | ||||||
19 | service in a manner not in compliance with this Section . If, | ||||||
20 | after notice and hearing, the Commission finds that an | ||||||
21 | alternative retail electric supplier electric service provider | ||||||
22 | has violated this Section, the Commission may in its discretion | ||||||
23 | do any one or more of the following: | ||||||
24 | (1) Require the violating alternative retail electric | ||||||
25 | supplier electric service provider to refund to the | ||||||
26 | consumer subscriber charges collected in excess of those |
| |||||||
| |||||||
1 | that would have been charged by the consumer's subscriber's | ||||||
2 | authorized electric service provider. | ||||||
3 | (2) Require the violating alternative retail electric | ||||||
4 | supplier electric service provider to pay to the consumer's | ||||||
5 | subscriber's authorized electric service provider supplier | ||||||
6 | the amount the authorized electric service provider | ||||||
7 | electric supplier would have collected for the electric | ||||||
8 | service. The Commission is authorized to reduce this | ||||||
9 | payment by any amount already paid by the violating | ||||||
10 | alternative retail electric supplier electric supplier to | ||||||
11 | the consumer's subscriber's authorized provider for | ||||||
12 | electric service. | ||||||
13 | (3) Require the violating alternative retail electric | ||||||
14 | supplier subscriber to pay a fine of up to $1,000 into the | ||||||
15 | Public Utility Fund for each repeated and intentional | ||||||
16 | violation of this Section. | ||||||
17 | (4) Issue a cease and desist order. | ||||||
18 | (5) For a pattern of violation of this Section or for | ||||||
19 | intentionally violating a cease and desist order, revoke | ||||||
20 | the violating alternative retail electric supplier's | ||||||
21 | provider's certificate of service authority.
| ||||||
22 | (d) (e) For purposes of this
Section : | ||||||
23 | "Electric , "electric service provider"
shall have the | ||||||
24 | meaning given that phrase in
Section 6.5 of the
Attorney | ||||||
25 | General Act.
| ||||||
26 | "Alternative retail electric supplier" has the meaning |
| |||||||
| |||||||
1 | given to that term in Section 16-102 of the Public Utilities | ||||||
2 | Act. | ||||||
3 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
4 | (815 ILCS 505/2DDD)
| ||||||
5 | Sec. 2DDD. Alternative gas suppliers. | ||||||
6 | (a) Definitions. | ||||||
7 | (1) "Alternative gas supplier" has the same meaning as | ||||||
8 | in Section 19-105 of the Public Utilities Act. | ||||||
9 | (2) "Gas utility" has the same meaning as in Section | ||||||
10 | 19-105 of the Public Utilities Act. | ||||||
11 | (b) It is an unfair or deceptive act or practice within the | ||||||
12 | meaning of Section 2 of this Act for any person to violate any | ||||||
13 | provision of this Section. | ||||||
14 | (c) Solicitation. | ||||||
15 | (1) An alternative gas supplier shall not utilize the | ||||||
16 | name of a public utility in any manner that is deceptive or | ||||||
17 | misleading, including, but not limited to, implying or | ||||||
18 | otherwise leading a customer to believe that an alternative | ||||||
19 | gas supplier is soliciting on behalf of or is an agent of a | ||||||
20 | utility. An alternative gas supplier shall not utilize the | ||||||
21 | name, or any other identifying insignia, graphics, or | ||||||
22 | wording, that has been used at any time to represent a | ||||||
23 | public utility company or its services or to identify, | ||||||
24 | label, or define any of its natural gas supply offers and | ||||||
25 | shall not misrepresent the affiliation of any alternative |
| |||||||
| |||||||
1 | supplier with the gas utility, governmental bodies, or | ||||||
2 | consumer groups. | ||||||
3 | (2) If any sales solicitation, agreement, contract, or | ||||||
4 | verification is translated into another language and | ||||||
5 | provided to a customer, all of the documents must be | ||||||
6 | provided to the customer in that other language. | ||||||
7 | (2.3) An alternative gas supplier shall state that it | ||||||
8 | represents an independent seller of gas certified by the | ||||||
9 | Illinois Commerce Commission and that he or she is not | ||||||
10 | employed by, representing, endorsed by, or acting on behalf | ||||||
11 | of a utility, or a utility program. | ||||||
12 | (2.5) All in-person and telephone solicitations shall | ||||||
13 | be conducted in, translated into, and provided in a | ||||||
14 | language in which the consumer subject to the marketing or | ||||||
15 | solicitation is able to understand and communicate. An | ||||||
16 | alternative gas supplier shall terminate a solicitation if | ||||||
17 | the consumer subject to the marketing or communication is | ||||||
18 | unable to understand and communicate in the language in | ||||||
19 | which the marketing or solicitation is being conducted. An | ||||||
20 | alternative gas supplier shall comply with Section 2N of | ||||||
21 | this Act. | ||||||
22 | (3) An alternative gas supplier shall clearly and | ||||||
23 | conspicuously disclose the following information to all | ||||||
24 | customers: | ||||||
25 | (A) the prices, terms, and conditions of the | ||||||
26 | products and services being sold to the customer; |
| |||||||
| |||||||
1 | (B) where the solicitation occurs in person, | ||||||
2 | including through door-to-door solicitation, the | ||||||
3 | salesperson's name; | ||||||
4 | (C) the alternative gas supplier's contact | ||||||
5 | information, including the address, phone number, and | ||||||
6 | website; | ||||||
7 | (D) contact information for the Illinois Commerce | ||||||
8 | Commission, including the toll-free number for | ||||||
9 | consumer complaints and website; | ||||||
10 | (E) a statement of the customer's right to rescind | ||||||
11 | the offer within 10 business days of the date on the | ||||||
12 | utility's notice confirming the customer's decision to | ||||||
13 | switch suppliers, as well as phone numbers for the | ||||||
14 | supplier and utility that the consumer may use to | ||||||
15 | rescind the contract; and | ||||||
16 | (F) the amount of the early termination fee, if | ||||||
17 | any ; and . | ||||||
18 | (G) the utility gas supply cost rates per therm | ||||||
19 | price available from the Illinois Commerce Commission | ||||||
20 | website applicable at the time the alternative gas | ||||||
21 | supplier is offering or selling the products or | ||||||
22 | services to the customer and shall disclose the | ||||||
23 | following statement: | ||||||
24 | "(Name of the alternative gas supplier) is not the | ||||||
25 | same entity as your gas delivery company. You are not | ||||||
26 | required to enroll with (name of alternative retail gas |
| |||||||
| |||||||
1 | supplier). Beginning on (effective date), the utility | ||||||
2 | gas supply cost rate per therm is (cost). The utility | ||||||
3 | gas supply cost will expire on (expiration date). For | ||||||
4 | more information go to the Illinois Commerce | ||||||
5 | Commission's free website at | ||||||
6 | www.icc.illinois.gov/ags/consumereducation.aspx.". | ||||||
7 | (4) Except as provided in paragraph (5) of this | ||||||
8 | subsection (c), an alternative gas supplier shall send the | ||||||
9 | information described in paragraph (3) of this subsection | ||||||
10 | (c) to all customers within one business day of the | ||||||
11 | authorization of a switch. | ||||||
12 | (5) An alternative gas supplier engaging in | ||||||
13 | door-to-door solicitation of consumers shall provide the | ||||||
14 | information described in paragraph (3) of this subsection | ||||||
15 | (c) during all door-to-door solicitations that result in a | ||||||
16 | customer deciding to switch their supplier. | ||||||
17 | (d) Customer Authorization. An alternative gas supplier | ||||||
18 | shall not submit or execute a change in a customer's selection | ||||||
19 | of a natural gas provider unless and until (i) the alternative | ||||||
20 | gas supplier first discloses all material terms and conditions | ||||||
21 | of the offer to the customer; (ii) the alternative gas supplier | ||||||
22 | has obtained the customer's express agreement to accept the | ||||||
23 | offer after the disclosure of all material terms and conditions | ||||||
24 | of the offer; and (iii) the alternative gas supplier has | ||||||
25 | confirmed the request for a change in accordance with one of | ||||||
26 | the following procedures: |
| |||||||
| |||||||
1 | (1) The alternative gas supplier has obtained the | ||||||
2 | customer's written or electronically signed authorization | ||||||
3 | in a form that meets the following requirements: | ||||||
4 | (A) An alternative gas supplier shall obtain any | ||||||
5 | necessary written or electronically signed | ||||||
6 | authorization from a customer for a change in natural | ||||||
7 | gas service by using a letter of agency as specified in | ||||||
8 | this Section. Any letter of agency that does not | ||||||
9 | conform with this Section is invalid. | ||||||
10 | (B) The letter of agency shall be a separate | ||||||
11 | document (or an easily separable document containing | ||||||
12 | only the authorization language described in item (E) | ||||||
13 | of this paragraph (1)) whose sole purpose is to | ||||||
14 | authorize a natural gas provider change. The letter of | ||||||
15 | agency must be signed and dated by the customer | ||||||
16 | requesting the natural gas provider change. | ||||||
17 | (C) The letter of agency shall not be combined with | ||||||
18 | inducements of any kind on the same document. | ||||||
19 | (D) Notwithstanding items (A) and (B) of this | ||||||
20 | paragraph (1), the letter of agency may be combined | ||||||
21 | with checks that contain only the required letter of | ||||||
22 | agency language prescribed in item (E) of this | ||||||
23 | paragraph (1) and the necessary information to make the | ||||||
24 | check a negotiable instrument. The letter of agency | ||||||
25 | check shall not contain any promotional language or | ||||||
26 | material. The letter of agency check shall contain in |
| |||||||
| |||||||
1 | easily readable, bold face type on the face of the | ||||||
2 | check, a notice that the consumer is authorizing a | ||||||
3 | natural gas provider change by signing the check. The | ||||||
4 | letter of agency language also shall be placed near the | ||||||
5 | signature line on the back of the check. | ||||||
6 | (E) At a minimum, the letter of agency must be | ||||||
7 | printed with a print of sufficient size to be clearly | ||||||
8 | legible, and must contain clear and unambiguous | ||||||
9 | language that confirms: | ||||||
10 | (i) the customer's billing name and address; | ||||||
11 | (ii) the decision to change the natural gas | ||||||
12 | provider from the current provider to the | ||||||
13 | prospective alternative gas supplier; | ||||||
14 | (iii) the terms, conditions, and nature of the | ||||||
15 | service to be provided to the customer, including, | ||||||
16 | but not limited to, the rates for the service | ||||||
17 | contracted for by the customer; and | ||||||
18 | (iv) that the customer understands that any | ||||||
19 | natural gas provider selection the customer | ||||||
20 | chooses may involve a charge to the customer for | ||||||
21 | changing the customer's natural gas provider. | ||||||
22 | (F) Letters of agency shall not suggest or require | ||||||
23 | that a customer take some action in order to retain the | ||||||
24 | customer's current natural gas provider. | ||||||
25 | (G) If any portion of a letter of agency is | ||||||
26 | translated into another language, then all portions of |
| |||||||
| |||||||
1 | the letter of agency must be translated into that | ||||||
2 | language. | ||||||
3 | (2) An appropriately qualified independent third party | ||||||
4 | has obtained, in accordance with the procedures set forth | ||||||
5 | in this paragraph (2), the customer's oral authorization to | ||||||
6 | change natural gas providers that confirms and includes | ||||||
7 | appropriate verification data. The independent third party | ||||||
8 | must (i) not be owned, managed, controlled, or directed by | ||||||
9 | the alternative gas supplier or the alternative gas | ||||||
10 | supplier's marketing agent; (ii) not have any financial | ||||||
11 | incentive to confirm provider change requests for the | ||||||
12 | alternative gas supplier or the alternative gas supplier's | ||||||
13 | marketing agent; and (iii) operate in a location physically | ||||||
14 | separate from the alternative gas supplier or the | ||||||
15 | alternative gas supplier's marketing agent. Automated | ||||||
16 | third-party verification systems and 3-way conference | ||||||
17 | calls may be used for verification purposes so long as the | ||||||
18 | other requirements of this paragraph (2) are satisfied. A | ||||||
19 | alternative gas supplier or alternative gas supplier's | ||||||
20 | sales representative initiating a 3-way conference call or | ||||||
21 | a call through an automated verification system must drop | ||||||
22 | off the call once the 3-way connection has been | ||||||
23 | established. All third-party verification methods shall | ||||||
24 | elicit, at a minimum, the following information: | ||||||
25 | (A) the identity of the customer; | ||||||
26 | (B) confirmation that the person on the call is |
| |||||||
| |||||||
1 | authorized to make the provider change; | ||||||
2 | (C) confirmation that the person on the call wants | ||||||
3 | to make the provider change; | ||||||
4 | (D) the names of the providers affected by the | ||||||
5 | change; | ||||||
6 | (E) the service address of the service to be | ||||||
7 | switched; and | ||||||
8 | (F) the price of the service to be provided and the | ||||||
9 | material terms and conditions of the service being | ||||||
10 | offered, including whether any early termination fees | ||||||
11 | apply. | ||||||
12 | Third-party verifiers may not market the alternative | ||||||
13 | gas supplier's services. All third-party verifications | ||||||
14 | shall be conducted in the same language that was used in | ||||||
15 | the underlying sales transaction and shall be recorded in | ||||||
16 | their entirety. Submitting alternative gas suppliers shall | ||||||
17 | maintain and preserve audio records of verification of | ||||||
18 | customer authorization for a minimum period of 2 years | ||||||
19 | after obtaining the verification. Automated systems must | ||||||
20 | provide customers with an option to speak with a live | ||||||
21 | person at any time during the call. Each disclosure made | ||||||
22 | during the third-party verification must be made | ||||||
23 | individually to obtain clear acknowledgment of each | ||||||
24 | disclosure. The alternative gas supplier must be in a | ||||||
25 | location where he or she cannot hear the customer while the | ||||||
26 | third-party verification is conducted. The alternative gas |
| |||||||
| |||||||
1 | supplier shall not contact the customer after the | ||||||
2 | third-party verification for a period of 24 hours unless | ||||||
3 | the customer initiates the contact. | ||||||
4 | (3) The alternative gas supplier has obtained the | ||||||
5 | customer's electronic authorization to change natural gas | ||||||
6 | service via telephone. Such authorization must elicit the | ||||||
7 | information in paragraph (2)(A) through (F) of this | ||||||
8 | subsection (d). Alternative gas suppliers electing to | ||||||
9 | confirm sales electronically shall establish one or more | ||||||
10 | toll-free telephone numbers exclusively for that purpose. | ||||||
11 | Calls to the number or numbers shall connect a customer to | ||||||
12 | a voice response unit, or similar mechanism, that makes a | ||||||
13 | date-stamped, time-stamped recording of the required | ||||||
14 | information regarding the alternative gas supplier change. | ||||||
15 | The alternative gas supplier shall not use such | ||||||
16 | electronic authorization systems to market its services. | ||||||
17 | (4) When a consumer initiates the call to the | ||||||
18 | prospective alternative gas supplier, in order to enroll | ||||||
19 | the consumer as a customer, the prospective alternative gas | ||||||
20 | supplier must, with the consent of the customer, make a | ||||||
21 | date-stamped, time-stamped audio recording that elicits, | ||||||
22 | at a minimum, the following information: | ||||||
23 | (A) the identity of the customer; | ||||||
24 | (B) confirmation that the person on the call is | ||||||
25 | authorized to make the provider change; | ||||||
26 | (C) confirmation that the person on the call wants |
| |||||||
| |||||||
1 | to make the provider change; | ||||||
2 | (D) the names of the providers affected by the | ||||||
3 | change; | ||||||
4 | (E) the service address of the service to be | ||||||
5 | switched; and | ||||||
6 | (F) the price of the service to be supplied and the | ||||||
7 | material terms and conditions of the service being | ||||||
8 | offered, including whether any early termination fees | ||||||
9 | apply. | ||||||
10 | Submitting alternative gas suppliers shall maintain | ||||||
11 | and preserve the audio records containing the information | ||||||
12 | set forth above for a minimum period of 2 years. | ||||||
13 | (5) In the event that a customer enrolls for service | ||||||
14 | from an alternative gas supplier via an Internet website, | ||||||
15 | the alternative gas supplier shall obtain an | ||||||
16 | electronically signed letter of agency in accordance with | ||||||
17 | paragraph (1) of this subsection (d) and any customer | ||||||
18 | information shall be protected in accordance with all | ||||||
19 | applicable statutes and rules. In addition, an alternative | ||||||
20 | gas supplier shall provide the following when marketing via | ||||||
21 | an Internet website: | ||||||
22 | (A) The Internet enrollment website shall, at a | ||||||
23 | minimum, include: | ||||||
24 | (i) a copy of the alternative gas supplier's | ||||||
25 | customer contract, which clearly and conspicuously | ||||||
26 | discloses all terms and conditions; and |
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1 | (ii) a conspicuous prompt for the customer to | ||||||
2 | print or save a copy of the contract. | ||||||
3 | (B) Any electronic version of the contract shall be | ||||||
4 | identified by version number, in order to ensure the | ||||||
5 | ability to verify the particular contract to which the | ||||||
6 | customer assents. | ||||||
7 | (C) Throughout the duration of the alternative gas | ||||||
8 | supplier's contract with a customer, the alternative | ||||||
9 | gas supplier shall retain and, within 3 business days | ||||||
10 | of the customer's request, provide to the customer an | ||||||
11 | e-mail, paper, or facsimile of the terms and conditions | ||||||
12 | of the numbered contract version to which the customer | ||||||
13 | assents. | ||||||
14 | (D) The alternative gas supplier shall provide a | ||||||
15 | mechanism by which both the submission and receipt of | ||||||
16 | the electronic letter of agency are recorded by time | ||||||
17 | and date. | ||||||
18 | (E) After the customer completes the electronic | ||||||
19 | letter of agency, the alternative gas supplier shall | ||||||
20 | disclose conspicuously through its website that the | ||||||
21 | customer has been enrolled and the alternative gas | ||||||
22 | supplier shall provide the customer an enrollment | ||||||
23 | confirmation number. | ||||||
24 | (6) When a customer is solicited in person by the | ||||||
25 | alternative gas supplier's sales agent, the alternative | ||||||
26 | gas supplier may only obtain the customer's authorization |
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1 | to change natural gas service through the method provided | ||||||
2 | for in paragraph (2) of this subsection (d). | ||||||
3 | Alternative gas suppliers must be in compliance with the | ||||||
4 | provisions of this subsection (d) within 90 days after the | ||||||
5 | effective date of this amendatory Act of the 95th General | ||||||
6 | Assembly. | ||||||
7 | (e) Early Termination. | ||||||
8 | (1) Beginning January 1, 2020, consumers shall have the | ||||||
9 | right to terminate their contract with an alternative gas | ||||||
10 | supplier at any time without any termination fees or | ||||||
11 | penalties. Any agreement that contains an early | ||||||
12 | termination clause shall disclose the amount of the early | ||||||
13 | termination fee, provided that any early termination fee or | ||||||
14 | penalty shall not exceed $50 total, regardless of whether | ||||||
15 | or not the agreement is a multiyear agreement. | ||||||
16 | (2) In any agreement that contains an early termination | ||||||
17 | clause, an alternative gas supplier shall provide the | ||||||
18 | customer the opportunity to terminate the agreement | ||||||
19 | without any termination fee or penalty within 10 business | ||||||
20 | days after the date of the first bill issued to the | ||||||
21 | customer for products or services provided by the | ||||||
22 | alternative gas supplier. The agreement shall disclose the | ||||||
23 | opportunity and provide a toll-free phone number that the | ||||||
24 | customer may call in order to terminate the agreement. | ||||||
25 | (f) The alternative gas supplier shall provide each | ||||||
26 | customer the opportunity to rescind its agreement without |
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1 | penalty within 10 business days after the date on the gas | ||||||
2 | utility notice to the customer. The alternative gas supplier | ||||||
3 | shall disclose to the customer all of the following: | ||||||
4 | (1) that the gas utility shall send a notice confirming | ||||||
5 | the switch; | ||||||
6 | (2) that from the date the utility issues the notice | ||||||
7 | confirming the switch, the customer shall have 10 business | ||||||
8 | days before the switch will become effective; | ||||||
9 | (3) that the customer may contact the gas utility or | ||||||
10 | the alternative gas supplier to rescind the switch within | ||||||
11 | 10 business days; and | ||||||
12 | (4) the contact information for the gas utility and the | ||||||
13 | alternative gas supplier. | ||||||
14 | The alternative gas supplier disclosure shall be included | ||||||
15 | in its sales solicitations, contracts, and all applicable sales | ||||||
16 | verification scripts. | ||||||
17 | (f-5)(1) Beginning January 1, 2020, an alternative gas | ||||||
18 | supplier shall not sell or offer to sell any products or | ||||||
19 | services to a consumer pursuant to a contract in which the | ||||||
20 | contract automatically renews, unless an alternative gas | ||||||
21 | supplier provides to the consumer at the outset of the | ||||||
22 | offer, in addition to other disclosures required by law, a | ||||||
23 | separate written statement titled "Automatic Contract | ||||||
24 | Renewal" that clearly and conspicuously discloses in bold | ||||||
25 | lettering in at least 12-point font the terms and | ||||||
26 | conditions of the automatic contract renewal provision, |
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1 | including: (i) the estimated bill cycle on which the | ||||||
2 | initial contract term expires and a statement that it could | ||||||
3 | be later based on when the utility accepts the initial | ||||||
4 | enrollment; (ii) the estimated bill cycle on which the new | ||||||
5 | contract term begins and a statement that it will | ||||||
6 | immediately follow the last billing cycle of the current | ||||||
7 | term; (iii) the procedure to terminate the contract before | ||||||
8 | the new contract term applies; and (iv) the cancellation | ||||||
9 | procedure. If the alternative gas supplier sells or offers | ||||||
10 | to sell the products or services to a consumer during an | ||||||
11 | in-person solicitation or telemarketing solicitation, the | ||||||
12 | disclosures described in this paragraph (1) shall also be | ||||||
13 | made to the consumer verbally during the solicitation. | ||||||
14 | Nothing in this paragraph (1) shall be construed to apply | ||||||
15 | to contracts entered into before January 1, 2020. | ||||||
16 | (2) At least 30 days before, but not more than 60 days | ||||||
17 | prior, to the end of the initial contract term, in any and | ||||||
18 | all contracts that automatically renew after the initial | ||||||
19 | term, the alternative gas supplier shall send, in addition | ||||||
20 | to other disclosures required by law, a separate written | ||||||
21 | notice of the contract renewal to the consumer that clearly | ||||||
22 | and conspicuously discloses the following: | ||||||
23 | (A) a statement printed or visible from the outside | ||||||
24 | of the envelope or in the subject line of the email, if | ||||||
25 | the customer has agreed to receive official documents | ||||||
26 | by email, that states "Contract Renewal Notice"; |
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1 | (B) a statement in bold lettering, in at least | ||||||
2 | 12-point font, that the contract will automatically | ||||||
3 | renew unless the customer cancels it; | ||||||
4 | (C) the billing cycle in which service under the | ||||||
5 | current term will expire; | ||||||
6 | (D) the billing cycle in which service under the | ||||||
7 | new term will begin; | ||||||
8 | (E) the process and options available to the | ||||||
9 | consumer to reject the new contract terms; | ||||||
10 | (F) the cancellation process if the consumer's | ||||||
11 | contract automatically renews before the consumer | ||||||
12 | rejects the new contract terms; | ||||||
13 | (G) the terms and conditions of the new contract | ||||||
14 | term; | ||||||
15 | (H) for a fixed rate or flat bill contract, a | ||||||
16 | side-by-side comparison of the current fixed rate or | ||||||
17 | flat bill to the new fixed rate or flat bill; for a | ||||||
18 | variable rate contract or time-of-use product in which | ||||||
19 | the first month's renewal price can be determined, a | ||||||
20 | side-by-side comparison of the current price and the | ||||||
21 | price for the first month of the new variable or | ||||||
22 | time-of-use price; or for a variable or time-of-use | ||||||
23 | contract based on a publicly available index, a | ||||||
24 | side-by-side comparison of the current formula and the | ||||||
25 | new formula; and | ||||||
26 | (I) the phone number and email address to submit a |
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1 | consumer inquiry or complaint to the Illinois Commerce | ||||||
2 | Commission and the Office of the Attorney General. | ||||||
3 | (3) An alternative gas supplier shall not | ||||||
4 | automatically renew a consumer's enrollment after the | ||||||
5 | current term of the contract expires when the current term | ||||||
6 | of the contract provides that the consumer will be charged | ||||||
7 | a fixed rate and the renewed contract provides that the | ||||||
8 | consumer will be charged a variable rate, unless: (i) the | ||||||
9 | alternative gas supplier complies with paragraphs (1) and | ||||||
10 | (2); and (ii) the customer expressly consents to the | ||||||
11 | contract renewal in writing or by electronic signature at | ||||||
12 | least 30 days, but no more than 60 days, before the | ||||||
13 | contract expires. | ||||||
14 | (4) An alternative gas supplier shall not submit a | ||||||
15 | change to a customer's gas service provider in violation of | ||||||
16 | Section 19-116 of the Public Utilities Act. | ||||||
17 | (g) The provisions of this Section shall apply only to | ||||||
18 | alternative gas suppliers serving or seeking to serve | ||||||
19 | residential and small commercial customers and only to the | ||||||
20 | extent such alternative gas suppliers provide services to | ||||||
21 | residential and small commercial customers.
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22 | (Source: P.A. 97-333, eff. 8-12-11.)
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