|
notice is published, the
Commission shall issue its order |
granting or denying the
application.
|
(c) An application for a certificate of service
authority |
shall identify the area or areas in which the
applicant intends |
to offer service and the types of services
it intends to offer. |
Applicants that seek to serve
residential or small commercial |
retail customers within a
geographic area that is smaller than |
an electric utility's
service area shall submit evidence |
demonstrating that the
designation of this smaller area does |
not violate Section 16-115A. An applicant
that seeks to serve |
residential or small
commercial retail customers may state in |
its application for
certification any limitations that will be |
imposed on the
number of customers or maximum load to be |
served.
|
(d) The Commission shall grant the application for a
|
certificate of service authority if it makes the findings set
|
forth in this subsection
based on the verified
application and |
such other information as the applicant may
submit:
|
(1) That the applicant possesses sufficient
technical, |
financial and managerial resources and
abilities to |
provide the service for which it seeks a
certificate of |
service authority. In determining the
level of technical, |
financial and managerial resources
and abilities which the |
applicant must demonstrate, the
Commission shall consider |
(i) the characteristics,
including the size and financial |
sophistication, of the
customers that the applicant seeks |
|
to serve, and (ii)
whether the applicant seeks to provide |
electric power and
energy using property, plant and |
equipment which it owns,
controls or operates;
|
(2) That the applicant will comply with all
applicable |
federal, State, regional and industry rules,
policies, |
practices and procedures for the use,
operation, and |
maintenance of the safety, integrity and
reliability, of |
the interconnected electric transmission
system;
|
(3) That the applicant will only provide service to
|
retail customers in an electric utility's service area
that |
are eligible to take delivery services under this
Act;
|
(4) That the applicant will comply with such
|
informational or reporting requirements as the Commission
|
may by rule establish and provide the information required |
by Section 16-112.
Any data related to
contracts for the |
purchase and sale of electric power and
energy shall be |
made available for review by the Staff of
the Commission on |
a confidential and proprietary basis
and only to the extent |
and for the purposes which the
Commission determines are |
reasonably necessary in order
to carry out the purposes of |
this Act;
|
(5) That the applicant will procure renewable energy |
resources in accordance with Section 16-115D of this Act, |
and will source electricity from clean coal facilities, as |
defined in Section 1-10 of the Illinois Power Agency Act, |
in amounts at least equal to the percentages set forth in |
|
subsections (c) and (d) of Section 1-75 of the Illinois |
Power Agency Act. For purposes of this Section:
|
(i) (Blank); |
(ii) (Blank); |
(iii) the required sourcing of electricity |
generated by clean coal facilities, other than the |
initial clean coal facility, shall be limited to the |
amount of electricity that can be procured or sourced |
at a price at or below the benchmarks approved by the |
Commission each year in accordance with item (1) of |
subsection (c) and items (1) and (5) of subsection (d) |
of Section 1-75 of the Illinois Power Agency Act; |
(iv) all alternative retail electric suppliers |
shall execute a sourcing agreement to source |
electricity from the initial clean coal facility, on |
the terms set forth in paragraphs (3) and (4) of |
subsection (d) of Section 1-75 of the Illinois Power |
Agency Act, except that in lieu of the requirements in |
subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of |
paragraph (3) of that subsection (d), the applicant |
shall execute one or more of the following: |
(1) if the sourcing agreement is a power |
purchase agreement, a contract with the initial |
clean coal facility to purchase in each hour an |
amount of electricity equal to all clean coal |
energy made available from the initial clean coal |
|
facility during such hour, which the utilities are |
not required to procure under the terms of |
subsection (d) of Section 1-75 of the Illinois |
Power Agency Act, multiplied by a fraction, the |
numerator of which is the alternative retail |
electric supplier's retail market sales of |
electricity (expressed in kilowatthours sold) in |
the State during the prior calendar month and the |
denominator of which is the total sales of |
electricity (expressed in kilowatthours sold) in |
the State by alternative retail electric suppliers |
during such prior month that are subject to the |
requirements of this paragraph (5) of subsection |
(d) of this Section and subsection (d) of Section |
1-75 of the Illinois Power Agency Act plus the |
total sales of electricity (expressed in |
kilowatthours sold) by utilities outside of their |
service areas during such prior month, pursuant to |
subsection (c) of Section 16-116 of this Act; or |
(2) if the sourcing agreement is a contract for |
differences, a contract with the initial clean |
coal facility in each hour with respect to an |
amount of electricity equal to all clean coal |
energy made available from the initial clean coal |
facility during such hour, which the utilities are |
not required to procure under the terms of |
|
subsection (d) of Section 1-75 of the Illinois |
Power Agency Act, multiplied by a fraction, the |
numerator of which is the alternative retail |
electric supplier's retail market sales of |
electricity (expressed in kilowatthours sold) in |
the State during the prior calendar month and the |
denominator of which is the total sales of |
electricity (expressed in kilowatthours sold) in |
the State by alternative retail electric suppliers |
during such prior month that are subject to the |
requirements of this paragraph (5) of subsection |
(d) of this Section and subsection (d) of Section |
1-75 of the Illinois Power Agency Act plus the |
total sales of electricity (expressed in |
kilowatthours sold) by utilities outside of their |
service areas during such prior month, pursuant to |
subsection (c) of Section 16-116 of this Act; |
(v) if, in any year after the first year of |
commercial operation, the owner of the clean coal |
facility fails to demonstrate to the Commission that |
the initial clean coal facility captured and |
sequestered at least 50% of the total carbon emissions |
that the facility would otherwise emit or that |
sequestration of emissions from prior years has |
failed, resulting in the release of carbon into the |
atmosphere, the owner of the facility must offset |
|
excess emissions. Any such carbon offsets must be |
permanent, additional, verifiable, real, located |
within the State of Illinois, and legally and |
practicably enforceable. The costs of any such offsets |
that are not recoverable shall not exceed $15 million |
in any given year. No costs of any such purchases of |
carbon offsets may be recovered from an alternative |
retail electric supplier or its customers. All carbon |
offsets purchased for this purpose and any carbon |
emission credits associated with sequestration of |
carbon from the facility must be permanently retired. |
The initial clean coal facility shall not forfeit its |
designation as a clean coal facility if the facility |
fails to fully comply with the applicable carbon |
sequestration requirements in any given year, provided |
the requisite offsets are purchased. However, the |
Attorney General, on behalf of the People of the State |
of Illinois, may specifically enforce the facility's |
sequestration requirement and the other terms of this |
contract provision. Compliance with the sequestration |
requirements and offset purchase requirements that |
apply to the initial clean coal facility shall be |
reviewed annually by an independent expert retained by |
the owner of the initial clean coal facility, with the |
advance written approval of the Attorney General; |
(vi) The Commission shall, after notice and |
|
hearing, revoke the certification of any alternative |
retail electric supplier that fails to execute a |
sourcing agreement with the initial clean coal |
facility as required by item (5) of subsection (d) of |
this Section. The sourcing agreements with this |
initial clean coal facility shall be subject to both |
approval of the initial clean coal facility by the |
General Assembly and satisfaction of the requirements |
of item (4) of subsection (d) of Section 1-75 of the |
Illinois Power Agency Act, and shall be executed within |
90 days after any such approval by the General |
Assembly. The Commission shall not accept an |
application for certification from an alternative |
retail electric supplier that has lost certification |
under this subsection (d), or any corporate affiliate |
thereof, for at least one year from the date of |
revocation;
|
(6) With respect to an applicant that seeks to serve
|
residential or small commercial retail customers, that
the |
area to be served by the applicant and any
limitations it |
proposes on the number of customers or
maximum amount of |
load to be served meet the provisions
of Section 16-115A, |
provided, that the Commission can
extend the time for |
considering such a certificate
request by up to 90 days, |
and can schedule hearings on
such a request;
|
(7) That the applicant meets the requirements of |
|
subsection (a) of Section
16-128; and
|
(8) That the applicant will comply with all other
|
applicable laws and regulations.
|
(d-5) (Blank). |
(e) A retail customer that owns a cogeneration or |
self-generation facility
and that seeks certification only to
|
provide electric power and energy from such facility to
retail |
customers at separate locations which customers are
both (i) |
owned by, or a subsidiary or other corporate
affiliate of, such |
applicant and
(ii) eligible for delivery services, shall be |
granted a
certificate of service authority upon filing an |
application
and notifying the Commission that it has entered |
into an
agreement with the relevant electric utilities pursuant |
to
Section 16-118.
Provided, however, that if the retail |
customer owning such cogeneration or
self-generation facility |
would not be charged a transition charge due to the
exemption |
provided under subsection (f) of Section 16-108 prior to the
|
certification, and the retail customers at separate locations |
are taking
delivery services in conjunction with purchasing |
power and energy from the
facility, the retail customer on |
whose premises the facility is located shall
not thereafter be |
required to pay transition charges on the power and energy
that |
such retail customer takes from the facility.
|
(f) The Commission shall have the authority to
promulgate |
rules and regulations to carry out the provisions
of this |
Section. On or before May 1, 1999, the Commission
shall adopt a |
|
rule or rules applicable to the certification of
those |
alternative retail electric suppliers that seek to serve
only |
nonresidential retail customers with maximum electrical
|
demands of one megawatt or more which shall provide for (i)
|
expedited and streamlined procedures
for certification of such |
alternative
retail electric suppliers and (ii) specific |
criteria which,
if met by any such alternative retail electric |
supplier, shall
constitute the demonstration of technical, |
financial and
managerial resources and abilities to provide |
service required
by subsection (d) (1) of this Section, such as |
a requirement
to post a bond or letter of credit, from a |
responsible surety
or financial institution, of sufficient |
size for the nature
and scope of the services to be provided; |
demonstration of
adequate insurance for the scope and nature of |
the services to
be provided; and experience in providing |
similar services in
other jurisdictions.
|
(g) An alternative retail electric supplier may seek |
confidential treatment for the following information by filing |
an affidavit with the Commission so long as the affidavit meets |
the requirements in this subsection (g): |
(1) the total annual kilowatt-hours delivered and sold |
by an alternative retail electric supplier to retail |
customers within each utility service territory and the |
total annual kilowatt-hours delivered and sold by an |
alternative retail electric supplier to retail customers |
in all utility service territories in the preceding |
|
calendar year as required by 83 Ill. Adm. Code 451.770; |
(2) the total peak demand supplied by an alternative |
retail electric supplier during the previous year in each |
utility service territory as required by 83 Ill. Adm. Code |
465.40; |
(3) a good faith estimate of the amount an alternative |
retail electric supplier expects to be obliged to pay the |
utility under single billing tariffs during the next 12 |
months and the amount of any bond or letter of credit used |
to demonstrate an alternative retail electric supplier's |
credit worthiness to provide single billing services |
pursuant to 83 Ill. Adm. Code 451.510(a) and (b). |
The affidavit must be filed contemporaneously with the |
information for which confidential treatment is sought and must |
clearly state that the affiant seeks confidential treatment |
pursuant to this subsection (g) and the information for which |
confidential treatment is sought must be clearly identified on |
the confidential version of the document filed with the |
Commission. The affidavit must be accompanied by a |
"confidential" and a "public" version of the document or |
documents containing the information for which confidential |
treatment is sought. |
If the alternative retail electric supplier has met the |
affidavit requirements of this subsection (g), then the |
Commission shall afford confidential treatment to the |
information identified in the affidavit for a period of 2 years |
|
after the date the affidavit is received by the Commission. |
Nothing in this subsection (g) prevents an alternative |
retail electric supplier from filing a petition with the |
Commission seeking confidential treatment for information |
beyond that identified in this subsection (g) or for |
information contained in other reports or documents filed with |
the Commission. |
Nothing in this subsection (g) prevents the Commission, on |
its own motion, or any party from filing a formal petition with |
the Commission seeking to reconsider the conferring of |
confidential status on an item of information afforded |
confidential treatment pursuant to this subsection (g). |
The Commission, on its own motion, may at any time initiate |
a docketed proceeding to investigate the continued |
applicability of this subsection (g) to the information |
contained in items (i), (ii), and (iii) of this subsection (g). |
If, at the end of such investigation, the Commission determines |
that a particular item of information should no longer be |
eligible for the affidavit-based process outlined in this |
subsection (g), the Commission may enter an order to remove |
that item from the list of items eligible for the process set |
forth in this subsection (g). Notwithstanding any such order, |
in the event the Commission makes such a determination, nothing |
in this subsection (g) prevents an alternative retail electric |
supplier desiring confidential treatment for such information |
from filing a formal petition with the Commission seeking |
|
confidential treatment for such information. |
(Source: P.A. 95-130, eff. 1-1-08; 95-1027, eff. 6-1-09; |
96-159, eff. 8-10-09.)
|
(220 ILCS 5/19-110)
|
Sec. 19-110. Certification of alternative gas suppliers.
|
(a) The provisions of this Section shall apply only to |
alternative gas
suppliers
serving or seeking to serve |
residential or small commercial customers and
only to the |
extent such
alternative gas suppliers provide services to |
residential or small
commercial customers.
|
(b) An alternative gas supplier must obtain a certificate |
of service
authority from the Commission in accordance with |
this Section before serving
any customer or other user located |
in this State. An alternative gas supplier
may request, and the |
Commission may grant, a certificate of service authority
for |
the entire State or for a specified geographic area of the |
State. A
person, corporation, or other entity acting as an |
alternative gas supplier on
the effective date of this |
amendatory Act of the 92nd General Assembly shall
have 180 days |
from the effective date of this amendatory Act of the 92nd
|
General Assembly to comply with the requirements of this |
Section in order to
continue to operate as an alternative gas |
supplier.
|
(c) An alternative gas supplier seeking a certificate of |
service authority
shall
file with the Commission a verified |
|
application containing information showing
that the
applicant |
meets the requirements of this Section. The alternative gas |
supplier
shall
publish notice of its application in the |
official State newspaper within 10
days following
the date of |
its filing. No later than 45 days after the application is
|
properly filed with the
Commission, and such notice is |
published, the Commission shall issue its order
granting or |
denying the application.
|
(d) An application for a certificate of service authority |
shall identify the
area or
areas in which the applicant intends |
to offer service and the types of services
it intends
to offer. |
Applicants that seek to serve residential or small commercial
|
customers within a
geographic area that is smaller than a gas |
utility's service area shall submit
evidence demonstrating |
that the designation of this smaller area does not
violate |
Section 19-115. An
applicant may
state in its application for |
certification any limitations that will be imposed
on the |
number
of customers or maximum load to be served. The applicant |
shall submit as part of its application a statement indicating:
|
(1) Whether the applicant has been denied a natural gas |
supplier license in any state in the United States. |
(2) Whether the applicant has had a natural gas |
supplier license suspended or revoked by any state in the |
United States. |
(3) Where, if any, other natural gas supplier license |
applications are pending in the United States. |
|
(4) Whether the applicant is the subject of any |
lawsuits filed in a court of law or formal complaints filed |
with a regulatory agency alleging fraud, deception or |
unfair marketing practices, or other similar allegations, |
identifying the name, case number, and jurisdiction of each |
such lawsuit or complaint. |
For the purposes of this subsection (d), formal complaints |
include only those complaints that seek a binding determination |
from a state or federal regulatory body. |
(e) The Commission shall grant the application for a |
certificate of service
authority if it makes the findings set |
forth in this subsection based on the
verified
application and |
such other information as the applicant may submit.
|
(1) That the applicant possesses sufficient technical, |
financial, and
managerial resources and abilities to |
provide the service for which it
seeks a certificate of |
service authority. In determining the level of
technical, |
financial, and managerial resources and abilities which |
the
applicant must demonstrate, the Commission shall |
consider:
|
(A) the characteristics, including the size and |
financial sophistication of the
customers that the |
applicant seeks to serve; |
(B) whether the
applicant seeks to provide gas |
using property, plant, and equipment that it
owns, |
controls, or operates; and |
|
(C) the applicant's commitment of resources to the |
management of sales and marketing staff, through |
affirmative managerial policies, independent audits, |
technology, hands-on field monitoring and training, |
and, in the case of applicants who will have sales |
personnel or sales agents within the State of Illinois, |
the applicant's managerial presence within the State.
|
(2) That the applicant will comply with all applicable |
federal, State,
regional, and industry rules, policies, |
practices, and procedures
for the use, operation, and |
maintenance of the safety, integrity, and
reliability of |
the gas transmission system.
|
(3) That the applicant will comply with such |
informational or reporting
requirements as the Commission |
may by rule establish.
|
(4) That
the area to be served by the applicant and any |
limitations it proposes on the
number of customers or |
maximum amount of load to be served meet the provisions
of |
Section 19-115, provided, that if the applicant seeks to |
serve an area
smaller than the service area of a gas |
utility or proposes other limitations
on the number of |
customers or maximum amount of load to be served, the
|
Commission can extend the time for
considering such a |
certificate request by up to 90 days, and can schedule
|
hearings on such a request.
|
(5) That the applicant and the applicant's sales agents |
|
will comply with all other applicable laws and
rules.
|
(f) The Commission can extend the time for considering such |
a certificate request by up to 90 days, and can schedule |
hearings on such a request if: |
(1) a party to the application proceeding has formally |
requested that the Commission hold hearings in a pleading |
that alleges that one or more of the allegations or |
certifications in the application is false or misleading; |
or |
(2) other facts or circumstances exist that will |
necessitate additional time or evidence in order to |
determine whether a certificate should be issued. |
(g) The Commission shall have the authority to promulgate |
rules
to carry out the provisions of this Section. Within 30 |
days after the
effective date of this amendatory Act of the |
92nd General Assembly, the
Commission shall adopt an emergency |
rule or rules applicable to the
certification of those gas |
suppliers that seek to serve residential customers.
Within 180 |
days of
the effective
date of this amendatory Act of the 92nd |
General Assembly, the Commission shall
adopt
rules that specify |
criteria which, if met by any such alternative gas
supplier, |
shall
constitute the demonstration of technical, financial, |
and managerial resources
and
abilities to provide service |
required by item (1) of subsection (e) of this
Section,
such as |
a
requirement to post a bond or letter of credit, from a |
responsible surety or
financial
institution, of sufficient |
|
size for the nature and scope of the services to be
provided,
|
demonstration of adequate insurance for the scope and nature of |
the services to
be
provided, and experience in providing |
similar services in other
jurisdictions.
|
(h) The Commission may deny with prejudice any application |
that repeatedly fails to include the attachments, |
documentation, and affidavits required by the application form |
or that repeatedly fails to provide any other information |
required by this Section. |
(i) An alternative gas supplier may seek confidential |
treatment for the reporting to the Commission of its total |
annual dekatherms delivered and sold by it to residential and |
small commercial customers by utility service territory during |
the preceding year via the filing of an affidavit with the |
Commission so long as the affidavit meets the requirements of |
this subsection (i).
The affidavit must be filed |
contemporaneously with the information for which confidential |
treatment is sought and must clearly state that the affiant |
seeks confidential treatment pursuant to this subsection (i) |
and the information for which confidential treatment is sought |
must be clearly identified on the confidential version of the |
document filed with the Commission. The affidavit must be |
accompanied by both a "confidential" and a "public" version of |
the document or documents containing the information for which |
confidential treatment is sought. |
If the alternative gas supplier has met the affidavit |
|
requirements of this subsection (i), then the Commission shall |
afford confidential treatment to the information identified in |
the affidavit for a period of 2 years after the date the |
affidavit is received by the Commission. |
Nothing in this subsection (i) prevents an alternative gas |
supplier from filing a petition with the Commission seeking |
confidential treatment for information beyond that identified |
in this subsection (i) or for information contained in other |
reports or documents filed with the Commission. |
Nothing in this subsection (i) prevents the Commission, on |
its own motion, or any party from filing a formal petition with |
the Commission seeking to reconsider the conferring of |
confidential status pursuant to this subsection (i). |
The Commission, on its own motion, may at any time initiate |
a docketed proceeding to investigate the continued |
applicability of this affidavit-based process for seeking |
confidential treatment. If, at the end of such investigation, |
the Commission determines that this affidavit-based process |
for seeking confidential treatment for the information is no |
longer necessary, the Commission may enter an order to that |
effect. Notwithstanding any such order, in the event the |
Commission makes such a determination, nothing in this |
subsection (i) prevents an alternative gas supplier desiring |
confidential treatment for such information from filing a |
formal petition with the Commission seeking confidential |
treatment for such information. |
