Bill Text: IL SB2084 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Authorizes the Illinois Commerce Commission to extend the time for considering a certificate of service authority request by an alternative retail electric supplier under specified circumstances. Adds to the findings the Commission must make when granting a certificate of service authority for an alternative retail electric supplier. Requires an alternative retail electric supplier and an alternative gas supplier to provide the Commission and Attorney General the rates it charged to residential customers in the prior quarter. Requires an alternative retail electric supplier's marketing materials that include a price per kilowatt-hour for competitive electricity service include a specific statement that the alternative retail electric supplier is not the same entity as the customer's electric utility delivery company and directing the customer to the Commission's website. Requires an alternative retail electric supplier to provide notices to residential customers concerning certain rate changes. Provides that complaints against an alternative retail electric supplier may be filed with the Commission. Provides that the Commission shall ensure alternative retail electric suppliers and alternative gas suppliers have proper training in place to prohibit impersonation of a utility, investigate complaints, and impose fines for each incident. Provides that the Commission may establish a program for promising expanded use of energy savings programs for residential and small commercial customers. Amends the Consumer Fraud and Deceptive Business Practices Act. In provisions concerning electric service provider selection, provides that suppliers shall maintain and preserve an electronic version of third-party verifications if automated. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2084 Detail]

Download: Illinois-2019-SB2084-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2084 Introduced 2/15/2019, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
See Index
Amends the Public Utilities Act. Authorizes the Illinois Commerce Commission to extend the time for considering a certificate of service authority request by an alternative retail electric supplier under specified circumstances. Adds to the findings the Commission must make when granting a certificate of service authority for an alternative retail electric supplier. Requires an alternative retail electric supplier and an alternative gas supplier to provide the Commission and Attorney General the rates it charged to residential customers in the prior quarter. Requires an alternative retail electric supplier's marketing materials that include a price per kilowatt-hour for competitive electricity service include a specific statement that the alternative retail electric supplier is not the same entity as the customer's electric utility delivery company and directing the customer to the Commission's website. Requires an alternative retail electric supplier to provide notices to residential customers concerning certain rate changes. Provides that complaints against an alternative retail electric supplier may be filed with the Commission. Provides that the Commission shall ensure alternative retail electric suppliers and alternative gas suppliers have proper training in place to prohibit impersonation of a utility, investigate complaints, and impose fines for each incident. Provides that the Commission may establish a program for promising expanded use of energy savings programs for residential and small commercial customers. Amends the Consumer Fraud and Deceptive Business Practices Act. In provisions concerning electric service provider selection, provides that suppliers shall maintain and preserve an electronic version of third-party verifications if automated. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 19-115,
19-135, and 20-110 and by adding Section 20-140 as follows:
(220 ILCS 5/16-115)
Sec. 16-115. Certification of alternative retail electric
suppliers.
(a) Any alternative retail electric supplier must obtain a
certificate of service authority from the Commission in
accordance with this Section before serving any retail customer
or other user located in this State. An alternative retail
electric 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.
(b) An alternative retail electric 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 retail electric 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

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the application is properly filed with the Commission, and such
notice is published, the Commission shall issue its order
granting or denying the application. The Commission may extend
the time for considering a certificate of service authority
request by up to 90 days and may schedule hearings on the
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) any other facts or circumstances exist that will
necessitate additional time or evidence in order to
determine whether a certificate of service authority
should be issued.
(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

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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, and (iii)
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

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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

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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

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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

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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

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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

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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 is not the subject of any
lawsuit 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

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such lawsuit or complaint. For the purposes of this item
(8), "formal complaints" include only those complaints
that seek a binding determination from a state or federal
regulatory body;
(9) That the applicant shall continue to comply with
requirements for certification stated in Section 16-115;
(10) That the applicant seeking to service all eligible
retail customers shall execute and maintain a license or
permit bond issued by a qualifying surety or insurance
company authorized to transact business in the State of
Illinois in favor of the People of the State of Illinois.
The amount of the bond is $600,000, and the bond is
conditioned upon the full and faithful performance of all
duties and obligations of the applicant as an alternative
retail electric supplier and is valid for a period of not
less than one year. The cost of the bond shall be paid by
the applicant. The applicant shall file a copy of this
bond, with a notarized verification page from the issuer,
as part of its application for certification under 83 Ill.
Adm. Code 451.50 and as a condition for continuing
compliance with certification requirements for alternative
retail electric suppliers under 83 Ill. Adm. Code
451.Subpart H; and
(11) (8) That the applicant will comply with all other
applicable laws and regulations.
The Commission may deny with prejudice an application in

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which the applicant repeatedly fails to provide the Commission
with information sufficient for the Commission to grant the
application.
(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

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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

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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

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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

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confidential treatment for such information.
(Source: P.A. 99-332, eff. 8-10-15.)
(220 ILCS 5/16-115A)
Sec. 16-115A. Obligations of alternative retail electric
suppliers.
(a) An alternative retail electric supplier shall:
(i) comply with the requirements imposed on public
utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
8-507 of this Act, to the extent that these Sections have
application to the services being offered by the
alternative retail electric supplier; and
(ii) continue to comply with the requirements for
certification stated in subsection (d) of Section 16-115;
and .
(iii) submit to the Commission and the Office of the
Attorney General, on January 1, 2020 and the first day of
each quarter thereafter, the rates the alternative retail
electric supplier charged to residential customers in the
prior quarter, including each distinct rate charged and
whether the rate was a fixed or variable rate, the basis
for the variable rate, and any fees charged in addition to
the supply rate, including monthly fees, flat fees, or
other service charges.
The Commission is authorized to adopt rules to implement
this subsection.

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(b) An alternative retail electric supplier shall obtain
verifiable authorization from a customer, in a form or manner
approved by the Commission consistent with Section 2EE of the
Consumer Fraud and Deceptive Business Practices Act, before the
customer is switched from another supplier.
(c) No alternative retail electric supplier, or electric
utility other than the electric utility in whose service area a
customer is located, shall (i) enter into or employ any
arrangements which have the effect of preventing a retail
customer with a maximum electrical demand of less than one
megawatt from having access to the services of the electric
utility in whose service area the customer is located or (ii)
charge retail customers for such access. This subsection shall
not be construed to prevent an arms-length agreement between a
supplier and a retail customer that sets a term of service,
notice period for terminating service and provisions governing
early termination through a tariff or contract as allowed by
Section 16-119.
(d) An alternative retail electric supplier that is
certified to serve residential or small commercial retail
customers shall not:
(1) deny service to a customer or group of customers
nor establish any differences as to prices, terms,
conditions, services, products, facilities, or in any
other respect, whereby such denial or differences are based
upon race, gender or income.

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(2) deny service to a customer or group of customers
based on locality nor establish any unreasonable
difference as to prices, terms, conditions, services,
products, or facilities as between localities.
(e) An alternative retail electric supplier shall comply
with the following requirements with respect to the marketing,
offering and provision of products or services to residential
and small commercial retail customers:
(i) Any marketing materials which make statements
concerning prices, terms and conditions of service shall
contain information that adequately discloses the prices,
terms and conditions of the products or services that the
alternative retail electric supplier is offering or
selling to the customer. All marketing materials,
including electronic marketing materials, that include a
price per kilowatt-hour for competitive electricity
service shall include the following statement: "(Name of
alternative retail electric supplier) is not the same
entity as your electric utility delivery company. You are
not required to enroll with (name of alternative retail
electric supplier). For information on comparison rates
for utility electric supply service and understanding your
electric supply choices, go to the Illinois Commerce
Commission's free website at www.pluginillinois.org.". Any
alternative retail electric supplier solicitations or
materials marketing electric power or energy services to a

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residential customer that contains a price per
kilowatt-hour shall include a Price to Compare reflecting
the fully avoidable costs of a typical customer, using a
methodology to calculate the Price to Compare that the
Commission shall adopt by rule. The Commission shall make
the Price to Compare available on the Commission's
pluginillinois.org website. The Commission is authorized
to adopt emergency rules to implement this paragraph. This
paragraph (i) does not apply to materials that do not list
a price per kilowatt-hour for competitive electricity
services or to billboards.
(ii) Before any customer is switched from another
supplier, the alternative retail electric supplier shall
give the customer written information that adequately
discloses, in plain language, the prices, terms and
conditions of the products and services being offered and
sold to the customer.
(iii) An alternative retail electric supplier shall
provide documentation to the Commission and to customers
that substantiates any claims made by the alternative
retail electric supplier regarding the technologies and
fuel types used to generate the electricity offered or sold
to customers.
(iv) The alternative retail electric supplier shall
provide to the customer (1) itemized billing statements
that describe the products and services provided to the

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customer and their prices, and (2) an additional statement,
at least annually, that adequately discloses the average
monthly prices, and the terms and conditions, of the
products and services sold to the customer.
(v) No less than 30 days before a residential
customer's variable rate changes, the alternative retail
electric supplier shall send a separate written notice to
the customer informing the customer of an upcoming rate
change if the residential variable rate customer's rate
increases by more than 20% from one monthly billing period
to the next. This requirement does not apply if the
variable rate can be determined based on some combination
of: (1) publicly available information, such as an index,
and (2) a formula provided by the alternative retail
electric supplier in the contract using only publicly
available information or for time of use based pricing. A
customer shall have the right to choose to receive the
notice in electronic or paper form, including an option to
receive notice via login through an online account with the
alternative retail electric supplier.
(vi) The alternative retail electric supplier shall
send a separate written notice if a residential customer's
contract includes a provision that results in a change to
the residential customer's rate plan of the upcoming change
at least 30 days, but no more than 60 days, before the
change. The separate written notice shall conform to the

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requirements in 83 Ill. Adm. Code 412.165(e). A customer
shall have the right to choose to receive the notice in
electronic or paper form, including an option to receive
notice via login through an online account with the
alternative retail electric supplier.
(vii) In the case of an automatic renewal of a contract
for which the initial term is a fixed price and that
changes after the initial term, an alternative retail
electric supplier shall provide a written notice to the
customer at least 30 days but no more than 60 days before
the end of the initial contract term that shall include a
side-by-side comparison of the current price and the price
for the first month of the new term.
For purposes of this subsection (e), "variable" means the
per-unit charge for electric power and energy service changes
at any time during the term of the contract but do not change
more than once per billing period.
(f) An alternative retail electric supplier may limit the
overall size or availability of a service offering by
specifying one or more of the following: a maximum number of
customers, maximum amount of electric load to be served, time
period during which the offering will be available, or other
comparable limitation, but not including the geographic
locations of customers within the area which the alternative
retail electric supplier is certificated to serve. The
alternative retail electric supplier shall file the terms and

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conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(g) Nothing in this Section shall be construed as
preventing an alternative retail electric supplier, which is an
affiliate of, or which contracts with, (i) an industry or trade
organization or association, (ii) a membership organization or
association that exists for a purpose other than the purchase
of electricity, or (iii) another organization that meets
criteria established in a rule adopted by the Commission, from
offering through the organization or association services at
prices, terms and conditions that are available solely to the
members of the organization or association.
(h) An alternative retail electric supplier shall maintain
sufficient managerial resources and abilities to provide the
service for which it has a certificate of service authority. In
determining the level of managerial resources and abilities
that the alternative retail electric supplier shall
demonstrate, the Commission shall consider, in addition to the
requirements in subsection (d) of Section 16-115, the
following:
(1) complaints to the Commission by consumers
regarding the alternative retail electric supplier,
including those that reflect on the alternative retail
electric supplier's ability to properly manage
solicitation and authorization; and

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(2) the alternative retail electric supplier's
involvement in the Commission's consumer complaint
process, including the resources the alternative retail
electric supplier dedicates to the process and the
alternative retail electric supplier's ability to manage
the issues raised by complaints and the resolutions of the
complaints.
The provisions of this subsection (h) apply only to
alternative retail electric suppliers serving or seeking to
serve residential or small commercial customers and only to the
extent those alternative retail electric suppliers provide
services to residential or small commercial customers, unless
otherwise noted.
For purposes of this subsection (h), "complaint" means an
objection made to an alternative retail electric supplier by a
customer as to its charges, facilities, or service, the
disposal of which requires investigation or analysis.
"Complaint" includes a customer identifying and asking an
alternative retail electric supplier to address or resolve a
problem or concern. "Complaint" does not include contact that
is limited to inquiry or seeking information; however, the
definition of "complaint" for this purpose shall not be read or
interpreted to limit in any way the Commission's authority to
accept and seek resolution of informal complaints or inquiries
of any description submitted by a residential customer or small
business customer regarding an alternative retail electric

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supplier.
(i) Complaints may be filed with the Commission under this
Section and Section 10-108 by a customer whose electric supply
service has been provided by an alternative electric supplier
in a manner not in compliance with subsection (b), (d), (e), or
(h) if the customer has first sought resolution of the dispute
arising from the non-compliant conduct complained of through
the Commission's informal complaint process. If, after notice
and hearing, the Commission finds that an alternative retail
electric supplier has violated subsection (b), (d), (e), or
(h), then the Commission may, in its discretion, do any one or
more of the following:
(1) require the violating alternative retail electric
supplier to refund the customer charges collected in excess
of those that would have been charged by the customer's
authorized electric provider;
(2) require the violating alternative retail electric
supplier to pay a fine of $5,000 for each violation;
(3) issue a cease and desist order; or
(4) for a pattern of violations or for intentionally
violating a cease and desist order, revoke the violating
alternative retail electric supplier's certificate of
service authority.
(j) All fines shall be deposited into the Public Utilities
Fund.
(k) The Commission shall ensure alternative retail

SB2084 - 24 - LRB101 07402 JRG 52442 b
electric suppliers have proper training in place to prohibit
impersonation of a utility. The Commission shall investigate
complaints of any company or its agents impersonating a
utility. A company contracting with or that employs a sales
agent found to be impersonating a utility shall be fined $5,000
for each incident.
As used in this subsection:
"Impersonation" means wearing apparel or carrying items
using the utility name or logo with the intent of misleading
the customer into believing the agent is acting on behalf of or
working for the utility.
"Company" includes an alternative retail electric supplier
and any agent, broker, consultant, or other entity hired to
sell retail electricity services.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-115B)
Sec. 16-115B. Commission oversight of services provided by
alternative retail electric suppliers.
(a) The Commission shall have jurisdiction in accordance
with the provisions of Article X of this Act to entertain and
dispose of any complaint against any alternative retail
electric supplier alleging (i) that the alternative retail
electric supplier has violated or is in nonconformance with any
applicable provisions of Section 16-115 through Section
16-115A; (ii) that an alternative retail electric supplier

SB2084 - 25 - LRB101 07402 JRG 52442 b
serving retail customers having maximum demands of less than
one megawatt has failed to provide service in accordance with
the terms of its contract or contracts with such customer or
customers; (iii) that the alternative retail electric supplier
has violated or is in non-conformance with the delivery
services tariff of, or any of its agreements relating to
delivery services with, the electric utility, municipal
system, or electric cooperative providing delivery services;
or (iv) that the alternative retail electric supplier has
violated or failed to comply with the requirements of Sections
8-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made
applicable to alternative retail electric suppliers.
(b) In addition to other powers and authority granted it
under this Act, the Commission is authorized to require an
alternative retail electric supplier to enter into a compliance
plan. If the Commission comes into possession of information
causing it to conclude that an alternative retail electric
supplier is violating this Act or the Commission's rules, the
Commission may, after notice and hearing, enter an order
directing the alternative retail electric supplier to
implement such practices, procedures, oversight, or other
measures or refrain from such practices, conduct, or activities
as the Commission finds is necessary or reasonable to ensure
the alternative retail electric supplier's compliance with the
Act and the Commission's rules. Failure by an alternative
retail electric supplier to implement or comply with a

SB2084 - 26 - LRB101 07402 JRG 52442 b
Commission-ordered compliance plan is a violation of this
Section. The Commission, in its discretion, may order a
compliance plan under such circumstances as it considers
warranted and is not required to order a compliance plan prior
to taking other enforcement action against an alternative
retail electric supplier.
(c) (b) The Commission shall have authority, after notice
and hearing held on complaint or on the Commission's own
motion, to do any one or more of the following:
(1) If the Commission finds sufficient evidence of a
repeated pattern of conduct or circumstances that is
contrary to Section 16-115A or 83 Adm. Ill. Code Part 412
and that constitutes a significant likelihood of
substantial harm to customers, the public interest, or an
adequately functioning market, it may issue an informal
notice, without initiating a docketed proceeding, to the
alternative retail electric supplier to show cause why an
order to cease and desist should not be entered against the
alternative retail electric supplier. The Commission's
informal notice shall clearly set forth the evidence relied
upon by the Commission, including, but not limited to, the
provisions in subsection (d) of Section 16-115 and
subsection (h) of Section 16-115A. The Commission shall
allow the alternative retail electric supplier at least 3
and no more than 5 business days from the date of the
informal notice to file an answer to the satisfaction of

SB2084 - 27 - LRB101 07402 JRG 52442 b
the Commission. Failure of the alternative retail electric
supplier to answer to the satisfaction of the Commission
shall cause an order to cease and desist to be issued
immediately by the Commission.
(2) Order (1) To order an alternative retail electric
supplier to cease and desist, or correct, any violation of
or non-conformance with the provisions of Section 16-115 or
16-115A. ;
(3) Impose (2) To impose financial penalties for
violations of or non-conformances with the provisions of
Section 16-115 or 16-115A, not to exceed (i) $10,000 per
occurrence or (ii) $30,000 per day for those violations or
non-conformances which continue after the Commission
issues a cease and desist order. ; and
(4) Alter (3) To alter, modify, revoke, or suspend the
certificate of service authority of an alternative retail
electric supplier for substantial or repeated violations
of or non-conformances with the provisions of Section
16-115 or 16-115A.
(d) In assessing a penalty against an alternative retail
electric supplier under any provision of this Article XVI, the
Commission may consider the following factors, in addition to
any other factor or consideration that the Commission in its
discretion considers to bear on the nature or gravity of the
violation:
(1) the nature of the violations found and the

SB2084 - 28 - LRB101 07402 JRG 52442 b
alternative retail electric supplier's history of
substantiated complaints or adjudicated violations;
(2) the alternative retail electric supplier's
culpability;
(3) existence or strength of compliance and internal
monitoring programs;
(4) whether the alternative retail electric supplier
made a good faith effort to compensate consumers harmed;
and
(5) any context-appropriate factors that the
Commission deems appropriate.
(e) All fines shall be deposited into the Public Utilities
Fund.
(f) The Commission shall conduct at least one mandatory
compliance education workshop annually for alternative retail
electric suppliers that service retail and small commercial
retail customers in an electric utility's service area
regarding statutory and rule requirements, consumer complaint
statistics, and any other information determined necessary by
the Commission. Completion of the Commission's compliance
workshop by an alternative retail electric supplier, as
determined by the Commission, must be in person and is a
condition for continuing compliance with certification
requirements for an alternative retail electric supplier under
83 Ill. Adm. Code 451.Subpart H.
(Source: P.A. 90-561, eff. 12-16-97.)

SB2084 - 29 - LRB101 07402 JRG 52442 b
(220 ILCS 5/16-118)
Sec. 16-118. Services provided by electric utilities to
alternative retail electric suppliers.
(a) It is in the best interest of Illinois energy consumers
to promote fair and open competition in the provision of
electric power and energy and to prevent anticompetitive
practices in the provision of electric power and energy.
Therefore, to the extent an electric utility provides electric
power and energy or delivery services to alternative retail
electric suppliers and such services are not subject to the
jurisdiction of the Federal Energy Regulatory Commission, and
are not competitive services, they shall be provided through
tariffs that are filed with the Commission, pursuant to Article
IX of this Act. Each electric utility shall permit alternative
retail electric suppliers to interconnect facilities to those
owned by the utility provided they meet established standards
for such interconnection, and may provide standby or other
services to alternative retail electric suppliers. The
alternative retail electric supplier shall sign a contract
setting forth the prices, terms and conditions for
interconnection with the electric utility and the prices, terms
and conditions for services provided by the electric utility to
the alternative retail electric supplier in connection with the
delivery by the electric utility of electric power and energy
supplied by the alternative retail electric supplier.

SB2084 - 30 - LRB101 07402 JRG 52442 b
(b) An electric utility shall file a tariff pursuant to
Article IX of the Act that would allow alternative retail
electric suppliers or electric utilities other than the
electric utility in whose service area retail customers are
located to issue single bills to the retail customers for both
the services provided by such alternative retail electric
supplier or other electric utility and the delivery services
provided by the electric utility to such customers. The tariff
filed pursuant to this subsection shall (i) require partial
payments made by retail customers to be credited first to the
electric utility's tariffed services, (ii) impose commercially
reasonable terms with respect to credit and collection,
including requests for deposits, (iii) retain the electric
utility's right to disconnect the retail customers, if it does
not receive payment for its tariffed services, in the same
manner that it would be permitted to if it had billed for the
services itself, and (iv) require the alternative retail
electric supplier or other electric utility that elects the
billing option provided by this tariff to include on each bill
to retail customers an identification of the electric utility
providing the delivery services and a listing of the charges
applicable to such services. The tariff filed pursuant to this
subsection may also include other just and reasonable terms and
conditions. In addition, an electric utility, an alternative
retail electric supplier or electric utility other than the
electric utility in whose service area the customer is located,

SB2084 - 31 - LRB101 07402 JRG 52442 b
and a customer served by such alternative retail electric
supplier or other electric utility, may enter into an agreement
pursuant to which the alternative retail electric supplier or
other electric utility pays the charges specified in Section
16-108, or other customer-related charges, including taxes and
fees, in lieu of such charges being recovered by the electric
utility directly from the customer.
(c) An electric utility with more than 100,000 customers
shall file a tariff pursuant to Article IX of this Act that
provides alternative retail electric suppliers, and electric
utilities other than the electric utility in whose service area
the retail customers are located, with the option to have the
electric utility purchase their receivables for power and
energy service provided to residential retail customers and
non-residential retail customers with a non-coincident peak
demand of less than 400 kilowatts. Receivables for power and
energy service of alternative retail electric suppliers or
electric utilities other than the electric utility in whose
service area the retail customers are located shall be
purchased by the electric utility at a just and reasonable
discount rate to be reviewed and approved by the Commission
after notice and hearing. The discount rate shall be based on
the electric utility's historical bad debt and any reasonable
start-up costs and administrative costs associated with the
electric utility's purchase of receivables. The discounted
rate for purchase of receivables shall be included in the

SB2084 - 32 - LRB101 07402 JRG 52442 b
tariff filed pursuant to this subsection (c). The discount rate
filed pursuant to this subsection (c) shall be subject to
periodic Commission review. The electric utility retains the
right to impose the same terms on retail customers with respect
to credit and collection, including requests for deposits, and
retain the electric utility's right to disconnect the retail
customers, if it does not receive payment for its tariffed
services or purchased receivables, in the same manner that it
would be permitted to if the retail customers purchased power
and energy from the electric utility. The tariff filed pursuant
to this subsection (c) shall permit the electric utility to
recover from retail customers any uncollected receivables that
may arise as a result of the purchase of receivables under this
subsection (c), may also include other just and reasonable
terms and conditions, and shall provide for the prudently
incurred costs associated with the provision of this service
pursuant to this subsection (c). Nothing in this subsection (c)
permits the double recovery of bad debt expenses from
customers.
(d) An electric utility with more than 100,000 customers
shall file a tariff pursuant to Article IX of this Act that
would provide alternative retail electric suppliers or
electric utilities other than the electric utility in whose
service area retail customers are located with the option to
have the electric utility produce and provide single bills to
the retail customers for both the electric power and energy

SB2084 - 33 - LRB101 07402 JRG 52442 b
service provided by the alternative retail electric supplier or
other electric utility and the delivery services provided by
the electric utility to the customers. The tariffs filed
pursuant to this subsection shall require the electric utility
to collect and remit customer payments for electric power and
energy service provided by alternative retail electric
suppliers or electric utilities other than the electric utility
in whose service area retail customers are located. The tariff
filed pursuant to this subsection shall require the electric
utility to include on each bill to retail customers an
identification of the alternative retail electric supplier or
other electric utility that elects the billing option. The
tariff filed pursuant to this subsection (d) may also include
other just and reasonable terms and conditions and shall
provide for the recovery of prudently incurred costs associated
with the provision of service pursuant to this subsection (d).
The costs associated with the provision of service pursuant to
this Section shall be subject to periodic Commission review.
(e) An electric utility with more than 100,000 customers in
this State shall file a tariff pursuant to Article IX of this
Act that provides alternative retail electric suppliers, and
electric utilities other than the electric utility in whose
service area the retail customers are located, with the option
to have the electric utility purchase 2 billing cycles worth of
uncollectible receivables for power and energy service
provided to residential retail customers and to

SB2084 - 34 - LRB101 07402 JRG 52442 b
non-residential retail customers with a non-coincident peak
demand of less than 400 kilowatts upon returning that customer
to that electric utility for delivery and energy service after
that alternative retail electric supplier, or an electric
utility other than the electric utility in whose service area
the retail customer is located, has made reasonable collection
efforts on that account. Uncollectible receivables for power
and energy service of alternative retail electric suppliers, or
electric utilities other than the electric utility in whose
service area the retail customers are located, shall be
purchased by the electric utility at a just and reasonable
discount rate to be reviewed and approved by the Commission,
after notice and hearing. The discount rate shall be based on
the electric utility's historical bad debt for receivables that
are outstanding for a similar length of time and any reasonable
start-up costs and administrative costs associated with the
electric utility's purchase of receivables. The discounted
rate for purchase of uncollectible receivables shall be
included in the tariff filed pursuant to this subsection (e).
The electric utility retains the right to impose the same terms
on these retail customers with respect to credit and
collection, including requests for deposits, and retains the
right to disconnect these retail customers, if it does not
receive payment for its tariffed services or purchased
receivables, in the same manner that it would be permitted to
if the retail customers had purchased power and energy from the

SB2084 - 35 - LRB101 07402 JRG 52442 b
electric utility. The tariff filed pursuant to this subsection
(e) shall permit the electric utility to recover from retail
customers any uncollectable receivables that may arise as a
result of the purchase of uncollectible receivables under this
subsection (e), may also include other just and reasonable
terms and conditions, and shall provide for the prudently
incurred costs associated with the provision of this service
pursuant to this subsection (e). Nothing in this subsection (e)
permits the double recovery of utility bad debt expenses from
customers. The electric utility may file a joint tariff for
this subsection (e) and subsection (c) of this Section.
(f) Every alternative retail electric supplier or electric
utility other than the electric utility in whose service area
retail customers are located that issue single bills to the
retail customers for the services provided by such alternative
retail electric supplier or other electric utility and the
delivery services provided by the electric utility to such
customers shall include on the single bills issued to
residential customers the current utility supply charge that
would apply to the customer for the billing period if the
customer obtained supply from the utility, including all fixed
or monthly supply charges and other charges, credits, or rates
that are part of the electric supply price.
(g) Every electric utility that provides delivery and
supply services shall include on each bill to residential
customers who obtain supply from an alternative retail electric

SB2084 - 36 - LRB101 07402 JRG 52442 b
supplier the electric utility's total supply charge that would
apply to the customer for the billing period if the customer
obtained supply from the utility, including all fixed or
monthly supply charges and other charges, credits, or rates
that are part of the electric supply price.
(Source: P.A. 95-700, eff. 11-9-07.)
(220 ILCS 5/16-119)
Sec. 16-119. Switching suppliers.
(a) An electric utility or an alternative retail electric
supplier may establish a term of service, notice period for
terminating service and provisions governing early termination
through a tariff or contract. A customer may change its
supplier subject to tariff or contract terms and conditions.
Any notice provisions; or provision for a fee, charge or
penalty with early termination of a contract; shall be
conspicuously disclosed in any tariff or contract. Any tariff
filed or contract renewed or entered into on and after the
effective date of this amendatory Act of the 99th General
Assembly that contains an early termination clause shall
disclose the amount of the early termination fee or penalty,
provided that any early termination fee or penalty shall not
exceed $50 total for residential customers and $150 for small
commercial retail customers as defined in Section 16-102 of
this Act, regardless of whether or not the tariff or contract
is a multiyear tariff or contract. A customer shall remain

SB2084 - 37 - LRB101 07402 JRG 52442 b
responsible for any unpaid charges owed to an electric utility
or alternative retail electric supplier at the time it switches
to another provider.
The caps on early termination fees and penalties under this
Section shall apply only to early termination fees and
penalties for early termination of electric service. The caps
shall not apply to charges or fees for devices, equipment, or
other services provided by the utility or alternative retail
electric supplier.
(b) Notwithstanding the requirements of subsection (a),
each electric utility shall, within 90 days after the effective
date of this amendatory Act of the 101st General Assembly,
modify its tariff carrying out this Section to reflect the
following:
(1) No customer who is receiving Low-Income Home Energy
Assistance Program funds may be switched to an alternative
retail electric supplier except subject to a government
aggregation program or to an order entered by the
Commission that approves a Low-Income Home Energy
Assistance Program savings guarantee plan for alternative
retail electric supplier offerings.
(2) If an alternative retail electric supplier
attempts to enroll a Low-Income Home Energy Assistance
Program customer other than through a government
aggregation program or an order entered by the Commission
that approves a Low-Income Energy Assistance Program

SB2084 - 38 - LRB101 07402 JRG 52442 b
savings guarantee plan for alternative retail electric
supplier offerings, the electric utility shall deny the
supplier switch and inform the alternative retail electric
supplier of the reason.
(Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
(220 ILCS 5/19-115)
Sec. 19-115. Obligations of alternative gas suppliers.
(a) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential or small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential or small commercial customers.
(b) An alternative gas supplier shall:
(1) comply with the requirements imposed on public
utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
8-507 of this Act, to the extent that these Sections have
application to the services being offered by the
alternative gas supplier;
(2) continue to comply with the requirements for
certification stated in Section 19-110;
(3) comply with complaint procedures established by
the Commission;
(4) except as provided in subsection (h) of this
Section, file with the Chief Clerk of the Commission,
within 20 business days after the effective date of this

SB2084 - 39 - LRB101 07402 JRG 52442 b
amendatory Act of the 95th General Assembly, a copy of bill
formats, standard customer contract and customer complaint
and resolution procedures, and the name and telephone
number of the company representative whom Commission
employees may contact to resolve customer complaints and
other matters. In the case of a gas supplier that engages
in door-to-door solicitation, the company shall file with
the Commission the consumer information disclosure
required by item (3) of subsection (c) of Section 2DDD of
the Consumer Fraud and Deceptive Business Practices Act and
shall file updated information within 10 business days
after changes in any of the documents or information
required to be filed by this item (4); and
(5) maintain a customer call center where customers can
reach a representative and receive current information. At
least once every 6 months, each alternative gas supplier
shall provide written information to customers explaining
how to contact the call center. The average answer time for
calls placed to the call center shall not exceed 60 seconds
where a representative or automated system is ready to
render assistance and/or accept information to process
calls. The abandon rate for calls placed to the call center
shall not exceed 10%. Each alternative gas supplier shall
maintain records of the call center's telephone answer time
performance and abandon call rate. These records shall be
kept for a minimum of 2 years and shall be made available

SB2084 - 40 - LRB101 07402 JRG 52442 b
to Commission personnel upon request. In the event that
answer times and/or abandon rates exceed the limits
established above, the reporting alternative gas supplier
may provide the Commission or its personnel with
explanatory details. At a minimum, these records shall
contain the following information in monthly increments:
(A) total number of calls received;
(B) number of calls answered;
(C) average answer time;
(D) number of abandoned calls; and
(E) abandon call rate; and .
(6) submit to the Commission and the Office of the
Attorney General, on January 1, 2020 and the first day of
each quarter thereafter, the rates the alternative gas
supplier charged to residential customers in the prior
quarter, including each distinct rate charged and whether
the rate was a fixed or variable rate, the basis for the
variable rate, and any fees charged in addition to the
supply rate, including monthly fees, flat fees, or other
service charges; the Commission is authorized to adopt
rules to implement this paragraph (6).
Alternative gas suppliers that do not have electronic
answering capability that meets these requirements shall
notify the Manager of the Commission's Consumer Services
Division or its successor within 30 days following the
effective date of this amendatory Act of the 95th General

SB2084 - 41 - LRB101 07402 JRG 52442 b
Assembly and work with Staff to develop individualized
reporting requirements as to the call volume and responsiveness
of the call center.
On or before March 1 of every year, each entity shall file
a report with the Chief Clerk of the Commission for the
preceding calendar year on its answer time and abandon call
rate for its call center. A copy of the report shall be sent to
the Manager of the Consumer Services Division or its successor.
(c) An alternative gas supplier shall not submit or execute
a change in a customer's selection of a natural gas provider
unless and until (i) the alternative gas supplier first
discloses all material terms and conditions of the offer to the
customer; (ii) the alternative gas supplier has obtained the
customer's express agreement to accept the offer after the
disclosure of all material terms and conditions of the offer;
and (iii) the alternative gas supplier has confirmed the
request for a change in accordance with one of the following
procedures:
(1) The alternative gas supplier has obtained the
customer's written or electronically signed authorization
in a form that meets the following requirements:
(A) An alternative gas supplier shall obtain any
necessary written or electronically signed
authorization from a customer for a change in natural
gas service by using a letter of agency as specified in
this Section. Any letter of agency that does not

SB2084 - 42 - LRB101 07402 JRG 52442 b
conform with this Section is invalid.
(B) The letter of agency shall be a separate
document (or an easily separable document containing
only the authorization language described in item (E)
of this paragraph (1)) whose sole purpose is to
authorize a natural gas provider change. The letter of
agency must be signed and dated by the customer
requesting the natural gas provider change.
(C) The letter of agency shall not be combined with
inducements of any kind on the same document.
(D) Notwithstanding items (A) and (B) of this
paragraph (1), the letter of agency may be combined
with checks that contain only the required letter of
agency language prescribed in item (E) of this
paragraph (1) and the necessary information to make the
check a negotiable instrument. The letter of agency
check shall not contain any promotional language or
material. The letter of agency check shall contain in
easily readable, bold face type on the face of the
check a notice that the consumer is authorizing a
natural gas provider change by signing the check. The
letter of agency language also shall be placed near the
signature line on the back of the check.
(E) At a minimum, the letter of agency must be
printed with a print of sufficient size to be clearly
legible and must contain clear and unambiguous

SB2084 - 43 - LRB101 07402 JRG 52442 b
language that confirms:
(i) the customer's billing name and address;
(ii) the decision to change the natural gas
provider from the current provider to the
prospective alternative gas supplier;
(iii) the terms, conditions, and nature of the
service to be provided to the customer, including,
but not limited to, the rates for the service
contracted for by the customer; and
(iv) that the customer understands that any
natural gas provider selection the customer
chooses may involve a charge to the customer for
changing the customer's natural gas provider.
(F) Letters of agency shall not suggest or require
that a customer take some action in order to retain the
customer's current natural gas provider.
(G) If any portion of a letter of agency is
translated into another language, then all portions of
the letter of agency must be translated into that
language.
(2) An appropriately qualified independent third party
has obtained, in accordance with the procedures set forth
in this paragraph (2), the customer's oral authorization to
change natural gas providers that confirms and includes
appropriate verification data. The independent third party
must (i) not be owned, managed, controlled, or directed by

SB2084 - 44 - LRB101 07402 JRG 52442 b
the alternative gas supplier or the alternative gas
supplier's marketing agent; (ii) not have any financial
incentive to confirm provider change requests for the
alternative gas supplier or the alternative gas supplier's
marketing agent; and (iii) operate in a location physically
separate from the alternative gas supplier or the
alternative gas supplier's marketing agent. Automated
third-party verification systems and 3-way conference
calls may be used for verification purposes so long as the
other requirements of this paragraph (2) are satisfied. An
alternative gas supplier or alternative gas supplier's
sales representative initiating a 3-way conference call or
a call through an automated verification system must drop
off the call once the 3-way connection has been
established. All third-party verification methods shall
elicit, at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) the price of the service to be provided and the

SB2084 - 45 - LRB101 07402 JRG 52442 b
material terms and conditions of the service being
offered, including whether any early termination fees
apply.
Third-party verifiers may not market the alternative
gas supplier's services by providing additional
information. All third-party verifications shall be
conducted in the same language that was used in the
underlying sales transaction and shall be recorded in their
entirety. Submitting alternative gas suppliers shall
maintain and preserve audio records of verification of
customer authorization for a minimum period of 2 years
after obtaining the verification. Automated systems must
provide customers with an option to speak with a live
person at any time during the call.
(3) The alternative gas supplier has obtained the
customer's authorization via an automated verification
system to change natural gas service via telephone. An
automated verification system is an electronic system
that, through pre-recorded prompts, elicits voice
responses, touchtone responses, or both, from the customer
and records both the prompts and the customer's responses.
Such authorization must elicit the information in
paragraph (2)(A) through (F) of this subsection (c).
Alternative gas suppliers electing to confirm sales
electronically through an automated verification system
shall establish one or more toll-free telephone numbers

SB2084 - 46 - LRB101 07402 JRG 52442 b
exclusively for that purpose. Calls to the number or
numbers shall connect a customer to a voice response unit,
or similar mechanism, that makes a date-stamped,
time-stamped recording of the required information
regarding the alternative gas supplier change.
The alternative gas supplier shall not use such
electronic authorization systems to market its services.
(4) When a consumer initiates the call to the
prospective alternative gas supplier, in order to enroll
the consumer as a customer, the prospective alternative gas
supplier must, with the consent of the customer, make a
date-stamped, time-stamped audio recording that elicits,
at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) the price of the service to be supplied and the
material terms and conditions of the service being
offered, including whether any early termination fees
apply.

SB2084 - 47 - LRB101 07402 JRG 52442 b
Submitting alternative gas suppliers shall maintain
and preserve the audio records containing the information
set forth above for a minimum period of 2 years.
(5) In the event that a customer enrolls for service
from an alternative gas supplier via an Internet website,
the alternative gas supplier shall obtain an
electronically signed letter of agency in accordance with
paragraph (1) of this subsection (c) and any customer
information shall be protected in accordance with all
applicable statutes and regulations. In addition, an
alternative gas supplier shall provide the following when
marketing via an Internet website:
(A) The Internet enrollment website shall, at a
minimum, include:
(i) a copy of the alternative gas supplier's
customer contract that clearly and conspicuously
discloses all terms and conditions; and
(ii) a conspicuous prompt for the customer to
print or save a copy of the contract.
(B) Any electronic version of the contract shall be
identified by version number, in order to ensure the
ability to verify the particular contract to which the
customer assents.
(C) Throughout the duration of the alternative gas
supplier's contract with a customer, the alternative
gas supplier shall retain and, within 3 business days

SB2084 - 48 - LRB101 07402 JRG 52442 b
of the customer's request, provide to the customer an
e-mail, paper, or facsimile of the terms and conditions
of the numbered contract version to which the customer
assents.
(D) The alternative gas supplier shall provide a
mechanism by which both the submission and receipt of
the electronic letter of agency are recorded by time
and date.
(E) After the customer completes the electronic
letter of agency, the alternative gas supplier shall
disclose conspicuously through its website that the
customer has been enrolled, and the alternative gas
supplier shall provide the customer an enrollment
confirmation number.
(6) When a customer is solicited in person by the
alternative gas supplier's sales agent, the alternative
gas supplier may only obtain the customer's authorization
to change natural gas service through the method provided
for in paragraph (2) of this subsection (c).
Alternative gas suppliers must be in compliance with this
subsection (c) within 90 days after the effective date of this
amendatory Act of the 95th General Assembly.
Notwithstanding the requirements under this subsection
(c), each natural gas utility shall, within 90 days after the
effective date of this amendatory Act of the 101st General
Assembly, modify its tariff carrying out this Section to

SB2084 - 49 - LRB101 07402 JRG 52442 b
reflect the following:
(i) No customer who is receiving Low-Income Home Energy
Assistance Program funds may be switched to an alternative
gas supplier except subject to government aggregation
programs or to an order entered by the Commission that
approves a Low-Income Home Energy Assistance savings
guarantee plan for alternative gas supplier offerings.
(ii) If an alternative gas supplier attempts to enroll
a Low-Income Home Energy Assistance Program customer other
than through a government aggregation program or an order
entered by the Commission that approves a Low-Income Home
Energy Assistance Program savings guarantee plan for
alternative gas supplier offerings, the natural gas
utility shall deny the supplier switch and inform the
alternative gas supplier of the reason.
(d) Complaints may be filed with the Commission under this
Section by a customer whose natural gas service has been
provided by an alternative gas supplier in a manner not in
compliance with subsection (c) of this Section. If, after
notice and hearing, the Commission finds that an alternative
gas supplier has violated subsection (c), then the Commission
may in its discretion do any one or more of the following:
(1) Require the violating alternative gas supplier to
refund the customer charges collected in excess of those
that would have been charged by the customer's authorized
natural gas provider.

SB2084 - 50 - LRB101 07402 JRG 52442 b
(2) Require the violating alternative gas supplier to
pay to the customer's authorized natural gas provider the
amount the authorized natural gas provider would have
collected for natural gas service. The Commission is
authorized to reduce this payment by any amount already
paid by the violating alternative gas supplier to the
customer's authorized natural gas provider.
(3) Require the violating alternative gas supplier to
pay a fine of up to $1,000 into the Public Utility Fund for
each repeated and intentional violation of this Section.
(4) Issue a cease and desist order.
(5) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating alternative gas supplier's certificate of
service authority.
(e) No alternative gas supplier shall:
(1) enter into or employ any arrangements which have
the effect of preventing any customer from having access to
the services of the gas utility in whose service area the
customer is located;
(2) charge customers for such access;
(3) bill for goods or services not authorized by the
customer; or
(4) bill for a disputed amount where the alternative
gas supplier has been provided notice of such dispute. The
supplier shall attempt to resolve a dispute with the

SB2084 - 51 - LRB101 07402 JRG 52442 b
customer. When the dispute is not resolved to the
customer's satisfaction, the supplier shall inform the
customer of the right to file an informal complaint with
the Commission and provide contact information. While the
pending dispute is active at the Commission, an alternative
gas supplier may bill only for the undisputed amount until
the Commission has taken final action on the complaint.
(f) An alternative gas supplier that is certified to serve
residential or small commercial customers shall not:
(1) deny service to a customer or group of customers
nor establish any differences as to prices, terms,
conditions, services, products, facilities, or in any
other respect, whereby such denial or differences are based
upon race, gender, or income;
(2) deny service based on locality, nor establish any
unreasonable difference as to prices, terms, conditions,
services, products, or facilities as between localities;
(3) include in any agreement a provision that obligates
a customer to the terms of the agreement if the customer
(i) moves outside the State of Illinois; (ii) moves to a
location without a transportation service program; or
(iii) moves to a location where the customer will not
require natural gas service, provided that nothing in this
subsection precludes an alternative gas supplier from
taking any action otherwise available to it to collect a
debt that arises out of service provided to the customer

SB2084 - 52 - LRB101 07402 JRG 52442 b
before the customer moved; or
(4) assign the agreement to any alternative natural gas
supplier, unless:
(A) the supplier is an alternative gas supplier
certified by the Commission;
(B) the rates, terms, and conditions of the
agreement being assigned do not change during the
remainder of the time covered by the agreement;
(C) the customer is given no less than 30 days
prior written notice of the assignment and contact
information for the new supplier; and
(D) the supplier assigning the contract provides
contact information that a customer can use to resolve
a dispute.
(g) An alternative gas supplier shall comply with the
following requirements with respect to the marketing,
offering, and provision of products or services:
(1) Any marketing materials which make statements
concerning prices, terms, and conditions of service shall
contain information that adequately discloses the prices,
terms and conditions of the products or services.
(2) Before any customer is switched from another
supplier, the alternative gas supplier shall give the
customer written information that clearly and
conspicuously discloses, in plain language, the prices,
terms, and conditions of the products and services being

SB2084 - 53 - LRB101 07402 JRG 52442 b
offered and sold to the customer. Nothing in this paragraph
(2) may be read to relieve an alternative gas supplier from
the duties imposed on it by item (3) of subsection (c) of
Section 2DDD of the Consumer Fraud and Deceptive Business
Practices Act.
(3) The alternative gas supplier shall provide to the
customer:
(A) accurate, timely, and itemized billing
statements that describe the products and services
provided to the customer and their prices and that
specify the gas consumption amount and any service
charges and taxes; provided that this item (g)(3)(A)
does not apply to small commercial customers;
(B) billing statements that clearly and
conspicuously discloses the name and contact
information for the alternative gas supplier;
(C) an additional statement, at least annually,
that adequately discloses the average monthly prices,
and the terms and conditions, of the products and
services sold to the customer; provided that this item
(g)(3)(C) does not apply to small commercial
customers;
(D) refunds of any deposits with interest within 30
days after the date that the customer changes gas
suppliers or discontinues service if the customer has
satisfied all of his or her outstanding financial

SB2084 - 54 - LRB101 07402 JRG 52442 b
obligations to the alternative gas supplier at an
interest rate set by the Commission which shall be the
same as that required of gas utilities; and
(E) refunds, in a timely fashion, of all undisputed
overpayments upon the oral or written request of the
customer.
(4) An alternative gas supplier and its sales agents
shall refrain from any direct marketing or soliciting to
consumers on the gas utility's "Do Not Contact List", which
the alternative gas supplier shall obtain on the 15th
calendar day of the month from the gas utility in whose
service area the consumer is provided with gas service. If
the 15th calendar day is a non-business day, then the
alternative gas supplier shall obtain the list on the next
business day following the 15th calendar day of that month.
(5) Early Termination.
(A) Any agreement that contains an early
termination clause shall disclose the amount of the
early termination fee, provided that any early
termination fee or penalty shall not exceed $50 total,
regardless of whether or not the agreement is a
multiyear agreement.
(B) In any agreement that contains an early
termination clause, an alternative gas supplier shall
provide the customer the opportunity to terminate the
agreement without any termination fee or penalty

SB2084 - 55 - LRB101 07402 JRG 52442 b
within 10 business days after the date of the first
bill issued to the customer for products or services
provided by the alternative gas supplier. The
agreement shall disclose the opportunity and provide a
toll-free phone number that the customer may call in
order to terminate the agreement.
(6) Within 2 business days after electronic receipt of
a customer switch from the alternative gas supplier and
confirmation of eligibility, the gas utility shall provide
the customer written notice confirming the switch. The gas
utility shall not switch the service until 10 business days
after the date on the notice to the customer.
(7) The alternative gas supplier shall provide each
customer the opportunity to rescind its agreement without
penalty within 10 business days after the date on the gas
utility notice to the customer. The alternative gas
supplier shall disclose all of the following:
(A) that the gas utility shall send a notice
confirming the switch;
(B) that from the date the utility issues the
notice confirming the switch, the customer shall have
10 business days to rescind the switch without penalty;
(C) that the customer shall contact the gas utility
or the alternative gas supplier to rescind the switch;
and
(D) the contact information for the gas utility.

SB2084 - 56 - LRB101 07402 JRG 52442 b
The alternative gas supplier disclosure shall be
included in its sales solicitations, contracts, and all
applicable sales verification scripts.
(h) An alternative gas supplier may limit the overall size
or availability of a service offering by specifying one or more
of the following:
(1) a maximum number of customers and maximum amount of
gas load to be served;
(2) time period during which the offering will be
available; or
(3) other comparable limitation, but not including the
geographic locations of customers within the area which the
alternative gas supplier is certificated to serve.
The alternative gas supplier shall file the terms and
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(i) Nothing in this Section shall be construed as
preventing an alternative gas supplier that is an affiliate of,
or which contracts with, (i) an industry or trade organization
or association, (ii) a membership organization or association
that exists for a purpose other than the purchase of gas, or
(iii) another organization that meets criteria established in a
rule adopted by the Commission from offering through the
organization or association services at prices, terms and
conditions that are available solely to the members of the

SB2084 - 57 - LRB101 07402 JRG 52442 b
organization or association.
(j) The Commission shall ensure alternative gas suppliers
have proper training in place to prohibit impersonation of a
utility. The Commission shall investigate complaints of any
company or its agents impersonating a utility. A company
contracting with or that employs a sales agent found to be
impersonating a utility shall be fined $5,000 for each
incident.
As used in this subsection:
"Impersonation" means wearing apparel or carrying items
using the utility name or logo with the intent of misleading
the customer into believing the agent is acting on behalf of or
working for the utility.
"Company" includes an alternative gas supplier and any
agent, broker, consultant, or other entity hired to sell
natural gas services.
(Source: P.A. 95-1051, eff. 4-10-09.)
(220 ILCS 5/19-135)
Sec. 19-135. Single billing.
(a) It is the intent of the General Assembly that in any
service area where customers are able to choose their natural
gas supplier, a single billing option shall be offered to
customers for both the services provided by the alternative gas
supplier and the delivery services provided by the gas utility.
A gas utility shall file a tariff pursuant to Article IX of

SB2084 - 58 - LRB101 07402 JRG 52442 b
this Act that allows alternative gas suppliers to issue single
bills to residential and small commercial customers for both
the services provided by the alternative gas supplier and the
delivery services provided by the gas utility to customers;
provided that if a form of single billing is being offered in a
gas utility's service area on the effective date of this
amendatory Act of the 92nd General Assembly, that form of
single billing shall remain in effect unless and until
otherwise ordered by the Commission. Every alternative gas
supplier that issues a single bill for delivery and supply
shall include on the single bill issued to a residential
customer the current utility supply charge that would apply to
the customer for the billing period if the customer obtained
supply from the utility, including all fixed or monthly supply
charges and other charges, credits, or rates that are part of
the gas supply price.
(b) Every gas utility that offers supply choice and
provides delivery and alternative gas supply service on a
single bill to its residential customers shall include on the
bill of each residential customer who purchases supply services
from an alternative gas supplier the gas utility's total supply
charge for the billing period that would apply to the customer
for the billing period if the customer obtained supply from the
utility, including all fixed or monthly supply charges and
other charges, credits, or rates that are part of the gas
supply price.

SB2084 - 59 - LRB101 07402 JRG 52442 b
(Source: P.A. 92-852, eff. 8-26-02.)
(220 ILCS 5/20-110)
Sec. 20-110. Office of Retail Market Development. Within 90
days after the effective date of this amendatory Act of the
94th General Assembly, subject to appropriation, the
Commission shall establish an Office of Retail Market
Development and employ on its staff a Director of Retail Market
Development to oversee the Office. The Director shall have
authority to employ or otherwise retain at least 2
professionals dedicated to the task of actively seeking out
ways to promote retail competition in Illinois to benefit all
Illinois consumers.
The Office shall actively seek input from all interested
parties and shall develop a thorough understanding and critical
analyses of the tools and techniques used to promote retail
competition in other states.
The Office shall monitor existing competitive conditions
in Illinois, identify barriers to retail competition for all
customer classes, and actively explore and propose to the
Commission and to the General Assembly solutions to overcome
identified barriers. The Director may include municipal
aggregation of customers and creating and designing customer
choice programs as tools for retail market development.
Solutions proposed by the Office to promote retail competition
must also promote safe, reliable, and affordable electric

SB2084 - 60 - LRB101 07402 JRG 52442 b
service.
On or before June 30 of each year, the Director shall
submit a report to the Commission, the General Assembly, and
the Governor, that details specific accomplishments achieved
by the Office in the prior 12 months in promoting retail
electric competition and that suggests administrative and
legislative action necessary to promote further improvements
in retail electric competition. The report to the General
Assembly shall be filed with the Clerk of the House of
Representatives and the Secretary of the Senate in electronic
form only, in the manner that the Clerk and the Secretary shall
direct. Any information in this report involving price
comparisons between electric utilities, electric utilities
providing service outside their service territories, or
alternative retail electric suppliers shall also include the
combined value of additional products and services offered by
the competitive retail electric market, including, but not
limited to, the cash value of energy control technologies
provided, the megawatt hours of energy savings realized by
customers utilizing energy control technologies, the megawatt
hours of renewable energy exclusive of State mandated
purchases, and the total amounts of cash or cash equivalent
offers. The Commission may include other energy savings and
marketing savings programs as they develop in the market. The
Commission is authorized to establish through administrative
rules standards, practices, forms, procedures, and policies

SB2084 - 61 - LRB101 07402 JRG 52442 b
governing the reporting of alternative retail electric
suppliers of such products, services, energy savings,
renewable energy, and value of cash equivalent offers.
(Source: P.A. 94-1095, eff. 2-2-07.)
(220 ILCS 5/20-140 new)
Sec. 20-140. Expanded use of energy savings programs.
(a) The Commission may establish a program for promoting
expanded use of energy savings programs for residential and
small commercial customers. The program shall include the use
of thermostats, lights, plugs, and other devices that allow a
customer to control and reduce his or her energy usage. The
program shall not discriminate based on brand names and shall
include ways to promote those devices and incentives for
residential customers, including both homeowners and renters.
Nothing in this Section is intended to modify the rights or
obligations set forth in Sections 8-103B and 8-104 of this Act
or divert or reallocate the funding available under those
Sections.
(b) On or before September 1, 2019 and every 2 years
thereafter, the Commission shall initiate a collaborative
workshop for stakeholders, retail electric suppliers,
advocates for energy savings, and industry representatives
developing energy savings devices and applicants.
(c) Any recommendations arising from the workshop process
under this Section shall be included in the annual report of

SB2084 - 62 - LRB101 07402 JRG 52442 b
the Office of Retail Market Development.
Section 10. The Citizens Utility Board Act is amended by
changing Section 5 as follows:
(220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
Sec. 5. Powers and duties.
(1) The corporation shall:
(a) Represent and protect the interests of the
residential utility consumers of this State. All actions by
the corporation under this Act shall be directed toward
such duty; provided that the corporation may also give due
consideration to the interests of business in the State.
(b) Inform, in so far as possible, all utility
consumers about the corporation, including the procedure
for obtaining membership in the corporation.
(2) The corporation shall have all the powers necessary or
convenient for the effective representation and protection of
the interest of utility consumers and to implement this Act,
including the following powers in addition to all other powers
granted by this Act.
(a) To make, amend and repeal bylaws and rules for the
regulation of its affairs and the conduct of its business;
to adopt an official seal and alter it at pleasure; to
maintain an office; to sue and be sued in its own name,
plead and be impleaded; and to make and execute contracts

SB2084 - 63 - LRB101 07402 JRG 52442 b
and other instruments necessary or convenient to the
exercise of the powers of the corporation.
(b) To employ such agents, employees and special
advisors as it finds necessary and to fix their
compensation.
(c) To solicit and accept gifts, loans, including loans
made by the Illinois Commerce Commission from funds
appropriated for that purpose by law, or other aid in order
to support activities concerning the interests of utility
consumers. Except as provided in Section 5.1, the
corporation may not accept gifts, loans or other aid from
any public utility or from any director, employee or agent
or member of the immediate family of a director, employee
or agent of any public utility and, after the first
election the corporation, may not accept from any
individual, private corporation, association or
partnership in any single year a total of more than $1,000
in gifts. Under this paragraph, "aid" does not mean payment
of membership dues.
(d) To intervene as a party or otherwise participate on
behalf of utility consumers in any proceeding which affects
the interest of utility consumers.
(e) To represent the interests of utility consumers
before the Illinois Commerce Commission, the Federal
Energy Regulatory Commission, the Federal Communications
Commission, the courts, and other public bodies, except

SB2084 - 64 - LRB101 07402 JRG 52442 b
that no director, employee or agent of the corporation may
engage in lobbying without first complying with any
applicable statute, administrative rule or other
regulation relating to lobbying.
(f) To establish annual dues which shall be set at a
level that provides sufficient funding for the corporation
to effectively perform its powers and duties, and is
affordable for as many utility consumers as is possible.
(g) To implement solicitation for corporation funding
and membership.
(h) To seek tax exempt status under State and federal
law, including 501(c)(3) status under the United States
Internal Revenue Code.
(i) To provide information and advice to utility
consumers on any matter with respect to utility service,
including but not limited to information and advice on
benefits and methods of energy conservation.
(3) The powers, duties, rights and privileges conferred or
imposed upon the corporation by this Act may not be
transferred.
(4) The corporation shall refrain from interfering with
collective bargaining rights of any employees of a public
utility.
(5) The corporation shall provide all consumer complaints
regarding service by entities possessing a certificate of
service authority as an alternative retail electric supplier

SB2084 - 65 - LRB101 07402 JRG 52442 b
under Section 16-115 of the Public Utilities Act and entities
possessing certificates of service authority as an alternative
gas supplier under Section 19-110 of the Public Utilities Act
to the Consumer Services Division of the Illinois Commerce
Commission.
For purposes of this subsection (5), "complaint" means an
objection made to an alternative retail electric supplier or to
an alternative gas supplier by a customer or another entity as
to its charges, facilities, or service, the disposal of which
requires investigation or analysis. "Complaint" includes a
customer or other entity identifying and asking an alternative
retail electric supplier or alternative gas supplier to address
or resolve a problem or concern. "Complaint" does not include
contact that is limited to inquiry or seeking information.
(Source: P.A. 91-50, eff. 6-30-99.)
Section 15. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2EE as follows:
(815 ILCS 505/2EE)
Sec. 2EE. Electric service provider selection. An electric
service provider shall not submit or execute a change in a
subscriber's selection of a provider of electric service unless
and until (i) the provider first discloses all material terms
and conditions of the offer to the subscriber; (ii) the
provider has obtained the subscriber's express agreement to

SB2084 - 66 - LRB101 07402 JRG 52442 b
accept the offer after the disclosure of all material terms and
conditions of the offer; and (iii) the provider has confirmed
the request for a change in accordance with one of the
following procedures:
(a) The new electric service provider has obtained the
subscriber's written or electronically signed authorization in
a form that meets the following requirements:
(1) An electric service provider shall obtain any
necessary written or electronically signed authorization
from a subscriber for a change in electric service by using
a letter of agency as specified in this Section. Any letter
of agency that does not conform with this Section is
invalid.
(2) The letter of agency shall be a separate document
(an easily separable document containing only the
authorization language described in subparagraph (a)(5) of
this Section) whose sole purpose is to authorize an
electric service provider change. The letter of agency must
be signed and dated by the subscriber requesting the
electric service provider change.
(3) The letter of agency shall not be combined with
inducements of any kind on the same document.
(4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
this Section, the letter of agency may be combined with
checks that contain only the required letter of agency
language prescribed in subparagraph (a)(5) of this Section

SB2084 - 67 - LRB101 07402 JRG 52442 b
and the necessary information to make the check a
negotiable instrument. The letter of agency check shall not
contain any promotional language or material. The letter of
agency check shall contain in easily readable, bold-face
type on the face of the check, a notice that the consumer
is authorizing an electric service provider change by
signing the check. The letter of agency language also shall
be placed near the signature line on the back of the check.
(5) At a minimum, the letter of agency must be printed
with a print of sufficient size to be clearly legible, and
must contain clear and unambiguous language that confirms:
(i) The subscriber's billing name and address;
(ii) The decision to change the electric service
provider from the current provider to the prospective
provider;
(iii) The terms, conditions, and nature of the
service to be provided to the subscriber must be
clearly and conspicuously disclosed, in writing, and
an electric service provider must directly establish
the rates for the service contracted for by the
subscriber; and
(iv) That the subscriber understand that any
electric service provider selection the subscriber
chooses may involve a charge to the subscriber for
changing the subscriber's electric service provider.
(6) Letters of agency shall not suggest or require that

SB2084 - 68 - LRB101 07402 JRG 52442 b
a subscriber take some action in order to retain the
subscriber's current electric service provider.
(7) If any portion of a letter of agency is translated
into another language, then all portions of the letter of
agency must be translated into that language.
(b) An appropriately qualified independent third party has
obtained, in accordance with the procedures set forth in this
subsection (b), the subscriber's oral authorization to change
electric suppliers that confirms and includes appropriate
verification data. The independent third party (i) must not be
owned, managed, controlled, or directed by the supplier or the
supplier's marketing agent; (ii) must not have any financial
incentive to confirm supplier change requests for the supplier
or the supplier's marketing agent; and (iii) must operate in a
location physically separate from the supplier or the
supplier's marketing agent.
Automated third-party verification systems and 3-way
conference calls may be used for verification purposes so long
as the other requirements of this subsection (b) are satisfied.
A supplier or supplier's sales representative initiating a
3-way conference call or a call through an automated
verification system must drop off the call once the 3-way
connection has been established.
All third-party verification methods shall elicit, at a
minimum, the following information: (i) the identity of the
subscriber; (ii) confirmation that the person on the call is

SB2084 - 69 - LRB101 07402 JRG 52442 b
authorized to make the supplier change; (iii) confirmation that
the person on the call wants to make the supplier change; (iv)
the names of the suppliers affected by the change; (v) the
service address of the supply to be switched; and (vi) the
price of the service to be supplied and the material terms and
conditions of the service being offered, including whether any
early termination fees apply. Third-party verifiers may not
market the supplier's services by providing additional
information, including information regarding procedures to
block or otherwise freeze an account against further changes.
All third-party verifications shall be conducted in the
same language that was used in the underlying sales transaction
and shall be recorded in their entirety. Submitting suppliers
shall maintain and preserve audio records or electronic
versions, if automated, of verification of subscriber
authorization for a minimum period of 2 years after obtaining
the verification. Automated systems must provide consumers
with an option to speak with a live person at any time during
the call.
(c) When a subscriber initiates the call to the prospective
electric supplier, in order to enroll the subscriber as a
customer, the prospective electric supplier must, with the
consent of the customer, make a date-stamped, time-stamped
audio recording that elicits, at a minimum, the following
information:
(1) the identity of the subscriber;

SB2084 - 70 - LRB101 07402 JRG 52442 b
(2) confirmation that the person on the call is
authorized to make the supplier change;
(3) confirmation that the person on the call wants to
make the supplier change;
(4) the names of the suppliers affected by the change;
(5) the service address of the supply to be switched;
and
(6) the price of the service to be supplied and the
material terms and conditions of the service being offered,
including whether any early termination fees apply.
Submitting suppliers shall maintain and preserve the audio
records containing the information set forth above for a
minimum period of 2 years.
(d) Complaints may be filed with the Illinois Commerce
Commission under this Section by a subscriber whose electric
service has been provided by an electric service supplier in a
manner not in compliance with this Section. If, after notice
and hearing, the Commission finds that an electric service
provider has violated this Section, the Commission may in its
discretion do any one or more of the following:
(1) Require the violating electric service provider to
refund to the subscriber charges collected in excess of
those that would have been charged by the subscriber's
authorized electric service provider.
(2) Require the violating electric service provider to
pay to the subscriber's authorized electric supplier the

SB2084 - 71 - LRB101 07402 JRG 52442 b
amount the authorized electric supplier would have
collected for the electric service. The Commission is
authorized to reduce this payment by any amount already
paid by the violating electric supplier to the subscriber's
authorized provider for electric service.
(3) Require the violating electric subscriber to pay a
fine of up to $1,000 into the Public Utility Fund for each
repeated and intentional violation of this Section.
(4) Issue a cease and desist order.
(5) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating provider's certificate of service authority.
(e) For purposes of this Section, "electric service
provider" shall have the meaning given that phrase in Section
6.5 of the Attorney General Act.
(Source: P.A. 95-700, eff. 11-9-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB2084 - 72 - LRB101 07402 JRG 52442 b
INDEX
Statutes amended in order of appearance