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Public Act 095-1051 |
SB0171 Enrolled |
LRB095 06643 MJR 26749 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing |
Sections 19-105, 19-110, 19-115, 19-120, and 19-125 and by |
adding Sections 19-111 and 19-112 as follows:
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(220 ILCS 5/19-105)
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Sec. 19-105. Definitions. For the purposes of this Article, |
the following
terms shall be defined as set forth in this |
Section.
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"Alternative gas supplier" means every person, |
cooperative, corporation,
municipal corporation, company, |
association, joint stock company or
association, firm,
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partnership, individual, or other entity, their lessees, |
trustees, or receivers
appointed by
any court whatsoever, that |
offers gas for sale, lease, or in exchange for other
value
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received to one or more customers, or that engages in the |
furnishing of gas to
one or
more customers, and shall include |
affiliated interests of a gas utility,
resellers,
aggregators |
and marketers, but shall not include (i) gas utilities (or any
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agent of the gas
utility to the extent the gas utility provides |
tariffed services to customers
through an
agent); (ii) public |
utilities that are owned and operated by any political
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subdivision, public institution of higher education or |
municipal corporation
of this State, or public utilities that |
are owned by a political
subdivision, public institution of |
higher education, or municipal corporation
and operated by any |
of its lessees or operating agents; (iii)
natural gas |
cooperatives that are not-for-profit corporations operated for
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the purpose of administering, on a cooperative basis, the
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furnishing of natural gas for the benefit of their members who
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are
consumers of natural gas; and (iv) the ownership or |
operation
of a facility that sells compressed natural gas at |
retail to the public for use
only as a motor vehicle fuel and |
the selling of compressed natural gas at
retail to the public |
for use only as a motor vehicle fuel.
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"Gas utility" means a public utility, as defined in Section |
3-105 of this
Act,
that
has a franchise, license, permit, or |
right to furnish or sell gas
or transportation services to
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customers within a service area.
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"Residential customer" means a customer who receives gas |
utility service for
household purposes distributed to a |
dwelling of 2 or fewer units which is
billed under
a |
residential rate or gas utility service for household purposes |
distributed to
a dwelling
unit or units which is billed under a |
residential rate and is registered by a
separate meter
for each |
dwelling unit.
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"Sales agent" means any employee, agent, independent |
contractor, consultant, or other person that is engaged by the |
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alternative gas supplier to solicit customers to purchase, |
enroll in, or contract for alternative gas service on behalf of |
an alternative gas supplier. |
"Service area" means (i) the geographic area within which a |
gas utility was
lawfully entitled to provide gas to customers |
as of the effective date
of this
amendatory
Act of the 92nd |
General Assembly and includes (ii) the location of any
customer |
to
which the gas utility was lawfully providing gas utility |
services on such
effective date.
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"Small commercial customer" means a nonresidential retail |
customer of
a
natural gas utility
who consumed is identified by |
the alternative gas supplier, prior
to becoming a customer of |
the alternative gas supplier, as
consuming 5,000 or fewer |
therms of natural gas
during the previous year; provided that |
any alternative gas
supplier may remove the customer from |
designation as a "small
commercial customer" if the customer |
consumes more than 5,000 therms
of natural gas in any calendar |
year after becoming a customer of the
alternative gas supplier. |
In determining whether a customer has consumed 5,000 or fewer |
therms of natural gas during the previous year, usage by the |
same commercial customer shall be aggregated to include usage |
at the same premises even if measured by more than one meter, |
and to include usage at multiple premises. Nothing in this |
Section creates an affirmative obligation on a gas utility to |
monitor or inform customers or alternative gas suppliers as to |
a customer's status as a small commercial customer as that term |
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is defined herein. Nothing in this Section relieves a gas |
utility from any obligation to provide information upon request |
to a customer, alternative gas supplier, the Commission, or |
others necessary to determine whether a customer meets the |
classification of small commercial customers as that term is |
defined herein.
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"Tariffed service" means a service provided to customers by |
a gas
utility as
defined by its rates on file with the |
Commission pursuant to the provisions of
Article IX
of this |
Act.
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"Transportation services" means those services provided by |
the gas utility
that
are necessary in order for the storage, |
transmission and distribution systems
to
function so that
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customers located in the gas utility's service area can receive |
gas from
suppliers other
than the gas utility and shall |
include, without limitation, standard metering
and billing
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services.
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(Source: P.A. 94-738, eff. 5-4-06.)
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(220 ILCS 5/19-110)
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Sec. 19-110. Certification of alternative gas suppliers.
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(a) The provisions of this Section shall apply only to |
alternative gas
suppliers
serving or seeking to serve |
residential or small commercial customers and
only to the |
extent such
alternative gas suppliers provide services to |
residential or small
commercial customers.
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(b) An alternative gas supplier must obtain a certificate |
of service
authority from the Commission in accordance with |
this Section before serving
any customer or other user located |
in this State. An alternative gas supplier
may request, and the |
Commission may grant, a certificate of service authority
for |
the entire State or for a specified geographic area of the |
State. A
person, corporation, or other entity acting as an |
alternative gas supplier on
the effective date of this |
amendatory Act of the 92nd General Assembly shall
have 180 days |
from the effective date of this amendatory Act of the 92nd
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General Assembly to comply with the requirements of this |
Section in order to
continue to operate as an alternative gas |
supplier.
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(c) An alternative gas supplier seeking a certificate of |
service authority
shall
file with the Commission a verified |
application containing information showing
that the
applicant |
meets the requirements of this Section. The alternative gas |
supplier
shall
publish notice of its application in the |
official State newspaper within 10
days following
the date of |
its filing. No later than 45 days after the application is
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properly filed with the
Commission, and such notice is |
published, the Commission shall issue its order
granting or |
denying the application.
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(d) An application for a certificate of service authority |
shall identify the
area or
areas in which the applicant intends |
to offer service and the types of services
it intends
to offer. |
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Applicants that seek to serve residential or small commercial
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customers within a
geographic area that is smaller than a gas |
utility's service area shall submit
evidence demonstrating |
that the designation of this smaller area does not
violate |
Section 19-115. An
applicant may
state in its application for |
certification any limitations that will be imposed
on the |
number
of customers or maximum load to be served. The applicant |
shall submit as part of its application a statement indicating:
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(1) Whether the applicant has been denied a natural gas |
supplier license in any state in the United States. |
(2) Whether the applicant has had a natural gas |
supplier license suspended or revoked by any state in the |
United States. |
(3) Where, if any, other natural gas supplier license |
applications are pending in the United States. |
(4) Whether the applicant is the subject of any |
lawsuits filed in a court of law or formal complaints filed |
with a regulatory agency alleging fraud, deception or |
unfair marketing practices, or other similar allegations, |
identifying the name, case number, and jurisdiction of each |
such lawsuit or complaint. |
For the purposes of this subsection (d), formal complaints |
include only those complaints that seek a binding determination |
from a state or federal regulatory body. |
(e) The Commission shall grant the application for a |
certificate of service
authority if it makes the findings set |
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forth in this subsection based on the
verified
application and |
such other information as the applicant may submit.
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(1) That the applicant possesses possess 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 :
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(A) the characteristics, including the size and |
financial sophistication of the
customers that the |
applicant seeks to serve ; , and shall consider |
(B) whether the
applicant seeks to provide gas |
using property, plant, and equipment that it
owns, |
controls, or operates ; and |
(C) the applicant's commitment of resources to the |
management of sales and marketing staff, through |
affirmative managerial policies, independent audits, |
technology, hands-on field monitoring and training, |
and, in the case of applicants who will have sales |
personnel or sales agents within the State of Illinois, |
the applicant's managerial presence within the State .
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(2) That the applicant will comply with all applicable |
federal, State,
regional, and industry rules, policies, |
practices, and procedures
for the use, operation, and |
maintenance of the safety, integrity, and
reliability of |
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the gas transmission system.
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(3) That the applicant will comply with such |
informational or reporting
requirements as the Commission |
may by rule establish.
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(4) That
the area to be served by the applicant and any |
limitations it proposes on the
number of customers or |
maximum amount of load to be served meet the provisions
of |
Section 19-115, provided, that if the applicant seeks to |
serve an area
smaller than the service area of a gas |
utility or proposes other limitations
on the number of |
customers or maximum amount of load to be served, the
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Commission can extend the time for
considering such a |
certificate request by up to 90 days, and can schedule
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hearings on such a request.
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(5) That the applicant and the applicant's sales agents |
will comply with all other applicable laws and
rules.
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(f) The Commission can extend the time for considering such |
a certificate request by up to 90 days, and can schedule |
hearings on such a request if: |
(1) a party to the application proceeding has formally |
requested that the Commission hold hearings in a pleading |
that alleges that one or more of the allegations or |
certifications in the application is false or misleading; |
or |
(2) other facts or circumstances exist that will |
necessitate additional time or evidence in order to |
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determine whether a certificate should be issued. |
(g) (f) The Commission shall have the authority to |
promulgate rules
to carry out the provisions of this Section. |
Within 30 days after the
effective date of this amendatory Act |
of the 92nd General Assembly, the
Commission shall adopt an |
emergency rule or rules applicable to the
certification of |
those gas suppliers that seek to serve residential customers.
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Within 180 days of
the effective
date of this amendatory Act of |
the 92nd General Assembly, the Commission shall
adopt
rules |
that specify criteria which, if met by any such alternative gas
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supplier, shall
constitute the demonstration of technical, |
financial, and managerial resources
and
abilities to provide |
service required by item (1) of subsection (e) of this
Section,
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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,
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demonstration of adequate insurance for the scope and nature of |
the services to
be
provided, and experience in providing |
similar services in other
jurisdictions.
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(h) The Commission may deny with prejudice any application |
that repeatedly fails to include the attachments, |
documentation, and affidavits required by the application form |
or that repeatedly fails to provide any other information |
required by this Section. |
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
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(220 ILCS 5/19-111 new) |
Sec. 19-111. Material changes in business. |
(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) Alternative gas suppliers shall file with the |
Commission a notification of any material change to the |
information supplied in a certification application within 30 |
days of such material change. |
(1) An alternative gas supplier shall file such notice |
under the docket number assigned to the alternative gas |
supplier's certification application, whichever is the |
most recent. The supplier shall also serve such notice upon |
the gas utility company serving customers in the service |
area where the alternative gas supplier is certified to |
provide service. |
(2) After notice and an opportunity for a hearing, the |
Commission may (i) suspend, rescind, or conditionally |
rescind an alternative gas supplier's certificate if it |
determines that the material change will adversely affect |
the alternative gas supplier's fitness or ability to |
provide the services for which it is certified or (ii) |
require the alternative gas supplier to provide reasonable |
financial assurances sufficient to protect their customers |
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and gas utilities from default. |
(c) Material changes to the information contained in or |
supplied with a certification application include, but are not |
limited to, the following: |
(1) Any significant change in ownership (an ownership |
interest of 5% or more) of the applicant or alternative gas |
supplier. |
(2) An affiliation with any gas utility or change of an |
affiliation with a gas utility in this State. |
(3) Retirement or other long-term changes to the |
operational status of supply resources relied upon by the |
alternative gas supplier to provide alternative gas |
service. Changes in the volume of supply from any given |
supply resource replaced by a comparable supply resource do |
not need to be reported. |
(4) Revocation, restriction, or termination of any |
interconnection or service agreement with a pipeline |
company or natural gas company relied upon by an |
alternative gas supplier to provide alternative retail |
natural gas service, but only if such revocation, |
restriction, or termination creates a situation in which |
the alternative gas supplier does not meet the tariffed |
capacity requirements of the relevant Illinois natural gas |
utility or utilities. |
(5) If the alternative gas supplier has a long-term |
bond rating from Standard & Poor's or its successor, or |
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Fitch Ratings or its successor, or Moody's Investor Service |
or its successor, and the alternative gas supplier's |
long-term bond rating falls below BBB as reported by |
Standard & Poor's or its successor or Fitch Ratings or its |
successor or below Baa3 as reported by Moody's Investors |
Service or its successor. |
(6) The applicant or alternative gas supplier has or |
intends to file for reorganization, protection from |
creditors, or any other form of bankruptcy with any court. |
(7) Any judgment, finding, or ruling by a court or |
regulatory agency that could affect an alternative gas |
supplier's fitness or ability to provide service in this |
State. |
(8) Any change in the alternative gas supplier's name |
or logo, including without limitation any change in the |
alternative gas supplier's legal name, fictitious names, |
or assumed business names, except for logos and names the |
alternative gas supplier provided as part of its original |
certification process or that the alternative gas supplier |
previously provided to the Commission under this Section. |
(220 ILCS 5/19-112 new) |
Sec. 19-112. Managerial resources. |
(a) An alternative gas supplier must maintain sufficient |
managerial resources and abilities to provide the service for |
which it has a certificate of service authority. In determining |
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the level of managerial resources and abilities that the |
alternative gas supplier must demonstrate, the Commission |
shall consider, in addition to the requirements in |
19-110(e)(1), the following: |
(1) complaints to the Commission by consumers |
regarding the alternative gas supplier, including those |
that reflect on the alternative gas supplier's ability to |
properly manage solicitation and authorization; and |
(2) the alternative gas supplier's involvement in the |
Commission's consumer complaint process, including the |
resources the alternative gas supplier dedicates to the |
process and the alternative gas supplier's ability to |
manage the issues raised by complaints, and the resolutions |
of the complaints. |
(b) 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, unless otherwise |
noted.
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(220 ILCS 5/19-115)
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Sec. 19-115. Obligations of alternative gas suppliers.
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(a) The provisions of this Section shall apply only to |
alternative gas
suppliers
serving or seeking to serve |
residential or small commercial customers and
only to the |
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extent such
alternative gas suppliers provide services to |
residential or small
commercial customers.
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(b) An alternative gas supplier shall:
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(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; and
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(2) continue to comply with the requirements for |
certification stated
in
Section 19-110 ; .
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(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 |
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 |
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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 |
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. |
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Alternative gas suppliers that do not have electronic |
answering capability that meets these requirements shall |
notify the Manager of the Commission's Consumer Services |
Division or its successor within 30 days following the |
effective date of this amendatory Act of the 95th General |
Assembly and work with Staff to develop individualized |
reporting requirements as to the call volume and responsiveness |
of the call center. |
On or before March 1 of every year, each entity shall 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: |
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(A) An alternative gas supplier shall obtain any |
necessary written or electronically signed |
authorization from a customer for a change in natural |
gas service by using a letter of agency as specified in |
this Section. Any letter of agency that does not |
conform with this Section is invalid. |
(B) The letter of agency shall be a separate |
document (or an easily separable document containing |
only the authorization language described in item (E) |
of this paragraph (1)) whose sole purpose is to |
authorize a natural gas provider change. The letter of |
agency must be signed and dated by the customer |
requesting the natural gas provider change. |
(C) The letter of agency shall not be combined with |
inducements of any kind on the same document. |
(D) Notwithstanding items (A) and (B) of this |
paragraph (1), the letter of agency may be combined |
with checks that contain only the required letter of |
agency language prescribed in item (E) of this |
paragraph (1) and the necessary information to make the |
check a negotiable instrument. The letter of agency |
check shall not contain any promotional language or |
material. The letter of agency check shall contain in |
easily readable, bold face type on the face of the |
check a notice that the consumer is authorizing a |
natural gas provider change by signing the check. The |
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letter of agency language also shall be placed near the |
signature line on the back of the check. |
(E) At a minimum, the letter of agency must be |
printed with a print of sufficient size to be clearly |
legible and must contain clear and unambiguous |
language that confirms: |
(i) the customer's billing name and address; |
(ii) the decision to change the natural gas |
provider from the current provider to the |
prospective alternative gas supplier; |
(iii) the terms, conditions, and nature of the |
service to be provided to the customer, including, |
but not limited to, the rates for the service |
contracted for by the customer; and |
(iv) that the customer understands that any |
natural gas provider selection the customer |
chooses may involve a charge to the customer for |
changing the customer's natural gas provider. |
(F) Letters of agency shall not suggest or require |
that a customer take some action in order to retain the |
customer's current natural gas provider. |
(G) If any portion of a letter of agency is |
translated into another language, then all portions of |
the letter of agency must be translated into that |
language. |
(2) An appropriately qualified independent third party |
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has obtained, in accordance with the procedures set forth |
in this paragraph (2), the customer's oral authorization to |
change natural gas providers that confirms and includes |
appropriate verification data. The independent third party |
must (i) not be owned, managed, controlled, or directed by |
the alternative gas supplier or the alternative gas |
supplier's marketing agent; (ii) not have any financial |
incentive to confirm provider change requests for the |
alternative gas supplier or the alternative gas supplier's |
marketing agent; and (iii) operate in a location physically |
separate from the alternative gas supplier or the |
alternative gas supplier's marketing agent. Automated |
third-party verification systems and 3-way conference |
calls may be used for verification purposes so long as the |
other requirements of this paragraph (2) are satisfied. An |
alternative gas supplier or alternative gas supplier's |
sales representative initiating a 3-way conference call or |
a call through an automated verification system must drop |
off the call once the 3-way connection has been |
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; |
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(D) the names of the providers affected by the |
change; |
(E) the service address of the service to be |
switched; and |
(F) the price of the service to be provided and the |
material terms and conditions of the service being |
offered, including whether any early termination fees |
apply. |
Third-party verifiers may not market the alternative |
gas supplier's services by providing additional |
information. All third-party verifications shall be |
conducted in the same language that was used in the |
underlying sales transaction and shall be recorded in their |
entirety. Submitting alternative gas suppliers shall |
maintain and preserve audio records of verification of |
customer authorization for a minimum period of 2 years |
after obtaining the verification. Automated systems must |
provide customers with an option to speak with a live |
person at any time during the call. |
(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. |
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Such authorization must elicit the information in |
paragraph (2)(A) through (F) of this subsection (c). |
Alternative gas suppliers electing to confirm sales |
electronically through an automated verification system |
shall establish one or more toll-free telephone numbers |
exclusively for that purpose. Calls to the number or |
numbers shall connect a customer to a voice response unit, |
or similar mechanism, that makes a date-stamped, |
time-stamped recording of the required information |
regarding the alternative gas supplier change. |
The alternative gas supplier shall not use such |
electronic authorization systems to market its services. |
(4) When a consumer initiates the call to the |
prospective alternative gas supplier, in order to enroll |
the consumer as a customer, the prospective alternative gas |
supplier must, with the consent of the customer, make a |
date-stamped, time-stamped audio recording that elicits, |
at a minimum, the following information: |
(A) the identity of the customer; |
(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 |
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switched; and |
(F) the price of the service to be supplied and the |
material terms and conditions of the service being |
offered, including whether any early termination fees |
apply. |
Submitting alternative gas suppliers shall maintain |
and preserve the audio records containing the information |
set forth above for a minimum period of 2 years. |
(5) In the event that a customer enrolls for service |
from an alternative gas supplier via an Internet website, |
the alternative gas supplier shall obtain an |
electronically signed letter of agency in accordance with |
paragraph (1) of this subsection (c) and any customer |
information shall be protected in accordance with all |
applicable statutes and regulations. In addition, an |
alternative gas supplier shall provide the following when |
marketing via an Internet website: |
(A) The Internet enrollment website shall, at a |
minimum, include: |
(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 |
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ability to verify the particular contract to which the |
customer assents. |
(C) Throughout the duration of the alternative gas |
supplier's contract with a customer, the alternative |
gas supplier shall retain and, within 3 business days |
of the customer's request, provide to the customer an |
e-mail, paper, or facsimile of the terms and conditions |
of the numbered contract version to which the customer |
assents. |
(D) The alternative gas supplier shall provide a |
mechanism by which both the submission and receipt of |
the electronic letter of agency are recorded by time |
and date. |
(E) After the customer completes the electronic |
letter of agency, the alternative gas supplier shall |
disclose conspicuously through its website that the |
customer has been enrolled, and the alternative gas |
supplier shall provide the customer an enrollment |
confirmation number. |
(6) When a customer is solicited in person by the |
alternative gas supplier's sales agent, the alternative |
gas supplier may only obtain the customer's authorization |
to change natural gas service through the method provided |
for in paragraph (2) of this subsection (c). |
Alternative gas suppliers must be in compliance with this |
subsection (c) within 90 days after the effective date of this |
|
amendatory Act of the 95th General Assembly. |
(d) Complaints may be filed with the Commission under this |
Section by a customer whose natural gas service has been |
provided by an alternative gas supplier in a manner not in |
compliance with subsection (c) of this Section. If, after |
notice and hearing, the Commission finds that an alternative |
gas supplier has violated subsection (c), then the Commission |
may in its discretion do any one or more of the following: |
(1) Require the violating alternative gas supplier to |
refund the customer charges collected in excess of those |
that would have been charged by the customer's authorized |
natural gas provider. |
(2) Require the violating alternative gas supplier to |
pay to the customer's authorized natural gas provider the |
amount the authorized natural gas provider would have |
collected for natural gas service. The Commission is |
authorized to reduce this payment by any amount already |
paid by the violating alternative gas supplier to the |
customer's authorized natural gas provider. |
(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. |
(c) An alternative gas supplier shall obtain verifiable |
authorization from a
customer, in a form or manner approved by |
the Commission, before the customer
is
switched from another |
supplier.
|
(e) (d) 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;
or
|
(2) charge customers for such access ; .
|
(3) bill for goods or services not authorized by the |
customer; or |
(4) bill for a disputed amount where the alternative |
gas supplier has been provided notice of such dispute. The |
supplier shall attempt to resolve a dispute with the |
customer. When the dispute is not resolved to the |
customer's satisfaction, the supplier shall inform the |
customer of the right to file an informal complaint with |
the Commission and provide contact information. While the |
pending dispute is active at the Commission, an alternative |
gas supplier may bill only for the undisputed amount until |
the Commission has taken final action on the complaint. |
(f) (e) 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; or
|
(2) deny service based on locality, nor establish any |
unreasonable
difference as to prices, terms, conditions, |
services, products, or facilities
as
between localities ; .
|
(3) include in any agreement a provision that obligates |
a customer to the terms of the agreement if the customer |
(i) moves outside the State of Illinois; (ii) moves to a |
location without a transportation service program; or |
(iii) moves to a location where the customer will not |
require natural gas service, provided that nothing in this |
subsection precludes an alternative gas supplier from |
taking any action otherwise available to it to collect a |
debt that arises out of service provided to the customer |
before the customer moved; or |
(4) assign the agreement to any alternative natural gas |
supplier, unless: |
(A) the supplier is an alternative gas supplier |
certified by the Commission; |
(B) the rates, terms, and conditions of the |
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) (f) 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 adequately discloses, in plain language, the |
prices, terms, and
conditions of the products and services |
being offered and sold to the
customer. Nothing in this |
paragraph (2) may be read to relieve an alternative gas |
supplier from the duties imposed on it by item (3) of |
subsection (c) of Section 2DDD of the Consumer Fraud and |
Deceptive Business Practices Act.
|
(3) The alternative gas supplier shall provide to the |
customer:
|
(A) accurate, timely, and itemized billing |
statements that describe
the products and services
|
provided to the customer and their prices
and that |
|
specify the
gas consumption amount and any service
|
charges and taxes; provided that this item (g)(3)(A) |
(f)(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) (f)(3)(B) does not
apply to small commercial |
customers;
|
(D) (C) refunds of any deposits with interest |
within 30 days after the
date
that the customer changes |
gas suppliers or discontinues service if the customer
|
has satisfied all of his or her outstanding financial |
obligations to the
alternative gas supplier at an |
interest rate set by the Commission which shall
be the |
same as that required of gas utilities; and
|
(E) (D) 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 |
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. |
The alternative gas supplier disclosure shall be |
included in its sales solicitations, contracts, and all |
applicable sales verification scripts. |
(h) (g) 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) (h) Nothing in this Section shall be construed as |
preventing an alternative
gas
supplier that is an affiliate of, |
or which contracts with,
(i) an industry or
trade
organization |
or association,
(ii) a membership organization or association |
that
exists for
a purpose other than the purchase of gas, or
|
(iii) another organization that
meets criteria
established in a |
rule adopted by the Commission from offering through the
|
organization
or association services at prices, terms and |
conditions that are available
solely to the
members of the |
organization or association.
|
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
|
(220 ILCS 5/19-120)
|
Sec. 19-120.
Commission oversight of services provided by |
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) The Commission shall have jurisdiction in accordance |
with the provisions
of Article X of this Act either to |
investigate on its own motion in order to determine whether or |
to entertain and dispose of any complaint against any
|
alternative
gas supplier alleging that:
|
(1) the alternative gas supplier has violated or is
in
|
nonconformance with any applicable provisions of Section |
19-110 , 19-111, 19-112, or Section
19-115;
|
(2) an alternative gas supplier has failed to provide |
service in
accordance with the
terms of its contract or |
contracts with a customer or customers;
|
(3) the
alternative
gas supplier has violated or is in |
nonconformance with the transportation
services tariff
of, |
or any of its agreements relating to transportation |
services with, the gas
utility or
municipal system |
providing transportation services; or
|
(4) the
alternative gas
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 gas
suppliers.
|
(c) The Commission shall have authority after notice and |
hearing held on
complaint or on the Commission's own motion to |
order any or all of the following remedies, penalties, or forms |
of relief :
|
|
(1) order an alternative gas supplier to cease and |
desist, or correct,
any violation of or nonconformance with |
the provisions of Section
19-110 , 19-111, 19-112, or |
19-115;
|
(2) impose financial penalties for violations of or |
nonconformances
with the provisions of Section 19-110 , |
19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per |
occurrence or (ii) $30,000 per day for those violations or
|
nonconformances which continue after the Commission issues |
a
cease-and-desist order; and
|
(3) alter, modify, revoke, or suspend the certificate |
of service
authority
of an alternative gas supplier for |
substantial or repeated violations of
or nonconformances |
with the provisions of Section 19-110 , 19-111, 19-112, or |
19-115.
|
(d) Nothing in this Act shall be construed to limit, |
restrict, or
mitigate
in
any way the power and authority of the |
State's Attorneys or the Attorney
General under the Consumer |
Fraud and Deceptive Business Practices Act.
|
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
|
(220 ILCS 5/19-125)
|
Sec. 19-125. Consumer education.
|
(a) The Commission shall make available upon request and at |
no charge, and
shall make available to the public
on the |
Internet through the State of Illinois World Wide Web site:
|
|
(1) a list of all certified alternative gas suppliers |
serving residential
and
small commercial customers
within |
the service area of each gas utility including, in the case |
of the
Internet, computer links to available web sites of |
the certified alternative
gas
suppliers;
|
(2) a list of all certified alternative gas suppliers |
serving residential
or
small commercial customers
that |
have been found in the last 3 years by the Commission |
pursuant to Section
10-108 to have failed
to provide |
service in accordance with this Act;
|
(3) guidelines to assist customers in determining |
which gas supplier is
most
appropriate for each
customer; |
and
|
(4) Internet links to providers of information
that |
enables customers
to
compare prices and
services of gas |
utilities and alternative gas suppliers, if and
when that |
information is available.
|
(a-5) The Commission shall develop no later than 6 months |
after the effective date of this amendatory Act of the 95th |
General Assembly and maintain consumer education information |
to help residential and small commercial consumers understand |
their gas supply options and their rights and responsibilities. |
The Commission shall publish the consumer education |
information on its World Wide Web site. |
(a-10) To assist the Commission in developing consumer |
education information, the Commission shall form a working |
|
group that shall consist of representatives of gas utilities |
with residential and small commercial gas transportation |
service programs, alternative gas suppliers, the Attorney |
General, the Citizens Utility Board, and the Commission. |
(a-15) At a minimum, the consumer education information |
developed by the Commission shall include explanations or |
descriptions of the following: |
(1) The choices available to consumers to take gas |
service from an alternative retail gas supplier or remain |
as a retail customer of the gas utility. |
(2) A consumer's rights and responsibilities in |
receiving service from an alternative retail gas supplier |
or remaining as a retail customer of the gas utility. |
(3) The gas utility's role in delivering gas, |
including, but not limited to, utility response to calls |
for service and gas leaks. |
(4) The legal obligations of alternative retail gas |
suppliers. |
(5) The components of a bill that could be received by |
a customer taking delivery services. |
(6) The procedures available to customers to address |
complaints against a gas utility or an alternative retail |
gas supplier and a list of phone numbers and other contact |
information for the Commission, the Attorney General, or |
the Citizens Utility Board. |
(7) Guidance to assist consumers in making educated |
|
decisions when choosing their natural gas provider, |
including: |
(A) how to compare prices; |
(B) questions to ask when considering natural gas |
providers; and |
(C) current and historical utility gas rates. |
(8) The availability of the "Do Not Contact List" for |
those who do not wish to be solicited by natural gas |
providers. |
(b) In any service area where customers are able to choose |
their natural gas
supplier, the Commission shall require gas |
utilities and alternative gas
suppliers to inform customers of |
how they may contact the Commission in order
to
obtain |
information about the customer choice program.
|
(c) The Commission shall adopt a uniform disclosure that |
alternative gas suppliers shall be required to complete for |
each product offering. The uniform disclosure shall contain, at |
a minimum: |
(1) for products with a fixed price per therm, the |
price per therm; |
(2) the length of the initial term of the product, or, |
if applicable, the expiration date of the initial term of |
the product; |
(3) the amount of the termination fees, if any; |
(4) the amount of the administrative fees, other fees, |
or recurring charges, if any, to be listed separately for |
|
each and every fee or charge; |
(5) for products with a variable price per therm, the |
terms of such variability, including, but not limited to, |
any index that is used to calculate the price and any |
additional charges, costs and fees; and |
(6) for products where a customer's charges are a fixed |
amount per billing period regardless of the market price |
for natural gas or the customer's natural gas consumption |
during the billing period, the billing period covered. |
If the alternative gas supplier will not offer a |
different product for new customers as of the first of the |
month, then the alternative gas supplier does not have to |
provide new information until the first day of the month in |
which a different product or products are being offered. |
The Commission shall post this information on its World |
Wide Web site in a manner that shall enable customers to |
compare prices, terms, and conditions offered by the |
alternative gas suppliers. The website shall be updated at |
least monthly and the Commission shall maintain this |
information on its website for at least 12 months to allow |
customers to compare the historical plans and prices for |
all alternative gas suppliers. |
(d) The Commission shall make available in print, upon |
request and at no charge and on its World Wide Web site, |
information on which customers of alternative gas suppliers |
serving residential and small commercial customers may address |
|
any complaint with regard to an alternative gas supplier's |
obligations under Section 19-115 of this Article, including the |
provision of service in accordance with the terms of its |
contract, sales tactics, and rates. The Commission shall |
maintain a summary by category and provider of all formal and |
informal complaints it receives pursuant to this Section, and |
it shall publish the summary on a quarterly basis on its World |
Wide Web site. Individual customer information shall not be |
included in the summary. |
(e) The provisions of this Section shall apply only to |
alternative gas suppliers serving or seeking to serve |
residential and small commercial customers and only to the |
extent such alternative gas suppliers provide services to |
residential and small commercial customers. |
(Source: P.A. 92-852, eff. 8-26-02.)
|
Section 10. The Consumer Fraud and Deceptive Business |
Practices Act is amended by adding Sections 2DDD, 2EEE, 2FFF, |
and 2GGG as follows: |
(815 ILCS 505/2DDD new)
|
Sec. 2DDD. Alternative gas suppliers. |
(a) Definitions. |
(1) "Alternative gas supplier" has the same meaning as |
in Section 19-105 of the Public Utilities Act. |
(2) "Gas utility" has the same meaning as in Section |
|
19-105 of the Public Utilities Act. |
(b) It is an unfair or deceptive act or practice within the |
meaning of Section 2 of this Act for any person to violate any |
provision of this Section. |
(c) Solicitation. |
(1) An alternative gas supplier shall not misrepresent |
the affiliation of any alternative supplier with the gas |
utility, governmental bodies, or consumer groups. |
(2) If any sales solicitation, agreement, contract, or |
verification is translated into another language and |
provided to a customer, all of the documents must be |
provided to the customer in that other language. |
(3) An alternative gas supplier shall clearly and |
conspicuously disclose the following information to all |
customers: |
(A) the prices, terms, and conditions of the |
products and services being sold to the customer; |
(B) where the solicitation occurs in person, |
including through door-to-door solicitation, the |
salesperson's name; |
(C) the alternative gas supplier's contact |
information, including the address, phone number, and |
website; |
(D) contact information for the Illinois Commerce |
Commission, including the toll-free number for |
consumer complaints and website; |
|
(E) a statement of the customer's right to rescind |
the offer within 10 business days of the date on the |
utility's notice confirming the customer's decision to |
switch suppliers, as well as phone numbers for the |
supplier and utility that the consumer may use to |
rescind the contract; and |
(F) the amount of the early termination fee, if |
any. |
(4) Except as provided in paragraph (5) of this |
subsection (c), an alternative gas supplier shall send the |
information described in paragraph (3) of this subsection |
(c) to all customers within one business day of the |
authorization of a switch. |
(5) An alternative gas supplier engaging in |
door-to-door solicitation of consumers shall provide the |
information described in paragraph (3) of this subsection |
(c) during all door-to-door solicitations that result in a |
customer deciding to switch their supplier. |
(d) Customer Authorization. An alternative gas supplier |
shall not submit or execute a change in a customer's selection |
of a natural gas provider unless and until (i) the alternative |
gas supplier first discloses all material terms and conditions |
of the offer to the customer; (ii) the alternative gas supplier |
has obtained the customer's express agreement to accept the |
offer after the disclosure of all material terms and conditions |
of the offer; and (iii) the alternative gas supplier has |
|
confirmed the request for a change in accordance with one of |
the following procedures: |
(1) The alternative gas supplier has obtained the |
customer's written or electronically signed authorization |
in a form that meets the following requirements: |
(A) An alternative gas supplier shall obtain any |
necessary written or electronically signed |
authorization from a customer for a change in natural |
gas service by using a letter of agency as specified in |
this Section. Any letter of agency that does not |
conform with this Section is invalid. |
(B) The letter of agency shall be a separate |
document (or an easily separable document containing |
only the authorization language described in item (E) |
of this paragraph (1)) whose sole purpose is to |
authorize a natural gas provider change. The letter of |
agency must be signed and dated by the customer |
requesting the natural gas provider change. |
(C) The letter of agency shall not be combined with |
inducements of any kind on the same document. |
(D) Notwithstanding items (A) and (B) of this |
paragraph (1), the letter of agency may be combined |
with checks that contain only the required letter of |
agency language prescribed in item (E) of this |
paragraph (1) and the necessary information to make the |
check a negotiable instrument. The letter of agency |
|
check shall not contain any promotional language or |
material. The letter of agency check shall contain in |
easily readable, bold face type on the face of the |
check, a notice that the consumer is authorizing a |
natural gas provider change by signing the check. The |
letter of agency language also shall be placed near the |
signature line on the back of the check. |
(E) At a minimum, the letter of agency must be |
printed with a print of sufficient size to be clearly |
legible, and must contain clear and unambiguous |
language that confirms: |
(i) the customer's billing name and address; |
(ii) the decision to change the natural gas |
provider from the current provider to the |
prospective alternative gas supplier; |
(iii) the terms, conditions, and nature of the |
service to be provided to the customer, including, |
but not limited to, the rates for the service |
contracted for by the customer; and |
(iv) that the customer understands that any |
natural gas provider selection the customer |
chooses may involve a charge to the customer for |
changing the customer's natural gas provider. |
(F) Letters of agency shall not suggest or require |
that a customer take some action in order to retain the |
customer's current natural gas provider. |
|
(G) If any portion of a letter of agency is |
translated into another language, then all portions of |
the letter of agency must be translated into that |
language. |
(2) An appropriately qualified independent third party |
has obtained, in accordance with the procedures set forth |
in this paragraph (2), the customer's oral authorization to |
change natural gas providers that confirms and includes |
appropriate verification data. The independent third party |
must (i) not be owned, managed, controlled, or directed by |
the alternative gas supplier or the alternative gas |
supplier's marketing agent; (ii) not have any financial |
incentive to confirm provider change requests for the |
alternative gas supplier or the alternative gas supplier's |
marketing agent; and (iii) operate in a location physically |
separate from the alternative gas supplier or the |
alternative gas supplier's marketing agent. Automated |
third-party verification systems and 3-way conference |
calls may be used for verification purposes so long as the |
other requirements of this paragraph (2) are satisfied. A |
alternative gas supplier or alternative gas supplier's |
sales representative initiating a 3-way conference call or |
a call through an automated verification system must drop |
off the call once the 3-way connection has been |
established. All third-party verification methods shall |
elicit, at a minimum, the following information: |
|
(A) the identity of the customer; |
(B) confirmation that the person on the call is |
authorized to make the provider change; |
(C) confirmation that the person on the call wants |
to make the provider change; |
(D) the names of the providers affected by the |
change; |
(E) the service address of the service to be |
switched; and |
(F) the price of the service to be provided and the |
material terms and conditions of the service being |
offered, including whether any early termination fees |
apply. |
Third-party verifiers may not market the alternative |
gas supplier's services. All third-party verifications |
shall be conducted in the same language that was used in |
the underlying sales transaction and shall be recorded in |
their entirety. Submitting alternative gas suppliers shall |
maintain and preserve audio records of verification of |
customer authorization for a minimum period of 2 years |
after obtaining the verification. Automated systems must |
provide customers with an option to speak with a live |
person at any time during the call. |
(3) The alternative gas supplier has obtained the |
customer's electronic authorization to change in natural |
gas service via telephone. Such authorization must elicit |
|
the information in paragraph (2)(A) through (F) of this |
subsection (d). Alternative gas suppliers electing to |
confirm sales electronically shall establish one or more |
toll-free telephone numbers exclusively for that purpose. |
Calls to the number or numbers shall will connect a |
customer to a voice response unit, or similar mechanism, |
that makes a date-stamped, time-stamped recording of the |
required information regarding the alternative gas |
supplier change. |
The alternative gas supplier shall not use such |
electronic authorization systems to market its services. |
(4) When a consumer initiates the call to the |
prospective alternative gas supplier, in order to enroll |
the consumer as a customer, the prospective alternative gas |
supplier must, with the consent of the customer, make a |
date-stamped, time-stamped audio recording that elicits, |
at a minimum, the following information: |
(A) the identity of the customer; |
(B) confirmation that the person on the call is |
authorized to make the provider change; |
(C) confirmation that the person on the call wants |
to make the provider change; |
(D) the names of the providers affected by the |
change; |
(E) the service address of the service to be |
switched; and |
|
(F) the price of the service to be supplied and the |
material terms and conditions of the service being |
offered, including whether any early termination fees |
apply. |
Submitting alternative gas suppliers shall maintain |
and preserve the audio records containing the information |
set forth above for a minimum period of 2 years. |
(5) In the event that a customer enrolls for service |
from an alternative gas supplier via an Internet website, |
the alternative gas supplier shall obtain an |
electronically signed letter of agency in accordance with |
paragraph (1) of this subsection (d) and any customer |
information shall be protected in accordance with all |
applicable statutes and rules. In addition, an alternative |
gas supplier shall provide the following when marketing via |
an Internet website: |
(A) The Internet enrollment website shall, at a |
minimum, include: |
(i) a copy of the alternative gas supplier's |
customer contract, which clearly and conspicuously |
discloses all terms and conditions; and |
(ii) a conspicuous prompt for the customer to |
print or save a copy of the contract. |
(B) Any electronic version of the contract shall be |
identified by version number, in order to ensure the |
ability to verify the particular contract to which the |
|
customer assents. |
(C) Throughout the duration of the alternative gas |
supplier's contract with a customer, the alternative |
gas supplier shall retain and, within 3 business days |
of the customer's request, provide to the customer an |
e-mail, paper, or facsimile of the terms and conditions |
of the numbered contract version to which the customer |
assents. |
(D) The alternative gas supplier shall provide a |
mechanism by which both the submission and receipt of |
the electronic letter of agency are recorded by time |
and date. |
(E) After the customer completes the electronic |
letter of agency, the alternative gas supplier shall |
disclose conspicuously through its website that the |
customer has been enrolled and the alternative gas |
supplier shall provide the customer an enrollment |
confirmation number. |
(6) When a customer is solicited in person by the |
alternative gas supplier's sales agent, the alternative |
gas supplier may only obtain the customer's authorization |
to change natural gas service through the method provided |
for in paragraph (2) of this subsection (d). |
Alternative gas suppliers must be in compliance with the |
provisions of this subsection (d) within 90 days after the |
effective date of this amendatory Act of the 95th General |
|
Assembly. |
(e) Early Termination. |
(1) Any agreement that contains an early termination |
clause shall disclose the amount of the early termination |
fee, provided that any early termination fee or penalty |
shall not exceed $50 total, regardless of whether or not |
the agreement is a multiyear agreement. |
(2) In any agreement that contains an early termination |
clause, an alternative gas supplier shall provide the |
customer the opportunity to terminate the agreement |
without any termination fee or penalty within 10 business |
days after the date of the first bill issued to the |
customer for products or services provided by the |
alternative gas supplier. The agreement shall disclose the |
opportunity and provide a toll-free phone number that the |
customer may call in order to terminate the agreement. |
(f) The alternative gas supplier shall provide each |
customer the opportunity to rescind its agreement without |
penalty within 10 business days after the date on the gas |
utility notice to the customer. The alternative gas supplier |
shall disclose to the customer all of the following: |
(1) that the gas utility shall send a notice confirming |
the switch; |
(2) that from the date the utility issues the notice |
confirming the switch, the customer shall have 10 business |
days before the switch will become effective; |
|
(3) that the customer may contact the gas utility or |
the alternative gas supplier to rescind the switch within |
10 business days; and |
(4) the contact information for the gas utility and the |
alternative gas supplier. |
The alternative gas supplier disclosure shall be included |
in its sales solicitations, contracts, and all applicable sales |
verification scripts. |
(g) The provisions of this Section shall apply only to |
alternative gas suppliers serving or seeking to serve |
residential and small commercial customers and only to the |
extent such alternative gas suppliers provide services to |
residential and small commercial customers. |
(815 ILCS 505/2EEE new)
|
Sec. 2EEE. Natural gas service advertising. Any |
advertisement for natural gas service that lists rates shall |
clearly and conspicuously disclose all associated costs for |
such service including, but not limited to, access fees and |
service fees. It is an unfair or deceptive act or practice |
within the meaning of Section 2 of this Act for any person to |
violate this Section. |
The provisions of this Section shall apply only to |
alternative gas suppliers serving or seeking to serve |
residential and small commercial customers and only to the |
extent such alternative gas suppliers provide services to |
|
residential and small commercial customers. |
(815 ILCS 505/2FFF new)
|
Sec. 2FFF. All personal information relating to the |
customer of transmission, distribution, metering, or billing |
of natural gas service, or the customer purchasing the |
commodity of natural gas to be delivered through the |
distribution system of a natural gas provider, shall be |
maintained by the natural gas providers solely for the purpose |
of generating the bill for such sales and services, and shall |
not be divulged to any other persons with the exception of |
credit bureaus, collection agencies, and persons licensed to |
market natural gas service in the State of Illinois, without |
the written consent of the customer. It is an unfair or |
deceptive act or practice within the meaning of Section 2 of |
this Act for any person to violate this Section. |
The provisions of this Section shall apply only to |
alternative gas suppliers serving or seeking to serve |
residential and small commercial customers and only to the |
extent such alternative gas suppliers provide services to |
residential and small commercial customers. |
(815 ILCS 505/2GGG new)
|
Sec. 2GGG. Prohibition of prize promotions to solicit |
authority to provide alternative natural gas service. |
(a) It is an unfair or deceptive act or practice within the |
|
meaning of Section 2 of this Act for any person to solicit |
authority to execute a change of gas suppliers or to solicit |
authority to provide any alternative gas service through the |
use of any sweepstakes, contests, or drawings. |
(b) Forms or documents used or intended to be used by |
consumers to enter sweepstakes, contests, or drawings of any |
description may not be used by any person as written authority |
to execute a change of any person's gas supplier or to render |
any gas supply service. |
(c) The provisions of this Section shall apply only to |
alternative gas suppliers serving or seeking to serve |
residential and small commercial customers and only to the |
extent such alternative gas suppliers provide services to |
residential and small commercial customers. |
Section 99. Effective date. This Act takes effect upon |
becoming law. |