Illinois General Assembly - Full Text of Public Act 098-0554
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Public Act 098-0554


 

Public Act 0554 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0554
 
SB0105 EnrolledLRB098 06908 MGM 36965 b

    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 adding
Section 16-103.2 as follows:
 
    (220 ILCS 5/16-103.2 new)
    Sec. 16-103.2. Market Settlement Service.
    (a) Notwithstanding anything to the contrary, an electric
utility shall be permitted, at its election, to provide Market
Settlement Service, which, for purposes of this Section, shall
mean a tariffed, unbundled electric power and energy supply
service applicable to all of the electric utility's retail
customers having maximum demands exceeding 400 kilowatts, as
measured in accordance with the electric utility's retail
tariffs, that do not otherwise purchase all of their electric
power and energy supply service from the electric utility.
Market Settlement Service shall apply to the difference between
(i) the actual quantities of electric power and energy supply
provided to any such retail customer during a given period and
(ii) the quantities of such supply that were deemed to have
been provided to such retail customer for the purposes of the
applicable regional transmission organization's final
wholesale market settlements during that same period. An
electric utility providing Market Settlement Service may also,
at its election, include in Market Settlement Service electric
capacity, transmission services, or other services that are
also provided by or through a regional transmission
organization to retail customers who receive tariffed electric
power and energy supply service with hourly pricing provisions
at quantities assigned to such retail customer pursuant to the
electric utility's Market Settlement Service tariff. Charges
(if the actual quantities provided were greater) or credits (if
the actual quantities provided were less) shall be calculated
based on the same unit rate or rates set forth in the electric
utility's tariff or tariffs for electric power and energy
supply service with hourly pricing provisions applicable to its
retail customers having maximum demands exceeding 400
kilowatts, provided, however, that any reconciliation
provision set forth in such tariff or tariffs, including any
charges or credits resulting therefrom, shall not apply to
Market Settlement Service.
    An electric utility providing Market Settlement Service
shall be permitted to recover all of its reasonable and
prudently incurred administrative and operational costs of
providing this service from all of its retail customers through
its delivery services charges. An electric utility providing
Market Settlement Service shall be permitted to recover its
reasonable and prudent initial implementation and start-up
costs from retail consumers having maximum demands exceeding
400 kilowatts through its delivery service charges.
    (b) Market Settlement Service shall be provided pursuant to
a tariff of the electric utility on file with the Commission.
The electric utility's Market Settlement Service tariff shall
include provisions for the determination of the quantities
subject to Market Settlement Service for any retail customer
that receives only a portion of its electric power and energy
requirements from an alternative retail electric supplier or
electric utility operating outside of its service territory.
Notwithstanding subsection (a) of this Section, the electric
utility may elect to (i) exclude from Market Settlement Service
any portion of the difference described in subsection (a) of
this Section attributable to a delayed initial retail electric
service bill for a given period and (ii) provide Market
Settlement Service limited to an entire retail billing period
or periods, without proration, notwithstanding that the
applicable regional transmission organization's final
wholesale market settlements may have occurred on a date within
a retail billing period.
    (c) An electric utility that has a tariff in effect
pursuant to this Section shall not be subject to, or allowed to
pursue, any other claims, adjustments, settlements, or offsets
related to the cost of any difference in the actual quantities
of electric energy, capacity, transmission services, or other
services included in Market Settlement Service, provided,
however, that the provisions of this subsection (c) shall not,
consistent with the provisions of this Act, (i) preclude any
subsequent and separate adjustments made to the same retail
customer's electric service account pursuant to a tariff
authorized by this Section because of other differences,
whether for the same or a different meter or for the same or
different period or (ii) reduce or impair in any way an
electric utility's authority to charge a retail customer for
unmetered electric service related to the retail customer's
unlawful tampering with or interference with electric service,
including, but not limited to, any other charges allowed by law
or the electric utility's tariffs.
    (d) A tariff authorized by this Section may be established
outside of either (i) a filing seeking a general change in
rates under Article IX of this Act or (ii) a filing authorized
under Section 16-108.5 of this Act. The Commission shall review
and, by order, approve, or approve as modified, the proposed
tariff within 180 days after the date on which it is filed. In
the event the Commission approves such a tariff with
modifications, the electric utility shall not be obligated to
place the modified tariff into effect. In such event, the
electric utility must, within 14 days after any Commission
order, withdraw its proposed tariff and its election to provide
Market Settlement Service. If a Market Settlement Service
tariff does become effective, such tariff shall remain in
effect thereafter at the discretion of the electric utility.
    (e) Notwithstanding anything in this Act to the contrary,
an electric utility providing Market Settlement Service shall
not be liable to any retail customer, alternative retail
electric supplier, or electric utility operating outside of its
service territory for any adjustment in the quantity of any
transmission or retail electric supply service for which the
applicable regional transmission organization under its
tariffs, agreements, and market and business rules will no
longer make a corresponding adjustment to the wholesale market
settlements.

Effective Date: 1/1/2014