AUTHORITY: Implementing and authorized by Section 16-108(a) of the Public Utilities Act [220 ILCS 5/16-108(a)].

SOURCE: Adopted at 24 Ill. Reg. 19052, effective December 15, 2000; amended at 28 Ill. Reg. 10623, effective August 1, 2004.

SUBPART A: GENERAL PROVISIONS

 

Section 460.10  Definitions

 

            "Acceptance testing" means the approval of a group of meters based on statistical testing procedures.

 

            "Act" means the Public Utilities Act [220 ILCS 5].

 

            "Advanced metering system" means any metering system that does not require on-site meter reading.

 

            "Alternative retail electric supplier" or "ARES" means the same as that term is defined in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Answer time" means a measurement from the point the last digit of the meter service provider's telephone number is dialed or, if a menu-driven system is used, from the point the last menu digit is dialed by the subscriber and the call is answered by the meter service provider.

 

            "Applicant" means a person that files an application with the Illinois Commerce Commission to provide metering service as a meter service provider pursuant to Section 16-108(a) of the Act [220 ILCS 5/16-108(a)].

 

            "Average error" means the difference between 100% and the average percent registration as defined in Section 460.370(d).

 

            "Best's Key Rating Insurance Guide" refers to a report published by A. M. Best or its successor that assigns ratings to insurance companies to provide an overall opinion of an insurance company's ability to meet its obligations to policyholders.

 

            "Billing multiplier" means the number by which a meter register reading is multiplied to obtain actual usage data. The billing multiplier shall include the transformer multiplier and meter multiplier, if applicable.

 

            "Bodily injury" means bodily impairment, sickness, or disease sustained by a person, including death resulting from the bodily impairment, sickness, or disease.

 

            "Business enterprise" means a commercial enterprise or establishment.

 

            "Certificate of insurance" means a document evidencing the fact that an insurance policy has been written and includes a statement of the coverage of the policy in general terms.

 

            "Commission" means the Illinois Commerce Commission.

 

            "Commission referee test" means the accuracy test of any customer's electric meter made in the presence of one or more members of Commission Staff.

 

            "Complaint" means an objection made to a meter service provider, by a customer or other entity, as to its charges, facilities or service, the disposal of which complaint requires investigation or analysis.

 

            "Commercial general liability insurance" means insurance that covers suits against the insured for such damages as injury or death and property damage.

 

            "Creep" means a continuous apparent accumulation of energy in a meter with voltage applied and the load terminals open circuited.

 

            "Customer" has the same meaning as "retail customer".

 

            "Delivery services" means the same as that term is defined in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Delivery services provider" or "DSP" means the electric utility providing delivery services.

 

            "Demand" means the electric consumption at the point of delivery measured over a specified interval of time in order to estimate the instantaneous electric load.

 

            "Dun & Bradstreet Business Information Report" means a credit report on businesses published by Dun & Bradstreet or its successor.

 

            "Dun & Bradstreet Composite Credit Appraisal" means a number, one through four (one being the highest), that reflects Dun & Bradstreet's or its successor's overall assessment of a firm's creditworthiness.

 

            "Electric cooperative" means the same as that term is defined in Section 3.4 of the Electric Supplier Act [220 ILCS 30/3.4].

 

            "Electric utility" means the same as that term is defined in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Entity" means each electric utility while providing services within its service area, each electric utility while providing electric power and energy outside its service area, any ARES, and any electric cooperative or municipal system but only when it provides services as an ARES outside its service territory.

 

            "Escrow account" means a bank account held in the name of the depositor (the applicant or meter service provider) and an escrow agent that is returnable to the depositor or paid to a third person on fulfillment of the escrow condition (i.e., liability obligations of the meter service provider).

 

            "Escrow agent" means the State or national bank or trust company having trust authority in the State of Illinois with which the applicant established an escrow account.

 

            "Experian Small Business Intelliscore report" means a credit report on individuals or businesses published by Experian or its successor.

 

            "Instrument transformer" means a transformer used for metering that reproduces in its secondary circuit, in a definite and known proportion, the voltage or current of its primary circuit, with the phase relation substantially preserved.

 

            "Intelliscore" means a score range from 0 to 100 that reflects Experian's assessment of the likelihood of an individual or business becoming seriously delinquent on its outstanding obligations, as reported in the Experian Small Business Intelliscore report.

 

            "License bond" means an obligation of a surety to pay the monies that the meter service provider owes the State of Illinois for violations of the duties and obligations imposed on it as a meter service provider.

 

            "Management position" means an employed position whereby an individual is responsible for directing, supervising, or administering the activities of a group of two or more people with fiscal responsibility and authority over that group.

 

            "Meter multiplier" means the number (other than one) by which the meter register reading is multiplied to obtain meter data not adjusted for the effect of instrument transformation on the calculated amount of actual usage.

 

            "Meter service provider" or "MSP" means every provider of metering service certified by the Commission under the provisions of this Part.

 

            "Meter shop" means a facility containing equipment used by a meter service provider for determining the accuracy of meters.

 

            "Metering service" means the performance of functions related to the provision, installation, testing, maintenance, repair and reading of electric meters used for billing of retail customers and maintaining meter usage data as well as the maintenance and management of meter information and meter data with respect to those meters. (See Section 460.15.)

 

            "Municipal system" means any public utility owned and operated by any political subdivision or municipal corporation of the State of Illinois, or owned by such and operated by its lessees or agents.

 

            "On-site" means at the premises of the customer.

 

            "PAYDEX Score" is a number from 1 to 100 that represents Dun & Bradstreet's assessment of a company's payment performance, as reported in the Dun & Bradstreet Business Information Report.

 

            "Permit bond" has the same meaning as "license bond".

 

            "Person" means the same as that term is defined in Section 3-114 of the Act [220 ILCS 5/3-114].

 

            "Point of delivery" means the point at which the entity providing distribution facilities connects its lines or equipment to the lines or facilities owned or rented by the customer, without regard to the location or ownership of transformers, substations or meters, unless otherwise provided for by written contract or tariffs.

 

            "Portable standards" means instruments (e.g., watt-hour meters, volt-meters, and ammeters) that are used outside the meter shop to test customer meters.

 

            "Property damage" means physical injury to or destruction of property, including all resulting loss of use of that property, or loss of use of property that is not physically destroyed, provided such loss of use is caused by the physical injury to or destruction of other property.

 

            "Qualifying surety" means a surety or insurer that is authorized by the U.S. Department of Treasury pursuant to 31 USC 9305.   A qualifying surety or insurer may not underwrite more than the amount specified by the U.S. Department of Treasury on a single bond.

 

            "Ratings agency" means Standard & Poor's or its successor, Moody's Investors Service or its successor, Duff & Phelps or its successor, or Fitch IBCA or its successor.

 

            "Reference standards" means instruments (e.g., watt-hour meters, volt-meters, and ammeters) that are used only for verifying the accuracy of working or portable standards, and whose accuracy is traceable back to the national standard maintained by the National Institute of Standards and Technology or its successor.

 

            "Retail customer" means the same as that term is defined in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Self-insurance" means providing self-coverage for damages and liabilities instead of through an insurance company.

 

            "Service watt-hour meter" means an electricity meter used for billing retail customers and maintaining meter usage data that measures and registers the integral, with respect to time, of the real power that flows in the circuit to which the meter is connected. This also includes meters that measure demand in watts or volt-amperes.

 

            "Small commercial retail customer" means the same as that term is defined in Section 16-102 of the Act [220 ILCS 5/16-102].

 

            "Standby letter of credit" means an instrument or document issued by a financial institution guaranteeing the payment of the MSP's liability obligations. The standby letter of credit is used to satisfy claims against the MSP only after the MSP fails to fulfill its obligations.

 

            "Surety bond" means an obligation of a surety to pay the monies that the principal (the applicant or MSP) owes another party in the event the principal fails for whatever reason to fulfill its obligations.

 

            "Technical staff" means a staff of trained technical experts in electric metering and related support functions.

 

            "Test amps" means the electrical current used during meter accuracy testing as designated by the manufacturer and displayed on the meter.

 

            "Transformer multiplier" means the product of the current transformer ratio multiplied by the potential transformer ratio when instrument transformers are part of a metering installation.

 

            "Unconditional guarantee" means an undertaking by a guarantor to pay or fulfill the obligation on failure of the principal obligor to fulfill its contractual obligations. An unconditional guarantee shall contain the following provisions:

 

            The guarantee is one of payment and not collection;

 

            The guarantor's obligations under the guarantee are weighed equally with other guarantees;

 

            The obligations from transactions entered into under the original guarantee are the subject of an ongoing guarantee;

 

            The guarantee reinstates if any guaranteed payment made by the primary obligor is recaptured as a result of bankruptcy or insolvency;

 

            The guarantee is binding on successors of the guarantor;

 

            The guarantor has subjected itself to jurisdiction and service of process with the laws of the State of Illinois, and has agreed that the guarantee will be construed in accordance with the laws of the State of Illinois without reference to conflict of laws principles; and

 

            The guaranteed obligations are unconditional, irrespective of value, genuineness, validity, waiver, release, alteration, amendment, and enforceability of the guaranteed obligations.

 

            "Var-hour meter" means an electricity meter that measures and registers the integral, with respect to time, of the reactive power of the circuit in which it is connected. This includes meters that measure demand in vars.

 

            "Working standards" means instruments (e.g., test benches and demand boards) that are used in meter shops to test the accuracy of customer meters.

 

Section 460.15  Meter Service Components

 

Metering service consists of the following 16 functions:

 

a)         Meter reading. On-site visual data retrieval from metering and/or data retrieval from metering on-site or remotely via a form of electronic communication using a computerized device as applicable.

 

b)         Meter equipment installation. The tasks associated with the physical assembly and placement of metering equipment at a metering point.

 

c)         Meter equipment exchange. The tasks associated with the physical removal and the installation of metering equipment at a metering point.

 

d)         Meter equipment removal. The tasks associated with the physical extraction of metering equipment from a metering point.

 

e)         Maintenance of the meter system components. The remote or on-site testing, calibration, programming, modification, repair and replacement of meter system components.

 

f)         Meter communications device installation and maintenance. The remote or onsite installation, testing, calibration, programming, modification, repair and replacement of meter communication devices.

 

g)         Meter equipment provision. The ability of the MSP to supply and install metering equipment.

 

h)         Initiation or transfer of metering service. The removal, replacement, disabling, modification, or programming of metering equipment, for the purpose of establishing or changing the provider of metering service.

 

i)          Meter accuracy testing. Tasks associated with verifying the accuracy of measurement of the metering equipment ultimately used for billing, in accordance with applicable standards for required testing contained in this Part.

 

j)          Meter equipment design and engineering. Analyzing, specifying and documenting customers' metering equipment requirements.

 

k)         Meter attribute record keeping. Meter attribute record keeping includes, but is not limited to, what is required by Section 460.330.

 

l)          Accept raw meter data. The act of retrieving raw meter usage data used for billing from either the meter equipment directly, or from the agent or contractor with which the MSP has contracted to perform the retrieval function.

 

m)        Translate data into format for internal processing. The act of converting raw meter data received into a convenient internal format for storage, archiving, validating, editing, and estimating other business processes.

 

n)         Associate meter reads with customer identifiers for use in validation or estimation. The verified matching of meter data with the corresponding customer records.

 

o)         Validate, edit and estimate translated meter data. The act of checking a customer's translated meter data against documented thresholds for errors and/or omissions using documented estimation procedures to correct and edit meter data that fails the data integrity check.

 

p)         Translate data into common formats and post to server. The act of converting the validated, edited, and estimated data into documented common formats and posting to server accessible to applicable market participants.

 

Section 460.20  Application

 

This Part sets forth minimum requirements and shall apply to any applicant and MSP in this State. This Part shall not apply to an electric cooperative's operations or to a municipal system's operations within its service territory, nor shall it apply to any electric utility's operation within the utility's service territory.  However, this Part shall apply to an electric cooperative's operations, municipal system's operations and an electric utility's operations when it is providing metering services outside of its service territory.

 

Section 460.30  Requirements for Applicants

 

Each applicant shall include with its application the following items:

 

a)         The applicant shall certify that it will comply with all applicable Federal, State, regional and industry rules, policies, practices, procedures and tariffs for the use, operation, maintenance, safety, integrity, and reliability of the electric system. The applicant shall certify compliance with all other applicable laws and regulations and Commission rules and orders.

 

b)         The applicant shall certify that the only retail customers to which it will directly provide metering service are those that are taking delivery services.

 

c)         The applicant shall certify that it will comply with informational and reporting requirements that the Commission may by rule establish.

 

d)         The applicant shall provide the following:

 

1)         Applicant's name and street address.

 

2)         Applicant's Federal Employer Identification Number (FEIN).

 

e)         The applicant shall demonstrate that:

 

1)         The applicant is licensed to do business in the State of Illinois; and

 

2)         The employees of the applicant that will be installing, operating, and maintaining metering facilities within the State of Illinois, or any agent or contractor with which the applicant has contracted to perform those functions within the State of Illinois, has, or will have prior to performing those functions, the requisite knowledge, skills, and competence, as set forth in Subpart E, to perform those functions in a safe and responsible manner in order to provide safe and reliable service.

 

Section 460.40  Required Filings and Procedures

 

a)         The applicant shall publish notice of its application for certification in the Official State Newspaper within 10 days following the filing of the application for certification. The applicant shall file proof of publication with the Chief Clerk of the Commission. No later than 45 days after the application is properly filed with the Commission, and such notice is established, the Commission shall issue its order granting or denying the application.

 

b)         All applications for certification under this Part shall be verified as required by Section 200.130 of the Commission's Rules of Practice (83 Ill. Adm. Code 200.130).

 

c)         The applicant shall identify the geographic area or geographic areas in which the applicant seeks authority to offer service. The applicant shall provide the following:

 

1)         Description of the applicant's business;

 

2)         Description of the characteristics of customer groups the applicant proposes to serve; and

 

3)         Proof that notification of an intent to serve in any electric utility's service area has been previously provided to the agent, designated by the electric utility pursuant to 83 Ill. Adm. Code 215.10, of each electric utility in whose service area the applicant intends to serve.

 

d)         Itemized Filing Requirements

 

1)         At the time the applicant files an application for certification under this Part, the applicant shall also file its statement in support of application, supporting documents, and schedules containing information showing that the applicant meets the requirements of this Part.

 

2)         The applicant shall certify compliance with all terms and conditions required by Sections 8-201 through 8-207, 8-301, 8-302, 8-303, 8-305, 8-505, 8-507, 16-119, 16-122, 16-123, and 16-128(a) of the Act [220 ILCS 5/8-201, 8-202, 8-203, 8-204, 8-205, 8-206, 8-207, 8-301, 8-302, 8-303, 8-305, 8-505, 5-507, 16-119, 16-122, 16-123, and 16-128(a)], to the extent those Sections have application to the services being offered by the MSP.

 

e)         Contents of documents shall be consistent with Subpart B of the Commission's Rules of Practice (83 Ill. Adm. Code 200: Subpart B).

 

Section 460.50  Customer Records and Information

 

a)         The applicant shall agree to adopt and follow rules and procedures ensuring that authorizations received from customers, customer billing records, and requests for metering service transmitted to utilities are retained for a period of not less than two calendar years after the calendar year in which they were created. In addition to other lawful means of discovery, these records shall be made available by request to the Commission or its Staff on a confidential and proprietary basis, as necessary to carry out the Commission's obligations under the Act.

 

b)         The applicant shall preserve the confidentiality of its customer's data, and shall agree to adopt and follow rules and procedures to preserve the confidentiality of its customer's data.

 

c)         In the event that an MSP renders a bill to a retail customer for providing meter services, the bill shall indicate the period of time for which the bill is rendered, a description of the service rendered, the due date of the bill and a toll-free telephone number to contact for further information.

 

Section 460.60  License or Permit Bond Requirements

 

a)         The applicant shall execute and maintain a license or permit bond issued by a surety or insurance company authorized to transact business in the State of Illinois in favor of the People of the State of Illinois.  The surety or insurance company issuing the bond shall, at a minimum, be a qualifying surety or insurer.  The amount of the bond shall equal $150,000. The bond shall be conditioned upon the full and faithful performance of all duties and obligations of the applicant as an MSP and shall be 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 this bond as part of its application for certification.

 

b)         In the event that a license or permit bond is cancelled, expires or is drawn upon, the MSP shall execute and maintain an additional or replacement bond such that the cumulative value of all outstanding bonds never falls below the amount required in subsection (a) of this Section. The MSP shall file a copy of the additional or replacement bond with the Chief Clerk of the Commission and provide a copy to the Manager of the Commission's Financial Analysis Division or its successor at least 15 days in advance of the effective date of the bond. The filing shall include a cover letter that explains the purpose of the filing and shall be identified by the name of the MSP as it appears in the most recent Commission order granting the MSP certification.

 

c)         In the event that a license or permit bond is modified, the MSP shall file a copy of the modified bond with the Chief Clerk of the Commission and provide a copy of that bond to the Manager of the Financial Analysis Division or its successor at least 15 days in advance of the effective date of the modification. The filing shall include a cover letter that explains the purpose of the filing and shall be identified by the name of the MSP as it appears in the most recent Commission order granting the MSP certification.

 

Section 460.70  Confidential Documentation

 

If an applicant or MSP believes any of the information to be disclosed by that applicant or MSP is privileged or confidential, the applicant or MSP shall request that the Commission enter an order to protect the confidential, proprietary or trade secret nature of any data, information or studies pursuant to 83 Ill. Adm. Code 200.430. The applicant or MSP shall designate which information is privileged and confidential. Such information shall be marked as "confidential" and submitted separately under seal to the Chief Clerk of the Commission. The applicant or MSP is required to explain why that information is entitled to such protection in a supporting document pursuant to Section 460.40(d)(1).

 

Section 460.80  Penalties for Violations or Non-conformances

 

In the event that, after notice and hearing held on complaint or on the Commission's own motion, the Commission finds that an MSP is in violation of or non-conformance with one or more of the provisions of this Part, the Commission shall:

 

a)         Order the MSP to cease and desist, or correct, any such violation of or non-conformance with the provisions of this Part;

 

b)         Order the MSP to pay financial penalties not to exceed $10,000 per occurrence or $30,000 per day for those violations or non-conformances that continue after the Commission issues a cease-and-desist order; and

 

c)         Alter, modify, revoke or suspend the certificate of service authority of an MSP for substantial or repeated violations of or non-conformances with the provisions of this Part.

SUBPART B: REQUIREMENTS FOR CERTIFICATION

 

Section 460.100  Financial Qualifications

 

An applicant that meets and maintains all of the financial requirements described in this Section will be deemed to have sufficient financial resources to provide metering services to electric customers taking service under a utility's delivery services tariffs in the State of Illinois.

 

a)         Creditworthiness

 

1)         The applicant provides a copy of a Dun & Bradstreet Business Information Report that demonstrates, at a minimum, that the applicant has a Composite Credit Appraisal of "3" or lower and a PAYDEX score of "70" or higher. At the time of application for certification, the report shall be no more than 30 days old.

 

2)         If the applicant does not have a Dun & Bradstreet Composite Credit Appraisal, the applicant provides a copy of an Experian Small Business Intelliscore report that demonstrates, at a minimum, that the applicant has an Intelliscore of "63" or higher. At the time of application for certification, the report shall be no more than 30 days old.

 

b)         Insurance

 

1)         The applicant carries commercial general liability insurance, including Bodily Injury and Property Damage coverage. This insurance coverage shall be for a minimum of $5 million per occurrence with an annual aggregate limit of not less than $5 million. The policy shall provide insurance against third-party injury, including death, and third-party property damage; including, without limitation, injury to any customer and the employees and agents of the customer and of the DSP, and damage to the property of the customer and the DSP, caused by any act or omission of the MSP or of its employees, contractors, or other agents, in the conduct of the MSP's business. The policy shall recognize claims brought against the MSP by its customers, and the entity supplying electricity to the customer and the DSP. The insurance policy shall be valid for a period of not less than one year. The foregoing coverages shall be primary and shall not require contribution. The applicant or MSP may provide the coverages through the use of a primary liability policy or through a combination of primary liability and umbrella liability policies.  However, the total limits of liability shall not be less than the limits set forth in this subsection (b)(1).

 

A)        The applicant shall provide a certificate of insurance to the Chief Clerk of the Commission and the Manager of the Financial Analysis Division or its successor as part of its application for certification. If the applicant or MSP renews or makes changes in its insurance coverage, the insurance coverage must be continuous and without interruption.  The certificate of insurance and the insurance policies shall contain a provision that coverage afforded under the policies shall not be cancelled, allowed to expire, or subjected to reduction in the limits in any manner unless at least 30 days prior written notice (10 days notice in the case of nonpayment of premium) has been given to the Commission.

 

B)        All insurance coverage required by this Section shall be provided by insurance companies having ratings of A- or better and financial sizes of VII or larger in the latest edition of Best's Key Rating Insurance Guide that is in effect as of the issuance date of the certificate of insurance.

 

2)         Self-Insurance. The applicant may self-insure its liability exposure if it is authorized by the Illinois Industrial Commission to provide self-insurance for its obligations under the Workers' Compensation Act [820 ILCS 305]. As part of its application for certification, the applicant shall provide a copy of its Self-Insurance Certificate of Approval under Section 4 of the Workers' Compensation Act or the related rules (50 Ill. Adm. Code 7100.70). If the applicant is required to furnish security, indemnity, bond, or other provision for securing its workers' compensation obligations, then it shall be required to provide an unconditional guarantee, surety bond or standby letter of credit, or establish an escrow account to cover liability obligations that may be caused by any act or omission of the MSP or of its employees, contractors, or other agents, in the conduct of the MSP's business. The unconditional guarantee, surety bond, or standby letter of credit shall be issued in an amount of $5 million and be valid for a period of not less than one year.

 

A)        Unconditional Guarantee. The guarantor shall be an affiliate of the applicant that maintains at least one of the following commercial paper ratings: A-2 or higher from Standard & Poor's or its successor, P-2 or higher from Moody's Investor Service or its successor, D-2 or higher from Duff & Phelps or its successor, or F-2 or higher from Fitch IBCA or its successor; or at least one of the following long-term credit ratings: BBB- or higher from Standard & Poor's or its successor, Baa3  or higher from Moody's Investor Service or its successor, BBB- or higher from Duff & Phelps or its successor, or BBB- or higher from Fitch IBCA or its successor. The applicant shall provide a copy of the rating agency reports that present the ratings of the affiliate that is the guarantor, and the unconditional guarantee.

 

B)        Surety Bond. The surety bond or surety bonds shall be issued by a surety authorized to transact business in the State of Illinois. The surety company issuing the bond shall, at a minimum, be a qualifying surety.  The applicant shall provide a copy of the surety bonds and the authorization for the surety to transact business in the State of Illinois.

 

C)        Standby Letter of Credit. The standby letter of credit shall be irrevocable and issued by a financial institution with a long-term obligation rating of A- or higher from Standard & Poor's or its successor, A3 or higher from Moody's Investors Service or its successor, A- or higher from Duff & Phelps or its successor, or A- or higher from Fitch IBCA or its successor. The applicant shall provide a copy of the standby letter of credit and the ratings agency report that presents the long-term obligation rating of the financial institution extending the credit.

 

D)        Escrow Account. Deposits under escrow agreements shall be cash, negotiable United States government bonds, or negotiable general obligation bonds of the State of Illinois. Such cash or bonds shall be deposited in escrow with any State or national bank or trust company having trust authority in the State of Illinois. Securities used to fund an escrow account shall have at all times a market value at least equal to $5 million, the minimum amount of commercial general liability insurance required under subsection (b)(1). The applicant shall provide the name and business address of the escrow agent, the authorization giving the escrow agent trust authority in the State of Illinois, and a copy of a statement from the escrow agent detailing the type and amount of funds deposited in the escrow account.

 

Section 460.110  Technical Qualifications

 

a)         An applicant shall be deemed to possess sufficient technical capabilities to serve retail customers if it maintains a technical staff on duty or on call 24 hours each day to operate and maintain the applicant's facilities as needed. This technical staff shall include a person with previous experience of at least two years demonstrated electric metering experience and a person with at least two years operational experience. The persons used to meet the operational experience requirements shall have at least one year of information management experience and one year of technical supervisory experience. The applicant shall include in its application an exhibit containing occupational background information on the persons or agents who are being used to meet the requirements of this Section.

 

b)         Any person performing actual meter work in the field shall have the appropriate qualifications for the class of metering installation being worked on as set forth in Subpart E.

 

Section 460.120  Managerial Qualifications

 

An applicant shall be deemed to possess sufficient managerial capabilities to serve retail customers if it has one or more management persons with four or more years of experience in a management position with a business enterprise.

 

a)         The applicant shall include in its application an exhibit containing occupational background information on the persons or agents who are being used to meet the requirements of this Section.

 

b)         The applicant shall include in its application an exhibit containing a corporate organizational chart and indicate the position of the persons or agents who are being used to meet the requirements of this Section.

 

Section 460.130  Qualifications of Agents and Contractors

 

An applicant may meet the requirements of Sections 460.110 and 460.120 by entering into one or more contracts with others to provide the required services, provided that:

 

a)         Each agent and contractor on whom the applicant relies to meet Section 460.110 or Section 460.120 is disclosed in the application;

 

b)         The applicant shall certify that each agent or contractor will comply with all Sections of this Part applicable to the function or functions to be performed by the respective agent or contractor; and

 

c)         The applicant shall certify that it retains responsibility for the compliance of each agent or contractor with all Sections of this Part applicable to the function or functions to be performed by the respective agent or contractor.

SUBPART C: PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS

 

Section 460.200  General Provisions

 

a)         All MSPs shall continue to remain in compliance with the provisions of the Act and this Part. If an MSP received a certificate before the effective date of any provision of this Part that applies to applicants seeking certification to serve the same type of customer in the same geographic area, the MSP shall demonstrate that it has come into compliance with the provision no later than January 31 of the year following the year during which the provision took effect.

 

b)         All reports required under this Subpart shall be under oath and shall be filed with the Chief Clerk of the Commission with copies provided to the Manager of the Energy Division and the Manager of the Financial Analysis Division or their successors. The reports shall be identified with the name of the MSP as it appears in the most recent Commission order granting the MSP certification.

 

c)         All reports made to the Commission by any MSP shall be open to public inspection, unless otherwise ordered by the Commission. Such reports shall be preserved in the office of the Commission.

 

Section 460.210  Erroneous or Defective Reports

 

a)         When any report is erroneous or defective or appears to the Commission Staff to be erroneous or defective, the Commission Staff shall notify the MSP to amend the report within 30 days, and before or after the termination of the 30-day period the Commission Staff may examine the officers, agents, or employees, and books, records, accounts, vouchers, plant, equipment and property, of the MSP, and correct items in the report the Commission Staff finds defective or erroneous.

 

b)         If, after notice and hearing, the Commission finds that the MSP has failed to make and file any report required by the Commission within the time specified, or to make specific answer to any question propounded by the Commission within 30 days from the time it is lawfully required to do so, or within such further time, not to exceed 90 days, as may in its discretion be allowed by the Commission, the Commission shall revoke the certification to provide meter services previously granted to the MSP.

 

Section 460.220  Certification of Compliance with Subparts D, E and F

 

Prior to December 31 of each year after its certification, the MSP shall annually certify that it complies with the requirements of Subparts D, E and F of this Part. Contents of documents shall be consistent with Subpart B of the Commission's Rules of Practice (83 Ill. Adm. Code 200: Subpart B). The applicant shall provide the following along with its certification:

 

a)         The MSP's name and street address; and

 

b)         The MSP's Federal Employer Identification Number (FEIN).

 

Section 460.230  Financial Reporting Requirements

 

a)         The MSP shall provide a copy of the documents that this Subpart requires to demonstrate that it has sufficient financial resources to provide metering services to retail electric customers. The documents shall be submitted annually to the Chief Clerk of the Commission and the Manager of the Commission's Financial Analysis Division or its successor between December 1 and December 31.

 

b)         The MSP shall file an updated copy of a Dun & Bradstreet Business Information Report that demonstrates, at a minimum, that the MSP has a Composite Credit Appraisal of "3" or lower and a PAYDEX score of "70" or higher. The report shall be no more than 30 days old at the date of the annual filing.

 

c)         If the MSP does not have a Dun & Bradstreet Composite Credit Appraisal, the MSP shall file an updated copy of an Experian Small Business Intelliscore report that demonstrates, at a minimum, that the MSP has an Intelliscore of "63" or higher. The report shall be no more than 30 days old at the date of the annual filing.

 

d)         The MSP shall file evidence of insurance in one of the following ways:

 

1)         File a certificate of insurance as evidence that the commercial general liability policy was renewed for at least one year and the liability coverage will continue.  If the insurance company's rating or financial size is downgraded below the minimum required rating or financial size under Section 460.100(b)(1)(B), within 30 days after such downgrade, the MSP shall obtain new insurance coverage provided by an insurance company meeting or exceeding the required minimum rating and financial size.  A copy of the certificate of insurance for the new policy must be filed within that period with the Chief Clerk of the Commission and the Manager of the Commission's Financial Analysis Division or its successor; or

 

2)         MSPs that qualify to self-insure for the liability obligations shall file a copy of the Self-Insurance Certificate of Approval under Section 4 of the Workers' Compensation Act [820 ILCS 305].  If the MSP fails to maintain authorization from the Illinois Industrial Commission to provide self-insurance, the MSP must obtain insurance coverage as provided in Section 460.100(b)(1) within 120 days from the date that its authority to self-insure is revoked by Illinois Industrial Commission Order. The MSP must notify the Commission of the Order revoking its authority to self-insure within 30 days.   Within 120 days, the MSP must file a certificate of insurance with the Chief Clerk of the Commission and the Manager of the Commission's Financial Analysis Division or its successor as evidence that a Commercial General Liability policy has been issued and is valid for a period of not less than one year. MSPs that qualify to self-insure but are required to provide an unconditional guarantee, surety bond, letter of credit, or establish an escrow account shall file:

 

A)        A copy of the latest ratings report presenting the commercial paper or long-term credit or obligation ratings of the guarantors or financial institutions that issued the letter of credit, as applicable, between December 1 and December 31 of each year and within 15 days following any downgrade of such ratings previously filed with the Commission.  Within 30 days after a downgrade of the commercial paper or long-term credit ratings of the guarantors or financial institutions that issued the letter of credit to a level below the minimum rating required under this Subpart, the MSP shall submit a report that:

 

i)          identifies the subsection of this Part under which the MSP is seeking to demonstrate that its financial resources remain sufficient for providing the services for which it has received a certificate of service authority; and

 

ii)         includes the information and documents that subsection requires;

 

B)        If the surety company that issued the surety or license or permit bond is disqualified as a qualifying surety, the MSP shall have 30 days from the date that the company is disqualified to obtain a new surety or license or permit bond from a qualifying surety;

 

C)        Copies of any modified, replacement, or additional unconditional guarantees, letters of credit, surety bonds, or escrow accounts, as applicable, at least 15 days in advance of any modification, cancellation, or expiration of the financial agreements; and

 

D)        A statement presenting the type and balance of securities deposited in the escrow account, as applicable.

 

Section 460.240  Managerial Reporting Requirements

 

An MSP shall certify prior to December 31 of each year that it continues to maintain the required managerial qualifications for the service authority granted in its certificate. An MSP that meets the managerial qualifications requirements by entering into one or more contracts with others to provide the required services shall identify each agent or contractor on whom the MSP relies to meet the requirements, and shall certify that the agent or contractor will comply with all Sections of this Part applicable to the function or functions to be performed by the respective agent or contractor and that the MSP retains responsibility for the compliance of agents or contractors with all Sections of this Part applicable to the function or functions to be performed by the respective agent or contractor.

 

Section 460.250  Technical Reporting Requirements

 

An MSP shall certify prior to December 31 of each year that it continues to maintain the required technical qualifications for the service authority granted in its certificate. An MSP that meets the technical qualifications requirements by entering into one or more contracts with others to provide the required services shall identify each agent or contractor on whom the MSP relies to meet the requirements, and shall certify that the agent or contractor will comply with all Sections of this Part applicable to the function or functions to be performed by the respective agent or contractor and that the MSP retains responsibility for the compliance of agents or contractors with all Sections of this Part applicable to the function or functions to be performed by the respective agent or contractor.

SUBPART D: STANDARDS OF SERVICE

 

Section 460.300  Exemption or Modification

 

Any MSP may file an application requesting modification of or exemption from any provision in this Subpart that applies to the MSP. Upon showing that the modification or exemption is economically and technically sound and will not compromise safety, reliability or the service obligations of the MSP, the Commission may grant the modification or exemption. A petition for exemption or modification shall be filed pursuant to 83 Ill. Adm. Code 200 and shall set forth specific reasons and facts in support of the requested exemption or modification. Any request for modification or exemption shall be served on all ARES and electric utilities in whose service territory the MSP is providing metering service.

 

Section 460.310  Complaints

 

a)         Each MSP shall investigate each complaint received. The receipt of all written complaints shall be acknowledged in writing or verbally.

 

b)         Each complaint received by an MSP shall be documented, and any records required by this Part shall be made available to Commission personnel upon request. Each record shall contain, at a minimum, the name and address of the complainant, the time of day and the date received, the nature of the complaint, the result of the investigation and/or analysis, when and by whom conducted, the final disposition of the complaint, and the date of disposition.

 

c)         Records of complaints related to accuracy of metering equipment or data, other than requests for meter rereads, shall be kept in the following manner: each MSP receiving complaints shall keep an index or file containing all these complaints for three years, separated by year. If the MSP chooses to maintain an index of complaints, it shall contain enough information to allow access to individual records of each complaint.

 

Section 460.320  Customer Call Centers

 

a)         Each MSP shall maintain a customer call center where customers can reach a representative to discuss meter service issues. At least once every six months, each MSP 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 MSP 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 two 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 MSP may provide the Commission or its personnel with explanatory details. At a minimum, these records shall contain the following information in monthly increments:

 

1)         Total number of calls received;

 

2)         Number of calls answered;

 

3)         Average answer time;

 

4)         Number of abandoned calls; and

 

5)         Abandon call rate.

 

b)         MSPs that do not have electronic answering capability that meets the requirements of subsection (a) shall notify the Manager of the Commission's Consumer Services Division or its successor when filing an application for certification and work with Staff to develop individualized reporting requirements as to the call volume and responsiveness of the call center.

 

c)         On or before March 1 of every year, each MSP shall file with the Chief Clerk of the Commission a report for the preceding calendar year on its answer time and abandon call rate for its call center as described in subsection (a). A copy of the report shall be sent to the Manager of the Commission's Consumer Services Division or its successor.

 

Section 460.330  Meter Records

 

a)         Each MSP shall keep records that contain the following information about each service watt-hour meter and var-hour meter the MSP owns or has in service in this State:

 

1)         manufacturer and date of purchase, along with any testing data provided by the manufacturer that is used by the MSP for acceptance testing of the meter;

 

2)         manufacturer or MSP identification number;

 

3)         nameplate data, including:

 

A)        form designation or circuit description;

 

B)        "watt-hour meter" or other description;

 

C)        manufacturer's name or trademark;

 

D)        manufacturer's type;

 

E)        electrical current class;

 

F)         rated voltage;

 

G)        number of wires;

 

H)        frequency;

 

I)         test amperes;

 

J)         watt-hour meter constant; and

 

K)        watt-hour meter test constant (if applicable);

 

4)         date and place of present or most recent installation;

 

5)         date and type of last major repair, or of final disposition; and

 

6)         accuracy of each meter in accordance with the testing policies set forth in this Subpart, including:

 

A)        date of test;

 

B)        reason for test;

 

C)        reading and accuracy of meter as found and as left;

 

D)        creep test results, if applicable;

 

E)        identification of person performing test; and

 

F)         identification of equipment used to test meter.

 

b)         Each MSP shall keep records of tests of the accuracy of each of its service watt-hour meters installed in this State until superseded by a later test, but not less than three years. Each MSP shall keep all other records required by subsection (a) for not less than three years.

 

c)         Each MSP having service watt-hour meters installed in this State shall compile a report of the results of all meter accuracy tests required by this Part at least once each year. This report shall include the number of meters tested and the number of meters that tested outside of accuracy limits for each of the following categories: sample testing, periodic testing, and at customer request. Each MSP shall keep this report for not less than 8 years.

 

Section 460.340  Metering Service Requirements

 

a)         Each service watt-hour meter shall have a register or display on the front of the meter that: displays energy consumption in a definite and known proportion to the actual energy consumption of that customer; is plainly visible; and can be read by the customer. This requirement may be waived in writing by the customer. This requirement shall not affect the MSP's right to secure meters for safety reasons or in situations in which the meter is subject to excessive risk of damage or tampering. At the customer's request, a representative for the MSP shall explain to the customer how to read the meter used for billing that customer.

 

b)         If a billing multiplier is used to calculate customer usage, the MSP shall mark the billing multiplier on the front of the meter (or other location on the metering installation where the multiplier is plainly visible) and identify it as a billing multiplier at the time of installation or test, using a permanent marking method.

 

c)         No meter shall be installed that is known to be mechanically or electrically defective, or that has not been tested in accordance with this Subpart and shown to comply with the accuracy requirements in this Subpart.

 

d)         Meters shall be installed so as to be accessible to metering personnel for reading, testing, and making adjustments and repairs.

 

e)         Meters installed by MSPs shall, at a minimum, meet the standards set forth in Section 4.7 of the American National Standards Institute's (ANSI) Code for Electricity Metering (1995 edition, approved June 12, 1995, published by the National Electrical Manufacturers Association, 1300 N. 17th Street, Suite 1847, Rosslyn, Virginia 22209). This incorporation does not include any later amendment or edition.

 

f)         The MSP may refuse to install a meter or to serve a customer if, in the MSP's judgement, the metering installation is hazardous or of such character that satisfactory service cannot be provided. In case of refusal, the MSP shall inform the customer in writing of the reason for refusal to render service and shall notify within 24 hours by telephone or in person the customer and all entities providing service to that customer.

 

Section 460.350  Separate Metering

 

a)         Except as otherwise provided in subsection (c), a separate meter shall be used to measure the electricity that is consumed within, and controlled by the occupant of, each individual unit contained in any new building, newly remodeled portion of an existing building, or new mobile home park for which a building permit was obtained on or after November 1, 1981, or, if no permit was required, for which construction was commenced on or after November 1, 1981. Separately metered consumption shall be used as the basis for billing the occupant of the individual unit as a separate customer.

 

b)         Definitions – For purposes of this Section, the following definitions shall apply:

 

1)         "Individual unit" means each portion of a building that is separately leased, rented or owned.

 

2)         "Control"' means the ability of the occupant of an individual unit to determine the timing and amount of electricity consumed. Electricity used for central space heating, central water heating, central ventilation or central air conditioning systems is not "controlled" by the occupant of the individual unit.

 

3)         "Remodeled portion of a building" means each area in which interior alterations are made that are required by local code or ordinance.

 

4)         "Mobile home park" means contiguous parcels of land used for the accommodation of occupied mobile homes.

 

5)         "Multiple-unit building" means buildings with more than four individual units.

 

c)         Exceptions – Separate metering and billing of electricity shall not be required for the following:

 

1)         Units within buildings normally considered to be temporary domiciles, such as motels, dormitories, health care facilities and nursing homes.

 

2)         Residential units that do not have kitchen and bathroom facilities separate from common use facilities.

 

3)         Portions of buildings in which separate metering is impractical, such as concession stands in lobbies, and individual offices that share office service areas.

 

4)         Buildings for which space heating is provided by electric lighting and that qualify for service under special rates.

 

5)         Multiple-unit buildings that are designated as congregate, assisted-living care facilities for elderly or handicapped persons.

 

d)         Waiver – Any applicant for electric service who is refused master metered service by an MSP, and who has exhausted his remedies in the informal complaint process set forth by the Commission (83 Ill. Adm. Code 200.160), may file a formal complaint (83 Ill. Adm. Code 200.170) with the Commission seeking a waiver from the requirements of this Section or the corresponding rules of the MSP. The complaint shall comply with the Commission's Rules of Practice (83 Ill. Adm. Code 200) and shall name the MSP as a Respondent. The complaint shall allege that the long-run benefits of separate metering are outweighed by the associated costs or that separate metering would otherwise be impractical or unreasonable.

 

Section 460.360  Testing Facilities and Equipment

 

a)         Each MSP shall provide a meter shop adequately equipped with reference standards, instruments and other facilities, equipment, and personnel necessary to make the tests required of the MSP by this Part. Each MSP shall provide working standards and portable standards necessary to make the tests required of the MSP by this Part. All apparatus and equipment shall be available at all times during the MSP's established business hours for the inspection of or use by authorized representatives of the Commission. If meters used for billing and maintaining customer usage data are tested at a facility located outside this State, the MSP shall take precautions to insure that the meters are not damaged in transit to or from that testing facility.

 

b)         Each MSP shall verify the accuracy of all reference standards at least once every twelve months. If the comparison indicates that the reference standard is in error by more than 0.5% on any combination on which it will be used, the MSP shall adjust the standard to reduce the inaccuracy, if possible. In any case, the MSP shall apply the correction indicated by the certificate or calibration card accompanying the instrument (pursuant to subsection (d)).

 

c)         When in use for testing meters, all solid state working and portable standards  shall be compared to a reference standard at least once every six months. All other working and portable standards used regularly for testing meters shall be compared to a reference standard at least once every month. When working or portable standards are used for purposes other than testing meters, they shall be compared to a reference standard at least once each year. If found in error by more than 0.5%, the MSP shall adjust the instrument to read within the specified limits or shall apply the proper correction factor.

 

d)         Each working, portable or reference standard shall be accompanied at all times by a certificate or calibration card signed or initialed by the person responsible for the calibration giving the date and results of the last calibration of the instrument. The MSP shall keep any superseded certificates or calibration cards on file for at least three years.

 

e)         An authorized representative of the Commission may check or establish the accuracy of all testing equipment owned by each MSP that is used for testing metering equipment used or intended for use in this State, as well as the methods of operating such equipment. An authorized representative of the Commission shall perform an audit of each MSP's testing equipment and methods at least every three years. The MSP shall reimburse the Commission for all expenses related to audits of meter shops used or maintained by the MSP located outside this State.

 

Section 460.370  Meter Accuracy Requirements

 

a)         The accuracy of service watt-hour meters shall be determined using the following criteria:

 

1)         Light Load test: 10% of test amps at 100% power factor;

 

2)         Heavy Load test: 100% of test amps at 100% power factor; and

 

3)         Power Factor test: 100% of test amps at 50% lagging power factor. The power factor test is only required on meter shop tests.

 

b)         Accuracy limits:

 

1)         On any test of a service watt-hour meter, the meter shall be left so adjusted that the error shall not be in excess of the following:

 

A)        Average error: 1% fast or slow.

 

B)        Error at heavy load: 1% fast or slow.

 

C)        Error at light load: 1% fast or slow.

 

D)        Error at power factor: 2% fast or slow.

 

2)         Meters shall not be deliberately set in error by any amount.

 

c)         Each MSP shall test a service watt-hour meter for creep at the time it makes any accuracy test of that meter if the percent registration at light load deviates by greater than 2% from the percent registration at heavy load. No service watt-hour meter found to creep shall be placed in service or allowed to remain in service in that condition.

 

d)         The average percent registration of a watt-hour meter shall be determined by adding the light load registration to four times the heavy load registration and dividing that quantity by five.

 

e)         Demand meters, when tested on the loads specified in this Section, shall be adjusted, if necessary, to meet the following requirements:

 

1)         Demand Meters other than Lagged Demand Meters:

 

A)        Electrical element – Error shall not exceed that specified for service watt-hour meters in this Section.

 

B)        Timing element – When used to measure time interval only, error shall not exceed 2%. When used also to keep a record of time of day at which the demand occurs, error shall not exceed 0.25%.

 

2)         An MSP shall not install, provide, or maintain lagged demand meters in this State.

 

Section 460.380  Installation Inspections

 

Within 90 days after installation or exchange of any meter with associated instrument transformers and/or phase-shifting transformers, a post-installation inspection shall be made under load to determine if the meter is accurately measuring customer energy consumption.

 

Section 460.390  Initial Tests

 

Initial tests are tests made before installation, regardless of whether the meter and associated devices have previously been in service. Each meter and associated devices (unless included in the sample testing plan in Section 460.410) shall be inspected and tested in the meter shop of the MSP or other location that meets the requirements of this Part before being placed in service, and the accuracy of the meter shall be within the tolerances permitted by this Part. If a meter is removed from a customer's premises, except for field testing, it shall be tested and inspected as described above before it is placed in service again. If creep or inaccuracy is discovered in a meter removed from service, the MSP shall correct the metering data as detailed in Section 460.440.

 

Section 460.400  Accuracy Testing of Meters

 

a)         Each service watt-hour meter and var-hour meter shall be inspected and tested according to the schedule in subsection (b). At the time a service watt-hour meter or var-hour meter is tested, any demand meter associated with it shall be inspected or tested. Each demand meter shall be tested at least as often as the meter with which it is associated and, as nearly as practicable, at the same time. If the service watt-hour meter is of the type in which the same element that measures watt-hours is used to measure demand, then the watt-hour test and the demand test shall be considered to be one and the same.

 

b)         Alternating current service watt-hour meters and associated var-hour meters shall be tested according to the following schedule:

 

1)         Self-contained single-phase and three-wire network meters:

 

A)        Non-demand:

 

i)          Sample according to Section 460.410;

 

ii)         8 years;

 

B)        Demand:

 

i)          with pulse-operated electronic demand registers: 4 years;

 

ii)         with surge-proof magnets or solid state: 8 years.

 

2)         Self-contained 480 volt single-phase and poly-phase meters; transformer-rated single-phase meters:

 

A)        Non-demand:

 

i)          with surge-proof magnets: 8 years;

 

ii)         without surge-proof magnets: 4 years;

 

B)        Demand:

 

i)          Mechanical meters with pulse-operated electronic demand registers: 4 years;

 

ii)         with surge-proof magnets or solid state: 8 years.

 

3)         Transformer-rated poly-phase meters: 8 years.

 

c)         Direct current watt-hour meters shall be tested at least once every 12 months.

 

Section 460.410  Sample Testing Procedures

 

a)         An MSP that chooses to use sample testing shall use the procedures prescribed in any of the following documents (alone or in combination) to sample test non-demand, self-contained single-phase or three-wire network meters.

 

1)         ANSI/ASQC Z1.4-1993 "Sampling Procedures and Tables for Inspection by Attributes", approved 1993, American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee WI  53202. No later amendment or editions are incorporated.

 

2)         ANSI/ASQC Z1.9-1993 "Sampling Procedures and Tables for Inspection by Variables for Percent Nonconforming", approved 1993, American Society for Quality Control, 611 East Wisconsin Avenue, Milwaukee WI  53202. No later amendment or editions are incorporated.

 

b)         The MSP shall divide the meter population into homogeneous groups consisting of meters of the same basic type and purpose.  All meters within each homogeneous group shall be eligible for sampling each time a sample is taken.  A sample shall be taken each year from each homogeneous group, and testing shall be completed during the same calendar year. The size of each sample shall be determined through use of an allowed sampling procedure listed in subsection (a).

 

c)         The performance of a homogeneous group shall be considered acceptable when, after applying the performance criteria described in subsection (f) to each meter included in the sample, the sample indicates an acceptable quality level (AQL) at least as stringent as 2.5%. AQL shall indicate the maximum percentage of nonconforming meters to be permitted within a homogeneous group. 

 

d)         Each MSP shall perform 100% testing on all used or remanufactured meters purchased.

 

e)         Each MSP using sample testing shall file a yearly report no later than March 31 of the following year with the Chief Clerk of the Commission and provide a copy to the Manager of the Energy Division or its successor detailing the sample plan used in the previous year, along with the results of the testing program

 

f)         The performance of a meter that is tested as part of a sample shall be considered acceptable when its average percent registration, prior to any adjustment, is not less than 98% or more than 102%. The average percent registration for each meter shall be calculated as described in Section 460.370(d).

 

g)         All tests described in Section 460.370(a) shall be performed on all meters included in the sample, and all meters included in the sample shall be left adjusted so that the error shall not exceed the limits listed in Section 460.370(b).

 

h)         When an MSP finds the performance of any homogeneous group to be unacceptable through sample testing, the MSP shall perform corrective action on the group. Corrective actions outlined in this subsection shall be completed by the end of the second calendar year after the year in which the homogeneous group performance is initially found to be unacceptable. The corrective action shall consist of one of the following:

 

1)         Removal of a subgroup of problem meters from service so that the performance of the remaining meters in the group is found to be acceptable through subsequent sample testing; or

 

2)         Removal from service of all meters associated with the group.

 

(Source:  Amended at 28 Ill. Reg. 10623, effective August 1, 2004)

 

 

Section 460.420  Meter Tests Requested by Customer

 

a)         Upon customer request, the MSP shall test the customer's meter within 30 days after receiving the request, unless the customer agrees to a later time. The meter test shall be performed between 7 a.m. and 4 p.m. Monday through Friday, excluding holidays, unless some other time is agreed upon by the MSP and the customer. The test shall be performed at the meter installation location and in the customer's presence, unless the customer gives consent for the meter to be removed and/or tested outside the customer's presence.

 

b)         If the customer's meter has been tested at the request of an entity or customer while in service at the same location within the past six months, the MSP may provide the results of that test in reply to the customer's request in lieu of the test specified in subsection (a).

 

c)         An MSP shall not require any payment from the customer for a meter test, unless a test has been performed on that meter at that customer's request within the previous twelve months, or information has been provided as in subsection (b) within the past six months. In such cases, the customer shall be required to pay $40 to the MSP. The MSP shall refund the $40 deposit to the customer if the MSP finds that the meter over-registers by more than 2%.

 

d)         Commission referee tests

 

1)         Upon written application to the Commission by any customer, the MSP providing metering service shall test the customer's meter within 30 days after receiving notice of the written request from a Commission representative, unless the customer agrees to a later time. The application for a Commission referee test shall be accompanied by a fee of $20. The MSP shall conduct this test under the supervision of a representative of the Commission.

 

2)         On receipt of the request from a customer, a Commission representative shall notify the MSP. After the MSP has received notice that application has been made for a referee test, the MSP shall not disturb the meter in any way, unless the customer or the Commission representative gives written permission for the meter to be removed.

 

3)         The MSP shall furnish to the Commission's representative such assistance as may be required to make the test. The Commission's representative shall make a written report of the results of the test to the customer within 30 days after the test.

 

4)         If upon test the meter is found to over-register by more than 2%, the MSP shall reimburse the customer the amount paid to the Commission for the test. The MSP shall also make any necessary metering data adjustment.

 

e)         No MSP shall be required to perform more than two tests of the same meter installed at the same location at customer request within a twelve month period, unless a Commission referee test is requested. After a Commission referee test, the MSP shall not be required to test the same meter for a period of at least twelve months.

 

Section 460.430  Meter Tests Requested by Entity

 

a)         Upon request from an entity, the MSP shall test the meter within 30 days after receiving the request, unless the requesting entity agrees to a later time. The meter test shall be performed between 7 a.m. and 4 p.m. Monday through Friday, excluding holidays, unless some other time is agreed upon by the entity and the MSP. The test shall be performed at the meter installation location and in the presence of a representative of the requesting entity, unless the requesting entity gives consent for the meter to be removed and/or tested without the representative's presence.

 

b)         If the meter has been tested at the request of an entity or customer while in service at the same location within the past six months, the MSP may provide the results of that test in reply to the entity's request in lieu of the test specified in subsection (a).

 

c)         Meter tests requested by entities may be performed at any time agreeable to the MSP and the entity if the customer's electrical service will not be interrupted by the test. If the customer's electrical service will be interrupted by the test, the MSP or requesting entity shall obtain permission from the affected customer to interrupt the service before the test is performed.

 

d)         The entity requesting the meter test shall be required to pay the actual cost (not to exceed $250) of performing the test to the MSP performing the test. The MSP performing the test shall refund the payment to the entity if the meter over-registers by more than 2%. No entity shall induce a customer to request a meter test on behalf of that entity to avoid paying the actual cost of the meter test.

 

e)         The MSP providing metering service shall not be required to provide more than one test on the same meter at the same location more than once every three years at the request of another entity, unless the other entity requests a Commission referee test.

 

f)         If an entity requests a Commission referee test, the requesting entity shall pay $20 to the Commission and the actual cost (not to exceed $250) of the test to the MSP. If the meter over-registers by more than 2%, the MSP shall refund both fees to the requesting entity and shall make any necessary meter data adjustment. The MSP shall not be required to provide a Commission referee test on the same meter at the same location more than once every twelve months.

 

Section 460.440  Corrections and Adjustments for Meter Error

 

a)         Regardless of the source of inaccuracy in a customer's meter usage data, the MSP shall correct the data and provide corrected data for all affected billing periods to all entities billing the customer.

 

b)         Whenever any test made by an MSP or by the Commission shows a meter to have an average error of more than 2%, a correction of the metering data shall be determined by the MSP and that correction shall be conveyed within 3 business days to the customer and to other entities involved in billing the customer.

 

c)         When a meter is found to have an average error of more than 2%, the MSP shall determine the metering data correction using the actual percentage of error as determined by the test, not the difference between the allowable error and the error found as a result of a test.

 

d)         If the meter is found to run faster than allowable, the MSP shall determine the correction to the metering data for that meter. In determining the correction it shall be presumed, unless demonstrated otherwise, that the inaccuracy has existed for a period of two years. This period of presumed inaccuracy shall not exceed the time for which records of the current customer's usage exist.

 

e)         If the meter is found to be slower than allowable, the MSP shall determine the correction to the metering data for that meter. In determining the correction, it shall be presumed, unless demonstrated otherwise, that the inaccuracy has existed for a period of 1 year prior to the test for small commercial and residential customers and 2 years prior to the test for all other customers.

 

f)         In the case of a non-registering meter that has been read during the period of non-registration, the MSP shall not determine a correction to metering data for estimated consumption extending over more than twice the regular interval between readings.

 

g)         No corrections to metering data for meter error shall extend beyond the in-service date of the meter discovered to be in error, nor shall any correction be required to extend beyond the date upon which the current customer first occupied the premises at which the error is discovered.

 

h)         Whenever an MSP or the Commission's representative finds that a service watt-hour meter, while in service, exhibits creep, the MSP shall make an estimate of the registration caused by the creep during the period as specified under subsection (c) and shall make a corresponding correction in the metering data.

 

i)          Any correction to metering data made by the MSP and all records relating to the adjustment of the customer's billing or charges shall be retained for at least two years.

 

j)          Provisions of this Subpart do not apply to situations in which the customer's wires, meters or other service equipment have been tampered with and the customer enjoyed the benefit of the tampering.

 

Section 460.450  Meter Tampering, Theft of Service, and Illegal Taps

 

a)         MSP workers shall visually inspect meter sites for conditions associated with meter tampering, theft of service or an illegal tap. When a condition associated with theft of service is observed, the MSP shall immediately notify the DSP, the energy supplier and any other entities providing service to the customer of any evidence of meter tampering, energy theft or meter security compromise on a customer's premises, and in no event later than one business day after discovery of the evidence. The following information shall be conveyed to the DSP when theft of service is discovered by the MSP:

 

1)         description of evidence;

 

2)         action taken by MSP;

 

3)         contact information at customer's facility; and

 

4)         meter and account information.

 

b)         The MSP shall cooperate with entities providing electric service to the customer to determine and implement the appropriate corrective action. If a theft-of-service condition is not remedied within 10 business days, except upon agreement between the DSP, MSP and energy supplier, the DSP shall have the right to immediately remove and replace the meter or affected metering equipment, with standard DSP metering equipment. The meter shall be held as evidence in a theft-of-service investigation.

 

c)         If an MSP alleges that tampering or theft of service has occurred, the MSP shall have the burden of proving, by a preponderance of the evidence, that the customer's meter has been tampered with, that the customer has benefited from the tampering and that the rebilling is reasonable.

 

Section 460.460  Meter Reading and Meter Data Management

 

a)         MSPs shall read all meters serving retail customers in compliance with the DSP's tariff requirements.

 

b)         When a customer or entity requests verification of a meter read and the MSP cannot satisfy the customer or entity with an automatic meter read, the MSP shall perform an on-site meter read within 5 business days.

 

c)         Within 5 business days after installation of a remotely read meter, the MSP shall check that the meter and the meter reading system are working properly. If there is no load available to test the meter at the time of installation, the MSP shall check that the meter and the meter reading system are working properly within 5 business days after load becomes available.

 

d)         The MSP shall provide meter usage data to market participants serving the customer using the applicable standard electronic transaction protocol or manual process.

 

e)         The MSP shall keep the most recent 36 months of meter usage data for each customer. The MSP shall retain both raw and translated meter usage data. Meter usage data for the most recent 12 months shall be available upon request to authorized persons within 3 business days. Meter usage data that is more than 12 months old but less than 37 months old shall be available upon request to authorized persons within 10 business days.

 

Section 460.470  Retention of Related Records

 

a)         This Section applies to all books of account and other records prepared by or on behalf of the MSP.

 

b)         This Section shall not be construed as excusing compliance with any other lawful requirements for the preservation of records for periods longer than those prescribed in this Section.

 

c)         Each MSP subject to this Part shall designate one or more persons with official responsibility to supervise the MSP's program for the preservation and the authorized destruction of its records.

 

d)         All records that are required by this Section to be preserved shall be so arranged, filed and currently indexed by the MSP that they may be identified and made available upon request to representatives of the Commission.

 

e)         The destruction of the records permitted to be destroyed under the provisions of this Section may be performed in any manner elected by the MSP concerned. The MSP shall destroy the legibility of records that contain confidential customer information before or during disposal to prevent unauthorized persons from obtaining such information.

 

f)         When any records are destroyed before the expiration of the prescribed retention period, the MSP shall file a verified statement within 90 days after the date of discovery of such destruction with the Chief Clerk of the Commission describing the records destroyed and the circumstances of the accidental or other premature destruction. Discovery of loss of records shall be treated in the same manner as in the case of premature destruction.

 

g)         Each MSP shall retain all meter usage data collected from each meter for at least three years.

 

h)         Each MSP shall keep all service requests from customers for at least one year.

 

i)          Each MSP shall keep all connection and disconnection orders from DSPs for at least one year.

 

j)          Each MSP shall keep a copy of any contract with each customer for at least one year after service is discontinued with that customer.

 

k)         Each MSP shall keep a record of each customer's bill as issued for at least one year.

 

l)          Each MSP shall keep a record of all adjustments to meter usage data and customer bills for at least three years, with an explanation for the adjustment.

 

m)        Each MSP shall keep a record of all high-bill complaints, whether or not such complaint results in an adjustment to the customer's account, for at least one year.

 

n)         Each MSP shall keep a record of all training for each employee used to satisfy the technical requirements of this Part until at least one year after that employee is no longer employed by the MSP.

SUBPART E: METER WORKER QUALIFICATIONS

 

Section 460.500  General Qualifications for Meter Workers

 

a)         Three levels or "classes" of meter worker qualifications are established in this Subpart for MSP meter workers.

 

b)         Meter workers performing services on behalf of an MSP shall be trained and shall exercise due care in performing these functions.

 

c)         An MSP employee who performs service metering work shall have company-issued photo identification indicating the worker's employer and the class of meter work the worker is qualified to perform. This identification shall be carried by the employee whenever performing meter work.

 

d)         An MSP employee shall be able to identify theft-of-service conditions and take appropriate action.

 

Section 460.510  Illinois Class 1 Qualification

 

a)         Metering Types and Voltages. Workers with an MSP Class 1 Qualification are permitted to perform work on single-phase, socket-based meters, operating at a maximum of 120/240 volts or 120/208 volts. This level of qualification does not include transformer-rated meters. Also, connections of meter communications devices shall be outside of energized meter panels.

 

b)         Work to be Performed.  MSP Class 1 meter workers may install, remove and replace single-phase, 120/240 volt or 120/208 volt self-contained meters in standard socket-based metering installations. Connections for communication conductors shall be outside the energized meter panels. MSP Class 1 meter workers may be required to install jumpers on single-phase services where bypass provisions are provided or operate a manual bypass switch to maintain service continuity where applicable.

 

c)         Safety Skills

 

1)         Knowledge of basic electrical theory and associated hazards and ability to perform work while avoiding hazards; and

 

2)         Knowledge of and ability to perform work in compliance with procedures and safety rules applicable to class of work performed, including:

 

A)        Basic safety (e.g., driving hazards and animal bite prevention);

 

B)        Electrical safety;

 

C)        OSHA requirements;

 

D)        State requirements;

 

E)        Personal protective equipment;

 

F)         Distribution safety procedures.

 

d)         Essential Technical Skills

 

1)         Knowledge of basic AC/DC electrical theory;

 

2)         Knowledge of single-phase electrical metering;

 

3)         Knowledge of electric distribution in general;

 

4)         Knowledge of the meter panel and socket layout for the metering conditions of this class of meter work;

 

5)         Ability to identify energy diversion or tampering related to this class of meter work;

 

6)         Ability to install and remove damaged and undamaged meters;

 

7)         Ability to read meters used in this class;

 

8)         Ability to use tools appropriate to this class of work;

 

9)         Ability to connect meter communications external to the meter panel;

 

10)         Customer contact skills;

 

11)         Ability to distinguish between single-phase and poly-phase services;

 

12)         Knowledge of  DSP construction standards and local inspection authority requirements;; and

 

13)         Ability to safely jumper single-phase meter sockets to maintain service continuity.

 

e)         Determination of Essential Technical and Safety Skills

 

1)         MSPs shall develop and implement a program to train workers to perform Class 1 meter work safely and properly;

 

2)         A minimum of 500 hours on the job training with a Class 1 meter worker (with at least 1 year of experience as a Class 1 meter worker) or with a meter worker with a higher classification and successful completion of the MSP classroom training program.

 

f)         Meter Worker Certification and Re-certification Requirements

 

1)         Employees are certified by the certified MSP, based on successful completion of the training program referenced in subsection (e), demonstrated ability to perform Class 1 meter worker safety skills and essential technical skills, and  prior experience;

 

2)         A Class 1 meter worker who has not performed metering work equivalent to that described in subsection (b) for six months or more shall be re-certified prior to performing Class 1 meter work.

 

Section 460.520  Illinois Class 2 Qualification

 

a)         Metering types and voltages. Workers with an MSP Class 2 Qualification are permitted to perform work on all Class 1 meter types, as well as:

 

1)         All self-contained and instrument rated meters less than 600 volts;

 

2)         Accuracy testing of all self-contained meters (field);

 

3)         A-Base meters less than 600 volts;

 

4)         K-Base meters;

 

5)         Communication hook up; and

 

6)         Meters with communication wiring routed inside the panel (work can be in and around energized circuits).

 

b)         Work to be Performed

 

1)         A Class 2 meter worker may work in and around energized circuits, as permitted by the procedures and safety rules of the certificated MSP;

 

2)         In addition to performing the work of a Class 1 meter worker, a Class 2 meter worker may install, remove and replace poly-phase, under 600 volts, self-contained meters in safety socket and standard socket-based metering equipment. A Class 2 worker may operate test-bypass facilities in self-contained safety sockets and install communication wiring inside the panel. A Class 2 worker may be required to install jumpers on services where bypass provisions are provided or operate a manual bypass switch to maintain service continuity where applicable. On panels without bypass provisions or test-bypass facilities, a Class 2 worker may not remove or install poly-phase meters without first disconnecting the customer load;

 

3)         A Class 2 meter worker may install, remove and replace all meters consistent with subsection (b), including transformer-rated meters less than 600 volts; and

 

4)         A Class 2 meter worker may operate test switches, but may not install, alter, maintain or replace wiring between the meter, test switch, test block and associated equipment.

 

c)         Safety Skills

 

1)         All of the safety skills required for Class 1 meter workers;

 

2)         Electrical safety knowledge and work skills appropriate for three-phase metering up to 600 volt phase-to-phase, including the ability to identify and refer to a Class 3 meter installer services above 600 volt phase-to-phase prior to performing work in the service equipment, or if voltage rating is not labeled, at the time of initial voltage check;

 

3)         Ability to operate test-bypass facilities or test blocks in a self-contained safety socket; and

 

4)         Ability to install jumpers on services where bypass provisions are provided or operate a manual bypass switch to maintain service continuity where applicable.

 

d)         Essential Technical Skills

 

1)         All of the essential technical skills required for Class 1 meter workers;

 

2)         Knowledge needed for up to 600 volt poly-phase service and the forms and voltages applicable to Class 2 meter work;

 

3)         Ability to route communication wiring to accommodate meter communications;

 

4)         Ability to understand, interpret, identify and take appropriate actions based upon built-in diagnostics of solid state meters;

 

5)         Ability to perform phase rotation assessments;

 

6)         Ability to work with transformer-rated meters and operate test switches and test blocks;

 

7)         Ability to install jumpers on services where bypass provisions are provided or operate a manual bypass switch to maintain service continuity where applicable; and

 

8)         Ability to test self-contained meters in locations other than in the meter socket using semi-automatic meter test equipment (field test).

 

e)         Determination of Essential Technical and Safety Skills

 

1)         MSPs develop and implement a program to train workers to perform Class 2 meter work safely and properly;

 

2)         Minimum of one year experience as a Class 1 meter worker, 4000 hours on the job training with a Class 2 meter worker (with at least 1 year of experience as a Class 2 meter worker) or a meter worker with a higher classification, and successful completion of the MSP classroom training program.

 

f)         Meter Worker Certification and Re-certification Requirements

 

1)         Employees are certified by the certificated MSP, based on successful completion of the training program referenced in subsection (e), demonstrated ability to perform Class 2 safety skills and essential technical skills, and  prior experience.

 

2)         A Class 2 meter worker who has not performed metering work equivalent to that described in subsection (b) for six months or more shall be re-certified prior to performing Class 2 meter work.

 

Section 460.530  Illinois Class 3 Qualification

 

a)         Metering Types of Voltages.  Workers with an MSP Class 3 Qualification are permitted to perform work on all meter types applicable to Classes 1 and 2 meter workers. Class 3 work also includes:

 

1)         Metering up to 600 volts, with transformer-rated meters and with primary and secondary voltages less than 600 volts;

 

2)         Metering systems with instrument transformer primary side voltages over 600 volts;

 

3)         Metering systems with communication wiring behind the panel (work can be in and around energized circuits);

 

4)         Switchboard (panel mounted) meters;

 

5)         All accuracy testing (field);

 

6)         All programming; and

 

7)         Circuit analysis.

 

b)         Work to be Performed

 

1)         A Class 3 meter worker may work in and around energized circuits, as permitted by the procedures and safety rules of the certificated MSP;

 

2)         In addition to performing Class 1 and 2 meter work, a Class 3 meter worker may install, remove and replace meters consistent with the description provided in subsection (a);

 

3)         A Class 3 meter worker may operate test switches and test blocks, perform in-field meter accuracy tests and calibrations, and perform all types of meter maintenance and troubleshooting; and

 

4)         A Class 3 meter worker may program and verify internal programs and software in solid state meters.

 

c)         Safety Skills

 

1)         All of the safety skills required for Class 1 and Class 2 meter workers; and

 

2)         Ability to conform processes to additional electricity hazards, unique customer environments, and complexities associated with metering switchboards, testing meters and  maintaining meters.

 

d)         Essential Technical Skills

 

1)         All of the essential technical skills required for Class 1 and Class 2 meter workers;

 

2)         Ability to perform work on metering switchboards;

 

3)         Knowledge of the operating characteristics of metering transformers and the ability to operate test switches and test blocks;

 

4)         Ability to perform calibration, repair, retrofit, troubleshooting, and data collection from electric meters; and

 

5)         Ability to install, maintain and program advanced metering technologies, including time-of-use meters, interval meters, real time pricing, remote meter communication, and load control devices.

 

e)         Determination of Essential Technical and Safety Skills

 

1)         MSPs develop and implement a program to train workers to perform Class 3 meter work safely and properly; and

 

2)         Minimum of one year experience as a Class 2 meter worker, 2000 hours of on the job training with a Class 3 meter worker (with at least 1 year of experience as a Class 3 meter worker), and successful completion of the MSP classroom training program.

 

f)         Meter Worker Certification and Re-certification Requirements

 

1)         Employees are certified by the certificated MSP, based on successful completion of the training program referenced in subsection (e), demonstrated ability to perform Class 3 safety skills and essential technical skills, and prior experience;

 

2)         A Class 3 meter worker who has not performed metering work equivalent to that described in subsection (b) for six months or more shall be re-certified prior to performing Class 3 meter work.

 

g)         Continuing Education. A Class 3 meter worker shall participate annually in at least 12 hours of continuing education. The content of this training shall be determined by the certificated MSP and shall address standards of practice and related safety issues.

SUBPART F: SAFETY REQUIREMENTS

 

Section 460.600  Reports of Accidents

 

a)         Except as otherwise specified in this Section, each MSP will report every accident occurring on property owned by the MSP or resulting from the construction, installation, operation and maintenance of its property within this State. Each report will include, at a minimum, the date, time and place of the accident, description of accident, number of persons killed or injured and name of each person reported.

 

b)         Whenever any such accident occasions the loss of life or limb to a person, the MSP will notify the Manager of the Commission's Energy Division or its successor as quickly as possible, but not to exceed 4 hours after the discovery of the accident.

 

c)         An accident that causes death or personal injury to any persons or that causes over $100,000 damage to the property of the MSP should be reported. Any traffic accident that causes death to any persons on public thoroughfares involving an MSP operated motor vehicle should be reported.

 

d)         In reporting damages to property, the MSP may state the amount in the nearest even dollars. The MSP shall provide an estimate if the actual amount is not known. The MSP need not include sums paid or payable for death or personal injury.

 

e)         Accidents to persons resulting in death due to injuries sustained from the accident shall be reported as "killed". All other accidents to persons shall be reported as "injured."

 

f)         Accidents to employees shall be reported if the injury prevents the employee from performing normal duties for more than three aggregate days. Accidents to non-employees shall be reported if the injured is not able to resume normal activities within one day.

 

g)         If no accidents occur within a year, the MSP shall file a verified statement with the Chief Clerk of the Commission before February 1 of the following year indicating that no accidents occurred during the previous year.

 

Section 460.610  Site Inspections

 

a)         An MSP employee shall visually inspect meter sites prior to performing any work on site. An MSP employee shall not perform any work unless all hazardous conditions are corrected. If a hazardous condition exists that must be corrected by the DSP, the MSP shall notify the DSP immediately. If a hazardous condition exists that must be corrected by the customer, the MSP shall notify the customer immediately.

 

b)         An MSP employee shall immediately notify public safety personnel if a hazardous condition exists that might reasonably be expected to endanger the public if not immediately corrected.

 

c)         If an MSP employee determines that a customer should be designated as a life support customer, the MSP shall notify the DSP of the circumstances and request evaluation of the customer. The MSP may temporarily mark the metering installation with a life support seal until the DSP determines if the customer qualifies as a life support customer. In no case will an MSP classify a customer as a life support customer if the DSP determines that the customer does not qualify.