Section 281.10  Scope and Application

 

This Part shall apply to electric and natural gas utilities and establishes procedures governing eligibility for protection of the households of military service members.

 

Section 281.20  Definitions

 

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

 

"Commission" means the Illinois Commerce Commission.

 

"Hardship to the consumer" means an installment payment amount that a gas or electric utility customer will be unable to pay due to a lack of available funds, provided that the amount in arrears to be placed on installment payments is owed by a residential customer at a premises where a service member had his/her primary residence immediately prior to being ordered into military service.

 

"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. [220 ILCS 5/8-201.5(a)]

 

"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. [220 ILCS 5/8-201.5(a)]

 

Section 281.30  Prohibition on Service Shut-offs

 

No gas or electric utility shall for nonpayment stop gas or electricity from entering the residential premises that was the primary residence of a service member immediately before the service member was assigned to military service. [220 ILCS 5/8-201.5(b)]

 

Section 281.40  Eligibility

 

In order to be eligible for the benefits granted to service members under this Part, a service member must provide the utility with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service. [220 ILCS 5/8-201.5(c)]

 

Section 281.50  Proof of Primary Residence

 

a)         If a service member is not the customer of record for the premises and the service member's copy of orders calling him or her into military service do not contain the primary residence of the service member, then a utility may require documentation to prove the primary residence of the service member immediately prior to the service member's order into military service.  If the utility requires documentation, it may require no more than two proofs of address.

 

b)         This documentation may include, but is not limited to, the following:

 

1)         Leases;

 

2)         Government issued identification;

 

3)         Student identification;

 

4)         Bank statements;

 

5)         Mortgage statements;

 

6)         Credit card statements;

 

7)         Student loan statements;

 

8)         Credit reports;

 

9)         Pay stub or electronic deposit receipt;

 

10)         Affidavit certifying residency;

 

11)         Vehicle registration;

 

12)         Phone book listing;

 

13)         Other utility bill statements;

 

14)         Voter registration;

 

15)         Report cards; or

 

16)         Official mail from a school or any unit of government.

 

Section 281.60  Installment Payment Arrangements

 

Upon return from military service of a service member, if the gas or electric utility account at the service member's primary residence has gone into arrears during the service member's service, the utility shall offer a period equal to at least the period of military service to pay the arrearage.  The utility shall inform the residential consumer that, if the period the utility offers presents a hardship to the consumer, the consumer may request a longer period to pay the arrearages and may request the assistance of the Illinois Commerce Commission to obtain a longer period. [220 ILCS 5/8-201.5(d)]

 

Section 281.70  Prohibition of Late Fees and Interest

 

No late payment fees or interest shall be charged to the residential consumer during the period of military service or the repayment period. [220 ILCS 5/8-201.5(d)]

 

Section 281.80  Recovery of Uncollectible Costs

 

a)         A gas or electric utility that does not have in effect an automatic adjustment clause tariff under either Section 16-111.8 or Section 19-145 of the Act may elect to recover its uncollectible costs incurred as a result of compliance with Section 8-201.5 of the Act in either of two ways:

 

1)         file a tariff in conformance with Section 16-111.8 or Section 19-145 of the Act to recover the uncollectible costs incurred in compliance with Section 8-201.5 of the Act; or

 

2)         defer its uncollectible costs incurred in compliance with Section 8-201.5 of the Act for cost recovery in its next general rate case.

 

b)         A utility may only change its election under subsection (a) after petitioning the Commission pursuant to the Commission's Rules of Practice (83 Ill. Adm. Code 200).

 

c)         The automatic adjustment clause tariff filed pursuant to subsection (a)(1) must include the provision that the utility will file an annual reconciliation petition as described further in Section 16-111.8(c) or Section 19-145(c) of the Act.

 

d)         The automatic adjustment clause tariff filed pursuant to subsection (a)(1) must include the provision that the utility will submit an annual internal audit report to the Manager of the Commission's Accounting Department on or before August 31 of each year. The audit shall include, but not be limited to, the following tests:

 

1)         test that costs recovered through the rider are not recovered through other approved tariffs;

 

2)         test customer bills to determine that all uncollectible adjustment factors are being properly billed to customers in the correct time periods;

 

3)         test that rider uncollectibles revenues are properly stated; and

 

4)         test that costs classified as uncollectible expenses as reported in Form 21, Annual Report to the Illinois Commerce Commission, are being identified, recorded and properly reflected in the calculation of rates and reconciliations.