Section 452.140  Waivers

a)         Any electric utility subject to this Part that uses its transmission or distribution system to directly provide generation services to 50,000 or fewer retail customers in Illinois may petition the Commission for waiver of Section 452.30, 452.35(b) and (c), 452.40, 452.60, 452,70, 452.80, 452.90, 452.100 or 452.170 of this Part. The petition must include a demonstration of the following:

1)         that the electric utility does not own, operate, or control power generation resources;

2)         that no affiliate of the electric utility owns, operates, or controls power generation resources;

3)         that the electric utility provides only mandatory generation services;

4)         that any power and energy provided to customers in the electric utility's Illinois service area is obtained entirely through wholesale purchases at tariffs approved, or allowed into effect, by the Federal Energy Regulatory Commission;

5)         that no power and energy provided to customers in the electric utility's Illinois service area is obtained from an affiliated interest; and

6)         that the electric utility employs a Commission-approved fuel adjustment clause or similar mechanism to recover costs of providing mandatory generation services.

b)         In evaluating any petition, the Commission shall assess the effect of the provisions of this Part for which a waiver is requested on the cost and reliability of service of the electric utility and the objective of Section 16-119A of the Act [220 ILCS 5/16-119A] to prevent undue discrimination and create or promote efficient competition. The continued effectiveness of any waiver obtained under this Section shall be conditioned upon the electric utility's continual compliance with subsections (a)(1) through (a)(6). At any time that the Commission finds, upon complaint or on its own motion, that the electric utility no longer satisfies the requirements of subsections (a)(1) through (a)(6), the Commission may rescind the waiver granted.