(220 ILCS 5/16-105.5)

Sec. 16-105.5. Rate case filing and revenue-neutral rate design.

(a) An electric utility that files a general rate case pursuant to Section 9-201 of this Act or a Multi-Year Rate Plan pursuant to Section 16-108.18 of this Act may omit the rate design component of such filing and subsequently separately file this component with the Commission, subject to the requirements of subsections (b) and (c) of this Section.

(b) If the electric utility makes the election described in this Section, then the filing shall be consistent with the rate design and cost allocation across customer classes approved in the Commission's most recent order regarding the electric utility's request for a general adjustment to its rates entered under Section 9-201, subsection (e) of Section 16-108.5, or Section 16-108.18 of this Act, as applicable.

(c) If the electric utility makes the election described in this Section, then the following provisions apply to the separate filing of the revenue-neutral rate design component:

(1) No later than one year after the tariffs implementing the general rate case filing or Multi-year Rate Plan filing, as described in subsection (b) of this Section, are placed into effect, the electric utility shall make a filing with the Commission that proposes changes to the tariffs to incorporate the findings of any final rate design orders of the Commission applicable to the electric utility and entered subsequent to the Commission's approval of the tariffs. If no such orders have been entered, then the electric utility must submit its separate revenue-neutral rate design filing no later than 3 years after the date on which the Commission's most recent final rate design order was entered for the electric utility. The electric utility's separate revenue-neutral rate design filing may either propose revenue-neutral tariff changes or refile the existing tariffs without change, which shall present the Commission with an opportunity to suspend the tariffs and consider revenue-neutral tariff changes related to rate design. The Commission shall, after notice and hearing, enter its order approving, or approving with modification, the proposed changes to the tariffs within 240 days after the electric utility's filing. Any changes ordered by the Commission shall become effective at the commencement of the first January monthly billing period that begins no earlier than 30 days after the Commission issues its order adopting such changes.

(2) Following Commission approval under paragraph (1) of this subsection (c), the electric utility shall make a filing with the Commission during each subsequent 3-year period that either proposes revenue-neutral tariff changes or refiles the existing tariffs without change, which shall present the Commission with an opportunity to suspend the tariffs and consider revenue-neutral tariff changes related to rate design. The requirements of this paragraph (2) shall terminate at the time that the electric utility files a general rate case or Multi-Year Rate Plan that includes the rate design component.

(Source: P.A. 102-662, eff. 9-15-21.)