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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. This Act may be referred to as the Home Energy |
5 | | Affordability and Transparency (HEAT) Act. |
6 | | Section 5. The Public Utilities Act is amended by changing |
7 | | Sections 16-115, 16-115A, 16-115B, 16-118, 16-119, 16-123, |
8 | | 19-110, 19-115, 19-120, 19-130, 19-135, and 20-110 and by |
9 | | adding Sections 16-115E and 19-116 as follows:
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10 | | (220 ILCS 5/16-115)
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11 | | Sec. 16-115. Certification of alternative retail
electric |
12 | | suppliers. |
13 | | (a) Any alternative retail electric supplier must obtain
a |
14 | | certificate of service authority from the Commission in
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15 | | accordance with this Section before serving any retail
customer |
16 | | or other user located in this State. An alternative
retail |
17 | | electric supplier may request, and the Commission may
grant, a |
18 | | certificate of service authority for the entire State
or for a |
19 | | specified geographic area of the State.
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20 | | (b) An alternative retail electric supplier seeking a
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21 | | certificate of service authority shall file with the
Commission |
22 | | a verified application containing information
showing that the |
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1 | | applicant meets the requirements of this
Section. The |
2 | | alternative retail electric supplier shall
publish notice of |
3 | | its application in the official State
newspaper within 10 days |
4 | | following the date of its filing. No
later than 45 days after |
5 | | the application is properly filed
with the Commission, and such |
6 | | notice is published, the
Commission shall issue its order |
7 | | granting or denying the
application.
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8 | | (c) An application for a certificate of service
authority |
9 | | shall identify the area or areas in which the
applicant intends |
10 | | to offer service and the types of services
it intends to offer. |
11 | | Applicants that seek to serve
residential or small commercial |
12 | | retail customers within a
geographic area that is smaller than |
13 | | an electric utility's
service area shall submit evidence |
14 | | demonstrating that the
designation of this smaller area does |
15 | | not violate Section 16-115A. An applicant
that seeks to serve |
16 | | residential or small
commercial retail customers may state in |
17 | | its application for
certification any limitations that will be |
18 | | imposed on the
number of customers or maximum load to be |
19 | | served.
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20 | | (d) The Commission shall grant the application for a
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21 | | certificate of service authority if it makes the findings set
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22 | | forth in this subsection
based on the verified
application and |
23 | | such other information as the applicant may
submit:
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24 | | (1) That the applicant possesses sufficient
technical, |
25 | | financial and managerial resources and
abilities to |
26 | | provide the service for which it seeks a
certificate of |
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1 | | service authority. In determining the
level of technical, |
2 | | financial and managerial resources
and abilities which the |
3 | | applicant must demonstrate, the
Commission shall consider |
4 | | (i) the characteristics,
including the size and financial |
5 | | sophistication, of the
customers that the applicant seeks |
6 | | to serve, and (ii)
whether the applicant seeks to provide |
7 | | electric power and
energy using property, plant and |
8 | | equipment which it owns,
controls or operates;
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9 | | (2) That the applicant will comply with all
applicable |
10 | | federal, State, regional and industry rules,
policies, |
11 | | practices and procedures for the use,
operation, and |
12 | | maintenance of the safety, integrity and
reliability, of |
13 | | the interconnected electric transmission
system;
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14 | | (3) That the applicant will only provide service to
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15 | | retail customers in an electric utility's service area
that |
16 | | are eligible to take delivery services under this
Act;
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17 | | (4) That the applicant will comply with such
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18 | | informational or reporting requirements as the Commission
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19 | | may by rule establish and provide the information required |
20 | | by Section 16-112.
Any data related to
contracts for the |
21 | | purchase and sale of electric power and
energy shall be |
22 | | made available for review by the Staff of
the Commission on |
23 | | a confidential and proprietary basis
and only to the extent |
24 | | and for the purposes which the
Commission determines are |
25 | | reasonably necessary in order
to carry out the purposes of |
26 | | this Act;
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1 | | (5) That the applicant will procure renewable energy |
2 | | resources in accordance with Section 16-115D of this Act, |
3 | | and will source electricity from clean coal facilities, as |
4 | | defined in Section 1-10 of the Illinois Power Agency Act, |
5 | | in amounts at least equal to the percentages set forth in |
6 | | subsections (c) and (d) of Section 1-75 of the Illinois |
7 | | Power Agency Act. For purposes of this Section:
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8 | | (i) (Blank); |
9 | | (ii) (Blank); |
10 | | (iii) the required sourcing of electricity |
11 | | generated by clean coal facilities, other than the |
12 | | initial clean coal facility, shall be limited to the |
13 | | amount of electricity that can be procured or sourced |
14 | | at a price at or below the benchmarks approved by the |
15 | | Commission each year in accordance with item (1) of |
16 | | subsection (c) and items (1) and (5) of subsection (d) |
17 | | of Section 1-75 of the Illinois Power Agency Act; |
18 | | (iv) all alternative retail electric suppliers |
19 | | shall execute a sourcing agreement to source |
20 | | electricity from the initial clean coal facility, on |
21 | | the terms set forth in paragraphs (3) and (4) of |
22 | | subsection (d) of Section 1-75 of the Illinois Power |
23 | | Agency Act, except that in lieu of the requirements in |
24 | | subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of |
25 | | paragraph (3) of that subsection (d), the applicant |
26 | | shall execute one or more of the following: |
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1 | | (1) if the sourcing agreement is a power |
2 | | purchase agreement, a contract with the initial |
3 | | clean coal facility to purchase in each hour an |
4 | | amount of electricity equal to all clean coal |
5 | | energy made available from the initial clean coal |
6 | | facility during such hour, which the utilities are |
7 | | not required to procure under the terms of |
8 | | subsection (d) of Section 1-75 of the Illinois |
9 | | Power Agency Act, multiplied by a fraction, the |
10 | | numerator of which is the alternative retail |
11 | | electric supplier's retail market sales of |
12 | | electricity (expressed in kilowatthours sold) in |
13 | | the State during the prior calendar month and the |
14 | | denominator of which is the total sales of |
15 | | electricity (expressed in kilowatthours sold) in |
16 | | the State by alternative retail electric suppliers |
17 | | during such prior month that are subject to the |
18 | | requirements of this paragraph (5) of subsection |
19 | | (d) of this Section and subsection (d) of Section |
20 | | 1-75 of the Illinois Power Agency Act plus the |
21 | | total sales of electricity (expressed in |
22 | | kilowatthours sold) by utilities outside of their |
23 | | service areas during such prior month, pursuant to |
24 | | subsection (c) of Section 16-116 of this Act; or |
25 | | (2) if the sourcing agreement is a contract for |
26 | | differences, a contract with the initial clean |
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1 | | coal facility in each hour with respect to an |
2 | | amount of electricity equal to all clean coal |
3 | | energy made available from the initial clean coal |
4 | | facility during such hour, which the utilities are |
5 | | not required to procure under the terms of |
6 | | subsection (d) of Section 1-75 of the Illinois |
7 | | Power Agency Act, multiplied by a fraction, the |
8 | | numerator of which is the alternative retail |
9 | | electric supplier's retail market sales of |
10 | | electricity (expressed in kilowatthours sold) in |
11 | | the State during the prior calendar month and the |
12 | | denominator of which is the total sales of |
13 | | electricity (expressed in kilowatthours sold) in |
14 | | the State by alternative retail electric suppliers |
15 | | during such prior month that are subject to the |
16 | | requirements of this paragraph (5) of subsection |
17 | | (d) of this Section and subsection (d) of Section |
18 | | 1-75 of the Illinois Power Agency Act plus the |
19 | | total sales of electricity (expressed in |
20 | | kilowatthours sold) by utilities outside of their |
21 | | service areas during such prior month, pursuant to |
22 | | subsection (c) of Section 16-116 of this Act; |
23 | | (v) if, in any year after the first year of |
24 | | commercial operation, the owner of the clean coal |
25 | | facility fails to demonstrate to the Commission that |
26 | | the initial clean coal facility captured and |
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1 | | sequestered at least 50% of the total carbon emissions |
2 | | that the facility would otherwise emit or that |
3 | | sequestration of emissions from prior years has |
4 | | failed, resulting in the release of carbon into the |
5 | | atmosphere, the owner of the facility must offset |
6 | | excess emissions. Any such carbon offsets must be |
7 | | permanent, additional, verifiable, real, located |
8 | | within the State of Illinois, and legally and |
9 | | practicably enforceable. The costs of any such offsets |
10 | | that are not recoverable shall not exceed $15 million |
11 | | in any given year. No costs of any such purchases of |
12 | | carbon offsets may be recovered from an alternative |
13 | | retail electric supplier or its customers. All carbon |
14 | | offsets purchased for this purpose and any carbon |
15 | | emission credits associated with sequestration of |
16 | | carbon from the facility must be permanently retired. |
17 | | The initial clean coal facility shall not forfeit its |
18 | | designation as a clean coal facility if the facility |
19 | | fails to fully comply with the applicable carbon |
20 | | sequestration requirements in any given year, provided |
21 | | the requisite offsets are purchased. However, the |
22 | | Attorney General, on behalf of the People of the State |
23 | | of Illinois, may specifically enforce the facility's |
24 | | sequestration requirement and the other terms of this |
25 | | contract provision. Compliance with the sequestration |
26 | | requirements and offset purchase requirements that |
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1 | | apply to the initial clean coal facility shall be |
2 | | reviewed annually by an independent expert retained by |
3 | | the owner of the initial clean coal facility, with the |
4 | | advance written approval of the Attorney General; |
5 | | (vi) The Commission shall, after notice and |
6 | | hearing, revoke the certification of any alternative |
7 | | retail electric supplier that fails to execute a |
8 | | sourcing agreement with the initial clean coal |
9 | | facility as required by item (5) of subsection (d) of |
10 | | this Section. The sourcing agreements with this |
11 | | initial clean coal facility shall be subject to both |
12 | | approval of the initial clean coal facility by the |
13 | | General Assembly and satisfaction of the requirements |
14 | | of item (4) of subsection (d) of Section 1-75 of the |
15 | | Illinois Power Agency Act, and shall be executed within |
16 | | 90 days after any such approval by the General |
17 | | Assembly. The Commission shall not accept an |
18 | | application for certification from an alternative |
19 | | retail electric supplier that has lost certification |
20 | | under this subsection (d), or any corporate affiliate |
21 | | thereof, for at least one year from the date of |
22 | | revocation; |
23 | | (6) With respect to an applicant that seeks to serve
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24 | | residential or small commercial retail customers, that
the |
25 | | area to be served by the applicant and any
limitations it |
26 | | proposes on the number of customers or
maximum amount of |
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1 | | load to be served meet the provisions
of Section 16-115A, |
2 | | provided, that the Commission can
extend the time for |
3 | | considering such a certificate
request by up to 90 days, |
4 | | and can schedule hearings on
such a request;
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5 | | (7) That the applicant meets the requirements of |
6 | | subsection (a) of Section
16-128; and
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7 | | (8) That the applicant discloses whether the applicant |
8 | | is the subject of any lawsuit filed in a court of law or |
9 | | formal complaint filed with a regulatory agency alleging |
10 | | fraud, deception, or unfair marketing practices or other |
11 | | similar allegations and, if the applicant is the subject of |
12 | | such lawsuit or formal complaint, the applicant shall |
13 | | identify the name, case number, and jurisdiction of each |
14 | | lawsuit or complaint. For the purpose of this item (8), |
15 | | "formal complaint" includes only those complaints that |
16 | | seek a binding determination from a State or federal |
17 | | regulatory body; |
18 | | (9) That the applicant shall continue to comply with |
19 | | requirements for certification stated in this Section; |
20 | | (10) That the applicant shall execute and maintain a |
21 | | license or permit bond issued by a qualifying surety or |
22 | | insurance company authorized to transact business in the |
23 | | State of Illinois in favor of the People of the State of |
24 | | Illinois. The amount of the bond shall equal $30,000 if the |
25 | | applicant seeks to serve only nonresidential retail |
26 | | customers with maximum electrical demands of one megawatt |
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1 | | or more, $150,000 if the applicant seeks to serve only |
2 | | non-residential retail customers with annual electrical |
3 | | consumption greater than 15,000 kWh, or $500,000 if the |
4 | | applicant seeks to serve all eligible customers. |
5 | | Applicants shall be required to submit an additional |
6 | | $500,000 bond if the applicant intends to market to |
7 | | residential customers using in-person solicitations. The |
8 | | bond shall be conditioned upon the full and faithful |
9 | | performance of all duties and obligations of the applicant |
10 | | as an alternative retail electric supplier and shall be |
11 | | valid for a period of not less than one year. The cost of |
12 | | the bond shall be paid by the applicant. The applicant |
13 | | shall file a copy of this bond, with a notarized |
14 | | verification page from the issuer, as part of its |
15 | | application for certification under 83 Ill. Adm. Code 451; |
16 | | and |
17 | | (11) (8) That the applicant will comply with all other
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18 | | applicable laws and regulations.
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19 | | (d-3) The Commission may deny with prejudice an application |
20 | | in which the applicant fails to provide the Commission with |
21 | | information sufficient for the Commission to grant the |
22 | | application. |
23 | | (d-5) (Blank). |
24 | | (e) A retail customer that owns a cogeneration or |
25 | | self-generation facility
and that seeks certification only to
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26 | | provide electric power and energy from such facility to
retail |
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1 | | customers at separate locations which customers are
both (i) |
2 | | owned by, or a subsidiary or other corporate
affiliate of, such |
3 | | applicant and
(ii) eligible for delivery services, shall be |
4 | | granted a
certificate of service authority upon filing an |
5 | | application
and notifying the Commission that it has entered |
6 | | into an
agreement with the relevant electric utilities pursuant |
7 | | to
Section 16-118.
Provided, however, that if the retail |
8 | | customer owning such cogeneration or
self-generation facility |
9 | | would not be charged a transition charge due to the
exemption |
10 | | provided under subsection (f) of Section 16-108 prior to the
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11 | | certification, and the retail customers at separate locations |
12 | | are taking
delivery services in conjunction with purchasing |
13 | | power and energy from the
facility, the retail customer on |
14 | | whose premises the facility is located shall
not thereafter be |
15 | | required to pay transition charges on the power and energy
that |
16 | | such retail customer takes from the facility.
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17 | | (f) The Commission shall have the authority to
promulgate |
18 | | rules and regulations to carry out the provisions
of this |
19 | | Section. On or before May 1, 1999, the Commission
shall adopt a |
20 | | rule or rules applicable to the certification of
those |
21 | | alternative retail electric suppliers that seek to serve
only |
22 | | nonresidential retail customers with maximum electrical
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23 | | demands of one megawatt or more which shall provide for (i)
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24 | | expedited and streamlined procedures
for certification of such |
25 | | alternative
retail electric suppliers and (ii) specific |
26 | | criteria which,
if met by any such alternative retail electric |
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1 | | supplier, shall
constitute the demonstration of technical, |
2 | | financial and
managerial resources and abilities to provide |
3 | | service required
by subsection (d) (1) of this Section, such as |
4 | | a requirement
to post a bond or letter of credit, from a |
5 | | responsible surety
or financial institution, of sufficient |
6 | | size for the nature
and scope of the services to be provided; |
7 | | demonstration of
adequate insurance for the scope and nature of |
8 | | the services to
be provided; and experience in providing |
9 | | similar services in
other jurisdictions.
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10 | | (g) An alternative retail electric supplier may seek |
11 | | confidential treatment for the following information by filing |
12 | | an affidavit with the Commission so long as the affidavit meets |
13 | | the requirements in this subsection (g): |
14 | | (1) the total annual kilowatt-hours delivered and sold |
15 | | by an alternative retail electric supplier to retail |
16 | | customers within each utility service territory and the |
17 | | total annual kilowatt-hours delivered and sold by an |
18 | | alternative retail electric supplier to retail customers |
19 | | in all utility service territories in the preceding |
20 | | calendar year as required by 83 Ill. Adm. Code 451.770; |
21 | | (2) the total peak demand supplied by an alternative |
22 | | retail electric supplier during the previous year in each |
23 | | utility service territory as required by 83 Ill. Adm. Code |
24 | | 465.40; |
25 | | (3) a good faith estimate of the amount an alternative |
26 | | retail electric supplier expects to be obliged to pay the |
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1 | | utility under single billing tariffs during the next 12 |
2 | | months and the amount of any bond or letter of credit used |
3 | | to demonstrate an alternative retail electric supplier's |
4 | | credit worthiness to provide single billing services |
5 | | pursuant to 83 Ill. Adm. Code 451.510(a) and (b). |
6 | | The affidavit must be filed contemporaneously with the |
7 | | information for which confidential treatment is sought and must |
8 | | clearly state that the affiant seeks confidential treatment |
9 | | pursuant to this subsection (g) and the information for which |
10 | | confidential treatment is sought must be clearly identified on |
11 | | the confidential version of the document filed with the |
12 | | Commission. The affidavit must be accompanied by a |
13 | | "confidential" and a "public" version of the document or |
14 | | documents containing the information for which confidential |
15 | | treatment is sought. |
16 | | If the alternative retail electric supplier has met the |
17 | | affidavit requirements of this subsection (g), then the |
18 | | Commission shall afford confidential treatment to the |
19 | | information identified in the affidavit for a period of 2 years |
20 | | after the date the affidavit is received by the Commission. |
21 | | Nothing in this subsection (g) prevents an alternative |
22 | | retail electric supplier from filing a petition with the |
23 | | Commission seeking confidential treatment for information |
24 | | beyond that identified in this subsection (g) or for |
25 | | information contained in other reports or documents filed with |
26 | | the Commission. |
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1 | | Nothing in this subsection (g) prevents the Commission, on |
2 | | its own motion, or any party from filing a formal petition with |
3 | | the Commission seeking to reconsider the conferring of |
4 | | confidential status on an item of information afforded |
5 | | confidential treatment pursuant to this subsection (g). |
6 | | The Commission, on its own motion, may at any time initiate |
7 | | a docketed proceeding to investigate the continued |
8 | | applicability of this subsection (g) to the information |
9 | | contained in items (i), (ii), and (iii) of this subsection (g). |
10 | | If, at the end of such investigation, the Commission determines |
11 | | that a particular item of information should no longer be |
12 | | eligible for the affidavit-based process outlined in this |
13 | | subsection (g), the Commission may enter an order to remove |
14 | | that item from the list of items eligible for the process set |
15 | | forth in this subsection (g). Notwithstanding any such order, |
16 | | in the event the Commission makes such a determination, nothing |
17 | | in this subsection (g) prevents an alternative retail electric |
18 | | supplier desiring confidential treatment for such information |
19 | | from filing a formal petition with the Commission seeking |
20 | | confidential treatment for such information. |
21 | | (Source: P.A. 99-332, eff. 8-10-15.)
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22 | | (220 ILCS 5/16-115A)
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23 | | Sec. 16-115A. Obligations of alternative retail electric
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24 | | suppliers. |
25 | | (a) An alternative retail electric supplier shall :
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1 | | (i) shall comply with the requirements imposed on |
2 | | public
utilities by Sections 8-201 through 8-207, 8-301, |
3 | | 8-505
and 8-507 of this Act, to the extent that these |
4 | | Sections
have application to the services being offered by |
5 | | the
alternative retail electric supplier; and
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6 | | (ii) shall continue to comply with the requirements for
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7 | | certification stated in subsection (d) of Section 16-115 ; . |
8 | | (iii) by May 31, 2020 and every May 31 thereafter, |
9 | | shall submit to the Commission and the Office of the |
10 | | Attorney General the rates the retail electric supplier |
11 | | charged to residential customers in the prior year, |
12 | | including each distinct rate charged and whether the rate |
13 | | was a fixed or variable rate, the basis for the variable |
14 | | rate, and any fees charged in addition to the supply rate, |
15 | | including monthly fees, flat fees, or other service |
16 | | charges; and |
17 | | (iv) shall make publicly available on its website, |
18 | | without the need for a customer login, rate information for |
19 | | all of its variable, time-of-use, and fixed rate contracts |
20 | | currently available to residential customers, including, |
21 | | but not limited to, fixed monthly charges, early |
22 | | termination fees, and kilowatt-hour charges.
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23 | | (b) An alternative retail electric supplier shall obtain |
24 | | verifiable
authorization from a customer, in a form or manner |
25 | | approved by the Commission
consistent with Section 2EE of the |
26 | | Consumer Fraud and Deceptive Business
Practices Act, before the |
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1 | | customer is switched from another supplier.
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2 | | (c) No alternative retail electric supplier, or electric
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3 | | utility other than the electric utility in whose service area
a |
4 | | customer is located, shall (i) enter into or employ any
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5 | | arrangements which have the effect of preventing a retail
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6 | | customer with a maximum electrical demand of less than one
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7 | | megawatt from having access to the services of the electric
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8 | | utility in whose service area the customer is located or (ii)
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9 | | charge retail customers for such access. This subsection shall |
10 | | not be
construed to prevent an arms-length agreement between a
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11 | | supplier and a retail customer that sets a term of service, |
12 | | notice
period for terminating service and provisions governing |
13 | | early
termination through a tariff or contract as allowed by |
14 | | Section 16-119.
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15 | | (d) An alternative retail electric supplier that is
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16 | | certified to serve residential or small commercial retail
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17 | | customers shall not:
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18 | | (1) deny service to a customer or group of customers
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19 | | nor establish any differences as to prices, terms,
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20 | | conditions, services, products, facilities, or in any
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21 | | other respect, whereby such denial or differences are based |
22 | | upon
race, gender or income , except as provided in Section |
23 | | 16-115E .
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24 | | (2) deny service to a customer or group of customers |
25 | | based on locality
nor establish any unreasonable |
26 | | difference as to prices,
terms, conditions, services, |
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1 | | products, or facilities as
between localities.
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2 | | (e) An alternative retail electric supplier shall comply
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3 | | with the following requirements with respect to the marketing,
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4 | | offering and provision of products or services to residential
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5 | | and small commercial retail customers:
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6 | | (i) All Any marketing materials , including, but not |
7 | | limited to, electronic marketing materials, in-person |
8 | | solicitations, and telephone solicitations, which make
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9 | | statements concerning prices, terms and conditions
of |
10 | | service shall contain information that adequately
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11 | | discloses the prices, terms , and conditions of the
products |
12 | | or services that the alternative retail
electric supplier |
13 | | is offering or selling to the
customer and shall disclose |
14 | | the current utility electric supply price to compare |
15 | | applicable at the time the alternative retail electric |
16 | | supplier is offering or selling the products or services to |
17 | | the customer and shall disclose the date on which the |
18 | | utility electric supply price to compare became effective |
19 | | and the date on which it will expire. The utility electric |
20 | | supply price to compare shall be the sum of the electric |
21 | | supply charge and the transmission services charge and |
22 | | shall not include the purchased electricity adjustment. |
23 | | The disclosure shall include a statement that the price to |
24 | | compare does not include the purchased electricity |
25 | | adjustment, and, if applicable, the range of the purchased |
26 | | electricity adjustment. All marketing materials, |
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1 | | including, but not limited to, electronic marketing |
2 | | materials, in-person solicitations, and telephone |
3 | | solicitations, shall include the following statement: .
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4 | | "(Name of the alternative retail electric |
5 | | supplier) is not the same entity as your electric |
6 | | delivery company. You are not required to enroll with |
7 | | (name of alternative retail electric supplier). |
8 | | Beginning on (effective date), the electric supply |
9 | | price to compare is (price in cents per kilowatt hour). |
10 | | The electric utility electric supply price will expire |
11 | | on (expiration date). The utility electric supply |
12 | | price to compare does not include the purchased |
13 | | electricity adjustment factor. For more information go |
14 | | to the Illinois Commerce Commission's free website at |
15 | | www.pluginillinois.org.". |
16 | | If applicable, the statement shall also include the |
17 | | following statement: |
18 | | "The purchased electricity adjustment factor may |
19 | | range between +.5 cents and -.5 cents per kilowatt |
20 | | hour.". |
21 | | This paragraph (i) does not apply to goodwill or |
22 | | institutional advertising.
|
23 | | (ii) Before any customer is switched from
another |
24 | | supplier, the alternative retail electric
supplier shall |
25 | | give the customer written information
that adequately |
26 | | discloses, in plain language, the
prices, terms and |
|
| | SB0651 Enrolled | - 19 - | LRB101 04244 JRG 49252 b |
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|
1 | | conditions of the products and
services being offered and |
2 | | sold to the customer. This written information shall be |
3 | | provided in a language in which the customer subject to the |
4 | | marketing or solicitation is able to understand and |
5 | | communicate, and the alternative retail electric supplier |
6 | | shall not switch a customer who is unable to understand and |
7 | | communicate in a language in which the marketing or |
8 | | solicitation was conducted. The alternative retail |
9 | | electric supplier shall comply with Section 2N of the |
10 | | Consumer Fraud and Deceptive Business Practices Act.
|
11 | | (iii) An alternative retail electric supplier
shall |
12 | | provide documentation to the Commission and to
customers |
13 | | that substantiates any claims made by the
alternative |
14 | | retail electric supplier regarding the
technologies and |
15 | | fuel types used to generate the
electricity offered or sold |
16 | | to customers.
|
17 | | (iv) The alternative retail electric supplier
shall |
18 | | provide to the customer (1) itemized billing
statements |
19 | | that describe the products and services
provided to the |
20 | | customer and their prices, and (2)
an additional statement, |
21 | | at least annually, that
adequately discloses the average |
22 | | monthly prices, and
the terms and conditions, of the |
23 | | products and
services sold to the customer. |
24 | | (v) All in-person and telephone solicitations shall be |
25 | | conducted in, translated into, and provided in a language |
26 | | in which the consumer subject to the marketing or |
|
| | SB0651 Enrolled | - 20 - | LRB101 04244 JRG 49252 b |
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|
1 | | solicitation is able to understand and communicate. An |
2 | | alternative retail electric supplier shall terminate a |
3 | | solicitation if the consumer subject to the marketing or |
4 | | communication is unable to understand and communicate in |
5 | | the language in which the marketing or solicitation is |
6 | | being conducted. An alternative retail electric supplier |
7 | | shall comply with Section 2N of the Consumer Fraud and |
8 | | Deceptive Business Practices Act. |
9 | | (vi) Each alternative retail electric supplier shall |
10 | | conduct training for individual representatives engaged in |
11 | | in-person solicitation and telemarketing to residential |
12 | | customers on behalf of that alternative retail electric |
13 | | supplier prior to conducting any such solicitations on the |
14 | | alternative retail electric supplier's behalf. Each |
15 | | alternative retail electric supplier shall submit a copy of |
16 | | its training material to the Commission on an annual basis |
17 | | and the Commission shall have the right to review and |
18 | | require updates to the material. After initial training, |
19 | | each alternative retail electric supplier shall be |
20 | | required to conduct refresher training for its individual |
21 | | representatives every 6 months.
|
22 | | (f) An alternative retail electric supplier may limit
the |
23 | | overall size or availability of a service offering by
|
24 | | specifying one or more of the following: a maximum number of
|
25 | | customers, maximum amount of electric load to be served, time
|
26 | | period during which the offering will be available, or other
|
|
| | SB0651 Enrolled | - 21 - | LRB101 04244 JRG 49252 b |
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|
1 | | comparable limitation, but not including the geographic
|
2 | | locations of customers within the area which the alternative
|
3 | | retail electric supplier is certificated to serve. The
|
4 | | alternative retail electric supplier shall file the terms and
|
5 | | conditions of such service offering including the applicable
|
6 | | limitations with the Commission prior to making the service
|
7 | | offering available to customers.
|
8 | | (g) Nothing in this Section shall be construed as
|
9 | | preventing an alternative retail electric supplier,
which is an |
10 | | affiliate of, or which contracts with, (i) an
industry or trade |
11 | | organization or association, (ii) a
membership organization or |
12 | | association that exists for a
purpose other than the purchase |
13 | | of electricity, or (iii)
another organization that meets |
14 | | criteria established in a rule
adopted by the Commission, from |
15 | | offering through the
organization or association services at |
16 | | prices, terms and
conditions that are available solely to the |
17 | | members of the
organization or association.
|
18 | | (Source: P.A. 90-561, eff. 12-16-97.)
|
19 | | (220 ILCS 5/16-115B)
|
20 | | Sec. 16-115B. Commission oversight of services provided
by |
21 | | alternative retail electric suppliers. |
22 | | (a) The Commission shall have jurisdiction in accordance
|
23 | | with the provisions of Article X of this Act to entertain and |
24 | | dispose of
any complaint against any alternative retail |
25 | | electric supplier
alleging (i) that the alternative retail |
|
| | SB0651 Enrolled | - 22 - | LRB101 04244 JRG 49252 b |
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|
1 | | electric supplier has
violated or is in nonconformance with any |
2 | | applicable
provisions of Section 16-115 through Section |
3 | | 16-115A; (ii) that
an alternative retail electric supplier |
4 | | serving retail
customers having maximum demands of less than |
5 | | one megawatt has
failed to provide service in accordance with |
6 | | the terms of its
contract or contracts with such customer or |
7 | | customers; (iii)
that the alternative retail electric supplier |
8 | | has violated or
is in non-conformance with the delivery |
9 | | services tariff of, or
any of its agreements relating to |
10 | | delivery services with, the
electric utility, municipal |
11 | | system, or electric cooperative
providing delivery services; |
12 | | or (iv) that the alternative
retail electric supplier has |
13 | | violated or failed to comply with
the requirements of Sections |
14 | | 8-201 through 8-207, 8-301, 8-505,
or 8-507 of this Act as made |
15 | | applicable to alternative retail
electric suppliers.
|
16 | | (b) The Commission shall have authority, after notice
and |
17 | | hearing held on complaint or on the Commission's own
motion:
|
18 | | (1) To order an alternative retail electric supplier
to |
19 | | cease and desist, or correct, any violation of or |
20 | | non-conformance with the
provisions of Section 16-115 or |
21 | | 16-115A;
|
22 | | (2) To impose financial penalties for violations of
or |
23 | | non-conformances with the provisions of Section 16-115 or |
24 | | 16-115A,
not to exceed (i) $10,000 per occurrence or (ii) |
25 | | $30,000
per day for those violations or non-conformances |
26 | | which
continue after the Commission issues a cease and |
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| | SB0651 Enrolled | - 23 - | LRB101 04244 JRG 49252 b |
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|
1 | | desist
order; and
|
2 | | (3) To alter, modify, revoke or suspend the
certificate |
3 | | of service authority of an alternative retail
electric |
4 | | supplier for substantial or repeated violations
of or |
5 | | non-conformances with the provisions of
Section 16-115 or |
6 | | 16-115A.
|
7 | | (c) In addition to other powers and authority granted to it |
8 | | under this Act, the Commission may require an alternative |
9 | | retail electric supplier to enter into a compliance
plan. If |
10 | | the Commission comes into possession of information causing it |
11 | | to conclude that an alternative retail electric supplier is |
12 | | violating this Act or the Commission's rules, the Commission |
13 | | may, after notice and hearing, enter an order directing the |
14 | | alternative retail electric supplier to implement practices, |
15 | | procedures, oversight, or other
measures or refrain from |
16 | | practices, conduct, or activities that the Commission finds is |
17 | | necessary or reasonable to ensure the alternative retail |
18 | | electric supplier's compliance with this Act and the |
19 | | Commission's rules. Failure by an alternative retail electric |
20 | | supplier to implement or comply with a Commission-ordered |
21 | | compliance plan is a violation of this Section. The Commission, |
22 | | in its discretion, may order a compliance plan under such |
23 | | circumstances as it considers warranted and is not required to |
24 | | order a compliance plan prior to taking other enforcement |
25 | | action against an alternative retail electric supplier. |
26 | | Nothing in this subsection (c) shall be interpreted to limit |
|
| | SB0651 Enrolled | - 24 - | LRB101 04244 JRG 49252 b |
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|
1 | | the authority or right of the Attorney General. |
2 | | (Source: P.A. 90-561, eff. 12-16-97.)
|
3 | | (220 ILCS 5/16-115E new) |
4 | | Sec. 16-115E. Alternative retail electric supplier utility |
5 | | assistance recipient. |
6 | | (a) Beginning January 1, 2020, an alternative retail |
7 | | electric supplier shall not knowingly submit an enrollment to |
8 | | change a customer's electric supplier if the electric utility's |
9 | | records indicate that the customer either received financial |
10 | | assistance in the previous 12 months from the Low Income Home |
11 | | Energy Assistance Program or, at the time of enrollment is |
12 | | participating in the Percentage of Income Payment Plan, unless |
13 | | (1) the customer's change in electric supplier is pursuant to a |
14 | | government aggregation program adopted in accordance with |
15 | | Section 1-92 of the Illinois Power Agency Act, or (2) the |
16 | | customer's change in electric supplier is pursuant to a |
17 | | Commission-approved savings guarantee plan as described in |
18 | | subsection (b). |
19 | | (b) Beginning January 1, 2020, an alternative retail |
20 | | electric supplier may apply to the Commission to offer a |
21 | | savings guarantee plan to recipients of Low Income Home Energy |
22 | | Assistance Program funding or Percentage of Income Payment Plan |
23 | | funding. The Commission shall initiate a public, docketed |
24 | | proceeding to consider whether or not to approve an alternative |
25 | | retail electric supplier's application to offer a savings |
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| | SB0651 Enrolled | - 25 - | LRB101 04244 JRG 49252 b |
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1 | | guarantee plan. At a minimum, the savings guarantee plan shall |
2 | | charge customers for electric supply at an amount that is less |
3 | | than the amount charged by the electric utility. |
4 | | (c) An agreement entered into between an alternative retail |
5 | | electric supplier and a customer in violation of this Section |
6 | | is void and unenforceable. Before the electric utility executes |
7 | | a change in a customer's electric supplier, other than a change |
8 | | pursuant to a government aggregation program adopted in |
9 | | accordance with Section 1-92 of the Illinois Power Agency Act |
10 | | or a Commission-approved savings guarantee plan as described in |
11 | | subsection (b), the electric utility shall confirm at the time |
12 | | of the request whether its records indicate that the customer |
13 | | either has received financial assistance from the Low Income |
14 | | Home Energy Assistance Program in the previous 12 months or, at |
15 | | the time of enrollment, is participating in the Percentage of |
16 | | Income Payment Plan; and if so, shall reject such change |
17 | | request. Absent willful or wanton misconduct, no electric |
18 | | utility shall be held liable for any error in acting or failing |
19 | | to act pursuant to this Section.
|
20 | | (220 ILCS 5/16-118)
|
21 | | Sec. 16-118. Services provided by electric utilities to
|
22 | | alternative retail electric suppliers. |
23 | | (a) It is in the best interest of Illinois energy
consumers |
24 | | to promote fair and open competition in the
provision of |
25 | | electric power and energy and to prevent
anticompetitive |
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| | SB0651 Enrolled | - 26 - | LRB101 04244 JRG 49252 b |
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|
1 | | practices in the provision of electric power
and energy.
|
2 | | Therefore, to the extent an electric utility provides electric |
3 | | power and energy
or delivery services to alternative retail |
4 | | electric suppliers and such services
are not subject to the |
5 | | jurisdiction of the Federal Energy
Regulatory Commission, and |
6 | | are not competitive services, they
shall be provided through |
7 | | tariffs that are filed with the
Commission, pursuant to Article |
8 | | IX of this Act.
Each electric utility shall permit alternative
|
9 | | retail electric suppliers to interconnect facilities to those
|
10 | | owned by the utility provided they meet established standards
|
11 | | for such interconnection, and may provide standby or other
|
12 | | services to alternative retail electric suppliers. The
|
13 | | alternative retail electric supplier shall sign a contract
|
14 | | setting forth the prices, terms and conditions for
|
15 | | interconnection with the electric utility and the prices,
terms |
16 | | and conditions for services provided by the electric
utility to |
17 | | the alternative retail electric supplier in
connection with the |
18 | | delivery by the electric utility of
electric power and energy |
19 | | supplied by the alternative retail
electric supplier.
|
20 | | (b) An electric utility shall file a tariff pursuant to |
21 | | Article IX of the
Act that would allow alternative retail |
22 | | electric suppliers or electric
utilities other than the |
23 | | electric utility in whose service area retail
customers are
|
24 | | located to issue single bills to the retail customers for both |
25 | | the services
provided by such alternative retail electric |
26 | | supplier or other electric utility
and the delivery services |
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| | SB0651 Enrolled | - 27 - | LRB101 04244 JRG 49252 b |
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|
1 | | provided by the electric utility to such customers.
The tariff |
2 | | filed pursuant to this subsection shall (i) require partial |
3 | | payments
made by retail customers to be credited first to the |
4 | | electric utility's
tariffed services, (ii) impose commercially |
5 | | reasonable terms with respect to
credit and collection, |
6 | | including requests for deposits, (iii) retain the
electric |
7 | | utility's right to disconnect the retail customers, if it does |
8 | | not
receive payment for its tariffed services, in the same |
9 | | manner that it would be
permitted to if it had billed for the |
10 | | services itself, and (iv) require the
alternative retail |
11 | | electric supplier or other electric utility that elects the
|
12 | | billing option provided by this tariff to include on each bill |
13 | | to retail
customers an identification of the electric utility |
14 | | providing the delivery
services and a listing of the charges |
15 | | applicable to such services. The tariff
filed pursuant to this |
16 | | subsection may also include other just and reasonable
terms and |
17 | | conditions. In addition,
an electric utility, an alternative |
18 | | retail electric
supplier or electric utility other than the |
19 | | electric utility
in whose service area the customer is located, |
20 | | and a customer
served by such alternative retail electric |
21 | | supplier or other
electric utility, may enter into an agreement |
22 | | pursuant to
which the alternative retail electric supplier or |
23 | | other
electric utility pays the charges specified in Section |
24 | | 16-108,
or other customer-related charges, including taxes and |
25 | | fees,
in lieu of such charges being recovered by the electric
|
26 | | utility directly from the customer. |
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| | SB0651 Enrolled | - 28 - | LRB101 04244 JRG 49252 b |
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1 | | (c) An electric utility with more than 100,000 customers |
2 | | shall file a tariff pursuant to Article IX of this Act that |
3 | | provides alternative retail electric suppliers, and electric |
4 | | utilities other than the electric utility in whose service area |
5 | | the retail customers are located, with the option to have the |
6 | | electric utility purchase their receivables for power and |
7 | | energy service provided to residential retail customers and |
8 | | non-residential retail customers with a non-coincident peak |
9 | | demand of less than 400 kilowatts. Receivables for power and |
10 | | energy service of alternative retail electric suppliers or |
11 | | electric utilities other than the electric utility in whose |
12 | | service area the retail customers are located shall be |
13 | | purchased by the electric utility at a just and reasonable |
14 | | discount rate to be reviewed and approved by the Commission |
15 | | after notice and hearing. The discount rate shall be based on |
16 | | the electric utility's historical bad debt and any reasonable |
17 | | start-up costs and administrative costs associated with the |
18 | | electric utility's purchase of receivables. The discounted |
19 | | rate for purchase of receivables shall be included in the |
20 | | tariff filed pursuant to this subsection (c). The discount rate |
21 | | filed pursuant to this subsection (c) shall be subject to |
22 | | periodic Commission review. The electric utility retains the |
23 | | right to impose the same terms on retail customers with respect |
24 | | to credit and collection, including requests for deposits, and |
25 | | retain the electric utility's right to disconnect the retail |
26 | | customers, if it does not receive payment for its tariffed |
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| | SB0651 Enrolled | - 29 - | LRB101 04244 JRG 49252 b |
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1 | | services or purchased receivables, in the same manner that it |
2 | | would be permitted to if the retail customers purchased power |
3 | | and energy from the electric utility. The tariff filed pursuant |
4 | | to this subsection (c) shall permit the electric utility to |
5 | | recover from retail customers any uncollected receivables that |
6 | | may arise as a result of the purchase of receivables under this |
7 | | subsection (c), may also include other just and reasonable |
8 | | terms and conditions, and shall provide for the prudently |
9 | | incurred costs associated with the provision of this service |
10 | | pursuant to this subsection (c). Nothing in this subsection (c) |
11 | | permits the double recovery of bad debt expenses from |
12 | | customers. |
13 | | (d) An electric utility with more than 100,000 customers |
14 | | shall file a tariff pursuant to Article IX of this Act that |
15 | | would provide alternative retail electric suppliers or |
16 | | electric utilities other than the electric utility in whose |
17 | | service area retail customers are located with the option to |
18 | | have the electric utility produce and provide single bills to |
19 | | the retail customers for both the electric power and energy |
20 | | service provided by the alternative retail electric supplier or |
21 | | other electric utility and the delivery services provided by |
22 | | the electric utility to the customers. The tariffs filed |
23 | | pursuant to this subsection shall require the electric utility |
24 | | to collect and remit customer payments for electric power and |
25 | | energy service provided by alternative retail electric |
26 | | suppliers or electric utilities other than the electric utility |
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| | SB0651 Enrolled | - 30 - | LRB101 04244 JRG 49252 b |
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1 | | in whose service area retail customers are located. The tariff |
2 | | filed pursuant to this subsection shall require the electric |
3 | | utility to include on each bill to retail customers an |
4 | | identification of the alternative retail electric supplier or |
5 | | other electric utility that elects the billing option. The |
6 | | tariff filed pursuant to this subsection (d) may also include |
7 | | other just and reasonable terms and conditions and shall |
8 | | provide for the recovery of prudently incurred costs associated |
9 | | with the provision of service pursuant to this subsection (d). |
10 | | The costs associated with the provision of service pursuant to |
11 | | this Section shall be subject to periodic Commission review.
|
12 | | (e) An electric utility with more than 100,000 customers in |
13 | | this State shall file a tariff pursuant to Article IX of this |
14 | | Act that provides alternative retail electric suppliers, and |
15 | | electric utilities other than the electric utility in whose |
16 | | service area the retail customers are located, with the option |
17 | | to have the electric utility purchase 2 billing cycles worth of |
18 | | uncollectible receivables for power and energy service |
19 | | provided to residential retail customers and to |
20 | | non-residential retail customers with a non-coincident peak |
21 | | demand of less than 400 kilowatts upon returning that customer |
22 | | to that electric utility for delivery and energy service after |
23 | | that alternative retail electric supplier, or an electric |
24 | | utility other than the electric utility in whose service area |
25 | | the retail customer is located, has made reasonable collection |
26 | | efforts on that account. Uncollectible receivables for power |
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| | SB0651 Enrolled | - 31 - | LRB101 04244 JRG 49252 b |
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|
1 | | and energy service of alternative retail electric suppliers, or |
2 | | electric utilities other than the electric utility in whose |
3 | | service area the retail customers are located, shall be |
4 | | purchased by the electric utility at a just and reasonable |
5 | | discount rate to be reviewed and approved by the Commission, |
6 | | after notice and hearing. The discount rate shall be based on |
7 | | the electric utility's historical bad debt for receivables that |
8 | | are outstanding for a similar length of time and any reasonable |
9 | | start-up costs and administrative costs associated with the |
10 | | electric utility's purchase of receivables. The discounted |
11 | | rate for purchase of uncollectible receivables shall be |
12 | | included in the tariff filed pursuant to this subsection (e). |
13 | | The electric utility retains the right to impose the same terms |
14 | | on these retail customers with respect to credit and |
15 | | collection, including requests for deposits, and retains the |
16 | | right to disconnect these retail customers, if it does not |
17 | | receive payment for its tariffed services or purchased |
18 | | receivables, in the same manner that it would be permitted to |
19 | | if the retail customers had purchased power and energy from the |
20 | | electric utility. The tariff filed pursuant to this subsection |
21 | | (e) shall permit the electric utility to recover from retail |
22 | | customers any uncollectable receivables that may arise as a |
23 | | result of the purchase of uncollectible receivables under this |
24 | | subsection (e), may also include other just and reasonable |
25 | | terms and conditions, and shall provide for the prudently |
26 | | incurred costs associated with the provision of this service |
|
| | SB0651 Enrolled | - 32 - | LRB101 04244 JRG 49252 b |
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1 | | pursuant to this subsection (e). Nothing in this subsection (e) |
2 | | permits the double recovery of utility bad debt expenses from |
3 | | customers. The electric utility may file a joint tariff for |
4 | | this subsection (e) and subsection (c) of this Section.
|
5 | | (f) Every alternative retail electric supplier or electric |
6 | | utility other than the electric utility in whose service area |
7 | | retail customers are located that issues single bills to the |
8 | | retail customers for the services provided by the alternative |
9 | | retail electric supplier or other electric utility to the |
10 | | customers shall include on the single bills issued to |
11 | | residential customers the current utility electric supply |
12 | | price to compare that would apply to the customer for the |
13 | | billing period if the customer obtained supply from the |
14 | | utility. The current utility electric supply price shall be the |
15 | | sum of the electric supply charge and the transmission services |
16 | | charge and shall disclose that the price does not include the |
17 | | monthly purchased electricity adjustment. |
18 | | (g) Every electric utility that provides delivery and |
19 | | supply services shall include on each bill issued to |
20 | | residential customers who obtain supply from an alternative |
21 | | retail electric supplier the current utility electric supply |
22 | | price to compare that would apply to the customer for the |
23 | | billing period if the customer obtained supply from the |
24 | | utility. The current utility electric supply price to compare |
25 | | shall be the sum of the electric supply charge and the |
26 | | transmission services charge and shall disclose that the price |
|
| | SB0651 Enrolled | - 33 - | LRB101 04244 JRG 49252 b |
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|
1 | | does not include the monthly purchased electricity adjustment. |
2 | | (Source: P.A. 95-700, eff. 11-9-07.)
|
3 | | (220 ILCS 5/16-119)
|
4 | | Sec. 16-119. Switching suppliers. An electric utility or an |
5 | | alternative retail electric
supplier may establish a term of |
6 | | service, notice period for
terminating service and provisions |
7 | | governing early termination
through a tariff or contract. A |
8 | | customer may change its
supplier subject to tariff or contract |
9 | | terms and conditions.
Any notice provisions; or provision for a |
10 | | fee, charge or
penalty with early termination of a contract; |
11 | | shall be
conspicuously disclosed in any tariff or contract. Any |
12 | | tariff filed or contract renewed or entered into on and after |
13 | | the effective date of this amendatory Act of the 99th General |
14 | | Assembly that contains an early termination clause shall |
15 | | disclose the amount of the early termination fee or penalty, |
16 | | provided that any early termination fee or penalty shall not |
17 | | exceed $50 total for residential customers and $150 for small |
18 | | commercial retail customers as defined in Section 16-102 of |
19 | | this Act, regardless of whether or not the tariff or contract |
20 | | is a multiyear tariff or contract. Beginning January 1, 2020, |
21 | | residential and small commercial retail customers shall have a |
22 | | right to terminate their contracts with alternative retail |
23 | | electric suppliers at any time without any termination fees or |
24 | | penalties. A customer
shall remain responsible for any unpaid |
25 | | charges owed to an
electric utility or alternative retail |
|
| | SB0651 Enrolled | - 34 - | LRB101 04244 JRG 49252 b |
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|
1 | | electric supplier at
the time it switches to another provider.
|
2 | | The caps on early termination fees and penalties under this |
3 | | Section shall apply only to early termination fees and |
4 | | penalties for early termination of electric service. The caps |
5 | | shall not apply to charges or fees for devices, equipment, or |
6 | | other services provided by the utility or alternative retail |
7 | | electric supplier. |
8 | | (Source: P.A. 99-103, eff. 7-22-15; 99-107, eff. 7-22-15.)
|
9 | | (220 ILCS 5/16-123)
|
10 | | Sec. 16-123. Establishment of customer information
centers |
11 | | for electric utilities and
alternative retail electric |
12 | | suppliers. |
13 | | (a) All electric utilities and alternative retail electric
|
14 | | suppliers shall be required to maintain a customer call center
|
15 | | where customers can reach a representative and receive current
|
16 | | information. Customers shall periodically be notified on how
to |
17 | | reach the call center. The Commission shall have the
authority |
18 | | to establish reporting requirements for such
centers.
|
19 | | (b) Notwithstanding anything to the contrary, an electric |
20 | | utility may: |
21 | | (1) disclose the current utility electric supply price |
22 | | to a retail customer who takes electric power and energy |
23 | | supply service from an alternative retail electric |
24 | | supplier; |
25 | | (2) disclose the supply price the customer is paying as |
|
| | SB0651 Enrolled | - 35 - | LRB101 04244 JRG 49252 b |
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|
1 | | reflected on the customer's bill, if known; |
2 | | (3) furnish to a retail customer a list of frequently |
3 | | asked questions to be used by the retail customer in |
4 | | evaluating electric power and energy supply rate offers by |
5 | | alternative retail electric suppliers; this list may |
6 | | include, but is not limited to, the following: |
7 | | (A) length of the contract; |
8 | | (B) the price per kilowatt hour, and whether the |
9 | | contract price is fixed or variable, and if variable, |
10 | | the circumstances under which the price may change; |
11 | | (C) whether penalties or early termination fees |
12 | | apply if the customer terminates the contract before |
13 | | the expiration of its term; and |
14 | | (D) whether the customer may be subject to any |
15 | | other adjustments, penalties, surcharges, or costs |
16 | | beyond the electric power and energy supply rate; and |
17 | | (4) provide to a retail customer education information |
18 | | published by the Office of Retail Market Development and |
19 | | the Office of the Attorney General regarding the selection |
20 | | and evaluation of electric power and energy supply rate |
21 | | offers by alternative retail electric suppliers. |
22 | | (Source: P.A. 90-561, eff. 12-16-97.)
|
23 | | (220 ILCS 5/19-110)
|
24 | | Sec. 19-110. Certification of alternative gas suppliers.
|
25 | | (a) The provisions of this Section shall apply only to |
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1 | | alternative gas
suppliers
serving or seeking to serve |
2 | | residential or small commercial customers and
only to the |
3 | | extent such
alternative gas suppliers provide services to |
4 | | residential or small
commercial customers.
|
5 | | (b) An alternative gas supplier must obtain a certificate |
6 | | of service
authority from the Commission in accordance with |
7 | | this Section before serving
any customer or other user located |
8 | | in this State. An alternative gas supplier
may request, and the |
9 | | Commission may grant, a certificate of service authority
for |
10 | | the entire State or for a specified geographic area of the |
11 | | State. A
person, corporation, or other entity acting as an |
12 | | alternative gas supplier on
the effective date of this |
13 | | amendatory Act of the 92nd General Assembly shall
have 180 days |
14 | | from the effective date of this amendatory Act of the 92nd
|
15 | | General Assembly to comply with the requirements of this |
16 | | Section in order to
continue to operate as an alternative gas |
17 | | supplier.
|
18 | | (c) An alternative gas supplier seeking a certificate of |
19 | | service authority
shall
file with the Commission a verified |
20 | | application containing information showing
that the
applicant |
21 | | meets the requirements of this Section. The alternative gas |
22 | | supplier
shall
publish notice of its application in the |
23 | | official State newspaper within 10
days following
the date of |
24 | | its filing. No later than 45 days after the application is
|
25 | | properly filed with the
Commission, and such notice is |
26 | | published, the Commission shall issue its order
granting or |
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1 | | denying the application.
|
2 | | (d) An application for a certificate of service authority |
3 | | shall identify the
area or
areas in which the applicant intends |
4 | | to offer service and the types of services
it intends
to offer. |
5 | | Applicants that seek to serve residential or small commercial
|
6 | | customers within a
geographic area that is smaller than a gas |
7 | | utility's service area shall submit
evidence demonstrating |
8 | | that the designation of this smaller area does not
violate |
9 | | Section 19-115. An
applicant may
state in its application for |
10 | | certification any limitations that will be imposed
on the |
11 | | number
of customers or maximum load to be served. The applicant |
12 | | shall submit as part of its application a statement indicating:
|
13 | | (1) Whether the applicant has been denied a natural gas |
14 | | supplier license in any state in the United States. |
15 | | (2) Whether the applicant has had a natural gas |
16 | | supplier license suspended or revoked by any state in the |
17 | | United States. |
18 | | (3) Where, if any, other natural gas supplier license |
19 | | applications are pending in the United States. |
20 | | (4) Whether the applicant is the subject of any |
21 | | lawsuits filed in a court of law or formal complaints filed |
22 | | with a regulatory agency alleging fraud, deception or |
23 | | unfair marketing practices, or other similar allegations, |
24 | | identifying the name, case number, and jurisdiction of each |
25 | | such lawsuit or complaint. |
26 | | For the purposes of this subsection (d), formal complaints |
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1 | | include only those complaints that seek a binding determination |
2 | | from a state or federal regulatory body. |
3 | | (e) The Commission shall grant the application for a |
4 | | certificate of service
authority if it makes the findings set |
5 | | forth in this subsection based on the
verified
application and |
6 | | such other information as the applicant may submit.
|
7 | | (1) That the applicant possesses sufficient technical, |
8 | | financial, and
managerial resources and abilities to |
9 | | provide the service for which it
seeks a certificate of |
10 | | service authority. In determining the level of
technical, |
11 | | financial, and managerial resources and abilities which |
12 | | the
applicant must demonstrate, the Commission shall |
13 | | consider:
|
14 | | (A) the characteristics, including the size and |
15 | | financial sophistication of the
customers that the |
16 | | applicant seeks to serve; |
17 | | (B) whether the
applicant seeks to provide gas |
18 | | using property, plant, and equipment that it
owns, |
19 | | controls, or operates; and |
20 | | (C) the applicant's commitment of resources to the |
21 | | management of sales and marketing staff, through |
22 | | affirmative managerial policies, independent audits, |
23 | | technology, hands-on field monitoring and training, |
24 | | and, in the case of applicants who will have sales |
25 | | personnel or sales agents within the State of Illinois, |
26 | | the applicant's managerial presence within the State.
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1 | | (2) That the applicant will comply with all applicable |
2 | | federal, State,
regional, and industry rules, policies, |
3 | | practices, and procedures
for the use, operation, and |
4 | | maintenance of the safety, integrity, and
reliability of |
5 | | the gas transmission system.
|
6 | | (3) That the applicant will comply with such |
7 | | informational or reporting
requirements as the Commission |
8 | | may by rule establish.
|
9 | | (4) That
the area to be served by the applicant and any |
10 | | limitations it proposes on the
number of customers or |
11 | | maximum amount of load to be served meet the provisions
of |
12 | | Section 19-115, provided, that if the applicant seeks to |
13 | | serve an area
smaller than the service area of a gas |
14 | | utility or proposes other limitations
on the number of |
15 | | customers or maximum amount of load to be served, the
|
16 | | Commission can extend the time for
considering such a |
17 | | certificate request by up to 90 days, and can schedule
|
18 | | hearings on such a request.
|
19 | | (5) That the applicant shall continue to comply with |
20 | | requirements for certification stated in this Section. |
21 | | (6) That the applicant shall execute and maintain a |
22 | | license or permit bond issued by a qualifying surety or |
23 | | insurance company authorized to transact business in the |
24 | | State of Illinois in favor of the People of the State of |
25 | | Illinois. The amount of the bond shall equal $150,000 if |
26 | | the applicant seeks to serve only nonresidential retail |
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1 | | customers or $500,000 if the applicant seeks to serve all |
2 | | eligible customers. Applicants shall be required to submit |
3 | | an additional $500,000 bond if the applicant intends to |
4 | | market to residential customers using in-person |
5 | | solicitations. The bond shall be conditioned upon the full |
6 | | and faithful performance of all duties and obligations of |
7 | | the applicant as an alternative retail gas supplier and |
8 | | shall be valid for a period of not less than one year. The |
9 | | cost of the bond shall be paid by the applicant. The |
10 | | applicant shall file a copy of this bond, with a notarized |
11 | | verification page from the issuer, as part of its |
12 | | application for certification under 83 Ill. Adm. Code 551. |
13 | | (7) (5) That the applicant and the applicant's sales |
14 | | agents will comply with all other applicable laws and
|
15 | | rules.
|
16 | | (e-5) The Commission may deny with prejudice an application |
17 | | in which the applicant fails to provide the Commission with |
18 | | information sufficient for the Commission to grant the |
19 | | application. |
20 | | (f) The Commission can extend the time for considering such |
21 | | a certificate request by up to 90 days, and can schedule |
22 | | hearings on such a request if: |
23 | | (1) a party to the application proceeding has formally |
24 | | requested that the Commission hold hearings in a pleading |
25 | | that alleges that one or more of the allegations or |
26 | | certifications in the application is false or misleading; |
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1 | | or |
2 | | (2) other facts or circumstances exist that will |
3 | | necessitate additional time or evidence in order to |
4 | | determine whether a certificate should be issued. |
5 | | (g) The Commission shall have the authority to promulgate |
6 | | rules
to carry out the provisions of this Section. Within 30 |
7 | | days after the
effective date of this amendatory Act of the |
8 | | 92nd General Assembly, the
Commission shall adopt an emergency |
9 | | rule or rules applicable to the
certification of those gas |
10 | | suppliers that seek to serve residential customers.
Within 180 |
11 | | days of
the effective
date of this amendatory Act of the 92nd |
12 | | General Assembly, the Commission shall
adopt
rules that specify |
13 | | criteria which, if met by any such alternative gas
supplier, |
14 | | shall
constitute the demonstration of technical, financial, |
15 | | and managerial resources
and
abilities to provide service |
16 | | required by item (1) of subsection (e) of this
Section,
such as |
17 | | a
requirement to post a bond or letter of credit, from a |
18 | | responsible surety or
financial
institution, of sufficient |
19 | | size for the nature and scope of the services to be
provided,
|
20 | | demonstration of adequate insurance for the scope and nature of |
21 | | the services to
be
provided, and experience in providing |
22 | | similar services in other
jurisdictions.
|
23 | | (h) The Commission may deny with prejudice any application |
24 | | that repeatedly fails to include the attachments, |
25 | | documentation, and affidavits required by the application form |
26 | | or that repeatedly fails to provide any other information |
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1 | | required by this Section. |
2 | | (i) An alternative gas supplier may seek confidential |
3 | | treatment for the reporting to the Commission of its total |
4 | | annual dekatherms delivered and sold by it to residential and |
5 | | small commercial customers by utility service territory during |
6 | | the preceding year via the filing of an affidavit with the |
7 | | Commission so long as the affidavit meets the requirements of |
8 | | this subsection (i).
The affidavit must be filed |
9 | | contemporaneously with the information for which confidential |
10 | | treatment is sought and must clearly state that the affiant |
11 | | seeks confidential treatment pursuant to this subsection (i) |
12 | | and the information for which confidential treatment is sought |
13 | | must be clearly identified on the confidential version of the |
14 | | document filed with the Commission. The affidavit must be |
15 | | accompanied by both a "confidential" and a "public" version of |
16 | | the document or documents containing the information for which |
17 | | confidential treatment is sought. |
18 | | If the alternative gas supplier has met the affidavit |
19 | | requirements of this subsection (i), then the Commission shall |
20 | | afford confidential treatment to the information identified in |
21 | | the affidavit for a period of 2 years after the date the |
22 | | affidavit is received by the Commission. |
23 | | Nothing in this subsection (i) prevents an alternative gas |
24 | | supplier from filing a petition with the Commission seeking |
25 | | confidential treatment for information beyond that identified |
26 | | in this subsection (i) or for information contained in other |
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1 | | reports or documents filed with the Commission. |
2 | | Nothing in this subsection (i) prevents the Commission, on |
3 | | its own motion, or any party from filing a formal petition with |
4 | | the Commission seeking to reconsider the conferring of |
5 | | confidential status pursuant to this subsection (i). |
6 | | The Commission, on its own motion, may at any time initiate |
7 | | a docketed proceeding to investigate the continued |
8 | | applicability of this affidavit-based process for seeking |
9 | | confidential treatment. If, at the end of such investigation, |
10 | | the Commission determines that this affidavit-based process |
11 | | for seeking confidential treatment for the information is no |
12 | | longer necessary, the Commission may enter an order to that |
13 | | effect. Notwithstanding any such order, in the event the |
14 | | Commission makes such a determination, nothing in this |
15 | | subsection (i) prevents an alternative gas supplier desiring |
16 | | confidential treatment for such information from filing a |
17 | | formal petition with the Commission seeking confidential |
18 | | treatment for such information. |
19 | | (Source: P.A. 99-332, eff. 8-10-15.)
|
20 | | (220 ILCS 5/19-115)
|
21 | | Sec. 19-115. Obligations of alternative gas suppliers.
|
22 | | (a) The provisions of this Section shall apply only to |
23 | | alternative gas
suppliers
serving or seeking to serve |
24 | | residential or small commercial customers and
only to the |
25 | | extent such
alternative gas suppliers provide services to |
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1 | | residential or small
commercial customers.
|
2 | | (b) An alternative gas supplier shall :
|
3 | | (1) shall comply with the requirements imposed on |
4 | | public utilities by Sections
8-201 through 8-207, 8-301, |
5 | | 8-505 and 8-507 of this Act, to the
extent that these |
6 | | Sections have application to the services being
offered by |
7 | | the alternative gas supplier;
|
8 | | (2) shall continue to comply with the requirements for |
9 | | certification stated
in
Section 19-110;
|
10 | | (3) shall comply with complaint procedures established |
11 | | by the Commission; |
12 | | (4) except as provided in subsection (h) of this |
13 | | Section, shall file with the Chief Clerk of the Commission, |
14 | | within 20 business days after the effective date of this |
15 | | amendatory Act of the 95th General Assembly, a copy of bill |
16 | | formats, standard customer contract and customer complaint |
17 | | and resolution procedures, and the name and telephone |
18 | | number of the company representative whom Commission |
19 | | employees may contact to resolve customer complaints and |
20 | | other matters. In the case of a gas supplier that engages |
21 | | in door-to-door solicitation, the company shall file with |
22 | | the Commission the consumer information disclosure |
23 | | required by item (3) of subsection (c) of Section 2DDD of |
24 | | the Consumer Fraud and Deceptive Business Practices Act and |
25 | | shall file updated information within 10 business days |
26 | | after changes in any of the documents or information |
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1 | | required to be filed by this item (4); and |
2 | | (5) shall maintain a customer call center where |
3 | | customers can reach a representative and receive current |
4 | | information. At least once every 6 months, each alternative |
5 | | gas supplier shall provide written information to |
6 | | customers explaining how to contact the call center. The |
7 | | average answer time for calls placed to the call center |
8 | | shall not exceed 60 seconds where a representative or |
9 | | automated system is ready to render assistance and/or |
10 | | accept information to process calls. The abandon rate for |
11 | | calls placed to the call center shall not exceed 10%. Each |
12 | | alternative gas supplier shall maintain records of the call |
13 | | center's telephone answer time performance and abandon |
14 | | call rate. These records shall be kept for a minimum of 2 |
15 | | years and shall be made available to Commission personnel |
16 | | upon request. In the event that answer times and/or abandon |
17 | | rates exceed the limits established above, the reporting |
18 | | alternative gas supplier may provide the Commission or its |
19 | | personnel with explanatory details. At a minimum, these |
20 | | records shall contain the following information in monthly |
21 | | increments: |
22 | | (A) total number of calls received; |
23 | | (B) number of calls answered; |
24 | | (C) average answer time; |
25 | | (D) number of abandoned calls; and |
26 | | (E) abandon call rate. |
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1 | | Alternative gas suppliers that do not have electronic |
2 | | answering capability that meets these requirements shall |
3 | | notify the Manager of the Commission's Consumer Services |
4 | | Division or its successor within 30 days following the |
5 | | effective date of this amendatory Act of the 95th General |
6 | | Assembly and work with Staff to develop individualized |
7 | | reporting requirements as to the call volume and |
8 | | responsiveness of the call center. |
9 | | On or before March 1 of every year, each entity shall |
10 | | file a report with the Chief Clerk of the Commission for |
11 | | the preceding calendar year on its answer time and abandon |
12 | | call rate for its call center. A copy of the report shall |
13 | | be sent to the Manager of the Consumer Services Division or |
14 | | its successor ; . |
15 | | (6) by January 1, 2020 and every January 1 thereafter, |
16 | | shall submit to the Commission and the Office of the |
17 | | Attorney General the rates the alternative gas supplier |
18 | | charged to residential customers in the prior year, |
19 | | including each distinct rate charged and whether the rate |
20 | | was a fixed or variable rate, the basis for the variable |
21 | | rate, and any fees charged in addition to the supply rate, |
22 | | including monthly fees, flat fees, or other service |
23 | | charges; and |
24 | | (7) shall make publicly available on its website, |
25 | | without the need for a customer login, rate information for |
26 | | all of its variable, time-of-use, and fixed rate contracts |
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1 | | currently available to residential customers, including |
2 | | but not limited to, fixed monthly charges, early |
3 | | termination fees, and per therm charges. |
4 | | (c) An alternative gas supplier shall not submit or execute |
5 | | a change in a customer's selection of a natural gas provider |
6 | | unless and until (i) the alternative gas supplier first |
7 | | discloses all material terms and conditions of the offer , |
8 | | including price, to the customer; (ii) the alternative gas |
9 | | supplier has obtained the customer's express agreement to |
10 | | accept the offer after the disclosure of all material terms and |
11 | | conditions of the offer; and (iii) the alternative gas supplier |
12 | | has confirmed the request for a change in accordance with one |
13 | | of the following procedures: |
14 | | (1) The alternative gas supplier has obtained the |
15 | | customer's written or electronically signed authorization |
16 | | in a form that meets the following requirements: |
17 | | (A) An alternative gas supplier shall obtain any |
18 | | necessary written or electronically signed |
19 | | authorization from a customer for a change in natural |
20 | | gas service by using a letter of agency as specified in |
21 | | this Section. Any letter of agency that does not |
22 | | conform with this Section is invalid. |
23 | | (B) The letter of agency shall be a separate |
24 | | document (or an easily separable document containing |
25 | | only the authorization language described in item (E) |
26 | | of this paragraph (1)) whose sole purpose is to |
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1 | | authorize a natural gas provider change. The letter of |
2 | | agency must be signed and dated by the customer |
3 | | requesting the natural gas provider change. |
4 | | (C) The letter of agency shall not be combined with |
5 | | inducements of any kind on the same document. |
6 | | (D) Notwithstanding items (A) and (B) of this |
7 | | paragraph (1), the letter of agency may be combined |
8 | | with checks that contain only the required letter of |
9 | | agency language prescribed in item (E) of this |
10 | | paragraph (1) and the necessary information to make the |
11 | | check a negotiable instrument. The letter of agency |
12 | | check shall not contain any promotional language or |
13 | | material. The letter of agency check shall contain in |
14 | | easily readable, bold face type on the face of the |
15 | | check a notice that the consumer is authorizing a |
16 | | natural gas provider change by signing the check. The |
17 | | letter of agency language also shall be placed near the |
18 | | signature line on the back of the check. |
19 | | (E) At a minimum, the letter of agency must be |
20 | | printed with a print of sufficient size to be clearly |
21 | | legible and must contain clear and unambiguous |
22 | | language that confirms: |
23 | | (i) the customer's billing name and address; |
24 | | (ii) the decision to change the natural gas |
25 | | provider from the current provider to the |
26 | | prospective alternative gas supplier; |
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1 | | (iii) the terms, conditions, and nature of the |
2 | | service to be provided to the customer, including, |
3 | | but not limited to, the rates for the service |
4 | | contracted for by the customer; and |
5 | | (iv) that the customer understands that any |
6 | | natural gas provider selection the customer |
7 | | chooses may involve a charge to the customer for |
8 | | changing the customer's natural gas provider. |
9 | | (F) Letters of agency shall not suggest or require |
10 | | that a customer take some action in order to retain the |
11 | | customer's current natural gas provider. |
12 | | (G) If any portion of a letter of agency is |
13 | | translated into another language, then all portions of |
14 | | the letter of agency must be translated into that |
15 | | language. |
16 | | (2) An appropriately qualified independent third party |
17 | | has obtained, in accordance with the procedures set forth |
18 | | in this paragraph (2), the customer's oral authorization to |
19 | | change natural gas providers that confirms and includes |
20 | | appropriate verification data. The independent third party |
21 | | must (i) not be owned, managed, controlled, or directed by |
22 | | the alternative gas supplier or the alternative gas |
23 | | supplier's marketing agent; (ii) not have any financial |
24 | | incentive to confirm provider change requests for the |
25 | | alternative gas supplier or the alternative gas supplier's |
26 | | marketing agent; and (iii) operate in a location physically |
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1 | | separate from the alternative gas supplier or the |
2 | | alternative gas supplier's marketing agent. Automated |
3 | | third-party verification systems and 3-way conference |
4 | | calls may be used for verification purposes so long as the |
5 | | other requirements of this paragraph (2) are satisfied. An |
6 | | alternative gas supplier or alternative gas supplier's |
7 | | sales representative initiating a 3-way conference call or |
8 | | a call through an automated verification system must drop |
9 | | off the call once the 3-way connection has been |
10 | | established. All third-party verification methods shall |
11 | | elicit, at a minimum, the following information: |
12 | | (A) the identity of the customer; |
13 | | (B) confirmation that the person on the call is |
14 | | authorized to make the provider change; |
15 | | (C) confirmation that the person on the call wants |
16 | | to make the provider change; |
17 | | (D) the names of the providers affected by the |
18 | | change; |
19 | | (E) the service address of the service to be |
20 | | switched; and |
21 | | (F) the price of the service to be provided and the |
22 | | material terms and conditions of the service being |
23 | | offered, including whether any early termination fees |
24 | | apply. |
25 | | Third-party verifiers may not market the alternative |
26 | | gas supplier's services by providing additional |
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1 | | information. All third-party verifications shall be |
2 | | conducted in the same language that was used in the |
3 | | underlying sales transaction and shall be recorded in their |
4 | | entirety. Submitting alternative gas suppliers shall |
5 | | maintain and preserve audio records of verification of |
6 | | customer authorization for a minimum period of 2 years |
7 | | after obtaining the verification. Automated systems must |
8 | | provide customers with an option to speak with a live |
9 | | person at any time during the call. |
10 | | (3) The alternative gas supplier has obtained the |
11 | | customer's authorization via an automated verification |
12 | | system to change natural gas service via telephone. An |
13 | | automated verification system is an electronic system |
14 | | that, through pre-recorded prompts, elicits voice |
15 | | responses, touchtone responses, or both, from the customer |
16 | | and records both the prompts and the customer's responses. |
17 | | Such authorization must elicit the information in |
18 | | paragraph (2)(A) through (F) of this subsection (c). |
19 | | Alternative gas suppliers electing to confirm sales |
20 | | electronically through an automated verification system |
21 | | shall establish one or more toll-free telephone numbers |
22 | | exclusively for that purpose. Calls to the number or |
23 | | numbers shall connect a customer to a voice response unit, |
24 | | or similar mechanism, that makes a date-stamped, |
25 | | time-stamped recording of the required information |
26 | | regarding the alternative gas supplier change. |
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1 | | The alternative gas supplier shall not use such |
2 | | electronic authorization systems to market its services. |
3 | | (4) When a consumer initiates the call to the |
4 | | prospective alternative gas supplier, in order to enroll |
5 | | the consumer as a customer, the prospective alternative gas |
6 | | supplier must, with the consent of the customer, make a |
7 | | date-stamped, time-stamped audio recording that elicits, |
8 | | at a minimum, the following information: |
9 | | (A) the identity of the customer; |
10 | | (B) confirmation that the person on the call is |
11 | | authorized to make the provider change; |
12 | | (C) confirmation that the person on the call wants |
13 | | to make the provider change; |
14 | | (D) the names of the providers affected by the |
15 | | change; |
16 | | (E) the service address of the service to be |
17 | | switched; and |
18 | | (F) the price of the service to be supplied and the |
19 | | material terms and conditions of the service being |
20 | | offered, including whether any early termination fees |
21 | | apply. |
22 | | Submitting alternative gas suppliers shall maintain |
23 | | and preserve the audio records containing the information |
24 | | set forth above for a minimum period of 2 years. |
25 | | (5) In the event that a customer enrolls for service |
26 | | from an alternative gas supplier via an Internet website, |
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| | SB0651 Enrolled | - 53 - | LRB101 04244 JRG 49252 b |
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1 | | the alternative gas supplier shall obtain an |
2 | | electronically signed letter of agency in accordance with |
3 | | paragraph (1) of this subsection (c) and any customer |
4 | | information shall be protected in accordance with all |
5 | | applicable statutes and regulations. In addition, an |
6 | | alternative gas supplier shall provide the following when |
7 | | marketing via an Internet website: |
8 | | (A) The Internet enrollment website shall, at a |
9 | | minimum, include: |
10 | | (i) a copy of the alternative gas supplier's |
11 | | customer contract that clearly and conspicuously |
12 | | discloses all terms and conditions; and |
13 | | (ii) a conspicuous prompt for the customer to |
14 | | print or save a copy of the contract. |
15 | | (B) Any electronic version of the contract shall be |
16 | | identified by version number, in order to ensure the |
17 | | ability to verify the particular contract to which the |
18 | | customer assents. |
19 | | (C) Throughout the duration of the alternative gas |
20 | | supplier's contract with a customer, the alternative |
21 | | gas supplier shall retain and, within 3 business days |
22 | | of the customer's request, provide to the customer an |
23 | | e-mail, paper, or facsimile of the terms and conditions |
24 | | of the numbered contract version to which the customer |
25 | | assents. |
26 | | (D) The alternative gas supplier shall provide a |
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1 | | mechanism by which both the submission and receipt of |
2 | | the electronic letter of agency are recorded by time |
3 | | and date. |
4 | | (E) After the customer completes the electronic |
5 | | letter of agency, the alternative gas supplier shall |
6 | | disclose conspicuously through its website that the |
7 | | customer has been enrolled, and the alternative gas |
8 | | supplier shall provide the customer an enrollment |
9 | | confirmation number. |
10 | | (6) When a customer is solicited in person by the |
11 | | alternative gas supplier's sales agent, the alternative |
12 | | gas supplier may only obtain the customer's authorization |
13 | | to change natural gas service through the method provided |
14 | | for in paragraph (2) of this subsection (c). |
15 | | Alternative gas suppliers must be in compliance with this |
16 | | subsection (c) within 90 days after the effective date of this |
17 | | amendatory Act of the 95th General Assembly. |
18 | | (d) Complaints may be filed with the Commission under this |
19 | | Section by a customer whose natural gas service has been |
20 | | provided by an alternative gas supplier in a manner not in |
21 | | compliance with subsection (c) of this Section. If, after |
22 | | notice and hearing, the Commission finds that an alternative |
23 | | gas supplier has violated subsection (c), then the Commission |
24 | | may in its discretion do any one or more of the following: |
25 | | (1) Require the violating alternative gas supplier to |
26 | | refund the customer charges collected in excess of those |
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1 | | that would have been charged by the customer's authorized |
2 | | natural gas provider. |
3 | | (2) Require the violating alternative gas supplier to |
4 | | pay to the customer's authorized natural gas provider the |
5 | | amount the authorized natural gas provider would have |
6 | | collected for natural gas service. The Commission is |
7 | | authorized to reduce this payment by any amount already |
8 | | paid by the violating alternative gas supplier to the |
9 | | customer's authorized natural gas provider. |
10 | | (3) Require the violating alternative gas supplier to |
11 | | pay a fine of up to $1,000 into the Public Utility Fund for |
12 | | each repeated and intentional violation of this Section. |
13 | | (4) Issue a cease and desist order. |
14 | | (5) For a pattern of violation of this Section or for |
15 | | intentionally violating a cease and desist order, revoke |
16 | | the violating alternative gas supplier's certificate of |
17 | | service authority.
|
18 | | (e) No alternative gas supplier shall:
|
19 | | (1) enter into or employ any
arrangements which have |
20 | | the effect of preventing any customer from having
access to
|
21 | | the services of the gas utility in whose service area the |
22 | | customer is located;
|
23 | | (2) charge customers for such access;
|
24 | | (3) bill for goods or services not authorized by the |
25 | | customer; or |
26 | | (4) bill for a disputed amount where the alternative |
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1 | | gas supplier has been provided notice of such dispute. The |
2 | | supplier shall attempt to resolve a dispute with the |
3 | | customer. When the dispute is not resolved to the |
4 | | customer's satisfaction, the supplier shall inform the |
5 | | customer of the right to file an informal complaint with |
6 | | the Commission and provide contact information. While the |
7 | | pending dispute is active at the Commission, an alternative |
8 | | gas supplier may bill only for the undisputed amount until |
9 | | the Commission has taken final action on the complaint. |
10 | | (f) An alternative gas supplier that is certified to serve |
11 | | residential
or small commercial customers shall not:
|
12 | | (1) deny service to a customer or group of customers |
13 | | nor
establish any differences as to prices, terms,
|
14 | | conditions, services, products, facilities, or in any |
15 | | other respect, whereby
such denial or differences are based |
16 | | upon race, gender, or income , except as provided in Section |
17 | | 19-116 ;
|
18 | | (2) deny service based on locality, nor establish any |
19 | | unreasonable
difference as to prices, terms, conditions, |
20 | | services, products, or facilities
as
between localities;
|
21 | | (3) include in any agreement a provision that obligates |
22 | | a customer to the terms of the agreement if the customer |
23 | | (i) moves outside the State of Illinois; (ii) moves to a |
24 | | location without a transportation service program; or |
25 | | (iii) moves to a location where the customer will not |
26 | | require natural gas service, provided that nothing in this |
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1 | | subsection precludes an alternative gas supplier from |
2 | | taking any action otherwise available to it to collect a |
3 | | debt that arises out of service provided to the customer |
4 | | before the customer moved; or |
5 | | (4) assign the agreement to any alternative natural gas |
6 | | supplier, unless: |
7 | | (A) the supplier is an alternative gas supplier |
8 | | certified by the Commission; |
9 | | (B) the rates, terms, and conditions of the |
10 | | agreement being assigned do not change during the |
11 | | remainder of the time covered by the agreement; |
12 | | (C) the customer is given no less than 30 days |
13 | | prior written notice of the assignment and contact |
14 | | information for the new supplier; and |
15 | | (D) the supplier assigning the contract provides |
16 | | contact information that a customer can use to resolve |
17 | | a dispute. |
18 | | (g) An alternative gas supplier shall comply with the |
19 | | following requirements
with respect to the marketing, |
20 | | offering, and provision of products or services:
|
21 | | (1) All Any marketing materials , including, but not |
22 | | limited to, electronic marketing materials, in-person |
23 | | solicitations, and telephone solicitations, which make |
24 | | statements concerning prices,
terms, and conditions of |
25 | | service shall contain information that
adequately |
26 | | discloses the prices, terms , and conditions of the products
|
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1 | | or services and shall disclose the utility gas supply cost |
2 | | rates per therm price available from the Illinois Commerce |
3 | | Commission website applicable at the time the alternative |
4 | | gas supplier is offering or selling the products or |
5 | | services to the customer and shall disclose the date on |
6 | | which the utility gas supply cost rates per therm became |
7 | | effective and the date on which they will expire. All |
8 | | marketing materials, including, but not limited to, |
9 | | electronic marketing materials, in-person solicitations, |
10 | | and telephone solicitations, shall include the following |
11 | | statement: .
|
12 | | "(Name of the alternative gas supplier) is not the |
13 | | same entity as your gas delivery company. You are not |
14 | | required to enroll with (name of alternative gas |
15 | | supplier). Beginning on (effective date), the utility |
16 | | gas supply cost rate per therm is (cost). The utility |
17 | | gas supply cost will expire on (expiration date). For |
18 | | more information go to the Illinois Commerce |
19 | | Commission's free website at |
20 | | www.icc.illinois.gov/ags/consumereducation.aspx.". |
21 | | This paragraph (1) does not apply to goodwill or |
22 | | institutional advertising.
|
23 | | (2) Before any customer is switched from another |
24 | | supplier, the
alternative gas supplier shall give the |
25 | | customer written information
that clearly and |
26 | | conspicuously discloses, in plain language, the prices, |
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1 | | terms, and
conditions of the products and services being |
2 | | offered and sold to the
customer. This written information |
3 | | shall be provided in a language in which the customer |
4 | | subject to the marketing or solicitation is able to |
5 | | understand and communicate, and the alternative gas |
6 | | supplier shall not switch a customer who is unable to |
7 | | understand and communicate in a language in which the |
8 | | marketing or solicitation was conducted. The alternative |
9 | | gas supplier shall comply with Section 2N of the Consumer |
10 | | Fraud and Deceptive Business Practices Act. Nothing in this |
11 | | paragraph (2) may be read to relieve an alternative gas |
12 | | supplier from the duties imposed on it by item (3) of |
13 | | subsection (c) of Section 2DDD of the Consumer Fraud and |
14 | | Deceptive Business Practices Act.
|
15 | | (3) The alternative gas supplier shall provide to the |
16 | | customer:
|
17 | | (A) accurate, timely, and itemized billing |
18 | | statements that describe
the products and services
|
19 | | provided to the customer and their prices
and that |
20 | | specify the
gas consumption amount and any service
|
21 | | charges and taxes; provided that this item (g)(3)(A) |
22 | | does not apply to small
commercial customers;
|
23 | | (B) billing statements that clearly and |
24 | | conspicuously discloses the name and contact |
25 | | information for the alternative gas supplier; |
26 | | (C) an additional
statement, at least annually, |
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1 | | that adequately discloses the average
monthly prices, |
2 | | and the terms and conditions, of the products and
|
3 | | services sold to the customer; provided that this item |
4 | | (g)(3)(C) does not
apply to small commercial |
5 | | customers;
|
6 | | (D) refunds of any deposits with interest within 30 |
7 | | days after the
date
that the customer changes gas |
8 | | suppliers or discontinues service if the customer
has |
9 | | satisfied all of his or her outstanding financial |
10 | | obligations to the
alternative gas supplier at an |
11 | | interest rate set by the Commission which shall
be the |
12 | | same as that required of gas utilities; and
|
13 | | (E) refunds, in a timely fashion, of all undisputed |
14 | | overpayments upon
the oral or written request of the |
15 | | customer.
|
16 | | (4) An alternative gas supplier and its sales agents |
17 | | shall refrain from any direct marketing or soliciting to |
18 | | consumers on the gas utility's "Do Not Contact List", which |
19 | | the alternative gas supplier shall obtain on the 15th |
20 | | calendar day of the month from the gas utility in whose |
21 | | service area the consumer is provided with gas service. If |
22 | | the 15th calendar day is a non-business day, then the |
23 | | alternative gas supplier shall obtain the list on the next |
24 | | business day following the 15th calendar day of that month. |
25 | | (5) Early Termination. |
26 | | (A) Any agreement that contains an early |
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1 | | termination clause shall disclose the amount of the |
2 | | early termination fee, provided that any early |
3 | | termination fee or penalty shall not exceed $50 total, |
4 | | regardless of whether or not the agreement is a |
5 | | multiyear agreement. |
6 | | (B) In any agreement that contains an early |
7 | | termination clause, an alternative gas supplier shall |
8 | | provide the customer the opportunity to terminate the |
9 | | agreement without any termination fee or penalty |
10 | | within 10 business days after the date of the first |
11 | | bill issued to the customer for products or services |
12 | | provided by the alternative gas supplier. The |
13 | | agreement shall disclose the opportunity and provide a |
14 | | toll-free phone number that the customer may call in |
15 | | order to terminate the agreement. Beginning January 1, |
16 | | 2020, residential and small commercial customers shall |
17 | | have a right to terminate their agreements with |
18 | | alternative gas suppliers at any time without any |
19 | | termination fees or penalties. |
20 | | (6) Within 2 business days after electronic receipt of |
21 | | a customer switch from the alternative gas supplier and |
22 | | confirmation of eligibility, the gas utility shall provide |
23 | | the customer written notice confirming the switch. The gas |
24 | | utility shall not switch the service until 10 business days |
25 | | after the date on the notice to the customer. |
26 | | (7) The alternative gas supplier shall provide each |
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1 | | customer the opportunity to rescind its agreement without |
2 | | penalty within 10 business days after the date on the gas |
3 | | utility notice to the customer. The alternative gas |
4 | | supplier shall disclose all of the following: |
5 | | (A) that the gas utility shall send a notice |
6 | | confirming the switch; |
7 | | (B) that from the date the utility issues the |
8 | | notice confirming the switch, the customer shall have |
9 | | 10 business days to rescind the switch without penalty; |
10 | | (C) that the customer shall contact the gas utility |
11 | | or the alternative gas supplier to rescind the switch; |
12 | | and |
13 | | (D) the contact information for the gas utility. |
14 | | The alternative gas supplier disclosure shall be |
15 | | included in its sales solicitations, contracts, and all |
16 | | applicable sales verification scripts. |
17 | | (8) All in-person and telephone solicitations shall be |
18 | | conducted in, translated into, and provided in a language |
19 | | in which the consumer subject to the marketing or |
20 | | solicitation is able to understand and communicate. An |
21 | | alternative gas supplier shall terminate a solicitation if |
22 | | the consumer subject to the marketing or communication is |
23 | | unable to understand and communicate in the language in |
24 | | which the marketing or solicitation is being conducted. An |
25 | | alternative gas supplier shall comply with Section 2N of |
26 | | the Consumer Fraud and Deceptive Business Practices Act. |
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1 | | (h) An alternative gas supplier may limit the overall size |
2 | | or availability
of
a
service offering by specifying one or more |
3 | | of the following:
|
4 | | (1) a maximum number
of
customers and maximum amount of |
5 | | gas load to be served;
|
6 | | (2) time period during which
the
offering will be |
7 | | available; or
|
8 | | (3) other comparable limitation, but not including
the
|
9 | | geographic locations of customers within the area which the |
10 | | alternative gas
supplier is
certificated to serve.
|
11 | | The alternative gas supplier shall file the terms and
|
12 | | conditions of
such service offering including the applicable |
13 | | limitations with the Commission
prior to
making the service |
14 | | offering available to customers.
|
15 | | (i) Nothing in this Section shall be construed as |
16 | | preventing an alternative
gas
supplier that is an affiliate of, |
17 | | or which contracts with,
(i) an industry or
trade
organization |
18 | | or association,
(ii) a membership organization or association |
19 | | that
exists for
a purpose other than the purchase of gas, or
|
20 | | (iii) another organization that
meets criteria
established in a |
21 | | rule adopted by the Commission from offering through the
|
22 | | organization
or association services at prices, terms and |
23 | | conditions that are available
solely to the
members of the |
24 | | organization or association.
|
25 | | (Source: P.A. 95-1051, eff. 4-10-09.)
|
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1 | | (220 ILCS 5/19-116 new) |
2 | | Sec. 19-116. Alternative gas supplier utility assistance |
3 | | recipient. |
4 | | (a) Beginning January 1, 2020, an alternative gas supplier |
5 | | shall not knowingly submit an enrollment to change a customer's |
6 | | natural gas supplier if the gas utility's records indicate that |
7 | | the customer received financial assistance in the previous 12 |
8 | | months from either the Low Income Home Energy Assistance |
9 | | Program or, at the time of enrollment is participating in the |
10 | | Percentage of Income Payment Plan, unless the customer's change |
11 | | in gas supplier is pursuant to a Commission-approved savings |
12 | | guarantee plan as described in subsection (b). |
13 | | (b) Beginning January 1, 2020, an alternative gas supplier |
14 | | may apply to the Commission to offer a savings guarantee plan |
15 | | to recipients of Low Income Home Energy Assistance Program |
16 | | funding or Percentage of Income Payment Plan funding. The |
17 | | Commission shall initiate a public, docketed proceeding to |
18 | | consider whether or not to approve an alternative gas |
19 | | supplier's application to offer a savings guarantee plan. At a |
20 | | minimum, the savings guarantee plan shall charge customers for |
21 | | natural gas supply at an amount that is less than the amount |
22 | | charged by the gas utility. |
23 | | (c) An agreement entered into between an alternative gas |
24 | | supplier and a customer in violation of this Section is void |
25 | | and unenforceable. Before the gas utility executes a change in |
26 | | a customer's natural gas supplier, other than a change pursuant |
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1 | | to a Commission-approved savings guarantee plan as described in |
2 | | subsection (b), the gas utility shall confirm at the time of |
3 | | the request whether its records indicate that the customer has |
4 | | either received financial assistance from the Low Income Home |
5 | | Energy Assistance Program within the previous 12 months, or, at |
6 | | the time of enrollment is participating in the Percentage of |
7 | | Income Payment Plan; and if so, shall reject such change |
8 | | request. Absent willful or wanton misconduct, no gas utility |
9 | | shall be held liable for any error in acting or failing to act |
10 | | pursuant to this Section.
|
11 | | (220 ILCS 5/19-120)
|
12 | | Sec. 19-120. Commission oversight of services provided by |
13 | | gas
suppliers. |
14 | | (a) The provisions of this Section shall apply only to |
15 | | alternative gas
suppliers
serving or seeking to serve |
16 | | residential or small commercial customers and
only to the |
17 | | extent such
alternative gas suppliers provide services to |
18 | | residential or small
commercial customers.
|
19 | | (b) The Commission shall have jurisdiction in accordance |
20 | | with the provisions
of Article X of this Act either to |
21 | | investigate on its own motion in order to determine whether or |
22 | | to entertain and dispose of any complaint against any
|
23 | | alternative
gas supplier alleging that:
|
24 | | (1) the alternative gas supplier has violated or is
in
|
25 | | nonconformance with any applicable provisions of Section |
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1 | | 19-110, 19-111, 19-112, or Section
19-115;
|
2 | | (2) an alternative gas supplier has failed to provide |
3 | | service in
accordance with the
terms of its contract or |
4 | | contracts with a customer or customers;
|
5 | | (3) the
alternative
gas supplier has violated or is in |
6 | | nonconformance with the transportation
services tariff
of, |
7 | | or any of its agreements relating to transportation |
8 | | services with, the gas
utility or
municipal system |
9 | | providing transportation services; or
|
10 | | (4) the
alternative gas
supplier has violated or failed |
11 | | to comply with the requirements of Sections
8-201
through |
12 | | 8-207, 8-301, 8-505, or 8-507 of this Act as made |
13 | | applicable to
alternative gas
suppliers.
|
14 | | (c) The Commission shall have authority after notice and |
15 | | hearing held on
complaint or on the Commission's own motion to |
16 | | order any or all of the following remedies, penalties, or forms |
17 | | of relief:
|
18 | | (1) order an alternative gas supplier to cease and |
19 | | desist, or correct,
any violation of or nonconformance with |
20 | | the provisions of Section
19-110, 19-111, 19-112, or |
21 | | 19-115;
|
22 | | (2) impose financial penalties for violations of or |
23 | | nonconformances
with the provisions of Section 19-110, |
24 | | 19-111, 19-112, or 19-115, not to exceed (i)
$10,000 per |
25 | | occurrence or (ii) $30,000 per day for those violations or
|
26 | | nonconformances which continue after the Commission issues |
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1 | | a
cease-and-desist order; and
|
2 | | (3) alter, modify, revoke, or suspend the certificate |
3 | | of service
authority
of an alternative gas supplier for |
4 | | substantial or repeated violations of
or nonconformances |
5 | | with the provisions of Section 19-110, 19-111, 19-112, or |
6 | | 19-115.
|
7 | | (d) Nothing in this Act shall be construed to limit, |
8 | | restrict, or
mitigate
in
any way the power and authority of the |
9 | | State's Attorneys or the Attorney
General under the Consumer |
10 | | Fraud and Deceptive Business Practices Act.
|
11 | | (e) In addition to other powers and authority granted to it |
12 | | under this Act, the Commission may require an alternative gas |
13 | | supplier to enter into a compliance
plan. If the Commission |
14 | | comes into possession of information causing it to conclude |
15 | | that an alternative gas supplier is violating this Act or the |
16 | | Commission's rules, the Commission may, after notice and |
17 | | hearing, enter an order directing the alternative gas supplier |
18 | | to implement practices, procedures, oversight, or other |
19 | | measures or refrain from practices, conduct, or activities as |
20 | | the Commission finds is necessary or reasonable to ensure the |
21 | | alternative gas supplier's compliance with this Act and the |
22 | | Commission's rules. Failure by an alternative gas supplier to |
23 | | implement or comply with a Commission-ordered compliance plan |
24 | | is a violation of this Section. The Commission, in its |
25 | | discretion, may order a compliance plan under such |
26 | | circumstances as it considers warranted and is not required to |
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1 | | order a compliance plan prior to taking other enforcement |
2 | | action against an alternative retail gas supplier. Nothing in |
3 | | this subsection (e) shall be interpreted to limit the authority |
4 | | or right of the Attorney General. |
5 | | (Source: P.A. 95-1051, eff. 4-10-09.)
|
6 | | (220 ILCS 5/19-130)
|
7 | | Sec. 19-130. Commission study and report. The Commission's |
8 | | Office of Retail Market Development shall prepare an annual
|
9 | | report regarding the
development of competitive retail natural |
10 | | gas markets in Illinois. The Office shall monitor existing |
11 | | competitive conditions in Illinois, identify barriers to |
12 | | retail competition for all customer classes, and actively |
13 | | explore and propose to the Commission and to the General |
14 | | Assembly solutions to overcome identified barriers. Solutions |
15 | | proposed by the Office to promote retail competition must also |
16 | | promote safe, reliable, and affordable natural gas service. |
17 | | On or before October 1 of each year, beginning in 2015, the |
18 | | Director shall submit a report to the Commission, the General |
19 | | Assembly, and the Governor, that includes, at a minimum, the |
20 | | following
information:
|
21 | | (1) an analysis of the status and development of the |
22 | | retail natural gas
market in the State of Illinois; and |
23 | | (2) a discussion of any identified barriers to the |
24 | | development of competitive retail natural gas markets in |
25 | | Illinois and proposed solutions to overcome identified |
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1 | | barriers; and
|
2 | | (3) any other information the Office considers |
3 | | significant in
assessing
the development of natural gas
|
4 | | markets in the State of Illinois.
|
5 | | Beginning in 2021, the report shall also include the |
6 | | information submitted to the Commission pursuant to paragraph |
7 | | (6) of subsection (b) of Section 19-115. |
8 | | (Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
|
9 | | (220 ILCS 5/19-135)
|
10 | | Sec. 19-135. Single billing. |
11 | | (a) It is the intent of the General Assembly
that in any |
12 | | service
area where customers are able to choose their natural |
13 | | gas supplier, a single
billing option shall be offered to |
14 | | customers for both the services provided by
the alternative gas |
15 | | supplier and the delivery services provided by the gas
utility. |
16 | | A gas utility shall file a tariff pursuant to Article IX of |
17 | | this Act
that allows alternative gas suppliers to issue single |
18 | | bills to residential and
small commercial customers for both |
19 | | the services provided by the alternative
gas supplier and the |
20 | | delivery services provided by the gas utility to
customers; |
21 | | provided that if a form of single billing is being offered in a |
22 | | gas
utility's service area on the effective date of this |
23 | | amendatory Act of the
92nd General Assembly, that form of |
24 | | single billing shall remain in effect
unless and until |
25 | | otherwise ordered by the Commission.
|
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1 | | (b) Every alternative gas supplier that issues a single |
2 | | bill for delivery and supply shall include on the single bill |
3 | | issued to a residential customer the current utility gas supply |
4 | | cost rate per therm that would apply to the customer for the |
5 | | billing period if the customer obtained supply from the |
6 | | utility, including all fixed or monthly supply charges and |
7 | | other charges, credits, or rates that are part of the gas |
8 | | supply price. |
9 | | (c) Every gas utility that offers supply choice and |
10 | | provides delivery and alternative gas supply service on a |
11 | | single bill to its residential customers shall include on the |
12 | | bill of each residential customer who purchases supply services |
13 | | from an alternative gas supplier the current utility gas supply |
14 | | cost rate per therm that would apply to the customer for the |
15 | | billing period if the customer obtained supply from the |
16 | | utility, including all fixed or monthly supply charges and |
17 | | other charges, credits, or rates that are part of the gas |
18 | | supply price. |
19 | | (Source: P.A. 92-852, eff. 8-26-02.)
|
20 | | (220 ILCS 5/20-110) |
21 | | Sec. 20-110. Office of Retail Market Development. Within 90 |
22 | | days after the effective date of this amendatory Act of the |
23 | | 94th General Assembly, subject to appropriation, the |
24 | | Commission shall establish an Office of Retail Market |
25 | | Development and employ on its staff a Director of Retail Market |
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1 | | Development to oversee the Office. The Director shall have |
2 | | authority to employ or otherwise retain at least 2 |
3 | | professionals dedicated to the task of actively seeking out |
4 | | ways to promote retail competition in Illinois to benefit all |
5 | | Illinois consumers. |
6 | | The Office shall actively seek input from all interested |
7 | | parties and shall develop a thorough understanding and critical |
8 | | analyses of the tools and techniques used to promote retail |
9 | | competition in other states. |
10 | | The Office shall monitor existing competitive conditions |
11 | | in Illinois, identify barriers to retail competition for all |
12 | | customer classes, and actively explore and propose to the |
13 | | Commission and to the General Assembly solutions to overcome |
14 | | identified barriers. The Director may include municipal |
15 | | aggregation of customers and creating and designing customer |
16 | | choice programs as tools for retail market development. |
17 | | Solutions proposed by the Office to promote retail competition |
18 | | must also promote safe, reliable, and affordable electric |
19 | | service. |
20 | | On or before July 31 June 30 of each year, the Director |
21 | | shall submit a report to the Commission, the General Assembly, |
22 | | and the Governor, that details specific accomplishments |
23 | | achieved by the Office in the prior 12 months in promoting |
24 | | retail electric competition and that suggests administrative |
25 | | and legislative action necessary to promote further |
26 | | improvements in retail electric competition. On or before July |
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1 | | 31, 2021 and each year thereafter, the report shall include the |
2 | | information submitted to the Commission pursuant to paragraph |
3 | | (iii) of subsection (a) of Section 16-115A.
|
4 | | (Source: P.A. 94-1095, eff. 2-2-07.) |
5 | | Section 10. The Consumer Fraud and Deceptive Business |
6 | | Practices Act is amended by changing Sections 2EE and 2DDD as |
7 | | follows:
|
8 | | (815 ILCS 505/2EE)
|
9 | | Sec. 2EE. Alternative retail electric supplier Electric |
10 | | service provider selection. |
11 | | (a) An alternative retail electric supplier electric |
12 | | service provider shall not submit or execute
a change in a |
13 | | consumer's subscriber's selection of a provider of electric
|
14 | | service unless and until : |
15 | | (i) the alternative retail electric supplier provider |
16 | | first discloses all material terms and conditions of the |
17 | | offer to the consumer subscriber ; |
18 | | (ii) if the consumer is a small commercial retail |
19 | | customer as that term is defined in subsection (c) of this |
20 | | Section or a residential consumer, the alternative retail |
21 | | electric supplier discloses the utility electric supply |
22 | | price to compare, which shall be the sum of the electric |
23 | | supply charge and the transmission services charge, and |
24 | | shall not include the purchased electricity adjustment, |
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1 | | applicable at the time the offer is made to the consumer; |
2 | | (iii) if the consumer is a small commercial retail |
3 | | customer as that term is defined in subsection (c) of this |
4 | | Section or a residential consumer, the alternative retail |
5 | | electric provider discloses the following statement: |
6 | | "(Name of the alternative retail electric |
7 | | supplier) is not the same entity as your electric |
8 | | delivery company. You are not required to enroll with |
9 | | (name of alternative retail electric supplier). As of |
10 | | (effective date), the electric supply price to compare |
11 | | is currently (price in cents per kilowatt hour). The |
12 | | electric utility electric supply price will expire on |
13 | | (expiration date). The utility electric supply price |
14 | | to compare does not include the purchased electricity |
15 | | adjustment factor. For more information go to the |
16 | | Illinois Commerce Commission's free website at |
17 | | www.pluginillinois.org.". |
18 | | If applicable, the statement shall include the |
19 | | following statement: |
20 | | "The purchased electricity adjustment factor may |
21 | | range between +.5 cents and -.5 cents per kilowatt |
22 | | hour."; |
23 | | (iv) the alternative retail electric supplier has |
24 | | obtained the consumer's express agreement to accept the |
25 | | offer after the disclosure of all material terms and |
26 | | conditions of the offer; and |
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1 | | (v) the alternative retail electric supplier has |
2 | | confirmed the request for a change in accordance with one |
3 | | of the following procedures: (ii) the provider has obtained |
4 | | the subscriber's express agreement to accept the offer |
5 | | after the disclosure of all material terms and conditions |
6 | | of the offer; and (iii) the provider has confirmed the |
7 | | request for a change in accordance with one of the |
8 | | following procedures:
|
9 | | (A) (a) The new alternative retail electric |
10 | | supplier electric service provider has obtained the |
11 | | consumer's
subscriber's
written or electronically |
12 | | signed
authorization in a form that meets the
following |
13 | | requirements:
|
14 | | (1) An alternative retail electric supplier |
15 | | electric service provider shall obtain any
|
16 | | necessary written or electronically signed |
17 | | authorization from a consumer subscriber for a
|
18 | | change in electric service by using a letter of |
19 | | agency as
specified in this
Section. Any letter of |
20 | | agency that does
not conform with this
Section is |
21 | | invalid.
|
22 | | (2) The letter of agency shall be a separate
|
23 | | document (an easily separable document containing |
24 | | only
the authorization language described in |
25 | | subparagraph (5) (a)(5)
of this
Section ) whose |
26 | | sole purpose is to authorize an
electric service |
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1 | | provider change. The letter of agency
must be |
2 | | signed and dated by the consumer subscriber |
3 | | requesting the
electric service provider change.
|
4 | | (3) The letter of agency shall not be combined |
5 | | with
inducements of any kind on the same document.
|
6 | | (4) Notwithstanding subparagraphs (1) (a)(1) |
7 | | and (2) (a)(2) of
this
Section , the letter of |
8 | | agency may be combined with
checks that contain |
9 | | only the required letter of agency
language |
10 | | prescribed in subparagraph (5) (a)(5)
of this |
11 | | Section and
the necessary information to make the |
12 | | check a negotiable
instrument. The letter of |
13 | | agency check shall not contain
any promotional |
14 | | language or material. The letter of
agency check |
15 | | shall contain in easily readable, bold-face
type |
16 | | on the face of the check, a notice that the |
17 | | consumer
is authorizing an electric service |
18 | | provider change by
signing the check. The letter of |
19 | | agency language also
shall be placed near the |
20 | | signature line on the back of
the check.
|
21 | | (5) At a minimum, the letter of agency must be
|
22 | | printed with a print of sufficient size to be |
23 | | clearly
legible, and must contain clear and |
24 | | unambiguous language
that confirms:
|
25 | | (i) The consumer's subscriber's billing |
26 | | name and address;
|
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1 | | (ii) The decision to change the electric |
2 | | service
provider from the current provider to |
3 | | the
prospective provider;
|
4 | | (iii) The terms, conditions, and nature of |
5 | | the
service to be provided to the consumer |
6 | | subscriber must be
clearly and conspicuously |
7 | | disclosed, in writing, and
an alternative |
8 | | retail electric supplier electric service |
9 | | provider must directly establish
the rates for |
10 | | the service contracted for by the consumer
|
11 | | subscriber ; and
|
12 | | (iv) That the consumer subscriber |
13 | | understand that any
alternative retail |
14 | | electric supplier electric service provider |
15 | | selection the consumer subscriber
chooses may |
16 | | involve a charge to the consumer subscriber for
|
17 | | changing the consumer's subscriber's electric |
18 | | service provider.
|
19 | | (6) Letters of agency shall not suggest or |
20 | | require
that a consumer subscriber take some |
21 | | action in order to retain the consumer's
|
22 | | subscriber's current electric service provider.
|
23 | | (7) If any portion of a letter of agency is
|
24 | | translated into another language, then all |
25 | | portions of
the letter of agency must be translated |
26 | | into that
language.
|
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1 | | (B) (b) An appropriately qualified independent |
2 | | third party has obtained, in accordance with the |
3 | | procedures set forth in this subsection (b), the |
4 | | consumer's subscriber's oral authorization to change |
5 | | electric suppliers that confirms and includes |
6 | | appropriate verification data. The independent third |
7 | | party (i) must not be owned, managed, controlled, or |
8 | | directed by the supplier or the supplier's marketing |
9 | | agent; (ii) must not have any financial incentive to |
10 | | confirm supplier change requests for the supplier or |
11 | | the supplier's marketing agent; and (iii) must operate |
12 | | in a location physically separate from the supplier or |
13 | | the supplier's marketing agent.
|
14 | | Automated third-party verification systems and |
15 | | 3-way conference calls may be used for verification |
16 | | purposes so long as the other requirements of this |
17 | | subsection (b) are satisfied. |
18 | | A supplier or supplier's sales representative |
19 | | initiating a 3-way conference call or a call through an |
20 | | automated verification system must drop off the call |
21 | | once the 3-way connection has been established. |
22 | | All third-party verification methods shall elicit, |
23 | | at a minimum, the following information: (i) the |
24 | | identity of the consumer subscriber ; (ii) confirmation |
25 | | that the person on the call is the account holder, has |
26 | | been specifically and explicitly authorized by the |
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1 | | account holder, or possesses lawful authority |
2 | | authorized to make the supplier change; (iii) |
3 | | confirmation that the person on the call wants to make |
4 | | the supplier change; (iv) the names of the suppliers |
5 | | affected by the change; (v) the service address of the |
6 | | supply to be switched; and (vi) the price of the |
7 | | service to be supplied and the material terms and |
8 | | conditions of the service being offered, including |
9 | | whether any early termination fees apply. Third-party |
10 | | verifiers may not market the supplier's services by |
11 | | providing additional information, including |
12 | | information regarding procedures to block or otherwise |
13 | | freeze an account against further changes. |
14 | | All third-party verifications shall be conducted |
15 | | in the same language that was used in the underlying |
16 | | sales transaction and shall be recorded in their |
17 | | entirety. Submitting suppliers shall maintain and |
18 | | preserve audio records of verification of subscriber |
19 | | authorization for a minimum period of 2 years after |
20 | | obtaining the verification. Automated systems must |
21 | | provide consumers with an option to speak with a live |
22 | | person at any time during the call.
Each disclosure |
23 | | made during the third-party verification must be made |
24 | | individually to obtain clear acknowledgment of each |
25 | | disclosure. The alternative retail electric supplier |
26 | | must be in a location where he or she cannot hear the |
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1 | | customer while the third-party verification is |
2 | | conducted. The alternative retail electric supplier |
3 | | shall not contact the customer after the third-party |
4 | | verification for a period of 24 hours unless the |
5 | | customer initiates the contact. |
6 | | (C) (c) When a consumer subscriber initiates the |
7 | | call to the prospective alternative retail electric |
8 | | supplier electric supplier , in order to enroll the |
9 | | consumer subscriber as a customer, the prospective |
10 | | alternative retail electric supplier must, with the |
11 | | consent of the customer, make a date-stamped, |
12 | | time-stamped audio recording that elicits, at a |
13 | | minimum, the following information: |
14 | | (1) the identity of the customer subscriber ; |
15 | | (2) confirmation that the person on the call is |
16 | | authorized to make the supplier change; |
17 | | (3) confirmation that the person on the call |
18 | | wants to make the supplier change; |
19 | | (4) the names of the suppliers affected by the |
20 | | change; |
21 | | (5) the service address of the supply to be |
22 | | switched; and |
23 | | (6) the price of the service to be supplied and |
24 | | the material terms and conditions of the service |
25 | | being offered, including whether any early |
26 | | termination fees apply.
|
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1 | | Submitting suppliers shall maintain and preserve |
2 | | the audio records containing the information set forth |
3 | | above for a minimum period of 2 years.
|
4 | | (b)(1) An alternative retail electric supplier shall not |
5 | | utilize the name of a public utility in any manner that is |
6 | | deceptive or misleading, including, but not limited to implying |
7 | | or otherwise leading a consumer to believe that an alternative |
8 | | retail electric supplier is soliciting on behalf of or is an |
9 | | agent of a utility. An alternative retail electric supplier |
10 | | shall not utilize the name, or any other identifying insignia, |
11 | | graphics, or wording that has been used at any time to |
12 | | represent a public utility company or its services, to |
13 | | identify, label, or define any of its electric power and energy |
14 | | service offers. An alternative retail electric supplier may |
15 | | state the name of a public electric utility in order to |
16 | | accurately describe the electric utility service territories |
17 | | in which the supplier is currently offering an electric power |
18 | | and energy service. An alternative retail electric supplier |
19 | | that is the affiliate of an Illinois public utility and that |
20 | | was doing business in Illinois providing alternative retail |
21 | | electric service on January 1, 2016 may continue to use that |
22 | | public utility's name, logo, identifying insignia, graphics, |
23 | | or wording in its business operations occurring outside the |
24 | | service territory of the public utility with which it is |
25 | | affiliated. |
26 | | (2) An alternative retail electric supplier shall not state |
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| | SB0651 Enrolled | - 81 - | LRB101 04244 JRG 49252 b |
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1 | | or otherwise imply that the alternative retail electric |
2 | | supplier is employed by, representing, endorsed by, or acting |
3 | | on behalf of a utility or utility program, a consumer group or |
4 | | consumer group program, or a governmental body, unless the |
5 | | alternative retail electric supplier has entered into a |
6 | | contractual arrangement with the governmental body and has been |
7 | | authorized by the governmental body to make the statements. |
8 | | (c) An alternative retail electric supplier shall not |
9 | | submit or execute a change in a consumer's selection of a |
10 | | provider of electric service unless the alternative retail |
11 | | electric supplier complies with the following requirements of |
12 | | this subsection (c). It is a violation of this Section for an |
13 | | alternative retail electric supplier to fail to comply with |
14 | | this subsection (c). The requirements of this subsection (c) |
15 | | shall only apply to residential and small commercial retail |
16 | | customers. For purposes of this subsection (c) only, "small |
17 | | commercial retail customer" has the meaning given to that term |
18 | | in Section 16-102 of the Public Utilities Act. |
19 | | (1) During a solicitation an alternative retail |
20 | | electric supplier shall state that he or represents an |
21 | | independent seller of electric power and energy service |
22 | | certified by the Illinois Commerce Commission and that he |
23 | | or she is not employed by, representing, endorsed by, or |
24 | | acting on behalf of, a utility, or a utility program, a |
25 | | consumer group or consumer group program, or a governmental |
26 | | body, unless the alternative retail electric supplier has |
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1 | | entered into a contractual arrangement with the |
2 | | governmental body and has been authorized with the |
3 | | governmental body to make the statements. |
4 | | (2) Alternative retail electric suppliers who engage |
5 | | in in-person solicitation for the purpose of selling |
6 | | electric power and energy service offered by the |
7 | | alternative retail electric supplier shall display |
8 | | identification on an outer garment. This identification |
9 | | shall be visible at all times and prominently display the |
10 | | following: (i) the alternative retail electric supplier |
11 | | agent's full name in reasonable size font; (ii) an agent |
12 | | identification number; (iii) a photograph of the |
13 | | alternative retail electric supplier agent; and (iv) the |
14 | | trade name and logo of the alternative retail electric |
15 | | supplier the agent is representing. If the agent is selling |
16 | | electric power and energy services from multiple |
17 | | alternative retail electric suppliers to the consumer, the |
18 | | identification shall display the trade name and logo of the |
19 | | agent, broker, or consultant entity as that entity is |
20 | | defined in Section 16-115C of the Public Utilities Act. An |
21 | | alternative retail electric supplier shall leave the |
22 | | premises at the consumer's, owner's, or occupant's |
23 | | request. A copy of the Uniform Disclosure Statement |
24 | | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A |
25 | | is to be left with the consumer, at the conclusion of the |
26 | | visit unless the consumer refuses to accept a copy. An |
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1 | | alternative retail electric supplier may provide the |
2 | | Uniform Disclosure Statement electronically instead of in |
3 | | paper form to a consumer upon that customer's request. The |
4 | | alternative retail electric supplier shall also offer to |
5 | | the consumer, at the time of the initiation of the |
6 | | solicitation, a business card or other material that lists |
7 | | the agent's name, identification number and title, and the |
8 | | alternative retail electric supplier's name and contact |
9 | | information, including phone number. The alternative |
10 | | retail electric supplier shall not conduct any in-person |
11 | | solicitations of consumers at any building or premises |
12 | | where any sign, notice, or declaration of any description |
13 | | whatsoever is posted that prohibits sales, marketing, or |
14 | | solicitations. The alternative retail electric supplier |
15 | | shall obtain consent to enter multi-unit residential |
16 | | dwellings. Consent obtained to enter a multi-unit dwelling |
17 | | from one prospective customer or occupant of the dwelling |
18 | | shall not constitute consent to market to any other |
19 | | prospective consumers without separate consent. |
20 | | (3) An alternative retail electric supplier who |
21 | | contacts consumers by telephone for the purpose of selling |
22 | | electric power and energy service shall provide the agent's |
23 | | name and identification number. Any telemarketing |
24 | | solicitations that lead to a telephone enrollment of a |
25 | | consumer must be recorded and retained for a minimum of 2 |
26 | | years. All telemarketing calls of consumers that do not |
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1 | | lead to a telephone enrollment, but last at least 2 |
2 | | minutes, shall be recorded and retained for a minimum of 6 |
3 | | months. |
4 | | (4) During an inbound enrollment call, an alternative |
5 | | retail electric supplier shall state that he or she |
6 | | represents an independent seller of electric power and |
7 | | energy service certified by the Illinois Commerce |
8 | | Commission. All inbound enrollment calls that lead to an |
9 | | enrollment shall be recorded, and the recordings shall be |
10 | | retained for a minimum of 2 years. An inbound enrollment |
11 | | call that does not lead to an enrollment, but lasts at |
12 | | least 2 minutes, shall be retained for a minimum of 6 |
13 | | months. The alternative retail electric supplier shall |
14 | | send the Uniform Disclosure Statement and contract to the |
15 | | customer within 3 business days after the electric |
16 | | utility's confirmation to the alternative retail electric |
17 | | supplier of an accepted enrollment. |
18 | | (5) If a direct mail solicitation to a consumer |
19 | | includes a written letter of agency, it shall include the |
20 | | Uniform Disclosure Statement described in 83 Ill. Adm. Code |
21 | | 412.115 and 412.Appendix A. The Uniform Disclosure |
22 | | Statement shall be provided on a separate page from the |
23 | | other marketing materials included in the direct mail |
24 | | solicitation. If a written letter of agency is being used |
25 | | to authorize a consumer's enrollment, the written letter of |
26 | | agency shall comply with this Section. A copy of the |
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1 | | contract must be sent to consumer within 3 business days |
2 | | after the electric utility's confirmation to the |
3 | | alternative retail electric supplier of an accepted |
4 | | enrollment. |
5 | | (6) Online Solicitation. |
6 | | (A) Each alternative retail electric supplier |
7 | | offering electric power and energy service to |
8 | | consumers online shall clearly and conspicuously make |
9 | | all disclosures for any services offered through |
10 | | online enrollment before requiring the consumer to |
11 | | enter any personal information other than zip code, |
12 | | electric utility service territory, or type of service |
13 | | sought. |
14 | | (B) Notwithstanding any requirements in this |
15 | | Section to the contrary, an alternative retail |
16 | | electric supplier may secure consent from the consumer |
17 | | to obtain customer-specific billing and usage |
18 | | information for the sole purpose of determining and |
19 | | pricing a product through a letter of agency or method |
20 | | approved through an Illinois Commerce Commission |
21 | | docket before making all disclosure for services |
22 | | offered through online enrollment. It is a violation of |
23 | | this Act for an alternative retail electric supplier to |
24 | | use a consumer's utility account number to execute or |
25 | | change a consumer's enrollment unless the consumer |
26 | | expressly consents to that enrollment as required by |
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1 | | law. |
2 | | (C) The enrollment website of the alternative |
3 | | retail electric supplier shall, at a minimum, include: |
4 | | (i) disclosure of all material terms and conditions of |
5 | | the offer; (ii) a statement that electronic acceptance |
6 | | of the terms and conditions is an agreement to initiate |
7 | | service and begin enrollment; (iii) a statement that |
8 | | the consumer shall review the contract or contact the |
9 | | current supplier to learn if any early termination fees |
10 | | are applicable; and (iv) an email address and toll-free |
11 | | phone number of the alternative retail electric |
12 | | supplier where the customer can express a decision to |
13 | | rescind the contract. |
14 | | (7)(A) Beginning January 1, 2020, an alternative |
15 | | retail electric supplier shall not sell or offer to sell |
16 | | any products or services to a consumer pursuant to a |
17 | | contract in which the contract automatically renews, |
18 | | unless an alternative retail electric supplier provides to |
19 | | the consumer at the outset of the offer, in addition to |
20 | | other disclosures required by law, a separate written |
21 | | statement titled "Automatic Contract Renewal" that clearly |
22 | | and conspicuously discloses in bold lettering in at least |
23 | | 12-point font the terms and conditions of the automatic |
24 | | contract renewal provision, including: (i) the estimated |
25 | | bill cycle on which the initial contract term expires and a |
26 | | statement that it could be later based on when the utility |
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1 | | accepts the initial enrollment; (ii) the estimated bill |
2 | | cycle on which the new contract term begins and a statement |
3 | | that it will immediately follow the last billing cycle of |
4 | | the current term; (iii) the procedure to terminate the |
5 | | contract before the new contract term applies; and (iv) the |
6 | | cancellation procedure. If the alternative retail electric |
7 | | supplier sells or offers to sell the products or services |
8 | | to a consumer during an in-person solicitation or |
9 | | telemarketing solicitation, the disclosures described in |
10 | | this subparagraph (A) shall also be made to the consumer |
11 | | verbally during the solicitation. Nothing in this |
12 | | subparagraph (A) shall be construed to apply to contracts |
13 | | entered into before January 1, 2020. |
14 | | (B) At least 30 days before, but not more than 60 |
15 | | days prior, to the end of the initial contract term, in |
16 | | any and all contracts that automatically renew after |
17 | | the initial term, the alternative retail electric |
18 | | supplier shall send, in addition to other disclosures |
19 | | required by law, a separate written notice of the |
20 | | contract renewal to the consumer that clearly and |
21 | | conspicuously discloses the following: |
22 | | (i) a statement printed or visible from the |
23 | | outside of the envelope or in the subject line of |
24 | | the email, if the customer has agreed to receive |
25 | | official documents by email, that states "Contract |
26 | | Renewal Notice"; |
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| | SB0651 Enrolled | - 88 - | LRB101 04244 JRG 49252 b |
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1 | | (ii) a statement in bold lettering, in at least |
2 | | 12-point font, that the contract will |
3 | | automatically renew unless the customer cancels |
4 | | it; |
5 | | (iii) the billing cycle in which service under |
6 | | the current term will expire; |
7 | | (iv) the billing cycle in which service under |
8 | | the new term will begin; |
9 | | (v) the process and options available to the |
10 | | consumer to reject the new contract terms; |
11 | | (vi) the cancellation process if the |
12 | | consumer's contract automatically renews before |
13 | | the consumer rejects the new contract terms; |
14 | | (vii) the terms and conditions of the new |
15 | | contract term; |
16 | | (viii) for a fixed rate contract, a |
17 | | side-by-side comparison of the current price and |
18 | | the new price; for a variable rate contract or |
19 | | time-of-use product in which the first month's |
20 | | renewal price can be determined, a side-by-side |
21 | | comparison of the current price and the price for |
22 | | the first month of the new variable or time-of-use |
23 | | price; or for a variable or time-of-use contract |
24 | | based on a publicly available index, a |
25 | | side-by-side comparison of the current formula and |
26 | | the new formula; and |
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1 | | (ix) the phone number and email address to |
2 | | submit a consumer inquiry or complaint to the |
3 | | Illinois Commerce Commission and the Office of the |
4 | | Attorney General. |
5 | | (C) An alternative retail electric supplier shall |
6 | | not automatically renew a consumer's enrollment after |
7 | | the current term of the contract expires when the |
8 | | current term of the contract provides that the consumer |
9 | | will be charged a fixed rate and the renewed contract |
10 | | provides that the consumer will be charged a variable |
11 | | rate, unless: (i) the alternative retail electric |
12 | | supplier complies with subparagraphs (A) and (B); and |
13 | | (ii) the customer expressly consents to the contract |
14 | | renewal in writing or by electronic signature at least |
15 | | 30 days, but no more than 60 days, before the contract |
16 | | expires. |
17 | | (D) This paragraph (7) does not apply to customers |
18 | | enrolled in a municipal aggregation program pursuant |
19 | | to Section 1-92 of the Illinois Power Agency Act. |
20 | | (8) All in-person and telephone solicitations shall be |
21 | | conducted in, translated into, and provided in a language |
22 | | in which the consumer subject to the marketing or |
23 | | solicitation is able to understand and communicate. An |
24 | | alternative retail electric supplier shall terminate a |
25 | | solicitation if the consumer subject to the marketing or |
26 | | communication is unable to understand and communicate in |
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| | SB0651 Enrolled | - 90 - | LRB101 04244 JRG 49252 b |
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1 | | the language in which the marketing or solicitation is |
2 | | being conducted. An alternative retail electric supplier |
3 | | shall comply with Section 2N of this Act. |
4 | | (9) Beginning January 1, 2020, consumers shall have the |
5 | | right to terminate their contract with the alternative |
6 | | retail electric supplier at any time without any |
7 | | termination fees or penalties. |
8 | | (10) An alternative retail electric supplier shall not |
9 | | submit a change to a customer's electric service provider |
10 | | in violation of Section 16-115E of the Public Utilities |
11 | | Act. |
12 | | (c) (d) Complaints may be filed with the Illinois Commerce |
13 | | Commission under this Section by a consumer subscriber whose |
14 | | electric service has been provided by an alternative retail |
15 | | electric supplier electric service supplier in a manner not in |
16 | | compliance with this Section or by the Illinois Commerce |
17 | | Commission on its own motion when it appears to the Commission |
18 | | that an alternative retail electric supplier has provided |
19 | | service in a manner not in compliance with this Section . If, |
20 | | after notice and hearing, the Commission finds that an |
21 | | alternative retail electric supplier electric service provider |
22 | | has violated this Section, the Commission may in its discretion |
23 | | do any one or more of the following: |
24 | | (1) Require the violating alternative retail electric |
25 | | supplier electric service provider to refund to the |
26 | | consumer subscriber charges collected in excess of those |
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1 | | that would have been charged by the consumer's subscriber's |
2 | | authorized electric service provider. |
3 | | (2) Require the violating alternative retail electric |
4 | | supplier electric service provider to pay to the consumer's |
5 | | subscriber's authorized electric service provider supplier |
6 | | the amount the authorized electric service provider |
7 | | electric supplier would have collected for the electric |
8 | | service. The Commission is authorized to reduce this |
9 | | payment by any amount already paid by the violating |
10 | | alternative retail electric supplier electric supplier to |
11 | | the consumer's subscriber's authorized provider for |
12 | | electric service. |
13 | | (3) Require the violating alternative retail electric |
14 | | supplier subscriber to pay a fine of up to $1,000 into the |
15 | | Public Utility Fund for each repeated and intentional |
16 | | violation of this Section. |
17 | | (4) Issue a cease and desist order. |
18 | | (5) For a pattern of violation of this Section or for |
19 | | intentionally violating a cease and desist order, revoke |
20 | | the violating alternative retail electric supplier's |
21 | | provider's certificate of service authority.
|
22 | | (d) (e) For purposes of this
Section : |
23 | | "Electric , "electric service provider"
shall have the |
24 | | meaning given that phrase in
Section 6.5 of the
Attorney |
25 | | General Act.
|
26 | | "Alternative retail electric supplier" has the meaning |
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1 | | given to that term in Section 16-102 of the Public Utilities |
2 | | Act. |
3 | | (Source: P.A. 95-700, eff. 11-9-07.)
|
4 | | (815 ILCS 505/2DDD)
|
5 | | Sec. 2DDD. Alternative gas suppliers. |
6 | | (a) Definitions. |
7 | | (1) "Alternative gas supplier" has the same meaning as |
8 | | in Section 19-105 of the Public Utilities Act. |
9 | | (2) "Gas utility" has the same meaning as in Section |
10 | | 19-105 of the Public Utilities Act. |
11 | | (b) It is an unfair or deceptive act or practice within the |
12 | | meaning of Section 2 of this Act for any person to violate any |
13 | | provision of this Section. |
14 | | (c) Solicitation. |
15 | | (1) An alternative gas supplier shall not utilize the |
16 | | name of a public utility in any manner that is deceptive or |
17 | | misleading, including, but not limited to, implying or |
18 | | otherwise leading a customer to believe that an alternative |
19 | | gas supplier is soliciting on behalf of or is an agent of a |
20 | | utility. An alternative gas supplier shall not utilize the |
21 | | name, or any other identifying insignia, graphics, or |
22 | | wording, that has been used at any time to represent a |
23 | | public utility company or its services or to identify, |
24 | | label, or define any of its natural gas supply offers and |
25 | | shall not misrepresent the affiliation of any alternative |
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1 | | supplier with the gas utility, governmental bodies, or |
2 | | consumer groups. |
3 | | (2) If any sales solicitation, agreement, contract, or |
4 | | verification is translated into another language and |
5 | | provided to a customer, all of the documents must be |
6 | | provided to the customer in that other language. |
7 | | (2.3) An alternative gas supplier shall state that it |
8 | | represents an independent seller of gas certified by the |
9 | | Illinois Commerce Commission and that he or she is not |
10 | | employed by, representing, endorsed by, or acting on behalf |
11 | | of a utility, or a utility program. |
12 | | (2.5) All in-person and telephone solicitations shall |
13 | | be conducted in, translated into, and provided in a |
14 | | language in which the consumer subject to the marketing or |
15 | | solicitation is able to understand and communicate. An |
16 | | alternative gas supplier shall terminate a solicitation if |
17 | | the consumer subject to the marketing or communication is |
18 | | unable to understand and communicate in the language in |
19 | | which the marketing or solicitation is being conducted. An |
20 | | alternative gas supplier shall comply with Section 2N of |
21 | | this Act. |
22 | | (3) An alternative gas supplier shall clearly and |
23 | | conspicuously disclose the following information to all |
24 | | customers: |
25 | | (A) the prices, terms, and conditions of the |
26 | | products and services being sold to the customer; |
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1 | | (B) where the solicitation occurs in person, |
2 | | including through door-to-door solicitation, the |
3 | | salesperson's name; |
4 | | (C) the alternative gas supplier's contact |
5 | | information, including the address, phone number, and |
6 | | website; |
7 | | (D) contact information for the Illinois Commerce |
8 | | Commission, including the toll-free number for |
9 | | consumer complaints and website; |
10 | | (E) a statement of the customer's right to rescind |
11 | | the offer within 10 business days of the date on the |
12 | | utility's notice confirming the customer's decision to |
13 | | switch suppliers, as well as phone numbers for the |
14 | | supplier and utility that the consumer may use to |
15 | | rescind the contract; and |
16 | | (F) the amount of the early termination fee, if |
17 | | any ; and . |
18 | | (G) the utility gas supply cost rates per therm |
19 | | price available from the Illinois Commerce Commission |
20 | | website applicable at the time the alternative gas |
21 | | supplier is offering or selling the products or |
22 | | services to the customer and shall disclose the |
23 | | following statement: |
24 | | "(Name of the alternative gas supplier) is not the |
25 | | same entity as your gas delivery company. You are not |
26 | | required to enroll with (name of alternative retail gas |
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1 | | supplier). Beginning on (effective date), the utility |
2 | | gas supply cost rate per therm is (cost). The utility |
3 | | gas supply cost will expire on (expiration date). For |
4 | | more information go to the Illinois Commerce |
5 | | Commission's free website at |
6 | | www.icc.illinois.gov/ags/consumereducation.aspx.". |
7 | | (4) Except as provided in paragraph (5) of this |
8 | | subsection (c), an alternative gas supplier shall send the |
9 | | information described in paragraph (3) of this subsection |
10 | | (c) to all customers within one business day of the |
11 | | authorization of a switch. |
12 | | (5) An alternative gas supplier engaging in |
13 | | door-to-door solicitation of consumers shall provide the |
14 | | information described in paragraph (3) of this subsection |
15 | | (c) during all door-to-door solicitations that result in a |
16 | | customer deciding to switch their supplier. |
17 | | (d) Customer Authorization. An alternative gas supplier |
18 | | shall not submit or execute a change in a customer's selection |
19 | | of a natural gas provider unless and until (i) the alternative |
20 | | gas supplier first discloses all material terms and conditions |
21 | | of the offer to the customer; (ii) the alternative gas supplier |
22 | | has obtained the customer's express agreement to accept the |
23 | | offer after the disclosure of all material terms and conditions |
24 | | of the offer; and (iii) the alternative gas supplier has |
25 | | confirmed the request for a change in accordance with one of |
26 | | the following procedures: |
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1 | | (1) The alternative gas supplier has obtained the |
2 | | customer's written or electronically signed authorization |
3 | | in a form that meets the following requirements: |
4 | | (A) An alternative gas supplier shall obtain any |
5 | | necessary written or electronically signed |
6 | | authorization from a customer for a change in natural |
7 | | gas service by using a letter of agency as specified in |
8 | | this Section. Any letter of agency that does not |
9 | | conform with this Section is invalid. |
10 | | (B) The letter of agency shall be a separate |
11 | | document (or an easily separable document containing |
12 | | only the authorization language described in item (E) |
13 | | of this paragraph (1)) whose sole purpose is to |
14 | | authorize a natural gas provider change. The letter of |
15 | | agency must be signed and dated by the customer |
16 | | requesting the natural gas provider change. |
17 | | (C) The letter of agency shall not be combined with |
18 | | inducements of any kind on the same document. |
19 | | (D) Notwithstanding items (A) and (B) of this |
20 | | paragraph (1), the letter of agency may be combined |
21 | | with checks that contain only the required letter of |
22 | | agency language prescribed in item (E) of this |
23 | | paragraph (1) and the necessary information to make the |
24 | | check a negotiable instrument. The letter of agency |
25 | | check shall not contain any promotional language or |
26 | | material. The letter of agency check shall contain in |
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1 | | easily readable, bold face type on the face of the |
2 | | check, a notice that the consumer is authorizing a |
3 | | natural gas provider change by signing the check. The |
4 | | letter of agency language also shall be placed near the |
5 | | signature line on the back of the check. |
6 | | (E) At a minimum, the letter of agency must be |
7 | | printed with a print of sufficient size to be clearly |
8 | | legible, and must contain clear and unambiguous |
9 | | language that confirms: |
10 | | (i) the customer's billing name and address; |
11 | | (ii) the decision to change the natural gas |
12 | | provider from the current provider to the |
13 | | prospective alternative gas supplier; |
14 | | (iii) the terms, conditions, and nature of the |
15 | | service to be provided to the customer, including, |
16 | | but not limited to, the rates for the service |
17 | | contracted for by the customer; and |
18 | | (iv) that the customer understands that any |
19 | | natural gas provider selection the customer |
20 | | chooses may involve a charge to the customer for |
21 | | changing the customer's natural gas provider. |
22 | | (F) Letters of agency shall not suggest or require |
23 | | that a customer take some action in order to retain the |
24 | | customer's current natural gas provider. |
25 | | (G) If any portion of a letter of agency is |
26 | | translated into another language, then all portions of |
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1 | | the letter of agency must be translated into that |
2 | | language. |
3 | | (2) An appropriately qualified independent third party |
4 | | has obtained, in accordance with the procedures set forth |
5 | | in this paragraph (2), the customer's oral authorization to |
6 | | change natural gas providers that confirms and includes |
7 | | appropriate verification data. The independent third party |
8 | | must (i) not be owned, managed, controlled, or directed by |
9 | | the alternative gas supplier or the alternative gas |
10 | | supplier's marketing agent; (ii) not have any financial |
11 | | incentive to confirm provider change requests for the |
12 | | alternative gas supplier or the alternative gas supplier's |
13 | | marketing agent; and (iii) operate in a location physically |
14 | | separate from the alternative gas supplier or the |
15 | | alternative gas supplier's marketing agent. Automated |
16 | | third-party verification systems and 3-way conference |
17 | | calls may be used for verification purposes so long as the |
18 | | other requirements of this paragraph (2) are satisfied. A |
19 | | alternative gas supplier or alternative gas supplier's |
20 | | sales representative initiating a 3-way conference call or |
21 | | a call through an automated verification system must drop |
22 | | off the call once the 3-way connection has been |
23 | | established. All third-party verification methods shall |
24 | | elicit, at a minimum, the following information: |
25 | | (A) the identity of the customer; |
26 | | (B) confirmation that the person on the call is |
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1 | | authorized to make the provider change; |
2 | | (C) confirmation that the person on the call wants |
3 | | to make the provider change; |
4 | | (D) the names of the providers affected by the |
5 | | change; |
6 | | (E) the service address of the service to be |
7 | | switched; and |
8 | | (F) the price of the service to be provided and the |
9 | | material terms and conditions of the service being |
10 | | offered, including whether any early termination fees |
11 | | apply. |
12 | | Third-party verifiers may not market the alternative |
13 | | gas supplier's services. All third-party verifications |
14 | | shall be conducted in the same language that was used in |
15 | | the underlying sales transaction and shall be recorded in |
16 | | their entirety. Submitting alternative gas suppliers shall |
17 | | maintain and preserve audio records of verification of |
18 | | customer authorization for a minimum period of 2 years |
19 | | after obtaining the verification. Automated systems must |
20 | | provide customers with an option to speak with a live |
21 | | person at any time during the call. Each disclosure made |
22 | | during the third-party verification must be made |
23 | | individually to obtain clear acknowledgment of each |
24 | | disclosure. The alternative gas supplier must be in a |
25 | | location where he or she cannot hear the customer while the |
26 | | third-party verification is conducted. The alternative gas |
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1 | | supplier shall not contact the customer after the |
2 | | third-party verification for a period of 24 hours unless |
3 | | the customer initiates the contact. |
4 | | (3) The alternative gas supplier has obtained the |
5 | | customer's electronic authorization to change natural gas |
6 | | service via telephone. Such authorization must elicit the |
7 | | information in paragraph (2)(A) through (F) of this |
8 | | subsection (d). Alternative gas suppliers electing to |
9 | | confirm sales electronically shall establish one or more |
10 | | toll-free telephone numbers exclusively for that purpose. |
11 | | Calls to the number or numbers shall connect a customer to |
12 | | a voice response unit, or similar mechanism, that makes a |
13 | | date-stamped, time-stamped recording of the required |
14 | | information regarding the alternative gas supplier change. |
15 | | The alternative gas supplier shall not use such |
16 | | electronic authorization systems to market its services. |
17 | | (4) When a consumer initiates the call to the |
18 | | prospective alternative gas supplier, in order to enroll |
19 | | the consumer as a customer, the prospective alternative gas |
20 | | supplier must, with the consent of the customer, make a |
21 | | date-stamped, time-stamped audio recording that elicits, |
22 | | at a minimum, the following information: |
23 | | (A) the identity of the customer; |
24 | | (B) confirmation that the person on the call is |
25 | | authorized to make the provider change; |
26 | | (C) confirmation that the person on the call wants |
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1 | | to make the provider change; |
2 | | (D) the names of the providers affected by the |
3 | | change; |
4 | | (E) the service address of the service to be |
5 | | switched; and |
6 | | (F) the price of the service to be supplied and the |
7 | | material terms and conditions of the service being |
8 | | offered, including whether any early termination fees |
9 | | apply. |
10 | | Submitting alternative gas suppliers shall maintain |
11 | | and preserve the audio records containing the information |
12 | | set forth above for a minimum period of 2 years. |
13 | | (5) In the event that a customer enrolls for service |
14 | | from an alternative gas supplier via an Internet website, |
15 | | the alternative gas supplier shall obtain an |
16 | | electronically signed letter of agency in accordance with |
17 | | paragraph (1) of this subsection (d) and any customer |
18 | | information shall be protected in accordance with all |
19 | | applicable statutes and rules. In addition, an alternative |
20 | | gas supplier shall provide the following when marketing via |
21 | | an Internet website: |
22 | | (A) The Internet enrollment website shall, at a |
23 | | minimum, include: |
24 | | (i) a copy of the alternative gas supplier's |
25 | | customer contract, which clearly and conspicuously |
26 | | discloses all terms and conditions; and |
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1 | | (ii) a conspicuous prompt for the customer to |
2 | | print or save a copy of the contract. |
3 | | (B) Any electronic version of the contract shall be |
4 | | identified by version number, in order to ensure the |
5 | | ability to verify the particular contract to which the |
6 | | customer assents. |
7 | | (C) Throughout the duration of the alternative gas |
8 | | supplier's contract with a customer, the alternative |
9 | | gas supplier shall retain and, within 3 business days |
10 | | of the customer's request, provide to the customer an |
11 | | e-mail, paper, or facsimile of the terms and conditions |
12 | | of the numbered contract version to which the customer |
13 | | assents. |
14 | | (D) The alternative gas supplier shall provide a |
15 | | mechanism by which both the submission and receipt of |
16 | | the electronic letter of agency are recorded by time |
17 | | and date. |
18 | | (E) After the customer completes the electronic |
19 | | letter of agency, the alternative gas supplier shall |
20 | | disclose conspicuously through its website that the |
21 | | customer has been enrolled and the alternative gas |
22 | | supplier shall provide the customer an enrollment |
23 | | confirmation number. |
24 | | (6) When a customer is solicited in person by the |
25 | | alternative gas supplier's sales agent, the alternative |
26 | | gas supplier may only obtain the customer's authorization |
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1 | | to change natural gas service through the method provided |
2 | | for in paragraph (2) of this subsection (d). |
3 | | Alternative gas suppliers must be in compliance with the |
4 | | provisions of this subsection (d) within 90 days after the |
5 | | effective date of this amendatory Act of the 95th General |
6 | | Assembly. |
7 | | (e) Early Termination. |
8 | | (1) Beginning January 1, 2020, consumers shall have the |
9 | | right to terminate their contract with an alternative gas |
10 | | supplier at any time without any termination fees or |
11 | | penalties. Any agreement that contains an early |
12 | | termination clause shall disclose the amount of the early |
13 | | termination fee, provided that any early termination fee or |
14 | | penalty shall not exceed $50 total, regardless of whether |
15 | | or not the agreement is a multiyear agreement. |
16 | | (2) In any agreement that contains an early termination |
17 | | clause, an alternative gas supplier shall provide the |
18 | | customer the opportunity to terminate the agreement |
19 | | without any termination fee or penalty within 10 business |
20 | | days after the date of the first bill issued to the |
21 | | customer for products or services provided by the |
22 | | alternative gas supplier. The agreement shall disclose the |
23 | | opportunity and provide a toll-free phone number that the |
24 | | customer may call in order to terminate the agreement. |
25 | | (f) The alternative gas supplier shall provide each |
26 | | customer the opportunity to rescind its agreement without |
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1 | | penalty within 10 business days after the date on the gas |
2 | | utility notice to the customer. The alternative gas supplier |
3 | | shall disclose to the customer all of the following: |
4 | | (1) that the gas utility shall send a notice confirming |
5 | | the switch; |
6 | | (2) that from the date the utility issues the notice |
7 | | confirming the switch, the customer shall have 10 business |
8 | | days before the switch will become effective; |
9 | | (3) that the customer may contact the gas utility or |
10 | | the alternative gas supplier to rescind the switch within |
11 | | 10 business days; and |
12 | | (4) the contact information for the gas utility and the |
13 | | alternative gas supplier. |
14 | | The alternative gas supplier disclosure shall be included |
15 | | in its sales solicitations, contracts, and all applicable sales |
16 | | verification scripts. |
17 | | (f-5)(1) Beginning January 1, 2020, an alternative gas |
18 | | supplier shall not sell or offer to sell any products or |
19 | | services to a consumer pursuant to a contract in which the |
20 | | contract automatically renews, unless an alternative gas |
21 | | supplier provides to the consumer at the outset of the |
22 | | offer, in addition to other disclosures required by law, a |
23 | | separate written statement titled "Automatic Contract |
24 | | Renewal" that clearly and conspicuously discloses in bold |
25 | | lettering in at least 12-point font the terms and |
26 | | conditions of the automatic contract renewal provision, |
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1 | | including: (i) the estimated bill cycle on which the |
2 | | initial contract term expires and a statement that it could |
3 | | be later based on when the utility accepts the initial |
4 | | enrollment; (ii) the estimated bill cycle on which the new |
5 | | contract term begins and a statement that it will |
6 | | immediately follow the last billing cycle of the current |
7 | | term; (iii) the procedure to terminate the contract before |
8 | | the new contract term applies; and (iv) the cancellation |
9 | | procedure. If the alternative gas supplier sells or offers |
10 | | to sell the products or services to a consumer during an |
11 | | in-person solicitation or telemarketing solicitation, the |
12 | | disclosures described in this paragraph (1) shall also be |
13 | | made to the consumer verbally during the solicitation. |
14 | | Nothing in this paragraph (1) shall be construed to apply |
15 | | to contracts entered into before January 1, 2020. |
16 | | (2) At least 30 days before, but not more than 60 days |
17 | | prior, to the end of the initial contract term, in any and |
18 | | all contracts that automatically renew after the initial |
19 | | term, the alternative gas supplier shall send, in addition |
20 | | to other disclosures required by law, a separate written |
21 | | notice of the contract renewal to the consumer that clearly |
22 | | and conspicuously discloses the following: |
23 | | (A) a statement printed or visible from the outside |
24 | | of the envelope or in the subject line of the email, if |
25 | | the customer has agreed to receive official documents |
26 | | by email, that states "Contract Renewal Notice"; |
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1 | | (B) a statement in bold lettering, in at least |
2 | | 12-point font, that the contract will automatically |
3 | | renew unless the customer cancels it; |
4 | | (C) the billing cycle in which service under the |
5 | | current term will expire; |
6 | | (D) the billing cycle in which service under the |
7 | | new term will begin; |
8 | | (E) the process and options available to the |
9 | | consumer to reject the new contract terms; |
10 | | (F) the cancellation process if the consumer's |
11 | | contract automatically renews before the consumer |
12 | | rejects the new contract terms; |
13 | | (G) the terms and conditions of the new contract |
14 | | term; |
15 | | (H) for a fixed rate or flat bill contract, a |
16 | | side-by-side comparison of the current fixed rate or |
17 | | flat bill to the new fixed rate or flat bill; for a |
18 | | variable rate contract or time-of-use product in which |
19 | | the first month's renewal price can be determined, a |
20 | | side-by-side comparison of the current price and the |
21 | | price for the first month of the new variable or |
22 | | time-of-use price; or for a variable or time-of-use |
23 | | contract based on a publicly available index, a |
24 | | side-by-side comparison of the current formula and the |
25 | | new formula; and |
26 | | (I) the phone number and email address to submit a |
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1 | | consumer inquiry or complaint to the Illinois Commerce |
2 | | Commission and the Office of the Attorney General. |
3 | | (3) An alternative gas supplier shall not |
4 | | automatically renew a consumer's enrollment after the |
5 | | current term of the contract expires when the current term |
6 | | of the contract provides that the consumer will be charged |
7 | | a fixed rate and the renewed contract provides that the |
8 | | consumer will be charged a variable rate, unless: (i) the |
9 | | alternative gas supplier complies with paragraphs (1) and |
10 | | (2); and (ii) the customer expressly consents to the |
11 | | contract renewal in writing or by electronic signature at |
12 | | least 30 days, but no more than 60 days, before the |
13 | | contract expires. |
14 | | (4) An alternative gas supplier shall not submit a |
15 | | change to a customer's gas service provider in violation of |
16 | | Section 19-116 of the Public Utilities Act. |
17 | | (g) The provisions of this Section shall apply only to |
18 | | alternative gas suppliers serving or seeking to serve |
19 | | residential and small commercial customers and only to the |
20 | | extent such alternative gas suppliers provide services to |
21 | | residential and small commercial customers.
|
22 | | (Source: P.A. 97-333, eff. 8-12-11.)
|