Rep. Patrick Verschoore
Filed: 3/23/2004
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1 | AMENDMENT TO HOUSE BILL 5216
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2 | AMENDMENT NO. ______. Amend House Bill 5216 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Section 7-210 as follows: | ||||||
6 | (220 ILCS 5/7-210 new) | ||||||
7 | Sec. 7-210. Commission oversight of nonpublic, unregulated | ||||||
8 | sales at retail of natural gas by public utilities.
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9 | (a) This Section applies to any gas utility that served | ||||||
10 | more than 60,000 gas customers but less than 75,000 gas | ||||||
11 | customers in this State on January 1, 2000 and that provides | ||||||
12 | competitive electric power and energy to electric delivery | ||||||
13 | customers through a business division of its electric utility | ||||||
14 | pursuant to Section 16-116. For the purposes of this Section, | ||||||
15 | terms shall have the same meaning as defined in Section 7-108, | ||||||
16 | Article XVI, and Article XIX.
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17 | (b) After the effective date of this amendatory Act of the | ||||||
18 | 93rd General Assembly, unregulated sales
of natural gas by a | ||||||
19 | gas utility within or outside its service area
shall be subject | ||||||
20 | to the provisions of this Section. This Section
shall not be | ||||||
21 | interpreted to invalidate any contract for unregulated
sales of | ||||||
22 | natural gas executed by a gas utility prior to the
effective | ||||||
23 | date of this amendatory Act of the 93rd General Assembly, but | ||||||
24 | unregulated sales of natural
gas pursuant to such contract |
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1 | after the effective date of this
amendatory Act of the 93rd | ||||||
2 | General Assembly shall be subject to the provisions of this | ||||||
3 | Section. | ||||||
4 | (c) A gas utility offering unregulated sales of natural gas | ||||||
5 | to an
end-use customer within or outside its service area shall | ||||||
6 | be
subject to Sections 7-102(g), 7-205, 7-206, and 9-230 with | ||||||
7 | respect to such sales. | ||||||
8 | (d) Notwithstanding any language of Article XIX to the | ||||||
9 | contrary,
a gas utility offering unregulated sales of natural | ||||||
10 | gas to a
residential customer or a small commercial customer | ||||||
11 | within or
outside its service area shall be subject to Sections | ||||||
12 | 19-110(e)(2),
19-110(e)(3), 19-110(e)(5), 19-115, and 19-120. | ||||||
13 | (e) A gas utility offering unregulated sales of natural gas | ||||||
14 | to an
end-use customer within or outside its service area shall | ||||||
15 | not
subsidize such sales through the utility's regulated | ||||||
16 | business. Costs and revenues from the gas utility's unregulated | ||||||
17 | sales of gas to an end-use customer within or outside its | ||||||
18 | service area shall not be included in the calculation of the | ||||||
19 | utility's regulated gas rates and charges. | ||||||
20 | (f) A gas utility offering unregulated sales of natural gas | ||||||
21 | to an
end-use customer within or outside its service area shall | ||||||
22 | not
discriminate in the provision of regulated gas service | ||||||
23 | based upon
the existence or terms of an unregulated sale of | ||||||
24 | natural gas. | ||||||
25 | (g) The Commission shall require a gas utility to
file | ||||||
26 | reports regarding its unregulated sales of natural gas in the
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27 | State. The reports shall be treated as confidential documents. | ||||||
28 | To the extent the Commission determines it to be necessary and | ||||||
29 | in the public interest, the Commission may order an audit of a | ||||||
30 | gas utility regarding its unregulated sales of natural gas in | ||||||
31 | the State. | ||||||
32 | (h) The Commission shall have the authority to require the | ||||||
33 | gas utility to file its
contracts for unregulated sales of | ||||||
34 | natural gas in the State. The contracts
shall be treated as |
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1 | confidential documents. | ||||||
2 | (i) Within 120 days after the effective date of this | ||||||
3 | amendatory Act of the 93rd General Assembly, the Commission | ||||||
4 | shall adopt provisions requiring functional separation between | ||||||
5 | a gas utility's unregulated retail sales of natural gas in the | ||||||
6 | State and its regulated retail gas services in the State. In | ||||||
7 | establishing or considering the functional separations | ||||||
8 | provisions, the Commission shall take into account the effects | ||||||
9 | on the cost and reliability of service and the obligation of | ||||||
10 | the gas utility under the Act. The Commission shall adopt | ||||||
11 | separations provisions that are a cost effective means to | ||||||
12 | ensure compliance with this Section. The provisions adopted by | ||||||
13 | the Commission shall permit a gas utility to offer unregulated | ||||||
14 | retail sales of natural gas in the State through the same | ||||||
15 | business division of the utility that offers competitive | ||||||
16 | electric power and energy to electric delivery service | ||||||
17 | customers. Until provisions are adopted by the Commission, the | ||||||
18 | gas utility shall comply with the functional separations rules | ||||||
19 | for electric utilities adopted pursuant to Section 16-119A, to | ||||||
20 | the extent determined applicable by the Commission through | ||||||
21 | emergency rules established within 60 days after the effective | ||||||
22 | date of this amendatory Act of the 93rd General Assembly.
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23 | (j) A gas utility shall not release or assign gas storage | ||||||
24 | capacity procured for its regulated Illinois retail customers | ||||||
25 | to its business division offering unregulated retail sales of | ||||||
26 | natural gas or allow such storage capacity to be managed by | ||||||
27 | that business division.
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28 | (k) Except as approved by the Commission, a gas utility | ||||||
29 | shall not use gas commodity or interstate pipeline services for | ||||||
30 | unregulated retail sales of natural gas in the State if such | ||||||
31 | commodity or service was procured for its regulated Illinois | ||||||
32 | retail customers.
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33 | (l) In addition to any other remedy provided in this Act, | ||||||
34 | the Commission may order a gas utility to cease offering |
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1 | unregulated retail sales of natural gas in the State if it | ||||||
2 | finds, after notice and hearing, that the gas utility willfully | ||||||
3 | violated this Section.
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4 | (m) This Section shall not be applicable to unregulated | ||||||
5 | sales of
natural gas by an affiliate of a gas utility. Nothing
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6 | in this Section shall be construed as impacting the | ||||||
7 | applicability of other
Sections of this Act to the unregulated | ||||||
8 | sales of natural gas by an affiliate. ".
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