Sen. Gary Forby
Filed: 5/1/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 351
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 351 on page 1, by | ||||||
3 | replacing lines 4 and 5 with the following: | ||||||
4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Sections 16-103 and 16-118 and by adding Section 17-800 as | ||||||
6 | follows:
| ||||||
7 | (220 ILCS 5/16-103)
| ||||||
8 | Sec. 16-103. Service obligations of electric utilities.
| ||||||
9 | (a) An electric utility shall continue offering to
retail | ||||||
10 | customers each tariffed service that it offered as a
distinct | ||||||
11 | and identifiable service on the effective date of
this | ||||||
12 | amendatory Act of 1997 until the service is (i) declared
| ||||||
13 | competitive pursuant to Section 16-113, or (ii) abandoned
| ||||||
14 | pursuant to Section 8-508. Nothing in this subsection shall be
| ||||||
15 | construed as limiting an electric utility's right to propose,
| ||||||
16 | or the Commission's power to approve, allow or order
|
| |||||||
| |||||||
1 | modifications in the rates, terms and conditions for such
| ||||||
2 | services pursuant to Article IX or Section 16-111 of this Act.
| ||||||
3 | (b) An electric utility shall also offer, as tariffed
| ||||||
4 | services, delivery services in accordance with this Article,
| ||||||
5 | the power purchase options described in Section 16-110 and
| ||||||
6 | real-time pricing as provided in Section 16-107.
| ||||||
7 | (c) Notwithstanding any other provision of this Article,
| ||||||
8 | each electric utility shall continue offering to all
| ||||||
9 | residential customers and to all small commercial retail
| ||||||
10 | customers in its service area, as a tariffed service, bundled | ||||||
11 | electric power
and
energy delivered to the customer's premises | ||||||
12 | consistent with
the bundled utility service provided by the | ||||||
13 | electric utility
on the effective date of this amendatory Act | ||||||
14 | of 1997. Upon
declaration of the provision of electric power | ||||||
15 | and energy as
competitive, the electric utility shall continue | ||||||
16 | to offer to
such customers, as a tariffed service, bundled | ||||||
17 | service options
at rates which reflect recovery of all cost | ||||||
18 | components for
providing the service. For those components of | ||||||
19 | the service
which have been declared competitive, cost shall be | ||||||
20 | the market
based prices. Market based prices as referred to | ||||||
21 | herein shall
mean, for electric power and energy, either (i) | ||||||
22 | those prices
for electric power and energy determined as | ||||||
23 | provided in
Section 16-112, or (ii) the electric utility's cost | ||||||
24 | of
obtaining the electric power and energy at wholesale through | ||||||
25 | a
competitive bidding or other arms-length acquisition | ||||||
26 | process.
|
| |||||||
| |||||||
1 | (d) Any residential or small commercial retail customer
| ||||||
2 | which elects delivery services is entitled to return to the
| ||||||
3 | electric utility's bundled utility tariffed service offering
| ||||||
4 | provided in accordance with subsection (c) of this Section
upon | ||||||
5 | payment of a reasonable administrative fee which shall be
set | ||||||
6 | forth in the tariff, provided, however, that the electric
| ||||||
7 | utility shall be entitled to impose the condition that such
| ||||||
8 | customer may not elect delivery services for up to 24 months
| ||||||
9 | thereafter.
| ||||||
10 | (e) The Commission shall not require an electric utility
to | ||||||
11 | offer any tariffed service other than the services required
by | ||||||
12 | this Section, and shall not require an electric utility to
| ||||||
13 | offer any competitive service. | ||||||
14 | (f) An electric utility with more than 100,000 customers | ||||||
15 | shall maintain a full, complete, accurate, and current | ||||||
16 | electronic database containing the retail account information | ||||||
17 | for all retail customers in its service territory with a | ||||||
18 | non-coincident peak demand of less than 400 kilowatts. The | ||||||
19 | retail account information shall include, but not be limited | ||||||
20 | to, the retail customer's name, account number, meter number, | ||||||
21 | service address, an indication whether the retail customer is | ||||||
22 | receiving bundled electric power and energy from the electric | ||||||
23 | utility, billing and usage data dating back no less than 24 | ||||||
24 | months, and shall be capable of generating cumulative | ||||||
25 | information concerning the usage, load shape curve, or other | ||||||
26 | general characteristics of customers by rate classification. |
| |||||||
| |||||||
1 | Notwithstanding any other provisions of this Article, upon the | ||||||
2 | request of the corporate authorities of a municipality or | ||||||
3 | county board, or a person who presents verifiable authorization | ||||||
4 | and is acting as their agent, and payment of a reasonable fee, | ||||||
5 | the electric utility shall provide real time access to such | ||||||
6 | retail account information database and shall otherwise make | ||||||
7 | such customer information available in an electronic format. | ||||||
8 | The charges associated with the provision of service pursuant | ||||||
9 | to this Section shall be subject to periodic Commission review. | ||||||
10 | Any municipality or county board that receives such retail | ||||||
11 | account information shall have the right to provide such retail | ||||||
12 | account information or any portion thereof to any alternative | ||||||
13 | retail electric supplier that any municipality or county board | ||||||
14 | has selected to assist it in aggregating the retail electric | ||||||
15 | loads of its residents pursuant to subsection (a) of this | ||||||
16 | Section.
| ||||||
17 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||
18 | (220 ILCS 5/16-118)
| ||||||
19 | Sec. 16-118. Services provided by electric utilities to
| ||||||
20 | alternative retail electric suppliers.
| ||||||
21 | (a) It is in the best interest of Illinois energy
consumers | ||||||
22 | to promote fair and open competition in the
provision of | ||||||
23 | electric power and energy and to prevent
anticompetitive | ||||||
24 | practices in the provision of electric power
and energy.
| ||||||
25 | Therefore, to the extent an electric utility provides electric |
| |||||||
| |||||||
1 | power and energy
or delivery services to alternative retail | ||||||
2 | electric suppliers and such services
are not subject to the | ||||||
3 | jurisdiction of the Federal Energy
Regulatory Commission, and | ||||||
4 | are not competitive services, they
shall be provided through | ||||||
5 | tariffs that are filed with the
Commission, pursuant to Article | ||||||
6 | IX of this Act.
Each electric utility shall permit alternative
| ||||||
7 | retail electric suppliers to interconnect facilities to those
| ||||||
8 | owned by the utility provided they meet established standards
| ||||||
9 | for such interconnection, and may provide standby or other
| ||||||
10 | services to alternative retail electric suppliers. The
| ||||||
11 | alternative retail electric supplier shall sign a contract
| ||||||
12 | setting forth the prices, terms and conditions for
| ||||||
13 | interconnection with the electric utility and the prices,
terms | ||||||
14 | and conditions for services provided by the electric
utility to | ||||||
15 | the alternative retail electric supplier in
connection with the | ||||||
16 | delivery by the electric utility of
electric power and energy | ||||||
17 | supplied by the alternative retail
electric supplier.
| ||||||
18 | (b) An electric utility shall file a tariff pursuant to | ||||||
19 | Article IX of the
Act that would allow alternative retail | ||||||
20 | electric suppliers or electric
utilities other than the | ||||||
21 | electric utility in whose service area retail
customers are
| ||||||
22 | located to issue single bills to the retail customers for both | ||||||
23 | the services
provided by such alternative retail electric | ||||||
24 | supplier or other electric utility
and the delivery services | ||||||
25 | provided by the electric utility to such customers.
The tariff | ||||||
26 | filed pursuant to this subsection shall (i) require partial |
| |||||||
| |||||||
1 | payments
made by retail customers to be credited first to the | ||||||
2 | electric utility's
tariffed services, (ii) impose commercially | ||||||
3 | reasonable terms with respect to
credit and collection, | ||||||
4 | including requests for deposits, (iii) retain the
electric | ||||||
5 | utility's right to disconnect the retail customers, if it does | ||||||
6 | not
receive payment for its tariffed services, in the same | ||||||
7 | manner that it would be
permitted to if it had billed for the | ||||||
8 | services itself, and (iv) require the
alternative retail | ||||||
9 | electric supplier or other electric utility that elects the
| ||||||
10 | billing option provided by this tariff to include on each bill | ||||||
11 | to retail
customers an identification of the electric utility | ||||||
12 | providing the delivery
services and a listing of the charges | ||||||
13 | applicable to such services. The tariff
filed pursuant to this | ||||||
14 | subsection may also include other just and reasonable
terms and | ||||||
15 | conditions. In addition,
an electric utility, an alternative | ||||||
16 | retail electric
supplier or electric utility other than the | ||||||
17 | electric utility
in whose service area the customer is located, | ||||||
18 | and a customer
served by such alternative retail electric | ||||||
19 | supplier or other
electric utility, may enter into an agreement | ||||||
20 | pursuant to
which the alternative retail electric supplier or | ||||||
21 | other
electric utility pays the charges specified in Section | ||||||
22 | 16-108,
or other customer-related charges, including taxes and | ||||||
23 | fees,
in lieu of such charges being recovered by the electric
| ||||||
24 | utility directly from the customer. | ||||||
25 | (c) An electric utility with more than 100,000 customers | ||||||
26 | shall file a tariff pursuant to Article IX of this Act that |
| |||||||
| |||||||
1 | provides alternative retail electric suppliers, and electric | ||||||
2 | utilities other than the electric utility in whose service area | ||||||
3 | the retail customers are located, and that are providing | ||||||
4 | service to residents of municipalities or counties that have | ||||||
5 | aggregated, the retail electric loads of those residents | ||||||
6 | pursuant to subsection (a) of this Section with the option to | ||||||
7 | have the electric utility purchase their receivables for power | ||||||
8 | and energy service provided to retail customers with a | ||||||
9 | non-coincident peak demand of less than 400 kilowatts. | ||||||
10 | Receivables for power and energy of alternative retail electric | ||||||
11 | suppliers or electric utilities other than the electric utility | ||||||
12 | in whose 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 | ||||||
17 | administrative costs associated with the electric utility's | ||||||
18 | purchase of receivables. The discounted rate for purchase of | ||||||
19 | receivables shall be included in the tariff filed pursuant to | ||||||
20 | this subsection (c). The discount rate filed pursuant to this | ||||||
21 | subsection shall be subject to periodic reconciliations and | ||||||
22 | Commission review. The electric utility shall impose the same | ||||||
23 | terms on retail customers with respect to credit and | ||||||
24 | collection, including requests for deposits, and retain the | ||||||
25 | electric utility's right to disconnect the retail customers, if | ||||||
26 | it does not receive payment for its tariffed services or |
| |||||||
| |||||||
1 | purchased receivables, in the same manner that it would be | ||||||
2 | permitted to if the retail customers purchased power and energy | ||||||
3 | from the electric utility. The tariff filed pursuant to this | ||||||
4 | subsection (c) may also include other just and reasonable terms | ||||||
5 | and conditions. | ||||||
6 | (d) An electric utility with more than 100,000 customers | ||||||
7 | shall file a tariff pursuant to Article IX of this Act that | ||||||
8 | would provide alternative retail electric suppliers or | ||||||
9 | electric utilities other than the electric utility in whose | ||||||
10 | service area retail customers are located and that are | ||||||
11 | providing service to residents of municipalities or counties | ||||||
12 | that have aggregated the retail electric loads of the residents | ||||||
13 | pursuant to subsection (a) of this Section with the option to | ||||||
14 | have the electric utility produce and provide single bills to | ||||||
15 | the retail customers for both the services provided by the | ||||||
16 | alternative retail electric supplier or other electric utility | ||||||
17 | and the delivery services provided by the electric utility to | ||||||
18 | the customers. The tariffs filed pursuant to this subsection | ||||||
19 | shall require the electric utility to collect and remit | ||||||
20 | customer payments for services provided by alternative retail | ||||||
21 | electric suppliers or electric utilities other than the | ||||||
22 | electric utility in whose service area retail customers are | ||||||
23 | located. The tariff filed pursuant to this subsection shall | ||||||
24 | require the electric utility to include on each bill to retail | ||||||
25 | customers an identification of the alternative retail electric | ||||||
26 | supplier or other electric utility that elects the billing |
| |||||||
| |||||||
1 | option. The tariff filed pursuant to this subsection (d) may | ||||||
2 | also include other just and reasonable terms and conditions and | ||||||
3 | provide for the recovery of prudently incurred costs associated | ||||||
4 | with the provision of service pursuant to this subsection (d). | ||||||
5 | The costs associated with the provision of service pursuant to | ||||||
6 | this section shall be subject to periodic Commission review.
| ||||||
7 | (Source: P.A. 90-561, eff. 12-16-97.)"; and
| ||||||
8 | on page 1, line 21, immediately following " aggregated ", by | ||||||
9 | inserting the following: | ||||||
10 | " , or, in municipalities with a population over 500,000, | ||||||
11 | whether each person owning, occupying, controlling, or using an | ||||||
12 | electric load center will be automatically enrolled in the | ||||||
13 | aggregation unless that person exercises an option not to | ||||||
14 | participate "; and | ||||||
15 | on page 3, line 21, by replacing " 120 " with " 45 "; and | ||||||
16 | on page 4, by replacing lines 1 through 17 with the following: | ||||||
17 | " services pursuant to the methods established in the plan. "; | ||||||
18 | and | ||||||
19 | on page 4, line 20, by replacing " opt in " with " opt in or, in | ||||||
20 | municipalities with a population over 500,000, opt out, as the | ||||||
21 | case may be, ".
|