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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 5. The Public Utilities Act is amended by adding | ||||||
5 | Section 8-408 as follows: | ||||||
6 | (220 ILCS 5/8-408 new) | ||||||
7 | Sec. 8-408. Energy efficiency plans for small | ||||||
8 | multi-jurisdictional utilities. | ||||||
9 | (a) Any electric or gas public utility with fewer than | ||||||
10 | 200,000 customers in Illinois on January 1, 2007 that offers | ||||||
11 | energy efficiency programs to its customers in a state adjacent | ||||||
12 | to Illinois may seek the approval of the Commission to offer | ||||||
13 | the same or comparable energy efficiency programs to its | ||||||
14 | customers in Illinois. For each program to be offered, the | ||||||
15 | utility shall submit to the Commission:
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16 | (1) a description of the program;
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17 | (2) a proposed implementation schedule and method;
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18 | (3) the number of eligible participants;
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19 | (4) the expected rate of participation per year;
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20 | (5) the estimated annual peak demand and energy | ||||||
21 | savings; | ||||||
22 | (6) the budget or level of spending; and | ||||||
23 | (7) the rate impacts and average bill impacts, by |
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1 | customer class, resulting from the program.
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2 | The Commission shall approve each program demonstrated to | ||||||
3 | be cost-effective. Programs for low-income customers shall be | ||||||
4 | approved by the Commission even if they have not been | ||||||
5 | demonstrated to be cost-effective if they are demonstrated to | ||||||
6 | be reasonable. An order of the State agency that regulates the | ||||||
7 | rates of the utility in the adjacent state that finds a program | ||||||
8 | to be cost-effective or reasonable shall be sufficient to | ||||||
9 | demonstrate that the program is cost-effective or reasonable | ||||||
10 | for the utility's customers in Illinois. Approved programs may | ||||||
11 | be delivered by the utility or by a contractor or agent of the | ||||||
12 | utility.
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13 | (b) Notwithstanding the provisions of Section 9-201, a | ||||||
14 | public utility providing approved energy efficiency programs | ||||||
15 | in the State shall be permitted to recover the reasonable costs | ||||||
16 | of those programs through an automatic adjustment clause tariff | ||||||
17 | filed with and approved by the Commission. Each year the | ||||||
18 | Commission shall initiate a review to reconcile any amounts | ||||||
19 | collected with the actual costs and to determine the adjustment | ||||||
20 | to the annual tariff factor to match annual expenditures. The | ||||||
21 | determination shall be made within 90 days after the date of | ||||||
22 | initiation of the review.
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23 | (c) The utility may request a waiver of one or more | ||||||
24 | components of an approved energy efficiency program at any time | ||||||
25 | in order to improve the program's effectiveness. The Commission | ||||||
26 | may grant the waiver if good cause is shown by the utility. |
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1 | Notwithstanding the cessation of the programs, a utility shall
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2 | file a final reconciliation of the amounts collected as | ||||||
3 | compared to the actual costs and shall continue the resulting | ||||||
4 | factor until any over-recovery or under-recovery approaches | ||||||
5 | zero. | ||||||
6 | (d) A public utility that offers approved energy efficiency | ||||||
7 | programs in the State may do so
through at least December 31, | ||||||
8 | 2012. The Commission shall
monitor the performance of the | ||||||
9 | energy efficiency programs and, on or before October 31,
2012, | ||||||
10 | the Commission shall make a determination regarding whether
the | ||||||
11 | programs should be continued beyond calendar year 2012. The | ||||||
12 | Commission shall also file a written report with the General | ||||||
13 | Assembly explaining the basis for that determination and | ||||||
14 | detailing the results of the energy efficiency programs,
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15 | including energy savings, participation numbers, and costs.
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16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 1, 2008.
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