Public Utilities Committee
Filed: 4/8/2008
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1 | AMENDMENT TO HOUSE BILL 5467
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2 | AMENDMENT NO. ______. Amend House Bill 5467 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 changing | ||||||
5 | Sections 19-110, 19-115, 19-120, and 19-125 as follows:
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6 | (220 ILCS 5/19-110)
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7 | Sec. 19-110. Certification of alternative gas suppliers.
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8 | (a) The provisions of this Section shall apply only to | ||||||
9 | alternative gas
suppliers
serving or seeking to serve | ||||||
10 | residential or small commercial customers and
only to the | ||||||
11 | extent such
alternative gas suppliers provide services to | ||||||
12 | residential or small
commercial customers.
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13 | (b) An alternative gas supplier must obtain a certificate | ||||||
14 | of service
authority from the Commission in accordance with | ||||||
15 | this Section before serving
any customer or other user located | ||||||
16 | in this State. An alternative gas supplier
may request, and the |
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1 | Commission may grant, a certificate of service authority
for | ||||||
2 | the entire State or for a specified geographic area of the | ||||||
3 | State. A
person, corporation, or other entity acting as an | ||||||
4 | alternative gas supplier on
the effective date of this | ||||||
5 | amendatory Act of the 92nd General Assembly shall
have 180 days | ||||||
6 | from the effective date of this amendatory Act of the 92nd
| ||||||
7 | General Assembly to comply with the requirements of this | ||||||
8 | Section in order to
continue to operate as an alternative gas | ||||||
9 | supplier.
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10 | (c) The Commission shall not grant any application for a | ||||||
11 | certificate of service authority, nor shall the Commission | ||||||
12 | approve any application, petition or other request, | ||||||
13 | authorizing the sale of natural gas to residential or small | ||||||
14 | commercial customers by an entity other than a gas utility. | ||||||
15 | Notwithstanding any provision of law to the contrary, no tariff | ||||||
16 | filed on or after February 1, 2008, shall provide for the sale | ||||||
17 | of natural gas to residential or small commercial customers by | ||||||
18 | a person or company other than a gas utility as defined in | ||||||
19 | Section 19-105 of this Article and in accordance with the | ||||||
20 | provisions of this Act governing that utility service. | ||||||
21 | An alternative gas supplier shall not solicit, enter into, | ||||||
22 | or extend any contracts with residential or small commercial | ||||||
23 | customers on or after the effective date of this amendatory Act | ||||||
24 | of the 95th General Assembly. Following the expiration of all | ||||||
25 | contracts that are in effect prior to the effective date of | ||||||
26 | this amendatory Act of the 95th General Assembly between an |
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1 | alternative gas supplier and its residential or small | ||||||
2 | commercial customers, any certificate of service authority for | ||||||
3 | the alternative retail gas supplier shall thereafter become | ||||||
4 | null and void and those residential and small commercial | ||||||
5 | customers previously served under those contracts shall | ||||||
6 | thereafter purchase natural gas from their gas utility. Upon | ||||||
7 | the expiration of all contracts authorized under an existing | ||||||
8 | tariff permitting the sale of natural gas to residential or | ||||||
9 | small business customers by a person or company other than a | ||||||
10 | gas utility, the tariff shall be permanently cancelled. An | ||||||
11 | alternative gas supplier seeking a certificate of service | ||||||
12 | authority
shall
file with the Commission a verified application | ||||||
13 | containing information showing
that the
applicant meets the | ||||||
14 | requirements of this Section. The alternative gas supplier
| ||||||
15 | shall
publish notice of its application in the official State | ||||||
16 | newspaper within 10
days following
the date of its filing. No | ||||||
17 | later than 45 days after the application is
properly filed with | ||||||
18 | the
Commission, and such notice is published, the Commission | ||||||
19 | shall issue its order
granting or denying the application.
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20 | (d) (Blank). An application for a certificate of service | ||||||
21 | authority shall identify the
area or
areas in which the | ||||||
22 | applicant intends to offer service and the types of services
it | ||||||
23 | intends
to offer. Applicants that seek to serve residential or | ||||||
24 | small commercial
customers within a
geographic area that is | ||||||
25 | smaller than a gas utility's service area shall submit
evidence | ||||||
26 | demonstrating that the designation of this smaller area does |
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1 | not
violate Section 19-115. An
applicant may
state in its | ||||||
2 | application for certification any limitations that will be | ||||||
3 | imposed
on the number
of customers or maximum load to be | ||||||
4 | served.
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5 | (e) The Commission shall grant the application for a | ||||||
6 | certificate of service
authority that was filed before February | ||||||
7 | 1, 2008, if it makes the findings set forth in this subsection | ||||||
8 | based on the
verified
application and such other information as | ||||||
9 | the applicant may submit.
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10 | (1) That the applicant possess sufficient technical, | ||||||
11 | financial, and
managerial resources and abilities to | ||||||
12 | provide the service for which it
seeks a certificate of | ||||||
13 | service authority. In determining the level of
technical, | ||||||
14 | financial, and managerial resources and abilities which | ||||||
15 | the
applicant must demonstrate, the Commission shall | ||||||
16 | consider
the characteristics, including the size and | ||||||
17 | financial sophistication of the
customers that the | ||||||
18 | applicant seeks to serve, and shall consider whether the
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19 | applicant seeks to provide gas using property, plant, and | ||||||
20 | equipment that it
owns, controls, or operates.
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21 | (2) That the applicant will comply with all applicable | ||||||
22 | federal, State,
regional, and industry rules, policies, | ||||||
23 | practices, and procedures
for the use, operation, and | ||||||
24 | maintenance of the safety, integrity, and
reliability of | ||||||
25 | the gas transmission system.
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26 | (3) That the applicant will comply with such |
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1 | informational or reporting
requirements as the Commission | ||||||
2 | may by rule establish.
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3 | (4) That
the area to be served by the applicant and any | ||||||
4 | limitations it proposes on the
number of customers or | ||||||
5 | maximum amount of load to be served meet the provisions
of | ||||||
6 | Section 19-115, provided, that if the applicant seeks to | ||||||
7 | serve an area
smaller than the service area of a gas | ||||||
8 | utility or proposes other limitations
on the number of | ||||||
9 | customers or maximum amount of load to be served, the
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10 | Commission can extend the time for
considering such a | ||||||
11 | certificate request by up to 90 days, and can schedule
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12 | hearings on such a request.
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13 | (5) That the applicant will comply with all other | ||||||
14 | applicable laws and
rules.
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15 | (f) (Blank). The Commission shall have the authority to | ||||||
16 | promulgate rules
to carry out the provisions of this Section. | ||||||
17 | Within 30 days after the
effective date of this amendatory Act | ||||||
18 | of the 92nd General Assembly, the
Commission shall adopt an | ||||||
19 | emergency rule or rules applicable to the
certification of | ||||||
20 | those gas suppliers that seek to serve residential customers.
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21 | Within 180 days of
the effective
date of this amendatory Act of | ||||||
22 | the 92nd General Assembly, the Commission shall
adopt
rules | ||||||
23 | that specify criteria which, if met by any such alternative gas
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24 | supplier, shall
constitute the demonstration of technical, | ||||||
25 | financial, and managerial resources
and
abilities to provide | ||||||
26 | service required by item (1) of subsection (e) of this
Section,
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1 | such as a
requirement to post a bond or letter of credit, from | ||||||
2 | a responsible surety or
financial
institution, of sufficient | ||||||
3 | size for the nature and scope of the services to be
provided,
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4 | demonstration of adequate insurance for the scope and nature of | ||||||
5 | the services to
be
provided, and experience in providing | ||||||
6 | similar services in other
jurisdictions. | ||||||
7 | (g) Notwithstanding any other rulemaking authority that | ||||||
8 | may exist, neither the Governor nor any agency or agency head | ||||||
9 | under the jurisdiction of the Governor has any authority to | ||||||
10 | make or promulgate rules to implement or enforce the provisions | ||||||
11 | of this amendatory Act of the 95th General Assembly. If, | ||||||
12 | however, the Governor believes that rules are necessary to | ||||||
13 | implement or enforce the provisions of this amendatory Act of | ||||||
14 | the 95th General Assembly, the Governor may suggest rules to | ||||||
15 | the General Assembly by filing them with the Clerk of the House | ||||||
16 | and the Secretary of the Senate and by requesting that the | ||||||
17 | General Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this amendatory Act of | ||||||
24 | the 95th General Assembly, "rules" is given the meaning | ||||||
25 | contained in Section 1-70 of the Illinois Administrative | ||||||
26 | Procedure Act, and "agency" and "agency head" are given the |
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| |||||||
1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor.
| ||||||
5 | (Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
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6 | (220 ILCS 5/19-115)
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7 | Sec. 19-115. Obligations of alternative gas suppliers.
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8 | (a) The provisions of this Section shall apply only to | ||||||
9 | alternative gas
suppliers
serving or seeking to serve | ||||||
10 | residential or small commercial customers and
only to the | ||||||
11 | extent such
alternative gas suppliers provide services to | ||||||
12 | residential or small
commercial customers.
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13 | (b) An alternative gas supplier shall:
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14 | (1) comply with the requirements imposed on public | ||||||
15 | utilities by Sections
8-201 through 8-207, 8-301, 8-505 and | ||||||
16 | 8-507 of this Act, to the
extent that these Sections have | ||||||
17 | application to the services being
offered by the | ||||||
18 | alternative gas supplier; and
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19 | (2) continue to comply with the requirements for | ||||||
20 | certification stated
in
Section 19-110.
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21 | (c) An alternative gas supplier shall have in its | ||||||
22 | possession an authorization obtained prior to the switch that | ||||||
23 | verifies a customer's decision to switch to obtain verifiable | ||||||
24 | authorization from a
customer, in a form or manner approved by | ||||||
25 | the Commission, before the customer
is
switched from another |
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1 | supplier. The authorization shall be obtained prior to the | ||||||
2 | switch and shall be in a form or manner approved by the | ||||||
3 | Commission.
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4 | (d) No alternative gas supplier shall:
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5 | (1) enter into or employ any
arrangements which have | ||||||
6 | the effect of preventing any customer from having
access to
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7 | the services of the gas utility in whose service area the | ||||||
8 | customer is located;
or
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9 | (2) charge customers for such access ; | ||||||
10 | (3) on or after the effective date of this amendatory | ||||||
11 | Act of the 95th General Assembly, extend, solicit, or enter | ||||||
12 | into any contracts with residential or small commercial | ||||||
13 | customers; or | ||||||
14 | (4) collect or impose an early termination fee .
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15 | (e) An alternative gas supplier that is certified to serve | ||||||
16 | residential
or small commercial customers shall not:
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17 | (1) deny service to a customer or group of customers | ||||||
18 | nor
establish any differences as to prices, terms,
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19 | conditions, services, products, facilities, or in any | ||||||
20 | other respect, whereby
such denial or differences are based | ||||||
21 | upon race, gender, or income; or
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22 | (2) deny service based on locality, nor establish any | ||||||
23 | unreasonable
difference as to prices, terms, conditions, | ||||||
24 | services, products, or facilities
as
between localities.
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25 | (f) An alternative gas supplier shall comply with the | ||||||
26 | following requirements
with respect to the marketing, |
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1 | offering, and provision of products or services:
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2 | (1) Any marketing materials which make statements | ||||||
3 | concerning prices,
terms, and conditions of service shall | ||||||
4 | contain information that
adequately discloses the prices, | ||||||
5 | terms and conditions of the products
or services.
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6 | (2) The alternative gas supplier shall be prohibited | ||||||
7 | from switching Before any customer is switched from another | ||||||
8 | supplier , beginning on the effective date of this | ||||||
9 | amendatory Act of the 95th General Assembly , the
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10 | alternative gas supplier shall give the customer written | ||||||
11 | information
that adequately discloses, in plain language, | ||||||
12 | the prices, terms, and
conditions of the products and | ||||||
13 | services being offered and sold to the
customer .
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14 | (3) The alternative gas supplier shall continue to | ||||||
15 | provide to the customer:
| ||||||
16 | (A) accurate, timely, and itemized billing | ||||||
17 | statements that describe
the products and services
| ||||||
18 | provided to the customer and their prices
and that | ||||||
19 | specify the
gas consumption amount and any service
| ||||||
20 | charges and taxes; provided that this item (f)(3)(A) | ||||||
21 | does not apply to small
commercial customers;
| ||||||
22 | (B) an additional
statement, at least annually, | ||||||
23 | that adequately discloses the average
monthly prices, | ||||||
24 | and the terms and conditions, of the products and
| ||||||
25 | services sold to the customer; provided that this item | ||||||
26 | (f)(3)(B) does not
apply to small commercial |
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1 | customers;
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2 | (C) refunds of any deposits with interest within 30 | ||||||
3 | days after the
date
that the customer changes gas | ||||||
4 | suppliers or discontinues service if the customer
has | ||||||
5 | satisfied all of his or her outstanding financial | ||||||
6 | obligations for alternative gas service, excluding | ||||||
7 | termination fees, to the
alternative gas supplier at an | ||||||
8 | interest rate set by the Commission which shall
be the | ||||||
9 | same as that required of gas utilities; and
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10 | (D) refunds, in a timely fashion, of all undisputed | ||||||
11 | overpayments upon
the oral or written request of the | ||||||
12 | customer.
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13 | (g) All contracts that existed prior to the effective date | ||||||
14 | of this amendatory Act of the 95th General Assembly between an | ||||||
15 | alternative gas supplier and a residential or small commercial | ||||||
16 | customer shall automatically terminate on January 1, 2010. An | ||||||
17 | alternative gas supplier may limit the overall size or | ||||||
18 | availability
of
a
service offering by specifying one or more of | ||||||
19 | the following:
| ||||||
20 | (1) a maximum number
of
customers and maximum amount of | ||||||
21 | gas load to be served;
| ||||||
22 | (2) time period during which
the
offering will be | ||||||
23 | available; or
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24 | (3) other comparable limitation, but not including
the
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25 | geographic locations of customers within the area which the | ||||||
26 | alternative gas
supplier is
certificated to serve.
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1 | The alternative gas supplier shall file the terms and
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2 | conditions of
such service offering including the applicable | ||||||
3 | limitations with the Commission
prior to
making the service | ||||||
4 | offering available to customers.
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5 | (h) (Blank). Nothing in this Section shall be construed as | ||||||
6 | preventing an alternative
gas
supplier that is an affiliate of, | ||||||
7 | or which contracts with,
(i) an industry or
trade
organization | ||||||
8 | or association,
(ii) a membership organization or association | ||||||
9 | that
exists for
a purpose other than the purchase of gas, or
| ||||||
10 | (iii) another organization that
meets criteria
established in a | ||||||
11 | rule adopted by the Commission from offering through the
| ||||||
12 | organization
or association services at prices, terms and | ||||||
13 | conditions that are available
solely to the
members of the | ||||||
14 | organization or association. | ||||||
15 | (i) Notwithstanding any other rulemaking authority that | ||||||
16 | may exist, neither the Governor nor any agency or agency head | ||||||
17 | under the jurisdiction of the Governor has any authority to | ||||||
18 | make or promulgate rules to implement or enforce the provisions | ||||||
19 | of this amendatory Act of the 95th General Assembly. If, | ||||||
20 | however, the Governor believes that rules are necessary to | ||||||
21 | implement or enforce the provisions of this amendatory Act of | ||||||
22 | the 95th General Assembly, the Governor may suggest rules to | ||||||
23 | the General Assembly by filing them with the Clerk of the House | ||||||
24 | and the Secretary of the Senate and by requesting that the | ||||||
25 | General Assembly authorize such rulemaking by law, enact those | ||||||
26 | suggested rules into law, or take any other appropriate action |
| |||||||
| |||||||
1 | in the General Assembly's discretion. Nothing contained in this | ||||||
2 | amendatory Act of the 95th General Assembly shall be | ||||||
3 | interpreted to grant rulemaking authority under any other | ||||||
4 | Illinois statute where such authority is not otherwise | ||||||
5 | explicitly given. For the purposes of this amendatory Act of | ||||||
6 | the 95th General Assembly, "rules" is given the meaning | ||||||
7 | contained in Section 1-70 of the Illinois Administrative | ||||||
8 | Procedure Act, and "agency" and "agency head" are given the | ||||||
9 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
10 | Administrative Procedure Act to the extent that such | ||||||
11 | definitions apply to agencies or agency heads under the | ||||||
12 | jurisdiction of the Governor.
| ||||||
13 | (Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
| ||||||
14 | (220 ILCS 5/19-120)
| ||||||
15 | Sec. 19-120. Commission oversight of services provided by | ||||||
16 | gas
suppliers. | ||||||
17 | (a) The provisions of this Section shall apply only to | ||||||
18 | alternative gas
suppliers
serving or seeking to serve | ||||||
19 | residential or small commercial customers and
only to the | ||||||
20 | extent such
alternative gas suppliers provide services to | ||||||
21 | residential or small
commercial customers.
| ||||||
22 | (b) 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
gas supplier | ||||||
25 | alleging that:
|
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| |||||||
1 | (1) the alternative gas supplier has violated or is
in
| ||||||
2 | nonconformance with any applicable provisions of Section | ||||||
3 | 19-110 or Section
19-115;
| ||||||
4 | (2) an alternative gas supplier has failed to provide | ||||||
5 | service in
accordance with the
terms of its contract or | ||||||
6 | contracts with a customer or customers;
| ||||||
7 | (3) the
alternative
gas supplier has violated or is in | ||||||
8 | nonconformance with the transportation
services tariff
of, | ||||||
9 | or any of its agreements relating to transportation | ||||||
10 | services with, the gas
utility or
municipal system | ||||||
11 | providing transportation services; or
| ||||||
12 | (4) the
alternative gas
supplier has violated or failed | ||||||
13 | to comply with the requirements of Sections
8-201
through | ||||||
14 | 8-207, 8-301, 8-505, or 8-507 of this Act as made | ||||||
15 | applicable to
alternative gas
suppliers.
| ||||||
16 | (c) The Commission shall have authority after notice and | ||||||
17 | hearing held on
complaint or on the Commission's own motion to:
| ||||||
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 or 19-115;
| ||||||
21 | (2) impose financial penalties for violations of or | ||||||
22 | nonconformances
with the provisions of Section 19-110 or | ||||||
23 | 19-115, not to exceed (i)
$10,000 per occurrence or (ii) | ||||||
24 | $30,000 per day for those violations or
nonconformances | ||||||
25 | which continue after the Commission issues a
| ||||||
26 | cease-and-desist order; and
|
| |||||||
| |||||||
1 | (3) alter, modify, revoke, or suspend the certificate | ||||||
2 | of service
authority
of an alternative gas supplier for | ||||||
3 | substantial or repeated violations of
or nonconformances | ||||||
4 | with the provisions of Section 19-110 or 19-115.
| ||||||
5 | For purposes of this subsection (c), each violation of | ||||||
6 | Section 19-110 or 19-115 is a separate and distinct offense for | ||||||
7 | each residential or small commercial customer that an | ||||||
8 | alternative gas supplier supplies with gas. In the case of a | ||||||
9 | continuing violation, each day's continuance thereof shall be a | ||||||
10 | separate and distinct offense for each customer. | ||||||
11 | In construing and enforcing the provisions of this Act | ||||||
12 | relating to penalties, the act, omission, or failure of any | ||||||
13 | officer, agent, or employee of an alternative gas supplier that | ||||||
14 | is acting within the scope of his official duties or | ||||||
15 | employment, shall in every case be deemed to be the act, | ||||||
16 | omission, or failure of such alternative gas supplier. | ||||||
17 | (d) Nothing in this Act shall be construed to limit, | ||||||
18 | restrict, or
mitigate
in
any way the power and authority of the | ||||||
19 | State's Attorneys or the Attorney
General under the Consumer | ||||||
20 | Fraud and Deceptive Business Practices Act. | ||||||
21 | (e) Notwithstanding any other rulemaking authority that | ||||||
22 | may exist, neither the Governor nor any agency or agency head | ||||||
23 | under the jurisdiction of the Governor has any authority to | ||||||
24 | make or promulgate rules to implement or enforce the provisions | ||||||
25 | of this amendatory Act of the 95th General Assembly. If, | ||||||
26 | however, the Governor believes that rules are necessary to |
| |||||||
| |||||||
1 | implement or enforce the provisions of this amendatory Act of | ||||||
2 | the 95th General Assembly, the Governor may suggest rules to | ||||||
3 | the General Assembly by filing them with the Clerk of the House | ||||||
4 | and the Secretary of the Senate and by requesting that the | ||||||
5 | General Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor.
| ||||||
19 | (Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
| ||||||
20 | (220 ILCS 5/19-125)
| ||||||
21 | Sec. 19-125. Consumer education.
| ||||||
22 | (a) The Commission shall make available upon request and at | ||||||
23 | no charge, and
shall make available to the public
on the | ||||||
24 | Internet through the State of Illinois World Wide Web site:
| ||||||
25 | (1) a list of all certified alternative gas suppliers |
| |||||||
| |||||||
1 | serving residential
and
small commercial customers
within | ||||||
2 | the service area of each gas utility including, in the case | ||||||
3 | of the
Internet, computer links to available web sites of | ||||||
4 | the certified alternative
gas
suppliers;
| ||||||
5 | (2) a list of all certified alternative gas suppliers | ||||||
6 | serving residential
or
small commercial customers
that | ||||||
7 | have been found in the last 3 years by the Commission | ||||||
8 | pursuant to Section
10-108 to have failed
to provide | ||||||
9 | service in accordance with this Act;
| ||||||
10 | (3) guidelines to assist customers in determining | ||||||
11 | which gas supplier is
most
appropriate for each
customer; | ||||||
12 | and
| ||||||
13 | (4) Internet links to providers of information
that | ||||||
14 | enable enables customers
to
compare prices and
services of | ||||||
15 | gas utilities and alternative gas suppliers, if and
when | ||||||
16 | that information is available ; and . | ||||||
17 | (5) details regarding the implementation of subsection | ||||||
18 | (c) of Section 19-110 of this Article and item (3) of | ||||||
19 | subsection (d) and item (2) of subsection (f) of Section | ||||||
20 | 19-115 of this Article.
| ||||||
21 | (b) In any service area where customers are able to choose | ||||||
22 | their natural gas
supplier, the Commission shall require gas | ||||||
23 | utilities and alternative gas
suppliers to inform customers of | ||||||
24 | how they may contact the Commission in order
to
obtain | ||||||
25 | information about the customer choice program. | ||||||
26 | (c) Notwithstanding any other rulemaking authority that |
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1 | may exist, neither the Governor nor any agency or agency head | ||||||
2 | under the jurisdiction of the Governor has any authority to | ||||||
3 | make or promulgate rules to implement or enforce the provisions | ||||||
4 | of this amendatory Act of the 95th General Assembly. If, | ||||||
5 | however, the Governor believes that rules are necessary to | ||||||
6 | implement or enforce the provisions of this amendatory Act of | ||||||
7 | the 95th General Assembly, the Governor may suggest rules to | ||||||
8 | the General Assembly by filing them with the Clerk of the House | ||||||
9 | and the Secretary of the Senate and by requesting that the | ||||||
10 | General Assembly authorize such rulemaking by law, enact those | ||||||
11 | suggested rules into law, or take any other appropriate action | ||||||
12 | in the General Assembly's discretion. Nothing contained in this | ||||||
13 | amendatory Act of the 95th General Assembly shall be | ||||||
14 | interpreted to grant rulemaking authority under any other | ||||||
15 | Illinois statute where such authority is not otherwise | ||||||
16 | explicitly given. For the purposes of this amendatory Act of | ||||||
17 | the 95th General Assembly, "rules" is given the meaning | ||||||
18 | contained in Section 1-70 of the Illinois Administrative | ||||||
19 | Procedure Act, and "agency" and "agency head" are given the | ||||||
20 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
21 | Administrative Procedure Act to the extent that such | ||||||
22 | definitions apply to agencies or agency heads under the | ||||||
23 | jurisdiction of the Governor.
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24 | (Source: P.A. 92-852, eff. 8-26-02.)
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25 | Section 97. Severability. If any provision of this Act or |
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1 | its application to any person or circumstance is held invalid, | ||||||
2 | the invalidity of that provision or application does not affect | ||||||
3 | other provisions or applications of this Act that can be given | ||||||
4 | effect without the invalid provision or application.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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