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| | HB3036 Engrossed | | LRB097 05714 ASK 45778 b |
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| 1 | | AN ACT concerning public utilities.
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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 changing |
| 5 | | Section 16-120 as follows:
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| 6 | | (220 ILCS 5/16-120)
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| 7 | | Sec. 16-120.
Development of competitive market; Commission |
| 8 | | study and
reports; investigation.
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| 9 | | (a) On or before December 31, 1999 and once every 3
years |
| 10 | | thereafter, the Commission shall monitor and analyze
patterns |
| 11 | | of entry and exit, applications for entry and exit,
and any |
| 12 | | barriers to entry or participation that may exist, for
services |
| 13 | | provided under this Article; shall analyze any
impediments to |
| 14 | | the establishment of a fully competitive energy
and power |
| 15 | | market in Illinois; and shall include its findings
together |
| 16 | | with appropriate recommendations for legislative
action in a |
| 17 | | report to the General Assembly.
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| 18 | | (b) Beginning in 2001, and ending in 2006, and beginning |
| 19 | | again in 2012, the Commission shall prepare an
annual report |
| 20 | | regarding the development of electricity markets in Illinois
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| 21 | | which shall be filed by April 1 of each year with the Joint |
| 22 | | Committee on
Legislative Support Services of the General |
| 23 | | Assembly and the Governor and which
shall be publicly |
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| 1 | | available. Such report shall include, at a minimum, the
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| 2 | | following information:
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| 3 | | (1) the aggregate annual peak demand of retail |
| 4 | | customers in the State of
Illinois in the preceding |
| 5 | | calendar year;
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| 6 | | (2) the total annual kilowatt-hours delivered and sold |
| 7 | | to retail customers
in the State
of Illinois by each |
| 8 | | electric utility within its own service territory, each
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| 9 | | electric utility outside its service territory, and |
| 10 | | alternative retail electric
suppliers in the preceding |
| 11 | | calendar year;
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| 12 | | (3) the percentage of the total kilowatt-hours |
| 13 | | delivered and sold to
retail customers in
the State of |
| 14 | | Illinois in the preceding calendar year by each electric |
| 15 | | utility
within its service territory, each electric |
| 16 | | utility outside its service
territory,
and each |
| 17 | | alternative retail electric supplier; and
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| 18 | | (4) any other information the Commission considers |
| 19 | | significant in
assessing the development of Illinois |
| 20 | | electricity markets, which may include,
to the extent |
| 21 | | available, information similar to that described in items |
| 22 | | 1, 2
and 3 with respect to cogeneration, self-generation |
| 23 | | and other sources of
electric power and energy provided to |
| 24 | | customers that do not take delivery
services or bundled |
| 25 | | electric utility services; and |
| 26 | | (5) the status of consumer protections for the retail |
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| 1 | | customers of alternative retail electric suppliers, and |
| 2 | | recommendations for improving such consumer protections |
| 3 | | whether through administrative action, Commission rule, or |
| 4 | | recommendations to the General Assembly for adoption based |
| 5 | | on conditions in Illinois and other states with competitive |
| 6 | | markets for retail electric customers.
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| 7 | | The Commission may also include such other information as |
| 8 | | it deems to be
necessary or beneficial in describing or |
| 9 | | explaining the results of its Report.
The Report required by |
| 10 | | this Section shall be adopted by a vote of the full
Commission |
| 11 | | prior to filing. Proprietary or confidential information shall |
| 12 | | not
be disclosed publicly. Nothing contained in this Section |
| 13 | | shall prohibit the
Commission from taking actions that would |
| 14 | | otherwise be allowed under this
Act.
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| 15 | | (c) The Commission shall prepare a report on the value of |
| 16 | | municipal
aggregation of electricity customers. The report |
| 17 | | shall be filed with the
General Assembly and the Governor no |
| 18 | | later than January 15, 2003 and shall be
publicly available. |
| 19 | | The report shall, at a minimum, include:
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| 20 | | (1) a description and analysis of actual and potential |
| 21 | | forms of
aggregation of electricity customers in Illinois |
| 22 | | and in the other states,
including aggregation through |
| 23 | | municipal, affinity, and other
organizations and through |
| 24 | | aggregation of
consumer purchases of electricity from |
| 25 | | renewable energy sources;
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| 26 | | (2) estimates of the potential benefits of municipal |
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| 1 | | aggregation to
Illinois electricity customers in at least 5 |
| 2 | | specific municipal examples
comparing their costs under |
| 3 | | bundled rates and unbundled rates, including
real-time |
| 4 | | prices;
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| 5 | | (3) a description of the barriers to municipal and |
| 6 | | other forms of
aggregation in Illinois, including legal, |
| 7 | | economic, informational, and other
barriers; and
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| 8 | | (4) options for legislative action to foster municipal |
| 9 | | and other forms of
aggregation of electricity customers.
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| 10 | | In preparing the report, the Commission shall consult with |
| 11 | | persons involved
in aggregation or the study of aggregation of |
| 12 | | electricity customers in
Illinois, including municipalities, |
| 13 | | utilities, aggregators, and non-profit
organizations. The
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| 14 | | provisions of Section 16-122 notwithstanding, the Commission |
| 15 | | may request and
utilities shall provide such aggregated load |
| 16 | | data as may be necessary to
perform the analyses required by |
| 17 | | this subsection;
provided, however, proprietary or |
| 18 | | confidential information shall not be
disclosed publicly.
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| 19 | | (Source: P.A. 92-585, eff. 6-26-02.)
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