98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1453

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/16-102
220 ILCS 5/16-115A
220 ILCS 5/16-118
220 ILCS 5/19-105
220 ILCS 5/19-115

    Amends the Public Utilities Act in relation to marketing alternative services and products. Limits the use of early termination clauses and penalties. Requires certain utilities to share customer lists. Defines terms. Effective immediately.


LRB098 07060 JLS 37119 b

 

 

A BILL FOR

 

HB1453LRB098 07060 JLS 37119 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 16-102, 16-115A, 16-118, 19-105, and 19-115 as
6follows:
 
7    (220 ILCS 5/16-102)
8    Sec. 16-102. Definitions. For the purposes of this Article
9the following terms shall be defined as set forth in this
10Section.
11    "Alternative retail electric supplier" means every person,
12cooperative, corporation, municipal corporation, company,
13association, joint stock company or association, firm,
14partnership, individual, or other entity, their lessees,
15trustees, or receivers appointed by any court whatsoever, that
16offers electric power or energy for sale, lease or in exchange
17for other value received to one or more retail customers, or
18that engages in the delivery or furnishing of electric power or
19energy to such retail customers, and shall include, without
20limitation, resellers, aggregators and power marketers, but
21shall not include (i) electric utilities (or any agent of the
22electric utility to the extent the electric utility provides
23tariffed services to retail customers through that agent), (ii)

 

 

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1any electric cooperative or municipal system as defined in
2Section 17-100 to the extent that the electric cooperative or
3municipal system is serving retail customers within any area in
4which it is or would be entitled to provide service under the
5law in effect immediately prior to the effective date of this
6amendatory Act of 1997, (iii) a public utility that is owned
7and operated by any public institution of higher education of
8this State, or a public utility that is owned by such public
9institution of higher education and operated by any of its
10lessees or operating agents, within any area in which it is or
11would be entitled to provide service under the law in effect
12immediately prior to the effective date of this amendatory Act
13of 1997, (iv) a retail customer to the extent that customer
14obtains its electric power and energy from that customer's own
15cogeneration or self-generation facilities, (v) an entity that
16owns, operates, sells, or arranges for the installation of a
17customer's own cogeneration or self-generation facilities, but
18only to the extent the entity is engaged in owning, selling or
19arranging for the installation of such facility, or operating
20the facility on behalf of such customer, provided however that
21any such third party owner or operator of a facility built
22after January 1, 1999, complies with the labor provisions of
23Section 16-128(a) as though such third party were an
24alternative retail electric supplier, or (vi) an industrial or
25manufacturing customer that owns its own distribution
26facilities, to the extent that the customer provides service

 

 

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1from that distribution system to a third-party contractor
2located on the customer's premises that is integrally and
3predominantly engaged in the customer's industrial or
4manufacturing process; provided, that if the industrial or
5manufacturing customer has elected delivery services, the
6customer shall pay transition charges applicable to the
7electric power and energy consumed by the third-party
8contractor unless such charges are otherwise paid by the third
9party contractor, which shall be calculated based on the usage
10of, and the base rates or the contract rates applicable to, the
11third-party contractor in accordance with Section 16-102.
12    An entity that furnishes the service of charging electric
13vehicles does not and shall not be deemed to sell electricity
14and is not and shall not be deemed an alternative retail
15electric supplier, and is not subject to regulation as such
16under this Act notwithstanding the basis on which the service
17is provided or billed. If, however, the entity is otherwise
18deemed an alternative retail electric supplier under this Act,
19or is otherwise subject to regulation under this Act, then that
20entity is not exempt from and remains subject to the otherwise
21applicable provisions of this Act. The installation,
22maintenance, and repair of an electric vehicle charging station
23shall comply with the requirements of subsection (a) of Section
2416-128 and Section 16-128A of this Act.
25    For purposes of this Section, the term "electric vehicles"
26has the meaning ascribed to that term in Section 10 of the

 

 

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1Electric Vehicle Act.
2    "Base rates" means the rates for those tariffed services
3that the electric utility is required to offer pursuant to
4subsection (a) of Section 16-103 and that were identified in a
5rate order for collection of the electric utility's base rate
6revenue requirement, excluding (i) separate automatic rate
7adjustment riders then in effect, (ii) special or negotiated
8contract rates, (iii) delivery services tariffs filed pursuant
9to Section 16-108, (iv) real-time pricing, or (v) tariffs that
10were in effect prior to October 1, 1996 and that based charges
11for services on an index or average of other utilities'
12charges, but including (vi) any subsequent redesign of such
13rates for tariffed services that is authorized by the
14Commission after notice and hearing.
15    "Competitive service" includes (i) any service that has
16been declared to be competitive pursuant to Section 16-113 of
17this Act, (ii) contract service, and (iii) services, other than
18tariffed services, that are related to, but not necessary for,
19the provision of electric power and energy or delivery
20services.
21    "Contract service" means (1) services, including the
22provision of electric power and energy or other services, that
23are provided by mutual agreement between an electric utility
24and a retail customer that is located in the electric utility's
25service area, provided that, delivery services shall not be a
26contract service until such services are declared competitive

 

 

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1pursuant to Section 16-113; and also means (2) the provision of
2electric power and energy by an electric utility to retail
3customers outside the electric utility's service area pursuant
4to Section 16-116. Provided, however, contract service does not
5include electric utility services provided pursuant to (i)
6contracts that retail customers are required to execute as a
7condition of receiving tariffed services, or (ii) special or
8negotiated rate contracts for electric utility services that
9were entered into between an electric utility and a retail
10customer prior to the effective date of this amendatory Act of
111997 and filed with the Commission.
12    "Delivery services" means those services provided by the
13electric utility that are necessary in order for the
14transmission and distribution systems to function so that
15retail customers located in the electric utility's service area
16can receive electric power and energy from suppliers other than
17the electric utility, and shall include, without limitation,
18standard metering and billing services.
19    "Door-to-door solicitation" means a face-to-face
20solicitation of a residential customer initiated by an
21alternative retail electric supplier at the home or place of
22business of the customer through canvassing without an
23appointment or previous personal relationship.
24    "Electric utility" means a public utility, as defined in
25Section 3-105 of this Act, that has a franchise, license,
26permit or right to furnish or sell electricity to retail

 

 

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1customers within a service area.
2    "Mandatory transition period" means the period from the
3effective date of this amendatory Act of 1997 through January
41, 2007.
5    "Municipal system" shall have the meaning set forth in
6Section 17-100.
7    "Real-time pricing" means tariffed retail charges for
8delivered electric power and energy that vary hour-to-hour and
9are determined from wholesale market prices using a methodology
10approved by the Illinois Commerce Commission.
11    "Retail customer" means a single entity using electric
12power or energy at a single premises and that (A) either (i) is
13receiving or is eligible to receive tariffed services from an
14electric utility, or (ii) that is served by a municipal system
15or electric cooperative within any area in which the municipal
16system or electric cooperative is or would be entitled to
17provide service under the law in effect immediately prior to
18the effective date of this amendatory Act of 1997, or (B) an
19entity which on the effective date of this Act was receiving
20electric service from a public utility and (i) was engaged in
21the practice of resale and redistribution of such electricity
22within a building prior to January 2, 1957, or (ii) was
23providing lighting services to tenants in a multi-occupancy
24building, but only to the extent such resale, redistribution or
25lighting service is authorized by the electric utility's
26tariffs that were on file with the Commission on the effective

 

 

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1date of this Act.
2    "Service area" means (i) the geographic area within which
3an electric utility was lawfully entitled to provide electric
4power and energy to retail customers as of the effective date
5of this amendatory Act of 1997, and includes (ii) the location
6of any retail customer to which the electric utility was
7lawfully providing electric utility services on such effective
8date.
9    "Small commercial retail customer" means those
10nonresidential retail customers of an electric utility
11consuming 15,000 kilowatt-hours or less of electricity
12annually in its service area.
13    "Tariffed service" means services provided to retail
14customers by an electric utility as defined by its rates on
15file with the Commission pursuant to the provisions of Article
16IX of this Act, but shall not include competitive services.
17    "Transition charge" means a charge expressed in cents per
18kilowatt-hour that is calculated for a customer or class of
19customers as follows for each year in which an electric utility
20is entitled to recover transition charges as provided in
21Section 16-108:
22        (1) the amount of revenue that an electric utility
23    would receive from the retail customer or customers if it
24    were serving such customers' electric power and energy
25    requirements as a tariffed service based on (A) all of the
26    customers' actual usage during the 3 years ending 90 days

 

 

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1    prior to the date on which such customers were first
2    eligible for delivery services pursuant to Section 16-104,
3    and (B) on (i) the base rates in effect on October 1, 1996
4    (adjusted for the reductions required by subsection (b) of
5    Section 16-111, for any reduction resulting from a rate
6    decrease under Section 16-101(b), for any restatement of
7    base rates made in conjunction with an elimination of the
8    fuel adjustment clause pursuant to subsection (b), (d), or
9    (f) of Section 9-220 and for any removal of decommissioning
10    costs from base rates pursuant to Section 16-114) and any
11    separate automatic rate adjustment riders (other than a
12    decommissioning rate as defined in Section 16-114) under
13    which the customers were receiving or, had they been
14    customers, would have received electric power and energy
15    from the electric utility during the year immediately
16    preceding the date on which such customers were first
17    eligible for delivery service pursuant to Section 16-104,
18    or (ii) to the extent applicable, any contract rates,
19    including contracts or rates for consolidated or
20    aggregated billing, under which such customers were
21    receiving electric power and energy from the electric
22    utility during such year;
23        (2) less the amount of revenue, other than revenue from
24    transition charges and decommissioning rates, that the
25    electric utility would receive from such retail customers
26    for delivery services provided by the electric utility,

 

 

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1    assuming such customers were taking delivery services for
2    all of their usage, based on the delivery services tariffs
3    in effect during the year for which the transition charge
4    is being calculated and on the usage identified in
5    paragraph (1);
6        (3) less the market value for the electric power and
7    energy that the electric utility would have used to supply
8    all of such customers' electric power and energy
9    requirements, as a tariffed service, based on the usage
10    identified in paragraph (1), with such market value
11    determined in accordance with Section 16-112 of this Act;
12        (4) less the following amount which represents the
13    amount to be attributed to new revenue sources and cost
14    reductions by the electric utility through the end of the
15    period for which transition costs are recovered pursuant to
16    Section 16-108, referred to in this Article XVI as a
17    "mitigation factor":
18            (A) for nonresidential retail customers, an amount
19        equal to the greater of (i) 0.5 cents per kilowatt-hour
20        during the period October 1, 1999 through December 31,
21        2004, 0.6 cents per kilowatt-hour in calendar year
22        2005, and 0.9 cents per kilowatt-hour in calendar year
23        2006, multiplied in each year by the usage identified
24        in paragraph (1), or (ii) an amount equal to the
25        following percentages of the amount produced by
26        applying the applicable base rates (adjusted as

 

 

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1        described in subparagraph (1)(B)) or contract rate to
2        the usage identified in paragraph (1): 8% for the
3        period October 1, 1999 through December 31, 2002, 10%
4        in calendar years 2003 and 2004, 11% in calendar year
5        2005 and 12% in calendar year 2006; and
6            (B) for residential retail customers, an amount
7        equal to the following percentages of the amount
8        produced by applying the base rates in effect on
9        October 1, 1996 (adjusted as described in subparagraph
10        (1)(B)) to the usage identified in paragraph (1): (i)
11        6% from May 1, 2002 through December 31, 2002, (ii) 7%
12        in calendar years 2003 and 2004, (iii) 8% in calendar
13        year 2005, and (iv) 10% in calendar year 2006;
14        (5) divided by the usage of such customers identified
15    in paragraph (1),
16provided that the transition charge shall never be less than
17zero.
18    "Unbundled service" means a component or constituent part
19of a tariffed service which the electric utility subsequently
20offers separately to its customers.
21(Source: P.A. 97-1128, eff. 8-28-12.)
 
22    (220 ILCS 5/16-115A)
23    Sec. 16-115A. Obligations of alternative retail electric
24suppliers.
25    (a) An alternative retail electric supplier shall:

 

 

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1        (i) comply with the requirements imposed on public
2    utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
3    8-507 of this Act, to the extent that these Sections have
4    application to the services being offered by the
5    alternative retail electric supplier; and
6        (ii) continue to comply with the requirements for
7    certification stated in subsection (d) of Section 16-115.
8    (b) An alternative retail electric supplier shall obtain
9verifiable authorization from a customer, in a form or manner
10approved by the Commission consistent with Section 2EE of the
11Consumer Fraud and Deceptive Business Practices Act, before the
12customer is switched from another supplier.
13    (c) No alternative retail electric supplier, or electric
14utility other than the electric utility in whose service area a
15customer is located, shall (i) enter into or employ any
16arrangements which have the effect of preventing a retail
17customer with a maximum electrical demand of less than one
18megawatt from having access to the services of the electric
19utility in whose service area the customer is located or (ii)
20charge retail customers for such access. This subsection shall
21not be construed to prevent an arms-length agreement between a
22supplier and a retail customer that sets a term of service,
23notice period for terminating service and provisions governing
24early termination through a tariff or contract as allowed by
25Section 16-119.
26    (d) An alternative retail electric supplier that is

 

 

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1certified to serve residential or small commercial retail
2customers shall not:
3        (1) deny service to a customer or group of customers
4    nor establish any differences as to prices, terms,
5    conditions, services, products, facilities, or in any
6    other respect, whereby such denial or differences are based
7    upon race, gender or income.
8        (2) deny service to a customer or group of customers
9    based on locality nor establish any unreasonable
10    difference as to prices, terms, conditions, services,
11    products, or facilities as between localities.
12    (e) An alternative retail electric supplier shall comply
13with the following requirements with respect to the marketing,
14offering and provision of products or services to residential
15and small commercial retail customers:
16        (i) Any marketing materials which make statements
17    concerning prices, terms and conditions of service shall
18    contain information that adequately discloses the prices,
19    terms and conditions of the products or services that the
20    alternative retail electric supplier is offering or
21    selling to the customer.
22        (ii) Before any customer is switched from another
23    supplier, the alternative retail electric supplier shall
24    give the customer written information that adequately
25    discloses, in plain language, the prices, terms and
26    conditions of the products and services being offered and

 

 

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1    sold to the customer.
2        (iii) An alternative retail electric supplier shall
3    provide documentation to the Commission and to customers
4    that substantiates any claims made by the alternative
5    retail electric supplier regarding the technologies and
6    fuel types used to generate the electricity offered or sold
7    to customers.
8        (iv) The alternative retail electric supplier shall
9    provide to the customer (1) itemized billing statements
10    that describe the products and services provided to the
11    customer and their prices, and (2) an additional statement,
12    at least annually, that adequately discloses the average
13    monthly prices, and the terms and conditions, of the
14    products and services sold to the customer.
15        (v) An alternative retial electric supplier shall
16    include in all residential solicitations that include
17    price offerings an explanation of how to obtain price
18    comparison information provided by the Illinois Commerce
19    Commission Office of Retail Market Development.
20    (e-1) Early termination.
21        (i) Any residential customer agreement that contains
22    an early termination clause shall disclose the amount of
23    the early termination fee, provided that any early
24    termination fee or penalty shall not exceed $50 total,
25    regardless of whether or not the agreement is a multi-year
26    agreement or a municipal aggregation offer.

 

 

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1        (ii) In any residential agreement that contains an
2    early termination clause, an alternative electric supplier
3    shall provide the customer the opportunity to terminate the
4    agreement without any termination fee or penalty until the
5    due date of the first bill issued to the customer for
6    products or services provided by the alternative electric
7    supplier. The agreement shall disclose the opportunity and
8    provide a toll-free phone number that the customer may call
9    in order to terminate the agreement.
10        (iii) Any agreement entered into between a residential
11    customer and an alternative electric supplier through the
12    use of a door-to-door solicitation may not contain an early
13    termination fee.
14        (iv) Any agreement or marketing solicitation that
15    offers a variable price that guarantees savings for any
16    period of time based upon a utility default rate may not
17    charge an early termination fee if the retail electric
18    supplier price charged exceeds the utility default rate.
19        (v) Nothing in this subsection (e-1) removes the
20    obligation of the customer to pay for the products or
21    services provided by the alternative electric supplier.
22    (f) An alternative retail electric supplier may limit the
23overall size or availability of a service offering by
24specifying one or more of the following: a maximum number of
25customers, maximum amount of electric load to be served, time
26period during which the offering will be available, or other

 

 

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1comparable limitation, but not including the geographic
2locations of customers within the area which the alternative
3retail electric supplier is certificated to serve. The
4alternative retail electric supplier shall file the terms and
5conditions of such service offering including the applicable
6limitations with the Commission prior to making the service
7offering available to customers.
8    (g) Nothing in this Section shall be construed as
9preventing an alternative retail electric supplier, which is an
10affiliate of, or which contracts with, (i) an industry or trade
11organization or association, (ii) a membership organization or
12association that exists for a purpose other than the purchase
13of electricity, or (iii) another organization that meets
14criteria established in a rule adopted by the Commission, from
15offering through the organization or association services at
16prices, terms and conditions that are available solely to the
17members of the organization or association.
18(Source: P.A. 90-561, eff. 12-16-97.)
 
19    (220 ILCS 5/16-118)
20    Sec. 16-118. Services provided by electric utilities to
21alternative retail electric suppliers.
22    (a) It is in the best interest of Illinois energy consumers
23to promote fair and open competition in the provision of
24electric power and energy and to prevent anticompetitive
25practices in the provision of electric power and energy.

 

 

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1Therefore, to the extent an electric utility provides electric
2power and energy or delivery services to alternative retail
3electric suppliers and such services are not subject to the
4jurisdiction of the Federal Energy Regulatory Commission, and
5are not competitive services, they shall be provided through
6tariffs that are filed with the Commission, pursuant to Article
7IX of this Act. Each electric utility shall permit alternative
8retail electric suppliers to interconnect facilities to those
9owned by the utility provided they meet established standards
10for such interconnection, and may provide standby or other
11services to alternative retail electric suppliers. The
12alternative retail electric supplier shall sign a contract
13setting forth the prices, terms and conditions for
14interconnection with the electric utility and the prices, terms
15and conditions for services provided by the electric utility to
16the alternative retail electric supplier in connection with the
17delivery by the electric utility of electric power and energy
18supplied by the alternative retail electric supplier.
19    (b) An electric utility shall file a tariff pursuant to
20Article IX of the Act that would allow alternative retail
21electric suppliers or electric utilities other than the
22electric utility in whose service area retail customers are
23located to issue single bills to the retail customers for both
24the services provided by such alternative retail electric
25supplier or other electric utility and the delivery services
26provided by the electric utility to such customers. The tariff

 

 

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1filed pursuant to this subsection shall (i) require partial
2payments made by retail customers to be credited first to the
3electric utility's tariffed services, (ii) impose commercially
4reasonable terms with respect to credit and collection,
5including requests for deposits, (iii) retain the electric
6utility's right to disconnect the retail customers, if it does
7not receive payment for its tariffed services, in the same
8manner that it would be permitted to if it had billed for the
9services itself, and (iv) require the alternative retail
10electric supplier or other electric utility that elects the
11billing option provided by this tariff to include on each bill
12to retail customers an identification of the electric utility
13providing the delivery services and a listing of the charges
14applicable to such services. The tariff filed pursuant to this
15subsection may also include other just and reasonable terms and
16conditions. In addition, an electric utility, an alternative
17retail electric supplier or electric utility other than the
18electric utility in whose service area the customer is located,
19and a customer served by such alternative retail electric
20supplier or other electric utility, may enter into an agreement
21pursuant to which the alternative retail electric supplier or
22other electric utility pays the charges specified in Section
2316-108, or other customer-related charges, including taxes and
24fees, in lieu of such charges being recovered by the electric
25utility directly from the customer.
26    (c) An electric utility with more than 100,000 customers

 

 

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1shall file a tariff pursuant to Article IX of this Act that
2provides alternative retail electric suppliers, and electric
3utilities other than the electric utility in whose service area
4the retail customers are located, with the option to have the
5electric utility purchase their receivables for power and
6energy service provided to residential retail customers and
7non-residential retail customers with a non-coincident peak
8demand of less than 400 kilowatts. Receivables for power and
9energy service of alternative retail electric suppliers or
10electric utilities other than the electric utility in whose
11service area the retail customers are located shall be
12purchased by the electric utility at a just and reasonable
13discount rate to be reviewed and approved by the Commission
14after notice and hearing. The discount rate shall be based on
15the electric utility's historical bad debt and any reasonable
16start-up costs and administrative costs associated with the
17electric utility's purchase of receivables. The discounted
18rate for purchase of receivables shall be included in the
19tariff filed pursuant to this subsection (c). The discount rate
20filed pursuant to this subsection (c) shall be subject to
21periodic Commission review. The electric utility retains the
22right to impose the same terms on retail customers with respect
23to credit and collection, including requests for deposits, and
24retain the electric utility's right to disconnect the retail
25customers, if it does not receive payment for its tariffed
26services or purchased receivables, in the same manner that it

 

 

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1would be permitted to if the retail customers purchased power
2and energy from the electric utility. The tariff filed pursuant
3to this subsection (c) shall permit the electric utility to
4recover from retail customers any uncollected receivables that
5may arise as a result of the purchase of receivables under this
6subsection (c), may also include other just and reasonable
7terms and conditions, and shall provide for the prudently
8incurred costs associated with the provision of this service
9pursuant to this subsection (c). Nothing in this subsection (c)
10permits the double recovery of bad debt expenses from
11customers.
12    (d) An electric utility with more than 100,000 customers
13shall file a tariff pursuant to Article IX of this Act that
14would provide alternative retail electric suppliers or
15electric utilities other than the electric utility in whose
16service area retail customers are located with the option to
17have the electric utility produce and provide single bills to
18the retail customers for both the electric power and energy
19service provided by the alternative retail electric supplier or
20other electric utility and the delivery services provided by
21the electric utility to the customers. The tariffs filed
22pursuant to this subsection shall require the electric utility
23to collect and remit customer payments for electric power and
24energy service provided by alternative retail electric
25suppliers or electric utilities other than the electric utility
26in whose service area retail customers are located. The tariff

 

 

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1filed pursuant to this subsection shall require the electric
2utility to include on each bill to retail customers an
3identification of the alternative retail electric supplier or
4other electric utility that elects the billing option. The
5tariff filed pursuant to this subsection (d) may also include
6other just and reasonable terms and conditions and shall
7provide for the recovery of prudently incurred costs associated
8with the provision of service pursuant to this subsection (d).
9The costs associated with the provision of service pursuant to
10this Section shall be subject to periodic Commission review.
11    (e) An electric utility with more than 100,000 customers in
12this State shall file a tariff pursuant to Article IX of this
13Act that provides alternative retail electric suppliers, and
14electric utilities other than the electric utility in whose
15service area the retail customers are located, with the option
16to have the electric utility purchase 2 billing cycles worth of
17uncollectible receivables for power and energy service
18provided to residential retail customers and to
19non-residential retail customers with a non-coincident peak
20demand of less than 400 kilowatts upon returning that customer
21to that electric utility for delivery and energy service after
22that alternative retail electric supplier, or an electric
23utility other than the electric utility in whose service area
24the retail customer is located, has made reasonable collection
25efforts on that account. Uncollectible receivables for power
26and energy service of alternative retail electric suppliers, or

 

 

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1electric utilities other than the electric utility in whose
2service area the retail customers are located, shall be
3purchased by the electric utility at a just and reasonable
4discount rate to be reviewed and approved by the Commission,
5after notice and hearing. The discount rate shall be based on
6the electric utility's historical bad debt for receivables that
7are outstanding for a similar length of time and any reasonable
8start-up costs and administrative costs associated with the
9electric utility's purchase of receivables. The discounted
10rate for purchase of uncollectible receivables shall be
11included in the tariff filed pursuant to this subsection (e).
12The electric utility retains the right to impose the same terms
13on these retail customers with respect to credit and
14collection, including requests for deposits, and retains the
15right to disconnect these retail customers, if it does not
16receive payment for its tariffed services or purchased
17receivables, in the same manner that it would be permitted to
18if the retail customers had purchased power and energy from the
19electric utility. The tariff filed pursuant to this subsection
20(e) shall permit the electric utility to recover from retail
21customers any uncollectable receivables that may arise as a
22result of the purchase of uncollectible receivables under this
23subsection (e), may also include other just and reasonable
24terms and conditions, and shall provide for the prudently
25incurred costs associated with the provision of this service
26pursuant to this subsection (e). Nothing in this subsection (e)

 

 

HB1453- 22 -LRB098 07060 JLS 37119 b

1permits the double recovery of utility bad debt expenses from
2customers. The electric utility may file a joint tariff for
3this subsection (e) and subsection (c) of this Section.
4    (f) An electric utility with more than 100,000 customers in
5this State shall make available to alternative retail
6electricity suppliers a list of customer names, addresses, and
7other information as the Commission may deem necessary to allow
8for effective marketing of retail electricity and related
9services from alternative retail electricity suppliers.
10Customers shall be provided an annual notice that indicates
11that their name appears on the list and information on how to
12remove their information by contacting the utility. Nothing in
13this Section limits the ability of customers to request their
14names be removed at any other time.
15(Source: P.A. 95-700, eff. 11-9-07.)
 
16    (220 ILCS 5/19-105)
17    Sec. 19-105. Definitions. For the purposes of this Article,
18the following terms shall be defined as set forth in this
19Section.
20    "Alternative gas supplier" means every person,
21cooperative, corporation, municipal corporation, company,
22association, joint stock company or association, firm,
23partnership, individual, or other entity, their lessees,
24trustees, or receivers appointed by any court whatsoever, that
25offers gas for sale, lease, or in exchange for other value

 

 

HB1453- 23 -LRB098 07060 JLS 37119 b

1received to one or more customers, or that engages in the
2furnishing of gas to one or more customers, and shall include
3affiliated interests of a gas utility, resellers, aggregators
4and marketers, but shall not include (i) gas utilities (or any
5agent of the gas utility to the extent the gas utility provides
6tariffed services to customers through an agent); (ii) public
7utilities that are owned and operated by any political
8subdivision, public institution of higher education or
9municipal corporation of this State, or public utilities that
10are owned by a political subdivision, public institution of
11higher education, or municipal corporation and operated by any
12of its lessees or operating agents; (iii) natural gas
13cooperatives that are not-for-profit corporations operated for
14the purpose of administering, on a cooperative basis, the
15furnishing of natural gas for the benefit of their members who
16are consumers of natural gas; and (iv) the ownership or
17operation of a facility that sells compressed natural gas at
18retail to the public for use only as a motor vehicle fuel and
19the selling of compressed natural gas at retail to the public
20for use only as a motor vehicle fuel.
21    "Door-to-door solicitation" means face-to-face
22solicitation of a residential customer initiated by a retail
23natural gas supplier at the home or place of business of the
24customer through canvassing without an appointment or previous
25personal relationship.
26    "Gas utility" means a public utility, as defined in Section

 

 

HB1453- 24 -LRB098 07060 JLS 37119 b

13-105 of this Act, that has a franchise, license, permit, or
2right to furnish or sell gas or transportation services to
3customers within a service area.
4    "Residential customer" means a customer who receives gas
5utility service for household purposes distributed to a
6dwelling of 2 or fewer units which is billed under a
7residential rate or gas utility service for household purposes
8distributed to a dwelling unit or units which is billed under a
9residential rate and is registered by a separate meter for each
10dwelling unit.
11    "Sales agent" means any employee, agent, independent
12contractor, consultant, or other person that is engaged by the
13alternative gas supplier to solicit customers to purchase,
14enroll in, or contract for alternative gas service on behalf of
15an alternative gas supplier.
16    "Service area" means (i) the geographic area within which a
17gas utility was lawfully entitled to provide gas to customers
18as of the effective date of this amendatory Act of the 92nd
19General Assembly and includes (ii) the location of any customer
20to which the gas utility was lawfully providing gas utility
21services on such effective date.
22    "Single billing" means the combined billing of the services
23provided by both a natural gas utility and an alternative gas
24supplier to any customer who has enrolled in a customer choice
25program.
26    "Small commercial customer" means a nonresidential retail

 

 

HB1453- 25 -LRB098 07060 JLS 37119 b

1customer of a natural gas utility who consumed 5,000 or fewer
2therms of natural gas during the previous year; provided that
3any alternative gas supplier may remove the customer from
4designation as a "small commercial customer" if the customer
5consumes more than 5,000 therms of natural gas in any calendar
6year after becoming a customer of the alternative gas supplier.
7In determining whether a customer has consumed 5,000 or fewer
8therms of natural gas during the previous year, usage by the
9same commercial customer shall be aggregated to include usage
10at the same premises even if measured by more than one meter,
11and to include usage at multiple premises. Nothing in this
12Section creates an affirmative obligation on a gas utility to
13monitor or inform customers or alternative gas suppliers as to
14a customer's status as a small commercial customer as that term
15is defined herein. Nothing in this Section relieves a gas
16utility from any obligation to provide information upon request
17to a customer, alternative gas supplier, the Commission, or
18others necessary to determine whether a customer meets the
19classification of small commercial customers as that term is
20defined herein.
21    "Tariffed service" means a service provided to customers by
22a gas utility as defined by its rates on file with the
23Commission pursuant to the provisions of Article IX of this
24Act.
25    "Transportation services" means those services provided by
26the gas utility that are necessary in order for the storage,

 

 

HB1453- 26 -LRB098 07060 JLS 37119 b

1transmission and distribution systems to function so that
2customers located in the gas utility's service area can receive
3gas from suppliers other than the gas utility and shall
4include, without limitation, standard metering and billing
5services.
6(Source: P.A. 95-1051, eff. 4-10-09; 96-435, eff. 1-1-10;
796-1000, eff. 7-2-10.)
 
8    (220 ILCS 5/19-115)
9    Sec. 19-115. Obligations of alternative gas suppliers.
10    (a) The provisions of this Section shall apply only to
11alternative gas suppliers serving or seeking to serve
12residential or small commercial customers and only to the
13extent such alternative gas suppliers provide services to
14residential or small commercial customers.
15    (b) An alternative gas supplier shall:
16        (1) comply with the requirements imposed on public
17    utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
18    8-507 of this Act, to the extent that these Sections have
19    application to the services being offered by the
20    alternative gas supplier;
21        (2) continue to comply with the requirements for
22    certification stated in Section 19-110;
23        (3) comply with complaint procedures established by
24    the Commission;
25        (4) except as provided in subsection (h) of this

 

 

HB1453- 27 -LRB098 07060 JLS 37119 b

1    Section, file with the Chief Clerk of the Commission,
2    within 20 business days after the effective date of this
3    amendatory Act of the 95th General Assembly, a copy of bill
4    formats, standard customer contract and customer complaint
5    and resolution procedures, and the name and telephone
6    number of the company representative whom Commission
7    employees may contact to resolve customer complaints and
8    other matters. In the case of a gas supplier that engages
9    in door-to-door solicitation, the company shall file with
10    the Commission the consumer information disclosure
11    required by item (3) of subsection (c) of Section 2DDD of
12    the Consumer Fraud and Deceptive Business Practices Act and
13    shall file updated information within 10 business days
14    after changes in any of the documents or information
15    required to be filed by this item (4); and
16        (5) maintain a customer call center where customers can
17    reach a representative and receive current information. At
18    least once every 6 months, each alternative gas supplier
19    shall provide written information to customers explaining
20    how to contact the call center. The average answer time for
21    calls placed to the call center shall not exceed 60 seconds
22    where a representative or automated system is ready to
23    render assistance and/or accept information to process
24    calls. The abandon rate for calls placed to the call center
25    shall not exceed 10%. Each alternative gas supplier shall
26    maintain records of the call center's telephone answer time

 

 

HB1453- 28 -LRB098 07060 JLS 37119 b

1    performance and abandon call rate. These records shall be
2    kept for a minimum of 2 years and shall be made available
3    to Commission personnel upon request. In the event that
4    answer times and/or abandon rates exceed the limits
5    established above, the reporting alternative gas supplier
6    may provide the Commission or its personnel with
7    explanatory details. At a minimum, these records shall
8    contain the following information in monthly increments:
9            (A) total number of calls received;
10            (B) number of calls answered;
11            (C) average answer time;
12            (D) number of abandoned calls; and
13            (E) abandon call rate.
14    Alternative gas suppliers that do not have electronic
15answering capability that meets these requirements shall
16notify the Manager of the Commission's Consumer Services
17Division or its successor within 30 days following the
18effective date of this amendatory Act of the 95th General
19Assembly and work with Staff to develop individualized
20reporting requirements as to the call volume and responsiveness
21of the call center.
22    On or before March 1 of every year, each entity shall file
23a report with the Chief Clerk of the Commission for the
24preceding calendar year on its answer time and abandon call
25rate for its call center. A copy of the report shall be sent to
26the Manager of the Consumer Services Division or its successor.

 

 

HB1453- 29 -LRB098 07060 JLS 37119 b

1    (c) An alternative gas supplier shall not submit or execute
2a change in a customer's selection of a natural gas provider
3unless and until (i) the alternative gas supplier first
4discloses all material terms and conditions of the offer to the
5customer; (ii) the alternative gas supplier has obtained the
6customer's express agreement to accept the offer after the
7disclosure of all material terms and conditions of the offer;
8and (iii) the alternative gas supplier has confirmed the
9request for a change in accordance with one of the following
10procedures:
11        (1) The alternative gas supplier has obtained the
12    customer's written or electronically signed authorization
13    in a form that meets the following requirements:
14            (A) An alternative gas supplier shall obtain any
15        necessary written or electronically signed
16        authorization from a customer for a change in natural
17        gas service by using a letter of agency as specified in
18        this Section. Any letter of agency that does not
19        conform with this Section is invalid.
20            (B) The letter of agency shall be a separate
21        document (or an easily separable document containing
22        only the authorization language described in item (E)
23        of this paragraph (1)) whose sole purpose is to
24        authorize a natural gas provider change. The letter of
25        agency must be signed and dated by the customer
26        requesting the natural gas provider change.

 

 

HB1453- 30 -LRB098 07060 JLS 37119 b

1            (C) The letter of agency shall not be combined with
2        inducements of any kind on the same document.
3            (D) Notwithstanding items (A) and (B) of this
4        paragraph (1), the letter of agency may be combined
5        with checks that contain only the required letter of
6        agency language prescribed in item (E) of this
7        paragraph (1) and the necessary information to make the
8        check a negotiable instrument. The letter of agency
9        check shall not contain any promotional language or
10        material. The letter of agency check shall contain in
11        easily readable, bold face type on the face of the
12        check a notice that the consumer is authorizing a
13        natural gas provider change by signing the check. The
14        letter of agency language also shall be placed near the
15        signature line on the back of the check.
16            (E) At a minimum, the letter of agency must be
17        printed with a print of sufficient size to be clearly
18        legible and must contain clear and unambiguous
19        language that confirms:
20                (i) the customer's billing name and address;
21                (ii) the decision to change the natural gas
22            provider from the current provider to the
23            prospective alternative gas supplier;
24                (iii) the terms, conditions, and nature of the
25            service to be provided to the customer, including,
26            but not limited to, the rates for the service

 

 

HB1453- 31 -LRB098 07060 JLS 37119 b

1            contracted for by the customer; and
2                (iv) that the customer understands that any
3            natural gas provider selection the customer
4            chooses may involve a charge to the customer for
5            changing the customer's natural gas provider.
6            (F) Letters of agency shall not suggest or require
7        that a customer take some action in order to retain the
8        customer's current natural gas provider.
9            (G) If any portion of a letter of agency is
10        translated into another language, then all portions of
11        the letter of agency must be translated into that
12        language.
13        (2) An appropriately qualified independent third party
14    has obtained, in accordance with the procedures set forth
15    in this paragraph (2), the customer's oral authorization to
16    change natural gas providers that confirms and includes
17    appropriate verification data. The independent third party
18    must (i) not be owned, managed, controlled, or directed by
19    the alternative gas supplier or the alternative gas
20    supplier's marketing agent; (ii) not have any financial
21    incentive to confirm provider change requests for the
22    alternative gas supplier or the alternative gas supplier's
23    marketing agent; and (iii) operate in a location physically
24    separate from the alternative gas supplier or the
25    alternative gas supplier's marketing agent. Automated
26    third-party verification systems and 3-way conference

 

 

HB1453- 32 -LRB098 07060 JLS 37119 b

1    calls may be used for verification purposes so long as the
2    other requirements of this paragraph (2) are satisfied. An
3    alternative gas supplier or alternative gas supplier's
4    sales representative initiating a 3-way conference call or
5    a call through an automated verification system must drop
6    off the call once the 3-way connection has been
7    established. All third-party verification methods shall
8    elicit, at a minimum, the following information:
9            (A) the identity of the customer;
10            (B) confirmation that the person on the call is
11        authorized to make the provider change;
12            (C) confirmation that the person on the call wants
13        to make the provider change;
14            (D) the names of the providers affected by the
15        change;
16            (E) the service address of the service to be
17        switched; and
18            (F) the price of the service to be provided and the
19        material terms and conditions of the service being
20        offered, including whether any early termination fees
21        apply.
22        Third-party verifiers may not market the alternative
23    gas supplier's services by providing additional
24    information. All third-party verifications shall be
25    conducted in the same language that was used in the
26    underlying sales transaction and shall be recorded in their

 

 

HB1453- 33 -LRB098 07060 JLS 37119 b

1    entirety. Submitting alternative gas suppliers shall
2    maintain and preserve audio records of verification of
3    customer authorization for a minimum period of 2 years
4    after obtaining the verification. Automated systems must
5    provide customers with an option to speak with a live
6    person at any time during the call.
7        (3) The alternative gas supplier has obtained the
8    customer's authorization via an automated verification
9    system to change natural gas service via telephone. An
10    automated verification system is an electronic system
11    that, through pre-recorded prompts, elicits voice
12    responses, touchtone responses, or both, from the customer
13    and records both the prompts and the customer's responses.
14    Such authorization must elicit the information in
15    paragraph (2)(A) through (F) of this subsection (c).
16    Alternative gas suppliers electing to confirm sales
17    electronically through an automated verification system
18    shall establish one or more toll-free telephone numbers
19    exclusively for that purpose. Calls to the number or
20    numbers shall connect a customer to a voice response unit,
21    or similar mechanism, that makes a date-stamped,
22    time-stamped recording of the required information
23    regarding the alternative gas supplier change.
24        The alternative gas supplier shall not use such
25    electronic authorization systems to market its services.
26        (4) When a consumer initiates the call to the

 

 

HB1453- 34 -LRB098 07060 JLS 37119 b

1    prospective alternative gas supplier, in order to enroll
2    the consumer as a customer, the prospective alternative gas
3    supplier must, with the consent of the customer, make a
4    date-stamped, time-stamped audio recording that elicits,
5    at a minimum, the following information:
6            (A) the identity of the customer;
7            (B) confirmation that the person on the call is
8        authorized to make the provider change;
9            (C) confirmation that the person on the call wants
10        to make the provider change;
11            (D) the names of the providers affected by the
12        change;
13            (E) the service address of the service to be
14        switched; and
15            (F) the price of the service to be supplied and the
16        material terms and conditions of the service being
17        offered, including whether any early termination fees
18        apply.
19        Submitting alternative gas suppliers shall maintain
20    and preserve the audio records containing the information
21    set forth above for a minimum period of 2 years.
22        (5) In the event that a customer enrolls for service
23    from an alternative gas supplier via an Internet website,
24    the alternative gas supplier shall obtain an
25    electronically signed letter of agency in accordance with
26    paragraph (1) of this subsection (c) and any customer

 

 

HB1453- 35 -LRB098 07060 JLS 37119 b

1    information shall be protected in accordance with all
2    applicable statutes and regulations. In addition, an
3    alternative gas supplier shall provide the following when
4    marketing via an Internet website:
5            (A) The Internet enrollment website shall, at a
6        minimum, include:
7                (i) a copy of the alternative gas supplier's
8            customer contract that clearly and conspicuously
9            discloses all terms and conditions; and
10                (ii) a conspicuous prompt for the customer to
11            print or save a copy of the contract.
12            (B) Any electronic version of the contract shall be
13        identified by version number, in order to ensure the
14        ability to verify the particular contract to which the
15        customer assents.
16            (C) Throughout the duration of the alternative gas
17        supplier's contract with a customer, the alternative
18        gas supplier shall retain and, within 3 business days
19        of the customer's request, provide to the customer an
20        e-mail, paper, or facsimile of the terms and conditions
21        of the numbered contract version to which the customer
22        assents.
23            (D) The alternative gas supplier shall provide a
24        mechanism by which both the submission and receipt of
25        the electronic letter of agency are recorded by time
26        and date.

 

 

HB1453- 36 -LRB098 07060 JLS 37119 b

1            (E) After the customer completes the electronic
2        letter of agency, the alternative gas supplier shall
3        disclose conspicuously through its website that the
4        customer has been enrolled, and the alternative gas
5        supplier shall provide the customer an enrollment
6        confirmation number.
7        (6) When a customer is solicited in person by the
8    alternative gas supplier's sales agent, the alternative
9    gas supplier may only obtain the customer's authorization
10    to change natural gas service through the method provided
11    for in paragraph (2) of this subsection (c).
12    Alternative gas suppliers must be in compliance with this
13subsection (c) within 90 days after the effective date of this
14amendatory Act of the 95th General Assembly.
15    (d) Complaints may be filed with the Commission under this
16Section by a customer whose natural gas service has been
17provided by an alternative gas supplier in a manner not in
18compliance with subsection (c) of this Section. If, after
19notice and hearing, the Commission finds that an alternative
20gas supplier has violated subsection (c), then the Commission
21may in its discretion do any one or more of the following:
22        (1) Require the violating alternative gas supplier to
23    refund the customer charges collected in excess of those
24    that would have been charged by the customer's authorized
25    natural gas provider.
26        (2) Require the violating alternative gas supplier to

 

 

HB1453- 37 -LRB098 07060 JLS 37119 b

1    pay to the customer's authorized natural gas provider the
2    amount the authorized natural gas provider would have
3    collected for natural gas service. The Commission is
4    authorized to reduce this payment by any amount already
5    paid by the violating alternative gas supplier to the
6    customer's authorized natural gas provider.
7        (3) Require the violating alternative gas supplier to
8    pay a fine of up to $1,000 into the Public Utility Fund for
9    each repeated and intentional violation of this Section.
10        (4) Issue a cease and desist order.
11        (5) For a pattern of violation of this Section or for
12    intentionally violating a cease and desist order, revoke
13    the violating alternative gas supplier's certificate of
14    service authority.
15    (e) No alternative gas supplier shall:
16        (1) enter into or employ any arrangements which have
17    the effect of preventing any customer from having access to
18    the services of the gas utility in whose service area the
19    customer is located;
20        (2) charge customers for such access;
21        (3) bill for goods or services not authorized by the
22    customer; or
23        (4) bill for a disputed amount where the alternative
24    gas supplier has been provided notice of such dispute. The
25    supplier shall attempt to resolve a dispute with the
26    customer. When the dispute is not resolved to the

 

 

HB1453- 38 -LRB098 07060 JLS 37119 b

1    customer's satisfaction, the supplier shall inform the
2    customer of the right to file an informal complaint with
3    the Commission and provide contact information. While the
4    pending dispute is active at the Commission, an alternative
5    gas supplier may bill only for the undisputed amount until
6    the Commission has taken final action on the complaint.
7    (f) An alternative gas supplier that is certified to serve
8residential or small commercial customers shall not:
9        (1) deny service to a customer or group of customers
10    nor establish any differences as to prices, terms,
11    conditions, services, products, facilities, or in any
12    other respect, whereby such denial or differences are based
13    upon race, gender, or income;
14        (2) deny service based on locality, nor establish any
15    unreasonable difference as to prices, terms, conditions,
16    services, products, or facilities as between localities;
17        (3) include in any agreement a provision that obligates
18    a customer to the terms of the agreement if the customer
19    (i) moves outside the State of Illinois; (ii) moves to a
20    location without a transportation service program; or
21    (iii) moves to a location where the customer will not
22    require natural gas service, provided that nothing in this
23    subsection precludes an alternative gas supplier from
24    taking any action otherwise available to it to collect a
25    debt that arises out of service provided to the customer
26    before the customer moved; or

 

 

HB1453- 39 -LRB098 07060 JLS 37119 b

1        (4) assign the agreement to any alternative natural gas
2    supplier, unless:
3            (A) the supplier is an alternative gas supplier
4        certified by the Commission;
5            (B) the rates, terms, and conditions of the
6        agreement being assigned do not change during the
7        remainder of the time covered by the agreement;
8            (C) the customer is given no less than 30 days
9        prior written notice of the assignment and contact
10        information for the new supplier; and
11            (D) the supplier assigning the contract provides
12        contact information that a customer can use to resolve
13        a dispute.
14    (g) An alternative gas supplier shall comply with the
15following requirements with respect to the marketing,
16offering, and provision of products or services:
17        (1) Any marketing materials which make statements
18    concerning prices, terms, and conditions of service shall
19    contain information that adequately discloses the prices,
20    terms and conditions of the products or services.
21        (2) Before any customer is switched from another
22    supplier, the alternative gas supplier shall give the
23    customer written information that clearly and
24    conspicuously discloses, in plain language, the prices,
25    terms, and conditions of the products and services being
26    offered and sold to the customer. Nothing in this paragraph

 

 

HB1453- 40 -LRB098 07060 JLS 37119 b

1    (2) may be read to relieve an alternative gas supplier from
2    the duties imposed on it by item (3) of subsection (c) of
3    Section 2DDD of the Consumer Fraud and Deceptive Business
4    Practices Act.
5        (3) The alternative gas supplier shall provide to the
6    customer:
7            (A) accurate, timely, and itemized billing
8        statements that describe the products and services
9        provided to the customer and their prices and that
10        specify the gas consumption amount and any service
11        charges and taxes; provided that this item (g)(3)(A)
12        does not apply to small commercial customers;
13            (B) billing statements that clearly and
14        conspicuously discloses the name and contact
15        information for the alternative gas supplier;
16            (C) an additional statement, at least annually,
17        that adequately discloses the average monthly prices,
18        and the terms and conditions, of the products and
19        services sold to the customer; provided that this item
20        (g)(3)(C) does not apply to small commercial
21        customers;
22            (D) refunds of any deposits with interest within 30
23        days after the date that the customer changes gas
24        suppliers or discontinues service if the customer has
25        satisfied all of his or her outstanding financial
26        obligations to the alternative gas supplier at an

 

 

HB1453- 41 -LRB098 07060 JLS 37119 b

1        interest rate set by the Commission which shall be the
2        same as that required of gas utilities; and
3            (E) refunds, in a timely fashion, of all undisputed
4        overpayments upon the oral or written request of the
5        customer.
6        (4) An alternative gas supplier and its sales agents
7    shall refrain from any direct marketing or soliciting to
8    consumers on the gas utility's "Do Not Contact List", which
9    the alternative gas supplier shall obtain on the 15th
10    calendar day of the month from the gas utility in whose
11    service area the consumer is provided with gas service. If
12    the 15th calendar day is a non-business day, then the
13    alternative gas supplier shall obtain the list on the next
14    business day following the 15th calendar day of that month.
15        (5) Early Termination.
16            (A) Any agreement that contains an early
17        termination clause shall disclose the amount of the
18        early termination fee, provided that any early
19        termination fee or penalty shall not exceed $50 total,
20        regardless of whether or not the agreement is a
21        multiyear agreement.
22            (B) In any agreement that contains an early
23        termination clause, an alternative gas supplier shall
24        provide the customer the opportunity to terminate the
25        agreement without any termination fee or penalty until
26        within 10 business days after the due date of the first

 

 

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1        bill issued to the customer for products or services
2        provided by the alternative gas supplier. The
3        agreement shall disclose the opportunity and provide a
4        toll-free phone number that the customer may call in
5        order to terminate the agreement.
6            (C) Any agreement entered into between a
7        residential customer and an alternative gas supplier
8        through the use of a door-to-door solicitation may not
9        contain an early termination fee.
10            (D) Any agreement or marketing solicitation that
11        offers a variable price that guarantees savings for any
12        period of time based upon a utility default rate may
13        not charge an early termination fee if the alternative
14        gas supplier price charged exceeds the utility default
15        rate.
16            (E) Nothing in this paragraph (5) removes the
17        obligation of the customer to pay for the products or
18        services provided by the alternative electric
19        supplier.
20        (6) Within 2 business days after electronic receipt of
21    a customer switch from the alternative gas supplier and
22    confirmation of eligibility, the gas utility shall provide
23    the customer written notice confirming the switch. The gas
24    utility shall not switch the service until 10 business days
25    after the date on the notice to the customer.
26        (7) The alternative gas supplier shall provide each

 

 

HB1453- 43 -LRB098 07060 JLS 37119 b

1    customer the opportunity to rescind its agreement without
2    penalty within 10 business days after the date on the gas
3    utility notice to the customer. The alternative gas
4    supplier shall disclose all of the following:
5            (A) that the gas utility shall send a notice
6        confirming the switch;
7            (B) that from the date the utility issues the
8        notice confirming the switch, the customer shall have
9        10 business days to rescind the switch without penalty;
10            (C) that the customer shall contact the gas utility
11        or the alternative gas supplier to rescind the switch;
12        and
13            (D) the contact information for the gas utility.
14        The alternative gas supplier disclosure shall be
15    included in its sales solicitations, contracts, and all
16    applicable sales verification scripts.
17    (h) An alternative gas supplier may limit the overall size
18or availability of a service offering by specifying one or more
19of 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
24        (3) other comparable limitation, but not including the
25    geographic locations of customers within the area which the
26    alternative gas supplier is certificated to serve.

 

 

HB1453- 44 -LRB098 07060 JLS 37119 b

1    The alternative gas supplier shall file the terms and
2conditions of such service offering including the applicable
3limitations with the Commission prior to making the service
4offering available to customers.
5    (i) Nothing in this Section shall be construed as
6preventing an alternative gas supplier that is an affiliate of,
7or which contracts with, (i) an industry or trade organization
8or association, (ii) a membership organization or association
9that exists for a purpose other than the purchase of gas, or
10(iii) another organization that meets criteria established in a
11rule adopted by the Commission from offering through the
12organization or association services at prices, terms and
13conditions that are available solely to the members of the
14organization or association.
15(Source: P.A. 95-1051, eff. 4-10-09.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.