Full Text of HB0565 94th General Assembly
HB0565 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0565
Introduced 1/27/2005, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. For public schools, changes the calculation of the "transition charge" by subtracting the greater of the following amounts: (i) 0.5 cents per kilowatt-hour during the period October 1, 1999
through December 31, 2004, 1.25 cents per kilowatt-hour in calendar year 2005,
and 1.5 cents per kilowatt-hour in calendar year 2006, multiplied in
each year by an identified usage; or (ii) an amount equal to
the following percentages of the amount produced by applying the applicable
base rates or contract rate to
the identified usage: 8% for the period October 1, 1999
through December 31, 2002, 10% in calendar years 2003 and 2004, 15% in calendar
year 2005, and 25% in calendar year 2006 (now, the transition charge for public schools is calculated in the same manner as that of all nonresidential retail customers). Effective immediately.
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A BILL FOR
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HB0565 |
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LRB094 06456 MKM 36544 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 16-102 as follows:
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| (220 ILCS 5/16-102)
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| Sec. 16-102. Definitions. For the purposes of this
Article | 8 |
| the following terms shall be defined as set forth in
this | 9 |
| Section.
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| "Alternative retail electric supplier" means every
person, | 11 |
| cooperative, corporation, municipal corporation,
company, | 12 |
| association, joint stock company or association,
firm, | 13 |
| partnership, individual, or other entity, their lessees,
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| trustees, or receivers appointed by any court whatsoever, that
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| offers electric power or energy for sale, lease or in exchange
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| for other value received to one or more retail customers, or
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| that engages in the delivery or furnishing of electric power
or | 18 |
| energy to such retail customers, and shall include, without
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| limitation, resellers, aggregators and power marketers, but
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| shall not include (i) electric utilities (or any agent of the
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| electric utility to the extent the electric utility provides
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| tariffed services to retail customers through that agent),
(ii) | 23 |
| any electric cooperative or municipal system as defined
in | 24 |
| Section 17-100 to the extent that the electric cooperative
or | 25 |
| municipal system is serving retail customers within any
area in | 26 |
| which it is or would be entitled to provide service
under the | 27 |
| law in effect immediately prior to the effective
date of this | 28 |
| amendatory Act of 1997, (iii) a public utility
that is owned | 29 |
| and operated by any public institution of higher
education of | 30 |
| this State, or a public utility that is owned by
such public | 31 |
| institution of higher education and operated by
any of its | 32 |
| lessees or operating agents, within any area in
which it is or |
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| would be entitled to provide service under the
law in effect | 2 |
| immediately prior to the effective date of this
amendatory Act | 3 |
| of 1997, (iv) a retail customer to the extent
that customer | 4 |
| obtains its electric power and energy from that customer's
own | 5 |
| cogeneration or self-generation facilities, (v) an
entity that | 6 |
| owns, operates, sells, or arranges for the installation of
a | 7 |
| customer's own cogeneration or self-generation facilities, but | 8 |
| only to
the extent the entity is engaged in
owning,
selling or | 9 |
| arranging for the installation of such facility,
or operating | 10 |
| the facility
on behalf of such customer, provided however that | 11 |
| any such
third party owner or operator of a facility built | 12 |
| after
January 1, 1999, complies with the labor provisions of | 13 |
| Section 16-128(a) as
though
such third party were an | 14 |
| alternative retail
electric supplier,
or (vi) an industrial or
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| manufacturing customer that owns
its own
distribution | 16 |
| facilities, to the extent that the customer provides service | 17 |
| from
that distribution system to a third-party contractor | 18 |
| located on the customer's
premises that is integrally and | 19 |
| predominantly engaged in the customer's
industrial or
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| manufacturing process; provided, that if the industrial or | 21 |
| manufacturing
customer has elected delivery services, the | 22 |
| customer shall pay transition
charges applicable to the | 23 |
| electric power and energy consumed by the third-party
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| contractor unless such charges are otherwise paid by the third | 25 |
| party
contractor, which shall be calculated based on the usage | 26 |
| of, and the base rates
or the contract rates applicable to, the | 27 |
| third-party contractor in accordance
with Section 16-102.
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| "Base rates" means the rates for those tariffed services | 29 |
| that the electric
utility is required to offer pursuant to | 30 |
| subsection (a) of Section 16-103 and
that were identified in a | 31 |
| rate order for collection of the electric
utility's base rate | 32 |
| revenue requirement, excluding (i) separate automatic
rate | 33 |
| adjustment riders then in effect, (ii) special or negotiated | 34 |
| contract
rates, (iii) delivery services tariffs filed pursuant | 35 |
| to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | 36 |
| were in effect prior to October 1, 1996
and that based charges |
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| for services on an index or average of other utilities'
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| charges, but including (vi) any subsequent redesign of such | 3 |
| rates for
tariffed
services that is authorized by the | 4 |
| Commission after notice and hearing.
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| "Competitive service" includes (i) any service that
has | 6 |
| been declared to be competitive pursuant to Section
16-113 of | 7 |
| this Act, (ii) contract service, and (iii) services,
other than | 8 |
| tariffed services, that are related to, but not
necessary for, | 9 |
| the provision of electric power and energy or delivery | 10 |
| services.
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| "Contract service" means (1) services, including the
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| provision of electric power and energy or other services, that
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| are provided by mutual agreement between an electric utility
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| and a retail customer that is located in the electric
utility's | 15 |
| service area, provided that, delivery services shall
not be a | 16 |
| contract service until such services are declared
competitive | 17 |
| pursuant to Section 16-113; and also means (2) the
provision of | 18 |
| electric power and energy by an electric utility
to retail | 19 |
| customers outside the electric utility's service
area pursuant | 20 |
| to Section 16-116. Provided, however, contract
service does not | 21 |
| include electric utility services provided
pursuant to (i) | 22 |
| contracts that retail customers are required
to execute as a | 23 |
| condition of receiving tariffed services, or
(ii) special or | 24 |
| negotiated rate contracts for electric utility
services that | 25 |
| were entered into between an electric utility
and a retail | 26 |
| customer prior to the effective date of this
amendatory Act of | 27 |
| 1997 and filed with the Commission.
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| "Delivery services" means those services provided by the
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| electric utility that are necessary in order for the
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| transmission and distribution systems to function so that
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| retail customers located in the electric utility's service
area | 32 |
| can receive electric power and energy from suppliers
other than | 33 |
| the electric utility, and shall include, without
limitation, | 34 |
| standard metering and billing services.
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| "Electric utility" means a public utility, as defined in
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| Section 3-105 of this Act, that has a franchise, license,
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| permit or right to furnish or sell electricity to retail
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| customers within a service area.
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| "Mandatory transition period" means the period from the
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| effective date of this amendatory Act of 1997 through January
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| 1, 2007.
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| "Municipal system" shall have the meaning set forth in
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| Section 17-100.
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| "Real-time pricing" means charges for delivered electric
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| power and energy that vary on an hour-to-hour basis for
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| nonresidential retail customers and that vary on a periodic
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| basis during the day for residential retail customers.
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| "Retail customer" means a single entity using electric
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| power or energy at a single premises and that (A) either (i)
is | 14 |
| receiving or is eligible to receive tariffed services from
an | 15 |
| electric utility, or (ii) that is served by a municipal system | 16 |
| or electric
cooperative within any area in which the
municipal | 17 |
| system or electric cooperative is or would be
entitled to | 18 |
| provide service under the law in effect
immediately prior to | 19 |
| the effective date of this amendatory Act
of 1997, or (B) an | 20 |
| entity which on the effective date of this
Act was receiving | 21 |
| electric service from a public utility and
(i) was engaged in | 22 |
| the practice of resale and redistribution
of such electricity | 23 |
| within a building prior to January 2,
1957, or (ii) was | 24 |
| providing lighting services to tenants in a
multi-occupancy | 25 |
| building, but only to the extent such resale,
redistribution or | 26 |
| lighting service is authorized by the
electric utility's | 27 |
| tariffs that were on file with the
Commission on the effective | 28 |
| date of this Act.
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| "Service area" means (i) the geographic area within which
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| an electric utility was lawfully entitled to provide electric
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| power and energy to retail customers as of the effective date
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| of this amendatory Act of 1997, and includes (ii) the location
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| of any retail customer to which the electric utility was
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| lawfully providing electric utility services on such effective
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| date.
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| "Small commercial retail customer" means those
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| nonresidential retail customers of an electric utility
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| consuming 15,000 kilowatt-hours or less of electricity
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| annually in its service area.
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| "Tariffed service" means services provided to retail
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| customers by an electric utility as defined by its rates on
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| file with the Commission pursuant to the provisions of Article
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| IX of this Act, but shall not include competitive services.
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| "Transition charge" means a charge expressed in cents
per | 9 |
| kilowatt-hour that is calculated for a customer or class
of | 10 |
| customers as follows for each year in which an electric
utility | 11 |
| is entitled to recover transition charges as provided
in | 12 |
| Section 16-108:
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| (1) the amount of revenue that an electric utility
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| would receive from the retail customer or customers if it
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| were serving such customers' electric power and energy
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| requirements as a tariffed service based on (A) all of
the | 17 |
| customers' actual usage during the 3 years
ending 90 days | 18 |
| prior to the date on which such customers
were first | 19 |
| eligible for delivery services pursuant to
Section 16-104, | 20 |
| and (B) on (i) the base rates in effect
on October 1, 1996 | 21 |
| (adjusted for the reductions required
by subsection (b) of | 22 |
| Section 16-111, for any reduction resulting from a rate
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| decrease under Section 16-101(b), for any restatement of | 24 |
| base rates made in
conjunction with an elimination
of the | 25 |
| fuel adjustment clause pursuant to subsection (b), (d), or | 26 |
| (f) of
Section
9-220
and for any removal of decommissioning | 27 |
| costs from base
rates pursuant to Section 16-114)
and any | 28 |
| separate automatic rate adjustment riders (other
than a | 29 |
| decommissioning rate as defined in Section 16-114)
under | 30 |
| which the customers were receiving or, had they
been | 31 |
| customers, would have received electric power and
energy | 32 |
| from the electric utility during the year
immediately | 33 |
| preceding the date on which such customers
were first | 34 |
| eligible for delivery service pursuant to
Section 16-104, | 35 |
| or (ii) to the extent applicable, any
contract rates, | 36 |
| including contracts or rates for consolidated or
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| aggregated billing, under which such customers were
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| receiving electric power and energy from the electric
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| utility during such year;
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| (2) less the amount of revenue, other than revenue
from | 5 |
| transition charges and decommissioning rates, that the | 6 |
| electric utility
would
receive from such retail customers | 7 |
| for delivery services
provided by the electric utility, | 8 |
| assuming such customers
were taking delivery services for | 9 |
| all of their usage,
based on the delivery services tariffs | 10 |
| in effect during
the year for which the transition charge | 11 |
| is being
calculated and on the usage identified in | 12 |
| paragraph (1);
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| (3) less the market value for the electric power
and | 14 |
| energy that the electric utility would have used to
supply | 15 |
| all of such customers' electric power and energy
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| requirements, as a tariffed service, based on the usage
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| identified in paragraph (1), with such market value
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| determined in accordance with Section 16-112 of this Act;
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| (4) less the following amount which represents the
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| amount to be attributed to new revenue sources and cost
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| reductions by the electric utility through the end of the
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| period for which transition costs are recovered pursuant
to | 23 |
| Section 16-108, referred to in this Article XVI as a | 24 |
| "mitigation factor":
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| (A) for nonresidential retail customers , except | 26 |
| public schools , an amount equal to the greater
of (i) | 27 |
| 0.5 cents per kilowatt-hour during the period October | 28 |
| 1, 1999
through December 31, 2004, 0.6 cents per | 29 |
| kilowatt-hour in calendar year 2005,
and 0.9 cents per | 30 |
| kilowatt-hour in calendar year 2006, multiplied in
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| each year by the usage identified in paragraph (1), or | 32 |
| (ii) an amount equal to
the following percentages of | 33 |
| the amount produced by applying the applicable
base | 34 |
| rates (adjusted as described in subparagraph (1)(B)) | 35 |
| or contract rate to
the usage identified in paragraph | 36 |
| (1): 8% for the period October 1, 1999
through December |
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| 31, 2002, 10% in calendar years 2003 and 2004, 11% in | 2 |
| calendar
year 2005 and 12% in calendar year 2006;
and
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| (B) for residential retail customers, an amount
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| equal to the following percentages of the amount | 5 |
| produced by applying the
base rates in effect on | 6 |
| October 1, 1996 (adjusted as
described in subparagraph | 7 |
| (1)(B)) to the usage
identified in paragraph (1): (i) | 8 |
| 6% from May 1, 2002 through December 31,
2002, (ii) 7% | 9 |
| in calendar years 2003 and 2004, (iii) 8% in calendar | 10 |
| year
2005, and (iv) 10% in calendar year 2006;
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| (C) for public schools, an amount equal to the | 12 |
| greater
of: (i) 0.5 cents per kilowatt-hour during the | 13 |
| period October 1, 1999
through December 31, 2004, 1.25 | 14 |
| cents per kilowatt-hour in calendar year 2005,
and 1.5 | 15 |
| cents per kilowatt-hour in calendar year 2006, | 16 |
| multiplied in
each year by the usage identified in | 17 |
| paragraph (1); or (ii) an amount equal to
the following | 18 |
| percentages of the amount produced by applying the | 19 |
| applicable
base rates (adjusted as described in | 20 |
| subparagraph (1)(B)) or contract rate to
the usage | 21 |
| identified in paragraph (1): 8% for the period October | 22 |
| 1, 1999
through December 31, 2002, 10% in calendar | 23 |
| years 2003 and 2004, 15% in calendar
year 2005, and 25% | 24 |
| in calendar year 2006;
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| (5) divided by the usage of such customers
identified | 26 |
| in paragraph (1),
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| provided that the transition charge shall never be less than
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| zero.
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| "Unbundled service" means a component or constituent part
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| of a tariffed service which the electric utility subsequently
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| offers separately to its customers.
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| (Source: P.A. 91-50, eff. 6-30-99; 92-537, eff. 6-6-02.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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