Full Text of HB0351 95th General Assembly
HB0351sam002 95TH GENERAL ASSEMBLY
|
Sen. Gary Forby
Filed: 5/8/2007
|
|
09500HB0351sam002 |
|
LRB095 05290 MJR 35907 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 351
| 2 |
| AMENDMENT NO. ______. Amend House Bill 351 on page 1, by | 3 |
| replacing lines 4 and 5 with the following: | 4 |
| "Section 5. The Public Utilities Act is amended by changing | 5 |
| Sections 16-103 and 16-118 and by adding Section 17-800 as | 6 |
| follows:
| 7 |
| (220 ILCS 5/16-103)
| 8 |
| Sec. 16-103. Service obligations of electric utilities.
| 9 |
| (a) An electric utility shall continue offering to
retail | 10 |
| customers each tariffed service that it offered as a
distinct | 11 |
| and identifiable service on the effective date of
this | 12 |
| amendatory Act of 1997 until the service is (i) declared
| 13 |
| competitive pursuant to Section 16-113, or (ii) abandoned
| 14 |
| pursuant to Section 8-508. Nothing in this subsection shall be
| 15 |
| construed as limiting an electric utility's right to propose,
| 16 |
| or the Commission's power to approve, allow or order
|
|
|
|
09500HB0351sam002 |
- 2 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| modifications in the rates, terms and conditions for such
| 2 |
| services pursuant to Article IX or Section 16-111 of this Act.
| 3 |
| (b) An electric utility shall also offer, as tariffed
| 4 |
| services, delivery services in accordance with this Article,
| 5 |
| the power purchase options described in Section 16-110 and
| 6 |
| real-time pricing as provided in Section 16-107.
| 7 |
| (c) Notwithstanding any other provision of this Article,
| 8 |
| each electric utility shall continue offering to all
| 9 |
| residential customers and to all small commercial retail
| 10 |
| customers in its service area, as a tariffed service, bundled | 11 |
| electric power
and
energy delivered to the customer's premises | 12 |
| consistent with
the bundled utility service provided by the | 13 |
| electric utility
on the effective date of this amendatory Act | 14 |
| of 1997. Upon
declaration of the provision of electric power | 15 |
| and energy as
competitive, the electric utility shall continue | 16 |
| to offer to
such customers, as a tariffed service, bundled | 17 |
| service options
at rates which reflect recovery of all cost | 18 |
| components for
providing the service. For those components of | 19 |
| the service
which have been declared competitive, cost shall be | 20 |
| the market
based prices. Market based prices as referred to | 21 |
| herein shall
mean, for electric power and energy, either (i) | 22 |
| those prices
for electric power and energy determined as | 23 |
| provided in
Section 16-112, or (ii) the electric utility's cost | 24 |
| of
obtaining the electric power and energy at wholesale through | 25 |
| a
competitive bidding or other arms-length acquisition | 26 |
| process.
|
|
|
|
09500HB0351sam002 |
- 3 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| (d) Any residential or small commercial retail customer
| 2 |
| which elects delivery services is entitled to return to the
| 3 |
| electric utility's bundled utility tariffed service offering
| 4 |
| provided in accordance with subsection (c) of this Section
upon | 5 |
| payment of a reasonable administrative fee which shall be
set | 6 |
| forth in the tariff, provided, however, that the electric
| 7 |
| utility shall be entitled to impose the condition that such
| 8 |
| customer may not elect delivery services for up to 24 months
| 9 |
| thereafter.
| 10 |
| (e) The Commission shall not require an electric utility
to | 11 |
| offer any tariffed service other than the services required
by | 12 |
| this Section, and shall not require an electric utility to
| 13 |
| offer any competitive service. | 14 |
| (f) An electric utility with more than 100,000 customers | 15 |
| shall maintain a full, complete, accurate, and current | 16 |
| electronic database containing the retail account information | 17 |
| for all retail customers in its service territory with a | 18 |
| non-coincident peak demand of less than 400 kilowatts. The | 19 |
| retail account information shall include, but not be limited | 20 |
| to, the retail customer's name, account number, meter number, | 21 |
| service address, an indication whether the retail customer is | 22 |
| receiving bundled electric power and energy from the electric | 23 |
| utility, billing and usage data dating back no less than 24 | 24 |
| months, and shall be capable of generating cumulative | 25 |
| information concerning the usage, load shape curve, or other | 26 |
| general characteristics of customers by rate classification. |
|
|
|
09500HB0351sam002 |
- 4 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| Notwithstanding any other provisions of this Article, upon the | 2 |
| request of the corporate authorities of a municipality or | 3 |
| county board, or a person who presents verifiable authorization | 4 |
| and is acting as their agent, and payment of a reasonable fee, | 5 |
| the electric utility shall provide real time access to such | 6 |
| retail account information database and shall otherwise make | 7 |
| such customer information available in an electronic format. | 8 |
| The charges associated with the provision of service pursuant | 9 |
| to this Section shall be subject to periodic Commission review. | 10 |
| Any municipality or county board that receives such retail | 11 |
| account information shall have the right to provide such retail | 12 |
| account information or any portion thereof to any alternative | 13 |
| retail electric supplier that any municipality or county board | 14 |
| has selected to assist it in aggregating the retail electric | 15 |
| loads of its residents pursuant to subsection (a) of this | 16 |
| Section.
| 17 |
| (Source: P.A. 90-561, eff. 12-16-97.)
| 18 |
| (220 ILCS 5/16-118)
| 19 |
| Sec. 16-118. Services provided by electric utilities to
| 20 |
| alternative retail electric suppliers.
| 21 |
| (a) It is in the best interest of Illinois energy
consumers | 22 |
| to promote fair and open competition in the
provision of | 23 |
| electric power and energy and to prevent
anticompetitive | 24 |
| practices in the provision of electric power
and energy.
| 25 |
| Therefore, to the extent an electric utility provides electric |
|
|
|
09500HB0351sam002 |
- 5 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| power and energy
or delivery services to alternative retail | 2 |
| electric suppliers and such services
are not subject to the | 3 |
| jurisdiction of the Federal Energy
Regulatory Commission, and | 4 |
| are not competitive services, they
shall be provided through | 5 |
| tariffs that are filed with the
Commission, pursuant to Article | 6 |
| IX of this Act.
Each electric utility shall permit alternative
| 7 |
| retail electric suppliers to interconnect facilities to those
| 8 |
| owned by the utility provided they meet established standards
| 9 |
| for such interconnection, and may provide standby or other
| 10 |
| services to alternative retail electric suppliers. The
| 11 |
| alternative retail electric supplier shall sign a contract
| 12 |
| setting forth the prices, terms and conditions for
| 13 |
| interconnection with the electric utility and the prices,
terms | 14 |
| and conditions for services provided by the electric
utility to | 15 |
| the alternative retail electric supplier in
connection with the | 16 |
| delivery by the electric utility of
electric power and energy | 17 |
| supplied by the alternative retail
electric supplier.
| 18 |
| (b) An electric utility shall file a tariff pursuant to | 19 |
| Article IX of the
Act that would allow alternative retail | 20 |
| electric suppliers or electric
utilities other than the | 21 |
| electric utility in whose service area retail
customers are
| 22 |
| located to issue single bills to the retail customers for both | 23 |
| the services
provided by such alternative retail electric | 24 |
| supplier or other electric utility
and the delivery services | 25 |
| provided by the electric utility to such customers.
The tariff | 26 |
| filed pursuant to this subsection shall (i) require partial |
|
|
|
09500HB0351sam002 |
- 6 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| payments
made by retail customers to be credited first to the | 2 |
| electric utility's
tariffed services, (ii) impose commercially | 3 |
| reasonable terms with respect to
credit and collection, | 4 |
| including requests for deposits, (iii) retain the
electric | 5 |
| utility's right to disconnect the retail customers, if it does | 6 |
| not
receive payment for its tariffed services, in the same | 7 |
| manner that it would be
permitted to if it had billed for the | 8 |
| services itself, and (iv) require the
alternative retail | 9 |
| electric supplier or other electric utility that elects the
| 10 |
| billing option provided by this tariff to include on each bill | 11 |
| to retail
customers an identification of the electric utility | 12 |
| providing the delivery
services and a listing of the charges | 13 |
| applicable to such services. The tariff
filed pursuant to this | 14 |
| subsection may also include other just and reasonable
terms and | 15 |
| conditions. In addition,
an electric utility, an alternative | 16 |
| retail electric
supplier or electric utility other than the | 17 |
| electric utility
in whose service area the customer is located, | 18 |
| and a customer
served by such alternative retail electric | 19 |
| supplier or other
electric utility, may enter into an agreement | 20 |
| pursuant to
which the alternative retail electric supplier or | 21 |
| other
electric utility pays the charges specified in Section | 22 |
| 16-108,
or other customer-related charges, including taxes and | 23 |
| fees,
in lieu of such charges being recovered by the electric
| 24 |
| utility directly from the customer. | 25 |
| (c) An electric utility with more than 100,000 customers | 26 |
| shall file a tariff pursuant to Article IX of this Act that |
|
|
|
09500HB0351sam002 |
- 7 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| provides alternative retail electric suppliers, and electric | 2 |
| utilities other than the electric utility in whose service area | 3 |
| the retail customers are located with the option to have the | 4 |
| electric utility purchase their receivables for power and | 5 |
| energy service provided to retail customers with a | 6 |
| non-coincident peak demand of less than 400 kilowatts. | 7 |
| Receivables for power and energy of alternative retail electric | 8 |
| suppliers or electric utilities other than the electric utility | 9 |
| in whose service area the retail customers are located shall be | 10 |
| purchased by the electric utility at a just and reasonable | 11 |
| discount rate to be reviewed and approved by the Commission | 12 |
| after notice and hearing. The discount rate shall be based on | 13 |
| the electric utility's historical bad debt and any | 14 |
| administrative costs associated with the electric utility's | 15 |
| purchase of receivables. The discounted rate for purchase of | 16 |
| receivables shall be included in the tariff filed pursuant to | 17 |
| this subsection (c). The discount rate filed pursuant to this | 18 |
| subsection shall be subject to periodic reconciliations and | 19 |
| Commission review. The electric utility shall impose the same | 20 |
| terms on retail customers with respect to credit and | 21 |
| collection, including requests for deposits, and retain the | 22 |
| electric utility's right to disconnect the retail customers, if | 23 |
| it does not receive payment for its tariffed services or | 24 |
| purchased receivables, in the same manner that it would be | 25 |
| permitted to if the retail customers purchased power and energy | 26 |
| from the electric utility. The tariff filed pursuant to this |
|
|
|
09500HB0351sam002 |
- 8 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| subsection (c) may also include other just and reasonable terms | 2 |
| and conditions. | 3 |
| (d) An electric utility with more than 100,000 customers | 4 |
| shall file a tariff pursuant to Article IX of this Act that | 5 |
| would provide alternative retail electric suppliers or | 6 |
| electric utilities other than the electric utility in whose | 7 |
| service area retail customers are located with the option to | 8 |
| have the electric utility produce and provide single bills to | 9 |
| the retail customers for both the services provided by the | 10 |
| alternative retail electric supplier or other electric utility | 11 |
| and the delivery services provided by the electric utility to | 12 |
| the customers. The tariffs filed pursuant to this subsection | 13 |
| shall require the electric utility to collect and remit | 14 |
| customer payments for services provided by alternative retail | 15 |
| electric suppliers or electric utilities other than the | 16 |
| electric utility in whose service area retail customers are | 17 |
| located. The tariff filed pursuant to this subsection shall | 18 |
| require the electric utility to include on each bill to retail | 19 |
| customers an identification of the alternative retail electric | 20 |
| supplier or other electric utility that elects the billing | 21 |
| option. The tariff filed pursuant to this subsection (d) may | 22 |
| also include other just and reasonable terms and conditions and | 23 |
| provide for the recovery of prudently incurred costs associated | 24 |
| with the provision of service pursuant to this subsection (d). | 25 |
| The costs associated with the provision of service pursuant to | 26 |
| this section shall be subject to periodic Commission review.
|
|
|
|
09500HB0351sam002 |
- 9 - |
LRB095 05290 MJR 35907 a |
|
| 1 |
| (Source: P.A. 90-561, eff. 12-16-97.)"; and
| 2 |
| on page 1, line 21, immediately following " aggregated ", by | 3 |
| inserting the following: | 4 |
| " , or, in municipalities with a population over 500,000, | 5 |
| whether each person owning, occupying, controlling, or using an | 6 |
| electric load center will be automatically enrolled in the | 7 |
| aggregation unless that person exercises an option not to | 8 |
| participate "; and | 9 |
| on page 3, line 21, by replacing " 120 " with " 45 "; and | 10 |
| on page 4, by replacing lines 1 through 17 with the following: | 11 |
| " services pursuant to the methods established in the plan. "; | 12 |
| and | 13 |
| on page 4, line 20, by replacing " opt in " with " opt in or, in | 14 |
| municipalities with a population over 500,000, opt out, as the | 15 |
| case may be, ".
|
|