Full Text of SB1631 101st General Assembly
SB1631 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1631 Introduced 2/15/2019, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
| 220 ILCS 5/16-115A | | 220 ILCS 5/16-115E new | | 220 ILCS 5/16-118 | | 220 ILCS 5/19-115 | | 220 ILCS 5/19-116 new | | 220 ILCS 5/19-135 | | 815 ILCS 505/2EE | | 815 ILCS 505/2DDD | |
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Amends the Public Utilities Act. Provides that an alternative retail electric supplier and alternative gas supplier shall: make certain information available on its website; send a separate written notice or electronic mail informing the residential customer of the upcoming change in price or other charge; and not automatically renew a contract with a residential customer at a rate higher than the initial term of the contract or automatically change or renew a fixed contract to a variable rate contract. Provides that all marketing materials shall contain the Historical Price to Compare from the immediately preceding 12 months. Provides, with exceptions, that beginning 90 days after the effective date of the Act, no customer who has received specified financial assistance within the preceding 12 months shall be switched to an alternative retail electric supplier or alternative gas supplier. Provides that beginning January 1, 2021, an alternative retail electric supplier or alternative gas supplier may apply to the Illinois Commerce Commission to offer a savings guarantee plan. Provides that every alternative retail electric supplier and alternative gas supplier shall include specific information on bills issued to a residential customer. Provides that every electric utility or gas utility that provides delivery and supply services shall include specific information on each bill to a residential customer who obtains supply from an alternative retail electric supplier or alternative gas supplier. Amends the Consumer Fraud and Deceptive Business Practices Act. Makes changes in provisions concerning electric service provider selection and alternative gas suppliers.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 16-115A, 16-118, 19-115, and 19-135 and by adding | 6 | | Sections 16-115E and 19-116 as follows:
| 7 | | (220 ILCS 5/16-115A)
| 8 | | Sec. 16-115A.
Obligations of alternative retail electric
| 9 | | suppliers.
| 10 | | (a) An alternative retail electric supplier shall:
| 11 | | (i) comply with the requirements imposed on public
| 12 | | utilities by Sections 8-201 through 8-207, 8-301, 8-505
and | 13 | | 8-507 of this Act, to the extent that these Sections
have | 14 | | application to the services being offered by the
| 15 | | alternative retail electric supplier; and
| 16 | | (ii) continue to comply with the requirements for
| 17 | | certification stated in subsection (d) of Section 16-115 ; .
| 18 | | (iii) make publicly available on its website, without | 19 | | the need for a customer login, rate information for all of | 20 | | its variable, time-of-use, and fixed rate contracts | 21 | | currently available to a residential customer, including, | 22 | | but not limited to, fixed monthly charges, early | 23 | | termination charges, and kilowatt-hour charges; |
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| 1 | | (iv) no less than 30 days, but no more than 60 days, | 2 | | before a residential customer's price per kilowatt hour or | 3 | | other charge changes, send a separate written notice by | 4 | | United States mail or electronic mail, as specified by the | 5 | | residential customer, addressed to the residential | 6 | | customer informing the residential customer of the | 7 | | upcoming change in price or other charge; the changed price | 8 | | per kilowatt hour or other charge shall be included in the | 9 | | notice and shall not require the residential customer to | 10 | | visit or log on to a website to obtain the change in price | 11 | | or other charge; the telephone number and email address to | 12 | | contact the supplier shall be included in the notice; and | 13 | | (v) not automatically renew a contract with a | 14 | | residential customer at a rate higher than the initial term | 15 | | of the contract or automatically change or renew a fixed | 16 | | contract to a variable rate contract. A residential | 17 | | customer may agree to a contract renewal at a rate higher | 18 | | than the initial term of the contract if the notice | 19 | | requirements in paragraph (iv) have been met and the | 20 | | residential customer expressly consents to the contract | 21 | | renewal in writing or by an electronic signature. A | 22 | | residential customer may void a variable rate contract | 23 | | unless the residential customer received a disclosure | 24 | | showing the prior 12 months under the variable rate | 25 | | contract and the disclosures required by paragraph (i) of | 26 | | subsection (e) before expressly consenting to the contract |
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| 1 | | renewal. | 2 | | (b) An alternative retail electric supplier shall obtain | 3 | | verifiable
authorization from a customer, in a form or manner | 4 | | approved by the Commission
consistent with Section 2EE of the | 5 | | Consumer Fraud and Deceptive Business
Practices Act, before the | 6 | | customer is switched from another supplier.
| 7 | | (c) No alternative retail electric supplier, or electric
| 8 | | utility other than the electric utility in whose service area
a | 9 | | customer is located, shall (i) enter into or employ any
| 10 | | arrangements which have the effect of preventing a retail
| 11 | | customer with a maximum electrical demand of less than one
| 12 | | megawatt from having access to the services of the electric
| 13 | | utility in whose service area the customer is located or (ii)
| 14 | | charge retail customers for such access. This subsection shall | 15 | | not be
construed to prevent an arms-length agreement between a
| 16 | | supplier and a retail customer that sets a term of service, | 17 | | notice
period for terminating service and provisions governing | 18 | | early
termination through a tariff or contract as allowed by | 19 | | Section 16-119.
| 20 | | (d) An alternative retail electric supplier that is
| 21 | | certified to serve residential or small commercial retail
| 22 | | customers shall not:
| 23 | | (1) deny service to a customer or group of customers
| 24 | | nor establish any differences as to prices, terms,
| 25 | | conditions, services, products, facilities, or in any
| 26 | | other respect, whereby such denial or differences are based |
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| 1 | | upon
race, gender or income , except as provided in Section | 2 | | 16-115E .
| 3 | | (2) deny service to a customer or group of customers | 4 | | based on locality
nor establish any unreasonable | 5 | | difference as to prices,
terms, conditions, services, | 6 | | products, or facilities as
between localities.
| 7 | | (e) An alternative retail electric supplier shall comply
| 8 | | with the following requirements with respect to the marketing,
| 9 | | offering and provision of products or services to residential
| 10 | | and small commercial retail customers:
| 11 | | (i) All Any marketing materials , including electronic | 12 | | marketing materials, in-person solicitations, and | 13 | | telephone solicitations, which make
statements concerning | 14 | | prices, terms and conditions
of service shall contain | 15 | | information that adequately
discloses the prices, terms , | 16 | | and conditions of the
products or services that the | 17 | | alternative retail
electric supplier is offering or | 18 | | selling to the
customer and the Historical Price to Compare | 19 | | from the immediately preceding 12 months as displayed on | 20 | | the Plug In Illinois website maintained by the Illinois | 21 | | Commerce Commission. The disclosure may group months | 22 | | during which the price to compare was unchanged. All | 23 | | marketing materials, including, but not limited to, | 24 | | electronic marketing materials, in-person solicitations, | 25 | | and telephone solicitations, shall include the following | 26 | | statement: "(Name of alternative retail electric supplier) |
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| 1 | | is not the same entity as your electric delivery company. | 2 | | You are not required to enroll with (name of alternative | 3 | | electric supplier). For information on comparison rates | 4 | | for electric supply service and understanding your | 5 | | electric supply choices, go to the Illinois Commerce | 6 | | Commission's free website at www.pluginillinois.org.". | 7 | | This paragraph does not apply to goodwill or institutional | 8 | | advertising .
| 9 | | (ii) Before any customer is switched from
another | 10 | | supplier, the alternative retail electric
supplier shall | 11 | | give the customer written information
that adequately | 12 | | discloses, in plain language, the
prices, terms and | 13 | | conditions of the products and
services being offered and | 14 | | sold to the customer.
| 15 | | (iii) An alternative retail electric supplier
shall | 16 | | provide documentation to the Commission and to
customers | 17 | | that substantiates any claims made by the
alternative | 18 | | retail electric supplier regarding the
technologies and | 19 | | fuel types used to generate the
electricity offered or sold | 20 | | to customers.
| 21 | | (iv) The alternative retail electric supplier
shall | 22 | | provide to the customer (1) itemized billing
statements | 23 | | that describe the products and services
provided to the | 24 | | customer and their prices, and (2)
an additional statement, | 25 | | at least annually, that
adequately discloses the average | 26 | | monthly prices, and
the terms and conditions, of the |
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| 1 | | products and
services sold to the customer.
| 2 | | (f) An alternative retail electric supplier may limit
the | 3 | | overall size or availability of a service offering by
| 4 | | specifying one or more of the following: a maximum number of
| 5 | | customers, maximum amount of electric load to be served, time
| 6 | | period during which the offering will be available, or other
| 7 | | comparable limitation, but not including the geographic
| 8 | | locations of customers within the area which the alternative
| 9 | | retail electric supplier is certificated to serve. The
| 10 | | alternative retail electric supplier shall file the terms and
| 11 | | conditions of such service offering including the applicable
| 12 | | limitations with the Commission prior to making the service
| 13 | | offering available to customers.
| 14 | | (g) Nothing in this Section shall be construed as
| 15 | | preventing an alternative retail electric supplier,
which is an | 16 | | affiliate of, or which contracts with, (i) an
industry or trade | 17 | | organization or association, (ii) a
membership organization or | 18 | | association that exists for a
purpose other than the purchase | 19 | | of electricity, or (iii)
another organization that meets | 20 | | criteria established in a rule
adopted by the Commission, from | 21 | | offering through the
organization or association services at | 22 | | prices, terms and
conditions that are available solely to the | 23 | | members of the
organization or association.
| 24 | | (Source: P.A. 90-561, eff. 12-16-97.)
| 25 | | (220 ILCS 5/16-115E new) |
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| 1 | | Sec. 16-115E. Alternative retail electric supplier; | 2 | | utility assistance recipient. | 3 | | (a) Beginning 90 days after the effective date of this | 4 | | amendatory Act of the 101st General Assembly, no customer who | 5 | | has received financial assistance within the preceding 12 | 6 | | months from the Low Income Home Energy Assistance Program or | 7 | | the Percentage of Income Payment Plan shall be switched to an | 8 | | alternative retail electric supplier, unless (1) the customer | 9 | | is switched pursuant to a governmental aggregation program | 10 | | adopted in accordance with Section 1-92 of the Illinois Power | 11 | | Agency Act, or (2) the customer is switched to a | 12 | | Commission-approved savings guarantee plan as described in | 13 | | subsection (b). | 14 | | (b) Beginning January 1, 2021, an alternative retail | 15 | | electric supplier may apply to the Commission to offer a | 16 | | savings guarantee plan to recipients of Low Income Home Energy | 17 | | Assistance or Percentage of Income Payment Plan funding. The | 18 | | Commission shall initiate a public, docketed proceeding to | 19 | | consider whether or not to approve an alternative retail | 20 | | electric supplier's application to offer a savings guarantee | 21 | | plan. At a minimum, the savings guarantee plan shall charge | 22 | | customers for electric supply an amount that is less than the | 23 | | amount the public utility charges for electric supply. The | 24 | | Commission shall adopt rules to implement this subsection. | 25 | | (c) An agreement entered into between an alternative retail | 26 | | electric supplier and a customer in violation of this Section |
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| 1 | | is void and unenforceable. If an alternative retail electric | 2 | | supplier attempts to enroll a customer in violation of this | 3 | | Section, the electric utility shall deny the supplier switch | 4 | | and inform the alternative retail electric supplier of the | 5 | | reason. The electric utility shall not be required to provide a | 6 | | customer with written notice of the denial of enrollment. The | 7 | | alternative retail electric supplier shall provide the | 8 | | customer with written notice of denial of enrollment.
| 9 | | (220 ILCS 5/16-118)
| 10 | | Sec. 16-118. Services provided by electric utilities to
| 11 | | alternative retail electric suppliers.
| 12 | | (a) It is in the best interest of Illinois energy
consumers | 13 | | to promote fair and open competition in the
provision of | 14 | | electric power and energy and to prevent
anticompetitive | 15 | | practices in the provision of electric power
and energy.
| 16 | | Therefore, to the extent an electric utility provides electric | 17 | | power and energy
or delivery services to alternative retail | 18 | | electric suppliers and such services
are not subject to the | 19 | | jurisdiction of the Federal Energy
Regulatory Commission, and | 20 | | are not competitive services, they
shall be provided through | 21 | | tariffs that are filed with the
Commission, pursuant to Article | 22 | | IX of this Act.
Each electric utility shall permit alternative
| 23 | | retail electric suppliers to interconnect facilities to those
| 24 | | owned by the utility provided they meet established standards
| 25 | | for such interconnection, and may provide standby or other
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| 1 | | services to alternative retail electric suppliers. The
| 2 | | alternative retail electric supplier shall sign a contract
| 3 | | setting forth the prices, terms and conditions for
| 4 | | interconnection with the electric utility and the prices,
terms | 5 | | and conditions for services provided by the electric
utility to | 6 | | the alternative retail electric supplier in
connection with the | 7 | | delivery by the electric utility of
electric power and energy | 8 | | supplied by the alternative retail
electric supplier.
| 9 | | (b) An electric utility shall file a tariff pursuant to | 10 | | Article IX of the
Act that would allow alternative retail | 11 | | electric suppliers or electric
utilities other than the | 12 | | electric utility in whose service area retail
customers are
| 13 | | located to issue single bills to the retail customers for both | 14 | | the services
provided by such alternative retail electric | 15 | | supplier or other electric utility
and the delivery services | 16 | | provided by the electric utility to such customers.
The tariff | 17 | | filed pursuant to this subsection shall (i) require partial | 18 | | payments
made by retail customers to be credited first to the | 19 | | electric utility's
tariffed services, (ii) impose commercially | 20 | | reasonable terms with respect to
credit and collection, | 21 | | including requests for deposits, (iii) retain the
electric | 22 | | utility's right to disconnect the retail customers, if it does | 23 | | not
receive payment for its tariffed services, in the same | 24 | | manner that it would be
permitted to if it had billed for the | 25 | | services itself, and (iv) require the
alternative retail | 26 | | electric supplier or other electric utility that elects the
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| 1 | | billing option provided by this tariff to include on each bill | 2 | | to retail
customers an identification of the electric utility | 3 | | providing the delivery
services and a listing of the charges | 4 | | applicable to such services. The tariff
filed pursuant to this | 5 | | subsection may also include other just and reasonable
terms and | 6 | | conditions. In addition,
an electric utility, an alternative | 7 | | retail electric
supplier or electric utility other than the | 8 | | electric utility
in whose service area the customer is located, | 9 | | and a customer
served by such alternative retail electric | 10 | | supplier or other
electric utility, may enter into an agreement | 11 | | pursuant to
which the alternative retail electric supplier or | 12 | | other
electric utility pays the charges specified in Section | 13 | | 16-108,
or other customer-related charges, including taxes and | 14 | | fees,
in lieu of such charges being recovered by the electric
| 15 | | utility directly from the customer. | 16 | | (c) An electric utility with more than 100,000 customers | 17 | | shall file a tariff pursuant to Article IX of this Act that | 18 | | provides alternative retail electric suppliers, and electric | 19 | | utilities other than the electric utility in whose service area | 20 | | the retail customers are located, with the option to have the | 21 | | electric utility purchase their receivables for power and | 22 | | energy service provided to residential retail customers and | 23 | | non-residential retail customers with a non-coincident peak | 24 | | demand of less than 400 kilowatts. Receivables for power and | 25 | | energy service of alternative retail electric suppliers or | 26 | | electric utilities other than the electric utility in whose |
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| 1 | | service area the retail customers are located shall be | 2 | | purchased by the electric utility at a just and reasonable | 3 | | discount rate to be reviewed and approved by the Commission | 4 | | after notice and hearing. The discount rate shall be based on | 5 | | the electric utility's historical bad debt and any reasonable | 6 | | start-up costs and administrative costs associated with the | 7 | | electric utility's purchase of receivables. The discounted | 8 | | rate for purchase of receivables shall be included in the | 9 | | tariff filed pursuant to this subsection (c). The discount rate | 10 | | filed pursuant to this subsection (c) shall be subject to | 11 | | periodic Commission review. The electric utility retains the | 12 | | right to impose the same terms on retail customers with respect | 13 | | to credit and collection, including requests for deposits, and | 14 | | retain the electric utility's right to disconnect the retail | 15 | | customers, if it does not receive payment for its tariffed | 16 | | services or purchased receivables, in the same manner that it | 17 | | would be permitted to if the retail customers purchased power | 18 | | and energy from the electric utility. The tariff filed pursuant | 19 | | to this subsection (c) shall permit the electric utility to | 20 | | recover from retail customers any uncollected receivables that | 21 | | may arise as a result of the purchase of receivables under this | 22 | | subsection (c), may also include other just and reasonable | 23 | | terms and conditions, and shall provide for the prudently | 24 | | incurred costs associated with the provision of this service | 25 | | pursuant to this subsection (c). Nothing in this subsection (c) | 26 | | permits the double recovery of bad debt expenses from |
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| 1 | | customers. | 2 | | (d) An electric utility with more than 100,000 customers | 3 | | shall file a tariff pursuant to Article IX of this Act that | 4 | | would provide alternative retail electric suppliers or | 5 | | electric utilities other than the electric utility in whose | 6 | | service area retail customers are located with the option to | 7 | | have the electric utility produce and provide single bills to | 8 | | the retail customers for both the electric power and energy | 9 | | service provided by the alternative retail electric supplier or | 10 | | other electric utility and the delivery services provided by | 11 | | the electric utility to the customers. The tariffs filed | 12 | | pursuant to this subsection shall require the electric utility | 13 | | to collect and remit customer payments for electric power and | 14 | | energy service provided by alternative retail electric | 15 | | suppliers or electric utilities other than the electric utility | 16 | | in whose service area retail customers are located. The tariff | 17 | | filed pursuant to this subsection shall require the electric | 18 | | utility to include on each bill to retail customers an | 19 | | identification of the alternative retail electric supplier or | 20 | | other electric utility that elects the billing option. The | 21 | | tariff filed pursuant to this subsection (d) may also include | 22 | | other just and reasonable terms and conditions and shall | 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.
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| 1 | | (e) An electric utility with more than 100,000 customers in | 2 | | this State shall file a tariff pursuant to Article IX of this | 3 | | Act that provides alternative retail electric suppliers, and | 4 | | electric utilities other than the electric utility in whose | 5 | | service area the retail customers are located, with the option | 6 | | to have the electric utility purchase 2 billing cycles worth of | 7 | | uncollectible receivables for power and energy service | 8 | | provided to residential retail customers and to | 9 | | non-residential retail customers with a non-coincident peak | 10 | | demand of less than 400 kilowatts upon returning that customer | 11 | | to that electric utility for delivery and energy service after | 12 | | that alternative retail electric supplier, or an electric | 13 | | utility other than the electric utility in whose service area | 14 | | the retail customer is located, has made reasonable collection | 15 | | efforts on that account. Uncollectible receivables for power | 16 | | and energy service of alternative retail electric suppliers, or | 17 | | electric utilities other than the electric utility in whose | 18 | | service area the retail customers are located, shall be | 19 | | purchased by the electric utility at a just and reasonable | 20 | | discount rate to be reviewed and approved by the Commission, | 21 | | after notice and hearing. The discount rate shall be based on | 22 | | the electric utility's historical bad debt for receivables that | 23 | | are outstanding for a similar length of time and any reasonable | 24 | | start-up costs and administrative costs associated with the | 25 | | electric utility's purchase of receivables. The discounted | 26 | | rate for purchase of uncollectible receivables shall be |
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| 1 | | included in the tariff filed pursuant to this subsection (e). | 2 | | The electric utility retains the right to impose the same terms | 3 | | on these retail customers with respect to credit and | 4 | | collection, including requests for deposits, and retains the | 5 | | right to disconnect these retail customers, if it does not | 6 | | receive payment for its tariffed services or purchased | 7 | | receivables, in the same manner that it would be permitted to | 8 | | if the retail customers had purchased power and energy from the | 9 | | electric utility. The tariff filed pursuant to this subsection | 10 | | (e) shall permit the electric utility to recover from retail | 11 | | customers any uncollectable receivables that may arise as a | 12 | | result of the purchase of uncollectible receivables under this | 13 | | subsection (e), may also include other just and reasonable | 14 | | terms and conditions, and shall provide for the prudently | 15 | | incurred costs associated with the provision of this service | 16 | | pursuant to this subsection (e). Nothing in this subsection (e) | 17 | | permits the double recovery of utility bad debt expenses from | 18 | | customers. The electric utility may file a joint tariff for | 19 | | this subsection (e) and subsection (c) of this Section.
| 20 | | (f) Every alternative retail electric supplier or electric | 21 | | utility other than the electric utility in whose service area | 22 | | retail customers are located that issues single bills to the | 23 | | retail customers for the services provided by such alternative | 24 | | retail electric supplier or other electric utility and the | 25 | | delivery services provided by the electric utility to such | 26 | | customers shall include on the single bills issued to |
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| 1 | | residential customers the current utility supply charge that | 2 | | would apply to the customer for the billing period if the | 3 | | customer obtained supply from the utility, including all fixed | 4 | | or monthly supply charges and other charges, credits, or rates | 5 | | that are part of the electric supply price. The description of | 6 | | the current utility supply charge shall be highlighted on the | 7 | | bill and also include a description in the Spanish language. | 8 | | (g) Every electric utility that provides delivery and | 9 | | supply services shall include on each bill to residential | 10 | | customers who obtain supply from an alternative retail electric | 11 | | supplier the electric utility's total supply charge that would | 12 | | apply to the customer for the billing period if the customer | 13 | | obtained supply from the utility, including all fixed or | 14 | | monthly supply charges and other charges, credits, or rates | 15 | | that are part of the electric supply price. The description of | 16 | | the current utility supply charges shall be highlighted on the | 17 | | bill and also include a description in the Spanish language. | 18 | | (Source: P.A. 95-700, eff. 11-9-07.)
| 19 | | (220 ILCS 5/19-115)
| 20 | | Sec. 19-115. Obligations of alternative gas suppliers.
| 21 | | (a) The provisions of this Section shall apply only to | 22 | | alternative gas
suppliers
serving or seeking to serve | 23 | | residential or small commercial customers and
only to the | 24 | | extent such
alternative gas suppliers provide services to | 25 | | residential or small
commercial customers.
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| 1 | | (b) An alternative gas supplier shall:
| 2 | | (1) comply with the requirements imposed on public | 3 | | utilities by Sections
8-201 through 8-207, 8-301, 8-505 and | 4 | | 8-507 of this Act, to the
extent that these Sections have | 5 | | application to the services being
offered by the | 6 | | alternative gas supplier;
| 7 | | (2) continue to comply with the requirements for | 8 | | certification stated
in
Section 19-110;
| 9 | | (3) comply with complaint procedures established by | 10 | | the Commission; | 11 | | (4) except as provided in subsection (h) of this | 12 | | Section, file with the Chief Clerk of the Commission, | 13 | | within 20 business days after the effective date of this | 14 | | amendatory Act of the 95th General Assembly, a copy of bill | 15 | | formats, standard customer contract and customer complaint | 16 | | and resolution procedures, and the name and telephone | 17 | | number of the company representative whom Commission | 18 | | employees may contact to resolve customer complaints and | 19 | | other matters. In the case of a gas supplier that engages | 20 | | in door-to-door solicitation, the company shall file with | 21 | | the Commission the consumer information disclosure | 22 | | required by item (3) of subsection (c) of Section 2DDD of | 23 | | the Consumer Fraud and Deceptive Business Practices Act and | 24 | | shall file updated information within 10 business days | 25 | | after changes in any of the documents or information | 26 | | required to be filed by this item (4); and |
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| 1 | | (5) maintain a customer call center where customers can | 2 | | reach a representative and receive current information. At | 3 | | least once every 6 months, each alternative gas supplier | 4 | | shall provide written information to customers explaining | 5 | | how to contact the call center. The average answer time for | 6 | | calls placed to the call center shall not exceed 60 seconds | 7 | | where a representative or automated system is ready to | 8 | | render assistance and/or accept information to process | 9 | | calls. The abandon rate for calls placed to the call center | 10 | | shall not exceed 10%. Each alternative gas supplier shall | 11 | | maintain records of the call center's telephone answer time | 12 | | performance and abandon call rate. These records shall be | 13 | | kept for a minimum of 2 years and shall be made available | 14 | | to Commission personnel upon request. In the event that | 15 | | answer times and/or abandon rates exceed the limits | 16 | | established above, the reporting alternative gas supplier | 17 | | may provide the Commission or its personnel with | 18 | | explanatory details. At a minimum, these records shall | 19 | | contain the following information in monthly increments: | 20 | | (A) total number of calls received; | 21 | | (B) number of calls answered; | 22 | | (C) average answer time; | 23 | | (D) number of abandoned calls; and | 24 | | (E) abandon call rate. | 25 | | (6) make publicly available on its website, without the | 26 | | need for a customer login, rate information for all of its |
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| 1 | | variable, time-of-use, and fixed rate contracts currently | 2 | | available to residential customers, including, but not | 3 | | limited to, fixed monthly charges, early termination | 4 | | charges, and kilowatt-hour charges; | 5 | | (7) no less than 30 days, but no more than 60 days, | 6 | | before a residential customer's price per therm or other | 7 | | charge changes, send a separate written notice by United | 8 | | States mail or electronic mail, as specified by the | 9 | | residential customer, addressed to the residential | 10 | | customer informing the residential customer of the | 11 | | upcoming change in price or other charge; the changed price | 12 | | per therm or other charge shall be included in the notice | 13 | | and shall not require the residential customer to visit or | 14 | | log on to a website to obtain the change in price or other | 15 | | charge; the telephone number and email address to contact | 16 | | the supplier shall be included in the notice; and | 17 | | (8) not automatically renew a contract with a | 18 | | residential customer at a rate higher than the initial term | 19 | | of the contract or automatically change or renew a fixed | 20 | | contract to a variable rate contract. A residential | 21 | | customer may agree to a contract renewal at a rate higher | 22 | | than the initial term of the contract if the notice | 23 | | requirements in paragraph (7) have been met and the | 24 | | residential customer expressly consents to the contract | 25 | | renewal in writing or by an electronic signature. A | 26 | | residential customer may void a variable rate contract |
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| 1 | | unless the residential customer received a disclosure | 2 | | showing the prior 12 months under the variable rate | 3 | | contract and the disclosures required by paragraph (1) of | 4 | | subsection (g) before expressly consenting to the contract | 5 | | renewal. | 6 | | Alternative gas suppliers that do not have electronic | 7 | | answering capability that meets these requirements shall | 8 | | notify the Manager of the Commission's Consumer Services | 9 | | Division or its successor within 30 days following the | 10 | | effective date of this amendatory Act of the 95th General | 11 | | Assembly and work with Staff to develop individualized | 12 | | reporting requirements as to the call volume and responsiveness | 13 | | of the call center. | 14 | | On or before March 1 of every year, each entity shall file | 15 | | a report with the Chief Clerk of the Commission for the | 16 | | preceding calendar year on its answer time and abandon call | 17 | | rate for its call center. A copy of the report shall be sent to | 18 | | the Manager of the Consumer Services Division or its successor. | 19 | | (c) An alternative gas supplier shall not submit or execute | 20 | | a change in a customer's selection of a natural gas provider | 21 | | unless and until (i) the alternative gas supplier first | 22 | | discloses all material terms and conditions of the offer , | 23 | | including price, to the customer; (ii) the alternative gas | 24 | | supplier has obtained the customer's express agreement to | 25 | | accept the offer after the disclosure of all material terms and | 26 | | conditions of the offer; and (iii) the alternative gas supplier |
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| 1 | | has confirmed the request for a change in accordance with one | 2 | | of the following procedures: | 3 | | (1) The alternative gas supplier has obtained the | 4 | | customer's written or electronically signed authorization | 5 | | in a form that meets the following requirements: | 6 | | (A) An alternative gas supplier shall obtain any | 7 | | necessary written or electronically signed | 8 | | authorization from a customer for a change in natural | 9 | | gas service by using a letter of agency as specified in | 10 | | this Section. Any letter of agency that does not | 11 | | conform with this Section is invalid. | 12 | | (B) The letter of agency shall be a separate | 13 | | document (or an easily separable document containing | 14 | | only the authorization language described in item (E) | 15 | | of this paragraph (1)) whose sole purpose is to | 16 | | authorize a natural gas provider change. The letter of | 17 | | agency must be signed and dated by the customer | 18 | | requesting the natural gas provider change. | 19 | | (C) The letter of agency shall not be combined with | 20 | | inducements of any kind on the same document. | 21 | | (D) Notwithstanding items (A) and (B) of this | 22 | | paragraph (1), the letter of agency may be combined | 23 | | with checks that contain only the required letter of | 24 | | agency language prescribed in item (E) of this | 25 | | paragraph (1) and the necessary information to make the | 26 | | check a negotiable instrument. The letter of agency |
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| 1 | | check shall not contain any promotional language or | 2 | | material. The letter of agency check shall contain in | 3 | | easily readable, bold face type on the face of the | 4 | | check a notice that the consumer is authorizing a | 5 | | natural gas provider change by signing the check. The | 6 | | letter of agency language also shall be placed near the | 7 | | signature line on the back of the check. | 8 | | (E) At a minimum, the letter of agency must be | 9 | | printed with a print of sufficient size to be clearly | 10 | | legible and must contain clear and unambiguous | 11 | | language that confirms: | 12 | | (i) the customer's billing name and address; | 13 | | (ii) the decision to change the natural gas | 14 | | provider from the current provider to the | 15 | | prospective alternative gas supplier; | 16 | | (iii) the terms, conditions, and nature of the | 17 | | service to be provided to the customer, including, | 18 | | but not limited to, the rates for the service | 19 | | contracted for by the customer; and | 20 | | (iv) that the customer understands that any | 21 | | natural gas provider selection the customer | 22 | | chooses may involve a charge to the customer for | 23 | | changing the customer's natural gas provider. | 24 | | (F) Letters of agency shall not suggest or require | 25 | | that a customer take some action in order to retain the | 26 | | customer's current natural gas provider. |
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| 1 | | (G) If any portion of a letter of agency is | 2 | | translated into another language, then all portions of | 3 | | the letter of agency must be translated into that | 4 | | language. | 5 | | (2) An appropriately qualified independent third party | 6 | | has obtained, in accordance with the procedures set forth | 7 | | in this paragraph (2), the customer's oral authorization to | 8 | | change natural gas providers that confirms and includes | 9 | | appropriate verification data. The independent third party | 10 | | must (i) not be owned, managed, controlled, or directed by | 11 | | the alternative gas supplier or the alternative gas | 12 | | supplier's marketing agent; (ii) not have any financial | 13 | | incentive to confirm provider change requests for the | 14 | | alternative gas supplier or the alternative gas supplier's | 15 | | marketing agent; and (iii) operate in a location physically | 16 | | separate from the alternative gas supplier or the | 17 | | alternative gas supplier's marketing agent. Automated | 18 | | third-party verification systems and 3-way conference | 19 | | calls may be used for verification purposes so long as the | 20 | | other requirements of this paragraph (2) are satisfied. An | 21 | | alternative gas supplier or alternative gas supplier's | 22 | | sales representative initiating a 3-way conference call or | 23 | | a call through an automated verification system must drop | 24 | | off the call once the 3-way connection has been | 25 | | established. All third-party verification methods shall | 26 | | elicit, at a minimum, the following information: |
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| 1 | | (A) the identity of the customer; | 2 | | (B) confirmation that the person on the call is | 3 | | authorized to make the provider change; | 4 | | (C) confirmation that the person on the call wants | 5 | | to make the provider change; | 6 | | (D) the names of the providers affected by the | 7 | | change; | 8 | | (E) the service address of the service to be | 9 | | switched; and | 10 | | (F) the price of the service to be provided and the | 11 | | material terms and conditions of the service being | 12 | | offered, including whether any early termination fees | 13 | | apply. | 14 | | Third-party verifiers may not market the alternative | 15 | | gas supplier's services by providing additional | 16 | | information. All third-party verifications shall be | 17 | | conducted in the same language that was used in the | 18 | | underlying sales transaction and shall be recorded in their | 19 | | entirety. Submitting alternative gas suppliers shall | 20 | | maintain and preserve audio records of verification of | 21 | | customer authorization for a minimum period of 2 years | 22 | | after obtaining the verification. Automated systems must | 23 | | provide customers with an option to speak with a live | 24 | | person at any time during the call. | 25 | | (3) The alternative gas supplier has obtained the | 26 | | customer's authorization via an automated verification |
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| 1 | | system to change natural gas service via telephone. An | 2 | | automated verification system is an electronic system | 3 | | that, through pre-recorded prompts, elicits voice | 4 | | responses, touchtone responses, or both, from the customer | 5 | | and records both the prompts and the customer's responses. | 6 | | Such authorization must elicit the information in | 7 | | paragraph (2)(A) through (F) of this subsection (c). | 8 | | Alternative gas suppliers electing to confirm sales | 9 | | electronically through an automated verification system | 10 | | shall establish one or more toll-free telephone numbers | 11 | | exclusively for that purpose. Calls to the number or | 12 | | numbers shall connect a customer to a voice response unit, | 13 | | or similar mechanism, that makes a date-stamped, | 14 | | time-stamped recording of the required information | 15 | | regarding the alternative gas supplier change. | 16 | | The alternative gas supplier shall not use such | 17 | | electronic authorization systems to market its services. | 18 | | (4) When a consumer initiates the call to the | 19 | | prospective alternative gas supplier, in order to enroll | 20 | | the consumer as a customer, the prospective alternative gas | 21 | | supplier must, with the consent of the customer, make a | 22 | | date-stamped, time-stamped audio recording that elicits, | 23 | | at a minimum, the following information: | 24 | | (A) the identity of the customer; | 25 | | (B) confirmation that the person on the call is | 26 | | authorized to make the provider change; |
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| 1 | | (C) confirmation that the person on the call wants | 2 | | to make the provider change; | 3 | | (D) the names of the providers affected by the | 4 | | change; | 5 | | (E) the service address of the service to be | 6 | | switched; and | 7 | | (F) the price of the service to be supplied and the | 8 | | material terms and conditions of the service being | 9 | | offered, including whether any early termination fees | 10 | | apply. | 11 | | Submitting alternative gas suppliers shall maintain | 12 | | and preserve the audio records containing the information | 13 | | set forth above for a minimum period of 2 years. | 14 | | (5) In the event that a customer enrolls for service | 15 | | from an alternative gas supplier via an Internet website, | 16 | | the alternative gas supplier shall obtain an | 17 | | electronically signed letter of agency in accordance with | 18 | | paragraph (1) of this subsection (c) and any customer | 19 | | information shall be protected in accordance with all | 20 | | applicable statutes and regulations. In addition, an | 21 | | alternative gas supplier shall provide the following when | 22 | | marketing via an Internet website: | 23 | | (A) The Internet enrollment website shall, at a | 24 | | minimum, include: | 25 | | (i) a copy of the alternative gas supplier's | 26 | | customer contract that clearly and conspicuously |
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| 1 | | discloses all terms and conditions; and | 2 | | (ii) a conspicuous prompt for the customer to | 3 | | print or save a copy of the contract. | 4 | | (B) Any electronic version of the contract shall be | 5 | | identified by version number, in order to ensure the | 6 | | ability to verify the particular contract to which the | 7 | | customer assents. | 8 | | (C) Throughout the duration of the alternative gas | 9 | | supplier's contract with a customer, the alternative | 10 | | gas supplier shall retain and, within 3 business days | 11 | | of the customer's request, provide to the customer an | 12 | | e-mail, paper, or facsimile of the terms and conditions | 13 | | of the numbered contract version to which the customer | 14 | | assents. | 15 | | (D) The alternative gas supplier shall provide a | 16 | | mechanism by which both the submission and receipt of | 17 | | the electronic letter of agency are recorded by time | 18 | | and date. | 19 | | (E) After the customer completes the electronic | 20 | | letter of agency, the alternative gas supplier shall | 21 | | disclose conspicuously through its website that the | 22 | | customer has been enrolled, and the alternative gas | 23 | | supplier shall provide the customer an enrollment | 24 | | confirmation number. | 25 | | (6) When a customer is solicited in person by the | 26 | | alternative gas supplier's sales agent, the alternative |
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| 1 | | gas supplier may only obtain the customer's authorization | 2 | | to change natural gas service through the method provided | 3 | | for in paragraph (2) of this subsection (c). | 4 | | Alternative gas suppliers must be in compliance with this | 5 | | subsection (c) within 90 days after the effective date of this | 6 | | amendatory Act of the 95th General Assembly. | 7 | | (d) Complaints may be filed with the Commission under this | 8 | | Section by a customer whose natural gas service has been | 9 | | provided by an alternative gas supplier in a manner not in | 10 | | compliance with subsection (c) of this Section. If, after | 11 | | notice and hearing, the Commission finds that an alternative | 12 | | gas supplier has violated subsection (c), then the Commission | 13 | | may in its discretion do any one or more of the following: | 14 | | (1) Require the violating alternative gas supplier to | 15 | | refund the customer charges collected in excess of those | 16 | | that would have been charged by the customer's authorized | 17 | | natural gas provider. | 18 | | (2) Require the violating alternative gas supplier to | 19 | | pay to the customer's authorized natural gas provider the | 20 | | amount the authorized natural gas provider would have | 21 | | collected for natural gas service. The Commission is | 22 | | authorized to reduce this payment by any amount already | 23 | | paid by the violating alternative gas supplier to the | 24 | | customer's authorized natural gas provider. | 25 | | (3) Require the violating alternative gas supplier to | 26 | | pay a fine of up to $1,000 into the Public Utility Fund for |
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| 1 | | each repeated and intentional violation of this Section. | 2 | | (4) Issue a cease and desist order. | 3 | | (5) For a pattern of violation of this Section or for | 4 | | intentionally violating a cease and desist order, revoke | 5 | | the violating alternative gas supplier's certificate of | 6 | | service authority.
| 7 | | (e) No alternative gas supplier shall:
| 8 | | (1) enter into or employ any
arrangements which have | 9 | | the effect of preventing any customer from having
access to
| 10 | | the services of the gas utility in whose service area the | 11 | | customer is located;
| 12 | | (2) charge customers for such access;
| 13 | | (3) bill for goods or services not authorized by the | 14 | | customer; or | 15 | | (4) bill for a disputed amount where the alternative | 16 | | gas supplier has been provided notice of such dispute. The | 17 | | supplier shall attempt to resolve a dispute with the | 18 | | customer. When the dispute is not resolved to the | 19 | | customer's satisfaction, the supplier shall inform the | 20 | | customer of the right to file an informal complaint with | 21 | | the Commission and provide contact information. While the | 22 | | pending dispute is active at the Commission, an alternative | 23 | | gas supplier may bill only for the undisputed amount until | 24 | | the Commission has taken final action on the complaint. | 25 | | (f) An alternative gas supplier that is certified to serve | 26 | | residential
or small commercial customers shall not:
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| 1 | | (1) deny service to a customer or group of customers | 2 | | nor
establish any differences as to prices, terms,
| 3 | | conditions, services, products, facilities, or in any | 4 | | other respect, whereby
such denial or differences are based | 5 | | upon race, gender, or income except as provided in Section | 6 | | 19-116 ;
| 7 | | (2) deny service based on locality, nor establish any | 8 | | unreasonable
difference as to prices, terms, conditions, | 9 | | services, products, or facilities
as
between localities;
| 10 | | (3) include in any agreement a provision that obligates | 11 | | a customer to the terms of the agreement if the customer | 12 | | (i) moves outside the State of Illinois; (ii) moves to a | 13 | | location without a transportation service program; or | 14 | | (iii) moves to a location where the customer will not | 15 | | require natural gas service, provided that nothing in this | 16 | | subsection precludes an alternative gas supplier from | 17 | | taking any action otherwise available to it to collect a | 18 | | debt that arises out of service provided to the customer | 19 | | before the customer moved; or | 20 | | (4) assign the agreement to any alternative natural gas | 21 | | supplier, unless: | 22 | | (A) the supplier is an alternative gas supplier | 23 | | certified by the Commission; | 24 | | (B) the rates, terms, and conditions of the | 25 | | agreement being assigned do not change during the | 26 | | remainder of the time covered by the agreement; |
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| 1 | | (C) the customer is given no less than 30 days | 2 | | prior written notice of the assignment and contact | 3 | | information for the new supplier; and | 4 | | (D) the supplier assigning the contract provides | 5 | | contact information that a customer can use to resolve | 6 | | a dispute. | 7 | | (g) An alternative gas supplier shall comply with the | 8 | | following requirements
with respect to the marketing, | 9 | | offering, and provision of products or services:
| 10 | | (1) All Any marketing materials , including electronic | 11 | | marketing materials, in-person solicitations, and | 12 | | telephone solicitations, which make statements concerning | 13 | | prices,
terms, and conditions of service shall contain | 14 | | information that
adequately discloses the prices, terms | 15 | | and conditions of the products
or services and shall | 16 | | contain the immediately preceding 12 months as displayed on | 17 | | the Natural Gas Choice website maintained by the Illinois | 18 | | Commerce Commission. The disclosure may group months | 19 | | during which the price to compare was unchanged. All | 20 | | marketing materials, including, but not limited to, | 21 | | electronic marketing materials, in-person solicitations, | 22 | | and telephone solicitations, shall include the following | 23 | | statement: "(Name of alternative natural gas supplier) is | 24 | | not the same entity as your natural gas delivery company. | 25 | | You are not required to enroll with (name of alternative | 26 | | gas supplier). For information on comparison rates for |
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| 1 | | natural gas supply service and understanding your natural | 2 | | gas supply choices, go to the Illinois Commerce | 3 | | Commission's free website at | 4 | | www.icc.illinois.gov/ags/consuumereducation.aspx.". This | 5 | | paragraph does not apply to goodwill or institutional | 6 | | advertising .
| 7 | | (2) Before any customer is switched from another | 8 | | supplier, the
alternative gas supplier shall give the | 9 | | customer written information
that clearly and | 10 | | conspicuously discloses, in plain language, the prices, | 11 | | terms, and
conditions of the products and services being | 12 | | offered and sold to the
customer. Nothing in this paragraph | 13 | | (2) may be read to relieve an alternative gas supplier from | 14 | | the duties imposed on it by item (3) of subsection (c) of | 15 | | Section 2DDD of the Consumer Fraud and Deceptive Business | 16 | | Practices Act.
| 17 | | (3) The alternative gas supplier shall provide to the | 18 | | customer:
| 19 | | (A) accurate, timely, and itemized billing | 20 | | statements that describe
the products and services
| 21 | | provided to the customer and their prices
and that | 22 | | specify the
gas consumption amount and any service
| 23 | | charges and taxes; provided that this item (g)(3)(A) | 24 | | does not apply to small
commercial customers;
| 25 | | (B) billing statements that clearly and | 26 | | conspicuously discloses the name and contact |
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| 1 | | information for the alternative gas supplier; | 2 | | (C) an additional
statement, at least annually, | 3 | | that adequately discloses the average
monthly prices, | 4 | | and the terms and conditions, of the products and
| 5 | | services sold to the customer; provided that this item | 6 | | (g)(3)(C) does not
apply to small commercial | 7 | | customers;
| 8 | | (D) refunds of any deposits with interest within 30 | 9 | | days after the
date
that the customer changes gas | 10 | | suppliers or discontinues service if the customer
has | 11 | | satisfied all of his or her outstanding financial | 12 | | obligations to the
alternative gas supplier at an | 13 | | interest rate set by the Commission which shall
be the | 14 | | same as that required of gas utilities; and
| 15 | | (E) refunds, in a timely fashion, of all undisputed | 16 | | overpayments upon
the oral or written request of the | 17 | | customer.
| 18 | | (4) An alternative gas supplier and its sales agents | 19 | | shall refrain from any direct marketing or soliciting to | 20 | | consumers on the gas utility's "Do Not Contact List", which | 21 | | the alternative gas supplier shall obtain on the 15th | 22 | | calendar day of the month from the gas utility in whose | 23 | | service area the consumer is provided with gas service. If | 24 | | the 15th calendar day is a non-business day, then the | 25 | | alternative gas supplier shall obtain the list on the next | 26 | | business day following the 15th calendar day of that month. |
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| 1 | | (5) Early Termination. | 2 | | (A) Any agreement that contains an early | 3 | | termination clause shall disclose the amount of the | 4 | | early termination fee, provided that any early | 5 | | termination fee or penalty shall not exceed $50 total, | 6 | | regardless of whether or not the agreement is a | 7 | | multiyear agreement. | 8 | | (B) In any agreement that contains an early | 9 | | termination clause, an alternative gas supplier shall | 10 | | provide the customer the opportunity to terminate the | 11 | | agreement without any termination fee or penalty | 12 | | within 10 business days after the date of the first | 13 | | bill issued to the customer for products or services | 14 | | provided by the alternative gas supplier. The | 15 | | agreement shall disclose the opportunity and provide a | 16 | | toll-free phone number that the customer may call in | 17 | | order to terminate the agreement. | 18 | | (6) Within 2 business days after electronic receipt of | 19 | | a customer switch from the alternative gas supplier and | 20 | | confirmation of eligibility, the gas utility shall provide | 21 | | the customer written notice confirming the switch. The gas | 22 | | utility shall not switch the service until 10 business days | 23 | | after the date on the notice to the customer. | 24 | | (7) The alternative gas supplier shall provide each | 25 | | customer the opportunity to rescind its agreement without | 26 | | penalty within 10 business days after the date on the gas |
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| 1 | | utility notice to the customer. The alternative gas | 2 | | supplier shall disclose all of the following: | 3 | | (A) that the gas utility shall send a notice | 4 | | confirming the switch; | 5 | | (B) that from the date the utility issues the | 6 | | notice confirming the switch, the customer shall have | 7 | | 10 business days to rescind the switch without penalty; | 8 | | (C) that the customer shall contact the gas utility | 9 | | or the alternative gas supplier to rescind the switch; | 10 | | and | 11 | | (D) the contact information for the gas utility. | 12 | | The alternative gas supplier disclosure shall be | 13 | | included in its sales solicitations, contracts, and all | 14 | | applicable sales verification scripts. | 15 | | (h) An alternative gas supplier may limit the overall size | 16 | | or availability
of
a
service offering by specifying one or more | 17 | | of the following:
| 18 | | (1) a maximum number
of
customers and maximum amount of | 19 | | gas load to be served;
| 20 | | (2) time period during which
the
offering will be | 21 | | available; or
| 22 | | (3) other comparable limitation, but not including
the
| 23 | | geographic locations of customers within the area which the | 24 | | alternative gas
supplier is
certificated to serve.
| 25 | | The alternative gas supplier shall file the terms and
| 26 | | conditions of
such service offering including the applicable |
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| 1 | | limitations with the Commission
prior to
making the service | 2 | | offering available to customers.
| 3 | | (i) Nothing in this Section shall be construed as | 4 | | preventing an alternative
gas
supplier that is an affiliate of, | 5 | | or which contracts with,
(i) an industry or
trade
organization | 6 | | or association,
(ii) a membership organization or association | 7 | | that
exists for
a purpose other than the purchase of gas, or
| 8 | | (iii) another organization that
meets criteria
established in a | 9 | | rule adopted by the Commission from offering through the
| 10 | | organization
or association services at prices, terms and | 11 | | conditions that are available
solely to the
members of the | 12 | | organization or association.
| 13 | | (Source: P.A. 95-1051, eff. 4-10-09.)
| 14 | | (220 ILCS 5/19-116 new) | 15 | | Sec. 19-116. Alternative gas supplier; utility assistance | 16 | | recipient. | 17 | | (a) Beginning 90 days after the effective date of this | 18 | | amendatory Act of the 101st General Assembly, no customer who | 19 | | has received financial assistance within the preceding 12 | 20 | | months from the Low Income Home Energy Assistance Program or | 21 | | Percentage of Income Payment Plan shall be switched to an | 22 | | alternative gas supplier unless customer is switched to a | 23 | | Commission-approved savings guarantee plan as described in | 24 | | subsection (b). | 25 | | (b) Beginning January 1, 2021, an alternative gas supplier |
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| 1 | | may apply to the Commission to offer a savings guarantee plan | 2 | | to recipients of Low Income Home Energy Assistance Program or | 3 | | Percentage of Income Payment Plan funding. The Commission shall | 4 | | initiate a public, docketed proceeding to consider whether or | 5 | | not to approve an alternative natural gas supplier's | 6 | | application to offer a savings guarantee plan. At a minimum, | 7 | | the savings guarantee plan shall charge a customer for natural | 8 | | gas supply in an amount that is less than the amount the public | 9 | | utility charges for natural gas supply. The Commission shall | 10 | | adopt rules to implement this subsection. | 11 | | (c) An agreement entered into between an alternative gas | 12 | | supplier and a customer in violation of this Section is void | 13 | | and unenforceable. If an alternative gas supplier attempts to | 14 | | enroll a customer in violation of this Section, the gas utility | 15 | | shall deny the supplier switch and inform the alternative gas | 16 | | supplier of the reason. The gas utility shall not be required | 17 | | to provide a customer with written notice of the denial of | 18 | | enrollment. The alternative gas supplier shall provide the | 19 | | customer with written notice of denial of enrollment.
| 20 | | (220 ILCS 5/19-135)
| 21 | | Sec. 19-135. Single billing. | 22 | | (a) It is the intent of the General Assembly
that in any | 23 | | service
area where customers are able to choose their natural | 24 | | gas supplier, a single
billing option shall be offered to | 25 | | customers for both the services provided by
the alternative gas |
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| 1 | | supplier and the delivery services provided by the gas
utility. | 2 | | A gas utility shall file a tariff pursuant to Article IX of | 3 | | this Act
that allows alternative gas suppliers to issue single | 4 | | bills to residential and
small commercial customers for both | 5 | | the services provided by the alternative
gas supplier and the | 6 | | delivery services provided by the gas utility to
customers; | 7 | | provided that if a form of single billing is being offered in a | 8 | | gas
utility's service area on the effective date of this | 9 | | amendatory Act of the
92nd General Assembly, that form of | 10 | | single billing shall remain in effect
unless and until | 11 | | otherwise ordered by the Commission. Every alternative gas | 12 | | supplier that issues a single bill for delivery and supply | 13 | | shall include on the single bill issued to a residential | 14 | | customer the current utility supply charge that would apply to | 15 | | the customer for the billing period if the customer obtained | 16 | | supply from the utility, including all fixed or monthly supply | 17 | | charges and other charges, credits, or rates that are part of | 18 | | the gas supply price. The description of the current utility | 19 | | supply charge shall be highlighted on the bill and also include | 20 | | a description in the Spanish language.
| 21 | | (b) Every gas utility that offers supply choice and | 22 | | provides delivery and alternative gas supply service on a | 23 | | single bill to its residential customers shall include on the | 24 | | bill of each residential customer who purchases supply services | 25 | | from an alternative gas supplier the gas utility's total supply | 26 | | charge for the billing period that would apply to the customer |
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| 1 | | for the billing period if the customer obtained supply from the | 2 | | utility, including all fixed or monthly supply charges and | 3 | | other charges, credits, or rates that are part of the gas | 4 | | supply price. The description of the current utility supply | 5 | | charge shall be highlighted on the bill and also include a | 6 | | description in the Spanish language. | 7 | | (Source: P.A. 92-852, eff. 8-26-02.)
| 8 | | Section 10. The Consumer Fraud and Deceptive Business | 9 | | Practices Act is amended by changing Sections 2EE and 2DDD as | 10 | | follows:
| 11 | | (815 ILCS 505/2EE)
| 12 | | Sec. 2EE. Electric service provider selection. An electric | 13 | | service provider shall not submit or execute
a change in a | 14 | | subscriber's selection of a provider of electric
service unless | 15 | | and until (i) the provider first discloses all material terms | 16 | | and conditions of the offer to the subscriber; (ii) the | 17 | | provider has obtained the subscriber's express agreement to | 18 | | accept the offer after the disclosure of all material terms and | 19 | | conditions of the offer; and (iii) the provider has confirmed | 20 | | the request for a change in accordance with one of the | 21 | | following procedures:
| 22 | | (a) The new electric service provider has obtained the
| 23 | | subscriber's
written or electronically signed
authorization in | 24 | | a form that meets the
following requirements:
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| 1 | | (1) An electric service provider shall obtain any
| 2 | | necessary written or electronically signed authorization | 3 | | from a subscriber for a
change in electric service by using | 4 | | a letter of agency as
specified in this
Section. Any letter | 5 | | of agency that does
not conform with this
Section is | 6 | | invalid.
| 7 | | (2) The letter of agency shall be a separate
document | 8 | | (an easily separable document containing only
the | 9 | | authorization language described in subparagraph (a)(5)
of | 10 | | this
Section) whose sole purpose is to authorize an
| 11 | | electric service provider change. The letter of agency
must | 12 | | be signed and dated by the subscriber requesting the
| 13 | | electric service provider change.
| 14 | | (3) The letter of agency shall not be combined with
| 15 | | inducements of any kind on the same document.
| 16 | | (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
| 17 | | this
Section, the letter of agency may be combined with
| 18 | | checks that contain only the required letter of agency
| 19 | | language prescribed in subparagraph (a)(5)
of this Section | 20 | | and
the necessary information to make the check a | 21 | | negotiable
instrument. The letter of agency check shall not | 22 | | contain
any promotional language or material. The letter of
| 23 | | agency check shall contain in easily readable, bold-face
| 24 | | type on the face of the check, a notice that the consumer
| 25 | | is authorizing an electric service provider change by
| 26 | | signing the check. The letter of agency language also
shall |
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| 1 | | be placed near the signature line on the back of
the check.
| 2 | | (5) At a minimum, the letter of agency must be
printed | 3 | | with a print of sufficient size to be clearly
legible, and | 4 | | must contain clear and unambiguous language
that confirms:
| 5 | | (i) The subscriber's billing name and address;
| 6 | | (ii) The decision to change the electric service
| 7 | | provider from the current provider to the
prospective | 8 | | provider;
| 9 | | (iii) The terms, conditions, and nature of the
| 10 | | service to be provided to the subscriber must be
| 11 | | clearly and conspicuously disclosed, in writing, and
| 12 | | an electric service provider must directly establish
| 13 | | the rates for the service contracted for by the
| 14 | | subscriber; and
| 15 | | (iv) That the subscriber understand that any
| 16 | | electric service provider selection the subscriber
| 17 | | chooses may involve a charge to the subscriber for
| 18 | | changing the subscriber's electric service provider.
| 19 | | (6) Letters of agency shall not suggest or require
that | 20 | | a subscriber take some action in order to retain the
| 21 | | subscriber's current electric service provider.
| 22 | | (7) If any portion of a letter of agency is
translated | 23 | | into another language, then all portions of
the letter of | 24 | | agency must be translated into that
language.
| 25 | | (b) An appropriately qualified independent third party has | 26 | | obtained, in accordance with the procedures set forth in this |
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| 1 | | subsection (b), the subscriber's oral authorization to change | 2 | | electric suppliers that confirms and includes appropriate | 3 | | verification data. The independent third party (i) must not be | 4 | | owned, managed, controlled, or directed by the supplier or the | 5 | | supplier's marketing agent; (ii) must not have any financial | 6 | | incentive to confirm supplier change requests for the supplier | 7 | | or the supplier's marketing agent; and (iii) must operate in a | 8 | | location physically separate from the supplier or the | 9 | | supplier's marketing agent.
| 10 | | Automated third-party verification systems and 3-way | 11 | | conference calls may be used for verification purposes so long | 12 | | as the other requirements of this subsection (b) are satisfied. | 13 | | A supplier or supplier's sales representative initiating a | 14 | | 3-way conference call or a call through an automated | 15 | | verification system must drop off the call once the 3-way | 16 | | connection has been established. | 17 | | All third-party verification methods shall elicit, at a | 18 | | minimum, the following information: (i) the identity of the | 19 | | subscriber; (ii) confirmation that the person on the call is | 20 | | authorized to make the supplier change; (iii) confirmation that | 21 | | the person on the call wants to make the supplier change; (iv) | 22 | | the names of the suppliers affected by the change; (v) the | 23 | | service address of the supply to be switched; and (vi) the | 24 | | price of the service to be supplied and the material terms and | 25 | | conditions of the service being offered, including whether any | 26 | | early termination fees apply. Third-party verifiers may not |
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| 1 | | market the supplier's services by providing additional | 2 | | information, including information regarding procedures to | 3 | | block or otherwise freeze an account against further changes. | 4 | | All third-party verifications shall be conducted in the | 5 | | same language that was used in the underlying sales transaction | 6 | | and shall be recorded in their entirety. Submitting suppliers | 7 | | shall maintain and preserve audio records of verification of | 8 | | subscriber authorization for a minimum period of 2 years after | 9 | | obtaining the verification. Automated systems must provide | 10 | | consumers with an option to speak with a live person at any | 11 | | time during the call.
| 12 | | (c) When a subscriber initiates the call to the prospective | 13 | | electric supplier, in order to enroll the subscriber as a | 14 | | customer, the prospective electric supplier must, with the | 15 | | consent of the customer, make a date-stamped, time-stamped | 16 | | audio recording that elicits, at a minimum, the following | 17 | | information: | 18 | | (1) the identity of the subscriber; | 19 | | (2) confirmation that the person on the call is | 20 | | authorized to make the supplier change; | 21 | | (3) confirmation that the person on the call wants to | 22 | | make the supplier change; | 23 | | (4) the names of the suppliers affected by the change; | 24 | | (5) the service address of the supply to be switched; | 25 | | and | 26 | | (6) the price of the service to be supplied and the |
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| 1 | | material terms and conditions of the service being offered, | 2 | | including whether any early termination fees apply.
| 3 | | Submitting suppliers shall maintain and preserve the audio | 4 | | records containing the information set forth above for a | 5 | | minimum period of 2 years.
| 6 | | (c-5) An electric supplier shall not automatically renew a | 7 | | contract with a residential customer at a rate higher than the | 8 | | initial term of the contract or automatically change or renew a | 9 | | fixed rate contract to a variable rate contract. A residential | 10 | | customer may agree to a contract renewal at a rate higher than | 11 | | the initial term of the contract if the requirements in | 12 | | paragraphs (iv) and (v) of subsection (a) of Section 16-115A of | 13 | | the Public Utilities Act have been met and the residential | 14 | | customer expressly consents to the contract renewal in writing | 15 | | or by an electronic signature. A residential customer may void | 16 | | a contract renewal or a variable rate contract if the | 17 | | requirements in paragraphs (iv) and (v) of subsection (a) of | 18 | | Section 16-115A of the Public Utilities Act have not been met. | 19 | | (d) Complaints may be filed with the Illinois Commerce | 20 | | Commission under this Section by a subscriber whose electric | 21 | | service has been provided by an electric service supplier in a | 22 | | manner not in compliance with this Section. If, after notice | 23 | | and hearing, the Commission finds that an electric service | 24 | | provider has violated this Section, the Commission may in its | 25 | | discretion do any one or more of the following: | 26 | | (1) Require the violating electric service provider to |
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| 1 | | refund to the subscriber charges collected in excess of | 2 | | those that would have been charged by the subscriber's | 3 | | authorized electric service provider. | 4 | | (2) Require the violating electric service provider to | 5 | | pay to the subscriber's authorized electric supplier the | 6 | | amount the authorized electric supplier would have | 7 | | collected for the electric service. The Commission is | 8 | | authorized to reduce this payment by any amount already | 9 | | paid by the violating electric supplier to the subscriber's | 10 | | authorized provider for electric service. | 11 | | (3) Require the violating electric subscriber to pay a | 12 | | fine of up to $1,000 into the Public Utility Fund for each | 13 | | repeated and intentional violation of this Section. | 14 | | (4) Issue a cease and desist order. | 15 | | (5) For a pattern of violation of this Section or for | 16 | | intentionally violating a cease and desist order, revoke | 17 | | the violating provider's certificate of service authority.
| 18 | | (e) For purposes of this
Section, "electric service | 19 | | provider"
shall have the meaning given that phrase in
Section | 20 | | 6.5 of the
Attorney General Act.
| 21 | | (Source: P.A. 95-700, eff. 11-9-07.)
| 22 | | (815 ILCS 505/2DDD)
| 23 | | Sec. 2DDD. Alternative gas suppliers. | 24 | | (a) Definitions. | 25 | | (1) "Alternative gas supplier" has the same meaning as |
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| 1 | | in Section 19-105 of the Public Utilities Act. | 2 | | (2) "Gas utility" has the same meaning as in Section | 3 | | 19-105 of the Public Utilities Act. | 4 | | (b) It is an unfair or deceptive act or practice within the | 5 | | meaning of Section 2 of this Act for any person to violate any | 6 | | provision of this Section. | 7 | | (c) Solicitation. | 8 | | (1) An alternative gas supplier shall not misrepresent | 9 | | the affiliation of any alternative supplier with the gas | 10 | | utility, governmental bodies, or consumer groups. | 11 | | (2) If any sales solicitation, agreement, contract, or | 12 | | verification is translated into another language and | 13 | | provided to a customer, all of the documents must be | 14 | | provided to the customer in that other language. | 15 | | (3) An alternative gas supplier shall clearly and | 16 | | conspicuously disclose the following information to all | 17 | | customers: | 18 | | (A) the prices, terms, and conditions of the | 19 | | products and services being sold to the customer; | 20 | | (B) where the solicitation occurs in person, | 21 | | including through door-to-door solicitation, the | 22 | | salesperson's name; | 23 | | (C) the alternative gas supplier's contact | 24 | | information, including the address, phone number, and | 25 | | website; | 26 | | (D) contact information for the Illinois Commerce |
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| 1 | | Commission, including the toll-free number for | 2 | | consumer complaints and website; | 3 | | (E) a statement of the customer's right to rescind | 4 | | the offer within 10 business days of the date on the | 5 | | utility's notice confirming the customer's decision to | 6 | | switch suppliers, as well as phone numbers for the | 7 | | supplier and utility that the consumer may use to | 8 | | rescind the contract; and | 9 | | (F) the amount of the early termination fee, if | 10 | | any. | 11 | | (4) Except as provided in paragraph (5) of this | 12 | | subsection (c), an alternative gas supplier shall send the | 13 | | information described in paragraph (3) of this subsection | 14 | | (c) to all customers within one business day of the | 15 | | authorization of a switch. | 16 | | (5) An alternative gas supplier engaging in | 17 | | door-to-door solicitation of consumers shall provide the | 18 | | information described in paragraph (3) of this subsection | 19 | | (c) during all door-to-door solicitations that result in a | 20 | | customer deciding to switch their supplier. | 21 | | (d) Customer Authorization. An alternative gas supplier | 22 | | shall not submit or execute a change in a customer's selection | 23 | | of a natural gas provider unless and until (i) the alternative | 24 | | gas supplier first discloses all material terms and conditions | 25 | | of the offer to the customer; (ii) the alternative gas supplier | 26 | | has obtained the customer's express agreement to accept the |
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| 1 | | offer after the disclosure of all material terms and conditions | 2 | | of the offer; and (iii) the alternative gas supplier has | 3 | | confirmed the request for a change in accordance with one of | 4 | | the following procedures: | 5 | | (1) The alternative gas supplier has obtained the | 6 | | customer's written or electronically signed authorization | 7 | | in a form that meets the following requirements: | 8 | | (A) An alternative gas supplier shall obtain any | 9 | | necessary written or electronically signed | 10 | | authorization from a customer for a change in natural | 11 | | gas service by using a letter of agency as specified in | 12 | | this Section. Any letter of agency that does not | 13 | | conform with this Section is invalid. | 14 | | (B) The letter of agency shall be a separate | 15 | | document (or an easily separable document containing | 16 | | only the authorization language described in item (E) | 17 | | of this paragraph (1)) whose sole purpose is to | 18 | | authorize a natural gas provider change. The letter of | 19 | | agency must be signed and dated by the customer | 20 | | requesting the natural gas provider change. | 21 | | (C) The letter of agency shall not be combined with | 22 | | inducements of any kind on the same document. | 23 | | (D) Notwithstanding items (A) and (B) of this | 24 | | paragraph (1), the letter of agency may be combined | 25 | | with checks that contain only the required letter of | 26 | | agency language prescribed in item (E) of this |
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| 1 | | paragraph (1) and the necessary information to make the | 2 | | check a negotiable instrument. The letter of agency | 3 | | check shall not contain any promotional language or | 4 | | material. The letter of agency check shall contain in | 5 | | easily readable, bold face type on the face of the | 6 | | check, a notice that the consumer is authorizing a | 7 | | natural gas provider change by signing the check. The | 8 | | letter of agency language also shall be placed near the | 9 | | signature line on the back of the check. | 10 | | (E) At a minimum, the letter of agency must be | 11 | | printed with a print of sufficient size to be clearly | 12 | | legible, and must contain clear and unambiguous | 13 | | language that confirms: | 14 | | (i) the customer's billing name and address; | 15 | | (ii) the decision to change the natural gas | 16 | | provider from the current provider to the | 17 | | prospective alternative gas supplier; | 18 | | (iii) the terms, conditions, and nature of the | 19 | | service to be provided to the customer, including, | 20 | | but not limited to, the rates for the service | 21 | | contracted for by the customer; and | 22 | | (iv) that the customer understands that any | 23 | | natural gas provider selection the customer | 24 | | chooses may involve a charge to the customer for | 25 | | changing the customer's natural gas provider. | 26 | | (F) Letters of agency shall not suggest or require |
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| 1 | | that a customer take some action in order to retain the | 2 | | customer's current natural gas provider. | 3 | | (G) If any portion of a letter of agency is | 4 | | translated into another language, then all portions of | 5 | | the letter of agency must be translated into that | 6 | | language. | 7 | | (2) An appropriately qualified independent third party | 8 | | has obtained, in accordance with the procedures set forth | 9 | | in this paragraph (2), the customer's oral authorization to | 10 | | change natural gas providers that confirms and includes | 11 | | appropriate verification data. The independent third party | 12 | | must (i) not be owned, managed, controlled, or directed by | 13 | | the alternative gas supplier or the alternative gas | 14 | | supplier's marketing agent; (ii) not have any financial | 15 | | incentive to confirm provider change requests for the | 16 | | alternative gas supplier or the alternative gas supplier's | 17 | | marketing agent; and (iii) operate in a location physically | 18 | | separate from the alternative gas supplier or the | 19 | | alternative gas supplier's marketing agent. Automated | 20 | | third-party verification systems and 3-way conference | 21 | | calls may be used for verification purposes so long as the | 22 | | other requirements of this paragraph (2) are satisfied. A | 23 | | alternative gas supplier or alternative gas supplier's | 24 | | sales representative initiating a 3-way conference call or | 25 | | a call through an automated verification system must drop | 26 | | off the call once the 3-way connection has been |
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| 1 | | established. All third-party verification methods shall | 2 | | elicit, at a minimum, the following information: | 3 | | (A) the identity of the customer; | 4 | | (B) confirmation that the person on the call is | 5 | | authorized to make the provider change; | 6 | | (C) confirmation that the person on the call wants | 7 | | to make the provider change; | 8 | | (D) the names of the providers affected by the | 9 | | change; | 10 | | (E) the service address of the service to be | 11 | | switched; and | 12 | | (F) the price of the service to be provided and the | 13 | | material terms and conditions of the service being | 14 | | offered, including whether any early termination fees | 15 | | apply. | 16 | | Third-party verifiers may not market the alternative | 17 | | gas supplier's services. All third-party verifications | 18 | | shall be conducted in the same language that was used in | 19 | | the underlying sales transaction and shall be recorded in | 20 | | their entirety. Submitting alternative gas suppliers shall | 21 | | maintain and preserve audio records of verification of | 22 | | customer authorization for a minimum period of 2 years | 23 | | after obtaining the verification. Automated systems must | 24 | | provide customers with an option to speak with a live | 25 | | person at any time during the call. | 26 | | (3) The alternative gas supplier has obtained the |
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| 1 | | customer's electronic authorization to change natural gas | 2 | | service via telephone. Such authorization must elicit the | 3 | | information in paragraph (2)(A) through (F) of this | 4 | | subsection (d). Alternative gas suppliers electing to | 5 | | confirm sales electronically shall establish one or more | 6 | | toll-free telephone numbers exclusively for that purpose. | 7 | | Calls to the number or numbers shall connect a customer to | 8 | | a voice response unit, or similar mechanism, that makes a | 9 | | date-stamped, time-stamped recording of the required | 10 | | information regarding the alternative gas supplier change. | 11 | | The alternative gas supplier shall not use such | 12 | | electronic authorization systems to market its services. | 13 | | (4) When a consumer initiates the call to the | 14 | | prospective alternative gas supplier, in order to enroll | 15 | | the consumer as a customer, the prospective alternative gas | 16 | | supplier must, with the consent of the customer, make a | 17 | | date-stamped, time-stamped audio recording that elicits, | 18 | | at a minimum, the following information: | 19 | | (A) the identity of the customer; | 20 | | (B) confirmation that the person on the call is | 21 | | authorized to make the provider change; | 22 | | (C) confirmation that the person on the call wants | 23 | | to make the provider change; | 24 | | (D) the names of the providers affected by the | 25 | | change; | 26 | | (E) the service address of the service to be |
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| 1 | | switched; and | 2 | | (F) the price of the service to be supplied and the | 3 | | material terms and conditions of the service being | 4 | | offered, including whether any early termination fees | 5 | | apply. | 6 | | Submitting alternative gas suppliers shall maintain | 7 | | and preserve the audio records containing the information | 8 | | set forth above for a minimum period of 2 years. | 9 | | (5) In the event that a customer enrolls for service | 10 | | from an alternative gas supplier via an Internet website, | 11 | | the alternative gas supplier shall obtain an | 12 | | electronically signed letter of agency in accordance with | 13 | | paragraph (1) of this subsection (d) and any customer | 14 | | information shall be protected in accordance with all | 15 | | applicable statutes and rules. In addition, an alternative | 16 | | gas supplier shall provide the following when marketing via | 17 | | an Internet website: | 18 | | (A) The Internet enrollment website shall, at a | 19 | | minimum, include: | 20 | | (i) a copy of the alternative gas supplier's | 21 | | customer contract, which clearly and conspicuously | 22 | | discloses all terms and conditions; and | 23 | | (ii) a conspicuous prompt for the customer to | 24 | | print or save a copy of the contract. | 25 | | (B) Any electronic version of the contract shall be | 26 | | identified by version number, in order to ensure the |
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| 1 | | ability to verify the particular contract to which the | 2 | | customer assents. | 3 | | (C) Throughout the duration of the alternative gas | 4 | | supplier's contract with a customer, the alternative | 5 | | gas supplier shall retain and, within 3 business days | 6 | | of the customer's request, provide to the customer an | 7 | | e-mail, paper, or facsimile of the terms and conditions | 8 | | of the numbered contract version to which the customer | 9 | | assents. | 10 | | (D) The alternative gas supplier shall provide a | 11 | | mechanism by which both the submission and receipt of | 12 | | the electronic letter of agency are recorded by time | 13 | | and date. | 14 | | (E) After the customer completes the electronic | 15 | | letter of agency, the alternative gas supplier shall | 16 | | disclose conspicuously through its website that the | 17 | | customer has been enrolled and the alternative gas | 18 | | supplier shall provide the customer an enrollment | 19 | | confirmation number. | 20 | | (6) When a customer is solicited in person by the | 21 | | alternative gas supplier's sales agent, the alternative | 22 | | gas supplier may only obtain the customer's authorization | 23 | | to change natural gas service through the method provided | 24 | | for in paragraph (2) of this subsection (d). | 25 | | Alternative gas suppliers must be in compliance with the | 26 | | provisions of this subsection (d) within 90 days after the |
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| 1 | | effective date of this amendatory Act of the 95th General | 2 | | Assembly. | 3 | | (d-5) A gas supplier shall not automatically renew a | 4 | | contract with a residential customer at a rate higher than the | 5 | | initial term of the contract or automatically change or renew a | 6 | | fixed rate contract to a variable rate contract. A residential | 7 | | customer may agree to a contract renewal at a higher rate than | 8 | | the initial term of the contract if the requirements in | 9 | | paragraphs (7) and (8) of subsection (b) of Section 19-115 of | 10 | | the Public Utilities Act have been met and the residential | 11 | | customer expressly consents to the contract renewal in writing | 12 | | or by an electronic signature. A residential customer may void | 13 | | a contract renewal or a variable rate contract if the | 14 | | requirements in paragraphs (7) and (8) of subsection (b) of | 15 | | Section 19-115 of the Public Utilities Act have not been met. | 16 | | (e) Early Termination. | 17 | | (1) Any agreement that contains an early termination | 18 | | clause shall disclose the amount of the early termination | 19 | | fee, provided that any early termination fee or penalty | 20 | | shall not exceed $50 total, regardless of whether or not | 21 | | the agreement is a multiyear agreement. | 22 | | (2) In any agreement that contains an early termination | 23 | | clause, an alternative gas supplier shall provide the | 24 | | customer the opportunity to terminate the agreement | 25 | | without any termination fee or penalty within 10 business | 26 | | days after the date of the first bill issued to the |
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| 1 | | customer for products or services provided by the | 2 | | alternative gas supplier. The agreement shall disclose the | 3 | | opportunity and provide a toll-free phone number that the | 4 | | customer may call in order to terminate the agreement. | 5 | | (f) The alternative gas supplier shall provide each | 6 | | customer the opportunity to rescind its agreement without | 7 | | penalty within 10 business days after the date on the gas | 8 | | utility notice to the customer. The alternative gas supplier | 9 | | shall disclose to the customer all of the following: | 10 | | (1) that the gas utility shall send a notice confirming | 11 | | the switch; | 12 | | (2) that from the date the utility issues the notice | 13 | | confirming the switch, the customer shall have 10 business | 14 | | days before the switch will become effective; | 15 | | (3) that the customer may contact the gas utility or | 16 | | the alternative gas supplier to rescind the switch within | 17 | | 10 business days; and | 18 | | (4) the contact information for the gas utility and the | 19 | | alternative gas supplier. | 20 | | The alternative gas supplier disclosure shall be included | 21 | | in its sales solicitations, contracts, and all applicable sales | 22 | | verification scripts. | 23 | | (g) The provisions of this Section shall apply only to | 24 | | alternative gas suppliers serving or seeking to serve | 25 | | residential and small commercial customers and only to the | 26 | | extent such alternative gas suppliers provide services to |
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| 1 | | residential and small commercial customers.
| 2 | | (Source: P.A. 97-333, eff. 8-12-11.)
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