Full Text of HB3391 095th General Assembly
HB3391 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3391
Introduced 2/26/2007, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
|
|
Amends the Public Utilities Act. Makes a technical change in a Section concerning definitions.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB3391 |
|
LRB095 08448 MJR 32261 b |
|
| 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 16-102 and 16-103 as follows:
| 6 |
| (220 ILCS 5/16-102)
| 7 |
| Sec. 16-102. Definitions. For the
the purposes of this
| 8 |
| Article the following terms shall be defined as set forth in
| 9 |
| this Section.
| 10 |
| "Alternative retail electric supplier" means every
person, | 11 |
| cooperative, corporation, municipal corporation,
company, | 12 |
| association, joint stock company or association,
firm, | 13 |
| partnership, individual, or other entity, their lessees,
| 14 |
| trustees, or receivers appointed by any court whatsoever, that
| 15 |
| offers electric power or energy for sale, lease or in exchange
| 16 |
| for other value received to one or more retail customers, or
| 17 |
| that engages in the delivery or furnishing of electric power
or | 18 |
| energy to such retail customers, and shall include, without
| 19 |
| limitation, resellers, aggregators and power marketers, but
| 20 |
| shall not include (i) electric utilities (or any agent of the
| 21 |
| electric utility to the extent the electric utility provides
| 22 |
| tariffed services to retail customers through that agent),
(ii) | 23 |
| any electric cooperative or municipal system as defined
in |
|
|
|
HB3391 |
- 2 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| Section 17-100 to the extent that the electric cooperative
or | 2 |
| municipal system is serving retail customers within any
area in | 3 |
| which it is or would be entitled to provide service
under the | 4 |
| law in effect immediately prior to the effective
date of this | 5 |
| amendatory Act of 1997, (iii) a public utility
that is owned | 6 |
| and operated by any public institution of higher
education of | 7 |
| this State, or a public utility that is owned by
such public | 8 |
| institution of higher education and operated by
any of its | 9 |
| lessees or operating agents, within any area in
which it is or | 10 |
| would be entitled to provide service under the
law in effect | 11 |
| immediately prior to the effective date of this
amendatory Act | 12 |
| of 1997, (iv) a retail customer to the extent
that customer | 13 |
| obtains its electric power and energy from that customer's
own | 14 |
| cogeneration or self-generation facilities, (v) an
entity that | 15 |
| owns, operates, sells, or arranges for the installation of
a | 16 |
| customer's own cogeneration or self-generation facilities, but | 17 |
| only to
the extent the entity is engaged in
owning,
selling or | 18 |
| arranging for the installation of such facility,
or operating | 19 |
| the facility
on behalf of such customer, provided however that | 20 |
| any such
third party owner or operator of a facility built | 21 |
| after
January 1, 1999, complies with the labor provisions of | 22 |
| Section 16-128(a) as
though
such third party were an | 23 |
| alternative retail
electric supplier,
or (vi) an industrial or
| 24 |
| manufacturing customer that owns
its own
distribution | 25 |
| facilities, to the extent that the customer provides service | 26 |
| from
that distribution system to a third-party contractor |
|
|
|
HB3391 |
- 3 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| located on the customer's
premises that is integrally and | 2 |
| predominantly engaged in the customer's
industrial or
| 3 |
| manufacturing process; provided, that if the industrial or | 4 |
| manufacturing
customer has elected delivery services, the | 5 |
| customer shall pay transition
charges applicable to the | 6 |
| electric power and energy consumed by the third-party
| 7 |
| contractor unless such charges are otherwise paid by the third | 8 |
| party
contractor, which shall be calculated based on the usage | 9 |
| of, and the base rates
or the contract rates applicable to, the | 10 |
| third-party contractor in accordance
with Section 16-102.
| 11 |
| "Base rates" means the rates for those tariffed services | 12 |
| that the electric
utility is required to offer pursuant to | 13 |
| subsection (a) of Section 16-103 and
that were identified in a | 14 |
| rate order for collection of the electric
utility's base rate | 15 |
| revenue requirement, excluding (i) separate automatic
rate | 16 |
| adjustment riders then in effect, (ii) special or negotiated | 17 |
| contract
rates, (iii) delivery services tariffs filed pursuant | 18 |
| to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | 19 |
| were in effect prior to October 1, 1996
and that based charges | 20 |
| for services on an index or average of other utilities'
| 21 |
| charges, but including (vi) any subsequent redesign of such | 22 |
| rates for
tariffed
services that is authorized by the | 23 |
| Commission after notice and hearing.
| 24 |
| "Competitive service" includes (i) any service that
has | 25 |
| been declared to be competitive pursuant to Section
16-113 of | 26 |
| this Act, (ii) contract service, and (iii) services,
other than |
|
|
|
HB3391 |
- 4 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| tariffed services, that are related to, but not
necessary for, | 2 |
| the provision of electric power and energy or delivery | 3 |
| services.
| 4 |
| "Contract service" means (1) services, including the
| 5 |
| provision of electric power and energy or other services, that
| 6 |
| are provided by mutual agreement between an electric utility
| 7 |
| and a retail customer that is located in the electric
utility's | 8 |
| service area, provided that, delivery services shall
not be a | 9 |
| contract service until such services are declared
competitive | 10 |
| pursuant to Section 16-113; and also means (2) the
provision of | 11 |
| electric power and energy by an electric utility
to retail | 12 |
| customers outside the electric utility's service
area pursuant | 13 |
| to Section 16-116. Provided, however, contract
service does not | 14 |
| include electric utility services provided
pursuant to (i) | 15 |
| contracts that retail customers are required
to execute as a | 16 |
| condition of receiving tariffed services, or
(ii) special or | 17 |
| negotiated rate contracts for electric utility
services that | 18 |
| were entered into between an electric utility
and a retail | 19 |
| customer prior to the effective date of this
amendatory Act of | 20 |
| 1997 and filed with the Commission.
| 21 |
| "Delivery services" means those services provided by the
| 22 |
| electric utility that are necessary in order for the
| 23 |
| transmission and distribution systems to function so that
| 24 |
| retail customers located in the electric utility's service
area | 25 |
| can receive electric power and energy from suppliers
other than | 26 |
| the electric utility, and shall include, without
limitation, |
|
|
|
HB3391 |
- 5 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| standard metering and billing services.
| 2 |
| "Electric utility" means a public utility, as defined in
| 3 |
| Section 3-105 of this Act, that has a franchise, license,
| 4 |
| permit or right to furnish or sell electricity to retail
| 5 |
| customers within a service area.
| 6 |
| "Mandatory transition period" means the period from the
| 7 |
| effective date of this amendatory Act of 1997 through January
| 8 |
| 1, 2007.
| 9 |
| "Municipal system" shall have the meaning set forth in
| 10 |
| Section 17-100.
| 11 |
| "Real-time pricing" means tariffed retail charges for | 12 |
| delivered electric
power and energy that vary
hour-to-hour and | 13 |
| are determined from wholesale market prices using a methodology | 14 |
| approved by the Illinois Commerce Commission.
| 15 |
| "Retail customer" means a single entity using electric
| 16 |
| power or energy at a single premises and that (A) either (i)
is | 17 |
| receiving or is eligible to receive tariffed services from
an | 18 |
| electric utility, or (ii) that is served by a municipal system | 19 |
| or electric
cooperative within any area in which the
municipal | 20 |
| system or electric cooperative is or would be
entitled to | 21 |
| provide service under the law in effect
immediately prior to | 22 |
| the effective date of this amendatory Act
of 1997, or (B) an | 23 |
| entity which on the effective date of this
Act was receiving | 24 |
| electric service from a public utility and
(i) was engaged in | 25 |
| the practice of resale and redistribution
of such electricity | 26 |
| within a building prior to January 2,
1957, or (ii) was |
|
|
|
HB3391 |
- 6 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| providing lighting services to tenants in a
multi-occupancy | 2 |
| building, but only to the extent such resale,
redistribution or | 3 |
| lighting service is authorized by the
electric utility's | 4 |
| tariffs that were on file with the
Commission on the effective | 5 |
| date of this Act.
| 6 |
| "Service area" means (i) the geographic area within which
| 7 |
| an electric utility was lawfully entitled to provide electric
| 8 |
| power and energy to retail customers as of the effective date
| 9 |
| of this amendatory Act of 1997, and includes (ii) the location
| 10 |
| of any retail customer to which the electric utility was
| 11 |
| lawfully providing electric utility services on such effective
| 12 |
| date.
| 13 |
| "Small commercial retail customer" means those
| 14 |
| nonresidential retail customers of an electric utility
| 15 |
| consuming 15,000 kilowatt-hours or less of electricity
| 16 |
| annually in its service area.
| 17 |
| "Tariffed service" means services provided to retail
| 18 |
| customers by an electric utility as defined by its rates on
| 19 |
| file with the Commission pursuant to the provisions of Article
| 20 |
| IX of this Act, but shall not include competitive services.
| 21 |
| "Transition charge" means a charge expressed in cents
per | 22 |
| kilowatt-hour that is calculated for a customer or class
of | 23 |
| customers as follows for each year in which an electric
utility | 24 |
| is entitled to recover transition charges as provided
in | 25 |
| Section 16-108:
| 26 |
| (1) the amount of revenue that an electric utility
|
|
|
|
HB3391 |
- 7 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| would receive from the retail customer or customers if it
| 2 |
| were serving such customers' electric power and energy
| 3 |
| requirements as a tariffed service based on (A) all of
the | 4 |
| customers' actual usage during the 3 years
ending 90 days | 5 |
| prior to the date on which such customers
were first | 6 |
| eligible for delivery services pursuant to
Section 16-104, | 7 |
| and (B) on (i) the base rates in effect
on October 1, 1996 | 8 |
| (adjusted for the reductions required
by subsection (b) of | 9 |
| Section 16-111, for any reduction resulting from a rate
| 10 |
| decrease under Section 16-101(b), for any restatement of | 11 |
| base rates made in
conjunction with an elimination
of the | 12 |
| fuel adjustment clause pursuant to subsection (b), (d), or | 13 |
| (f) of
Section
9-220
and for any removal of decommissioning | 14 |
| costs from base
rates pursuant to Section 16-114)
and any | 15 |
| separate automatic rate adjustment riders (other
than a | 16 |
| decommissioning rate as defined in Section 16-114)
under | 17 |
| which the customers were receiving or, had they
been | 18 |
| customers, would have received electric power and
energy | 19 |
| from the electric utility during the year
immediately | 20 |
| preceding the date on which such customers
were first | 21 |
| eligible for delivery service pursuant to
Section 16-104, | 22 |
| or (ii) to the extent applicable, any
contract rates, | 23 |
| including contracts or rates for consolidated or
| 24 |
| aggregated billing, under which such customers were
| 25 |
| receiving electric power and energy from the electric
| 26 |
| utility during such year;
|
|
|
|
HB3391 |
- 8 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| (2) less the amount of revenue, other than revenue
from | 2 |
| transition charges and decommissioning rates, that the | 3 |
| electric utility
would
receive from such retail customers | 4 |
| for delivery services
provided by the electric utility, | 5 |
| assuming such customers
were taking delivery services for | 6 |
| all of their usage,
based on the delivery services tariffs | 7 |
| in effect during
the year for which the transition charge | 8 |
| is being
calculated and on the usage identified in | 9 |
| paragraph (1);
| 10 |
| (3) less the market value for the electric power
and | 11 |
| energy that the electric utility would have used to
supply | 12 |
| all of such customers' electric power and energy
| 13 |
| requirements, as a tariffed service, based on the usage
| 14 |
| identified in paragraph (1), with such market value
| 15 |
| determined in accordance with Section 16-112 of this Act;
| 16 |
| (4) less the following amount which represents the
| 17 |
| amount to be attributed to new revenue sources and cost
| 18 |
| reductions by the electric utility through the end of the
| 19 |
| period for which transition costs are recovered pursuant
to | 20 |
| Section 16-108, referred to in this Article XVI as a | 21 |
| "mitigation factor":
| 22 |
| (A) for nonresidential retail customers, an amount | 23 |
| equal to the greater
of (i) 0.5 cents per kilowatt-hour | 24 |
| during the period October 1, 1999
through December 31, | 25 |
| 2004, 0.6 cents per kilowatt-hour in calendar year | 26 |
| 2005,
and 0.9 cents per kilowatt-hour in calendar year |
|
|
|
HB3391 |
- 9 - |
LRB095 08448 MJR 32261 b |
|
| 1 |
| 2006, multiplied in
each year by the usage identified | 2 |
| in paragraph (1), or (ii) an amount equal to
the | 3 |
| following percentages of the amount produced by | 4 |
| applying the applicable
base rates (adjusted as | 5 |
| described in subparagraph (1)(B)) or contract rate to
| 6 |
| the usage identified in paragraph (1): 8% for the | 7 |
| period October 1, 1999
through December 31, 2002, 10% | 8 |
| in calendar years 2003 and 2004, 11% in calendar
year | 9 |
| 2005 and 12% in calendar year 2006;
and
| 10 |
| (B) for residential retail customers, an amount
| 11 |
| equal to the following percentages of the amount | 12 |
| produced by applying the
base rates in effect on | 13 |
| October 1, 1996 (adjusted as
described in subparagraph | 14 |
| (1)(B)) to the usage
identified in paragraph (1): (i) | 15 |
| 6% from May 1, 2002 through December 31,
2002, (ii) 7% | 16 |
| in calendar years 2003 and 2004, (iii) 8% in calendar | 17 |
| year
2005, and (iv) 10% in calendar year 2006;
| 18 |
| (5) divided by the usage of such customers
identified | 19 |
| in paragraph (1),
| 20 |
| provided that the transition charge shall never be less than
| 21 |
| zero.
| 22 |
| "Unbundled service" means a component or constituent part
| 23 |
| of a tariffed service which the electric utility subsequently
| 24 |
| offers separately to its customers.
| 25 |
| (Source: P.A. 94-977, eff. 6-30-06.)
|
|