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220 ILCS 5/19-120
(220 ILCS 5/19-120)
Commission oversight of services provided by gas
(a) The provisions of this Section shall apply only to alternative gas
serving or seeking to serve residential or small commercial customers and
only to the extent such
alternative gas suppliers provide services to residential or small
(b) The Commission shall have jurisdiction in accordance with the provisions
of Article X of this Act either to investigate on its own motion in order to determine whether or to entertain and dispose of any complaint against any
gas supplier alleging that:
(1) the alternative gas supplier has violated or is
in nonconformance with any applicable provisions of Section 19-110, 19-111, 19-112, or Section 19-115;
(2) an alternative gas supplier has failed to provide
service in accordance with the terms of its contract or contracts with a customer or customers;
(3) the alternative gas supplier has violated or is
in nonconformance with the transportation services tariff of, or any of its agreements relating to transportation services with, the gas utility or municipal system providing transportation services; or
(4) the alternative gas supplier has violated or
failed to comply with the requirements of Sections 8-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made applicable to alternative gas suppliers.
(c) The Commission shall have authority after notice and hearing held on
complaint or on the Commission's own motion to order any or all of the following remedies, penalties, or forms of relief:
(1) order an alternative gas supplier to cease and
desist, or correct, any violation of or nonconformance with the provisions of Section 19-110, 19-111, 19-112, or 19-115;
(2) impose financial penalties for violations of or
nonconformances with the provisions of Section 19-110, 19-111, 19-112, or 19-115, not to exceed (i) $10,000 per occurrence or (ii) $30,000 per day for those violations or nonconformances which continue after the Commission issues a cease-and-desist order; and
(3) alter, modify, revoke, or suspend the certificate
of service authority of an alternative gas supplier for substantial or repeated violations of or nonconformances with the provisions of Section 19-110, 19-111, 19-112, or 19-115.
(d) Nothing in this Act shall be construed to limit, restrict, or
any way the power and authority of the State's Attorneys or the Attorney
General under the Consumer Fraud and Deceptive Business Practices Act.
(e) In addition to other powers and authority granted to it under this Act, the Commission may require an alternative gas supplier to enter into a compliance
plan. If the Commission comes into possession of information causing it to conclude that an alternative gas supplier is violating this Act or the Commission's rules, the Commission may, after notice and hearing, enter an order directing the alternative gas supplier to implement practices, procedures, oversight, or other measures or refrain from practices, conduct, or activities as the Commission finds is necessary or reasonable to ensure the alternative gas supplier's compliance with this Act and the Commission's rules. Failure by an alternative gas supplier to implement or comply with a Commission-ordered compliance plan is a violation of this Section. The Commission, in its discretion, may order a compliance plan under such circumstances as it considers warranted and is not required to order a compliance plan prior to taking other enforcement action against an alternative retail gas supplier. Nothing in this subsection (e) shall be interpreted to limit the authority or right of the Attorney General.
(Source: P.A. 101-590, eff. 1-1-20