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90_HB2428
220 ILCS 5/16-103
Amends the Public Utilities Act. Makes technical changes
in a Section relating to service obligations of electric
utilities.
LRB9008021JSgc
LRB9008021JSgc
1 AN ACT to amend the Public Utilities Act by changing
2 Section 16-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 16-103 as follows:
7 (220 ILCS 5/16-103)
8 Sec. 16-103. Service obligations of electric utilities.
9 (a) An electric utility shall continue offering to
10 retail customers each tariffed service that it offered as a
11 distinct and identifiable service on December 16, the
12 effective date of this amendatory Act of 1997 until the
13 service is (i) declared competitive pursuant to Section
14 16-113, or (ii) abandoned pursuant to Section 8-508. Nothing
15 in this subsection shall be construed as limiting an electric
16 utility's right to propose, or the Commission's power to
17 approve, allow or order modifications in the rates, terms and
18 conditions for such services pursuant to Article IX or
19 Section 16-111 of this Act.
20 (b) An electric utility shall also offer, as tariffed
21 services, delivery services in accordance with this Article,
22 the power purchase options described in Section 16-110 and
23 real-time pricing as provided in Section 16-107.
24 (c) Notwithstanding any other provision of this Article,
25 each electric utility shall continue offering to all
26 residential customers and to all small commercial retail
27 customers in its service area, as a tariffed service, bundled
28 electric power and energy delivered to the customer's
29 premises consistent with the bundled utility service provided
30 by the electric utility on December 16, the effective date of
31 this amendatory Act of 1997. Upon declaration of the
-2- LRB9008021JSgc
1 provision of electric power and energy as competitive, the
2 electric utility shall continue to offer to such customers,
3 as a tariffed service, bundled service options at rates which
4 reflect recovery of all cost components for providing the
5 service. For those components of the service which have been
6 declared competitive, cost shall be the market based prices.
7 Market based prices as referred to herein shall mean, for
8 electric power and energy, either (i) those prices for
9 electric power and energy determined as provided in Section
10 16-112, or (ii) the electric utility's cost of obtaining the
11 electric power and energy at wholesale through a competitive
12 bidding or other arms-length acquisition process.
13 (d) Any residential or small commercial retail customer
14 which elects delivery services is entitled to return to the
15 electric utility's bundled utility tariffed service offering
16 provided in accordance with subsection (c) of this Section
17 upon payment of a reasonable administrative fee which shall
18 be set forth in the tariff, provided, however, that the
19 electric utility shall be entitled to impose the condition
20 that such customer may not elect delivery services for up to
21 24 months thereafter.
22 (e) The Commission shall not require an electric utility
23 to offer any tariffed service other than the services
24 required by this Section, and shall not require an electric
25 utility to offer any competitive service.
26 (Source: P.A. 90-561, eff. 12-16-97.)