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91_HB0975
LRB9104527JSpc
1 AN ACT to amend the Public Utilities Act by changing
2 Section 16-119A.
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 16-119A as follows:
7 (220 ILCS 5/16-119A)
8 Sec. 16-119A. Functional separation.
9 (a) Within 90 days after December 16, the effective date
10 of this amendatory Act of 1997, the Commission shall open a
11 rulemaking proceeding to establish standards of conduct for
12 every electric utility described in subsection (b). To
13 create efficient competition between suppliers of generating
14 services and sellers of such services at retail and
15 wholesale, the rules shall allow all customers of a public
16 utility that distributes electric power and energy to
17 purchase electric power and energy from the supplier of their
18 choice in accordance with the provisions of Section 16-104.
19 In addition, the rules shall address relations between
20 providers of any 2 services described in subsection (b) to
21 prevent undue discrimination and promote efficient
22 competition. Provided, however, that a proposed rule shall
23 not be published prior to May 15, 1999.
24 (b) The Commission shall also have the authority to
25 investigate the need for, and adopt rules requiring,
26 functional separation between the generation services and the
27 delivery services of those electric utilities whose principal
28 service area is in Illinois as necessary to meet the
29 objective of creating efficient competition between suppliers
30 of generating services and sellers of such services at retail
31 and wholesale. After January 1, 2003, the Commission shall
-2- LRB9104527JSpc
1 also have the authority to investigate the need for, and
2 adopt rules requiring, functional separation between an
3 electric utility's competitive and non-competitive services.
4 (c) In establishing or considering the need for rules
5 under subsections (a) and (b), the Commission shall take into
6 account the effects on the cost and reliability of service
7 and the obligation of the utility to provide bundled service
8 under this Act. The Commission shall adopt rules that are a
9 cost effective means to ensure compliance with this Section.
10 (d) Nothing in this Section shall be construed as
11 imposing any requirements or obligations that are in conflict
12 with federal law.
13 (Source: P.A. 90-561, eff. 12-16-97.)