Public Act 095-1051
 
SB0171 Enrolled LRB095 06643 MJR 26749 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Utilities Act is amended by changing
Sections 19-105, 19-110, 19-115, 19-120, and 19-125 and by
adding Sections 19-111 and 19-112 as follows:
 
    (220 ILCS 5/19-105)
    Sec. 19-105. Definitions. For the purposes of this Article,
the following terms shall be defined as set forth in this
Section.
    "Alternative gas supplier" means every person,
cooperative, corporation, municipal corporation, company,
association, joint stock company or association, firm,
partnership, individual, or other entity, their lessees,
trustees, or receivers appointed by any court whatsoever, that
offers gas for sale, lease, or in exchange for other value
received to one or more customers, or that engages in the
furnishing of gas to one or more customers, and shall include
affiliated interests of a gas utility, resellers, aggregators
and marketers, but shall not include (i) gas utilities (or any
agent of the gas utility to the extent the gas utility provides
tariffed services to customers through an agent); (ii) public
utilities that are owned and operated by any political
subdivision, public institution of higher education or
municipal corporation of this State, or public utilities that
are owned by a political subdivision, public institution of
higher education, or municipal corporation and operated by any
of its lessees or operating agents; (iii) natural gas
cooperatives that are not-for-profit corporations operated for
the purpose of administering, on a cooperative basis, the
furnishing of natural gas for the benefit of their members who
are consumers of natural gas; and (iv) the ownership or
operation of a facility that sells compressed natural gas at
retail to the public for use only as a motor vehicle fuel and
the selling of compressed natural gas at retail to the public
for use only as a motor vehicle fuel.
    "Gas utility" means a public utility, as defined in Section
3-105 of this Act, that has a franchise, license, permit, or
right to furnish or sell gas or transportation services to
customers within a service area.
    "Residential customer" means a customer who receives gas
utility service for household purposes distributed to a
dwelling of 2 or fewer units which is billed under a
residential rate or gas utility service for household purposes
distributed to a dwelling unit or units which is billed under a
residential rate and is registered by a separate meter for each
dwelling unit.
    "Sales agent" means any employee, agent, independent
contractor, consultant, or other person that is engaged by the
alternative gas supplier to solicit customers to purchase,
enroll in, or contract for alternative gas service on behalf of
an alternative gas supplier.
    "Service area" means (i) the geographic area within which a
gas utility was lawfully entitled to provide gas to customers
as of the effective date of this amendatory Act of the 92nd
General Assembly and includes (ii) the location of any customer
to which the gas utility was lawfully providing gas utility
services on such effective date.
    "Small commercial customer" means a nonresidential retail
customer of a natural gas utility who consumed is identified by
the alternative gas supplier, prior to becoming a customer of
the alternative gas supplier, as consuming 5,000 or fewer
therms of natural gas during the previous year; provided that
any alternative gas supplier may remove the customer from
designation as a "small commercial customer" if the customer
consumes more than 5,000 therms of natural gas in any calendar
year after becoming a customer of the alternative gas supplier.
In determining whether a customer has consumed 5,000 or fewer
therms of natural gas during the previous year, usage by the
same commercial customer shall be aggregated to include usage
at the same premises even if measured by more than one meter,
and to include usage at multiple premises. Nothing in this
Section creates an affirmative obligation on a gas utility to
monitor or inform customers or alternative gas suppliers as to
a customer's status as a small commercial customer as that term
is defined herein. Nothing in this Section relieves a gas
utility from any obligation to provide information upon request
to a customer, alternative gas supplier, the Commission, or
others necessary to determine whether a customer meets the
classification of small commercial customers as that term is
defined herein.
    "Tariffed service" means a service provided to customers by
a gas utility as defined by its rates on file with the
Commission pursuant to the provisions of Article IX of this
Act.
    "Transportation services" means those services provided by
the gas utility that are necessary in order for the storage,
transmission and distribution systems to function so that
customers located in the gas utility's service area can receive
gas from suppliers other than the gas utility and shall
include, without limitation, standard metering and billing
services.
(Source: P.A. 94-738, eff. 5-4-06.)
 
    (220 ILCS 5/19-110)
    Sec. 19-110. Certification of alternative gas suppliers.
    (a) The provisions of this Section shall apply only to
alternative gas suppliers 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 commercial customers.
    (b) An alternative gas supplier must obtain a certificate
of service authority from the Commission in accordance with
this Section before serving any customer or other user located
in this State. An alternative gas supplier may request, and the
Commission may grant, a certificate of service authority for
the entire State or for a specified geographic area of the
State. A person, corporation, or other entity acting as an
alternative gas supplier on the effective date of this
amendatory Act of the 92nd General Assembly shall have 180 days
from the effective date of this amendatory Act of the 92nd
General Assembly to comply with the requirements of this
Section in order to continue to operate as an alternative gas
supplier.
    (c) An alternative gas supplier seeking a certificate of
service authority shall file with the Commission a verified
application containing information showing that the applicant
meets the requirements of this Section. The alternative gas
supplier shall publish notice of its application in the
official State newspaper within 10 days following the date of
its filing. No later than 45 days after the application is
properly filed with the Commission, and such notice is
published, the Commission shall issue its order granting or
denying the application.
    (d) An application for a certificate of service authority
shall identify the area or areas in which the applicant intends
to offer service and the types of services it intends to offer.
Applicants that seek to serve residential or small commercial
customers within a geographic area that is smaller than a gas
utility's service area shall submit evidence demonstrating
that the designation of this smaller area does not violate
Section 19-115. An applicant may state in its application for
certification any limitations that will be imposed on the
number of customers or maximum load to be served. The applicant
shall submit as part of its application a statement indicating:
        (1) Whether the applicant has been denied a natural gas
    supplier license in any state in the United States.
        (2) Whether the applicant has had a natural gas
    supplier license suspended or revoked by any state in the
    United States.
        (3) Where, if any, other natural gas supplier license
    applications are pending in the United States.
        (4) Whether the applicant is the subject of any
    lawsuits filed in a court of law or formal complaints filed
    with a regulatory agency alleging fraud, deception or
    unfair marketing practices, or other similar allegations,
    identifying the name, case number, and jurisdiction of each
    such lawsuit or complaint.
    For the purposes of this subsection (d), formal complaints
include only those complaints that seek a binding determination
from a state or federal regulatory body.
    (e) The Commission shall grant the application for a
certificate of service authority if it makes the findings set
forth in this subsection based on the verified application and
such other information as the applicant may submit.
        (1) That the applicant possesses possess sufficient
    technical, financial, and managerial resources and
    abilities to provide the service for which it seeks a
    certificate of service authority. In determining the level
    of technical, financial, and managerial resources and
    abilities which the applicant must demonstrate, the
    Commission shall consider:
            (A) the characteristics, including the size and
        financial sophistication of the customers that the
        applicant seeks to serve; , and shall consider
            (B) whether the applicant seeks to provide gas
        using property, plant, and equipment that it owns,
        controls, or operates; and
            (C) the applicant's commitment of resources to the
        management of sales and marketing staff, through
        affirmative managerial policies, independent audits,
        technology, hands-on field monitoring and training,
        and, in the case of applicants who will have sales
        personnel or sales agents within the State of Illinois,
        the applicant's managerial presence within the State.
        (2) That the applicant will comply with all applicable
    federal, State, regional, and industry rules, policies,
    practices, and procedures for the use, operation, and
    maintenance of the safety, integrity, and reliability of
    the gas transmission system.
        (3) That the applicant will comply with such
    informational or reporting requirements as the Commission
    may by rule establish.
        (4) That the area to be served by the applicant and any
    limitations it proposes on the number of customers or
    maximum amount of load to be served meet the provisions of
    Section 19-115, provided, that if the applicant seeks to
    serve an area smaller than the service area of a gas
    utility or proposes other limitations on the number of
    customers or maximum amount of load to be served, the
    Commission can extend the time for considering such a
    certificate request by up to 90 days, and can schedule
    hearings on such a request.
        (5) That the applicant and the applicant's sales agents
    will comply with all other applicable laws and rules.
    (f) The Commission can extend the time for considering such
a certificate request by up to 90 days, and can schedule
hearings on such a request if:
        (1) a party to the application proceeding has formally
    requested that the Commission hold hearings in a pleading
    that alleges that one or more of the allegations or
    certifications in the application is false or misleading;
    or
        (2) other facts or circumstances exist that will
    necessitate additional time or evidence in order to
    determine whether a certificate should be issued.
    (g) (f) The Commission shall have the authority to
promulgate rules to carry out the provisions of this Section.
Within 30 days after the effective date of this amendatory Act
of the 92nd General Assembly, the Commission shall adopt an
emergency rule or rules applicable to the certification of
those gas suppliers that seek to serve residential customers.
Within 180 days of the effective date of this amendatory Act of
the 92nd General Assembly, the Commission shall adopt rules
that specify criteria which, if met by any such alternative gas
supplier, shall constitute the demonstration of technical,
financial, and managerial resources and abilities to provide
service required by item (1) of subsection (e) of this Section,
such as a requirement to post a bond or letter of credit, from
a responsible surety or financial institution, of sufficient
size for the nature and scope of the services to be provided,
demonstration of adequate insurance for the scope and nature of
the services to be provided, and experience in providing
similar services in other jurisdictions.
    (h) The Commission may deny with prejudice any application
that repeatedly fails to include the attachments,
documentation, and affidavits required by the application form
or that repeatedly fails to provide any other information
required by this Section.
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
 
    (220 ILCS 5/19-111 new)
    Sec. 19-111. Material changes in business.
    (a) The provisions of this Section shall apply only to
alternative gas suppliers 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 commercial customers.
    (b) Alternative gas suppliers shall file with the
Commission a notification of any material change to the
information supplied in a certification application within 30
days of such material change.
        (1) An alternative gas supplier shall file such notice
    under the docket number assigned to the alternative gas
    supplier's certification application, whichever is the
    most recent. The supplier shall also serve such notice upon
    the gas utility company serving customers in the service
    area where the alternative gas supplier is certified to
    provide service.
        (2) After notice and an opportunity for a hearing, the
    Commission may (i) suspend, rescind, or conditionally
    rescind an alternative gas supplier's certificate if it
    determines that the material change will adversely affect
    the alternative gas supplier's fitness or ability to
    provide the services for which it is certified or (ii)
    require the alternative gas supplier to provide reasonable
    financial assurances sufficient to protect their customers
    and gas utilities from default.
    (c) Material changes to the information contained in or
supplied with a certification application include, but are not
limited to, the following:
        (1) Any significant change in ownership (an ownership
    interest of 5% or more) of the applicant or alternative gas
    supplier.
        (2) An affiliation with any gas utility or change of an
    affiliation with a gas utility in this State.
        (3) Retirement or other long-term changes to the
    operational status of supply resources relied upon by the
    alternative gas supplier to provide alternative gas
    service. Changes in the volume of supply from any given
    supply resource replaced by a comparable supply resource do
    not need to be reported.
        (4) Revocation, restriction, or termination of any
    interconnection or service agreement with a pipeline
    company or natural gas company relied upon by an
    alternative gas supplier to provide alternative retail
    natural gas service, but only if such revocation,
    restriction, or termination creates a situation in which
    the alternative gas supplier does not meet the tariffed
    capacity requirements of the relevant Illinois natural gas
    utility or utilities.
        (5) If the alternative gas supplier has a long-term
    bond rating from Standard & Poor's or its successor, or
    Fitch Ratings or its successor, or Moody's Investor Service
    or its successor, and the alternative gas supplier's
    long-term bond rating falls below BBB as reported by
    Standard & Poor's or its successor or Fitch Ratings or its
    successor or below Baa3 as reported by Moody's Investors
    Service or its successor.
        (6) The applicant or alternative gas supplier has or
    intends to file for reorganization, protection from
    creditors, or any other form of bankruptcy with any court.
        (7) Any judgment, finding, or ruling by a court or
    regulatory agency that could affect an alternative gas
    supplier's fitness or ability to provide service in this
    State.
        (8) Any change in the alternative gas supplier's name
    or logo, including without limitation any change in the
    alternative gas supplier's legal name, fictitious names,
    or assumed business names, except for logos and names the
    alternative gas supplier provided as part of its original
    certification process or that the alternative gas supplier
    previously provided to the Commission under this Section.
 
    (220 ILCS 5/19-112 new)
    Sec. 19-112. Managerial resources.
    (a) An alternative gas supplier must maintain sufficient
managerial resources and abilities to provide the service for
which it has a certificate of service authority. In determining
the level of managerial resources and abilities that the
alternative gas supplier must demonstrate, the Commission
shall consider, in addition to the requirements in
19-110(e)(1), the following:
        (1) complaints to the Commission by consumers
    regarding the alternative gas supplier, including those
    that reflect on the alternative gas supplier's ability to
    properly manage solicitation and authorization; and
        (2) the alternative gas supplier's involvement in the
    Commission's consumer complaint process, including the
    resources the alternative gas supplier dedicates to the
    process and the alternative gas supplier's ability to
    manage the issues raised by complaints, and the resolutions
    of the complaints.
    (b) The provisions of this Section shall apply only to
alternative gas suppliers 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 commercial customers, unless otherwise
noted.
 
    (220 ILCS 5/19-115)
    Sec. 19-115. Obligations of alternative gas suppliers.
    (a) The provisions of this Section shall apply only to
alternative gas suppliers 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 commercial customers.
    (b) An alternative gas supplier shall:
        (1) comply with the requirements imposed on public
    utilities by Sections 8-201 through 8-207, 8-301, 8-505 and
    8-507 of this Act, to the extent that these Sections have
    application to the services being offered by the
    alternative gas supplier; and
        (2) continue to comply with the requirements for
    certification stated in Section 19-110; .
        (3) comply with complaint procedures established by
    the Commission;
        (4) except as provided in subsection (h) of this
    Section, file with the Chief Clerk of the Commission,
    within 20 business days after the effective date of this
    amendatory Act of the 95th General Assembly, a copy of bill
    formats, standard customer contract and customer complaint
    and resolution procedures, and the name and telephone
    number of the company representative whom Commission
    employees may contact to resolve customer complaints and
    other matters. In the case of a gas supplier that engages
    in door-to-door solicitation, the company shall file with
    the Commission the consumer information disclosure
    required by item (3) of subsection (c) of Section 2DDD of
    the Consumer Fraud and Deceptive Business Practices Act and
    shall file updated information within 10 business days
    after changes in any of the documents or information
    required to be filed by this item (4); and
        (5) maintain a customer call center where customers can
    reach a representative and receive current information. At
    least once every 6 months, each alternative gas supplier
    shall provide written information to customers explaining
    how to contact the call center. The average answer time for
    calls placed to the call center shall not exceed 60 seconds
    where a representative or automated system is ready to
    render assistance and/or accept information to process
    calls. The abandon rate for calls placed to the call center
    shall not exceed 10%. Each alternative gas supplier shall
    maintain records of the call center's telephone answer time
    performance and abandon call rate. These records shall be
    kept for a minimum of 2 years and shall be made available
    to Commission personnel upon request. In the event that
    answer times and/or abandon rates exceed the limits
    established above, the reporting alternative gas supplier
    may provide the Commission or its personnel with
    explanatory details. At a minimum, these records shall
    contain the following information in monthly increments:
            (A) total number of calls received;
            (B) number of calls answered;
            (C) average answer time;
            (D) number of abandoned calls; and
            (E) abandon call rate.
    Alternative gas suppliers that do not have electronic
answering capability that meets these requirements shall
notify the Manager of the Commission's Consumer Services
Division or its successor within 30 days following the
effective date of this amendatory Act of the 95th General
Assembly and work with Staff to develop individualized
reporting requirements as to the call volume and responsiveness
of the call center.
    On or before March 1 of every year, each entity shall file
a report with the Chief Clerk of the Commission for the
preceding calendar year on its answer time and abandon call
rate for its call center. A copy of the report shall be sent to
the Manager of the Consumer Services Division or its successor.
    (c) An alternative gas supplier shall not submit or execute
a change in a customer's selection of a natural gas provider
unless and until (i) the alternative gas supplier first
discloses all material terms and conditions of the offer to the
customer; (ii) the alternative gas supplier has obtained the
customer's express agreement to accept the offer after the
disclosure of all material terms and conditions of the offer;
and (iii) the alternative gas supplier has confirmed the
request for a change in accordance with one of the following
procedures:
        (1) The alternative gas supplier has obtained the
    customer's written or electronically signed authorization
    in a form that meets the following requirements:
            (A) An alternative gas supplier shall obtain any
        necessary written or electronically signed
        authorization from a customer for a change in natural
        gas service by using a letter of agency as specified in
        this Section. Any letter of agency that does not
        conform with this Section is invalid.
            (B) The letter of agency shall be a separate
        document (or an easily separable document containing
        only the authorization language described in item (E)
        of this paragraph (1)) whose sole purpose is to
        authorize a natural gas provider change. The letter of
        agency must be signed and dated by the customer
        requesting the natural gas provider change.
            (C) The letter of agency shall not be combined with
        inducements of any kind on the same document.
            (D) Notwithstanding items (A) and (B) of this
        paragraph (1), the letter of agency may be combined
        with checks that contain only the required letter of
        agency language prescribed in item (E) of this
        paragraph (1) and the necessary information to make the
        check a negotiable instrument. The letter of agency
        check shall not contain any promotional language or
        material. The letter of agency check shall contain in
        easily readable, bold face type on the face of the
        check a notice that the consumer is authorizing a
        natural gas provider change by signing the check. The
        letter of agency language also shall be placed near the
        signature line on the back of the check.
            (E) At a minimum, the letter of agency must be
        printed with a print of sufficient size to be clearly
        legible and must contain clear and unambiguous
        language that confirms:
                (i) the customer's billing name and address;
                (ii) the decision to change the natural gas
            provider from the current provider to the
            prospective alternative gas supplier;
                (iii) the terms, conditions, and nature of the
            service to be provided to the customer, including,
            but not limited to, the rates for the service
            contracted for by the customer; and
                (iv) that the customer understands that any
            natural gas provider selection the customer
            chooses may involve a charge to the customer for
            changing the customer's natural gas provider.
            (F) Letters of agency shall not suggest or require
        that a customer take some action in order to retain the
        customer's current natural gas provider.
            (G) If any portion of a letter of agency is
        translated into another language, then all portions of
        the letter of agency must be translated into that
        language.
        (2) An appropriately qualified independent third party
    has obtained, in accordance with the procedures set forth
    in this paragraph (2), the customer's oral authorization to
    change natural gas providers that confirms and includes
    appropriate verification data. The independent third party
    must (i) not be owned, managed, controlled, or directed by
    the alternative gas supplier or the alternative gas
    supplier's marketing agent; (ii) not have any financial
    incentive to confirm provider change requests for the
    alternative gas supplier or the alternative gas supplier's
    marketing agent; and (iii) operate in a location physically
    separate from the alternative gas supplier or the
    alternative gas supplier's marketing agent. Automated
    third-party verification systems and 3-way conference
    calls may be used for verification purposes so long as the
    other requirements of this paragraph (2) are satisfied. An
    alternative gas supplier or alternative gas supplier's
    sales representative initiating a 3-way conference call or
    a call through an automated verification system must drop
    off the call once the 3-way connection has been
    established. All third-party verification methods shall
    elicit, at a minimum, the following information:
            (A) the identity of the customer;
            (B) confirmation that the person on the call is
        authorized to make the provider change;
            (C) confirmation that the person on the call wants
        to make the provider change;
            (D) the names of the providers affected by the
        change;
            (E) the service address of the service to be
        switched; and
            (F) the price of the service to be provided and the
        material terms and conditions of the service being
        offered, including whether any early termination fees
        apply.
        Third-party verifiers may not market the alternative
    gas supplier's services by providing additional
    information. All third-party verifications shall be
    conducted in the same language that was used in the
    underlying sales transaction and shall be recorded in their
    entirety. Submitting alternative gas suppliers shall
    maintain and preserve audio records of verification of
    customer authorization for a minimum period of 2 years
    after obtaining the verification. Automated systems must
    provide customers with an option to speak with a live
    person at any time during the call.
        (3) The alternative gas supplier has obtained the
    customer's authorization via an automated verification
    system to change natural gas service via telephone. An
    automated verification system is an electronic system
    that, through pre-recorded prompts, elicits voice
    responses, touchtone responses, or both, from the customer
    and records both the prompts and the customer's responses.
    Such authorization must elicit the information in
    paragraph (2)(A) through (F) of this subsection (c).
    Alternative gas suppliers electing to confirm sales
    electronically through an automated verification system
    shall establish one or more toll-free telephone numbers
    exclusively for that purpose. Calls to the number or
    numbers shall connect a customer to a voice response unit,
    or similar mechanism, that makes a date-stamped,
    time-stamped recording of the required information
    regarding the alternative gas supplier change.
        The alternative gas supplier shall not use such
    electronic authorization systems to market its services.
        (4) When a consumer initiates the call to the
    prospective alternative gas supplier, in order to enroll
    the consumer as a customer, the prospective alternative gas
    supplier must, with the consent of the customer, make a
    date-stamped, time-stamped audio recording that elicits,
    at a minimum, the following information:
            (A) the identity of the customer;
            (B) confirmation that the person on the call is
        authorized to make the provider change;
            (C) confirmation that the person on the call wants
        to make the provider change;
            (D) the names of the providers affected by the
        change;
            (E) the service address of the service to be
        switched; and
            (F) the price of the service to be supplied and the
        material terms and conditions of the service being
        offered, including whether any early termination fees
        apply.
        Submitting alternative gas suppliers shall maintain
    and preserve the audio records containing the information
    set forth above for a minimum period of 2 years.
        (5) In the event that a customer enrolls for service
    from an alternative gas supplier via an Internet website,
    the alternative gas supplier shall obtain an
    electronically signed letter of agency in accordance with
    paragraph (1) of this subsection (c) and any customer
    information shall be protected in accordance with all
    applicable statutes and regulations. In addition, an
    alternative gas supplier shall provide the following when
    marketing via an Internet website:
            (A) The Internet enrollment website shall, at a
        minimum, include:
                (i) a copy of the alternative gas supplier's
            customer contract that clearly and conspicuously
            discloses all terms and conditions; and
                (ii) a conspicuous prompt for the customer to
            print or save a copy of the contract.
            (B) Any electronic version of the contract shall be
        identified by version number, in order to ensure the
        ability to verify the particular contract to which the
        customer assents.
            (C) Throughout the duration of the alternative gas
        supplier's contract with a customer, the alternative
        gas supplier shall retain and, within 3 business days
        of the customer's request, provide to the customer an
        e-mail, paper, or facsimile of the terms and conditions
        of the numbered contract version to which the customer
        assents.
            (D) The alternative gas supplier shall provide a
        mechanism by which both the submission and receipt of
        the electronic letter of agency are recorded by time
        and date.
            (E) After the customer completes the electronic
        letter of agency, the alternative gas supplier shall
        disclose conspicuously through its website that the
        customer has been enrolled, and the alternative gas
        supplier shall provide the customer an enrollment
        confirmation number.
        (6) When a customer is solicited in person by the
    alternative gas supplier's sales agent, the alternative
    gas supplier may only obtain the customer's authorization
    to change natural gas service through the method provided
    for in paragraph (2) of this subsection (c).
    Alternative gas suppliers must be in compliance with this
subsection (c) within 90 days after the effective date of this
amendatory Act of the 95th General Assembly.
    (d) Complaints may be filed with the Commission under this
Section by a customer whose natural gas service has been
provided by an alternative gas supplier in a manner not in
compliance with subsection (c) of this Section. If, after
notice and hearing, the Commission finds that an alternative
gas supplier has violated subsection (c), then the Commission
may in its discretion do any one or more of the following:
        (1) Require the violating alternative gas supplier to
    refund the customer charges collected in excess of those
    that would have been charged by the customer's authorized
    natural gas provider.
        (2) Require the violating alternative gas supplier to
    pay to the customer's authorized natural gas provider the
    amount the authorized natural gas provider would have
    collected for natural gas service. The Commission is
    authorized to reduce this payment by any amount already
    paid by the violating alternative gas supplier to the
    customer's authorized natural gas provider.
        (3) Require the violating alternative gas supplier to
    pay a fine of up to $1,000 into the Public Utility Fund for
    each repeated and intentional violation of this Section.
        (4) Issue a cease and desist order.
        (5) For a pattern of violation of this Section or for
    intentionally violating a cease and desist order, revoke
    the violating alternative gas supplier's certificate of
    service authority.
    (c) An alternative gas supplier shall obtain verifiable
authorization from a customer, in a form or manner approved by
the Commission, before the customer is switched from another
supplier.
    (e) (d) No alternative gas supplier shall:
        (1) enter into or employ any arrangements which have
    the effect of preventing any customer from having access to
    the services of the gas utility in whose service area the
    customer is located; or
        (2) charge customers for such access; .
        (3) bill for goods or services not authorized by the
    customer; or
        (4) bill for a disputed amount where the alternative
    gas supplier has been provided notice of such dispute. The
    supplier shall attempt to resolve a dispute with the
    customer. When the dispute is not resolved to the
    customer's satisfaction, the supplier shall inform the
    customer of the right to file an informal complaint with
    the Commission and provide contact information. While the
    pending dispute is active at the Commission, an alternative
    gas supplier may bill only for the undisputed amount until
    the Commission has taken final action on the complaint.
    (f) (e) An alternative gas supplier that is certified to
serve residential or small commercial customers shall not:
        (1) deny service to a customer or group of customers
    nor establish any differences as to prices, terms,
    conditions, services, products, facilities, or in any
    other respect, whereby such denial or differences are based
    upon race, gender, or income; or
        (2) deny service based on locality, nor establish any
    unreasonable difference as to prices, terms, conditions,
    services, products, or facilities as between localities; .
        (3) include in any agreement a provision that obligates
    a customer to the terms of the agreement if the customer
    (i) moves outside the State of Illinois; (ii) moves to a
    location without a transportation service program; or
    (iii) moves to a location where the customer will not
    require natural gas service, provided that nothing in this
    subsection precludes an alternative gas supplier from
    taking any action otherwise available to it to collect a
    debt that arises out of service provided to the customer
    before the customer moved; or
        (4) assign the agreement to any alternative natural gas
    supplier, unless:
            (A) the supplier is an alternative gas supplier
        certified by the Commission;
            (B) the rates, terms, and conditions of the
        agreement being assigned do not change during the
        remainder of the time covered by the agreement;
            (C) the customer is given no less than 30 days
        prior written notice of the assignment and contact
        information for the new supplier; and
            (D) the supplier assigning the contract provides
        contact information that a customer can use to resolve
        a dispute.
    (g) (f) An alternative gas supplier shall comply with the
following requirements with respect to the marketing,
offering, and provision of products or services:
        (1) Any marketing materials which make statements
    concerning prices, terms, and conditions of service shall
    contain information that adequately discloses the prices,
    terms and conditions of the products or services.
        (2) Before any customer is switched from another
    supplier, the alternative gas supplier shall give the
    customer written information that clearly and
    conspicuously adequately discloses, in plain language, the
    prices, terms, and conditions of the products and services
    being offered and sold to the customer. Nothing in this
    paragraph (2) may be read to relieve an alternative gas
    supplier from the duties imposed on it by item (3) of
    subsection (c) of Section 2DDD of the Consumer Fraud and
    Deceptive Business Practices Act.
        (3) The alternative gas supplier shall provide to the
    customer:
            (A) accurate, timely, and itemized billing
        statements that describe the products and services
        provided to the customer and their prices and that
        specify the gas consumption amount and any service
        charges and taxes; provided that this item (g)(3)(A)
        (f)(3)(A) does not apply to small commercial
        customers;
            (B) billing statements that clearly and
        conspicuously discloses the name and contact
        information for the alternative gas supplier;
            (C) an additional statement, at least annually,
        that adequately discloses the average monthly prices,
        and the terms and conditions, of the products and
        services sold to the customer; provided that this item
        (g)(3)(C) (f)(3)(B) does not apply to small commercial
        customers;
            (D) (C) refunds of any deposits with interest
        within 30 days after the date that the customer changes
        gas suppliers or discontinues service if the customer
        has satisfied all of his or her outstanding financial
        obligations to the alternative gas supplier at an
        interest rate set by the Commission which shall be the
        same as that required of gas utilities; and
            (E) (D) refunds, in a timely fashion, of all
        undisputed overpayments upon the oral or written
        request of the customer.
        (4) An alternative gas supplier and its sales agents
    shall refrain from any direct marketing or soliciting to
    consumers on the gas utility's "Do Not Contact List", which
    the alternative gas supplier shall obtain on the 15th
    calendar day of the month from the gas utility in whose
    service area the consumer is provided with gas service. If
    the 15th calendar day is a non-business day, then the
    alternative gas supplier shall obtain the list on the next
    business day following the 15th calendar day of that month.
        (5) Early Termination.
            (A) Any agreement that contains an early
        termination clause shall disclose the amount of the
        early termination fee, provided that any early
        termination fee or penalty shall not exceed $50 total,
        regardless of whether or not the agreement is a
        multiyear agreement.
            (B) In any agreement that contains an early
        termination clause, an alternative gas supplier shall
        provide the customer the opportunity to terminate the
        agreement without any termination fee or penalty
        within 10 business days after the date of the first
        bill issued to the customer for products or services
        provided by the alternative gas supplier. The
        agreement shall disclose the opportunity and provide a
        toll-free phone number that the customer may call in
        order to terminate the agreement.
        (6) Within 2 business days after electronic receipt of
    a customer switch from the alternative gas supplier and
    confirmation of eligibility, the gas utility shall provide
    the customer written notice confirming the switch. The gas
    utility shall not switch the service until 10 business days
    after the date on the notice to the customer.
        (7) The alternative gas supplier shall provide each
    customer the opportunity to rescind its agreement without
    penalty within 10 business days after the date on the gas
    utility notice to the customer. The alternative gas
    supplier shall disclose all of the following:
            (A) that the gas utility shall send a notice
        confirming the switch;
            (B) that from the date the utility issues the
        notice confirming the switch, the customer shall have
        10 business days to rescind the switch without penalty;
            (C) that the customer shall contact the gas utility
        or the alternative gas supplier to rescind the switch;
        and
            (D) the contact information for the gas utility.
        The alternative gas supplier disclosure shall be
    included in its sales solicitations, contracts, and all
    applicable sales verification scripts.
    (h) (g) An alternative gas supplier may limit the overall
size or availability of a service offering by specifying one or
more of the following:
        (1) a maximum number of customers and maximum amount of
    gas load to be served;
        (2) time period during which the offering will be
    available; or
        (3) other comparable limitation, but not including the
    geographic locations of customers within the area which the
    alternative gas supplier is certificated to serve.
    The alternative gas supplier shall file the terms and
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
    (i) (h) Nothing in this Section shall be construed as
preventing an alternative gas supplier that is an affiliate of,
or which contracts with, (i) an industry or trade organization
or association, (ii) a membership organization or association
that exists for a purpose other than the purchase of gas, or
(iii) another organization that meets criteria established in a
rule adopted by the Commission from offering through the
organization or association services at prices, terms and
conditions that are available solely to the members of the
organization or association.
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
 
    (220 ILCS 5/19-120)
    Sec. 19-120. Commission oversight of services provided by
gas suppliers.
    (a) The provisions of this Section shall apply only to
alternative gas suppliers 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 commercial customers.
    (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
alternative 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 mitigate in any way the power and authority of the
State's Attorneys or the Attorney General under the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
 
    (220 ILCS 5/19-125)
    Sec. 19-125. Consumer education.
    (a) The Commission shall make available upon request and at
no charge, and shall make available to the public on the
Internet through the State of Illinois World Wide Web site:
        (1) a list of all certified alternative gas suppliers
    serving residential and small commercial customers within
    the service area of each gas utility including, in the case
    of the Internet, computer links to available web sites of
    the certified alternative gas suppliers;
        (2) a list of all certified alternative gas suppliers
    serving residential or small commercial customers that
    have been found in the last 3 years by the Commission
    pursuant to Section 10-108 to have failed to provide
    service in accordance with this Act;
        (3) guidelines to assist customers in determining
    which gas supplier is most appropriate for each customer;
    and
        (4) Internet links to providers of information that
    enables customers to compare prices and services of gas
    utilities and alternative gas suppliers, if and when that
    information is available.
    (a-5) The Commission shall develop no later than 6 months
after the effective date of this amendatory Act of the 95th
General Assembly and maintain consumer education information
to help residential and small commercial consumers understand
their gas supply options and their rights and responsibilities.
The Commission shall publish the consumer education
information on its World Wide Web site.
    (a-10) To assist the Commission in developing consumer
education information, the Commission shall form a working
group that shall consist of representatives of gas utilities
with residential and small commercial gas transportation
service programs, alternative gas suppliers, the Attorney
General, the Citizens Utility Board, and the Commission.
    (a-15) At a minimum, the consumer education information
developed by the Commission shall include explanations or
descriptions of the following:
        (1) The choices available to consumers to take gas
    service from an alternative retail gas supplier or remain
    as a retail customer of the gas utility.
        (2) A consumer's rights and responsibilities in
    receiving service from an alternative retail gas supplier
    or remaining as a retail customer of the gas utility.
        (3) The gas utility's role in delivering gas,
    including, but not limited to, utility response to calls
    for service and gas leaks.
        (4) The legal obligations of alternative retail gas
    suppliers.
        (5) The components of a bill that could be received by
    a customer taking delivery services.
        (6) The procedures available to customers to address
    complaints against a gas utility or an alternative retail
    gas supplier and a list of phone numbers and other contact
    information for the Commission, the Attorney General, or
    the Citizens Utility Board.
        (7) Guidance to assist consumers in making educated
    decisions when choosing their natural gas provider,
    including:
            (A) how to compare prices;
            (B) questions to ask when considering natural gas
        providers; and
            (C) current and historical utility gas rates.
        (8) The availability of the "Do Not Contact List" for
    those who do not wish to be solicited by natural gas
    providers.
    (b) In any service area where customers are able to choose
their natural gas supplier, the Commission shall require gas
utilities and alternative gas suppliers to inform customers of
how they may contact the Commission in order to obtain
information about the customer choice program.
    (c) The Commission shall adopt a uniform disclosure that
alternative gas suppliers shall be required to complete for
each product offering. The uniform disclosure shall contain, at
a minimum:
        (1) for products with a fixed price per therm, the
    price per therm;
        (2) the length of the initial term of the product, or,
    if applicable, the expiration date of the initial term of
    the product;
        (3) the amount of the termination fees, if any;
        (4) the amount of the administrative fees, other fees,
    or recurring charges, if any, to be listed separately for
    each and every fee or charge;
        (5) for products with a variable price per therm, the
    terms of such variability, including, but not limited to,
    any index that is used to calculate the price and any
    additional charges, costs and fees; and
        (6) for products where a customer's charges are a fixed
    amount per billing period regardless of the market price
    for natural gas or the customer's natural gas consumption
    during the billing period, the billing period covered.
        If the alternative gas supplier will not offer a
    different product for new customers as of the first of the
    month, then the alternative gas supplier does not have to
    provide new information until the first day of the month in
    which a different product or products are being offered.
        The Commission shall post this information on its World
    Wide Web site in a manner that shall enable customers to
    compare prices, terms, and conditions offered by the
    alternative gas suppliers. The website shall be updated at
    least monthly and the Commission shall maintain this
    information on its website for at least 12 months to allow
    customers to compare the historical plans and prices for
    all alternative gas suppliers.
    (d) The Commission shall make available in print, upon
request and at no charge and on its World Wide Web site,
information on which customers of alternative gas suppliers
serving residential and small commercial customers may address
any complaint with regard to an alternative gas supplier's
obligations under Section 19-115 of this Article, including the
provision of service in accordance with the terms of its
contract, sales tactics, and rates. The Commission shall
maintain a summary by category and provider of all formal and
informal complaints it receives pursuant to this Section, and
it shall publish the summary on a quarterly basis on its World
Wide Web site. Individual customer information shall not be
included in the summary.
    (e) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.
(Source: P.A. 92-852, eff. 8-26-02.)
 
    Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Sections 2DDD, 2EEE, 2FFF,
and 2GGG as follows:
 
    (815 ILCS 505/2DDD new)
    Sec. 2DDD. Alternative gas suppliers.
    (a) Definitions.
        (1) "Alternative gas supplier" has the same meaning as
    in Section 19-105 of the Public Utilities Act.
        (2) "Gas utility" has the same meaning as in Section
    19-105 of the Public Utilities Act.
    (b) It is an unfair or deceptive act or practice within the
meaning of Section 2 of this Act for any person to violate any
provision of this Section.
    (c) Solicitation.
        (1) An alternative gas supplier shall not misrepresent
    the affiliation of any alternative supplier with the gas
    utility, governmental bodies, or consumer groups.
        (2) If any sales solicitation, agreement, contract, or
    verification is translated into another language and
    provided to a customer, all of the documents must be
    provided to the customer in that other language.
        (3) An alternative gas supplier shall clearly and
    conspicuously disclose the following information to all
    customers:
            (A) the prices, terms, and conditions of the
        products and services being sold to the customer;
            (B) where the solicitation occurs in person,
        including through door-to-door solicitation, the
        salesperson's name;
            (C) the alternative gas supplier's contact
        information, including the address, phone number, and
        website;
            (D) contact information for the Illinois Commerce
        Commission, including the toll-free number for
        consumer complaints and website;
            (E) a statement of the customer's right to rescind
        the offer within 10 business days of the date on the
        utility's notice confirming the customer's decision to
        switch suppliers, as well as phone numbers for the
        supplier and utility that the consumer may use to
        rescind the contract; and
            (F) the amount of the early termination fee, if
        any.
        (4) Except as provided in paragraph (5) of this
    subsection (c), an alternative gas supplier shall send the
    information described in paragraph (3) of this subsection
    (c) to all customers within one business day of the
    authorization of a switch.
        (5) An alternative gas supplier engaging in
    door-to-door solicitation of consumers shall provide the
    information described in paragraph (3) of this subsection
    (c) during all door-to-door solicitations that result in a
    customer deciding to switch their supplier.
    (d) Customer Authorization. An alternative gas supplier
shall not submit or execute a change in a customer's selection
of a natural gas provider unless and until (i) the alternative
gas supplier first discloses all material terms and conditions
of the offer to the customer; (ii) the alternative gas supplier
has obtained the customer's express agreement to accept the
offer after the disclosure of all material terms and conditions
of the offer; and (iii) the alternative gas supplier has
confirmed the request for a change in accordance with one of
the following procedures:
        (1) The alternative gas supplier has obtained the
    customer's written or electronically signed authorization
    in a form that meets the following requirements:
            (A) An alternative gas supplier shall obtain any
        necessary written or electronically signed
        authorization from a customer for a change in natural
        gas service by using a letter of agency as specified in
        this Section. Any letter of agency that does not
        conform with this Section is invalid.
            (B) The letter of agency shall be a separate
        document (or an easily separable document containing
        only the authorization language described in item (E)
        of this paragraph (1)) whose sole purpose is to
        authorize a natural gas provider change. The letter of
        agency must be signed and dated by the customer
        requesting the natural gas provider change.
            (C) The letter of agency shall not be combined with
        inducements of any kind on the same document.
            (D) Notwithstanding items (A) and (B) of this
        paragraph (1), the letter of agency may be combined
        with checks that contain only the required letter of
        agency language prescribed in item (E) of this
        paragraph (1) and the necessary information to make the
        check a negotiable instrument. The letter of agency
        check shall not contain any promotional language or
        material. The letter of agency check shall contain in
        easily readable, bold face type on the face of the
        check, a notice that the consumer is authorizing a
        natural gas provider change by signing the check. The
        letter of agency language also shall be placed near the
        signature line on the back of the check.
            (E) At a minimum, the letter of agency must be
        printed with a print of sufficient size to be clearly
        legible, and must contain clear and unambiguous
        language that confirms:
                (i) the customer's billing name and address;
                (ii) the decision to change the natural gas
            provider from the current provider to the
            prospective alternative gas supplier;
                (iii) the terms, conditions, and nature of the
            service to be provided to the customer, including,
            but not limited to, the rates for the service
            contracted for by the customer; and
                (iv) that the customer understands that any
            natural gas provider selection the customer
            chooses may involve a charge to the customer for
            changing the customer's natural gas provider.
            (F) Letters of agency shall not suggest or require
        that a customer take some action in order to retain the
        customer's current natural gas provider.
            (G) If any portion of a letter of agency is
        translated into another language, then all portions of
        the letter of agency must be translated into that
        language.
        (2) An appropriately qualified independent third party
    has obtained, in accordance with the procedures set forth
    in this paragraph (2), the customer's oral authorization to
    change natural gas providers that confirms and includes
    appropriate verification data. The independent third party
    must (i) not be owned, managed, controlled, or directed by
    the alternative gas supplier or the alternative gas
    supplier's marketing agent; (ii) not have any financial
    incentive to confirm provider change requests for the
    alternative gas supplier or the alternative gas supplier's
    marketing agent; and (iii) operate in a location physically
    separate from the alternative gas supplier or the
    alternative gas supplier's marketing agent. Automated
    third-party verification systems and 3-way conference
    calls may be used for verification purposes so long as the
    other requirements of this paragraph (2) are satisfied. A
    alternative gas supplier or alternative gas supplier's
    sales representative initiating a 3-way conference call or
    a call through an automated verification system must drop
    off the call once the 3-way connection has been
    established. All third-party verification methods shall
    elicit, at a minimum, the following information:
            (A) the identity of the customer;
            (B) confirmation that the person on the call is
        authorized to make the provider change;
            (C) confirmation that the person on the call wants
        to make the provider change;
            (D) the names of the providers affected by the
        change;
            (E) the service address of the service to be
        switched; and
            (F) the price of the service to be provided and the
        material terms and conditions of the service being
        offered, including whether any early termination fees
        apply.
        Third-party verifiers may not market the alternative
    gas supplier's services. All third-party verifications
    shall be conducted in the same language that was used in
    the underlying sales transaction and shall be recorded in
    their entirety. Submitting alternative gas suppliers shall
    maintain and preserve audio records of verification of
    customer authorization for a minimum period of 2 years
    after obtaining the verification. Automated systems must
    provide customers with an option to speak with a live
    person at any time during the call.
        (3) The alternative gas supplier has obtained the
    customer's electronic authorization to change in natural
    gas service via telephone. Such authorization must elicit
    the information in paragraph (2)(A) through (F) of this
    subsection (d). Alternative gas suppliers electing to
    confirm sales electronically shall establish one or more
    toll-free telephone numbers exclusively for that purpose.
    Calls to the number or numbers shall will connect a
    customer to a voice response unit, or similar mechanism,
    that makes a date-stamped, time-stamped recording of the
    required information regarding the alternative gas
    supplier change.
        The alternative gas supplier shall not use such
    electronic authorization systems to market its services.
        (4) When a consumer initiates the call to the
    prospective alternative gas supplier, in order to enroll
    the consumer as a customer, the prospective alternative gas
    supplier must, with the consent of the customer, make a
    date-stamped, time-stamped audio recording that elicits,
    at a minimum, the following information:
            (A) the identity of the customer;
            (B) confirmation that the person on the call is
        authorized to make the provider change;
            (C) confirmation that the person on the call wants
        to make the provider change;
            (D) the names of the providers affected by the
        change;
            (E) the service address of the service to be
        switched; and
            (F) the price of the service to be supplied and the
        material terms and conditions of the service being
        offered, including whether any early termination fees
        apply.
        Submitting alternative gas suppliers shall maintain
    and preserve the audio records containing the information
    set forth above for a minimum period of 2 years.
        (5) In the event that a customer enrolls for service
    from an alternative gas supplier via an Internet website,
    the alternative gas supplier shall obtain an
    electronically signed letter of agency in accordance with
    paragraph (1) of this subsection (d) and any customer
    information shall be protected in accordance with all
    applicable statutes and rules. In addition, an alternative
    gas supplier shall provide the following when marketing via
    an Internet website:
            (A) The Internet enrollment website shall, at a
        minimum, include:
                (i) a copy of the alternative gas supplier's
            customer contract, which clearly and conspicuously
            discloses all terms and conditions; and
                (ii) a conspicuous prompt for the customer to
            print or save a copy of the contract.
            (B) Any electronic version of the contract shall be
        identified by version number, in order to ensure the
        ability to verify the particular contract to which the
        customer assents.
            (C) Throughout the duration of the alternative gas
        supplier's contract with a customer, the alternative
        gas supplier shall retain and, within 3 business days
        of the customer's request, provide to the customer an
        e-mail, paper, or facsimile of the terms and conditions
        of the numbered contract version to which the customer
        assents.
            (D) The alternative gas supplier shall provide a
        mechanism by which both the submission and receipt of
        the electronic letter of agency are recorded by time
        and date.
            (E) After the customer completes the electronic
        letter of agency, the alternative gas supplier shall
        disclose conspicuously through its website that the
        customer has been enrolled and the alternative gas
        supplier shall provide the customer an enrollment
        confirmation number.
        (6) When a customer is solicited in person by the
    alternative gas supplier's sales agent, the alternative
    gas supplier may only obtain the customer's authorization
    to change natural gas service through the method provided
    for in paragraph (2) of this subsection (d).
    Alternative gas suppliers must be in compliance with the
provisions of this subsection (d) within 90 days after the
effective date of this amendatory Act of the 95th General
Assembly.
    (e) Early Termination.
        (1) Any agreement that contains an early termination
    clause shall disclose the amount of the early termination
    fee, provided that any early termination fee or penalty
    shall not exceed $50 total, regardless of whether or not
    the agreement is a multiyear agreement.
        (2) In any agreement that contains an early termination
    clause, an alternative gas supplier shall provide the
    customer the opportunity to terminate the agreement
    without any termination fee or penalty within 10 business
    days after the date of the first bill issued to the
    customer for products or services provided by the
    alternative gas supplier. The agreement shall disclose the
    opportunity and provide a toll-free phone number that the
    customer may call in order to terminate the agreement.
    (f) The alternative gas supplier shall provide each
customer the opportunity to rescind its agreement without
penalty within 10 business days after the date on the gas
utility notice to the customer. The alternative gas supplier
shall disclose to the customer all of the following:
        (1) that the gas utility shall send a notice confirming
    the switch;
        (2) that from the date the utility issues the notice
    confirming the switch, the customer shall have 10 business
    days before the switch will become effective;
        (3) that the customer may contact the gas utility or
    the alternative gas supplier to rescind the switch within
    10 business days; and
        (4) the contact information for the gas utility and the
    alternative gas supplier.
    The alternative gas supplier disclosure shall be included
in its sales solicitations, contracts, and all applicable sales
verification scripts.
    (g) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.
 
    (815 ILCS 505/2EEE new)
    Sec. 2EEE. Natural gas service advertising. Any
advertisement for natural gas service that lists rates shall
clearly and conspicuously disclose all associated costs for
such service including, but not limited to, access fees and
service fees. It is an unfair or deceptive act or practice
within the meaning of Section 2 of this Act for any person to
violate this Section.
    The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.
 
    (815 ILCS 505/2FFF new)
    Sec. 2FFF. All personal information relating to the
customer of transmission, distribution, metering, or billing
of natural gas service, or the customer purchasing the
commodity of natural gas to be delivered through the
distribution system of a natural gas provider, shall be
maintained by the natural gas providers solely for the purpose
of generating the bill for such sales and services, and shall
not be divulged to any other persons with the exception of
credit bureaus, collection agencies, and persons licensed to
market natural gas service in the State of Illinois, without
the written consent of the customer. It is an unfair or
deceptive act or practice within the meaning of Section 2 of
this Act for any person to violate this Section.
    The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.
 
    (815 ILCS 505/2GGG new)
    Sec. 2GGG. Prohibition of prize promotions to solicit
authority to provide alternative natural gas service.
    (a) It is an unfair or deceptive act or practice within the
meaning of Section 2 of this Act for any person to solicit
authority to execute a change of gas suppliers or to solicit
authority to provide any alternative gas service through the
use of any sweepstakes, contests, or drawings.
    (b) Forms or documents used or intended to be used by
consumers to enter sweepstakes, contests, or drawings of any
description may not be used by any person as written authority
to execute a change of any person's gas supplier or to render
any gas supply service.
    (c) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential and small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential and small commercial customers.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.