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92nd General Assembly

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Public Act 92-0756

HB5851 Enrolled                                LRB9214320JSpc

    AN ACT concerning public utilities.

    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 Section 16-119A as follows:

    (220 ILCS 5/16-119A)
    Sec. 16-119A.  Functional separation.
    (a)  Within  90  days  after  the  effective date of this
amendatory  Act  of  1997,  the  Commission  shall   open   a
rulemaking  proceeding  to establish standards of conduct for
every electric  utility  described  in  subsection  (b).   To
create  efficient competition between suppliers of generating
services  and  sellers  of  such  services  at   retail   and
wholesale,  the  rules  shall allow all customers of a public
utility  that  distributes  electric  power  and  energy   to
purchase electric power and energy from the supplier of their
choice  in  accordance with the provisions of Section 16-104.
In  addition,  the  rules  shall  address  relations  between
providers of any 2 services described in  subsection  (b)  to
prevent    undue   discrimination   and   promote   efficient
competition. Provided, however, that a  proposed  rule  shall
not be published prior to May 15, 1999.
    (b)  The  Commission  shall  also  have  the authority to
investigate  the  need  for,  and  adopt   rules   requiring,
functional separation between the generation services and the
delivery services of those electric utilities whose principal
service  area  is  in  Illinois  as  necessary  to  meet  the
objective of creating efficient competition between suppliers
of generating services and sellers of such services at retail
and  wholesale.  After  January 1, 2003, the Commission shall
also have the authority to  investigate  the  need  for,  and
adopt  rules  requiring,  functional  separation  between  an
electric utility's competitive and non-competitive services.
    (b-5)  If there is a change in ownership of a majority of
the  voting  capital  stock  of  an  electric  utility or the
ownership or control of any entity that owns  or  controls  a
majority  of the voting capital stock of an electric utility,
the electric utility shall have the right to  file  with  the
Commission  a new plan.  The newly filed plan shall supersede
any plan previously approved by the  Commission  pursuant  to
this Section for that electric utility, subject to Commission
approval. This subsection only applies to the extent that the
Commission  rules  for  the functional separation of delivery
services and generation services provide an electric  utility
with  the  ability to select from 2 or more options to comply
with this Section. The electric utility may file its  revised
plan  with  the  Commission up to one calendar year after the
conclusion of the sale, purchase, or any  other  transfer  of
ownership   described   in  this  subsection.  In  all  other
respects, an electric utility must comply with the Commission
rules in  effect  under  this  Section.  The  Commission  may
promulgate   rules   to   implement   this  subsection.  This
subsection shall have no legal effect after January 1, 2005.
    (c)  In establishing or considering the  need  for  rules
under subsections (a) and (b), the Commission shall take into
account  the  effects  on the cost and reliability of service
and the obligation of the utility to provide bundled  service
under  this Act.  The Commission shall adopt rules that are a
cost effective means to ensure compliance with this Section.
    (d)  Nothing  in  this  Section  shall  be  construed  as
imposing any requirements or obligations that are in conflict
with federal law.
(Source: P.A. 90-561, eff. 12-16-97.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 09, 2002.
    Approved August 02, 2002.
    Effective August 02, 2002.

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