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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not be published prior to May 15, 1999.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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