Section 412.190  Renewable Energy Product Descriptions

a)         No ARES shall state or imply in any marketing or promotional material that any electric power and energy service marketed or sold by the ARES is "green", "renewable", or "environmentally friendly" or provide any description that conveys the impression that the electric power and energy service has a reduced impact on the environment, unless the ARES purchases and retires the appropriate number of RECs.

b)         An ARES marketing "green", "renewable" or "environmentally friendly" electricity offers, or other offers of any description that convey the impression that the electric power and energy service has a reduced impact on the environment, in compliance with subsection (a), shall comply with the following:

1)         disclose, on all materials used in the marketing of these offers and on its website, the following information:

A)        the total electric power and energy used to supply customers pursuant to the offer, the percentage of electricity paired with RECs;

B)        the renewable energy resource type mix (i.e., corresponding percentage of each resource, such as X% wind, X% solar, etc.) represented by the percentage of electricity in subsection (b)(1)(A), of the RECs that were paired with the electric power and energy used in supplying electricity to customers pursuant to each offer;

2)         disclose on all materials used in the marketing of these offers and on its website the percentage of electricity paired with renewable energy resources through RECs generated in the State of Illinois that will be used in supplying the electricity to customers pursuant to each offer;

3)         if an ARES cannot comply with subsections (b)(1)(C) and/or (b)(2) because it has not committed to particular renewable energy resources and/or has not committed to a particular location or locations of renewable energy resources at the time it markets the offers, the ARES shall disclose this fact in marketing materials and on its website. If the electricity product has been offered for 12 months or more, the ARES shall disclose the renewable energy resource mix (and corresponding percentages of each resource) and percentage of electricity paired with renewable energy resources through RECs generated in the State of Illinois for the electricity product for the previous year. If the electricity product has been offered for fewer than 12 months, the RES must disclose the renewable energy resource mix (and corresponding percentages of each resource) and percentage of electricity paired with renewable energy resources through RECs generated in the State of Illinois that it may purchase for the electricity product;

4)         the disclosures required in subsections (b)(1) through (b)(3) shall also apply to offers posted by an ARES on the Commission's PlugInIllinois.org website;

5)         within 14 months after enrolling a customer on a "green", "renewable" or "environmentally friendly" offer or offers of any description that convey the impression that the electric power and energy service has a reduced impact on the environment, and annually thereafter, the ARES shall:

A)        provide the customer with a written disclosure of the following information for the customer's electric power and energy use:

i)          of the customer's total electric power and energy usage, the percentage of electricity paired with;

ii)         the renewable energy resource type mix (i.e., corresponding percentage of each resource, such as X% wind, X% solar, etc.) and locations (at a minimum by state) of the RECs that were paired with electricity used by the customer; and

B)        upon request, provide Commission Staff with the disclosure referenced in subsection (b)(5)(A) for each offer.  In addition, the ARES shall provide to Commission Staff, upon request, verification of the information submitted pursuant to this Section;

6)         upon request of Commission Staff, the ARES shall provide verification that the renewable energy credits claimed have been retired; and

7)         the annual disclosure requirement of subsection (5) shall apply to "green", "renewable", "environmentally friendly" or similarly phrased claims from ARES serving customers in municipal aggregation programs.

c)         For any electric power or energy service marketed or sold by an ARES that is described as "green", "renewable" or "environmentally friendly", or by any term or descriptor of like or similar meaning, the ARES shall retire the appropriate number of RECs.

(Source:  Amended at 46 Ill. Reg. 19509, effective November 23, 2022)