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| Public Act 098-0554 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by adding | ||||
Section 16-103.2 as follows: | ||||
(220 ILCS 5/16-103.2 new) | ||||
Sec. 16-103.2. Market Settlement Service. | ||||
(a) Notwithstanding anything to the contrary, an electric | ||||
utility shall be permitted, at its election, to provide Market | ||||
Settlement Service, which, for purposes of this Section, shall | ||||
mean a tariffed, unbundled electric power and energy supply | ||||
service applicable to all of the electric utility's retail | ||||
customers having maximum demands exceeding 400 kilowatts, as | ||||
measured in accordance with the electric utility's retail | ||||
tariffs, that do not otherwise purchase all of their electric | ||||
power and energy supply service from the electric utility. | ||||
Market Settlement Service shall apply to the difference between | ||||
(i) the actual quantities of electric power and energy supply | ||||
provided to any such retail customer during a given period and | ||||
(ii) the quantities of such supply that were deemed to have | ||||
been provided to such retail customer for the purposes of the | ||||
applicable regional transmission organization's final | ||||
wholesale market settlements during that same period. An | ||||
electric utility providing Market Settlement Service may also, | ||
at its election, include in Market Settlement Service electric | ||
capacity, transmission services, or other services that are | ||
also provided by or through a regional transmission | ||
organization to retail customers who receive tariffed electric | ||
power and energy supply service with hourly pricing provisions | ||
at quantities assigned to such retail customer pursuant to the | ||
electric utility's Market Settlement Service tariff. Charges | ||
(if the actual quantities provided were greater) or credits (if | ||
the actual quantities provided were less) shall be calculated | ||
based on the same unit rate or rates set forth in the electric | ||
utility's tariff or tariffs for electric power and energy | ||
supply service with hourly pricing provisions applicable to its | ||
retail customers having maximum demands exceeding 400 | ||
kilowatts, provided, however, that any reconciliation | ||
provision set forth in such tariff or tariffs, including any | ||
charges or credits resulting therefrom, shall not apply to | ||
Market Settlement Service. | ||
An electric utility providing Market Settlement Service | ||
shall be permitted to recover all of its reasonable and | ||
prudently incurred administrative and operational costs of | ||
providing this service from all of its retail customers through | ||
its delivery services charges. An electric utility providing | ||
Market Settlement Service shall be permitted to recover its | ||
reasonable and prudent initial implementation and start-up | ||
costs from retail consumers having maximum demands exceeding | ||
400 kilowatts through its delivery service charges. | ||
(b) Market Settlement Service shall be provided pursuant to | ||
a tariff of the electric utility on file with the Commission. | ||
The electric utility's Market Settlement Service tariff shall | ||
include provisions for the determination of the quantities | ||
subject to Market Settlement Service for any retail customer | ||
that receives only a portion of its electric power and energy | ||
requirements from an alternative retail electric supplier or | ||
electric utility operating outside of its service territory. | ||
Notwithstanding subsection (a) of this Section, the electric | ||
utility may elect to (i) exclude from Market Settlement Service | ||
any portion of the difference described in subsection (a) of | ||
this Section attributable to a delayed initial retail electric | ||
service bill for a given period and (ii) provide Market | ||
Settlement Service limited to an entire retail billing period | ||
or periods, without proration, notwithstanding that the | ||
applicable regional transmission organization's final | ||
wholesale market settlements may have occurred on a date within | ||
a retail billing period. | ||
(c) An electric utility that has a tariff in effect | ||
pursuant to this Section shall not be subject to, or allowed to | ||
pursue, any other claims, adjustments, settlements, or offsets | ||
related to the cost of any difference in the actual quantities | ||
of electric energy, capacity, transmission services, or other | ||
services included in Market Settlement Service, provided, | ||
however, that the provisions of this subsection (c) shall not, | ||
consistent with the provisions of this Act, (i) preclude any | ||
subsequent and separate adjustments made to the same retail | ||
customer's electric service account pursuant to a tariff | ||
authorized by this Section because of other differences, | ||
whether for the same or a different meter or for the same or | ||
different period or (ii) reduce or impair in any way an | ||
electric utility's authority to charge a retail customer for | ||
unmetered electric service related to the retail customer's | ||
unlawful tampering with or interference with electric service, | ||
including, but not limited to, any other charges allowed by law | ||
or the electric utility's tariffs. | ||
(d) A tariff authorized by this Section may be established | ||
outside of either (i) a filing seeking a general change in | ||
rates under Article IX of this Act or (ii) a filing authorized | ||
under Section 16-108.5 of this Act. The Commission shall review | ||
and, by order, approve, or approve as modified, the proposed | ||
tariff within 180 days after the date on which it is filed. In | ||
the event the Commission approves such a tariff with | ||
modifications, the electric utility shall not be obligated to | ||
place the modified tariff into effect. In such event, the | ||
electric utility must, within 14 days after any Commission | ||
order, withdraw its proposed tariff and its election to provide | ||
Market Settlement Service. If a Market Settlement Service | ||
tariff does become effective, such tariff shall remain in | ||
effect thereafter at the discretion of the electric utility. | ||
(e) Notwithstanding anything in this Act to the contrary, | ||
an electric utility providing Market Settlement Service shall | ||
not be liable to any retail customer, alternative retail | ||
electric supplier, or electric utility operating outside of its | ||
service territory for any adjustment in the quantity of any | ||
transmission or retail electric supply service for which the | ||
applicable regional transmission organization under its | ||
tariffs, agreements, and market and business rules will no | ||
longer make a corresponding adjustment to the wholesale market | ||
settlements. | ||