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90_SB1745
220 ILCS 5/16-104
Amends the Public Utilities Act. Eliminates the common
ownership requirement with respect to access to delivery
services. Allows retail customers doing business at 10 or
more locations to elect to be an aggregation group eligible
to receive delivery services by October 1, 1999.
LRB9011400JSdv
LRB9011400JSdv
1 AN ACT to amend the Public Utilities Act by changing
2 Section 16-104.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 16-104 as follows:
7 (220 ILCS 5/16-104)
8 Sec. 16-104. Delivery services transition plan. An
9 electric utility shall provide delivery services to retail
10 customers in accordance with the provisions of this Section.
11 (a) Each electric utility shall offer delivery services
12 to retail customers located in its service area in accordance
13 with the following provisions:
14 (1) On or before October 1, 1999, the electric
15 utility shall offer delivery services (i) to any
16 non-residential retail customer whose average monthly
17 maximum electrical demand on the electric utility's
18 system during the 6 months with the customer's highest
19 monthly maximum demands in the 12 months ending June 30,
20 1999 equals or exceeds 4 megawatts; (ii) to any
21 non-governmental, non-residential, or commercial retail
22 customers under common ownership doing business at 10 or
23 more separate locations within the electric utility's
24 service area, if the aggregate coincident average monthly
25 maximum electrical demand of all such locations during
26 the 6 months with the customer's highest monthly maximum
27 electrical demands during the 12 months ending June 30,
28 1999 equals or exceeds 9.5 megawatts, provided, however,
29 that an electric utility's obligation to offer delivery
30 services under this clause (ii) shall not exceed 3.5% of
31 the maximum electric demand on the electric utility's
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1 system in the 12 months ending June 30, 1999; and (iii)
2 to non-residential retail customers whose annual electric
3 energy use comprises 33% of the kilowatt-hour sales,
4 excluding the kilowatt-hour sales to customers described
5 in clauses (i) and (ii), to each non-residential retail
6 customer class of the electric utility.
7 (2) On or before October 1, 2000, the electric
8 utility shall offer delivery services to the eligible
9 governmental customers described in subsections (a) and
10 (b) of Section 16-125A if the aggregate coincident
11 average monthly maximum electrical demand of such
12 customers during the 6 months with the customers' highest
13 monthly maximum electrical demands during the 12 months
14 ending June 30, 2000 equals or exceeds 9.5 megawatts.
15 (3) On or before December 31, 2000, the electric
16 utility shall offer delivery services to all remaining
17 nonresidential retail customers in its service area.
18 (4) On or before May 1, 2002, the electric utility
19 shall offer delivery services to all residential retail
20 customers in its service area.
21 The loads and kilowatt-hour sales used for purposes of
22 this subsection shall be those for the 12 months ending June
23 30, 1999 for nonresidential retail customers. The electric
24 utility shall identify those customers to be offered delivery
25 service pursuant to clause (1)(iii) pursuant to a lottery or
26 other random nondiscriminatory selection process set forth in
27 the electric utility's delivery services implementation plan
28 pursuant to Section 16-105. Provided, that non-residential
29 retail customers under common ownership at separate locations
30 within the electric utility's service area may elect, prior
31 to the date the electric utility conducts the lottery or
32 other random selection process for purposes of clause
33 (1)(iii), to designate themselves as an aggregation a common
34 ownership group, to be excluded from such lottery and to
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1 instead participate in a separate lottery for such
2 aggregation common ownership group pursuant to which delivery
3 services will be offered to non-residential retail customers
4 comprising 33% of the total kilowatt-hour sales to the
5 aggregation common ownership group on or before October 1,
6 1999. For purposes of this subsection (a), an electric
7 utility may define "common ownership" to exclude sites which
8 are not part of the same business, provided, that auxiliary
9 establishments as defined in the Standard Industrial
10 Classification Manual published by the United States Office
11 of Management and Budget shall not be excluded.
12 (b) The electric utility shall allow the aggregation of
13 loads that are eligible for delivery services so long as such
14 aggregation meets the criteria for delivery of electric power
15 and energy applicable to the electric utility established by
16 the regional reliability council to which the electric
17 utility belongs, by an independent system operating
18 organization to which the electric utility belongs, or by
19 another organization responsible for overseeing the integrity
20 and reliability of the transmission system, as such criteria
21 are in effect from time to time. The Commission may adopt
22 rules and regulations governing the criteria for aggregation
23 of the loads utilizing delivery services, but its failure to
24 do so shall not preclude any eligible customer from electing
25 delivery services. The electric utility shall allow such
26 aggregation for any voluntary grouping of customers,
27 including without limitation those having a common agent with
28 contractual authority to purchase electric power and energy
29 and delivery services on behalf of all customers in the
30 grouping.
31 (c) An electric utility shall allow a retail customer
32 that generates power for its own use to include the
33 electrical demand obtained from the customer's cogeneration
34 or self-generation facilities that is coincident with the
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1 retail customer's maximum monthly electrical demand on the
2 electric utility's system in any determination of the
3 customer's maximum monthly electrical demand for purposes of
4 determining when such retail customer shall be offered
5 delivery services pursuant to clause (i) of subparagraph (1)
6 of subsection (a) of this Section.
7 (d) The Commission shall establish charges, terms and
8 conditions for delivery services in accordance with Section
9 16-108.
10 (e) Subject to the terms and conditions which the
11 electric utility is entitled to impose in accordance with
12 Section 16-108, a retail customer that is eligible to elect
13 delivery services pursuant to subsection (a) may place all or
14 a portion of its electric power and energy requirements on
15 delivery services.
16 (f) An electric utility may require a retail customer
17 who elects to (i) use an alternative retail electric supplier
18 or another electric utility for some but not all of its
19 electric power or energy requirements, and (ii) use the
20 electric utility for any portion of its remaining electric
21 power and energy requirements, to place the portion of the
22 customer's electric power or energy requirement that is to be
23 served by the electric utility on a tariff containing charges
24 that are set to recover the lowest reasonably available cost
25 to the electric utility of acquiring electric power and
26 energy on the wholesale electric market to serve such
27 remaining portion of the customer's electric power and energy
28 requirement, reasonable compensation for arranging for and
29 providing such electric power or energy, and the electric
30 utility's other costs of providing service to such remaining
31 electric power and energy requirement.
32 (Source: P.A. 90-561, eff. 12-16-97.)