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91_SB1653ham001
LRB9113005JSdvam03
1 AMENDMENT TO SENATE BILL 1653
2 AMENDMENT NO. . Amend Senate Bill 1653 by replacing
3 the title with the following:
4 "AN ACT to amend the Public Utilities Act by changing
5 Sections 16-102, 16-116, 16-124, and 16-128 and adding
6 Sections 16-115C, 16-115D, and 16-115E."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Public Utilities Act is amended by
10 changing Sections 16-102, 16-116, 16-124, and 16-128 and
11 adding Sections 16-115C, 16-115D, and 16-115E as follows:
12 (220 ILCS 5/16-102)
13 Sec. 16-102. Definitions. For the purposes of this
14 Article the following terms shall be defined as set forth in
15 this Section.
16 "Alternative retail electric supplier" means every
17 person, cooperative, corporation, municipal corporation,
18 company, association, joint stock company or association,
19 firm, partnership, individual, or other entity, their
20 lessees, trustees, or receivers appointed by any court
21 whatsoever, that offers electric power or energy for sale,
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1 lease or in exchange for other value received to one or more
2 retail customers, or that engages in the delivery or
3 furnishing of electric power or energy to such retail
4 customers, and shall include, without limitation, resellers,
5 aggregators and power marketers, but shall not include (i)
6 electric utilities (or any agent of the electric utility to
7 the extent the electric utility provides tariffed services to
8 retail customers through that agent), (ii) any electric
9 cooperative or municipal system as defined in Section 17-100
10 to the extent that the electric cooperative or municipal
11 system is serving retail customers within any area in which
12 it is or would be entitled to provide service under the law
13 in effect immediately prior to the effective date of this
14 amendatory Act of 1997, (iii) a public utility that is owned
15 and operated by any public institution of higher education of
16 this State, or a public utility that is owned by such public
17 institution of higher education and operated by any of its
18 lessees or operating agents, within any area in which it is
19 or would be entitled to provide service under the law in
20 effect immediately prior to the effective date of this
21 amendatory Act of 1997, (iv) a retail customer to the extent
22 that customer obtains its electric power and energy from that
23 customer's own cogeneration or self-generation facilities,
24 (v) an entity that owns, operates, sells, or arranges for the
25 installation of a customer's own cogeneration or
26 self-generation facilities, but only to the extent the entity
27 is engaged in owning, selling or arranging for the
28 installation of such facility, or operating the facility on
29 behalf of such customer, provided however that any such third
30 party owner or operator of a facility built after January 1,
31 1999, complies with the labor provisions of Section 16-128(a)
32 as though such third party were an alternative retail
33 electric supplier, or (vi) an industrial or manufacturing
34 customer that owns its own distribution facilities, to the
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1 extent that the customer provides service from that
2 distribution system to a third-party contractor located on
3 the customer's premises that is integrally and predominantly
4 engaged in the customer's industrial or manufacturing
5 process; provided, that if the industrial or manufacturing
6 customer has elected delivery services, the customer shall
7 pay transition charges applicable to the electric power and
8 energy consumed by the third-party contractor unless such
9 charges are otherwise paid by the third party contractor,
10 which shall be calculated based on the usage of, and the base
11 rates or the contract rates applicable to, the third-party
12 contractor in accordance with Section 16-102.
13 "Base rates" means the rates for those tariffed services
14 that the electric utility is required to offer pursuant to
15 subsection (a) of Section 16-103 and that were identified in
16 a rate order for collection of the electric utility's base
17 rate revenue requirement, excluding (i) separate automatic
18 rate adjustment riders then in effect, (ii) special or
19 negotiated contract rates, (iii) delivery services tariffs
20 filed pursuant to Section 16-108, (iv) real-time pricing, or
21 (v) tariffs that were in effect prior to October 1, 1996 and
22 that based charges for services on an index or average of
23 other utilities' charges, but including (vi) any subsequent
24 redesign of such rates for tariffed services that is
25 authorized by the Commission after notice and hearing.
26 "Competitive service" includes (i) any service that has
27 been declared to be competitive pursuant to Section 16-113 of
28 this Act, (ii) contract service, and (iii) services, other
29 than tariffed services, that are related to, but not
30 necessary for, the provision of electric power and energy or
31 delivery services.
32 "Contract service" means (1) services, including the
33 provision of electric power and energy or other services,
34 that are provided by mutual agreement between an electric
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1 utility and a retail customer that is located in the electric
2 utility's service area, provided that, delivery services
3 shall not be a contract service until such services are
4 declared competitive pursuant to Section 16-113; and also
5 means (2) the provision of electric power and energy and the
6 provision of the services set forth in the definition of
7 "provider of unbundled delivery services" in this Section by
8 an electric utility to retail customers outside the electric
9 utility's service area pursuant to Section 16-116. Provided,
10 however, contract service does not include electric utility
11 services provided pursuant to (i) contracts that retail
12 customers are required to execute as a condition of receiving
13 tariffed services, or (ii) special or negotiated rate
14 contracts for electric utility services that were entered
15 into between an electric utility and a retail customer prior
16 to the effective date of this amendatory Act of 1997 and
17 filed with the Commission.
18 "Delivery services" means those services provided by the
19 electric utility that are necessary in order for the
20 transmission and distribution systems to function so that
21 retail customers located in the electric utility's service
22 area can receive electric power and energy from suppliers
23 other than the electric utility, and shall include, without
24 limitation, standard metering and billing services.
25 "Electric utility" means a public utility, as defined in
26 Section 3-105 of this Act, that has a franchise, license,
27 permit or right to furnish or sell electricity to retail
28 customers within a service area.
29 "Mandatory transition period" means the period from the
30 effective date of this amendatory Act of 1997 through January
31 1, 2005.
32 "Provider of unbundled delivery services" means every
33 person, cooperative, corporation, municipal corporation,
34 company, association, joint stock company or association,
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1 firm, partnership, individual, or other entity, their
2 lessees, trustees, or receivers appointed by any court
3 whatsoever, that offers to a retail customer for sale, lease,
4 or other value received any metering service other than that
5 excluded by clause (iv) of this definition or unbundled
6 delivery services (other than those delivery services
7 regulated by the Federal Energy Regulatory Commission) that
8 is specified in a Commission order requiring an electric
9 utility to unbundle its delivery services under Section
10 16-108 or 16-109, but the term "provider of unbundled
11 delivery services" shall not include (i) an electric utility
12 (or any agent of the electric utility to the extent the
13 electric utility provides tariffed services to retail
14 customers through that agent) within the utility's service
15 area, (ii) any electric cooperative or municipal system as
16 defined in Section 17-100 to the extent that the electric
17 cooperative or municipal system is serving retail customers
18 within any area in which it is or would be entitled to
19 provide service under the law in effect immediately prior to
20 December 16, 1997, (iii) a public utility that is owned and
21 operated by any public institution of higher education of
22 this State, or a public utility that is owned by such public
23 institution of higher education and operated by any of its
24 lessees or operating agents, within any area in which it is
25 or would be entitled to provide service under the law in
26 effect immediately prior to December 16, 1997, or (iv) a
27 provider of meter services that installs, provides, or
28 maintains equipment on the premises of a retail customer
29 under circumstances in which no entity other than the retail
30 customer relies on the accuracy, safety, or proper
31 installation and maintenance of the equipment.
32 "Municipal system" shall have the meaning set forth in
33 Section 17-100.
34 "Real-time pricing" means charges for delivered electric
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1 power and energy that vary on an hour-to-hour basis for
2 nonresidential retail customers and that vary on a periodic
3 basis during the day for residential retail customers.
4 "Retail customer" means a single entity using electric
5 power or energy at a single premises and that (A) either (i)
6 is receiving or is eligible to receive tariffed services from
7 an electric utility, or (ii) that is served by a municipal
8 system or electric cooperative within any area in which the
9 municipal system or electric cooperative is or would be
10 entitled to provide service under the law in effect
11 immediately prior to the effective date of this amendatory
12 Act of 1997, or (B) an entity which on the effective date of
13 this Act was receiving electric service from a public utility
14 and (i) was engaged in the practice of resale and
15 redistribution of such electricity within a building prior to
16 January 2, 1957, or (ii) was providing lighting services to
17 tenants in a multi-occupancy building, but only to the extent
18 such resale, redistribution or lighting service is authorized
19 by the electric utility's tariffs that were on file with the
20 Commission on the effective date of this Act.
21 "Service area" means (i) the geographic area within which
22 an electric utility was lawfully entitled to provide electric
23 power and energy to retail customers as of the effective date
24 of this amendatory Act of 1997, and includes (ii) the
25 location of any retail customer to which the electric utility
26 was lawfully providing electric utility services on such
27 effective date.
28 "Small commercial retail customer" means those
29 nonresidential retail customers of an electric utility
30 consuming 15,000 kilowatt-hours or less of electricity
31 annually in its service area.
32 "Tariffed service" means services provided to retail
33 customers by an electric utility as defined by its rates on
34 file with the Commission pursuant to the provisions of
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1 Article IX of this Act, but shall not include competitive
2 services.
3 "Transition charge" means a charge expressed in cents per
4 kilowatt-hour that is calculated for a customer or class of
5 customers as follows for each year in which an electric
6 utility is entitled to recover transition charges as provided
7 in Section 16-108:
8 (1) the amount of revenue that an electric utility
9 would receive from the retail customer or customers if it
10 were serving such customers' electric power and energy
11 requirements as a tariffed service based on (A) all of
12 the customers' actual usage during the 3 years ending 90
13 days prior to the date on which such customers were first
14 eligible for delivery services pursuant to Section
15 16-104, and (B) on (i) the base rates in effect on
16 October 1, 1996 (adjusted for the reductions required by
17 subsection (b) of Section 16-111, for any reduction
18 resulting from a rate decrease under Section 16-101(b),
19 for any restatement of base rates made in conjunction
20 with an elimination of the fuel adjustment clause
21 pursuant to subsection (b), (d), or (f) of Section 9-220
22 and for any removal of decommissioning costs from base
23 rates pursuant to Section 16-114) and any separate
24 automatic rate adjustment riders (other than a
25 decommissioning rate as defined in Section 16-114) under
26 which the customers were receiving or, had they been
27 customers, would have received electric power and energy
28 from the electric utility during the year immediately
29 preceding the date on which such customers were first
30 eligible for delivery service pursuant to Section 16-104,
31 or (ii) to the extent applicable, any contract rates,
32 including contracts or rates for consolidated or
33 aggregated billing, under which such customers were
34 receiving electric power and energy from the electric
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1 utility during such year;
2 (2) less the amount of revenue, other than revenue
3 from transition charges and decommissioning rates, that
4 the electric utility would receive from such retail
5 customers for delivery services provided by the electric
6 utility, assuming such customers were taking delivery
7 services for all of their usage, based on the delivery
8 services tariffs in effect during the year for which the
9 transition charge is being calculated and on the usage
10 identified in paragraph (1);
11 (3) less the market value for the electric power
12 and energy that the electric utility would have used to
13 supply all of such customers' electric power and energy
14 requirements, as a tariffed service, based on the usage
15 identified in paragraph (1), with such market value
16 determined in accordance with Section 16-112 of this Act;
17 (4) less the following amount which represents the
18 amount to be attributed to new revenue sources and cost
19 reductions by the electric utility through the end of the
20 period for which transition costs are recovered pursuant
21 to Section 16-108, referred to in this Article XVI as a
22 "mitigation factor":
23 (A) for nonresidential retail customers, an
24 amount equal to the greater of (i) 0.5 cents per
25 kilowatt-hour during the period October 1, 1999
26 through December 31, 2004, 0.6 cents per
27 kilowatt-hour in calendar year 2005, and 0.9 cents
28 per kilowatt-hour in calendar year 2006, multiplied
29 in each year by the usage identified in paragraph
30 (1), or (ii) an amount equal to the following
31 percentages of the amount produced by applying the
32 applicable base rates (adjusted as described in
33 subparagraph (1)(B)) or contract rate to the usage
34 identified in paragraph (1): 8% for the period
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1 October 1, 1999 through December 31, 2002, 10% in
2 calendar years 2003 and 2004, 11% in calendar year
3 2005 and 12% in calendar year 2006; and
4 (B) for residential retail customers, an
5 amount equal to the following percentages of the
6 amount produced by applying the base rates in effect
7 on October 1, 1996 (adjusted as described in
8 subparagraph (1)(B)) to the usage identified in
9 paragraph (1): (i) 6% from May 1, 2002 through
10 December 31, 2002, (ii) 7% in calendar years 2003
11 and 2004, (iii) 8% in calendar year 2005, and (iv)
12 10% in calendar year 2006;
13 (5) divided by the usage of such customers
14 identified in paragraph (1),
15 provided that the transition charge shall never be less than
16 zero.
17 "Unbundled service" means a component or constituent part
18 of a tariffed service which the electric utility subsequently
19 offers separately to its customers.
20 (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)
21 (220 ILCS 5/16-115C new)
22 Sec. 16-115C. Obligations and certification of providers
23 of unbundled delivery services.
24 (a) Any provider of unbundled delivery services must
25 obtain a certificate of service authority from the Commission
26 in accordance with this Section before providing the services
27 identified in the definition of "provider of unbundled
28 delivery services" in Section 16-102.
29 (b) A provider of unbundled delivery services seeking a
30 certificate of service authority shall file with the
31 Commission a verified application containing information
32 showing that the applicant meets the requirements of this
33 Section. The provider of unbundled delivery services shall
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1 publish notice of its application in the official State
2 newspaper within 10 days following the date of its filing.
3 No later than 45 days after the application is properly filed
4 with the Commission, and such notice is published, the
5 Commission shall issue its order granting or denying the
6 application.
7 (c) The Commission shall grant the application for a
8 certificate of service authority if it makes the findings set
9 forth in this subsection based on the verified application
10 and such other information as the applicant may submit:
11 (1) that the applicant possesses sufficient
12 technical, financial, and managerial resources and
13 abilities to provide the service for which it seeks a
14 certificate of service authority. In determining the
15 level of technical, financial, and managerial resources
16 and abilities which the applicant must demonstrate, the
17 Commission shall consider the characteristics, including
18 the size and financial sophistication, of the customers
19 that the applicant seeks to serve;
20 (2) that the applicant will comply with all
21 applicable federal, State, regional, and industry rules,
22 policies, practices, and procedures for the use,
23 operation, and maintenance of the safety, integrity, and
24 reliability of the inter-connected electric delivery
25 system;
26 (3) that the applicant will only provide service to
27 retail customers in an electric utility's service area
28 that are taking delivery services under this Act;
29 (4) that the applicant will comply with such
30 informational, testing, accuracy, and reporting
31 requirements as the Commission may by rule establish;
32 (5) that the applicant will comply with the
33 provisions of Section 16-128 of this Act; and
34 (6) that the applicant will comply with all other
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1 applicable laws and rules.
2 (d) The Commission shall have the authority to
3 promulgate rules to carry out the provisions of this Section.
4 (220 ILCS 5/16-115D new)
5 Sec. 16-115D. Obligations of providers of unbundled
6 delivery services.
7 (a) A provider of unbundled delivery services shall:
8 (1) comply with the requirements imposed on public
9 utilities by Sections 8-201 through 8-207, 8-301, 8-302,
10 8-303, 8-305, 8-505, and 8-507 of this Act, to the extent
11 that these Sections have application to the services
12 being offered by the provider of unbundled delivery
13 services; and
14 (2) continue to comply with the requirements for
15 certification stated in subsection (c) of Section
16 16-115C.
17 (b) A provider of unbundled delivery services shall
18 obtain verifiable authorization from a customer, in a form or
19 manner approved by the Commission in the manner provided by
20 Section 2EE of the Consumer Fraud and Deceptive Business
21 Practices Act, before the customer is switched from another
22 provider.
23 (220 ILCS 5/16-115E new)
24 Sec. 16-115E. Commission oversight of services provided
25 by providers of unbundled delivery services.
26 (a) The Commission shall have jurisdiction in accordance
27 with the provisions of Article X of this Act to entertain and
28 dispose of any complaint against any provider of unbundled
29 delivery services alleging (i) that the provider of unbundled
30 delivery services has violated or is in nonconformance with
31 any applicable provisions of Section 16-115C through Section
32 16- 115D; (ii) that a provider of unbundled delivery services
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1 serving retail customers having maximum demands of less than
2 one megawatt has failed to provide service in accordance with
3 the terms of its contract or contracts with such customer or
4 customers; (iii) that the provider of unbundled delivery
5 services has violated or is in non-conformance with the
6 delivery services tariff of, or any of its agreements
7 relating to delivery services with, the electric utility,
8 municipal system, or electric cooperative providing delivery
9 services; or (iv) that the provider of unbundled delivery
10 services has violated or failed to comply with the
11 requirements of Sections 8-201 through 8-207, 8-301, 8-302,
12 8-303, 8-305, 8-505, or 8-507 of this Act as made applicable
13 to providers of unbundled delivery services.
14 (b) The Commission shall have authority, after notice
15 and hearing held on complaint or on the Commission's own
16 motion:
17 (1) to order a provider of unbundled delivery
18 services to cease and desist, or correct, any violation
19 of or non-conformance with the provisions of Section
20 16-115C or Section 16-115D;
21 (2) to impose financial penalties for violations of
22 or non-conformances with the provisions of Section
23 16-115C or Section 16-115D, not to exceed (i) $10,000 per
24 occurrence or (ii) $30,000 per day for those violations
25 or non-conformances which continue after the Commission
26 issues a cease-and-desist order; and
27 (3) to alter, modify, revoke, or suspend the
28 certificate of service authority of a provider of
29 unbundled delivery services for substantial or repeated
30 violations of or non-conformances with the provisions of
31 Section 16-115C or Section 16-115D.
32 (220 ILCS 5/16-116)
33 Sec. 16-116. Commission oversight of electric utilities
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1 serving retail customers outside their service areas or
2 providing competitive, non-tariffed services.
3 (a) An electric utility that has a tariff on file for
4 delivery services may, without regard to any otherwise
5 applicable tariffs on file, provide electric power and energy
6 or services as described in the definition of "provider of
7 unbundled delivery services" in Section 16-102 to one or more
8 retail customers located outside its service area, but only
9 to the extent (i) such retail customer (A) is eligible for
10 delivery services under any delivery services tariff filed
11 with the Commission by the electric utility in whose service
12 area the retail customer is located and (B) has either
13 elected to take such delivery services or has paid or
14 contracted to pay the charges specified in Sections 16-108
15 and 16-114, or (ii) if such retail customer is served by a
16 municipal system or electric cooperative, the customer is
17 eligible for delivery services under the terms and conditions
18 for such service established by the municipal system or
19 electric cooperative serving that customer.
20 (b) An electric utility may offer any competitive
21 service to any customer or group of customers without filing
22 contracts with or seeking approval of the Commission,
23 notwithstanding any rule or regulation that would require
24 such approval. The Commission shall not increase or decrease
25 the prices, and may not alter or add to the terms and
26 conditions for the utility's competitive services, from those
27 agreed to by the electric utility and the customer or
28 customers. Non-tariffed, competitive services shall not be
29 subject to the provisions of the Electric Supplier Act or to
30 Articles V, VII, VIII or IX of the Act, except to the extent
31 that any provisions of such Articles are made applicable to
32 alternative retail electric suppliers pursuant to Sections
33 16-115 and 16-115A, but shall be subject to the provisions of
34 subsections (b) through (g) of Section 16-115A, and Section
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1 16-115B to the same extent such provisions are applicable to
2 the services provided by alternative retail electric
3 suppliers. Non-tariffed, competitive services related to the
4 provision of meter services and unbundled delivery services
5 shall not be subject to the provisions of the Electric
6 Supplier Act or to Articles V, VII, VIII, or IX of this Act,
7 except to the extent that any provisions of such Articles are
8 made applicable to providers of unbundled delivery services
9 pursuant to Sections 16-115C and 16-115D, but shall be
10 subject to the provisions of Section 16-115D and Section
11 16-115E.
12 (Source: P.A. 90-561, eff. 12-16-97.)
13 (220 ILCS 5/16-124)
14 Sec. 16-124. Metering for residential and small
15 commercial retail customers. An electric utility shall not
16 require a residential or small commercial retail customer to
17 take additional metering or metering capability as a
18 condition of taking delivery services unless the Commission
19 finds, after notice and hearing, that additional metering or
20 metering capability is required to meet reliability
21 requirements. Alternative retail electric suppliers serving
22 such customers may provide such additional metering or
23 metering capability at their own expense or for value
24 received if the alternative retail electric supplier has
25 obtained a certificate of service authority under Section
26 16-115C, or take such additional metering or metering
27 capability as a tariffed service from the utility in whose
28 service area such customers take service as a tariffed
29 service, or take such additional metering service or metering
30 capability from an electric utility other than the utility in
31 whose service area such customers take service, or from a
32 provider of unbundled delivery services. Any additional
33 metering requirements shall be imposed in a nondiscriminatory
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1 manner. Nothing in this subsection shall be construed to
2 prevent the normal maintenance, replacement or upgrade of
3 meters as required to comply with Commission rules.
4 (Source: P.A. 90-561, eff. 12-16-97.)
5 (220 ILCS 5/16-128)
6 Sec. 16-128. Provisions related to utility employees
7 during the mandatory transition period.
8 (a) The General Assembly finds:
9 (1) The reliability and safety of the electric
10 system has depended on a workforce of skilled and
11 dedicated employees, equipped with technical training and
12 experience.
13 (2) The integrity and reliability of the system has
14 also depended on the industry's commitment to invest in
15 regular inspection and maintenance, to assure that it can
16 withstand the demands of heavy service requirements and
17 emergency situations.
18 (3) It is in the State's interest to protect the
19 interests of utility employees who have dedicated
20 themselves to assuring reliable service to the citizens
21 of this State, and who might otherwise be economically
22 displaced in a restructured industry.
23 The General Assembly further finds that it is necessary
24 to assure that employees operating in the deregulated
25 industry have the requisite skills, knowledge, and competence
26 to provide reliable and safe electrical service and therefore
27 that alternative retail electric suppliers shall be required
28 to demonstrate the competence of their employees to work in
29 the industry.
30 The knowledge, skill, and competence levels to be
31 demonstrated shall be consistent with those generally
32 required of or by the electric utilities in this State with
33 respect to their employees.
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1 Adequate demonstration of requisite knowledge, skill and
2 competence shall include such factors as completion by the
3 employee of an accredited or otherwise recognized
4 apprenticeship program for the particular craft, trade or
5 skill, or specified years of employment with an electric
6 utility performing a particular work function.
7 To implement this requirement, the Commission, in
8 determining that an applicant meets the standards for
9 certification as an alternative retail electric supplier or
10 provider of unbundled delivery services, shall require the
11 applicant to demonstrate (i) that the applicant is licensed
12 to do business, and bonded, in the State of Illinois; and
13 (ii) that the employees of the applicant that will be
14 installing, operating, and maintaining generation,
15 transmission, or distribution, or metering facilities within
16 this State, or any entity with which the applicant has
17 contracted to perform those functions within this State, have
18 the requisite knowledge, skills, and competence to perform
19 those functions in a safe and responsible manner in order to
20 provide safe and reliable service, in accordance with the
21 criteria stated above.
22 (b) The General Assembly finds, based on experience in
23 other industries that have undergone similar transitions,
24 that the introduction of competition into the State's
25 electric utility industry may result in workforce reductions
26 by electric utilities which may adversely affect persons who
27 have been employed by this State's electric utilities in
28 functions important to the public convenience and welfare.
29 The General Assembly further finds that the impacts on
30 employees and their communities of any necessary reductions
31 in the utility workforce directly caused by this
32 restructuring of the electric industry shall be mitigated to
33 the extent practicable through such means as offers of
34 voluntary severance, retraining, early retirement,
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1 outplacement and related benefits. Therefore, before any such
2 reduction in the workforce during the transition period, an
3 electric utility shall present to its employees or their
4 representatives a workforce reduction plan outlining the
5 means by which the electric utility intends to mitigate the
6 impact of such workforce reduction on its employees.
7 (c) In the event of a sale, purchase, or any other
8 transfer of ownership during the mandatory transition period
9 of one or more Illinois divisions or business units, and/or
10 generating stations or generating units, of an electric
11 utility, the electric utility's contract and/or agreements
12 with the acquiring entity or persons shall require that the
13 entity or persons hire a sufficient number of non-supervisory
14 employees to operate and maintain the station, division or
15 unit by initially making offers of employment to the
16 non-supervisory workforce of the electric utility's division,
17 business unit, generating station and/or generating unit at
18 no less than the wage rates, and substantially equivalent
19 fringe benefits and terms and conditions of employment that
20 are in effect at the time of transfer of ownership of said
21 division, business unit, generating station, and/or
22 generating units; and said wage rates and substantially
23 equivalent fringe benefits and terms and conditions of
24 employment shall continue for at least 30 months from the
25 time of said transfer of ownership unless the parties
26 mutually agree to different terms and conditions of
27 employment within that 30-month period. The utility shall
28 offer a transition plan to those employees who are not
29 offered jobs by the acquiring entity because that entity has
30 a need for fewer workers. If there is litigation concerning
31 the sale, or other transfer of ownership of the electric
32 utility's divisions, business units, generating station, or
33 generating units, the 30-month period will begin on the date
34 the acquiring entity or persons take control or management of
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1 the divisions, business units, generating station or
2 generating units of the electric utility.
3 (d) If a utility transfers ownership during the
4 mandatory transition period of one or more Illinois
5 divisions, business units, generating stations or generating
6 units of an electric utility to a majority-owned subsidiary,
7 that subsidiary shall continue to employ the utility's
8 employees who were employed by the utility at such division,
9 business unit or generating station at the time of the
10 transfer under the same terms and conditions of employment as
11 those employees enjoyed at the time of the transfer. If
12 ownership of the subsidiary is subsequently sold or
13 transferred to a third party during the transition period,
14 the transition provisions outlined in subsection (c) shall
15 apply.
16 (e) The plant transfer provisions set forth above shall
17 not apply to any generating station which was the subject of
18 a sales agreement entered into before January 1, 1997.
19 (Source: P.A. 90-561, eff. 12-16-97.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".