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| [ House Amendment 003 ] |
92_HB5851enr HB5851 Enrolled LRB9214320JSpc 1 AN ACT concerning public utilities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by 5 changing Section 16-119A as follows: 6 (220 ILCS 5/16-119A) 7 Sec. 16-119A. Functional separation. 8 (a) Within 90 days after the effective date of this 9 amendatory Act of 1997, the Commission shall open a 10 rulemaking proceeding to establish standards of conduct for 11 every electric utility described in subsection (b). To 12 create efficient competition between suppliers of generating 13 services and sellers of such services at retail and 14 wholesale, the rules shall allow all customers of a public 15 utility that distributes electric power and energy to 16 purchase electric power and energy from the supplier of their 17 choice in accordance with the provisions of Section 16-104. 18 In addition, the rules shall address relations between 19 providers of any 2 services described in subsection (b) to 20 prevent undue discrimination and promote efficient 21 competition. Provided, however, that a proposed rule shall 22 not be published prior to May 15, 1999. 23 (b) The Commission shall also have the authority to 24 investigate the need for, and adopt rules requiring, 25 functional separation between the generation services and the 26 delivery services of those electric utilities whose principal 27 service area is in Illinois as necessary to meet the 28 objective of creating efficient competition between suppliers 29 of generating services and sellers of such services at retail 30 and wholesale. After January 1, 2003, the Commission shall 31 also have the authority to investigate the need for, and HB5851 Enrolled -2- LRB9214320JSpc 1 adopt rules requiring, functional separation between an 2 electric utility's competitive and non-competitive services. 3 (b-5) If there is a change in ownership of a majority of 4 the voting capital stock of an electric utility or the 5 ownership or control of any entity that owns or controls a 6 majority of the voting capital stock of an electric utility, 7 the electric utility shall have the right to file with the 8 Commission a new plan. The newly filed plan shall supersede 9 any plan previously approved by the Commission pursuant to 10 this Section for that electric utility, subject to Commission 11 approval. This subsection only applies to the extent that the 12 Commission rules for the functional separation of delivery 13 services and generation services provide an electric utility 14 with the ability to select from 2 or more options to comply 15 with this Section. The electric utility may file its revised 16 plan with the Commission up to one calendar year after the 17 conclusion of the sale, purchase, or any other transfer of 18 ownership described in this subsection. In all other 19 respects, an electric utility must comply with the Commission 20 rules in effect under this Section. The Commission may 21 promulgate rules to implement this subsection. This 22 subsection shall have no legal effect after January 1, 2005. 23 (c) In establishing or considering the need for rules 24 under subsections (a) and (b), the Commission shall take into 25 account the effects on the cost and reliability of service 26 and the obligation of the utility to provide bundled service 27 under this Act. The Commission shall adopt rules that are a 28 cost effective means to ensure compliance with this Section. 29 (d) Nothing in this Section shall be construed as 30 imposing any requirements or obligations that are in conflict 31 with federal law. 32 (Source: P.A. 90-561, eff. 12-16-97.) 33 Section 99. Effective date. This Act takes effect upon HB5851 Enrolled -3- LRB9214320JSpc 1 becoming law.