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Public Act 099-0250
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| SB1445 Enrolled | LRB099 10199 AMC 30424 b |
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AN ACT concerning utilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing |
Section 16-103 as follows:
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(220 ILCS 5/16-103)
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Sec. 16-103. Service obligations of electric utilities.
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(a) An electric utility shall continue offering to
retail |
customers each tariffed service that it offered as a
distinct |
and identifiable service on the effective date of
this |
amendatory Act of 1997 until the service is (i) declared
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competitive pursuant to Section 16-113, or (ii) abandoned
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pursuant to Section 8-508. Nothing in this subsection shall be
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construed as limiting an electric utility's right to propose,
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or the Commission's power to approve, allow or order
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modifications in the rates, terms and conditions for such
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services pursuant to Article IX or Section 16-111 of this Act.
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(b) An electric utility shall also offer, as tariffed
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services, delivery services in accordance with this Article,
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the power purchase options described in Section 16-110 and
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real-time pricing as provided in Section 16-107.
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(c) Notwithstanding any other provision of this Article,
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each electric utility shall continue offering to all
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residential customers and to all small commercial retail
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customers in its service area, as a tariffed service, bundled |
electric power
and
energy delivered to the customer's premises |
consistent with
the bundled utility service provided by the |
electric utility
on the effective date of this amendatory Act |
of 1997. Upon
declaration of the provision of electric power |
and energy as
competitive, the electric utility shall continue |
to offer to
such customers, as a tariffed service, bundled |
service options
at rates which reflect recovery of all cost |
components for
providing the service. For those components of |
the service
which have been declared competitive, cost shall be |
the market
based prices. Market based prices as referred to |
herein shall
mean, for electric power and energy, either (i) |
those prices
for electric power and energy determined as |
provided in
Section 16-112, or (ii) the electric utility's cost |
of
obtaining the electric power and energy at wholesale through |
a
competitive bidding or other arms-length acquisition |
process.
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(d) Any residential or small commercial retail customer
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which elects delivery services is entitled to return to the
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electric utility's bundled utility tariffed service offering
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provided in accordance with subsection (c) of this Section
upon |
payment of a reasonable administrative fee which shall be
set |
forth in the tariff. Notwithstanding any other obligation of an |
electric utility in this Section: (1) if If the residential or |
small commercial customer has not elected delivery services |
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within 2 billing cycles after returning to the electric |
utility's bundled utility tariffed service offering, then the |
electric utility shall be entitled, but not required, to impose |
the condition that such customer may not elect delivery |
services for up to 12 months after the date on which the |
customer returned to bundled utility tariffed service and (2) |
the electric utility shall be entitled, but not required, to |
impose the condition that a customer who has left delivery |
service for the electric utility's bundled service , provided, |
however, that the customer shall not be permitted to return to |
the same alternative retail electric supplier within up to 2 |
billing cycles after the customer returned to bundled utility |
tariffed service other than in situations, including, but not |
limited to, where the return was in error, inadvertent, or the |
result of any other unintended operational consequence.
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(e) The Commission shall not require an electric utility
to |
offer any tariffed service other than the services required
by |
this Section, and shall not require an electric utility to
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offer any competitive service.
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(Source: P.A. 97-497, eff. 8-22-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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