Bill Amendment: IL SB3903 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: UTILITIES-ALT RETAIL SUPPLIER
Status: 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [SB3903 Detail]
Download: Illinois-2021-SB3903-House_Amendment_001.html
Bill Title: UTILITIES-ALT RETAIL SUPPLIER
Status: 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [SB3903 Detail]
Download: Illinois-2021-SB3903-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3903
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2 | AMENDMENT NO. ______. Amend Senate Bill 3903 on page 1, | ||||||
3 | line 5 by replacing "16-115 and 16-115A" with "16-115, | ||||||
4 | 16-115A, and 16-222"; and
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5 | on page 22, by replacing line 8 with " provided under | ||||||
6 | subsection (f-15), to the information "; and
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7 | on page 22, immediately below line 10, by inserting the | ||||||
8 | following:
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9 | " (1) An alternative retail electric supplier shall | ||||||
10 | file such notice under the docket number assigned to the | ||||||
11 | alternative retail electric supplier's certification | ||||||
12 | application. The supplier also shall serve such notice | ||||||
13 | upon the electric utility serving customers in the service | ||||||
14 | area where the alternative retail electric supplier is | ||||||
15 | certified to provide service. | ||||||
16 | (2) After notice and an opportunity for a hearing, the |
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1 | Commission may (i) suspend, rescind, or conditionally | ||||||
2 | rescind an alternative retail electric supplier's | ||||||
3 | certificate if it determines that the material change will | ||||||
4 | adversely affect the alternative retail electric | ||||||
5 | supplier's fitness or ability to provide the services for | ||||||
6 | which it is certified or (ii) require the alternative | ||||||
7 | retail electric supplier to provide reasonable financial | ||||||
8 | assurances sufficient to protect the supplier's customers | ||||||
9 | and electric utility from default. | ||||||
10 | (f-15) Material changes to the information contained in or | ||||||
11 | supplied with a certification application include, but are not | ||||||
12 | limited to, the following: | ||||||
13 | (1) any significant change in ownership, including an | ||||||
14 | ownership interest of 5% or more, of the applicant or | ||||||
15 | alternative retail electric supplier; | ||||||
16 | (2) an affiliation with any electric utility, electric | ||||||
17 | cooperative, or municipal system or change of an | ||||||
18 | affiliation with an electric utility, electric | ||||||
19 | cooperative, or municipal system in the State; | ||||||
20 | (3) retirement or other long-term changes to the | ||||||
21 | operational status of generation, transmission, or | ||||||
22 | distribution assets relied upon by the alternative retail | ||||||
23 | electric supplier to provide alternative retail electric | ||||||
24 | supplier service; | ||||||
25 | (4) if the alternative retail electric supplier has a | ||||||
26 | long-term bond rating from Standard and Poor's or its |
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1 | successor, Fitch Ratings or its successor, or Moody's | ||||||
2 | Investor Service or its successor, and the alternative | ||||||
3 | retail electric supplier's long-term bond rating falls | ||||||
4 | below a rating of BBB as reported by Standard and Poor's or | ||||||
5 | its successor or Fitch Ratings or its successor, or below | ||||||
6 | a rating of Baa3 as reported by Moody's Investors Service | ||||||
7 | or its successor; | ||||||
8 | (5) the applicant or alternative retail electric | ||||||
9 | supplier has or intends to file for reorganization, | ||||||
10 | protection from creditors, or any other form of bankruptcy | ||||||
11 | with any court; | ||||||
12 | (6) any judgment, finding, or ruling by a court or | ||||||
13 | regulatory agency that could affect an alternative retail | ||||||
14 | electric supplier's fitness or ability to provide service | ||||||
15 | in the State; | ||||||
16 | (7) any change in the alternative retail electric | ||||||
17 | supplier's name or logo, including, but not limited to, | ||||||
18 | any change in the alternative retail electric supplier's | ||||||
19 | legal name, fictitious name, or assumed business name, | ||||||
20 | except for any logo and name the alternative retail | ||||||
21 | electric supplier provided as part of its original | ||||||
22 | certification process or that the alternative retail | ||||||
23 | electric supplier previously provided to the Commission | ||||||
24 | under this Section; and | ||||||
25 | (8) notwithstanding subsection (f-10), an alternative | ||||||
26 | retail electric supplier shall file a notification with |
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1 | the Commission of any notice of financial default from a | ||||||
2 | financial institution or notice of default for failure to | ||||||
3 | settle for energy or capacity deliveries from the | ||||||
4 | alternative retail electric supplier's regional | ||||||
5 | transmission operator or a distribution utility, within | ||||||
6 | one business day. "; and
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7 | on page 22, immediately below line 22, by inserting the | ||||||
8 | following:
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9 | "(220 ILCS 5/16-122)
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10 | Sec. 16-122. Customer information.
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11 | (a) Upon the request of a retail customer, or a person
who | ||||||
12 | presents verifiable authorization and is acting as the
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13 | customer's agent, and payment of a reasonable fee, electric
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14 | utilities shall provide to the customer or its authorized
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15 | agent the customer's billing and usage data.
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16 | (b) Upon request from any alternative retail electric
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17 | supplier and payment of a reasonable fee, an electric utility
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18 | serving retail customers in its service area shall make
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19 | available generic information concerning the usage, load shape
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20 | curve or other general characteristics of customers by rate
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21 | classification. Provided however, no customer specific
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22 | billing, usage or load shape data shall be provided under this
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23 | subsection unless authorization to provide such information is
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24 | provided by the customer pursuant to subsection (a) of this
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1 | Section.
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2 | Notwithstanding the requirements of this Section or | ||||||
3 | subsection (d) of Section 16-108.6, if an alternative retail | ||||||
4 | electric supplier warrants to an electric utility serving more | ||||||
5 | than 500,000 retail customers that the alternative retail | ||||||
6 | electric supplier's customer has provided consent as described | ||||||
7 | in subsection (e) of Section 2EE of the Consumer Fraud and | ||||||
8 | Deceptive Business Practices Act, then until either the | ||||||
9 | customer contacts the alternative retail electric supplier to | ||||||
10 | opt out or the customer is no longer served by the alternative | ||||||
11 | retail electric supplier: | ||||||
12 | (1) An electric utility serving more than 500,000 | ||||||
13 | retail customers shall electronically transmit interval | ||||||
14 | meter usage data at the end of each monthly billing period | ||||||
15 | for each residential retail customer for which the | ||||||
16 | alternative retail electric supplier is providing electric | ||||||
17 | power and energy supply service, for which the alternative | ||||||
18 | retail electric supplier has requested such information, | ||||||
19 | and for which the electric utility meters the residential | ||||||
20 | customer using automated metering infrastructure | ||||||
21 | equipment. Such data transmission shall occur no later | ||||||
22 | than one business day after the electric utility serving | ||||||
23 | more than 500,000 retail customers validates the interval | ||||||
24 | meter usage data with the monthly billing period for such | ||||||
25 | residential retail customer through an electronic data | ||||||
26 | interchange or secure interface for which the alternative |
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1 | retail electric supplier has requested such information | ||||||
2 | and upon payment of a reasonable and amortized fee, if | ||||||
3 | necessary, to recover the utility's prudently and | ||||||
4 | reasonably incurred costs, approved by the Commission | ||||||
5 | after notice and hearing, to provide this service. The | ||||||
6 | interval meter usage data shall be provided at a minimum | ||||||
7 | on an hourly basis or on a 30-minute or 15-minute basis if | ||||||
8 | available. In addition, not later than the following day, | ||||||
9 | the electric utility shall provide unverified interval | ||||||
10 | data through an electronic data interchange or secure | ||||||
11 | interface for which the alternative retail electric | ||||||
12 | supplier has requested such information and upon payment | ||||||
13 | of a reasonable and amortized fee, if necessary, to | ||||||
14 | recover the utility's prudently and reasonably incurred | ||||||
15 | costs, approved by the Commission after notice and | ||||||
16 | hearing, to provide this service. The unverified interval | ||||||
17 | meter usage data shall be provided at a minimum on an | ||||||
18 | hourly basis, or on a 30-minute or 15-minute basis if | ||||||
19 | available. The same processes shall apply for | ||||||
20 | nonresidential retail customers. | ||||||
21 | (2) An electric utility serving more than 500,000 | ||||||
22 | retail customers shall submit tariffs to the Commission | ||||||
23 | for approval within 120 days of the effective date of this | ||||||
24 | amendatory Act of the 102nd General Assembly, if | ||||||
25 | necessary, to meet the minimum requirements of paragraph | ||||||
26 | (1) and provide such services no later than June 1, 2024. |
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1 | (3) Nothing in this amendatory Act of the 102nd | ||||||
2 | General Assembly prohibits such utility from time to time | ||||||
3 | proposing new tariffs pursuant to Article IX to the extent | ||||||
4 | such tariffs are consistent with the requirements of this | ||||||
5 | amendatory Act of the 102nd General Assembly. Nothing in | ||||||
6 | this amendatory Act of the 102nd General Assembly shall | ||||||
7 | require such electric utility to alter its tariffs or | ||||||
8 | practices to the extent that they: (i) provide interval | ||||||
9 | data with shorter intervals; (ii) provide interval data | ||||||
10 | more frequently than monthly; or (iii) provide other | ||||||
11 | enhancements beyond the minimum standards required by | ||||||
12 | paragraph (1). | ||||||
13 | (4) An alternative retail electric supplier shall use | ||||||
14 | such interval meter usage data for the development, | ||||||
15 | marketing, and provision of current and future products | ||||||
16 | and services to enable such customers to more easily and | ||||||
17 | effectively manage their energy consumption, including, | ||||||
18 | but not limited to, time-of-use pricing, demand response, | ||||||
19 | energy efficiency or management, beneficial | ||||||
20 | electrification, on-site or community generation, or any | ||||||
21 | other electricity-related products or services or as | ||||||
22 | otherwise authorized by the Commission. | ||||||
23 | (5) An alternative retail electric supplier shall not | ||||||
24 | sell interval data obtained under this Section. An | ||||||
25 | alternative retail electric supplier shall not provide, | ||||||
26 | share, or otherwise disclose a consumer's interval meter |
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1 | data obtained under this Section, except an alternative | ||||||
2 | retail electric supplier may license or disclose a | ||||||
3 | customer's interval meter data obtained under this Section | ||||||
4 | if the following conditions are met: (i) the license or | ||||||
5 | disclosure is made to an alternative retail electric | ||||||
6 | supplier's affiliate or a third party with which the | ||||||
7 | alternative retail electric supplier has a contract; (ii) | ||||||
8 | the disclosure of a customer's interval meter data is made | ||||||
9 | only to perform the following functions on behalf of the | ||||||
10 | alternative retail electric supplier: billing and | ||||||
11 | invoicing, administration of the product or service | ||||||
12 | provided to the customer, or pricing products and services | ||||||
13 | for the customer; (iii) the alternative retail electric | ||||||
14 | supplier maintains responsibility for ensuring that its | ||||||
15 | affiliates or contracted third parties do not disclose, | ||||||
16 | license, sell to any other party, or otherwise misuse | ||||||
17 | customer interval data, including marketing to or | ||||||
18 | solicitation of a specific customer, obtained under this | ||||||
19 | Section; and (iv) the alternative retail electric supplier | ||||||
20 | maintains responsibility for ensuring that its affiliates | ||||||
21 | and contracted third parties purge such data upon | ||||||
22 | termination of their contract, ownership, affiliation, or | ||||||
23 | license or other agreement, or to the extent that the | ||||||
24 | customer interval data is no longer necessary for the | ||||||
25 | affiliate or contracted third party to perform the | ||||||
26 | function for which the customer interval data was |
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1 | provided. An alternative retail electric supplier may not | ||||||
2 | provide a customer's interval meter data obtained under | ||||||
3 | this Section to a sales agent, broker, or consultant for | ||||||
4 | the purpose of marketing to that specific customer. | ||||||
5 | (6) Nothing in this Section prohibits an electric | ||||||
6 | utility serving more than 500,000 retail customers from | ||||||
7 | providing interval metering data to an alternative retail | ||||||
8 | electric supplier as otherwise authorized by law or order | ||||||
9 | of the Commission. | ||||||
10 | (7) No costs incurred by an electric utility to | ||||||
11 | provide data or services, including any and all data or | ||||||
12 | services provided or proposed under paragraphs (1) through | ||||||
13 | (3), or otherwise authorized by this Section or by this | ||||||
14 | amendatory Act of the 102nd General Assembly, shall be | ||||||
15 | paid by ratepayers. An electric utility may file a tariff | ||||||
16 | governing the provision of such information. Such fee | ||||||
17 | shall be approved by the Commission after notice and | ||||||
18 | hearing to recover the utility's prudently and reasonably | ||||||
19 | incurred and amortized costs to provide such service. The | ||||||
20 | tariff shall include an annual fee, paid by all | ||||||
21 | alternative retail electric suppliers, and the fee shall | ||||||
22 | be based upon a reasonable estimate of ongoing costs | ||||||
23 | expected to be incurred to provide the interval metering | ||||||
24 | data to alternative retail electric suppliers. Any costs | ||||||
25 | incurred and reflected in rate recovery at or before the | ||||||
26 | effective date of this amendatory Act of the 102nd General |
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1 | Assembly shall remain recoverable in rates, and such | ||||||
2 | recovery shall be unaffected by the operation of this | ||||||
3 | Section. Any costs incurred related to utility systems | ||||||
4 | that support the provision of metering data to alternative | ||||||
5 | retail electric suppliers as well as other utility related | ||||||
6 | purposes shall remain recoverable in rates from utility | ||||||
7 | customers. Nothing in this Section shall be interpreted to | ||||||
8 | require any utility to offer metering services to any | ||||||
9 | party in a manner that prevents it from having a | ||||||
10 | reasonable opportunity to recover its associated costs. In | ||||||
11 | setting rates, the Commission shall not exclude any amount | ||||||
12 | from rate recovery and at the same time consider revenue | ||||||
13 | from the annual fees collected as a reduction to the | ||||||
14 | revenue requirement in a manner that denies the utility an | ||||||
15 | opportunity to fully recover the costs for service | ||||||
16 | offerings required by law to provide. Once the Commission | ||||||
17 | issues a final order approving an annual fee pursuant to | ||||||
18 | this paragraph, such order shall be evidence that all | ||||||
19 | costs are recovered from alternative retail electric | ||||||
20 | suppliers, and the order shall satisfy the requirement | ||||||
21 | that the costs associated with paragraphs (1) through (3), | ||||||
22 | or otherwise authorized by this Section or this amendatory | ||||||
23 | Act of the 102nd General Assembly, are not recovered from | ||||||
24 | ratepayers. | ||||||
25 | (c) Upon request from a unit of local government and | ||||||
26 | payment of a
reasonable fee, an electric utility shall make |
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1 | available information concerning
the usage, load shape curves, | ||||||
2 | and other characteristics of customers by
customer | ||||||
3 | classification and location within the boundaries of the unit | ||||||
4 | of local
government, however, no customer specific billing, | ||||||
5 | usage, or load shape data
shall be provided under this | ||||||
6 | subsection unless authorization to provide that
information is | ||||||
7 | provided by the customer.
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8 | (d) All such customer information shall be made available
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9 | in a timely fashion in an electronic format, if available.
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10 | (Source: P.A. 92-585, eff. 6-26-02.)
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11 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
12 | Practices Act is amended by changing Section 2EE as follows:
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13 | (815 ILCS 505/2EE)
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14 | Sec. 2EE. Alternative retail electric supplier selection. | ||||||
15 | (a) An alternative retail electric supplier shall not | ||||||
16 | submit or execute
a change in a consumer's selection of a | ||||||
17 | provider of electric
service unless and until: | ||||||
18 | (i) the alternative retail electric supplier first | ||||||
19 | discloses all material terms and conditions of the offer | ||||||
20 | to the consumer; | ||||||
21 | (ii) if the consumer is a small commercial retail | ||||||
22 | customer as that term is defined in subsection (c) of this | ||||||
23 | Section or a residential consumer, the alternative retail | ||||||
24 | electric supplier discloses the utility electric supply |
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1 | price to compare, which shall be the sum of the electric | ||||||
2 | supply charge and the transmission services charge, and | ||||||
3 | shall not include the purchased electricity adjustment, | ||||||
4 | applicable at the time the offer is made to the consumer; | ||||||
5 | (iii) if the consumer is a small commercial retail | ||||||
6 | customer as that term is defined in subsection (c) of this | ||||||
7 | Section or a residential consumer, the alternative retail | ||||||
8 | electric provider discloses the following statement: | ||||||
9 | "(Name of the alternative retail electric | ||||||
10 | supplier) is not the same entity as your electric | ||||||
11 | delivery company. You are not required to enroll with | ||||||
12 | (name of alternative retail electric supplier). As of | ||||||
13 | (effective date), the electric supply price to compare | ||||||
14 | is currently (price in cents per kilowatt hour). The | ||||||
15 | electric utility electric supply price will expire on | ||||||
16 | (expiration date). The utility electric supply price | ||||||
17 | to compare does not include the purchased electricity | ||||||
18 | adjustment factor. For more information go to the | ||||||
19 | Illinois Commerce Commission's free website at | ||||||
20 | www.pluginillinois.org.". | ||||||
21 | If applicable, the statement shall include the | ||||||
22 | following statement: | ||||||
23 | "The purchased electricity adjustment factor may | ||||||
24 | range between +.5 cents and -.5 cents per kilowatt | ||||||
25 | hour."; | ||||||
26 | (iv) the alternative retail electric supplier has |
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1 | obtained the consumer's express agreement to accept the | ||||||
2 | offer after the disclosure of all material terms and | ||||||
3 | conditions of the offer; and | ||||||
4 | (v) the alternative retail electric supplier has | ||||||
5 | confirmed the request for a change in accordance with one | ||||||
6 | of the following procedures:
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7 | (A) The new alternative retail electric supplier | ||||||
8 | has obtained the consumer's
written or electronically | ||||||
9 | signed
authorization in a form that meets the
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10 | following requirements:
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11 | (1) An alternative retail electric supplier | ||||||
12 | shall obtain any
necessary written or | ||||||
13 | electronically signed authorization from a | ||||||
14 | consumer for a
change in electric service by using | ||||||
15 | a letter of agency as
specified in this
Section. | ||||||
16 | Any letter of agency that does
not conform with | ||||||
17 | this
Section is invalid.
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18 | (2) The letter of agency shall be a separate
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19 | document (an easily separable document containing | ||||||
20 | only
the authorization language described in | ||||||
21 | subparagraph (5)) whose sole purpose is to | ||||||
22 | authorize an
electric service provider change. The | ||||||
23 | letter of agency
must be signed and dated by the | ||||||
24 | consumer requesting the
electric service provider | ||||||
25 | change.
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26 | (3) The letter of agency shall not be combined |
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1 | with
inducements of any kind on the same document.
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2 | (4) Notwithstanding subparagraphs (1) and (2), | ||||||
3 | the letter of agency may be combined with
checks | ||||||
4 | that contain only the required letter of agency
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5 | language prescribed in subparagraph (5) and
the | ||||||
6 | necessary information to make the check a | ||||||
7 | negotiable
instrument. The letter of agency check | ||||||
8 | shall not contain
any promotional language or | ||||||
9 | material. The letter of
agency check shall contain | ||||||
10 | in easily readable, bold-face
type on the face of | ||||||
11 | the check, a notice that the consumer
is | ||||||
12 | authorizing an electric service provider change by
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13 | signing the check. The letter of agency language | ||||||
14 | also
shall be placed near the signature line on | ||||||
15 | the back of
the check.
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16 | (5) At a minimum, the letter of agency must be
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17 | printed with a print of sufficient size to be | ||||||
18 | clearly
legible, and must contain clear and | ||||||
19 | unambiguous language
that confirms:
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20 | (i) The consumer's billing name and | ||||||
21 | address;
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22 | (ii) The decision to change the electric | ||||||
23 | service
provider from the current provider to | ||||||
24 | the
prospective provider;
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25 | (iii) The terms, conditions, and nature of | ||||||
26 | the
service to be provided to the consumer |
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1 | must be
clearly and conspicuously disclosed, | ||||||
2 | in writing, and
an alternative retail electric | ||||||
3 | supplier must directly establish
the rates for | ||||||
4 | the service contracted for by the consumer; | ||||||
5 | and
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6 | (iv) That the consumer understand that any
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7 | alternative retail electric supplier selection | ||||||
8 | the consumer
chooses may involve a charge to | ||||||
9 | the consumer for
changing the consumer's | ||||||
10 | electric service provider.
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11 | (6) Letters of agency shall not suggest or | ||||||
12 | require
that a consumer take some action in order | ||||||
13 | to retain the consumer's
current electric service | ||||||
14 | provider.
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15 | (7) If any portion of a letter of agency is
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16 | translated into another language, then all | ||||||
17 | portions of
the letter of agency must be | ||||||
18 | translated into that
language.
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19 | (B) An appropriately qualified independent third | ||||||
20 | party has obtained, in accordance with the procedures | ||||||
21 | set forth in this subsection (b), the consumer's oral | ||||||
22 | authorization to change electric suppliers that | ||||||
23 | confirms and includes appropriate verification data. | ||||||
24 | The independent third party (i) must not be owned, | ||||||
25 | managed, controlled, or directed by the supplier or | ||||||
26 | the supplier's marketing agent; (ii) must not have any |
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1 | financial incentive to confirm supplier change | ||||||
2 | requests for the supplier or the supplier's marketing | ||||||
3 | agent; and (iii) must operate in a location physically | ||||||
4 | separate from the supplier or the supplier's marketing | ||||||
5 | agent.
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6 | Automated third-party verification systems and | ||||||
7 | 3-way conference calls may be used for verification | ||||||
8 | purposes so long as the other requirements of this | ||||||
9 | subsection (b) are satisfied. | ||||||
10 | A supplier or supplier's sales representative | ||||||
11 | initiating a 3-way conference call or a call through | ||||||
12 | an automated verification system must drop off the | ||||||
13 | call once the 3-way connection has been established. | ||||||
14 | All third-party verification methods shall elicit, | ||||||
15 | at a minimum, the following information: (i) the | ||||||
16 | identity of the consumer; (ii) confirmation that the | ||||||
17 | person on the call is the account holder, has been | ||||||
18 | specifically and explicitly authorized by the account | ||||||
19 | holder, or possesses lawful authority to make the | ||||||
20 | supplier change; (iii) confirmation that the person on | ||||||
21 | the call wants to make the supplier change; (iv) the | ||||||
22 | names of the suppliers affected by the change; (v) the | ||||||
23 | service address of the supply to be switched; and (vi) | ||||||
24 | the price of the service to be supplied and the | ||||||
25 | material terms and conditions of the service being | ||||||
26 | offered, including whether any early termination fees |
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1 | apply. Third-party verifiers may not market the | ||||||
2 | supplier's services by providing additional | ||||||
3 | information, including information regarding | ||||||
4 | procedures to block or otherwise freeze an account | ||||||
5 | against further changes. | ||||||
6 | All third-party verifications shall be conducted | ||||||
7 | in the same language that was used in the underlying | ||||||
8 | sales transaction and shall be recorded in their | ||||||
9 | entirety. Submitting suppliers shall maintain and | ||||||
10 | preserve audio records of verification of subscriber | ||||||
11 | authorization for a minimum period of 2 years after | ||||||
12 | obtaining the verification. Automated systems must | ||||||
13 | provide consumers with an option to speak with a live | ||||||
14 | person at any time during the call.
Each disclosure | ||||||
15 | made during the third-party verification must be made | ||||||
16 | individually to obtain clear acknowledgment of each | ||||||
17 | disclosure. The alternative retail electric supplier | ||||||
18 | must be in a location where he or she cannot hear the | ||||||
19 | customer while the third-party verification is | ||||||
20 | conducted. The alternative retail electric supplier | ||||||
21 | shall not contact the customer after the third-party | ||||||
22 | verification for a period of 24 hours unless the | ||||||
23 | customer initiates the contact. | ||||||
24 | (C) When a consumer initiates the call to the | ||||||
25 | prospective alternative retail electric supplier, in | ||||||
26 | order to enroll the consumer as a customer, the |
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1 | prospective alternative retail electric supplier must, | ||||||
2 | with the consent of the customer, make a date-stamped, | ||||||
3 | time-stamped audio recording that elicits, at a | ||||||
4 | minimum, the following information: | ||||||
5 | (1) the identity of the customer; | ||||||
6 | (2) confirmation that the person on the call | ||||||
7 | is authorized to make the supplier change; | ||||||
8 | (3) confirmation that the person on the call | ||||||
9 | wants to make the supplier change; | ||||||
10 | (4) the names of the suppliers affected by the | ||||||
11 | change; | ||||||
12 | (5) the service address of the supply to be | ||||||
13 | switched; and | ||||||
14 | (6) the price of the service to be supplied | ||||||
15 | and the material terms and conditions of the | ||||||
16 | service being offered, including whether any early | ||||||
17 | termination fees apply.
| ||||||
18 | Submitting suppliers shall maintain and preserve | ||||||
19 | the audio records containing the information set forth | ||||||
20 | above for a minimum period of 2 years.
| ||||||
21 | (b)(1) An alternative retail electric supplier shall not | ||||||
22 | utilize the name of a public utility in any manner that is | ||||||
23 | deceptive or misleading, including, but not limited to | ||||||
24 | implying or otherwise leading a consumer to believe that an | ||||||
25 | alternative retail electric supplier is soliciting on behalf | ||||||
26 | of or is an agent of a utility. An alternative retail electric |
| |||||||
| |||||||
1 | supplier shall not utilize the name, or any other identifying | ||||||
2 | insignia, graphics, or wording that has been used at any time | ||||||
3 | to represent a public utility company or its services, to | ||||||
4 | identify, label, or define any of its electric power and | ||||||
5 | energy service offers. An alternative retail electric supplier | ||||||
6 | may state the name of a public electric utility in order to | ||||||
7 | accurately describe the electric utility service territories | ||||||
8 | in which the supplier is currently offering an electric power | ||||||
9 | and energy service. An alternative retail electric supplier | ||||||
10 | that is the affiliate of an Illinois public utility and that | ||||||
11 | was doing business in Illinois providing alternative retail | ||||||
12 | electric service on January 1, 2016 may continue to use that | ||||||
13 | public utility's name, logo, identifying insignia, graphics, | ||||||
14 | or wording in its business operations occurring outside the | ||||||
15 | service territory of the public utility with which it is | ||||||
16 | affiliated. | ||||||
17 | (2) An alternative retail electric supplier shall not | ||||||
18 | state or otherwise imply that the alternative retail electric | ||||||
19 | supplier is employed by, representing, endorsed by, or acting | ||||||
20 | on behalf of a utility or utility program, a consumer group or | ||||||
21 | consumer group program, or a governmental body, unless the | ||||||
22 | alternative retail electric supplier has entered into a | ||||||
23 | contractual arrangement with the governmental body and has | ||||||
24 | been authorized by the governmental body to make the | ||||||
25 | statements. | ||||||
26 | (c) An alternative retail electric supplier shall not |
| |||||||
| |||||||
1 | submit or execute a change in a consumer's selection of a | ||||||
2 | provider of electric service unless the alternative retail | ||||||
3 | electric supplier complies with the following requirements of | ||||||
4 | this subsection (c). It is a violation of this Section for an | ||||||
5 | alternative retail electric supplier to fail to comply with | ||||||
6 | this subsection (c). The requirements of this subsection (c) | ||||||
7 | shall only apply to residential and small commercial retail | ||||||
8 | customers. For purposes of this subsection (c) only, "small | ||||||
9 | commercial retail customer" has the meaning given to that term | ||||||
10 | in Section 16-102 of the Public Utilities Act. | ||||||
11 | (1) During a solicitation an alternative retail | ||||||
12 | electric supplier shall state that he or represents an | ||||||
13 | independent seller of electric power and energy service | ||||||
14 | certified by the Illinois Commerce Commission and that he | ||||||
15 | or she is not employed by, representing, endorsed by, or | ||||||
16 | acting on behalf of, a utility, or a utility program, a | ||||||
17 | consumer group or consumer group program, or a | ||||||
18 | governmental body, unless the alternative retail electric | ||||||
19 | supplier has entered into a contractual arrangement with | ||||||
20 | the governmental body and has been authorized with the | ||||||
21 | governmental body to make the statements. | ||||||
22 | (2) Alternative retail electric suppliers who engage | ||||||
23 | in in-person solicitation for the purpose of selling | ||||||
24 | electric power and energy service offered by the | ||||||
25 | alternative retail electric supplier shall display | ||||||
26 | identification on an outer garment. This identification |
| |||||||
| |||||||
1 | shall be visible at all times and prominently display the | ||||||
2 | following: (i) the alternative retail electric supplier | ||||||
3 | agent's full name in reasonable size font; (ii) an agent | ||||||
4 | identification number; (iii) a photograph of the | ||||||
5 | alternative retail electric supplier agent; and (iv) the | ||||||
6 | trade name and logo of the alternative retail electric | ||||||
7 | supplier the agent is representing. If the agent is | ||||||
8 | selling electric power and energy services from multiple | ||||||
9 | alternative retail electric suppliers to the consumer, the | ||||||
10 | identification shall display the trade name and logo of | ||||||
11 | the agent, broker, or consultant entity as that entity is | ||||||
12 | defined in Section 16-115C of the Public Utilities Act. An | ||||||
13 | alternative retail electric supplier shall leave the | ||||||
14 | premises at the consumer's, owner's, or occupant's | ||||||
15 | request. A copy of the Uniform Disclosure Statement | ||||||
16 | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | ||||||
17 | is to be left with the consumer, at the conclusion of the | ||||||
18 | visit unless the consumer refuses to accept a copy. An | ||||||
19 | alternative retail electric supplier may provide the | ||||||
20 | Uniform Disclosure Statement electronically instead of in | ||||||
21 | paper form to a consumer upon that customer's request. The | ||||||
22 | alternative retail electric supplier shall also offer to | ||||||
23 | the consumer, at the time of the initiation of the | ||||||
24 | solicitation, a business card or other material that lists | ||||||
25 | the agent's name, identification number and title, and the | ||||||
26 | alternative retail electric supplier's name and contact |
| |||||||
| |||||||
1 | information, including phone number. The alternative | ||||||
2 | retail electric supplier shall not conduct any in-person | ||||||
3 | solicitations of consumers at any building or premises | ||||||
4 | where any sign, notice, or declaration of any description | ||||||
5 | whatsoever is posted that prohibits sales, marketing, or | ||||||
6 | solicitations. The alternative retail electric supplier | ||||||
7 | shall obtain consent to enter multi-unit residential | ||||||
8 | dwellings. Consent obtained to enter a multi-unit dwelling | ||||||
9 | from one prospective customer or occupant of the dwelling | ||||||
10 | shall not constitute consent to market to any other | ||||||
11 | prospective consumers without separate consent. | ||||||
12 | (3) An alternative retail electric supplier who | ||||||
13 | contacts consumers by telephone for the purpose of selling | ||||||
14 | electric power and energy service shall provide the | ||||||
15 | agent's name and identification number. Any telemarketing | ||||||
16 | solicitations that lead to a telephone enrollment of a | ||||||
17 | consumer must be recorded and retained for a minimum of 2 | ||||||
18 | years. All telemarketing calls of consumers that do not | ||||||
19 | lead to a telephone enrollment, but last at least 2 | ||||||
20 | minutes, shall be recorded and retained for a minimum of 6 | ||||||
21 | months. | ||||||
22 | (4) During an inbound enrollment call, an alternative | ||||||
23 | retail electric supplier shall state that he or she | ||||||
24 | represents an independent seller of electric power and | ||||||
25 | energy service certified by the Illinois Commerce | ||||||
26 | Commission. All inbound enrollment calls that lead to an |
| |||||||
| |||||||
1 | enrollment shall be recorded, and the recordings shall be | ||||||
2 | retained for a minimum of 2 years. An inbound enrollment | ||||||
3 | call that does not lead to an enrollment, but lasts at | ||||||
4 | least 2 minutes, shall be retained for a minimum of 6 | ||||||
5 | months. The alternative retail electric supplier shall | ||||||
6 | send the Uniform Disclosure Statement and contract to the | ||||||
7 | customer within 3 business days after the electric | ||||||
8 | utility's confirmation to the alternative retail electric | ||||||
9 | supplier of an accepted enrollment. | ||||||
10 | (5) If a direct mail solicitation to a consumer | ||||||
11 | includes a written letter of agency, it shall include the | ||||||
12 | Uniform Disclosure Statement described in 83 Ill. Adm. | ||||||
13 | Code 412.115 and 412.Appendix A. The Uniform Disclosure | ||||||
14 | Statement shall be provided on a separate page from the | ||||||
15 | other marketing materials included in the direct mail | ||||||
16 | solicitation. If a written letter of agency is being used | ||||||
17 | to authorize a consumer's enrollment, the written letter | ||||||
18 | of agency shall comply with this Section. A copy of the | ||||||
19 | contract must be sent to consumer within 3 business days | ||||||
20 | after the electric utility's confirmation to the | ||||||
21 | alternative retail electric supplier of an accepted | ||||||
22 | enrollment. | ||||||
23 | (6) Online Solicitation. | ||||||
24 | (A) Each alternative retail electric supplier | ||||||
25 | offering electric power and energy service to | ||||||
26 | consumers online shall clearly and conspicuously make |
| |||||||
| |||||||
1 | all disclosures for any services offered through | ||||||
2 | online enrollment before requiring the consumer to | ||||||
3 | enter any personal information other than zip code, | ||||||
4 | electric utility service territory, or type of service | ||||||
5 | sought. | ||||||
6 | (B) Notwithstanding any requirements in this | ||||||
7 | Section to the contrary, an alternative retail | ||||||
8 | electric supplier may secure consent from the consumer | ||||||
9 | to obtain customer-specific billing and usage | ||||||
10 | information for the sole purpose of determining and | ||||||
11 | pricing a product through a letter of agency or method | ||||||
12 | approved through an Illinois Commerce Commission | ||||||
13 | docket before making all disclosure for services | ||||||
14 | offered through online enrollment. It is a violation | ||||||
15 | of this Act for an alternative retail electric | ||||||
16 | supplier to use a consumer's utility account number to | ||||||
17 | execute or change a consumer's enrollment unless the | ||||||
18 | consumer expressly consents to that enrollment as | ||||||
19 | required by law. | ||||||
20 | (C) The enrollment website of the alternative | ||||||
21 | retail electric supplier shall, at a minimum, include: | ||||||
22 | (i) disclosure of all material terms and conditions of | ||||||
23 | the offer; (ii) a statement that electronic acceptance | ||||||
24 | of the terms and conditions is an agreement to | ||||||
25 | initiate service and begin enrollment; (iii) a | ||||||
26 | statement that the consumer shall review the contract |
| |||||||
| |||||||
1 | or contact the current supplier to learn if any early | ||||||
2 | termination fees are applicable; and (iv) an email | ||||||
3 | address and toll-free phone number of the alternative | ||||||
4 | retail electric supplier where the customer can | ||||||
5 | express a decision to rescind the contract. | ||||||
6 | (7)(A) Beginning January 1, 2020, an alternative | ||||||
7 | retail electric supplier shall not sell or offer to sell | ||||||
8 | any products or services to a consumer pursuant to a | ||||||
9 | contract in which the contract automatically renews, | ||||||
10 | unless an alternative retail electric supplier provides to | ||||||
11 | the consumer at the outset of the offer, in addition to | ||||||
12 | other disclosures required by law, a separate written | ||||||
13 | statement titled "Automatic Contract Renewal" that clearly | ||||||
14 | and conspicuously discloses in bold lettering in at least | ||||||
15 | 12-point font the terms and conditions of the automatic | ||||||
16 | contract renewal provision, including: (i) the estimated | ||||||
17 | bill cycle on which the initial contract term expires and | ||||||
18 | a statement that it could be later based on when the | ||||||
19 | utility accepts the initial enrollment; (ii) the estimated | ||||||
20 | bill cycle on which the new contract term begins and a | ||||||
21 | statement that it will immediately follow the last billing | ||||||
22 | cycle of the current term; (iii) the procedure to | ||||||
23 | terminate the contract before the new contract term | ||||||
24 | applies; and (iv) the cancellation procedure. If the | ||||||
25 | alternative retail electric supplier sells or offers to | ||||||
26 | sell the products or services to a consumer during an |
| |||||||
| |||||||
1 | in-person solicitation or telemarketing solicitation, the | ||||||
2 | disclosures described in this subparagraph (A) shall also | ||||||
3 | be made to the consumer verbally during the solicitation. | ||||||
4 | Nothing in this subparagraph (A) shall be construed to | ||||||
5 | apply to contracts entered into before January 1, 2020. | ||||||
6 | (B) At least 30 days before, but not more than 60 | ||||||
7 | days prior, to the end of the initial contract term, in | ||||||
8 | any and all contracts that automatically renew after | ||||||
9 | the initial term, the alternative retail electric | ||||||
10 | supplier shall send, in addition to other disclosures | ||||||
11 | required by law, a separate written notice of the | ||||||
12 | contract renewal to the consumer that clearly and | ||||||
13 | conspicuously discloses the following: | ||||||
14 | (i) a statement printed or visible from the | ||||||
15 | outside of the envelope or in the subject line of | ||||||
16 | the email, if the customer has agreed to receive | ||||||
17 | official documents by email, that states "Contract | ||||||
18 | Renewal Notice"; | ||||||
19 | (ii) a statement in bold lettering, in at | ||||||
20 | least 12-point font, that the contract will | ||||||
21 | automatically renew unless the customer cancels | ||||||
22 | it; | ||||||
23 | (iii) the billing cycle in which service under | ||||||
24 | the current term will expire; | ||||||
25 | (iv) the billing cycle in which service under | ||||||
26 | the new term will begin; |
| |||||||
| |||||||
1 | (v) the process and options available to the | ||||||
2 | consumer to reject the new contract terms; | ||||||
3 | (vi) the cancellation process if the | ||||||
4 | consumer's contract automatically renews before | ||||||
5 | the consumer rejects the new contract terms; | ||||||
6 | (vii) the terms and conditions of the new | ||||||
7 | contract term; | ||||||
8 | (viii) for a fixed rate contract, a | ||||||
9 | side-by-side comparison of the current price and | ||||||
10 | the new price; for a variable rate contract or | ||||||
11 | time-of-use product in which the first month's | ||||||
12 | renewal price can be determined, a side-by-side | ||||||
13 | comparison of the current price and the price for | ||||||
14 | the first month of the new variable or time-of-use | ||||||
15 | price; or for a variable or time-of-use contract | ||||||
16 | based on a publicly available index, a | ||||||
17 | side-by-side comparison of the current formula and | ||||||
18 | the new formula; and | ||||||
19 | (ix) the phone number and email address to | ||||||
20 | submit a consumer inquiry or complaint to the | ||||||
21 | Illinois Commerce Commission and the Office of the | ||||||
22 | Attorney General. | ||||||
23 | (C) An alternative retail electric supplier shall | ||||||
24 | not automatically renew a consumer's enrollment after | ||||||
25 | the current term of the contract expires when the | ||||||
26 | current term of the contract provides that the |
| |||||||
| |||||||
1 | consumer will be charged a fixed rate and the renewed | ||||||
2 | contract provides that the consumer will be charged a | ||||||
3 | variable rate, unless: (i) the alternative retail | ||||||
4 | electric supplier complies with subparagraphs (A) and | ||||||
5 | (B); and (ii) the customer expressly consents to the | ||||||
6 | contract renewal in writing or by electronic signature | ||||||
7 | at least 30 days, but no more than 60 days, before the | ||||||
8 | contract expires. | ||||||
9 | (D) This paragraph (7) does not apply to customers | ||||||
10 | enrolled in a municipal aggregation program pursuant | ||||||
11 | to Section 1-92 of the Illinois Power Agency Act. | ||||||
12 | (8) All in-person and telephone solicitations shall be | ||||||
13 | conducted in, translated into, and provided in a language | ||||||
14 | in which the consumer subject to the marketing or | ||||||
15 | solicitation is able to understand and communicate. An | ||||||
16 | alternative retail electric supplier shall terminate a | ||||||
17 | solicitation if the consumer subject to the marketing or | ||||||
18 | communication is unable to understand and communicate in | ||||||
19 | the language in which the marketing or solicitation is | ||||||
20 | being conducted. An alternative retail electric supplier | ||||||
21 | shall comply with Section 2N of this Act. | ||||||
22 | (9) Beginning January 1, 2020, consumers shall have | ||||||
23 | the right to terminate their contract with the alternative | ||||||
24 | retail electric supplier at any time without any | ||||||
25 | termination fees or penalties. | ||||||
26 | (10) An alternative retail electric supplier shall not |
| |||||||
| |||||||
1 | submit a change to a customer's electric service provider | ||||||
2 | in violation of Section 16-115E of the Public Utilities | ||||||
3 | Act. | ||||||
4 | (c) Complaints may be filed with the Illinois Commerce | ||||||
5 | Commission under this Section by a consumer whose electric | ||||||
6 | service has been provided by an alternative retail electric | ||||||
7 | supplier in a manner not in compliance with this Section or by | ||||||
8 | the Illinois Commerce Commission on its own motion when it | ||||||
9 | appears to the Commission that an alternative retail electric | ||||||
10 | supplier has provided service in a manner not in compliance | ||||||
11 | with this Section. If, after notice and hearing, the | ||||||
12 | Commission finds that an alternative retail electric supplier | ||||||
13 | has violated this Section, the Commission may in its | ||||||
14 | discretion do any one or more of the following: | ||||||
15 | (1) Require the violating alternative retail electric | ||||||
16 | supplier to refund to the consumer charges collected in | ||||||
17 | excess of those that would have been charged by the | ||||||
18 | consumer's authorized electric service provider. | ||||||
19 | (2) Require the violating alternative retail electric | ||||||
20 | supplier to pay to the consumer's authorized electric | ||||||
21 | service provider the amount the authorized electric | ||||||
22 | service provider would have collected for the electric | ||||||
23 | service. The Commission is authorized to reduce this | ||||||
24 | payment by any amount already paid by the violating | ||||||
25 | alternative retail electric supplier to the consumer's | ||||||
26 | authorized provider for electric service. |
| |||||||
| |||||||
1 | (3) Require the violating alternative retail electric | ||||||
2 | supplier to pay a fine of up to $1,000 into the Public | ||||||
3 | Utility Fund for each repeated and intentional violation | ||||||
4 | of this Section. | ||||||
5 | (4) Issue a cease and desist order. | ||||||
6 | (5) For a pattern of violation of this Section or for | ||||||
7 | intentionally violating a cease and desist order, revoke | ||||||
8 | the violating alternative retail electric supplier's | ||||||
9 | certificate of service authority.
| ||||||
10 | (d) For purposes of this
Section: | ||||||
11 | "Electric service provider"
shall have the meaning given | ||||||
12 | that phrase in
Section 6.5 of the
Attorney General Act.
| ||||||
13 | "Alternative retail electric supplier" has the meaning | ||||||
14 | given to that term in Section 16-102 of the Public Utilities | ||||||
15 | Act. | ||||||
16 | (e)(1) Before an alternative retail electric supplier may | ||||||
17 | warrant that it has a residential customer or small commercial | ||||||
18 | retail customer's express consent agreement to access interval | ||||||
19 | data pursuant to subsection (b) of Section 16-122 of the | ||||||
20 | Public Utilities Act, the alternative retail electric supplier | ||||||
21 | shall: (i) disclose to the consumer at the outset of the offer | ||||||
22 | that the alternative retail electric supplier will access the | ||||||
23 | consumer's interval data from the consumer's utility with the | ||||||
24 | consumer's express agreement, and the consumer's option to | ||||||
25 | refuse to provide express agreement to access the consumer's | ||||||
26 | interval data; and (ii) obtain the consumer's express |
| |||||||
| |||||||
1 | agreement for the alternative retail electric supplier to | ||||||
2 | access the consumer's interval data from the consumer's | ||||||
3 | utility in a separate letter of agency, a distinct response to | ||||||
4 | a third-party verification, or during a recorded enrollment | ||||||
5 | initiated by the consumer with the consumer's consent. The | ||||||
6 | disclosure by the alternative retail electric supplier to the | ||||||
7 | consumer in this Section shall be conducted in, translated | ||||||
8 | into, and provided in a language in which the consumer subject | ||||||
9 | to the disclosure is able to understand and communicate. | ||||||
10 | (2) Before an alternative retail electric supplier may | ||||||
11 | warrant to an electric utility that it has an express | ||||||
12 | agreement from a residential customer or small commercial | ||||||
13 | retail customer who was enrolled with the alternative retail | ||||||
14 | electric supplier prior to the effective date of this | ||||||
15 | amendatory Act of the 102nd General Assembly to access the | ||||||
16 | consumer's interval data pursuant to subsection (b)of Section | ||||||
17 | 16-122 of the Public Utilities Act, an alternative retail | ||||||
18 | electric supplier shall: (i) disclose to the consumer that the | ||||||
19 | alternative retail electric supplier will access the | ||||||
20 | consumer's interval data from the consumer's utility with the | ||||||
21 | consumer's express agreement, which is a material change to | ||||||
22 | the consumer's existing contract terms, and the consumer's | ||||||
23 | option to refuse to provide express agreement to access the | ||||||
24 | consumer's interval data; and (ii) obtain the consumer's | ||||||
25 | express agreement for the alternative retail electric supplier | ||||||
26 | to change the consumer's material contract terms to access the |
| |||||||
| |||||||
1 | consumer's interval data from the consumer's utility in a | ||||||
2 | separate letter of agency, a distinct response to a | ||||||
3 | third-party verification, or during a recorded enrollment | ||||||
4 | initiated by the consumer with the consumer's consent. The | ||||||
5 | disclosure by the alternative retail electric supplier to the | ||||||
6 | consumer in this Section shall be conducted in, translated | ||||||
7 | into, and provided in a language in which the consumer subject | ||||||
8 | to the disclosure is able to understand and communicate. | ||||||
9 | (3) An alternative retail electric supplier may refuse to | ||||||
10 | enroll or may disenroll a residential customer or small | ||||||
11 | commercial retail customer in a product or service pursuant to | ||||||
12 | paragraph (4) of subsection (b) of Section 16-122 of the | ||||||
13 | Public Utilities Act if the residential customer or small | ||||||
14 | commercial retail customer does not provide or revokes consent | ||||||
15 | under this subsection. | ||||||
16 | (4) An alternative retail electric supplier shall not | ||||||
17 | warrant that it has a non-residential customer's, other than a | ||||||
18 | small commercial retail customer, consent to access interval | ||||||
19 | data pursuant to subsection (b) of Section 16-122 of the | ||||||
20 | Public Utilities Act unless the contract between the | ||||||
21 | alternative retail electric supplier and the customer | ||||||
22 | explicitly provides the alternative retail electric supplier | ||||||
23 | with permission to access the customer's interval meter usage | ||||||
24 | data. | ||||||
25 | (Source: P.A. 101-590, eff. 1-1-20 .)".
|