Bill Text: IL SB1445 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Public Utilities Act. Provides that any residential or small commercial retail customer of an electric utility that on December 31, 2005 provided electric service to at least 2,000,000 customers in Illinois that has returned to that electric utility's bundled utility tariffed service offering may elect delivery services of electric power and energy supply service from an alternative retail electric supplier after at least 6 continuous monthly billing periods of electric power and supply service from that utility; however, the residential or small commercial retail customer shall not be permitted to return to the same alternative retail electric supplier within 2 billing cycles after the customer returned to that electric utility's bundled utility tariffed service other than in situations where the return was in error, inadvertent, or the result of any other unintended operational consequence. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-08-03 - Public Act . . . . . . . . . 99-0250 [SB1445 Detail]

Download: Illinois-2015-SB1445-Enrolled.html

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AN ACT concerning utilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 16-103 as follows:
(220 ILCS 5/16-103)
Sec. 16-103. Service obligations of electric utilities.
(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
competitive pursuant to Section 16-113, or (ii) abandoned
pursuant to Section 8-508. Nothing in this subsection shall be
construed as limiting an electric utility's right to propose,
or the Commission's power to approve, allow or order
modifications in the rates, terms and conditions for such
services pursuant to Article IX or Section 16-111 of this Act.
(b) An electric utility shall also offer, as tariffed
services, delivery services in accordance with this Article,
the power purchase options described in Section 16-110 and
real-time pricing as provided in Section 16-107.
(c) Notwithstanding any other provision of this Article,
each electric utility shall continue offering to all

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residential customers and to all small commercial retail
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.
(d) Any residential or small commercial retail customer
which elects delivery services is entitled to return to the
electric utility's bundled utility tariffed service offering
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.
(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
offer any competitive service.
(Source: P.A. 97-497, eff. 8-22-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.