220 ILCS 5/16-110
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XVI - Electric Service Customer Choice And Rate Relief Law Of 1997

Sec. 16-110.         Delivery services customer power purchase  options.(a) Each electric utility shall offer a tariffed service  or services in accordance with the terms and conditions set  forth in this Section pursuant to which its non-residential delivery services  customers may purchase from the electric utility an amount of  electric power and energy that is equal to or less than the  amounts that are delivered by such electric utility.(b) Except as provided in subsection (o) of Section 16-112, a  non-residential delivery services customer  that is paying transition charges to the electric utility  shall be permitted to purchase electric power and energy from  the electric utility at a price or prices equal to the sum of  (i) the market values that are determined for the electric  utility in accordance with Section 16-112 and used by the  electric utility to calculate the customer's transition  charges and (ii) a fee that compensates the electric utility  for any administrative costs it incurs in arranging to supply  such electric power and energy.  The electric utility may  require that the customer purchase such electric power and  energy for periods of not less than one year and may also  require that the customer give up to 30 days notice for a  purchase of one year's duration, and 90 days notice for a  purchase of more than one year's duration.  A non-residential delivery service  customer exercising the option described in this subsection  may sell or assign its interests in the electric power or  energy that the customer has purchased.  In the case of any such assignment or sale by any non-residential delivery  service customer to an alternative retail electric supplier that is serving  such customer and has been certified pursuant to Section 16-115, an electric  utility serving more than 500,000 customers shall provide such power and energy  at the same market value as set forth in clause (i) of this subsection,  together with the fee charged under clause (ii) of this subsection, less any  costs included in such market value or fee with respect to retail marketing  activities, provided, however, that in no event shall an electric utility be  required after June 1, 2002 to provide power and energy at this market value  plus fee that excludes marketing costs for any such assignment or sale by a  non-residential customer to an alternative retail electric supplier.  At least twice per year, each electric utility shall notify its small  commercial retail customers, through bill inserts and other similar  means, of their option to obtain electric power and energy through purchases at  market value pursuant to this subsection.(c) After the transition charge period applicable to a non-residential  delivery services customer, and until the provision of  electric power and energy is declared competitive for the  customer group to which the customer belongs, a non-residential delivery  services customer that paid any transition charges it was  legally obligated to pay to an electric utility shall be  permitted to purchase electric power and energy from the  electric utility for contract periods of one year at a price  or prices equal to the sum of (i) the market value determined  for that customer's class  pursuant to Section 16-112 and (ii) to the extent it is not  included in such market value, a fee to compensate the  electric utility for the service of arranging the supply or  purchase of such electric power and energy.  The electric  utility may require that a delivery services customer give the  following notice for such a purchase: (i) for a small commercial retail  customer, not more than 30 days; (ii)  for a nonresidential customer which is not a small commercial  retail customer but which has maximum electrical demand of  less than 500 kilowatts, not more than 6 months; (iii) for a  nonresidential customer with maximum electrical demand of 500  kilowatts or more but less than one megawatt, not more than 9  months; and (iv) for a nonresidential customer with maximum  electrical demand of one megawatt or more, not more than one year.  At least twice per year, each electric utility shall notify  its small commercial retail customers, through  bill inserts or other similar means, of their option to obtain  electric power and energy through purchases at market value  pursuant to this subsection.(d) After the transition charge period applicable to a  non-residential delivery services customer, and until the provision of  electric power and energy is declared competitive for the  customer group to which the customer belongs, a non-residential delivery  services customer, other than a small commercial retail  customer, that paid any transition charges it was  legally obligated to pay to an electric utility shall be  permitted to purchase electric power and energy from the  electric utility for contract periods of one year at a price  or prices equal to (A) the sum of (i) the electric utility's  actual cost of procuring such electric power and energy and  (ii) a broker's fee to compensate the electric utility for  arranging the supply, or, if the utility so elects, (B) the  market value of electric power or energy provided by the  electric utility determined as set forth in the electric  utility's tariff for that customer's class.  The electric utility may require  that the  delivery services customer give up to 30 days notice for such  a purchase.(e) Each delivery services customer purchasing electric  power and energy from the electric utility pursuant to a  tariff filed in accordance with this Section shall also pay  all of the applicable charges set forth in the electric  utility's delivery services tariffs and any other tariffs  applicable to the services provided to that customer by the  electric utility.(f) An electric utility can require a retail customer  taking delivery services that formerly generated electric  power and energy for its own use and that would not otherwise  pay transition charges on a portion of its electric power and  energy requirements served on delivery services to pay  transition charges on that portion of the customer's electric  power and energy requirements as a condition of exercising the  delivery services customer power purchase options set forth in  this Section.    (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)