220 ILCS 5/16-102
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. 16-102. Definitions. For the purposes of this  Article the following terms shall be defined as set forth in  this Section."Alternative retail electric supplier" means every  person, cooperative, corporation, municipal corporation,  company, association, joint stock company or association,  firm, partnership, individual, or other entity, their lessees,  trustees, or receivers appointed by any court whatsoever, that  offers electric power or energy for sale, lease or in exchange  for other value received to one or more retail customers, or  that engages in the delivery or furnishing of electric power  or energy to such retail customers, and shall include, without  limitation, resellers, aggregators and power marketers, but  shall not include (i) electric utilities (or any agent of the  electric utility to the extent the electric utility provides  tariffed services to retail customers through that agent),  (ii) any electric cooperative or municipal system as defined  in Section 17-100 to the extent that the electric cooperative  or municipal system is serving retail customers within any  area in which it is or would be entitled to provide service  under the law in effect immediately prior to the effective  date of this amendatory Act of 1997, (iii) a public utility  that is owned and operated by any public institution of higher  education of this State, or a public utility that is owned by  such public institution of higher education and operated by  any of its lessees or operating agents, within any area in  which it is or would be entitled to provide service under the  law in effect immediately prior to the effective date of this  amendatory Act of 1997, (iv) a retail customer to the extent  that customer obtains its electric power and energy from that customer's  own cogeneration or self-generation facilities, (v) an  entity that owns, operates, sells, or arranges for the installation of  a customer's own cogeneration or self-generation facilities, but only to  the extent the entity is engaged in  owning,  selling or arranging for the installation of such facility,  or operating the facility  on behalf of such customer, provided however that any such  third party owner or operator of a facility built after  January 1, 1999, complies with the labor provisions of Section 16-128(a) as  though  such third party were an alternative retail  electric supplier,  or (vi) an industrial or  manufacturing customer that owns  its own  distribution facilities, to the extent that the customer provides service from  that distribution system to a third-party contractor located on the customer's  premises that is integrally and predominantly engaged in the customer's  industrial or  manufacturing process; provided, that if the industrial or manufacturing  customer has elected delivery services, the customer shall pay transition  charges applicable to the electric power and energy consumed by the third-party  contractor unless such charges are otherwise paid by the third party  contractor, which shall be calculated based on the usage of, and the base rates  or the contract rates applicable to, the third-party contractor in accordance  with Section 16-102.An entity that furnishes the service of charging electric vehicles does not and shall not be deemed to sell electricity and is not and shall not be deemed an alternative retail electric supplier, and is not subject to regulation as such under this Act notwithstanding the basis on which the service is provided or billed. If, however, the entity is otherwise deemed an alternative retail electric supplier under this Act, or is otherwise subject to regulation under this Act, then that entity is not exempt from and remains subject to the otherwise applicable provisions of this Act. The installation, maintenance, and repair of an electric vehicle charging station shall comply with the requirements of subsection (a) of Section 16-128 and Section 16-128A of this Act.For purposes of this Section, the term "electric vehicles" has the    meaning ascribed to that term in Section 10 of the Electric Vehicle    Act."Base rates" means the rates for those tariffed services that the electric  utility is required to offer pursuant to subsection (a) of Section 16-103 and  that were identified in a rate order for collection of the electric  utility's base rate revenue requirement, excluding (i) separate automatic  rate adjustment riders then in effect, (ii) special or negotiated contract  rates, (iii) delivery services tariffs filed pursuant to Section 16-108, (iv)  real-time pricing, or (v) tariffs that were in effect prior to October 1, 1996  and that based charges for services on an index or average of other utilities'  charges, but including (vi) any subsequent redesign of such rates for  tariffed  services that is authorized by the Commission after notice and hearing."Competitive service" includes (i) any service that  has been declared to be competitive pursuant to Section  16-113 of this Act, (ii) contract service, and (iii) services,  other than tariffed services, that are related to, but not  necessary for, the provision of electric power and energy or delivery services."Contract service" means (1) services, including the  provision of electric power and energy or other services, that  are provided by mutual agreement between an electric utility  and a retail customer that is located in the electric  utility's service area, provided that, delivery services shall  not be a contract service until such services are declared  competitive pursuant to Section 16-113; and also means (2) the  provision of electric power and energy by an electric utility  to retail customers outside the electric utility's service  area pursuant to Section 16-116.  Provided, however, contract  service does not include electric utility services provided  pursuant to (i) contracts that retail customers are required  to execute as a condition of receiving tariffed services, or  (ii) special or negotiated rate contracts for electric utility  services that were entered into between an electric utility  and a retail customer prior to the effective date of this  amendatory Act of 1997 and filed with the Commission."Delivery services" means those services provided by the  electric utility that are necessary in order for the  transmission and distribution systems to function so that  retail customers located in the electric utility's service  area can receive electric power and energy from suppliers  other than the electric utility, and shall include, without  limitation, standard metering and billing services."Electric utility" means a public utility, as defined in  Section 3-105 of this Act, that has a franchise, license,  permit or right to furnish or sell electricity to retail  customers within a service area."Mandatory transition period" means the period from the  effective date of this amendatory Act of 1997 through January  1, 2007."Municipal system" shall have the meaning set forth in  Section 17-100."Real-time pricing" means tariffed retail charges for delivered electric  power and energy that vary  hour-to-hour and are determined from wholesale market  prices using a  methodology approved by the Illinois Commerce Commission."Retail customer" means a single entity using electric  power or energy at a single premises and that (A) either (i)  is receiving or is eligible to receive tariffed services from  an electric utility,  or (ii) that is served by a municipal system or electric  cooperative within any area in which the  municipal system or electric cooperative is or would be  entitled to provide service under the law in effect  immediately prior to the effective date of this amendatory Act  of 1997, or (B) an entity which on the effective date of this  Act was receiving electric service from a public utility and  (i) was engaged in the  practice of resale and redistribution  of such electricity within a building prior to January 2,  1957, or (ii) was providing lighting services to tenants in a  multi-occupancy building, but only to the extent such resale,  redistribution or lighting service is authorized by the  electric utility's tariffs that were on file with the  Commission on the effective date of this Act."Service area" means (i) the geographic area within which  an electric utility was lawfully entitled to provide electric  power and energy to retail customers as of the effective date  of this amendatory Act of 1997, and includes (ii) the location  of any retail customer to which the electric utility was  lawfully providing electric utility services on such effective  date."Small commercial retail customer" means those  nonresidential retail customers of an electric utility  consuming 15,000 kilowatt-hours or less of electricity  annually in its service area."Tariffed service" means services provided to retail  customers by an electric utility as defined by its rates on  file with the Commission pursuant to the provisions of Article  IX of this Act, but shall not include competitive services."Transition charge" means a charge expressed in cents  per kilowatt-hour that is calculated for a customer or class  of customers as follows for each year in which an electric  utility is entitled to recover transition charges as provided  in Section 16-108:(1) the amount of revenue that an electric utility     would receive from the retail customer or customers if it were serving such customers' electric power and energy requirements as a tariffed service based on (A) all of the customers' actual usage during the 3 years ending 90 days prior to the date on which such customers were first eligible for delivery services pursuant to Section 16-104, and (B) on (i) the base rates in effect on October 1, 1996 (adjusted for the reductions required by subsection (b) of Section 16-111, for any reduction resulting from a rate decrease under Section 16-101(b), for any restatement of base rates made in conjunction with an elimination of the fuel adjustment clause pursuant to subsection (b), (d), or (f) of Section 9-220 and for any removal of decommissioning costs from base rates pursuant to Section 16-114) and any separate automatic rate adjustment riders (other than a decommissioning rate as defined in Section 16-114) under which the customers were receiving or, had they been customers, would have received electric power and energy from the electric utility during the year immediately preceding the date on which such customers were first eligible for delivery service pursuant to Section 16-104, or (ii) to the extent applicable, any contract rates, including contracts or rates for consolidated or aggregated billing, under which such customers were receiving electric power and energy from the electric utility during such year;(2) less the amount of revenue, other than revenue     from transition charges and decommissioning rates, that the electric utility would receive from such retail customers for delivery services provided by the electric utility, assuming such customers were taking delivery services for all of their usage, based on the delivery services tariffs in effect during the year for which the transition charge is being calculated and on the usage identified in paragraph (1);(3) less the market value for the electric power and     energy that the electric utility would have used to supply all of such customers' electric power and energy requirements, as a tariffed service, based on the usage identified in paragraph (1), with such market value determined in accordance with Section 16-112 of this Act;(4) less the following amount which represents the     amount to be attributed to new revenue sources and cost reductions by the electric utility through the end of the period for which transition costs are recovered pursuant to Section 16-108, referred to in this Article XVI as a "mitigation factor":(A) for nonresidential retail customers, an         amount equal to the greater of (i) 0.5 cents per kilowatt-hour during the period October 1, 1999 through December 31, 2004, 0.6 cents per kilowatt-hour in calendar year 2005, and 0.9 cents per kilowatt-hour in calendar year 2006, multiplied in each year by the usage identified in paragraph (1), or (ii) an amount equal to the following percentages of the amount produced by applying the applicable base rates (adjusted as described in subparagraph (1)(B)) or contract rate to the usage identified in paragraph (1): 8% for the period October 1, 1999 through December 31, 2002, 10% in calendar years 2003 and 2004, 11% in calendar year 2005 and 12% in calendar year 2006; and(B) for residential retail customers, an amount         equal to the following percentages of the amount produced by applying the base rates in effect on October 1, 1996 (adjusted as described in subparagraph (1)(B)) to the usage identified in paragraph (1): (i) 6% from May 1, 2002 through December 31, 2002, (ii) 7% in calendar years 2003 and 2004, (iii) 8% in calendar year 2005, and (iv) 10% in calendar year 2006;(5) divided by the usage of such customers identified     in paragraph (1),  provided that the transition charge shall never be less than  zero."Unbundled service" means a component or constituent part  of a tariffed service which the electric utility subsequently  offers separately to its customers.  (Source: P.A. 97-1128, eff. 8-28-12.)