220 ILCS 5/16-104
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. 16-104.     Delivery services transition plan.     An  electric utility shall provide delivery services to retail  customers in accordance with the provisions of this Section.(a) Each electric utility shall offer delivery services  to retail customers located in its service area in accordance  with the following provisions:(1) On or before October 1, 1999, the electric     utility shall offer delivery services (i) to any non-residential retail customer whose average monthly maximum electrical demand on the electric utility's system during the 6 months with the customer's highest monthly maximum demands in the 12 months ending June 30, 1999 equals or exceeds 4 megawatts; (ii) to any non-governmental, non-residential, commercial retail customers under common ownership doing business at 10 or more separate locations within the electric utility's service area, if the aggregate coincident average monthly maximum electrical demand of all such locations during the 6 months with the customer's highest monthly maximum electrical demands during the 12 months ending June 30, 1999 equals or exceeds 9.5 megawatts, provided, however, that an electric utility's obligation to offer delivery services under this clause (ii) shall not exceed 3.5% of the maximum electric demand on the electric utility's system in the 12 months ending June 30, 1999; and (iii) to non-residential retail customers whose annual electric energy use comprises 33% of the kilowatt-hour sales, excluding the kilowatt-hour sales to customers described in clauses (i) and (ii), to each non-residential retail customer class of the electric utility.(2) On or before October 1, 2000, the electric     utility shall offer delivery services to the eligible governmental customers described in subsections (a) and (b) of Section 16-125A if the aggregate coincident average monthly maximum electrical demand of such customers during the 6 months with the customers' highest monthly maximum electrical demands during the 12 months ending June 30, 2000 equals or exceeds 9.5 megawatts.(2.5) On or before June 1, 2000, an electric utility     serving more than 1,000,000 customers in this State shall offer delivery services to retail customers whose annual electric energy use comprises 33% of the kilowatt hour sales to that group of retail customers that are classified under Division D, Groups 20 through 39 of the Standard Industrial Classifications set forth in the Standard Industrial Classification Manual published by the United States Office of Management and Budget, excluding the kilowatt-hour sales to those customers that are eligible for delivery services pursuant to clause (1)(i), and shall offer delivery services to its remaining retail customers classified under Division D, Groups 20 through 39 on or before October 1, 2000.(3) On or before December 31, 2000, the electric     utility shall offer delivery services to all remaining nonresidential retail customers in its service area.(4) On or before May 1, 2002, the electric utility     shall offer delivery services to all residential retail customers in its service area.The loads and kilowatt-hour sales used for purposes of  this subsection shall be those for the 12 months ending  June 30, 1999 for nonresidential retail customers.  The electric  utility shall identify those customers to be offered delivery  service pursuant to clause (1)(iii) and paragraph (2.5) of subsection (a) of  this Section and Section 16-111(e)(B)(iii) pursuant to a lottery or other  random  nondiscriminatory  selection  process set forth in the electric  utility's delivery services implementation plan pursuant to  Section 16-105, which process may include a registration process giving each  nonresidential  customer the opportunity to register for eligibility for delivery services  under this Section, with a lottery of registered customers to be conducted if  the annual electric energy use of all registered customers exceeds the limit  set forth in clause (1)(iii) or clause (2.5) or Section 16-111(e)(B)(iii), as  applicable; provided that the provision of this amendatory Act  of 1999 as it relates to the registration and lottery process under clause  (1)(iii) is not intended to nor does it make any change in the meaning of this  Section, but is intended to remove possible ambiguities, thereby confirming the  existing meaning of this Section prior to the effective date of this amendatory  Act of 1999.  Provided, that non-residential retail  customers under common ownership at separate locations within  the electric utility's service area may elect, prior to the  date the electric utility conducts the lottery or other random  selection process for purposes of clause (1)(iii), to  designate themselves as a common ownership group, to be  excluded from such lottery and to instead participate in a  separate lottery for such common ownership group pursuant to  which delivery services will be offered to non-residential  retail customers comprising 33% of the total kilowatt-hour sales to the  common ownership group on or before  October 1, 1999.  For purposes of this  subsection (a), an electric utility may define "common  ownership" to exclude sites which are not part of the same  business, provided, that auxiliary establishments as defined  in the Standard Industrial Classification Manual published by  the United States Office of Management and Budget shall not be  excluded.(b) The electric utility shall allow the aggregation of loads that are  eligible for delivery services so long as  such aggregation meets the criteria for delivery of electric  power and energy applicable to the electric utility  established by the regional reliability council to which the  electric utility belongs, by an independent  system operating organization to which the electric utility  belongs, or by another organization responsible for overseeing  the integrity and reliability of the transmission system, as  such criteria are in effect from time to time. The Commission  may adopt rules and regulations governing the criteria for  aggregation of the loads utilizing delivery services, but its  failure to do so shall not preclude any eligible customer from  electing delivery services.  The electric utility shall allow such aggregation  for any  voluntary grouping of customers, including without limitation those having a  common agent with  contractual authority to purchase electric power and energy  and delivery services on behalf of all customers in the  grouping.(c) An electric utility shall allow a retail customer  that generates power for its own use to include the electrical  demand obtained from the customer's cogeneration or self-generation facilities  that is coincident with the retail  customer's maximum monthly electrical demand on the electric  utility's system in any determination of the customer's  maximum monthly electrical demand for purposes of determining  when such retail customer shall be offered delivery services pursuant to clause  (i) of subparagraph (1) of subsection (a) of this Section.(d) The Commission shall establish charges, terms and  conditions for delivery services in accordance with Section  16-108.(e) Subject to the terms and conditions which the  electric utility is entitled to impose in accordance with  Section 16-108, a retail customer that is eligible to elect  delivery services pursuant to subsection (a) may place all or  a portion of its electric power and energy requirements on  delivery services.(f) An electric utility may require a retail customer  who elects to (i) use an alternative retail electric supplier  or another electric utility for some but not all of its  electric power or energy requirements, and (ii) use the  electric utility for any portion of its remaining electric  power and energy requirements,  to place the portion of the  customer's electric power or energy requirement that is to be  served by the electric utility on a tariff containing charges  that are set to recover the lowest reasonably available cost  to the electric utility of acquiring electric power and energy  on the wholesale electric market to serve such remaining  portion of the customer's electric power and energy  requirement, reasonable compensation for arranging for and  providing such electric power or energy, and the electric  utility's other costs of providing service to such remaining  electric power and energy requirement.    (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.)