220 ILCS 5/16-119A
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. 16-119A. Functional separation.(a) Within 90 days after the effective date of this amendatory Act of 1997,  the Commission shall open a rulemaking proceeding to  establish standards of conduct for every electric utility  described in subsection (b).  To create efficient competition  between suppliers of generating services and sellers of such  services at retail and wholesale, the rules shall allow all  customers of a public utility that distributes electric power  and energy to purchase electric power and energy from the  supplier of their choice in accordance with the provisions of  Section 16-104.  In addition, the rules shall address relations  between providers of any 2 services described in subsection (b)  to prevent undue discrimination and promote efficient  competition. Provided, however, that a proposed rule shall not be  published prior to May 15, 1999.(b) The Commission shall also have the authority to investigate  the need for, and adopt rules requiring, functional separation  between the generation services and the delivery services of  those electric utilities whose principal service area is in  Illinois as necessary to meet the objective of creating efficient  competition between suppliers of generating services and sellers  of such services at retail and wholesale. After January 1, 2003,  the Commission shall also have the authority to investigate the  need for, and adopt rules requiring, functional separation  between an electric utility's competitive and non-competitive  services.(b-5) If there is a change in ownership of a majority of the voting  capital  stock of  an electric utility or the ownership or control of any entity that owns or  controls a  majority of the voting capital stock of an electric utility, the electric  utility shall have the  right to file with the Commission a new plan.  The newly filed plan shall  supersede any plan previously  approved  by the Commission pursuant to this Section for that electric utility, subject  to Commission approval. This  subsection only  applies to the extent that the Commission rules for the functional separation  of delivery  services and generation services provide an electric utility with the ability  to select from 2  or more options to comply with this Section. The electric utility may file its  revised plan  with the Commission up to one calendar year after the conclusion of the sale,  purchase,  or any other transfer of ownership described in this subsection. In all other  respects, an electric utility must comply with the Commission rules in effect  under this Section. The Commission  may  promulgate rules to implement this subsection. This subsection shall have no  legal effect after January 1, 2005.(c) In establishing or considering the need for rules under  subsections (a) and (b), the Commission shall take into account  the effects on the cost and reliability of service and the  obligation of the utility to provide bundled service under this  Act.  The Commission shall adopt rules that are a cost effective  means to ensure compliance with this Section.(d) Nothing in this Section shall be construed as imposing any  requirements or obligations that are in conflict with federal  law.(e)    Notwithstanding anything to the contrary, an electric utility may market and promote the services, rates and programs authorized by Sections 16-107, and 16-108.6 of this Act.(Source: P.A. 99-906, eff. 6-1-17.)