reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 453 - INTERNET ENROLLMENT RULES › Section 453.40 - Additional Requirements for an Electronic Letter of Agency (LOA)

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to the
			 requirements set forth in Section 2EE of the Illinois Consumer Fraud and Deceptive
			 Business Practices Act [
			 815 ILCS
			 505/2EE ], by virtue of being in electronic form, an
			 electronic LOA shall provide the following additional information:
1) The means by which any future correspondence
			 between the customer and RES will be sent;
2) Whether the customer has the option to receive
			 correspondence by United States Mail or electronic means; and
3) A disclosure stating that the customer may opt
			 to receive a written copy of the contract.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"ABC" means agents, brokers, and consultants engaged in the
				procurement or sale of retail electricity supply for third parties and has the same
				meaning as defined in Section 16-115C(b) of the Public Utilities Act [220
				ILCS 5/16-115C(b) ].
"Act" means the Public Utilities Act [220 ILCS 5 ].
"Aggregate billing demand" means the total of the highest monthly
				billed demand of each of the retail customer's affiliated electric accounts during
				the past calendar year.
"Alternative retail electric supplier" or "ARES" has the same
				meaning as in Section 16-102 of the Act [220 ILCS
				5/16-102 ].
"Applicant" means a person or entity that seeks a license from the
				Illinois Commerce Commission pursuant to the Section 16-115C of the Act.
"Attempts to procure" means a third-party individual or entity that
				takes a substantial step to Procure electric power and energy, such as but not
				limited to preparing solicitations, notifying potential bidders of the solicitation,
				or determining the results of a solicitation; except, it shall not include an
				individual or entity providing professional services incidental to the procurement
				of retail service, such as but not limited to legal, accounting or engineering
				services.
"Attempts to sell" means a third-party individual or entity that
				takes a substantial step to sell electric power and energy to end user customers,
				such as but not limited to soliciting customers, making offers or preparing
				contracts; except, it shall not include an individual or entity providing
				professional services incidental to the sale of retail service, such as but not
				limited to legal, accounting or engineering services.
"Commission" means the Illinois Commerce Commission.
"Licensee" means an applicant that has applied for and received a
				license under this Part.
"License bond" or "permit bond" means an obligation of a surety to
				pay the monies that the licensee owes the State of Illinois for violations of the
				duties and obligations imposed on it as an ABC.
"Procure" means purchasing or entering into a contract to purchase
				the services of a RES on behalf of a retail electric customer.
"Qualifying surety" means a surety or insurer that is authorized by
				the U.S. Department of the Treasury pursuant to
				31 USC
				9305. A qualifying surety or insurer may not
				underwrite more than the amount specified by the U.S. Department of Treasury on a
				single bond. (Department of the Treasury's Listing of Approved Sureties (Department
				Circular 570;
http://www.fms.treas.gov/c570/c570.html)
)
"Retail customer", as used in this Part, has the same definition as
				in Section 16-102 of the Act.
"Retail Electric Supplier" or "RES" means an ARES or an electric
				utility providing electric power and energy to retail customers outside the
				utility's service area pursuant to Section 16-116 of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.30 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The requirements of
			 this Section shall apply to each ABC that:
1)
			 sells or attempts to sell electric power and energy on behalf of a RES;
			 and/or
2) procures or attempts to
			 procure electric power and energy on behalf of a retail customer.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.40 - Required Application Filings and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall issue an order granting or
			 denying an application filed under this Section within 90 days (or 180 days if
			 extended by the assigned Administrative Law Judge) after the date on which a
			 complete application has been filed. The assigned Administrative Law Judge may
			 extend the time for considering an application filed under this Section by up to 90
			 days and can schedule a hearing on the application if:
1) A party to the application proceeding has
			 formally requested that the commission hold hearings in a pleading that contains a
			 verified prima facie showing that one or more of the allegations or certifications
			 in the application is false or misleading; or
2) Other facts or circumstances exist that will
			 necessitate additional time or evidence in order to determine whether a license
			 should be issued.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.60 - Managerial Licensing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 applicant shall be deemed to possess sufficient managerial capabilities to provide
			 agency, brokering or consulting services if the applicant can demonstrate that it
			 has had at least one year of management experience with a business
			 enterprise.
b) The applicant shall
			 include in its application an exhibit containing occupational background information
			 on the persons who are being used to satisfy the requirements of this
			 Section.
c) The applicant shall include
			 in its application an exhibit containing a corporate organizational chart and
			 indicating the position of persons indicated in subsection (a) of this
			 Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.70 - Technical Licensing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 applicant shall be deemed to possess sufficient technical capabilities to provide
			 agency, brokering or consulting services if the applicant can demonstrate that it
			 has had experience in the electric industry of at least one year.
b) The applicant shall include in its application
			 an exhibit containing occupational background information on the persons who are
			 being used to satisfy the requirements of this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.80 - Financial Licensing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant shall execute and maintain a license or permit bond issued by a qualifying
			 surety or insurance company authorized to transact business in the State of Illinois
			 in favor of the People of the State of Illinois. The amount of the bond shall equal
			 $5,000. The bond shall be conditioned upon the full and faithful performance of all
			 duties and obligations of the applicant as an ABC and shall be valid for a period of
			 not less than one year. The cost of the bond shall be paid by the applicant. The
			 applicant shall file this bond as part of its application for
			 certification.
b) In the event that a
			 license or permit bond is cancelled, expires or is drawn upon, the ABC shall execute
			 and maintain an additional or replacement bond such that the cumulative value of all
			 outstanding bonds never falls below the amount required in subsection (a) of this
			 Section. The ABC shall file a copy of the additional or replacement bond with the
			 Chief Clerk of the Commission and provide a copy to the Manager of the Financial
			 Analysis Division or his or her successor at least 15 days in advance of the
			 effective date of the bond. The filing shall include a cover letter that explains
			 the purpose of the filing and shall be identified by the name of the ABC as it
			 appears in the most recent Commission order granting the ABC
			 certification.
c) In the event that a
			 license or permit bond is modified, the ABC shall file a copy of the modified bond
			 with the Chief Clerk of the Commission and provide a copy of that bond to the
			 Manager of the Financial Analysis Division or his or her successor at least 15 days
			 in advance of the effective date of the modification. The filing shall include a
			 cover letter that explains the purpose of the filing and shall be identified by the
			 name of the ABC as it appears in the most recent Commission order granting the ABC
			 certification.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.90 - Code of Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
Any person or entity required to be licensed pursuant to this Part
				shall:
a) Disclose in plain language in
			 writing the nature of the services offered by the ABC;
b) Prior to the customer signing a contract,
			 disclose that they are not employed by the electric utility operating in the
			 applicable service territory;
c)
			 Disclose in plain language in writing to all persons it solicits:
1) before July 1, 2011, the total anticipated
			 remuneration to be paid to it by any third party over the period of the proposed
			 underlying customer contract and
2) on
			 or after July 1, 2011, the total price per kilowatt-hour, and the total anticipated
			 cost, inclusive of all fees or commissions received by the licensee, to be paid by
			 the customer over the period of the proposed underlying customer contract. In the
			 event a person or entity required to be licensed pursuant to this Part uses an
			 electric supply usage estimate for a particular customer, the person or entity
			 required to be licensed pursuant to this Part must use the same electric supply
			 usage estimate for all service offers it presents to that particular
			 customer;
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.100 - Customer Records and Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 licensee shall ensure that authorizations received from customers, and all other
			 applicable records, are retained for a period of not less than three calendar years
			 after the calendar year in which they were created.
b) The licensee shall preserve the confidentiality
			 of its customers' data.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.110 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) By March 31
			 of each year, each licensee shall submit a report identified with the name of the
			 ABC as it appears in the most recent Commission order granting the ABC a license and
			 shall be titled "ABC Annual (year) Recertification Report under 83 Ill. Adm. Code
			 454". All reports required under this Section shall be under oath and shall be filed
			 with the Chief Clerk of the Commission with copies to the Director of the
			 Commission's Energy Division, the Director of the Financial Analysis Division, and
			 the Director of the Consumer Services Division.
b) The annual report required by subsection (a) of
			 this Section shall list each RES the licensee had any contractual relationship with
			 during the prior calendar year, and shall contain the following information:
1) The type of contractual relationship (such as
			 subcontractor, affiliate, commission compensated);
2) The number of non-residential customers to
			 which the licensee sold retail electric supply on behalf of each RES;
3) The number of residential customers to whom the
			 licensee sold retail electric supply on behalf of each RES;
4) The number of non-residential customers for
			 which the licensee procured retail electric service on behalf of the customer;
			 and
5) The number of residential
			 customers on whose behalf the licensee procured retail electric service.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.120 - Erroneous or Defective Reports

Current through Register Vol. 48, No. 28, July 12, 2024
When any report is erroneous or defective or appears to the
				Commission to be erroneous or defective, the Commission shall notify the ABC to
				amend the report within 30 days and correct deficiencies or
				errors.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.130 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints shall be filed in conformance with 83 Ill. Adm. Code
				200.160,
				200.170 and
				280.170.
				The complaint shall comply with the Commission's Rules of Practice (83 Ill. Adm.
				Code 200).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 454 - LICENSURE OF RETAIL ELECTRIC AGENTS, BROKERS AND CONSULTANTS › Section 454.140 - Commission Oversight

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon complaint or
			 on the Commission's own motion, the Commission may conduct an investigation of a
			 licensee's actions under any Section of this Part. The Commission's findings of a
			 violation of this Section after notice and hearing shall result in a progressive
			 disciplinary scale as specified in Section 16-115C(g) of the Act.
b) For a first violation, the Commission may, in
			 its discretion, suspend the license of the licensee so disciplined for a period of
			 no less than one month. In determining whether to suspend the license of the
			 licensee and the length of any suspension to be imposed the Commission shall
			 consider whether the violation was deliberate or inadvertent, the harm or potential
			 for harm to customers, and the effect or potential effect on competition. For a
			 second violation within a 5-year period, the Commission shall suspend the license of
			 the disciplined licensee for a period of not less than 6 months. For a third or
			 subsequent violation within a 5-year period, the Commission shall suspend the
			 license of the disciplined licensee for a period of not less than 2 years.
			 [220
			 ILCS 5/16-115C(g) ]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart A - GENERAL PROVISIONS › Section 455.20 - Record Retention, Additional Documentation, and Confidential Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to any
				other requirements of this Part or of any other applicable law, a RES shall maintain
				original records of all contracts and bills associated with Illinois retail
				customers who received electricity for at least 36 months beyond the end of the
				compliance period during which the electricity was supplied. All these records and
				any other documentation or information regarding the compliance by a RES with the
				renewable portfolio standard and clean coal standard shall be made available to the
				Commission or its Staff upon written request. The requirement to maintain original
				records pursuant to this Section may be satisfied by the retention of electronic
				rather than paper records, provided these are electronic business records that would
				otherwise be admissible under Illinois law.
b) If information contained in any report filed
				pursuant to this Part or provided to the Commission or Staff upon written request
				contains or reflects commercially or financially sensitive information or trade
				secrets, the RES may file that information with the Commission on a confidential
				basis. To be filed confidentially, the information shall be accompanied by an
				affidavit that sets forth both the reasons for the confidentiality and a public
				synopsis of the information as required by Section 16-115D(e) of the Act. If a
				report contains information filed on a confidential basis, the RES shall file both a
				"confidential" and a "public" version of the report and attached documentation, with
				all confidential information marked "Confidential". Commission Staff is authorized
				to publicly disclose documentation and information provided pursuant to this Part
				without a confidential designation pursuant to Section 5-108 of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart A - GENERAL PROVISIONS › Section 455.30 - Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) A RES may request a
				waiver of any of the provisions of this Part. A request for a waiver shall be made
				by petition. The petition shall be verified by a person or persons having knowledge
				of the facts and shall set forth a full statement of the reasons for the requested
				waiver. A waiver shall not be granted if the provision from which a waiver is sought
				is statutorily mandated, or if the request for a waiver is otherwise contrary to
				law.
b) The burden of proof in any
				request for a waiver shall be upon the RES requesting the waiver. A request for
				waiver shall be granted upon good cause being shown by the RES. While other factors
				may be considered, and shall be mentioned if considered, the following factors shall
				be considered in determining whether good cause exists for the requested waiver:
1) Whether the rule from which the waiver is
				granted would, as applied to the particular case, be unreasonable or unnecessarily
				burdensome.
2) Whether the granting of a
				waiver would provide a competitive advantage to the requesting party.
3) If the waiver relates to an information filing
				requirement, whether other information the RES would provide if the waiver is
				granted permits an assessment of compliance with applicable requirements in a
				complete and timely manner.
4) The
				expense to the RES in providing the information or otherwise complying with the
				provision that is the subject of the waiver request.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.100 - Applicability of Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies to RES and electric utilities, as applicable.
				  This Subpart does not apply to electric cooperatives or municipal systems making an
				  election under Section 17-300 of the Act to become an ARES or, except as provided in
				  Section
				  455.140,
				  to an ARES that is exempt from the requirements of Section 16-115D of the
				  Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.120 - Annual Report of Compliance with Renewable Energy Portfolio Standard

Current through Register Vol. 48, No. 28, July 12, 2024
By September 1, 2010, and by September 1 of each succeeding year
				  through September 1, 2019, each RES shall file with the Chief Clerk of the
				  Commission a compliance report for the compliance year ending May 31 of that year,
				  showing compliance with the renewable portfolio standard of Section 16-115D of the
				  Act for the applicable compliance period. The report shall be titled "Annual Report
				  of Compliance with Renewable Portfolio Standard". By October 1 of each year through
				  October 1, 2019, an RES may file with the Chief Clerk of the Commission an updated
				  compliance report based on finalized settlements with MISO.
a) At a minimum, the compliance report shall
				provide, contain or show, for the applicable compliance year, and for each utility
				service area within which the RES serves Illinois retail customers, the following:
1) The total quantity of metered electricity
				supplied to Illinois retail customers by the RES. The report shall show this
				information, in megawatt-hours, by service area for each electric utility that is
				subject to Section 1-75(c) of the IPA Act;
2) The quantity of metered electricity supplied to
				Illinois retail customers by the RES, pursuant to contracts executed or extended
				after March 15, 2009. The report shall show this information, by utility service
				territory, in megawatt-hours;
3) The
				quantity of RECs (in megawatt-hours), whether directly purchased or arising from
				generating electricity or purchasing electricity generated from renewable energy
				resources, that were retired for purposes of meeting the requirements of the
				renewable portfolio standard for the compliance period in each utility service area.
				The report shall also show the quantity and percentage of these RECs that were
				derived from each renewable energy source type. All REC quantities reported shall be
				categorized by regional REC tracking system: PJM-GATS and M-RETS; and
4) The alternative compliance payments that were
				made for purposes of meeting the requirements of the renewable portfolio standard
				for the compliance period by utility service area.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.125 - Annual Report of Compliance with the Retail Charge Provisions of the Renewable Energy Portfolio Standard

Current through Register Vol. 48, No. 28, July 12, 2024
By September 1, 2020, and by September 1 of each succeeding year,
				  each RES shall file with the Chief Clerk of the Commission a compliance report for
				  the compliance year ending May 31 of that year, certifying that the RES did not
				  recover from its retail customers through its rates or charges the costs for any
				  renewable energy resources procured or otherwise acquired by any entity in
				  compliance with the requirements of the Act or the IPA Act, with the exception, if
				  applicable, of renewable energy resources that meet the requirements of Section
				  1-75(c)(3)(H) of the IPA Act. To the extent the RES receives a credit from a utility
				  (see Section 455.160(c) ), the RES shall certify that the credit from the utility
				  was appropriately credited to the RES' customers. The report shall be titled "Annual
				  Section 16-115D(i) Compliance Report". All reports filed or provided under this
				  Section shall be verified by an executive officer of the RES having knowledge of the
				  facts before either a notary public or other officer authorized to administer
				  oaths.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.130 - Alternative Compliance Payment Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Alternative compliance payments may, subject to
				the requirements and limitations in Section
				455.110,
				be used to meet RES renewable portfolio standard requirements.
b) The dollar amount of alternative compliance
				payments shall be calculated using the applicable alternative compliance payment
				rates approved by the Commission.
c)
				Alternative compliance payments shall be made by September 1, 2010 for the
				compliance period of June 1, 2009 to May 31, 2010, and by September 1 of each
				succeeding year for each subsequent compliance period.
d) Submission of Compliance Payments
1) Alternative compliance payments for the
				compliance periods ending on or before May 31, 2016 shall be made by check, payable
				to "Illinois Commerce Commission", and shall be delivered to the following address:
Illinois Commerce Commission
Administrative Services Division
Attn: Manager of the Revenues Section
Re: Illinois Power Agency Renewable Energy Resources Fund
527 East Capitol Avenue
Springfield IL 62701
2) Alternative compliance payments shall be deemed
				made only when actually received at the office of the Commission at the specified
				address. Payment by a check that does not clear after being deposited by the
				Commission shall be deemed to not have been made.
3) Alternative compliance payments for the
				compliance periods ending on or after May 31, 2017, shall be submitted to each
				electric utility within whose service area the RES has provided energy to retail
				customers in a manner specified in electric utility tariffs in effect when the
				payment is made. If an electric utility does not have a tariff governing the
				alternative compliance payments in effect at the time alternative compliance
				payments for the compliance period are due, the RES is still obligated to make
				payment for the compliance period but the RES shall hold the payment until such time
				as the electric utility's tariff goes into effect. Alternative compliance payments
				shall be deemed made only when actually received by the electric utility. Payment by
				a check that does not clear after being deposited by the electric utility shall be
				deemed not to have been made.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.150 - Other Commission Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				After receipt of an annual report required by Section
				455.120
				or the due date for these reports, whichever occurs first, the Commission may
				initiate, on its own motion or, in its discretion, upon the petition of an
				interested party, and for each RES, a docketed proceeding to investigate whether the
				RES or utility has complied with the requirements of Section 16-115D of the Act and
				this Subpart, to determine the amount by which alternative compliance payments have
				been insufficient or in excess of requirements, and, if applicable, to determine if
				the demonstrations described in Section
				455.140(d)(3)
				have been made. Pursuant to Section 16-115D(f) of the Act, the RES shall have the
				burden of proof in this proceeding.
b)
				An RES may petition the Commission for permission to apply to the Illinois Power
				Agency for a refund of compliance payments for a compliance period ending on or
				before May 31, 2016, recognized by the Commission to be in excess of requirements.
				The Commission will coordinate with the Illinois Power Agency in developing a
				process and procedure to implement this subsection (b).
c) An RES may petition the Commission for
				permission to apply to an electric utility for a refund of compliance payments for a
				compliance period ending on May 31, 2017, May 31, 2018, or May 31, 2019 recognized
				by the Commission to be in excess of requirements. The RES shall serve notice of the
				petition upon the electric utility. After notice and hearing, the Commission shall
				issue an order granting or denying the petition, and the order shall be served on
				the RES and electric utility. No later than 60 days after the date on which the
				Commission issues an order granting the RES' petition for a refund, the electric
				utility shall issue a refund or provide a credit to the RES. The electric utility
				shall deduct the amount of the refund or credit from the compliance payments
				remitted to the electric utility pursuant to Section
				455.130.
				Electric utilities may file tariff sheets to further define the process of RES
				applying for and receiving the refunds.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart B - RENEWABLE PORTFOLIO STANDARD REQUIREMENTS › Section 455.160 - ARES Self-Generation Compliance Option

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an ARES
				meets the requirements of Section 1-75(c)(1)(H) of the IPA Act and intends to supply
				its retail customers with renewable energy credits from a facility or facilities
				meeting the requirements of that Section of the Act, the ARES must submit an
				information filing with the Chief Clerk of the Commission titled "Code Part 455.160
				Renewable Energy Facility Self-Generation Certification" by July 17, 2017 that
				shall, at a minimum, for each such facility:
1)
				identify the electric generating facility generating renewable energy
				resources;
2) include a certification
				that, as of December 31, 2015, the ARES or its predecessor, which must have been an
				ARES on December 31, 2015, owned the generating facility;
3) include a certification that the facility
				generates renewable energy resources; and
4) include a certification that the generating
				facility is not powered by wind or photovoltaics.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart C - COMPLIANCE WITH CLEAN COAL STANDARD REQUIREMENTS › Section 455.200 - Applicability of Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart does not apply to electric cooperatives or municipal
				  systems making an election under Section 17-300 of the Act to become an
				  ARES.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 455 - RENEWABLE PORTFOLIO STANDARD AND CLEAN COAL STANDARD FOR ALTERNATIVE RETAIL ELECTRIC SUPPLIERS AND UTILITIES OPERATING OUTSIDE THEIR SERVICE AREAS › Subpart C - COMPLIANCE WITH CLEAN COAL STANDARD REQUIREMENTS › Section 455.210 - Reporting of Compliance with Clean Coal Standard

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 90 days after approval by the Illinois
				General Assembly of the initial clean coal facility, each RES shall enter into a
				sourcing agreement with the initial clean coal facility consistent with the
				provisions of Section 16-115(d)(5) of the Act. Within 30 days after entering into
				this sourcing agreement, each RES shall file with the Chief Clerk of the Commission
				a report confirming that it has entered into the sourcing agreement and attaching a
				signed copy of the sourcing agreement.
b) By the earliest September 1 following
				commercial operation of the initial clean coal facility, and by September 1 of each
				succeeding year, each RES that is required under the Act or the IPA Act to enter
				into a sourcing agreement with the initial clean coal facility shall file with the
				Chief Clerk of the Commission a report showing the amount of energy purchased (or
				financially settled, if the sourcing agreement is executed as a contract for
				differences) from the initial clean coal facility by the RES, by month, during the
				most recent compliance year. The report shall also show how these amounts were
				consistent with the requirements of Section 16-115(d)(5) of the Act. Each report
				shall be accompanied by documentation from the initial clean coal facility verifying
				the amount of energy purchased.
c) To
				enable the Commission to monitor progress toward the State's goal that, by January
				1, 2025, 25% of the electricity used in the State shall be generated by
				cost-effective clean coal facilities, beginning no later than September 1, 2010, and
				by September 1 of each subsequent year, each RES purchasing energy from clean coal
				facilities other than the initial clean coal facility during the compliance year
				shall file with the Chief Clerk of the Commission a report showing the amount of
				energy purchased by the RES from clean coal facilities other than the initial clean
				coal facility, by month, during the most recent compliance year. Each report shall
				be accompanied by documentation from the clean coal facility verifying the amount of
				energy purchased. If the RES did not purchase any energy from clean coal facilities
				other than the initial clean coal facility during the compliance year, a report need
				not be filed with the Chief Clerk for that compliance year.
d) All reports filed or provided under this
				Section shall be verified by an executive officer of the RES having knowledge of the
				facts before either a notary public or other officer authorized to administer
				oaths.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.20 - Application

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth minimum requirements and shall apply to any
				  applicant and MSP in this State. This Part shall not apply to an electric
				  cooperative's operations or to a municipal system's operations within its service
				  territory, nor shall it apply to any electric utility's operation within the
				  utility's service territory. However, this Part shall apply to an electric
				  cooperative's operations, municipal system's operations and an electric utility's
				  operations when it is providing metering services outside of its service
				  territory.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.30 - Requirements for Applicants

Current through Register Vol. 48, No. 28, July 12, 2024
Each applicant shall include with its application the following
				  items:
a) The applicant shall certify that
				it will comply with all applicable Federal, State, regional and industry rules,
				policies, practices, procedures and tariffs for the use, operation, maintenance,
				safety, integrity, and reliability of the electric system. The applicant shall
				certify compliance with all other applicable laws and regulations and Commission
				rules and orders.
b) The applicant shall
				certify that the only retail customers to which it will directly provide metering
				service are those that are taking delivery services.
c) The applicant shall certify that it will comply
				with informational and reporting requirements that the Commission may by rule
				establish.
d) The applicant shall
				provide the following:
1) Applicant's name and
				street address.
2) Applicant's Federal
				Employer Identification Number (FEIN).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.40 - Required Filings and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The applicant
				shall publish notice of its application for certification in the Official State
				Newspaper within 10 days following the filing of the application for certification.
				The applicant shall file proof of publication with the Chief Clerk of the
				Commission. No later than 45 days after the application is properly filed with the
				Commission, and such notice is established, the Commission shall issue its order
				granting or denying the application.
b)
				All applications for certification under this Part shall be verified as required by
				Section
				200.130 of the
				Commission's Rules of Practice (83 Ill. Adm. Code 200.130).
c) The applicant shall identify the geographic
				area or geographic areas in which the applicant seeks authority to offer service.
				The applicant shall provide the following:
1)
				Description of the applicant's business;
2) Description of the characteristics of customer
				groups the applicant proposes to serve; and
3) Proof that notification of an intent to serve
				in any electric utility's service area has been previously provided to the agent,
				designated by the electric utility pursuant to 83 Ill. Adm. Code
				215.10, of each electric utility
				in whose service area the applicant intends to serve.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.50 - Customer Records and Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The applicant
				shall agree to adopt and follow rules and procedures ensuring that authorizations
				received from customers, customer billing records, and requests for metering service
				transmitted to utilities are retained for a period of not less than two calendar
				years after the calendar year in which they were created. In addition to other
				lawful means of discovery, these records shall be made available by request to the
				Commission or its Staff on a confidential and proprietary basis, as necessary to
				carry out the Commission's obligations under the Act.
b) The applicant shall preserve the
				confidentiality of its customer's data, and shall agree to adopt and follow rules
				and procedures to preserve the confidentiality of its customer's data.
c) In the event that an MSP renders a bill to a
				retail customer for providing meter services, the bill shall indicate the period of
				time for which the bill is rendered, a description of the service rendered, the due
				date of the bill and a toll-free telephone number to contact for further
				information.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.60 - License or Permit Bond Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicant shall execute and maintain a license or permit bond issued by a surety or
				insurance company authorized to transact business in the State of Illinois in favor
				of the People of the State of Illinois. The surety or insurance company issuing the
				bond shall, at a minimum, be a qualifying surety or insurer. The amount of the bond
				shall equal $150,000. The bond shall be conditioned upon the full and faithful
				performance of all duties and obligations of the applicant as an MSP and shall be
				valid for a period of not less than one year. The cost of the bond shall be paid by
				the applicant. The applicant shall file this bond as part of its application for
				certification.
b) In the event that a
				license or permit bond is cancelled, expires or is drawn upon, the MSP shall execute
				and maintain an additional or replacement bond such that the cumulative value of all
				outstanding bonds never falls below the amount required in subsection (a) of this
				Section. The MSP shall file a copy of the additional or replacement bond with the
				Chief Clerk of the Commission and provide a copy to the Manager of the Commission's
				Financial Analysis Division or its successor at least 15 days in advance of the
				effective date of the bond. The filing shall include a cover letter that explains
				the purpose of the filing and shall be identified by the name of the MSP as it
				appears in the most recent Commission order granting the MSP
				certification.
c) In the event that a
				license or permit bond is modified, the MSP shall file a copy of the modified bond
				with the Chief Clerk of the Commission and provide a copy of that bond to the
				Manager of the Financial Analysis Division or its successor at least 15 days in
				advance of the effective date of the modification. The filing shall include a cover
				letter that explains the purpose of the filing and shall be identified by the name
				of the MSP as it appears in the most recent Commission order granting the MSP
				certification.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.70 - Confidential Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
If an applicant or MSP believes any of the information to be
				  disclosed by that applicant or MSP is privileged or confidential, the applicant or
				  MSP shall request that the Commission enter an order to protect the confidential,
				  proprietary or trade secret nature of any data, information or studies pursuant to
				  83 Ill. Adm. Code
				  200.430. The applicant or
				  MSP shall designate which information is privileged and confidential. Such
				  information shall be marked as "confidential" and submitted separately under seal to
				  the Chief Clerk of the Commission. The applicant or MSP is required to explain why
				  that information is entitled to such protection in a supporting document pursuant to
				  Section
				  460.40(d)(1).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart A - GENERAL PROVISIONS › Section 460.80 - Penalties for Violations or Non-conformances

Current through Register Vol. 48, No. 28, July 12, 2024
In the event that, after notice and hearing held on complaint or
				  on the Commission's own motion, the Commission finds that an MSP is in violation of
				  or non-conformance with one or more of the provisions of this Part, the Commission
				  shall:
a) Order the MSP to cease and
				desist, or correct, any such violation of or non-conformance with the provisions of
				this Part;
b) Order the MSP to pay
				financial penalties not to exceed $10,000 per occurrence or $30,000 per day for
				those violations or non-conformances that continue after the Commission issues a
				cease-and-desist order; and
c) Alter,
				modify, revoke or suspend the certificate of service authority of an MSP for
				substantial or repeated violations of or non-conformances with the provisions of
				this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart B - REQUIREMENTS FOR CERTIFICATION › Section 460.100 - Financial Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant that meets and maintains all of the financial
				  requirements described in this Section will be deemed to have sufficient financial
				  resources to provide metering services to electric customers taking service under a
				  utility's delivery services tariffs in the State of Illinois.
a) Creditworthiness
1) The applicant provides a copy of a Dun &
				Bradstreet Business Information Report that demonstrates, at a minimum, that the
				applicant has a Composite Credit Appraisal of "3" or lower and a PAYDEX score of
				"70" or higher. At the time of application for certification, the report shall be no
				more than 30 days old.
2) If the
				applicant does not have a Dun & Bradstreet Composite Credit Appraisal, the
				applicant provides a copy of an Experian Small Business Intelliscore report that
				demonstrates, at a minimum, that the applicant has an Intelliscore of "63" or
				higher. At the time of application for certification, the report shall be no more
				than 30 days old.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart B - REQUIREMENTS FOR CERTIFICATION › Section 460.110 - Technical Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				applicant shall be deemed to possess sufficient technical capabilities to serve
				retail customers if it maintains a technical staff on duty or on call 24 hours each
				day to operate and maintain the applicant's facilities as needed. This technical
				staff shall include a person with previous experience of at least two years
				demonstrated electric metering experience and a person with at least two years
				operational experience. The persons used to meet the operational experience
				requirements shall have at least one year of information management experience and
				one year of technical supervisory experience. The applicant shall include in its
				application an exhibit containing occupational background information on the persons
				or agents who are being used to meet the requirements of this Section.
b) Any person performing actual meter work in the
				field shall have the appropriate qualifications for the class of metering
				installation being worked on as set forth in Subpart E.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart B - REQUIREMENTS FOR CERTIFICATION › Section 460.120 - Managerial Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant shall be deemed to possess sufficient managerial
				  capabilities to serve retail customers if it has one or more management persons with
				  four or more years of experience in a management position with a business
				  enterprise.
a) The applicant shall include
				in its application an exhibit containing occupational background information on the
				persons or agents who are being used to meet the requirements of this
				Section.
b) The applicant shall include
				in its application an exhibit containing a corporate organizational chart and
				indicate the position of the persons or agents who are being used to meet the
				requirements of this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS › Subpart B - REQUIREMENTS FOR CERTIFICATION › Section 460.130 - Qualifications of Agents and Contractors

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may meet the requirements of Sections
				  460.110 and
				  460.120 by entering into one
				  or more contracts with others to provide the required services, provided
				  that:
a) Each agent and contractor on whom
				the applicant relies to meet Section
				460.110 or Section
				460.120 is disclosed in the
				application;
b) The applicant shall
				certify that each agent or contractor will comply with all Sections of this Part
				applicable to the function or functions to be performed by the respective agent or
				contractor; and
c) The applicant shall
				certify that it retains responsibility for the compliance of each agent or
				contractor with all Sections of this Part applicable to the function or functions to
				be performed by the respective agent or contractor.