reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.20 - Non-Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Gas utilities shall
			 not provide affiliated interests or customers of affiliated interests preferential
			 treatment or advantages relative to unaffiliated entities or their customers in
			 connection with services provided under tariffs on file with the Illinois Commerce
			 Commission (Commission), including contracts filed under tariffs filed pursuant to
			 Section 9-102.1 of the Act [220 ILCS 5/9-102.1]. This provision
			 applies broadly to all aspects of service, including, but not limited to,
			 responsiveness to requests for service, the availability of firm versus
			 interruptible services, the imposition of special metering requirements, and all
			 terms and conditions and charges specified in the tariff.
b) Except for corporate support transactions,
			 transactions between a gas utility and one or more of its affiliated interests in
			 competition with ARGS that are not governed by tariff sheets on file with the
			 Commission shall not discriminate in relation to unafilliated ARGS.
c) Gas utilities and affiliated interests shall
			 not notify potential or actual customers, either directly or indirectly, advertise
			 to the public, or otherwise communicate that the gas utility provides any advantages
			 relating to the scheduling, transportation or distribution of gas to affiliated
			 interests or their customers relative to unaffiliated entities and their
			 customers.
d) A utility shall process
			 requests for similar services provided by the utility in the same manner and within
			 the same time period for its affiliated interests or their customers as for
			 unaffiliated entities.
e) If discretion
			 is permitted in application of a tariff provision, gas utilities shall maintain a
			 log detailing each instance in which it exercised discretion, as required in Section
			 550.140(c).
f) If a gas utility offers affiliated interests or
			 customers of affiliated interests a discount, rebate, fee waiver or waivers of its
			 ordinary terms and conditions for services provided under tariffs on file with the
			 Commission, it shall contemporaneously offer the same discount, rebate, fee waiver
			 or waivers of its ordinary terms and conditions to all unaffiliated entities and
			 customers of unaffiliated entities, to the extent consistent with the tariffs. Gas
			 utilities shall maintain a log of these instances, as required in Section
			 550.140(c).
g) When providing services as a component of any
			 bundled service, a gas utility shall not offer affiliated interests or the customers
			 of affiliated interests a discount, rebate, fee waiver or waivers unless the gas
			 utility contemporaneously offers the same discount, rebate, fee waiver or waivers to
			 all unaffiliated entities and customers of unaffiliated entities.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.30 - Marketing and Advertising

Current through Register Vol. 48, No. 28, July 12, 2024
a) A gas utility
			 shall neither jointly advertise nor jointly market its services or products with
			 those of an affiliated interest in competition with ARGS.
b) Nothing in subsection (a) shall be construed as
			 prohibiting an affiliated interest in competition with ARGS from using the corporate
			 name or logo of a gas utility or gas utility holding company.
c) When an affiliated interest in competition with
			 ARGS markets or advertises to the public using the natural gas utility's name or
			 logo, it shall include a legible disclaimer that states:
1) that the affiliated interest in competition
			 with ARGS is not the same company as the gas utility;
2) that the prices of the affiliated natural gas
			 supplier in competition with ARGS are not regulated by the Illinois Commerce
			 Commission;
3) that a customer does not
			 have to buy products or services from the affiliated interest in competition with
			 ARGS in order to receive the same quality service from the gas utility.
When an affiliated interest in competition with ARGS advertises or
				communicates verbally through the radio or television to the public using the gas
				utility's company name or logo, the affiliated interest in competition with ARGS
				shall include at the conclusion of any such communication a legible disclaimer that
				includes all the disclaimers listed in subsections (c)(1), (2) and
				(3).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.40 - Tying

Current through Register Vol. 48, No. 28, July 12, 2024
Gas utilities shall not tie, as defined by State and federal
				anti-trust laws, the provision of any services to the taking of any goods and
				services from the gas utilities' affiliated interests.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.50 - Release, Assignment, Transfer, and Brokering of Interstate Natural Gas Pipeline and Storage Services

Current through Register Vol. 48, No. 28, July 12, 2024
Except to the extent reserved to the sole and exclusive jurisdiction
				of the Federal Energy Regulatory Commission (FERC), gas utilities shall not grant
				preferences regarding the release, assignment, transfer, or brokering of interstate
				natural gas pipeline and storage services to affiliated interests or their
				customers.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.60 - Nondiscriminatory Provision of Information to Unaffiliated Entities

Current through Register Vol. 48, No. 28, July 12, 2024
Employees of the gas utility's affiliated interests in competition
				with ARGS shall not have preferential access to any information about the gas
				utility's distribution systems.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.80 - Exception for Corporate Support Information

Current through Register Vol. 48, No. 28, July 12, 2024
Except as proscribed by Sections
				550.60 and
				550.70,
				gas utilities may share information concerning corporate support with affiliated
				interests without being required to share this information with unaffiliated
				entities.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.85 - Indirect Information Sharing

Current through Register Vol. 48, No. 28, July 12, 2024
A gas utility shall neither directly nor indirectly provide
				preferential access to information to any of the utility's affiliated interests in
				competition with ARGS where the utility's direct sharing of this information with an
				affiliated interest in competition with ARGS would violate any Section of the Public
				Utilities Act or any Section of this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.90 - Confidentiality of ARGS Information

Current through Register Vol. 48, No. 28, July 12, 2024
Gas utilities shall treat all information obtained from an ARGS as
				confidential information, and shall not provide this information to their affiliated
				interests or to unaffiliated entities unless the ARGS provides authorization to do
				so.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.100 - Independent Functioning

Current through Register Vol. 48, No. 28, July 12, 2024
Except in relation to corporate support and emergency support, gas
				utilities and affiliated interests in competition with ARGS that provide services to
				customers within the utility's service territory shall function independently of
				each other and shall not share services or facilities.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.110 - Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except in relation to
			 corporate support and emergency support, gas utilities and their affiliated
			 interests in competition with ARGS shall not jointly employ or otherwise share the
			 same employees.
b) Gas utilities shall
			 not jointly employ or otherwise share employees engaged in providing transportation
			 services with their affiliated interests in competition with ARGS.
c) Subsections (a), (b), and (d) of this Section
			 shall not apply to any employee covered by a collective bargaining agreement subject
			 to federal labor law, including the Labor Management Relations Act and the National
			 Labor Relations Act.
d) Each gas utility
			 that has an affiliated interest in competition with ARGS shall maintain a log
			 detailing the transfer of employees: from the utility to its affiliated interests in
			 competition with ARGS; from the utility to its other affiliated interests; and from
			 the utility's other affiliated interests to its affiliated interests in competition
			 with ARGS. This subsection shall not apply to employee transfers to or from
			 corporations that are affiliated interests of the gas utility solely because they
			 share a common director. The log shall be made available to the Commission upon
			 request.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.120 - Transfer of Goods and Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Transactions between a gas utility and its affiliated interests shall not be allowed
			 to subsidize the affiliated interests.
b) Costs associated with the transfer of goods and
			 services between a gas utility and its affiliated interests shall be priced as
			 specified in, and allocated pursuant to, the Commission approved services and
			 facilities agreement or affiliated interests agreement. Any transfer of goods and
			 services between a gas utility and its affiliated interests that is not explicitly
			 addressed in a Commission approved services and facilities or affiliated interests
			 agreement is prohibited unless the transfer has been otherwise specifically approved
			 by the Commission pursuant to Section 7-101 of the Act or approval has been waived
			 by statute or Commission rule.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.130 - List of Affiliated Interests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 gas utility shall maintain an accurate list of all its affiliated interests. This
			 list shall include the name and address of each affiliated interest and the name and
			 business telephone number of at least one officer of each affiliated interest. The
			 gas utility shall make this list available to the public upon request.
b) The gas utility shall file this list and a list
			 denoting subsequent changes with the Chief Clerk of the Commission on a quarterly
			 basis. The gas utility shall also send copies of the lists to the Manager of the
			 Accounting Department and the Director of the Consumer Services Division of the
			 Commission. The Chief Clerk of the Commission shall make the most recent lists of
			 each gas utility available to the public upon request.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.140 - Maintenance of Books and Records and Commission Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) A gas utility shall maintain books, accounts,
			 and records separate from those of its affiliated interests.
b) Upon the request of the Commission, gas
			 utilities shall make personnel available who are competent to respond to the
			 Commission's inquiries regarding the nature of any transactions that have taken
			 place between the gas utility and its affiliated interests, including but not
			 limited to the goods and services provided, the prices, terms and conditions, and
			 other considerations given for the goods and services provided.
c) Each gas utility shall maintain a log
			 detailing: each instance in which it exercised discretion in the application of
			 tariff provisions; each instance in which it offered affiliated interests or
			 customers of affiliated interests services not governed by tariffs, except for
			 corporate support transactions; and each instance in which it offered affiliated
			 interests or customers of affiliated interests a discount, rebate, fee waiver or
			 waivers of the gas utility's ordinary terms and conditions in connection with
			 services provided under tariffs on file with the Commission. The gas utility shall
			 make this log available to the Commission upon request. The log shall contain the
			 following information:
1) the names of the
			 affiliated interests and unaffiliated entities involved in the
			 transaction;
2) a description of the
			 transaction;
3) the time period over
			 which the transaction applies; and
4)
			 the quantities and locations involved in the transaction.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 550 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR GAS UTILITIES › Section 550.150 - Internal Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Gas utilities shall
			 conduct biennial internal audits or have internal audits conducted by independent
			 public accountants on transactions with affiliated interests. These audits shall
			 test compliance with this Part, with any applicable Commission orders, with the gas
			 utility's affiliated interest operating agreement(s) and/or guidelines, with 83 Ill.
			 Adm. Code 505, and with 83 Ill. Adm. Code 506. The audits shall include written
			 reports of conclusions and associated workpapers that shall be available to the
			 Commission Staff for review. The audit reports shall be submitted to the
			 Commission's Director of Accounting within 30 days after completion. Any audit
			 performed pursuant to this Section may be designated as confidential with the
			 Commission's Director of Accounting.
b)
			 The first internal audit report shall be submitted on or before December 1, 2002.
			 Succeeding audit reports shall be submitted on or before December 1 of each even
			 numbered succeeding year.
c) Subsections
			 (a) and (b) of this Section shall not apply to transactions with corporations that
			 are affiliated interests of the gas utility solely because they share a common
			 director or transactions with individuals that are affiliated interests of the gas
			 utility solely because they are an elective officer or director of the gas
			 utility.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.20 - Requirements for Applicants under Section 19-110(e) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Each applicant for certification as an AGS shall include with its
				application the following items, as required by Section 19-110(e) of the Act
				[220 ILCS
				5/19-110(e) ]:
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 interstate natural gas system and shall agree to
			 submit good faith schedules of natural gas deliveries in accordance with applicable
			 tariffs.
b) The applicant shall certify
			 that it will provide service to residential or small commercial customers that are
			 eligible to take service from an AGS.
c)
			 The applicant shall certify that it will comply with informational and reporting
			 requirements that the Commission may by rule establish. [220 ILCS
			 5/19-110(e) ]
d) The applicant shall certify compliance with all
			 other applicable laws and regulations and Commission rules and orders.
e) The applicant shall demonstrate that it is
			 licensed to do business in the State of Illinois.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.30 - Required Filings and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant shall publish, as provided by the Notice by Publication Act [715 ILCS 5 ],
			 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 Clerk of the Commission.
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 to be authorized to offer
			 service and the types of services it intends to offer. [220 ILCS
			 5/19-110(d) ] The applicant shall provide
			 the following:
1) Description of the applicant's
			 business.
2) Description of the
			 characteristics of residential or small commercial customer groups the applicant
			 proposes to serve.
3) Proof that
			 notification of an intent to serve in any allowed gas utility's service area has
			 been previously provided to the agent designated by the gas utility pursuant to 83
			 Ill. Adm. Code
			 215.10 of each gas utility in
			 whose service area the applicant intends to serve.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.40 - Residential and Small Commercial 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 residential or small
			 commercial customers, customer billing records, and requests for 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 residential and small commercial customers' data and shall
			 agree to adopt and follow rules and procedures to preserve the confidentiality of
			 those customers' data.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.50 - 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
			 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 $150,000. The bond shall be conditioned upon the full and faithful
			 performance of all duties and obligations of the applicant as an AGS 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 AGS 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 AGS shall file a copy of the additional or replacement bond with the
			 Chief Clerk of the Commission and provide a copy to the Commission's Director of the
			 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 AGS as it
			 appears in the most recent Commission order granting the AGS
			 certification.
c) In the event that a
			 license or permit bond is modified, the AGS shall file a copy of the modified bond
			 with the Chief Clerk of the Commission and provide a copy of that bond to the
			 Commission's Director 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 AGS as it appears in the most recent Commission order
			 granting the AGS certification.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.60 - Confidential Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
If an applicant or AGS believes any of the information to be
				disclosed by an applicant or AGS is privileged or confidential, the applicant or AGS
				should 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
				AGS 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 AGS is required to explain why
				that information is entitled to that protection in a supporting document pursuant to
				Section
				551.30(d)(1).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.90 - Technical Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 applicant that uses natural gas transmission or distribution facilities that it
			 owns, controls, or operates in serving customers shall be deemed to possess
			 sufficient technical capabilities to serve residential or small commercial customers
			 if it maintains a technical staff on duty or on call 24 hours each day to operate
			 and maintain applicant's facilities as needed, and meets the criteria in subsections
			 (b) and (c) of this Section.
b) An
			 applicant shall be deemed to possess sufficient technical capabilities to serve
			 residential or small commercial customers if it has individuals on its staff with
			 demonstrated four years natural gas sales experience and two years experience
			 working with rules and practices established by the North American Energy Standards
			 Board or its successor.
c) The applicant
			 shall include in its application an exhibit containing occupational background
			 information on the persons who are being used to meet the requirements of this
			 Section.
d) In the event the applicant
			 does not meet the length of experience qualifications set forth in subsection (b),
			 the applicant shall demonstrate the extent its technical resources and abilities
			 match the services that it intends to provide to its residential or small commercial
			 customers. The Commission may impose such terms and conditions as deemed necessary
			 in order to insure the applicant is technically qualified, commensurate with the
			 anticipated scope of the service to be provided and residential or small commercial
			 customers to be served.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.100 - Managerial Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant shall be deemed to possess sufficient managerial
				capabilities to serve residential or small commercial customers if it has two or
				more individuals in management positions with four or more years demonstrated
				experience in a management position with enterprise financial and administration
				responsibilities including profit and loss responsibilities and four years natural
				gas sales experience, and provides the information required in subsections (a) and
				(b) of this Section.
a) The applicant shall
			 include in its application an exhibit containing occupational background information
			 on the persons 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
			 indicating the position of persons indicated in subsection (a) of this
			 Section.
c) In the event the applicant
			 does not meet the managerial qualifications set forth in this Section, the applicant
			 shall demonstrate the extent its managerial resources and abilities match the
			 services that it intends to provide to its residential or small commercial
			 customers. The Commission may impose such terms and conditions as deemed necessary
			 in order to insure the applicant is managerially qualified, commensurate with the
			 anticipated scope of the service to be provided and residential or small commercial
			 customers to be served.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.110 - Commission Order in Proceedings

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall issue an order granting or denying an
				application within 45 days after the date on which a complete application has been
				filed with the Commission and notice of the application's filing is published in the
				Official State Newspaper as provided by the Notice of Publication Act [715 ILCS 5 ],
				provided that the Commission can extend the time for considering an application
				filed under this Part by up to 90 days, and can schedule a hearing on such an
				application. The Commission shall extend the time for considering an application and
				schedule a hearing if:
a) The applicant has
			 proposed limitations on the number of residential or small commercial customers or
			 the amount of load to be served;
b) 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;
c) Other facts or
			 circumstances exist that will necessitate additional time or evidence in order to
			 determine whether a certificate should be issued; or
d) The applicant has proposed to serve an area
			 smaller than the service area of a gas utility.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.120 - General Procedures for Reporting Continuing Compliance with Certification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An AGS
			 shall continue to remain in compliance with the provisions of the Act and this Part,
			 as now or hereafter amended. If an AGS received a certificate before the effective
			 date of any provision of this Part, that provision applies to applicants seeking
			 certification to serve residential or small commercial customers with the same
			 natural gas demand or usage characteristics as the AGS serves, the AGS shall
			 demonstrate that it has come into compliance with such provision no later than
			 January 31 of the year following the year during which such amendment took
			 effect.
b) All reports required under
			 this Part shall be under oath and shall be filed with the Chief Clerk of the
			 Commission with copies provided to the Commission's Director of the Energy Division
			 or its successor and the Commission's Director of the Financial Analysis Division or
			 its successor. The reports shall be identified with the name of the AGS as it
			 appears in the most recent Commission order granting the AGS
			 certification.
c) All reports made to
			 the Commission by an AGS and the contents thereof shall be open to public
			 inspection, unless otherwise ordered by the Commission. Such reports shall be
			 preserved in the office of the Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.130 - Erroneous or Defective Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) When any
			 report is erroneous or defective or appears to the Commission to be erroneous or
			 defective, the Commission may notify the AGS to amend that report within 30 days,
			 and before or after the termination of the period the Commission may examine the
			 officers, agents, or employees, and books, records, accounts, vouchers, plant,
			 equipment and property of the AGS, and correct items in the report the Commission
			 finds defective or erroneous.
b) Any AGS
			 that fails to make and file any report required by the Commission within the time
			 specified or to specifically answer to any question propounded by the Commission
			 within 30 days after the time it is lawfully required to do so, or within such
			 further time, not to exceed 90 days, as may in its discretion be allowed by the
			 Commission, shall, after notice and hearing, forfeit its certificate.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.150 - Managerial Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
An AGS shall certify during January of each year that it continues
				to maintain the required managerial qualifications for the service authority granted
				in its certificate. An AGS that meets the managerial qualifications requirements by
				entering into one or more contracts with others to provide the required services
				must identify each agent or contractor on whom the AGS relies to meet the
				requirements of this Part and must certify that the 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.160 - Technical Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
An AGS shall certify during January of each year that it continues
				to maintain the required technical qualifications for the service authority granted
				in its certificate. An AGS that meets the technical qualifications requirements by
				entering into one or more contracts with others to provide the required services
				must identify each agent or contractor on whom the AGS relies to meet the
				requirements of this Part and must certify that the 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.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 551 - CERTIFICATION OF ALTERNATIVE GAS SUPPLIERS › Section 551.170 - Information Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
No later than March 1 of every year, each AGS shall file with the
				Chief Clerk of the Commission, and provide to the Commission's Director of the
				Energy Division or its successor, a report stating the total annual dekatherms
				delivered and sold to residential and small commercial customers within each utility
				service territory in the preceding calendar year and the total revenues associated
				with the sale of natural gas to residential and small commercial customers within
				each utility service territory in the preceding calendar year. An AGS shall also
				provide any information and answer any questions upon request of the
				Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.20 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to Section
			 9-220.3 of the Act, a natural gas utility serving more than 700,000 customers may
			 file a tariff for a qualifying infrastructure plant surcharge (QIP surcharge) which
			 adjusts rates and charges to provide for recovery of costs associated with
			 investments in qualifying infrastructure plant, independent of any other matters
			 related to the utility's revenue requirement. [220 ILCS
			 5/9-220.3(a)(1)]
b) The QIP surcharge shall be applied to gas bills
			 of customers of natural gas utilities having an effective QIP surcharge and
			 information sheet in effect and on file with the Illinois Commerce Commission
			 (Commission).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.30 - Terms and Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 cumulative amount of increases billed under the QIP surcharge, since the utility's
			 most recent delivery service rate order, shall not exceed an annual average 4% of
			 the utility's delivery base rate revenues, but shall not exceed 5.5 % in any given
			 year for any utility. [220 ILCS
			 5/9-220.3(g)] If, pursuant to Section
			 556.80(a),
			 a different QIP surcharge percentage is ordered by the Commission to be applied to
			 the rate zones of a utility, then the above maximum thresholds established in this
			 subsection shall apply to each rate zone of the utility.
b) The QIP surcharge percentage shall apply only
			 to base rate revenues.
c) On the
			 effective date of new delivery base rates, the QIP surcharge shall be reduced to
			 zero with respect to qualifying infrastructure investment that is transferred to the
			 rate base used to establish the utility's delivery base rates, provided that the
			 utility may continue to charge or refund any reconciliation adjustment determined in
			 a Commission reconciliation order. [220
			 ILCS 5/9-220.3(g)]
d) The utility shall provide notice of the QIP
			 surcharge and of subsequent filings and billing to its customers in the following
			 manner:
1) The utility shall maintain and keep open
			 to public inspection a copy of each filing of a QIP surcharge tariff and subsequent
			 information sheets and shall post public notice in each office of the utility in
			 accordance with 83 Ill. Adm. Code
			 255.20(a).
2) For the initial filing of a QIP surcharge
			 tariff, the utility, regardless of size, shall provide notice by newspaper
			 publication in accordance with 83 Ill. Adm. Code
			 255.20(f)(1).
			 For the initial filing of the QIP percentage information sheet, the utility shall
			 provide notice of the filing of the initial billing of the QIP surcharge percentage
			 to each customer in the form of a message on the customer's bill, an insert included
			 with the bill, or a separately mailed notification.
3) The utility shall provide customers with a
			 general explanation of the QIP surcharge. The explanation shall appear on or be
			 included with the initial billing of the new QIP surcharge percentage. The
			 explanation may be provided as a message on the customer's bill, as a separately
			 mailed notification, or as information on the back of the customer's bill, as
			 included in the utility's form of bill on file with the Commission.
4) Except as provided in this subsection (d), or
			 by law or by Commission order, no other notice of the filing or billing of the QIP
			 surcharge or an information sheet is required.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.40 - Qualifying Infrastructure Plant, or QIP

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 QIP shall be related to one or more of the following:
1) The installation of facilities to retire and
			 replace underground natural gas facilities, including facilities appurtenant to
			 facilities constructed of those materials such as meters, regulators, and services,
			 and that are constructed of cast iron, wrought iron, ductile iron, unprotected
			 coated steel, unprotected bare steel, mechanically coupled steel, copper, Cellulose
			 Acetate Butyrate (CAB) plastic, pre-1973 DuPont Aldyl "A" polyethylene, PVC, or
			 other types of materials identified by a State or federal governmental agency as
			 being prone to leakage;
2) The
			 relocation of meters from inside customers' facilities to outside;
3) The upgrading of the gas distribution system
			 from a low pressure to a medium pressure system, including installation of
			 high-pressure facilities to support the upgrade;
4) Modernization investments by a combination
			 utility as defined in Section 16-108.5(b) of the Act to install:
A) Advanced gas meters in connection with the
			 installation of advanced electric meters pursuant to Sections 16-108.5 and 16-108.6
			 of the Act; and
B) The communications
			 hardware and software and associated system software that creates a network between
			 advanced gas meters and utility business systems and allows the collection and
			 distribution of gas-related information to customers and other parties in addition
			 to providing information to the utility itself;
5) Replacing high-pressure transmission pipelines
			 and associated facilities identified as having a higher risk of leakage or failure
			 or installing or replacing high-pressure transmission pipelines and associated
			 facilities to establish records and maximum allowable operating pressures;
6) Replacing difficult to locate mains and service
			 pipes and associated facilities; and
7)
			 Replacing or installing transmission and distribution regulator stations,
			 regulators, valves, and associated facilities to establish over-pressure protection.
			 [220 ILCS
			 5/9-220.3(b)(1) through (b)(7)]
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.50 - Recoverable Costs - Return on QIP

Current through Register Vol. 48, No. 28, July 12, 2024
a) The pre-tax
			 return (PTR) is the return on the QIP. The pre-tax return shall be calculated using
			 the weighted cost of debt and weighted cost of equity determined in the utility's
			 last gas rate case proceeding. The weighted cost of equity shall be multiplied by
			 the gross revenue conversion factor (GRCF). The product shall be added to the
			 weighted cost of debt to obtain the pre-tax return.
b) The pre-tax return shall be calculated by using
			 the following formulas:
PTR
=
((WCCE + WCPE) x GRCF) + WCLTD + WCSTD
GRCF
=
1
(1 - (PPTRIT+ SIT)) x (1 - FIT)
Where:
GRCF
=
Gross Revenue Conversion Factor.
PPTRIT
=
Illinois Personal Property Tax Replacement Income Tax rate
						  in effect at the time of the filing.
SIT
=
Illinois State income tax rate in effect at the time of the
						  filing.
FIT
=
Federal income tax rate in effect at the time of the
						  filing.
PTR
=
Pre-tax return.
WCCE
=
Weighted cost of common equity approved in the utility's
						  last rate case proceeding.
WCPE
=
Weighted cost of preferred equity approved in the utility's
						  last rate case proceeding.
WCLTD
=
Weighted cost of long term debt and credit facilities fees
						  approved in the utility's last rate case proceeding.
WCSTD
=
Weighted cost of short term debt approved in the utility's
						  last rate case proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.60 - Determination of the QIP Surcharge Percentage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 QIP surcharge percentage shall be expressed as a percentage carried to two decimal
			 places. The QIP surcharge percentage shall be applied to the charges billed to each
			 customer that represent base rate revenues as defined in Section
			 556.10. In calculating the
			 QIP surcharge percentage, the utility may choose the number of billing periods for
			 which the QIP surcharge percentage shall be in effect when the tariffs are submitted
			 to the Commission for approval.
b) The
			 QIP surcharge percentage shall be calculated by using the following formula:
S%
=
(NetQIPxPTRxNBP/12)+(NetDepxNBP/12)+(R)+(O+INT)/NBPo
x 100
PBR
Where:
S%
=
QIP surcharge percentage.
NetQIP
=
Actual cost of QIP less accumulated depreciation and any
						  accumulated deferred income tax liabilities net of deferred tax assets resulting
						  from the additional QIP.
PTR
=
Pre-tax return as described in Section
						  556.50.
NetDep
=
Annualized depreciation expense applicable to NetQIP less
						  the annualized depreciation expense applicable to the plant being retired as defined
						  in Section 556.10.
R
=
Utility-determined reconciliation component calculated as
						  described in Section
						  556.100(c).
						  The reconciliation component shall be collected or refunded over the nine-month
						  period from April through December. For S% in effect from April through December, R
						  shall reflect 1/9 of the total R for each month.
O
=
Commission-ordered adjustment.
INT
=
The calculated interest attributable to the O component.
						  This interest shall be calculated at the rate established by the Commission under 83
						  Ill. Adm. Code 280.7(e)(1). The interest shall accrue from the end of the
						  reconciliation year to the order date in the reconciliation proceeding.
PBR
=
The projected gas base rate revenues for the applicable
						  billing periods that S% will be in effect.
NBP
=
Number of billing periods that S% will be effective prior to
						  the scheduled recalculation.
NBPo
=
Number of billing periods (O + INT) will be collected or
						  refunded.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.70 - Application for QIP Surcharge Tariff

Current through Register Vol. 48, No. 28, July 12, 2024
A filing by a utility that seeks approval of a QIP surcharge tariff
				shall include testimony and the following exhibits:
a) The utility shall provide a history of the
			 installation, relocation, upgrading, modernization, and replacement rates of
			 qualifying infrastructure plant. The utility shall provide five years of data by
			 year for each of the categories, if applicable, found in Section 9-220.3(b)(1)
			 through (b)(7) of the Act, based on projects that the utility plans to include in
			 the QIP surcharge. If data or records are not available, the utility may use
			 estimates. If the utility relies on estimates, the utility shall explain why the
			 actual data was not available and how the estimate was determined.
b) The utility shall provide specific plans for
			 its initial year of qualified infrastructure investment, and an estimate of
			 qualified infrastructure investment for the two years following the initial year,
			 including future replacements of underground natural gas facilities. The utility
			 shall provide a schedule showing the qualified infrastructure investment listed by
			 priority as defined in Section 9-220.3(b)(1) of the Act. The schedule shall explain
			 the prioritization and provide the rationale for the investments to be included as
			 QIP, which may include a history of leaks, or incidents of damage by
			 location.
c) The utility shall provide
			 an explanation for the proposed rate of replacement identified in subsection (b),
			 relative to the rates identified in subsection (a), if applicable. The utility shall
			 include specific data to justify the replacement rate for each of the categories of
			 investment provided for in Sections 9-220.3(b)(1) through (b)(7) of the
			 Act.
d) The utility shall provide any
			 other information requested by the Commission that demonstrates that the proposed
			 QIP surcharge tariff complies with Section 9-220.3 of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 556 - QUALIFYING INFRASTRUCTURE PLANT SURCHARGE › Section 556.80 - Approval or Withdrawal of QIP Surcharge Tariff

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Commission shall issue an order approving,
			 or approving with modification to ensure compliance with Section 9-220.3 of the Act,
			 the QIP surcharge tariff no later than 120 days after such filing of the tariffs
			 filed pursuant to this Part. The utility shall have 7 days following the date of
			 service of the order to notify the Commission in writing whether it will accept any
			 modifications so identified in the order or whether it has elected not to proceed
			 with the tariff. If the order includes no modifications or if the utility notifies
			 the Commission that it will accept such modifications, the QIP surcharge tariff
			 shall take effect on the first day of the calendar year in which the Commission
			 issues the order, subject to petitions for rehearing and appellate procedures.
			 [220 ILCS
			 5/9-220.3(a)(3)]
b) In approving the QIP surcharge tariff for a
			 utility having more than one rate zone, the Commission may determine that it is
			 appropriate for different QIP surcharge tariffs to be applied in the different rate
			 zones of the utility.
c) After the QIP
			 surcharge tariff takes effect, the utility may, upon 10 days' notice to the
			 Commission, file to withdraw the QIP surcharge tariff at any time, and the
			 Commission shall approve such filing without suspension or hearing, subject to a
			 final reconciliation as provided in Section
			 556.100.
			 [220 ILCS
			 5/9-220.3(a)(3)]
d) When a natural gas utility withdraws the QIP
			 surcharge tariff, the utility shall not recover any additional charges through the
			 QIP surcharge approved pursuant to this Part, subject to the resolution of the final
			 reconciliation. The utility's qualifying infrastructure investment net of
			 accumulated depreciation may be transferred to the natural gas utility's rate base
			 in the utility's next general rate case. The utility's delivery base rates in effect
			 upon withdrawal of the QIP surcharge tariff shall not be adjusted at the time the
			 QIP surcharge tariff is withdrawn. [220 ILCS 5/9-220.3(a)(4)]