reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart A - GENERAL PROVISIONS › Section 451.30 - 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 within 5 days after
				publication.
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. The applicant shall provide
				the following:
1) Description of the applicant's
				business;
2) Description of the
				characteristics of customer group or groups applicant proposes to serve;
				and
3) Proof that notification of intent
				to serve in any 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 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart A - GENERAL PROVISIONS › Section 451.40 - 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 delivery 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 customers' data and shall agree to adopt and follow rules and
				procedures to preserve the confidentiality of its customers' data.
c) The foregoing requirements of this Section
				shall apply to neither electric cooperatives nor municipal systems making an
				election under Section 17-300 of the Act to become an ARES nor to applicants filing
				under Section 16-115(e) of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart A - GENERAL PROVISIONS › Section 451.50 - 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
				$30,000 if the applicant seeks to serve only nonresidential retail customers with
				maximum electrical demands of one megawatt or more, $150,000 if the applicant seeks
				to serve nonresidential retail customers with annual electrical consumption greater
				than 15,000 kWh, or $300,000 if the applicant seeks to serve all eligible retail
				customers. The bond shall be conditioned upon the full and faithful performance of
				all duties and obligations of the applicant as an ARES 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 a copy of this bond, with a notarized
				verification page from the issuer, 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 ARES 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 ARES shall file a copy of the additional or replacement
				bond with the Chief Clerk of the Commission and provide a copy to the Financial
				Analysis Division - ARES 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 ARES as it
				appears in the most recent Commission order granting the ARES
				certification.
c) In the event that a
				license or permit bond is modified, the ARES shall file a copy of the modified bond
				with the Chief Clerk of the Commission and provide a copy of that bond to the
				Financial Analysis Division - ARES or its successor at least 15 days in advance of
				the effective date of the modification. The filing shall include a cover letter
				titled "Part 451 License or Permit Bond" that explains the purpose of the filing and
				shall be identified by the name of the ARES as it appears in the most recent
				Commission order granting the ARES certification.
d) The requirements of this Section shall apply to
				neither electric cooperatives nor municipal systems making an election under Section
				17-300 of the Act to become an ARES nor to applicants filing under Section 16-115(e)
				of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart A - GENERAL PROVISIONS › Section 451.60 - Confidential Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
If an applicant or ARES believes any of the information to be
				  disclosed by an applicant or ARES is privileged or confidential, the applicant or
				  ARES 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
				  ARES 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 ARES is required to explain why
				  that information is entitled to that protection in a supporting document pursuant to
				  Section
				  451.30(d)(1).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart B - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ONLY NONRESIDENTIAL RETAIL CUSTOMERS WITH MAXIMUM ELECTRICAL DEMANDS OF ONE MEGAWATT OR MORE › Section 451.100 - Applicability of Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply only to the certification of all
				  alternative retail electric suppliers that seek to serve only nonresidential retail
				  customers with maximum electrical demands of one megawatt or more as required by
				  Section 16-115(f) of the Act except as noted. The requirements of this Subpart are
				  in addition to the requirements of Subpart A. This Subpart applies to neither
				  electric cooperatives nor municipal systems making an election under Section 17-300
				  of the Act to become an alternative retail electric supplier.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart B - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ONLY NONRESIDENTIAL RETAIL CUSTOMERS WITH MAXIMUM ELECTRICAL DEMANDS OF ONE MEGAWATT OR MORE › Section 451.120 - Technical Qualifications under Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant that uses electric generation,
				transmission or distribution facilities that it owns, controls, or operates in
				serving customers shall be deemed to possess sufficient technical capabilities to
				serve retail customers identified in this Subpart if it maintains a technical staff
				on duty or on call 24 hours each day to operate and maintain applicant's facilities
				as needed. The applicant must have at least two individuals on its staff with at
				least two years operational experience working with an electric generation,
				transmission or distribution facility that is substantially similar to the facility
				that the applicant owns, controls or operates in serving customers, and one
				individual on its staff with at least two years experience buying or selling power
				and energy in wholesale markets.
b) Any
				other applicant shall be deemed to possess sufficient technical capabilities to
				serve retail customers identified in this Subpart if it has at least one individual
				on its staff with at least two years experience buying or selling power and energy
				in wholesale markets.
c) The applicant
				shall include in its application an exhibit that identifies, by name and job title,
				the persons on its staff, and agents or contractors utilized pursuant to Section
				451.140,
				with the technical experience required under Subpart B. The exhibit shall provide a
				description of the relevant occupational experience for each person, including a
				description of the duties and the duration of the duties being used to meet each
				experience requirement of this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart B - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ONLY NONRESIDENTIAL RETAIL CUSTOMERS WITH MAXIMUM ELECTRICAL DEMANDS OF ONE MEGAWATT OR MORE › Section 451.130 - Managerial Qualifications under Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant shall be deemed to possess sufficient managerial
				  capabilities to serve retail customers identified in this Subpart if it has at least
				  one person in a management position with three or more years of experience with a
				  business enterprise.
a) The applicant shall
				include in its application an exhibit that identifies, by name and job title, the
				persons on its staff, and agents or contractors utilized pursuant to Section
				451.140,
				with the managerial experience required under Subpart B. The exhibit shall provide a
				description of the relevant occupational experience for each person, including a
				description of the duties and the duration of the duties being used to meet each
				experience requirement 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 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart B - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ONLY NONRESIDENTIAL RETAIL CUSTOMERS WITH MAXIMUM ELECTRICAL DEMANDS OF ONE MEGAWATT OR MORE › Section 451.140 - Qualifications of Agents and Contractors under Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may meet the requirements of Sections
				  451.120
				  and
				  451.130
				  by entering into one or more contracts with others to provide the required
				  experience levels, provided that:
a) Each
				agent and contractor on whom the applicant relies to meet Section
				451.120
				or
				451.130
				is disclosed in the application;
b) The
				applicant shall certify that the agent or contractor will comply with all Sections
				of Part 451 applicable to the function or functions to be performed by the
				respective agent or contractor.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart B - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ONLY NONRESIDENTIAL RETAIL CUSTOMERS WITH MAXIMUM ELECTRICAL DEMANDS OF ONE MEGAWATT OR MORE › Section 451.150 - Commission Order in Proceedings under Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall issue an order granting or denying an
				  application filed under this Subpart B 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 by Publication Act [715 ILCS 5 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart B - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ONLY NONRESIDENTIAL RETAIL CUSTOMERS WITH MAXIMUM ELECTRICAL DEMANDS OF ONE MEGAWATT OR MORE › Section 451.160 - Confidential Documentation (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.200 - Applicability of Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to the certification of all alternative
				  retail electric suppliers that seek to serve nonresidential retail customers with
				  annual electrical consumption greater than 15,000 kWh. The requirements in this
				  Subpart are in addition to the requirements of Subpart A. Sections
				  451.220
				  through
				  451.260
				  do not apply to electric cooperatives or municipal systems making an election under
				  Section 17-300 of the Act to become an alternative retail electric
				  supplier.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.210 - General Qualifications under Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
Applicant shall certify compliance with all terms and conditions
				  required by Section 16-115A(c) of the Act [220 ILCS
				  5/16-115A(c) ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.230 - Technical Qualifications under Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant that uses electric generation,
				transmission or distribution facilities that it owns, controls, or operates in
				serving customers shall be deemed to possess sufficient technical capabilities to
				serve retail customers identified in this Subpart if it maintains at least two
				technical staff on duty or on call 24 hours each day to operate and maintain
				applicant's facilities as needed. The technical staff must have at least two years
				of technical operational experience working with an electric generation,
				transmission or distribution facility that is substantially similar to the facility
				that the applicant owns, controls or operates in serving customers, and meet the
				criteria in subsections (b) and (c) of this Section.
b) An applicant shall be deemed to possess
				sufficient technical capabilities to serve retail customers identified in this
				Subpart if it has at least one individual on its staff with two years experience
				buying and selling power and energy in wholesale markets, and six months of
				scheduling experience working for an entity that is either a member of PJM, a market
				participant in the Midwest ISO, or has a system operator certificate from NERC, or
				has earned Certified Energy Procurement Professional status by the Association of
				Energy Engineers or equivalent certification.
c) The applicant shall designate in its
				application, and shall agree thereafter to maintain, a telephone number, fax number
				and address where its staff can be directly reached at all times. Maintenance of an
				answering service or machine, pager or similar message-taking procedure does not
				satisfy this requirement.
d) The
				applicant shall include in its application an exhibit that identifies, by name and
				job title, the persons on its staff, and agents or contractors utilized pursuant to
				Section
				451.250,
				with the technical experience required under this Subpart C. The exhibit shall
				provide a description of the relevant occupational experience for each person,
				including a description of the duties and the duration of the duties being used to
				meet each experience requirement of this Section.
e) In the event the applicant does not meet length
				of experience qualifications set forth in this Section, the applicant shall
				demonstrate the extent its technical resources and abilities match the services that
				it intends to provide to its customers. The Commission may impose such terms and
				conditions as it deems necessary in order to insure the applicant is technically
				qualified, commensurate with the anticipated scope of the service to be provided and
				customers to be served.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.240 - Managerial Qualifications under Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant shall be deemed to possess sufficient managerial
				  capabilities to serve customers identified in this Subpart if it has at least one
				  person in a management position with four or more years experience with enterprise
				  financial and administration responsibilities including profit and loss
				  responsibilities and provides the information required in subsections (a) and (b) of
				  this Section.
a) The applicant shall
				include in its application an exhibit that identifies, by name and job title, the
				persons on its staff, and agents or contractors utilized pursuant to Section
				451.250,
				with the managerial experience required under this Subpart C. The exhibit shall
				provide a description of the relevant occupational experience for each person,
				including a description of the duties and the duration of the duties being used to
				meet each experience requirement of this Section.
b) The applicant shall include in its application
				an exhibit containing a corporate organizational chart and indicating the position
				of the persons or agents who are being used to meet the requirements 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 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 customers to be served.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.250 - Qualifications of Agents and Contractors under Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may meet the requirements of Sections
				  451.230
				  and
				  451.240
				  by entering into one or more contracts with others to provide the required
				  experience levels, provided that:
a) Each
				agent and contractor on whom the applicant relies to meet Section
				451.230
				or
				451.240
				is disclosed in the application; and
b)
				The applicant shall certify that the agent or contractor will comply with all
				Sections of Part 451 applicable to the function or functions to be performed by the
				respective agent or contractor.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.260 - Commission Order in Proceedings under Subpart C

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall issue an order granting or denying an
				  application filed under this Subpart C within 45 days after the date on which a
				  complete application has been properly filed with the Commission and notice of the
				  application's filing is published in the Official State Newspaper as provided by the
				  Notice by Publication Act [715 ILCS 5 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart C - PROCEDURES FOR APPLICANTS SEEKING TO SERVE NONRESIDENTIAL RETAIL CUSTOMERS WITH ANNUAL ELECTRICAL CONSUMPTION GREATER THAN 15,000 kWh › Section 451.270 - Confidential Documentation under Subpart C (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart D - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ALL RETAIL CUSTOMERS › Section 451.300 - Applicability of Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
Subpart D shall apply to applicants who seek to serve all retail
				  customers. The requirements of this Subpart are in addition to the requirements of
				  Subpart A. Sections
				  451.320
				  through
				  451.360
				  do not apply to electric cooperatives or municipal systems making an election under
				  Section 17-300 of the Act to become an alternative retail electric
				  supplier.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart D - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ALL RETAIL CUSTOMERS › Section 451.310 - General Provisions of Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicant
				shall certify compliance with all terms and conditions required by Section
				16-115A(c) of the Act.
b) An applicant
				that seeks to serve customers within a geographic area that is smaller than an
				electric utility's service area shall demonstrate that the designation of this
				smaller area does not violate any part of Section 16-115A of the Act. Applicant
				shall state in its application for certification any limitations that will be
				imposed on the number of customers or maximum load to be served and certify that it
				will not deny service to a customer or group of customers nor establish any
				differences as to prices, terms, conditions, services, products, facilities, or in
				any other respect, whereby such denial or differences are based upon race, gender or
				income nor deny service to a customer or group of customers based on locality nor
				establish any unreasonable difference as to prices, terms, conditions, services,
				products, or facilities as between localities.
c) The applicant shall submit as part of its
				application a statement indicating:
1) Whether the
				applicant has been denied an electric supplier license in any state in the United
				States, and for affirmative responses, provide details identifying the name, case
				number, and jurisdiction of each such action.
2) Whether the applicant has had an electric
				supplier license suspended or revoked by any state in the United States, and for
				affirmative responses, provide details identifying the name, case number, and
				jurisdiction of each such action.
3)
				Where, if any, other electric supplier license applications are pending in the
				United States.
4) Whether the applicant
				is the subject of any lawsuits filed in a court of law or formal complaints filed
				with a regulatory agency alleging fraud, deception or unfair marketing practices, or
				other similar allegations, identifying the name, case number, and jurisdiction of
				each such lawsuit or complaint. For the purposes of this Section, formal complaints
				include only those complaints that seek a binding determination from a state or
				federal regulatory body.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart D - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ALL RETAIL CUSTOMERS › Section 451.330 - Technical Qualifications under Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant that uses electric generation,
				transmission or distribution facilities that it owns, controls, or operates in
				serving customers shall be deemed to possess sufficient technical capabilities to
				serve retail customers identified in this Subpart if it maintains at least two
				technical staff on duty or on call 24 hours each day to operate and maintain
				applicant's facilities as needed. The technical staff must have at least two years
				of technical operational experience in an electric generation, transmission or
				distribution facility substantially similar to the facility that the applicant owns,
				controls or operates in serving customers, 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 retail
				customers identified in this Subpart if it has at least one individual on its staff
				with at least four years experience buying and selling power and energy in wholesale
				markets and one year of scheduling experience working for an entity that is either a
				member of PJM, a market participant in the Midwest ISO, or has a system operator
				certificate from NERC, or has earned Certified Energy Procurement Professional
				status by the Association of Energy Engineers or equivalent certification.
c) The applicant shall designate in its
				application, and shall agree thereafter to maintain, a telephone number, fax number
				and address where its staff can be directly reached at all times. Maintenance of an
				answering service or machine, pager or similar message-taking procedure does not
				satisfy this requirement.
d) The
				applicant shall include in its application an exhibit that identifies, by name and
				job title, the persons on its staff, and agents or contractors utilized pursuant to
				Section
				451.350,
				with the technical experience required under Subpart D. The exhibit shall provide a
				description of the relevant occupational experience for each person, including a
				description of the duties and the duration of the duties being used to meet each
				experience requirement of this Section.
e) In the event the applicant does not meet length
				of experience qualifications set forth in this Section, the applicant shall
				demonstrate the extent its technical resources and abilities match the services that
				it intends to provide to its 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
				customers to be served.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart D - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ALL RETAIL CUSTOMERS › Section 451.340 - Managerial Qualifications under Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant shall be deemed to possess sufficient managerial
				  capabilities to serve retail customers identified in this Subpart if it has three or
				  more individuals in management positions with four or more years experience with
				  enterprise financial and administration responsibilities including profit and loss
				  responsibilities, four years experience buying and selling power and energy in
				  wholesale markets, and four years electric system operational experience and
				  provides the information required in subsections (a) and (b) of this Section.
a) The applicant shall include in its application
				an exhibit that identifies, by name and job title, the persons on its staff, and
				agents or contractors utilized pursuant to Section
				451.350,
				with the managerial experience required under this Subpart D. The exhibit shall
				provide a description of the relevant occupational experience for each person,
				including a description of the duties and the duration of the duties being used to
				meet each experience requirement of this Section.
b) The applicant shall include in its application
				an exhibit containing a corporate organizational chart and indicating the position
				of the persons or agents who are being used to meet the requirements 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 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 customers to be served.
d)
				With respect to serving residential and small commercial retail customers, an
				alternative retail electric supplier must maintain sufficient managerial resources
				and abilities to provide the service for which it has a certificate of authority. In
				determining the level of managerial resources and abilities that the alternative
				retail electric supplier must demonstrate, the Commission shall consider the
				following:
1) complaints to the Commission by
				consumers regarding the alternative electric supplier, including those that reflect
				on the alternative electric supplier's ability to properly manage solicitation and
				authorization; and
2) the alternative
				electric supplier's involvement in the Commission's consumer complaint process,
				including the resources the alternative electric supplier dedicates to the process
				and the alternative electric supplier's ability to manage the issues raised by
				complaints, and the resolutions of the complaints.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart D - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ALL RETAIL CUSTOMERS › Section 451.350 - Qualifications of Agents and Contractors under Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may meet the requirements of Sections
				  451.330
				  and
				  451.340
				  by entering into one or more contracts with others to provide the required
				  experience levels, provided that:
a) Each
				agent and contractor on whom the applicant relies to meet Section
				451.330
				or
				451.340
				is disclosed in the application;
b) The
				applicant shall certify that the agent or contractor will comply with all Sections
				of Part 451 applicable to the function or functions to be performed by the
				respective agent or contractor.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart D - PROCEDURES FOR APPLICANTS SEEKING TO SERVE ALL RETAIL CUSTOMERS › Section 451.360 - Commission Order in Proceedings under Subpart D

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall issue an order granting or denying an
				  application filed under this Subpart D 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 by Publication Act [715 ILCS 5 ], provided that the Commission can extend the
				  time for considering an application filed under this Subpart D 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 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; or
c) Other facts or circumstances exist that will
				necessitate additional time or evidence in order to determine whether a certificate
				should be issued.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart E - PROCEDURES FOR APPLICANTS SEEKING CERTIFICATION TO SERVE ONLY THEMSELVES OR AFFILIATED CUSTOMERS › Section 451.400 - Applicability of Subpart E

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart shall apply to a retail customer that seeks
				  certification as an ARES to provide electric power and energy exclusively to itself
				  (i.e., the applicant), or to subsidiaries or other corporate affiliates of the
				  applicant that are at separate locations. This includes, but is not limited to,
				  applicants seeking certification pursuant to Section 16-115(e) of the
				  Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart E - PROCEDURES FOR APPLICANTS SEEKING CERTIFICATION TO SERVE ONLY THEMSELVES OR AFFILIATED CUSTOMERS › Section 451.410 - Required Filings and Procedures under Subpart E

Current through Register Vol. 48, No. 28, July 12, 2024
a) The applicant shall publish, as provided by the
				Notice of 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 within five days following publication.
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 provide the following:
1) Applicant's name, street address and phone
				number.
2) Description and location of
				cogeneration or self-generation facilities within the State of Illinois that
				applicant owns, if any.
3) Descriptions
				and locations of retail customers to be serviced by applicant and shall provide a
				description of the relationship between applicant and retail customers.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart E - PROCEDURES FOR APPLICANTS SEEKING CERTIFICATION TO SERVE ONLY THEMSELVES OR AFFILIATED CUSTOMERS › Section 451.420 - Technical Qualifications under Subpart E

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicant shall be deemed to possess sufficient
				technical capabilities to serve nonresidential retail customers under this Subpart
				if it maintains a technical staff on duty or on call 24 hours each day to operate
				and maintain applicant's facilities as needed.
b) The applicant shall designate in its
				application, and shall agree thereafter to maintain, a telephone number, fax number,
				and address where its staff can be directly reached at all times. Maintenance of an
				answering service or machine, pager, or similar message-taking procedure does not
				satisfy this requirement.
c) The
				applicant shall include in its application an exhibit that identifies, by name and
				job title, the persons on its staff, and agents or contractors utilized pursuant to
				Section
				451.430,
				with the technical experience required under this Subpart E. The exhibit shall
				provide a description of the relevant occupational experience for each person,
				including a description of the duties and duration of the duties being used to meet
				each experience requirement of this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart E - PROCEDURES FOR APPLICANTS SEEKING CERTIFICATION TO SERVE ONLY THEMSELVES OR AFFILIATED CUSTOMERS › Section 451.430 - Qualifications of Agents and Contractors under Subpart E

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant may meet the requirements of Section
				  451.420
				  by entering into one or more contracts with others to provide the required
				  experience levels, provided that:
a) Each
				agent and contractor on whom the applicant relies to meet Section
				451.420
				is disclosed in the application; and
b)
				The applicant shall certify that the agent or contractor will comply with all
				Sections of Part 451 applicable to the function or functions to be performed by the
				respective agent or contractor.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart E - PROCEDURES FOR APPLICANTS SEEKING CERTIFICATION TO SERVE ONLY THEMSELVES OR AFFILIATED CUSTOMERS › Section 451.440 - Commission Order in Proceedings under Subpart E

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall issue an order granting or denying an
				  application filed under this Subpart E within 45 days after the date on which a
				  complete application has been properly filed with the Commission and notice of the
				  application's filing is published in the Official State Newspaper as provided by the
				  Notice by Publication Act [715 ILCS 5 ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart F - FINANCIAL QUALIFICATIONS FOR THE PROVISION OF SINGLE-BILLING SERVICE › Section 451.500 - Applicability of Subpart F

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Subpart are in addition to the
				  requirements of Subpart A. This Subpart does not apply to electric cooperatives or
				  municipal systems making an election under Section 17-300 of the Act to become an
				  alternative retail electric supplier.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.700 - Applicability of Subpart H

Current through Register Vol. 48, No. 28, July 12, 2024
The requirements of this Subpart are in addition to the
				  requirements of Subpart A. This Subpart does not apply to electric cooperatives or
				  municipal systems making an election under Section 17-300 of the Act to become an
				  alternative retail electric supplier.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.710 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All ARES shall, at
				all times, continue to remain in compliance with the provisions of the Act and this
				Part, as now or hereafter amended. If an ARES received a certificate before the
				effective date of any provision of this Part that applies to applicants seeking
				certification to serve customers with the same electrical demand or usage
				characteristics as the ARES, the ARES must demonstrate that it has come into
				compliance with that provision no later than April 30 of the year following the year
				during which the amendment took effect.
b) No later than April 30 of each year, each ARES
				shall file all reports required under this Subpart. Reports shall be under oath,
				contain a cover letter title "Part 451 Continuing Compliance" and be filed with the
				Chief Clerk of the Commission with copies provided to the Energy Division-ARES and
				the Financial Analysis Division-ARES or their successors. The reports shall be
				identified with the name of the ARES as it appears in the most recent Commission
				order granting the ARES certification, as well as any post-certification name
				changes. Entities required to file reports and to submit copies under this
				subsection (b) may do so electronically upon notification by the Chief Clerk of the
				Commission, on the Commission's website, of the availability of electronic filing
				for reports filed under this Part 451.
c) For each supporting piece of documentation the
				ARES provides, it shall specifically state how this information complies with each
				applicable subsection of this Part 451.
d) All reports shall provide the name, telephone
				number, email address and mailing address of at least one person to address
				questions from Commission Staff pertaining to that report.
e) All reports made to the Commission by any ARES,
				other than ARES certified under Subpart E, and the contents of the reports shall be
				open to public inspection, unless otherwise ordered by the Commission. The reports
				shall be preserved in the office of the Commission.
f) Any ARES acquiring customers from another ARES
				shall report any such purchase or transfer of customer accounts no later than 30
				days after the execution of the transaction. Any ARES receiving customer accounts
				from another ARES shall be responsible to demonstrate its ability to meet the
				applicable financial, managerial and technical requirements.
g) The compliance filing shall include the
				applicant's name and street address and the names and addresses of all the ARES's
				affiliated companies involved in electric retail sales or purchases in North
				America.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.720 - 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 ARES to amend that report within 30 days
				after that notice, 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 ARES, and correct items in the report
				the Commission finds defective or erroneous.
b) Any ARES that fails to make and file any report
				required by the Commission within the time specified, or to specifically answer 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 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.730 - Certification of Compliance with Section 16-115(d)(5) of the Act (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.750 - Managerial Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				ARES shall certify during April of each year that it continues to maintain the
				required managerial qualifications for the service authority granted in its
				certificate. An ARES 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 ARES 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.
b) Any changes in personnel, agents or contractors
				in the past calendar year that were used to meet the managerial qualifications shall
				be addressed in the annual compliance filing by providing evidence showing how the
				ARES is continuing to meet the managerial qualifications.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.760 - Technical Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) An ARES
				shall certify during April of each year that it continues to maintain the required
				technical qualifications for the service authority granted in its certificate. An
				ARES 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 ARES 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.
b) Any changes in personnel,
				agents or contractors in the past calendar year that were used to meet the technical
				qualifications shall be addressed in the annual compliance filing by providing
				evidence showing how the ARES is continuing to meet the technical
				qualifications.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart H - PROCEDURES FOR REPORTING CONTINUING COMPLIANCE WITH CERTIFICATION REQUIREMENTS › Section 451.770 - Kilowatt-hour Reporting Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
No later than March 1 of every year, each ARES shall file with the
				  Chief Clerk of the Commission, and provide to the Energy Division - ARES and the
				  Financial Analysis Division - ARES or their successors, a report stating the total
				  annual kilowatt-hours delivered and sold to retail customers within each utility
				  service territory and the total annual kWh delivered and sold to retail customers in
				  all utility service territories in the preceding calendar year.