reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 425 - UNIFORM ELECTRIC FUEL ADJUSTMENT › Section 425.30 - Fuel Adjustment Formula

Current through Register Vol. 48, No. 28, July 12, 2024
The fuel adjustment clause shall be of the following form:
FAC
=
(CF + CPP - CNS) X 100
- BFC + Ra + Ro + D
S
where:
FAC
=
Fuel adjustment charge per KWH. The amount in cents per KWH,
						  rounded to the nearest .001¢, to be charged for each applicable KWH billed or
						  delivered in the billing period, in excess of that amount included in Base Fuel
						  Costs. The FAC is subject to refunds or increases due to overcollection or
						  undercollection, depending on the results of the automatic reconciliation factor
						  (Ra) and the ordered reconciliation factor (Ro) as defined under Section
						  425.50
						  "Administration".
CF
=
Allowable fuel cost associated with company owned generating
						  plants. Fuel cost shall be interpreted in accordance with Section
						  425.40
						  "Interpretation" to include all fossil and nuclear fuel to be consumed in the
						  utility's own plants or in plants owned by wholly-owned subsidiaries of the utility
						  and/or the utility's share of fossil and nuclear fuel to be consumed in jointly
						  owned or leased plants during the period for which the FAC is being
						  determined.
CPP
=
Allowable energy cost associated with purchased power.
						  Purchased power shall be interpreted to include emergency, contract, and economy
						  purchases. Except for power purchased for economy reasons, only the energy portion
						  of the power to be purchased during the period for which the FAC is being determined
						  is to be included. All other associated charges are specifically excluded. The
						  demand charges for power to be purchased for economy reasons are allowable energy
						  cost.
CNS
=
Energy costs associated with sales not subject to FAC.
						  Energy costs associated with non-jurisdictional sales, interdepartmental sales,
						  energy furnished without charge, and other sales not subject to FAC shall be
						  included in factor CNS on the basis of average CNS energy cost during the period for
						  which the FAC is being determined, except in the case of energy costs associated
						  with interchange power sales, and except in the case of energy costs associated with
						  sales made to retail customers as a "competitive service", as that time is defined
						  in Section 16-102 of the Public Utilities Act [220 ILCS
						  5/16-102 ]. Energy costs associated with interchange power
						  sales and sales made to retail customers as a competitive service shall be included
						  in factor CNS on an incremental cost basis.
S
=
Applicable estimated KWHs subject to FAC either to be billed
						  or delivered during the period for which the FAC is being determined.
BFC
=
Base fuel cost in cents/KWH.
Ra
=
Automatic Reconciliation factor in cents/KWH.
Ro
=
Ordered Reconciliation factor in cents/KWH.
D
=
Desulfurization fee in cents/KWH.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 425 - UNIFORM ELECTRIC FUEL ADJUSTMENT › Section 425.50 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Reporting. Utilities
			 are to report monthly in a format designated by the Commission.
b) In conjunction with a docketed reconciliation
			 proceeding, the company shall file with the Commission a statement showing the
			 determination of the reconciliation balance for the reconciliation year. This annual
			 reconciliation shall be accompanied by the opinion of the company's outside public
			 accountants on the reconciliation and verified by an officer of the
			 company.
c) Ordered Reconciliation.
			 Costs and revenues associated with the clause shall be subject to an ordered
			 reconciliation factor (Ro) as required by the Commission.
d) Automatic Reconciliation. The automatic
			 reconciliation factor (Ra) will consist of the difference between actual allowable
			 costs incurred and FAC recoveries for each month so identified in the second month
			 prior to the billing month. This difference shall be divided by the appropriate KWHs
			 subject to FAC as provided under "S" in Section
			 425.30.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to each electric utility under the ratemaking
				jurisdiction of the Illinois Commerce Commission.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.20 - Availability of Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
To any facility which is a qualifying facility and which enters into
				an agreement with a public utility subject to this Part to provide electric energy.
				Each qualifying facility must provide to the utility the information required under
				Section 292.207, Subpart B, Subchapter K, Chapter I, Title 18, of the Code of
				Federal Regulations (
				18 CFR
				292.207 ).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.50 - Data to be Provided by Utilities

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Section is to describe the data which utilities
				must provide to the Illinois Commerce Commission, make available for public
				inspection, and provide to interested parties at a reasonable copying charge. Data
				required under Section
				430.50
				will assist the Illinois Commerce Commission in its review of the standard rate
				described in Section
				430.60 of this
				Part.
a) The data required under this
			 subsection (a) applies to each utility whose total sales of electric energy for
			 purposes other than resale exceed 500 million kilowatt-hours during any calendar
			 year beginning after December 31, 1975.
1)
A) On June 30, 1984, and not less than every two
			 years thereafter, each electric utility shall file with the Illinois Commerce
			 Commission the data described in
			 18 CFR
			 292.302(b). Costing periods shall
			 be designed to include a minimum of four periods. The periods shall include summer
			 peak, summer off-peak, winter peak, and winter off-peak.
B) Data described in
			 18 CFR
			 292.302(b)(1) shall be indicative
			 of increments of capacity of 10 MW up to a total of 50 MW and increments of capacity
			 of 50 MW up to a total 200 MW below projected demands. Any utility that can
			 demonstrate that its avoided energy costs are insensitive (to 5% of the costs) to
			 these capacity increments may submit data for blocks of capacity other than the ones
			 required in this paragraph (Section
			 430.50(a)(1)(B)
			 ). Data submission under this subsection (a) shall include a statement of
			 explanation of the following factors:
i) The
			 method of calculating future avoided energy costs, including assumptions;
ii) The increments of capacity for which avoided
			 energy costs are calculated;
iii) The
			 time periods for which avoided energy costs are averaged.
C) In addition, each electric utility shall
			 examine and report anticipated cogeneration levels and anticipated avoidable
			 capacity costs.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.60 - Standard Energy Rates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purchases
			 by Utilities:
1) Each electric utility shall file,
			 and any qualifying facility may elect to accept, a standard rate for all energy
			 purchased by the utility from the qualifying facility. This rate shall be based on
			 the utility's avoided energy cost determined in accordance with this Part. The
			 standard rate shall contain a minimum of four rating periods. These rating periods
			 shall include summer peak, summer off-peak, winter peak and winter
			 off-peak.
2) The procedures for metering
			 and billing qualifying facilities who elect this standard rate shall be in
			 accordance with Section
			 430.70.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.70 - Metering Arrangement for the Standard Rate

Current through Register Vol. 48, No. 28, July 12, 2024
In each standard rate offered by a utility for purchases of energy
				from a qualifying facility, the electrical registration for billing purposes can be
				accomplished by two options.
a) Option I
Under this metering configuration (see ILLUSTRATION A), each meter,
				with detents, will register the cumulative noncoincident energy and/or demand over
				the billing period. Whenever the qualifying facility generates electricity the
				coincident generation is consumed on-site, thus reducing the energy and/or demand
				registered by meter M1. Any excess energy and/or capacity not required by the
				qualifying facility will be delivered to the utility and registered by meter M2. The
				individual meters will separately record all energy delivered to the utility by the
				qualifying facility and delivered to the qualifying facility by the utility.
b) Option II
1) This metering arrangement consists of three
			 meters with detents (see ILLUSTRATION B). Meter M1 is the pre-existing meter and
			 meters M2 and M3 are added to record the energy and/or demand requirements to and
			 from the qualifying facility.
2) Any
			 other metering arrangement shall be the subject of negotiations consistent with
			 Sections
			 430.40 and
			 430.80 of this
			 Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.80 - Contractual Arrangements Between Qualifying Facilities and Utilities

Current through Register Vol. 48, No. 28, July 12, 2024
All qualifying facilities and utilities shall enter into a
				contractual arrangement regarding the terms and conditions of service and the rates
				for purchase and sale. A qualifying facility may elect one of the three contractual
				arrangements described in paragraphs (a), (b) and (c) below.
a) Standard Energy Rate. The utility's standard
			 rate, required by Section
			 430.60, and the
			 associated terms and conditions described in Section
			 430.40 shall
			 constitute the basic contractual arrangement between a qualifying facility and a
			 utility.
b) Negotiated Energy Rate.
1) Any qualifying facility and utility may
			 negotiate a rate for purchase from the qualifying facility and other terms and
			 conditions of service consistent with this Part. The contractual arrangements under
			 a negotiated energy rate shall be nondiscriminatory with respect to service
			 contracts entered into between the utility and its customers with similar load
			 characteristics, without regard to whether such customers generate some or all of
			 their own electricity.
2) Energy
			 payments to the qualifying facility under a negotiated energy rate shall be
			 adjusted, to the extent practicable, for the following items if it can be reasonably
			 expected that the qualifying facility will produce, on the average, more than 73,000
			 kwh per month:
A) line losses - the contract shall
			 take into account the costs or savings resulting from variations in line losses from
			 those that would have existed in the absence of purchases from the qualifying
			 facility if the utility generated or purchased an equivalent amount of
			 energy;
B) reasonable scheduling of
			 maintenance at the convenience of the utility;
C) the availability of energy during system daily
			 and seasonal peak periods;
D) the
			 willingness of the qualifying facility to allow the utility to dispatch the
			 qualifying facility's generated energy at any given time and the ability of the
			 utility to utilize such dispatching capability;
E) the historical and predicted reliability of the
			 qualifying facility to provide energy during the periods described in (C) and (D)
			 above;
F) agreement between the utility
			 and the qualifying facility related to changes in ability of the qualifying facility
			 and/or the utility to carry out the terms of the contract.
3) Each qualifying facility providing energy under
			 this Section shall have the option of receiving avoided costs:
A) calculated at the time of delivery;
			 or
B) estimated to occur during the
			 contract term.
4) This
			 election shall be made prior to the beginning of the contract term.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.90 - Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Nothing in this Part
			 relieves the utility from carrying out its responsibilities as described in Section
			 201 and 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA) or in the
			 rules promulgated pursuant to said Act.
b) Nothing in this Part:
1) limits the authority of the utility or a
			 qualifying facility to agree to a rate for any purchase, or terms or conditions
			 relating to any purchase, which differ from the rate or terms or conditions which
			 would otherwise be provided by this Part provided such rate
A) is just and reasonable to the electric customer
			 of the electric utility and in the public interest, and
B) does not discriminate against qualifying
			 cogeneration and small power production facilities;
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.100 - Remedy

Current through Register Vol. 48, No. 28, July 12, 2024
In the event of an impasse in negotiations between the utility and
				the qualifying facility, either party may request a determination of the issues by
				the Commission. This determination may be requested either formally or informally.
				If either party requests a formal determination with the Commission, said party
				shall file a petition with the Commission naming the other party as a respondent.
				Any petition filed pursuant to this Section shall comply with the Rules of Practice
				of the Illinois Commerce Commission (83 Ill. Adm. Code 200).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 430 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM COGENERATION AND SMALL POWER PRODUCTION FACILITIES (GENERAL ORDER 214) › Section 430.110 - Tariff and Rules to be Filed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
			 60 days of the adoption of this Part, each electric utility shall file with the
			 Commission tariffs, rules and regulations implementing this Part. On each June 30
			 thereafter, each electric utility shall file revised standard rates as described in
			 Section
			 430.60.
b) Any agreement negotiated pursuant to Sections
			 430.80(b),
			 430.80(c),
			 or
			 430.90 of this Part
			 shall be filed by the utility with the Illinois Commerce Commission. Upon filing by
			 the utility, notice shall be given to the qualifying facility.
c) Any electric utility which becomes subject to
			 this Part after the effective date of this Part shall file with the Commission
			 tariffs, rules and regulations implementing this Part 180 days after the end of the
			 calendar year the utility becomes subject to this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to each electric utility, as defined in Section
				3-105 of The Public Utilities Act (Ill. Rev. Stat. 1987, ch. 111 2/3, par.
				3-105).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means The Public Utilities Act (Ill. Rev. Stat. 1987, ch.
				1112/3, pars. 1-101 et seq.).
"Avoided Costs" means the incremental costs to the electric utility
				of electric energy which, but for the purchase from the qualified solid waste energy
				facility, the utility would generate itself or purchase from another source.
"Commission" means the Illinois Commerce Commission.
"Economic Losses" means an increase in the electric utility's
				revenue requirements as a result of electric energy purchases from a qualified solid
				waste energy facility that is not recovered either from tax credits pursuant to this
				Part or from ratepayers.
"Electric Energy" refers to both the energy and capacity purchased
				by an electric utility from a qualified solid waste energy facility.
"Fuel Loading" means the total fuel consumed at a qualified solid
				waste energy facility during the reported or projected period in terms of million
				Btus.
"Qualified Solid Waste Energy Facility" means a facility that meets
				the criteria set forth in 18 CFR 292 in effect on January 1, 1989 (hereinafter
				referred to as 18 CFR 292 ), and the Local Solid Waste Disposal Act (Ill. Rev. Stat.
				1987, ch. 85, par. 5901 et seq.), hereinafter referred to as the "Local Solid Waste
				Disposal Act," or an electric generating facility which uses methane gas generated
				from landfills and meets such requirements of 18 CFR 292. No incorporation of 18 CFR
				292 in this Part includes any later amendment or edition.
"Qualifying Facility" means a cogeneration facility or a small power
				production facility which meets the criteria for qualification set forth in 18 CFR
				292, Subpart B.
"Solid Waste" means "waste," as defined in Section 3.53 of the
				Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 1112/3, par. 1003.53 ),
				which is in solid or semi-solid form, provided that "solid waste" does not include
				that portion of material that is intended or collected to be recycled.
"Solid Waste Throughput Volume" means the yearly design capacity of
				a qualified solid waste energy facility when only solid waste is consumed as
				fuel.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.30 - Availability of Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The benefits of
			 this Part shall apply to any qualified solid waste energy facility. The owner(s) or
			 operator of such a facility shall petition the Commission for a determination that
			 the facility meets the requirements and criteria specified in the Act and this Part.
			 These requirements include complying with the procedures for obtaining qualifying
			 status set forth in 18 CFR 292 and with the Local Solid Waste Disposal
			 Act.
b) In demonstrating compliance with
			 18 CFR 292, the owner(s) or operator of a facility must file with the Commission a
			 copy of:
1) the notice filed with the Federal
			 Energy Regulatory Commission pursuant to
			 18 CFR
			 292.207, or
2) certification as a qualifying facility issued
			 by the Federal Energy Regulatory Commission or a successor agency.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.40 - Terms and Conditions of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 electric utility shall negotiate terms and conditions of service with the owner(s)
			 or developer(s) of a qualified solid waste energy facility in accordance with the
			 utility's standard terms and conditions of service for small power producers
			 compiled pursuant to 83 Ill. Adm. Code
			 430.40.
b) Electric utilities shall be required to enter
			 into long-term contracts to purchase electric energy from qualified solid waste
			 energy facilities located in the electric utility's service area for a period
			 beginning on the date the qualified solid waste energy facility begins generating
			 electric energy, and continuing for a minimum of twenty years thereafter, including
			 qualified solid waste energy facilities fueled by landfill-generated methane gas
			 which are located at landfills owned by a forest preserve district or ten years in
			 the case of qualified solid waste energy facilities fueled by landfill-generated
			 methane gas which are not located at landfills owned by a forest preserve
			 district.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.60 - Purchase Rates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 60 days of the
			 effective date of this Part, each electric utility shall file and at all times
			 thereafter have on file with the Commission tariffs or riders applicable to
			 purchases of electric energy generated from qualified solid waste energy
			 facilities.
b) Each tariff or rider
			 shall at a minimum include:
1) the billing
			 period;
2) a reconciliation procedure;
			 and
3) the methodology for determining
			 purchase rates, including the methodology for determining the rate at which free
			 service would have been billed had it not been provided free of charge. The purchase
			 rate contained in tariffs and riders shall be equal to the average price of
			 electricity per kilowatt-hour (excluding amounts paid for street lighting and
			 pumping) paid for by a unit or units of local government to the electric utility
			 during the latest twelve month period, including free service electricity, if any,
			 at the rate that the unit or units of local government would have been billed had
			 the electricity not been provided free of charge.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.70 - Tax Credits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Calculation of
			 monthly tax credit
1) Each utility shall calculate
			 tax credits using the following formula to assure compliance with Section 8-403.1(d)
			 of the Act.
C
=
P-(R-0), where
C
=
Public utility tax credit.
P
=
Actual total dollar amount paid for purchases from a
						  qualified solid waste energy facility applying the price specified in Section
						  445.60(b).
R
=
The total amount that the utility would have paid a
						  qualified solid waste energy facility pursuant to 83 Ill. Adm. Code
						  430.80.
O
=
Any amounts in the form of reasonable and necessary costs
						  incurred by a utility in displacing electric energy from qualifying facilities
						  because of purchases made pursuant to Section 8-403.1(c) of the Act. Such costs
						  shall include those incremental costs of system operation reasonably incurred by a
						  utility (excluding those resulting from Section
						  445.60 of this Part) as
						  a direct result of having to purchase electric energy from qualified solid waste
						  energy facilities in lieu of purchasing equivalent amounts of electric energy from
						  other qualifying facilities.
2) At the
			 time the owner(s) or developer(s) of a qualified solid waste energy facility enters
			 into a contract with an electric utility for the sale of electric energy to the
			 electric utility, the owner(s) or developer(s) of a qualified solid waste energy
			 facility may elect one of the methodologies specified in 83 Ill. Adm. Code 430.80.
			 In the event of an impasse in negotiations between the utility and the facility,
			 either party may request a determination of the issues by the Commission, based on
			 the criteria in 83 Ill. Adm. Code 430.80
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 445 - PURCHASE AND SALE OF ELECTRIC ENERGY FROM QUALIFIED SOLID WASTE ENERGY FACILITIES › Section 445.80 - Remedy

Current through Register Vol. 48, No. 28, July 12, 2024
A utility or a qualified solid waste energy facility may file a
				petition with the Commission alleging violation of the Act or this Part. Any
				petition filed pursuant to this Section shall comply with the Commission's Rules of
				Practice (83 Ill. Adm. Code 200).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Public Utilities Act [220 ILCS 5 ].
"Affiliated interest" has the same meaning as in Section 7-101(2) of
				the Act.
"Affiliated interests in competition with alternative retail
				electric suppliers" shall include affiliated alternative retail electric suppliers
				that provide services to customers within the service territory of the utility with
				which it is affiliated, as well as affiliated interests that broker, sell, or market
				electricity to customers within the service territory of the utility with which it
				is affiliated, or that provide consulting services directly related to the sale of
				electricity to the customers within the service territory of the utility with which
				it is affiliated.
"Alternative retail electric supplier" or "ARES" has the same
				meaning as in Section 16-102 of the Act.
"Competitive services" has the same meaning as in Section 16-102 of
				the Act.
"Corporate support" means corporate oversight and governance
				involving administrative services (including travel administration, security,
				printing, graphics, custodial services, secretarial support, mail services, and
				records management), financial management services (including accounting, treasury,
				internal audit, tax, and financial reporting and planning), data processing,
				shareholder services, human resources, employee benefits, regulatory affairs, legal
				services, lobbying, and non-marketing research and development activities. Corporate
				support also includes strategic planning.
"Delivery services" has the same meaning as in Section 16-102 of the
				Act.
"Electric utility" has the same meaning as in Section 16-102 of the
				Act.
"Emergency support" means the temporary provision of personnel and
				other resources when consumer safety is at risk or to help maintain service during
				emergencies where interruption of service can only be avoided or reduced through the
				sharing of employees.
"Unaffiliated entity" means any entity other than either the
				electric utility or any of the electric utility's affiliated
				interests.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.25 - Marketing and Advertising

Current through Register Vol. 48, No. 28, July 12, 2024
a) An electric
			 utility shall neither jointly advertise nor jointly market its services or products
			 with those of an affiliated interest in competition with ARES.
b) Nothing in subsection (a) shall be construed as
			 prohibiting an affiliated interest in competition with ARES from using the corporate
			 name or logo of an electric utility or electric utility holding company.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.30 - Non-Discrimination Concerning Services Provided Pursuant to Section 16-118 of the Public Utilities Act

Current through Register Vol. 48, No. 28, July 12, 2024
In providing any service or engaging in any activity pursuant to
				Section 16-118 of the Act, whether such service or activity is governed by tariffs
				filed with the Commission or by other agreements, electric utilities shall not
				discriminate in favor of or provide preferential treatment to their affiliated
				interests. Offers to provide service pursuant to Section 16-118 of the Act, whether
				through tariffs or agreements, shall be made concurrently to all similarly situated
				alternative retail electric suppliers or electric utilities other than the electric
				utility in whose service area retail customers are located.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.40 - Tying

Current through Register Vol. 48, No. 28, July 12, 2024
Electric utilities shall not tie, as defined by State and federal
				anti-trust laws, the provision of any delivery services to the taking of any goods
				and services from the electric utilities' affiliated interests in competition with
				alternative retail electric suppliers.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.50 - Release, Assignment, Transfer, and Brokering of Capacity

Current through Register Vol. 48, No. 28, July 12, 2024
Except to the extent as reserved to the sole and exclusive
				jurisdiction of the Federal Energy Regulatory Commission (FERC), electric utilities
				shall not grant preferences regarding the release, assignment, transfer, or
				brokering of electric transmission system capacity to affiliated interests or their
				customers.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.60 - Nondiscriminatory Provision of Information to Unaffiliated Entities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any ARES may submit, to an electric utility, a
			 written standing request for information related to the electric utility's
			 transmission or distribution systems that is provided by the utility to the electric
			 utility's affiliated interests. Standing requests made pursuant to this Section
			 shall expire one year after being received by the utility unless renewed in writing
			 by the ARES.
b) Employees of the
			 electric utility's affiliated interests shall not have preferential access to any
			 information about the electric utility's transmission or distribution systems that
			 is not contemporaneously and in the same form and manner available to an
			 unaffiliated alternative retail electric supplier that has submitted a request
			 pursuant to subsection (a) of this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.70 - Customer Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Customer
			 information shall be made available in accordance with Section 16-122 of the Public
			 Utilities Act [220 ILCS 5/16-122
			 ], without preference to affiliated interests or their customers. Electric utilities
			 shall not provide any preferences to affiliated interests in requesting
			 authorization for the release of customer information.
b) An unaffiliated ARES may submit, to an electric
			 utility, a written standing request for any generic customer information concerning
			 the usage, load shape curve or other general characteristics of customers by rate
			 classification that the electric utility provides to its affiliated interests in
			 competition with ARES. A standing request made pursuant to this Section shall expire
			 one year after being received by the utility unless renewed in writing by the
			 ARES.
c) The electric utility shall
			 contemporaneously, and in the same form and manner, make available to any
			 unaffiliated alternative retail electric suppliers that have submitted a standing
			 request, pursuant to subsection (b) of this Section, any generic customer
			 information concerning the usage, load shape curve or other general characteristics
			 of customers by rate classification that the utility makes available to its
			 affiliated interests in competition with alternative retail electric
			 suppliers.
d) Any unaffiliated ARES that
			 receives generic customer information pursuant to a standing request made under this
			 Section or any affiliated interest in competition with ARES that receives generic
			 customer information concerning the usage, load shape curve or other general
			 characteristics of customers by rate classification from the electric utility shall,
			 in accordance with Section 16-122(b) of the Act, pay the electric utility a
			 reasonable fee in each instance that such information is provided.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.80 - Exception for Corporate Support Information

Current through Register Vol. 48, No. 28, July 12, 2024
Except as proscribed by Sections
				450.60
				and 450.70, electric utilities may
				share information concerning corporate support with affiliated interests without
				being required to share such information with unaffiliated
				entities.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.85 - Affiliate Information Sharing

Current through Register Vol. 48, No. 28, July 12, 2024
The affiliated interests of an electric utility shall neither
				directly nor indirectly provide preferential access to information to any of the
				utility's affiliated interests in competition with ARES where the utility's direct
				sharing of such information with an affiliated interest in competition with ARES
				would violate any Section of the Public Utilities Act or any Section of this
				Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.90 - Confidentiality of Alternative Retail Electric Supplier (ARES) Information

Current through Register Vol. 48, No. 28, July 12, 2024
Electric utilities shall treat all information obtained from an ARES
				as confidential information, and shall not provide such information to its
				affiliated interests or to unaffiliated entities unless the alternative retail
				electric supplier provides authorization to do so.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.100 - Independent Functioning

Current through Register Vol. 48, No. 28, July 12, 2024
Except in relation to corporate support and emergency support,
				electric utilities and affiliated interests in competition with ARES 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 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.110 - Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except in relation to
			 corporate support and emergency support, electric utilities and their affiliated
			 interests in competition with alternative retail electric suppliers shall not
			 jointly employ or otherwise share the same employees.
b) Electric utilities shall not jointly employ or
			 otherwise share employees engaged in providing delivery services with their
			 affiliated interests in competition with alternative retail electric
			 suppliers.
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 electric utility that has an affiliated
			 interest in competition with ARES shall maintain a log detailing the transfer of
			 employees: from the utility to its affiliated interests in competition with ARES;
			 from the utility to its other affiliated interests; and from the utility's other
			 affiliated interests to its affiliated interests in competition with ARES. This
			 subsection shall not apply to employee transfers to or from corporations that are
			 affiliated interests of the electric 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 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.120 - Transfer of Goods and Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Transactions between an electric utility and its affiliated interests shall not be
			 allowed to subsidize the affiliated interests.
b) In connection with an application for a
			 certificate of service authority filed by an affiliated interest of an electric
			 utility, pursuant to Section 16-115 of the Act, the affiliated interest shall
			 provide a copy of a Commission approved services and facilities or affiliated
			 interest agreement that explicitly addresses the cost allocation and valuation
			 methodology to be applied to any transfer of goods and services: between the
			 electric utility and its affiliated interests in competition with ARES; between the
			 utility and its other affiliated interests; and between the utility's other
			 affiliated interests and its affiliated interests in competition with ARES. In the
			 event that there is no Commission approved agreement addressing these issues, the
			 applicant shall submit such an agreement for approval as part of its
			 application.
c) Costs associated with
			 the transfer of goods and services between an electric utility and its affiliated
			 interests, including affiliated interests in competition with ARES, shall be priced
			 as specified in, and allocated pursuant to, the Commission approved services and
			 facilities agreement or affiliated interests agreement presented in the affiliated
			 ARES certification proceeding. Any transfer of goods and services between an
			 electric utility and its affiliated interests, including affiliated interests in
			 competition with ARES, 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 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.130 - Lists of Affiliated Interests and ARES

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each electric utility shall maintain an
			 accurate list of all its affiliated interests. Such 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 electric utility shall make this
			 list available to the public upon request.
b) The electric utility shall file this list and
			 any subsequent changes to the list with the Chief Clerk of the Commission. The
			 electric utility shall also send copies of the list and subsequent changes to the
			 Director of the Accounting Department and the Manager of the Consumer Services
			 Division of the Commission. The Chief Clerk of the Commission shall make the most
			 recent list of each electric utility available to the public upon request.
c) All ARES, including any utility affiliated
			 ARES, shall, upon certification, but prior to commencing marketing operations,
			 provide to each electric utility in each area of the ARES' certification, notice of
			 the ARES' certification, its trade name, local address and address for service of
			 process, local telephone number and telephone number of its parent company, local
			 fax number and fax number of its parent company and Internet address, if any, of it
			 and its parent company.
d) The electric
			 utility shall receive and compile all information submitted under subsection (c)
			 above and shall make this information available to the public upon
			 request.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.140 - Maintenance of Books and Records and Commission Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) An electric utility shall maintain books,
			 accounts, and records separate from those of its affiliated interests.
b) In connection with an application for a
			 certificate of service authority filed by an affiliated interest of an electric
			 utility, pursuant to Section 16-115 of the Act, the affiliated interest shall
			 provide a copy of a Commission approved services and facilities or affiliated
			 interest agreement that explicitly sets forth both the cost allocation guidelines
			 and the accounting conventions to be applied to any transactions: between the
			 electric utility and its affiliated interests in competition with ARES; between the
			 utility and its other affiliated interests; and between the utility's affiliated
			 interests in competition with ARES and its other affiliated interests. In the event
			 that there is no Commission approved agreement addressing cost allocation and
			 accounting conventions, the applicant shall submit such an agreement for approval as
			 part of its application.
c) Upon the
			 request of the Commission, electric 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 electric 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.
d) Each electric 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 services that have been declared
			 competitive pursuant to Section 16-113 of the Act; and each instance in which it
			 offered affiliated interests or customers of affiliated interests a discount,
			 rebate, fee waiver or waivers of the electric utility's ordinary terms and
			 conditions in connection with services provided under tariffs on file with the
			 Commission. The electric utility shall make such 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 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.150 - Internal Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Electric utilities
			 shall conduct biennial internal audits on transactions with affiliated interests.
			 These audits shall test compliance with this Part, with any applicable Commission
			 orders, with the electric utility's affiliated interest operating agreement(s)
			 and/or guidelines, with 83 Ill. Adm. Code 415, and with 83 Ill. Adm. Code 420. 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 such internal audit report shall be
			 submitted on or before December 1, 1998. 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
			 electric utility solely because they share a common director or transactions with
			 individuals that are affiliated interests of the electric utility solely because
			 they are an elective officer or director of the electric utility.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 450 - NON-DISCRIMINATION IN AFFILIATE TRANSACTIONS FOR ELECTRIC UTILITIES › Section 450.160 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints
			 alleging violations of this Part shall be filed pursuant to 83 Ill. Adm. Code
			 200.
b) Pursuant to Section 16-121 of
			 the Act, after notice and hearing held on complaint or on the Commission's own
			 motion, the Commission may:
1) Order the
			 affiliated alternative retail electric supplier to cease and desist, or correct, any
			 violation of or non-conformance with the provisions of 83 Ill. Adm. Code
			 450;
2) Impose financial penalties for
			 violations of or non-conformance with the provisions of 83 Ill. Adm. Code 450, not
			 to exceed $10,000 per occurrence or $30,000 per day for those violations or the
			 non-conformance that continue after the Commission issues a cease-and-desist order;
			 and
3) Alter, modify or suspend the
			 certificate of service authority of an electric utility's affiliated alternative
			 retail electric supplier for substantial or repeated violations of or
			 non-conformance with the provisions of 83 Ill. Adm. Code 450.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 451 - CERTIFICATION OF ALTERNATIVE RETAIL ELECTRIC SUPPLIERS › Subpart A - GENERAL PROVISIONS › Section 451.20 - Requirements for All Applicants under Section 16-115(d) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Each applicant, except electric cooperatives or municipal systems
				  making an election under Section 17-300 of the Act to become an ARES and applicants
				  filing under Section 16-115(e) of the Act, for certification as an ARES must include
				  with its application the following items, as required by Section 16-115(d) of the
				  Act:
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 interconnected electric transmission
				system and shall agree to submit good faith schedules of transmission and energy in
				accordance with applicable tariffs.
b)
				The applicant shall certify that it will comply with informational and reporting
				requirements that the Commission may by rule establish and provide for review by
				Staff on a confidential and proprietary basis data related to contracts for the
				purchase and sale of electric power and energy (see
				220 ILCS
				5/16-115(d)(4) ).
c) The applicant shall provide the following:
1) Applicant's name and street address;
				and
2) Applicant's Federal Employer
				Identification Number (FEIN).