reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
An electric utility shall be subject to Subpart A or Subpart B of
				  this Part. Subpart A shall apply to each electric utility conducting operations in
				  Illinois that is not otherwise approved to operate as an Integrated Distribution
				  Company pursuant to Subpart B. Any electric utility subject to Subpart A whose
				  principal service area is not in Illinois shall be exempt from Sections
				  452.30,
				  452.35,
				  452.40,
				  452.60
				  and any other Section of Subpart A in which exemption is expressly provided. Subpart
				  B of this Part is an option available to electric utilities that elect to become
				  subject to Subpart B and that are approved to operate as an Integrated Distribution
				  Company pursuant to Subpart B.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.30 - Independent Functioning

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
				necessary under Section
				452.50 of this
				Part or required by an order of a state or federal court or administrative agency,
				an electric utility's transmission and distribution function and its generation
				function providing generation to Illinois customers shall operate independently of
				each other.
b) Except as necessary under
				Section
				452.50 of this
				Part, no generation function employee of an electric utility providing generation
				services to Illinois customers shall provide delivery services. No transmission and
				distribution function employee of the electric utility shall provide generation
				services.
c) Except as necessary under
				Section
				452.50 of this
				Part, the transmission and distribution function employees and generation services
				function employees of an electric utility providing generation services to Illinois
				customers shall not be jointly employed by both the transmission and distribution
				function and the generation services function.
d) Company leadership and administrative support
				may be jointly employed by an electric utility's transmission and distribution
				function and generation function and may provide leadership and support for both
				functions. However, company leadership and administrative support shall not be used,
				or allowed, by the electric utility to circumvent any provision of Section
				452.80,
				452.90,
				452.100, or
				452.110 of
				this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.35 - Physical Separation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Delivery services
				employees shall be physically separated from merchant generation function employees
				who provide generation services to Illinois customers. This physical separation
				requirement may be met by:
1) locating delivery
				services employees in separate secured access office buildings; or
2) constructing and maintaining secured access
				areas and secured access facilities for delivery services employees within shared
				office buildings.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.40 - Restricted Physical Access

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as necessary
				under Section
				452.50, or as
				required by an order of a state or federal court or administrative agency, and in
				addition to the requirements of Section
				452.35(a),
				no merchant generation function employee who provides generation services to
				Illinois customers shall be permitted physical access to the electric utility's
				system control center, system communications facilities, computer systems,
				information systems, data storage, office space, file cabinets, office equipment or
				any other facilities, equipment or systems used by the transmission and distribution
				function that differs in any way from the access available to non-affiliated ARES.
				The requirement of this subsection shall work in conjunction with Section
				452.35(a)
				 through physical separation or secured access
				facilities or mechanisms.
b) Physical
				access by mandatory generation function employees to the electric utility
				facilities, equipment or systems described in subsection (a) that differs from the
				physical access provided by the electric utility to non-affiliated ARES shall be
				permitted. In no event, however, shall mandatory generation function employees
				circumvent, or be used or allowed by the electric utility to circumvent, any
				provision of Section
				452.80,
				452.90,
				452.100, or
				452.110 of
				this Part. The Commission may limit or prohibit such physical access if the
				Commission, taking into account Section 16-119A(c) and (d) of the Act [220 ILCS 5/16-119A(c) and
				(d) ], determines after hearing upon complaint or
				on its own motion that:
1) An electric utility has
				violated any provision of Section 452.80, 452.90, 452.100, or 452.110 of this Part;
				and
2) Such limited or prohibited
				physical access would better accomplish the non-discrimination and efficient
				competition goals of Section 16-119A of the Act [220 ILCS
				5/16-119A ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.50 - Emergency Exception

Current through Register Vol. 48, No. 28, July 12, 2024
a) In anticipation
				of impending emergencies and in times of actual emergency affecting the public
				health and safety or electric system integrity and reliability, electric utilities
				may take any actions necessary to protect the public and the electric system. If
				under normal non-emergency circumstances, those actions would constitute violations
				of this Part, the utility shall file written reports as specified in this
				Section.
b) An electric utility shall
				file an initial written report with the Commission within 24 hours after reliance on
				the authority in subsection (a) notifying the Commission of such action.
c) Within 24 hours after notifying the Commission,
				the utility shall notify non-affiliated ARES on the Internet site described in
				Section
				452.80(d)
				of this Part.
d) Within seven days after
				initiating reliance on the authority in subsection (a), or within two days after
				terminating reliance on the authority in subsection (a), whichever is later, the
				electric utility shall file a full written report with the Commission. The full
				written report shall explain the nature and extent of the emergency, including how
				and why the emergency arose. This report shall also list and describe each action
				the electric utility took that, under normal non-emergency circumstances, would
				constitute a violation of this Part. The initial and full written reports shall be
				available to the public on an appropriate Internet site.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.70 - Employee Transfers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Electric utility
				employees engaged in either the transmission and distribution function or the
				generation function are not precluded from transferring between these organizations
				provided that the transfer is not used, or allowed, to circumvent any provision of
				Section
				452.80,
				452.90,
				452.100, or
				452.110 of
				this Part.
b) A transmission and
				distribution function employee who transfers to the electric utility's generation
				function shall not provide to the generation function any information that the
				generation function would otherwise be prohibited from obtaining from the
				transmission and distribution function under this Part.
c) Employee transfers from the electric utility's
				transmission and distribution function to its generation function must be recorded
				in a log. The information to be logged shall include the name of the transferring
				employee, all job titles involved in the transfer, and the effective date of the
				transfer. Plural transfers by an employee within a 12-month period, and the reasons
				for those transfers, shall be entered in a separate section of the log. The entry in
				the log shall be made within 24 hours after the effective date of the transfer.
				Entries in the log shall be retained for three years. The log shall be available for
				Commission inspection and shall be made available to the public, with names encoded,
				upon written request.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.80 - Access to, Disclosure of, or Receipt of, Electric Utility Transmission and Distribution Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) The information
				covered by this Section shall include transmission or distribution construction
				plans, transmission or distribution abandonment plans, planned transmission or
				distribution system upgrades, downgrades, or modifications, planned transfer or sale
				of transmission or distribution facilities, transmission or distribution maintenance
				or outage plans or schedules, transmission or distribution forced outage data,
				historic transmission or distribution outage and restoration data, availability of
				transmission capacity, transmission or distribution facilities ratings, availability
				of ancillary services, forecasted or scheduled new customer interconnection
				information, customer emergency curtailment information and any other information
				that is directly related to the availability or quality of delivery services or the
				transmission and distribution system.
b)
				Except as necessary under Section
				452.50, or as
				required by regulatory or judicial order, no electric utility merchant generation
				function employee providing services to Illinois customers shall have access to or
				receive any information described in subsection (a) that is not equally accessible
				and available to non-affiliated ARES.
c)
				If any information described in subsection (a) is accessible to or received by a
				merchant generation function employee in violation of subsection (b), the electric
				utility shall immediately post that information on the Internet site described in
				subsection (d). The electric utility shall keep a log listing and describing all
				such instances. The log shall be available for Commission inspection and shall be
				made available to the public upon request. Entries in the log shall be retained for
				three years.
d) Each electric utility
				subject to this Part shall maintain a public Internet site for the dissemination of
				information required by this Part. Prior to the commencement of the operation of its
				Internet site, each such utility shall file with the Clerk of the Comission, and
				shall serve upon all ARES then certified pursuant to Section 16-115 of the Act
				[220 ILCS
				5/16-115 ], the address (uniform resource locator) of such
				site.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.90 - Information Provided to the Transmission and Distribution Function by a Non-Affiliated ARES, Another Electric Utility, Customer of Non-Affiliated ARES or Another Electric Utility, or Retail Customer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				information covered by this Section shall include any data or information provided
				to the electric utility's transmission and distribution function by a non-affiliated
				ARES, another electric utility, a customer of a non-affiliated ARES or another
				electric utility, or a retail customer.
b) No electric utility generation function
				employee shall have access to or receive any information described in subsection (a)
				unless verifiably authorized to do so by the non-affiliated ARES, other electric
				utility, customer of non-affiliated ARES or other electric utility, or retail
				customer, or unless required by tariff or by regulatory or judicial order. Nothing
				in this subsection (b) shall be construed as prohibiting mandatory generation
				function employees from accessing or receiving information furnished to the
				transmission and distribution function by an existing customer that is necessary to
				the continued provision of mandatory generation services to that customer.
c) If any information described in subsection (a)
				is accessible to or received by a generation function employee of the electric
				utility in violation of subsection (b), the electric utility shall notify the
				non-affiliated ARES, other electric utility, customers of non-affiliated ARES or
				other utility, or retail customer, whose data or information was disclosed, and the
				Commission's Energy Division Manager or his/her delegate, within 24 hours. The
				electric utility shall keep a log of all such instances. The log and entries in the
				log shall be kept confidential unless the Commission, after notice and hearing,
				determines that the data or information is not entitled to confidentiality. Entries
				in the log shall be retained for three years. The Commission or the electric utility
				shall inform the public, upon request, of the number of entries in the
				log.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.100 - Customer Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) No electric
				utility merchant generation function employee shall have access to or receive any
				customer-specific billing, usage, or load shape data except as permitted in
				subsection (b).
b) Upon the verifiable
				request of a retail customer or of the electric utility's merchant generation
				function, if it provides verifiable authorization and is acting as the customer's
				agent, an electric utility merchant generation function shall receive
				customer-specific billing, usage, or load shape data in the same form and fashion as
				such information would be provided to non-affiliated ARES in similar circumstances.
				The merchant generation function shall be charged the same type of reasonable fee
				for the provision of customer-specific data that the electric utility charges to any
				non-affiliated ARES for similar customer-specific information under Section
				16-122(a) of the Act [220 ILCS
				5/16-122(a) ].
c) An electric utility's merchant generation
				function may receive generic information concerning the usage, load shape or other
				general characteristics of customers by rate classification. Generic information by
				rate classification, however, shall not be provided to the electric utility's
				merchant generation function in a discriminatory manner. No preference shall be
				provided to the electric utility's merchant generation function over non-affiliated
				ARES that make requests for such generic information by rate class under Section
				16-122(b) of the Act [220 ILCS
				5/16-122(b) ]. The merchant generation
				function shall be charged the same type of reasonable fee for the provision of
				generic information by rate classification that the electric utility charges to any
				non-affiliated ARES for similar generic information by rate classification under
				Section 16-122(b) of the Act [220 ILCS
				5/16-122(b) ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.110 - Marketing and Advertising

Current through Register Vol. 48, No. 28, July 12, 2024
a) No electric
				utility shall allow joint advertising or joint marketing by its transmission and
				distribution function employees and generation function employees, nor may any
				product or service offered by its merchant generation function be advertised or
				marketed with any product or service offered by its transmission and distribution
				function. However, the advertising of mandatory generation services is not
				prohibited by this Part so long as there is no direct or indirect involvement in
				such advertising by transmission and distribution function employees.
b) Upon written request by a customer or potential
				customer, an electric utility's transmission and distribution function employees may
				accompany generation function employees at a meeting with the customer or potential
				customer; provided that transmission and distribution function employees are
				prohibited from requesting the customer's or potential customer's patronage for any
				generation service. An electric utility's transmission and distribution function
				shall process all requests for, and schedule and participate in, joint meetings
				under this subsection in the same manner as it would upon written request from a
				customer or potential customer of a non-affiliated ARES or another electric utility.
				Upon violation of the requirements or prohibitions in this subsection, the
				Commission may prohibit transmission and distribution function employees from
				accompanying generation function employees at meetings with customers or potential
				customers. The penalty shall be in addition to or in lieu of any penalty imposed by
				the Commission pursuant to Section
				452.160 of this
				Part.
c) Nothing in subsection (a) shall
				be construed as prohibiting an electric utility's generation function from using the
				corporate name or logo of the electric utility or electric utility holding
				company.
d) Every electric utility shall
				distribute a copy of Section
				452.130
				of this Part or such other notice as the Commission may require to each of its
				customers. The distribution shall occur on the effective date of this Part, or on or
				before the date on which a customer becomes eligible to take delivery services,
				whichever is later.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.120 - Tying

Current through Register Vol. 48, No. 28, July 12, 2024
No electric utility shall tie, as defined by State and federal
				  anti-trust laws:
a) the provision of any
				delivery services to the taking of any goods and services from the electric
				utility's generation function; or
b) the
				provision of any mandatory generation service to the taking of any other product or
				service offered by the utility.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.130 - Non-Discriminatory Provision of Delivery Services and Ancillary Services in Transactions Involving the Generation Function

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Electric utility transmission and distribution function employees shall strictly
				enforce all tariff provisions relating to delivery services (regardless of whether
				dealing with the electric utility's generation function, affiliated interests, or
				non-affiliated ARES) if these tariff provisions do not provide for the use of
				discretion.
b) If provisions of delivery
				services tariffs allow for discretion, electric utility transmission and
				distribution function employees shall apply these tariff provisions in a fair,
				impartial and non-discriminatory manner. Similarly situated users and potential
				users of delivery services shall be treated equally.
c) An electric utility shall not, through its
				tariffs or otherwise, give preference to retail power sales made on behalf of the
				customers of its generation function over the interests of any other retail customer
				in matters relating to delivery services or tariffed ancillary services. These
				matters shall include, but not be limited to, delivery services price, delivery
				services quality, curtailments, interconnections, service restoration, scheduling,
				priority, balancing, and ancillary services availability. All requests for delivery
				services shall be processed in a non-discriminatory manner.
d) If an electric utility offers or attributes a
				rate discount, rebate, or fee waiver on delivery services or delivery-service
				related, tariffed ancillary services to its generation function or retail customers
				of its generation function, then, at the same time, it shall offer the same
				discount, rebate, or fee waiver to all similarly situated ARES or customers of
				similarly situated ARES. The electric utility shall maintain a log of all discounts,
				rebates, or fee waivers granted to its generation function or for retail customers
				of its generation function. The entry in the log shall be made within 24 hours after
				the delivery services or ancillary services transaction commences. The entry in the
				log shall be maintained for one year after the discount, rebate, or fee waiver
				expires. The log shall be available for Commission inspection. The log shall be made
				available to the public upon written request.
e) Merchant generation function employees shall
				not state or imply to any person or entity unaffiliated with the electric utility
				that they have access to, or information about, delivery services that is
				unavailable to ARES or retail customers, nor shall any utility employee state or
				imply that delivery services provided in conjunction with the utility's generation
				services will be superior to the delivery services provided to the customers of
				ARES.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.135 - Cross-Subsidization

Current through Register Vol. 48, No. 28, July 12, 2024
a) No electric utility
				shall use public utility business to subsidize non-public utility business.
				Accordingly, the electric utility shall comply with the requirements of the
				Commission's rule regarding accounting for non-public utility business of electric
				utilities (83 Ill. Adm. Code 416), the Uniform System of Accounts (83 Ill. Adm. Code
				415), and orders of the Commission under Section 7-102 of the Act [220 ILCS
				5/7-102 ] that may be applicable.
b) No electric utility shall use delivery services
				to subsidize generation services. For this purpose, each electric utility shall
				submit to the Manager of Accounting of the Commission, as part of its implementation
				plan required under Section
				452.170 of this
				Part, written guidelines for allocating revenues and charges between delivery
				services and generation services. Each electric utility shall maintain books and
				records for generation services and delivery services consistent with the form
				specified in 83 Ill. Adm. Code
				416.10(b).
c) Each electric utility shall conduct a biennial
				internal audit of the transactions addressed in subsection (b). These audits shall
				test the compliance with that subsection with the written guidelines submitted to
				the Manager of Accounting of the Commission, with any applicable Commission orders,
				and with 83 Ill. Adm. Code 415. The audits shall include written reports of
				conclusions and associated workpapers that shall be available to the Commission
				Staff for review. The first internal audit shall be submitted to the Manager of
				Accounting of the Commission on or before December 1, 2002. Succeeding audit reports
				shall be submitted to the Manager of Accounting of the Commission on or before
				December 1 of each succeeding even numbered year.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.140 - Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any electric utility
				subject to this Part that uses its transmission or distribution system to directly
				provide generation services to 50,000 or fewer retail customers in Illinois may
				petition the Commission for waiver of Section
				452.30,
				452.35(b) and
				(c),
				452.40,
				452.60,
				452,70,
				452.80,
				452.90,
				452.100 or
				452.170 of this
				Part. The petition must include a demonstration of the following:
1) that the electric utility does not own,
				operate, or control power generation resources;
2) that no affiliate of the electric utility owns,
				operates, or controls power generation resources;
3) that the electric utility provides only
				mandatory generation services;
4) that
				any power and energy provided to customers in the electric utility's Illinois
				service area is obtained entirely through wholesale purchases at tariffs approved,
				or allowed into effect, by the Federal Energy Regulatory Commission;
5) that no power and energy provided to customers
				in the electric utility's Illinois service area is obtained from an affiliated
				interest; and
6) that the electric
				utility employs a Commission-approved fuel adjustment clause or similar mechanism to
				recover costs of providing mandatory generation services.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.150 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints alleging violations of this Part shall be filed
				  pursuant to 83 Ill. Adm. Code 200.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.160 - Penalty Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon complaint or
				on the Commission's own motion, the Commission may conduct an investigation of an
				electric utility's actions under any Section of this Part. The Commission may, after
				notice and hearing:
1) order an electric utility
				to cease and desist or correct any violation of, or nonconformance with, any
				provision of this Part;
2) require an
				electric utility to make due reparations or refunds as permitted by
				statute;
3) impose financial penalties
				for violations of, or non-conformance with, the provisions of this Part as permitted
				by statute;
4) take other remedial and
				preventive action as permitted by statute, including any action described in other
				Sections of this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart A - FUNCTIONALLY SEPARATED UTILITY RULES › Section 452.170 - Implementation Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each electric utility
				shall file with the Commission, before May 31, 2002, written plans and procedures
				describing how the electric utility will implement, and achieve compliance with,
				this Subpart.
b) Within 45 days after an
				electric utility files its implementation plans and procedures with the Commission
				pursuant to subsection (a), the Commission shall approve the implementation plans
				and procedures as filed or initiate a hearing to investigate modifications to the
				implementation plans and procedures. If the Commission takes no such action within
				45 days, the implementation plans and procedures filed by the electric utility shall
				be deemed approved. If the Commission initiates a hearing to investigate
				modifications to the implementation plans and procedures filed by the electric
				utility, intervention in accordance with 83 Ill. Adm. Code 200 shall be permitted.
				After the hearing, the Commission shall approve the implementation plans and
				procedures as filed or as modified by the Commission. In any order entered pursuant
				to this subsection, the Commission shall set forth its reasons for approving or
				modifying implementation plans and procedures. Within 60 days from the date of a
				final Commission order approving its implementation plans or procedures and modified
				plans and procedures, each electric utility shall be in full compliance with that
				order.
c) At least 45 days before the
				effective date of a proposed revision to its approved implementation plans and
				procedures, an electric utility shall file the proposed revision with the Commission
				for approval. Within 45 days after an electric utility files revisions to its
				approved implementation plans and procedures with the Commission, the Commission
				shall approve the revisions as filed or initiate a hearing to investigate
				modifications to the revisions. If the Commission takes no action within 45 days,
				the revisions filed by the electric utility shall be deemed approved. If the
				Commission initiates a hearing to investigate modifications to the revisions filed
				by the electric utility, intervention in accordance with 83 Ill. Adm. Code 200 shall
				be permitted. After the hearing, the Commission shall approve the revisions as filed
				or as modified by the Commission. In any order entered pursuant to this subsection,
				the Commission shall set forth its reasons for approving or modifying any revisions
				filed by the electric utility.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Advertising" means any communication through any medium, except
				  direct (e.g., in-person or telephonic) contact, for the purpose of requesting or
				  retaining patronage from a customer or prospective customer.
"Delivery services" has the same meaning as in Section 16-102 of
				  the Act [220 ILCS 5/16-102
				  ].
"Retail Electric Supply Service" means the retail sale of
				  electricity, whether bundled or unbundled.
"Integrated Distribution Company" or "IDC" means an electric
				  utility that has completed implementation of an approved implementation plan
				  pursuant to Section
				  452.220
				  of this Subpart B.
"Marketing" means direct contact with a customer or a prospect for
				  the purpose of requesting or retaining patronage.
"Permissible Integrated Distribution Company Service" means any
				  service that an Integrated Distribution Company is allowed to offer pursuant to
				  Subpart B of this Part.
"Transmission and distribution service" means any service provided
				  by an electric utility's transmission and distribution system.
"Transmission and distribution system" has the same meaning as in
				  Subpart A of this Part.
"Value-added transmission and distribution services" means
				  services provided by the electric utility's transmission and distribution function
				  that are not necessary to the operation of that function.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.230 - Permissible and Impermissible Integrated Distribution Company Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Integrated
				Distribution Company shall provide all tariffed transmission and distribution
				services, including delivery services, and all tariffed retail electric supply
				services required by the Act. An IDC may initiate experiments for transmission and
				distribution services and enter into contracts for load curtailment and
				interruption, provided that the experiments and contracts are entered into pursuant
				to a tariff filed with the Commission. An IDC also may enter into contracts for
				value-added transmission and distribution services and for the provision of start-up
				and auxiliary services to qualifying facilities, as defined and required by 83 Ill.
				Adm. Code 430.
b) An IDC shall not offer
				or provide any non-tariffed retail electric supply services or any non-tariffed
				transmission and distribution services, except as provided in subsection (a) of this
				Section. An IDC shall not, notwithstanding Sections 16-102, 16-106, 16-116(b), and
				9-102.1 of the Act [220 ILCS 5/16-102, 16 -106, 16-116(b), and 9-102.1], offer or
				enter into contracts for the provision of any retail electric supply service, unless
				required by tariff, or engage in any non-tariffed billing and pricing experiments
				beyond those contracts and experiments in existence on February 1, 2002. An IDC
				shall not renew, extend, or renegotiate any existing contract for any retail
				electric supply service, unless the IDC is required by tariff to renew or extend or
				the IDC is contractually bound to renew, extend, or renegotiate at the customer's
				option and the customer has exercised its option. At the request of the Commission,
				an IDC shall make available for inspection by the Commission any or all existing
				contracts for the provision of any retail electric supply service for verification
				purposes. The Commission shall treat all such contracts confidentially and shall
				enter the contracts into the record in any proceeding before the Commission subject
				to a reasonable confidentiality agreement. An IDC also shall not offer an experiment
				in existence on February 1, 2002 to any customer after February 1, 2002.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.240 - Advertising, Marketing, and Customer Retention Efforts

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Integrated Distribution Company shall not
				promote, advertise or market with regard to the offering or provision of any retail
				electric supply service.
b) The
				advertising and marketing prohibition of subsection (a) shall not preclude an IDC
				from:
1) advertising or marketing permissible IDC
				services other than retail electric supply services;
2) using the electric utility company corporate
				name and logo in connection with the offering or provision of permissible IDC
				services;
3) engaging in advertising or
				marketing generally promoting the public image and good will of the IDC as a
				provider of transmission and distribution services;
4) meeting its obligations for consumer education
				programs as set forth in Section 16-117 of the Act [220 ILCS
				5/16-117 ], or otherwise engaging in legitimate consumer
				education efforts; or
5) meeting the
				customer notification requirements specified in Section 16-110 [220 ILCS
				5/16-110 ] for the power purchase option.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.250 - Integrated Distribution Company Rate and Price Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
An Integrated Distribution Company shall not change its price for
				  any tariffed services allowed in Section
				  452.230(a)
				   pursuant to Section 16-111(f) of the Act
				  [220
				  ILCS 5/16-111(f) ], but may change prices
				  for services in the manner provided in Article IX of the Act [220 ILCS 5 /Art. IX],
				  and as provided in Section 16-111(a) of the Act [220
				  ILCS 5/16-111(a) ].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.260 - Information Provided to the Integrated Distribution Company by an Affiliated or Non-Affiliated Alternative Retail Electric Supplier, Another Electric Utility, Customer of Affiliated or Non-Affiliated Alternative Retail Electric Supplier or Another Electric Utility, or Retail Customer of the Integrated Distribution Company

Current through Register Vol. 48, No. 28, July 12, 2024
a) The information
				covered by this Section shall include any data or information provided to the IDC in
				its role as a provider of transmission and distribution services by an affiliated or
				non-affiliated alternative retail electric supplier, another electric utility, or
				the customer of an affiliated or non-affiliated alternative retail electric supply
				or another electric utility, or retail customer of the IDC.
b) No IDC employee shall use the information
				described in subsection (a) to sell, promote, market or advertise any retail
				electric supply service or to attempt to obtain or retain any customer for any
				retail electric supply service; provided that information received from a retail
				customer of the IDC that is necessary to the continued provision of retail electric
				supply service to that customer may be used by the IDC for that purpose.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.270 - Tying

Current through Register Vol. 48, No. 28, July 12, 2024
An Integrated Distribution Company shall not tie, as defined by
				  state and federal anti-trust laws, the provision of any tariffed service to the
				  taking of any other product or service offered or provided by the
				  IDC.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.280 - Integrated Distribution Company Transmission and Distribution Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) All requests for
				transmission and distribution services shall be processed in a non-discriminatory
				manner.
b) An Integrated Distribution
				Company shall strictly enforce all tariff provisions relating to transmission and
				distribution services if these tariff provisions do not provide for the use of
				discretion.
c) If provisions of
				transmission and distribution services tariffs allow for discretion, an IDC shall
				apply these tariff provisions in a fair, impartial and non-discriminatory manner.
				Similarly situated transmission and distribution services users or potential
				transmission and distribution services users shall be treated equally.
d) An IDC shall not discriminate in matters
				relating to curtailment, interconnection, service restoration, repair work,
				distribution upgrading, scheduling, priority, balancing, or transmission and
				distribution services availability, price or service quality.
e) If an IDC offers or attributes a rate discount,
				rebate, or fee waiver on delivery services or other transmission and distribution
				services to customers of its permissible retail electric supply services, it shall
				also offer the same discount, rebate, or fee waiver to all alternative retail
				electric suppliers or customers of alternative retail electric suppliers. The IDC
				shall maintain a log of all discounts, rebates, or fee waivers granted. The entry in
				the log shall be made within 24 hours after the transmission and distribution
				services transaction commences. The entry in the log shall be maintained for one
				year after the discount, rebate, or fee waiver expires. The log shall be available
				for Commission inspection. The log shall be made available to the public upon
				written request.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.290 - Emergency Exception

Current through Register Vol. 48, No. 28, July 12, 2024
a) In anticipation
				of impending emergencies and in times of actual emergency affecting the public
				health and safety or electric system integrity and reliability, an Integrated
				Distribution Company may take any actions necessary to protect the public and the
				electric system. If under normal non-emergency circumstances, those actions would
				constitute violations of this Subpart, the IDC shall file written reports as
				specified in this Section.
b) Within 24
				hours after initiating reliance on the authority in subsection (a), an IDC shall:
1) file an initial written report with the
				Commission, describing, and stating the general reasons for, the action;
				and
2) notify non-affiliated ARES on the
				Internet site described in Section
				452.80(d)
				of this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.300 - Cross-Subsidization

Current through Register Vol. 48, No. 28, July 12, 2024
No Integrated Distribution Company shall use public utility
				  business to subsidize non-public utility business. Accordingly, the IDC shall comply
				  with the requirements of the Commission's rules regarding accounting for non-public
				  utility business of electric utilities (83 Ill. Adm. Code 416), the Uniform System
				  of Accounts (83 Ill. Adm. Code 415), and orders of the Commission under Section
				  7-102 of the Act [220 ILCS
				  5/7-102 ] as may be applicable.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.310 - Formal Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Complaints alleging violation by an Integrated Distribution
				  Company, its employees or agents of any provision of Subpart B shall be filed
				  pursuant to 83 Ill. Adm. Code 200.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.320 - Enforcement and Penalty Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				complaint pursuant to Section
				452.310 of
				this Part, or on the Commission's own motion, the Commission may, after notice and
				hearing:
1) order an Integrated Distribution
				Company to cease and desist, or correct, any violation of, or nonconformance with,
				any provision of Subpart B;
2) require
				an IDC to make due reparations or refunds as permitted by statute;
3) impose financial penalties for violations of,
				or non-conformance with, any provision of Subpart B as permitted by
				statute;
4) take other remedial and
				preventive action as permitted by statute.
Such remedies shall be cumulative.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 452 - STANDARDS OF CONDUCT AND FUNCTIONAL SEPARATION › Subpart B - INTEGRATED DISTRIBUTION COMPANY RULES › Section 452.330 - Integrated Distribution Company Instruction

Current through Register Vol. 48, No. 28, July 12, 2024
An Integrated Distribution Company shall instruct its affected
				  employees and agents about the requirements of Subpart B and how to apply Subpart B
				  in the work place.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 453 - INTERNET ENROLLMENT RULES › Section 453.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Electronic Signature" shall mean a digitized recording of the
				handwritten signature of the executing person, an electronic sound, symbol, or
				process attached to or logically associated with a Letter of Agency (LOA) and
				executed by a person with the intent to sign the LOA. A recording of oral assent is
				not an electronic signature.
"Encryption" shall mean to convert information (especially a
				message) from one system of communication into another in a manner that allows the
				information to later be converted back into its original form.
"Internet Enrollment" means any electronic record except a recording
				of an oral assent, of a customer's authorization to change electric service
				providers, which satisfies the disclosure requirements of the LOA prescribed in
				815 ILCS
				505/2EE
"Letter of Agency" or "LOA" shall mean the document described in
				Section 2EE of the Consumer Fraud and Deceptive Business Practices Act [
				815 ILCS
				505/2EE ] and referenced in Section 16-115A of the Public
				Utilities Act [
				220 ILCS
				5/16-115A ].
"Retail Electric Supplier" or "RES" shall mean either:
an Alternative Retail Electric Supplier (ARES) certified by the
				Illinois Commerce Commission pursuant to Section 16-115 of the Public Utilities Act
				[
				220 ILCS
				5/16-115 ], meeting all obligations of an ARES pursuant to
				Section 16-115A of the Public Utilities Act [
				220 ILCS
				5/16-115A ], and authorized to provide electric power and
				energy supply services in an Illinois electric utility's service territory;
				or
an Illinois electric utility as defined in Section 16-102 of the
				Public Utilities Act [
				220 ILCS 5/16-102 ]
				meeting all obligations provided in Sections 16-115A and 16-116 of the Public
				Utilities Act [
				220 ILCS
				5/16-115A and 16 -116].
"Retail Customer" or "Customer" shall have the same meaning as that
				stated in Section 16-102 of the Public Utilities Act [
				220 ILCS 5/16-102
				].
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 453 - INTERNET ENROLLMENT RULES › Section 453.20 - Criteria by Which to Judge the Validity of an Electronic Signature

Current through Register Vol. 48, No. 28, July 12, 2024
a) An electronic
			 signature shall indicate who signed the LOA.
b) An electronic signature shall be unique to the
			 signer.
1) A digitized version of the handwritten
			 signature of the executing person shall be self-authenticating.
2) Other Forms of Electronic Signature
A) For any other form of electronic signature, a
			 security procedure shall require unique and private information from the signer.
			 This information shall include:
i) Algorithms or
			 codes;
ii) Identifying words or numbers
			 previously established or sent to signer's e-mail account provided by the signer to
			 the RES; or
iii) Credit card
			 verification.
B) An internet
			 protocol (IP) address alone will not satisfy the requirements of this subsection
			 (b)(2). This information shall not include the customer's account number.
3) No party shall use a signer's unique
			 information disclosed under this Section for any marketing or billing purposes
			 without specific separate consent from the signee.
4) The security procedure shall be provided on a
			 securely encrypted web page.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 453 - INTERNET ENROLLMENT RULES › Section 453.30 - Method by Which the Authenticity of Electronic Signatures May Be Proven

Current through Register Vol. 48, No. 28, July 12, 2024
a) The electronically
			 signed LOA shall provide:
1) The unique information
			 used to sign the LOA; and
2) The date
			 signed.