UTILITIES-COMPETITION-ANALYSIS Senate SponsorsSen. Don Harmon and Michael Noland-Jacqueline Y. Collins-Kwame Raoul-Dan Kotowski-Susan Garrett House Sponsors(Rep. Thomas Holbrook-Harry Osterman-Robert F. Flider-Lisa M. Dugan-Daniel V. Beiser and Donald L. Moffitt) 11/9/2007SenatePublic Act . . . . . . . . . 95-0700 220 ILCS 5/8-406from Ch. 111 2/3, par. 8-406220 ILCS 5/8-503from Ch. 111 2/3, par. 8-503Amends the Public Utilities Act. Includes in the criteria for a utility to obtain a certificate of public conveyance and necessity that it may demonstrate to the Illinois Commerce Commission that the proposed construction is required to promote the development of an effectively competitive electricity market. Includes the promotion of the development of an effectively competitive electricity market within the criteria for authorizing additions, extensions, repairs, or improvements to, or changes in, the existing plant, equipment, apparatus, facilities, or other physical property of any public utility or of any 2 or more public utilities.House Amendment No. 1 Adds reference to:220 ILCS 5/16-118220 ILCS 5/20-130 new815 ILCS 505/2EEDeletes everything after the enacting clause. Reinserts the contents of the engrossed bill with the following changes. Amends the Public Utilities Act. Provides that an electric utility with more than 100,000 customers shall file a tariff that provides (1) alternative retail electric suppliers and electric utilities other than the electric utility in whose service area the retail customers are located with the option to have the electric utility purchase their receivables for power and energy service provided to retail customers with a non-coincident peak demand of less than 400 kilowatts; and (2) alternative retail electric suppliers or electric utilities other than the electric utility in whose service area retail customers are located with the option to have the electric utility produce and provide single bills to the retail customers for both the services provided by the alternative retail electric supplier or other electric utility and the delivery services provided by the electric utility to the customers. Provides that within 45 days after the effective date of the amendatory Act, each electric utility with more than 100,000 customers in this State shall file a tariff pursuant to Article IX of the Act that provides alternative retail electric suppliers with the option to have the electric utility purchase 2 billing cycles worth of uncollectible receivables for power and energy service provided to a retail customer with a non-coincident peak demand of less than 400 kilowatts upon returning that customer to that electric utility for delivery and energy service after that alternative retail electric supplier has made reasonable collection efforts on that account. Provides that the Commission shall have the authority to establish retail choice and referral programs to be administered by an electric utility or the State in which residential and small commercial customers receive incentives for switching to participating electric suppliers. Provides that reasonable costs associated with the implementation and operation of customer choice and referral programs may be recovered in an electric utility's distribution rates. Provides that the Office of Retail Market Development shall serve as the clearinghouse for the development of retail choice and referral programs and shall work with electric utilities and interested parties on a continuous basis to implement and improve upon the programs. Provides that only customers that qualify for utility service shall be eligible for retail choice and referral programs. Provides that the Office of Retail Market Development shall immediately upon the effective date of the amendatory Act explore for possible implementation on as expedited basis as possible specified retail choice and referral programs. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that an electric service provider shall not submit or execute a change in a subscriber's selection of a provider of electric service unless and until the request for a change has been confirmed in accordance with specified procedures. Adds procedures for obtaining the subscriber's oral authorization to change electric suppliers. Makes other changes.House Amendment No. 2 Adds reference to:220 ILCS 5/8-205.5 new220 ILCS 5/16-102220 ILCS 5/16-103Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill, as amended by House Amendment No. 1, with the following changes. Provides that notwithstanding any other provision of the Act or any other law to the contrary, a public utility that, on December 31, 2005, served at least 100,000 electric customers in Illinois may not terminate electric service to a residential customer for nonpayment prior to March 31, 2008. Provides that electric utilities that serve at least 1,000,000 customers must provide tariffed service to Unit Owners' Associations for condominium properties that are not restricted to nonresidential use at rates that do not exceed the rates offered to residential customers. Provides that within 10 days after the effective date of the amendatory Act, each electric utility shall provide the tariffed service to Unit Owners' Associations required by specified provisions and shall reinstate any all-electric discount applicable to any Unit Owners' Association that received such a discount on December 31, 2006. Provides that a discount rate shall be based on the electric utility's historical bad debt and any reasonable start-up costs (instead of only historical bad debt) and administrative costs associated with the electric utility's purchase of receivables. Provides that the discount rate shall be subject to periodic review by the Illinois Commerce Commission (instead of periodic reconciliations and Commission review). Provides that the tariff filed pursuant to specified provisions may also include other just and reasonable terms and conditions and shall provide for the prudently incurred costs associated with the provision of this service. Changes specific references to services provided by alternative retail electric suppliers from "services" to "electric power and energy service". Provides that the electric utility retains the right to impose the same terms on these retail customers with respect to credit and collection. Provides that the electric utility shall recover the cost of such uncollectable receivables purchased as well as any prudently incurred administrative expenses incurred in connection with specified provisions through its tariff filing implementing the service (instead of delivery case filings) with the Commission but shall not permit the double recover of utility bad debt expenses from customers. Changes provisions concerning the selection of an electric service provider. In a provision concerning third-party verification methods, provides that the price of the service to be supplied and the material terms and conditions of the service being offered, including whether any early termination fees apply may be elicited. Requires a prospective electric supplier to obtain information from a phone call from a subscriber to include (i) the service address of the supply to be switched; and (ii) the price of the service to be supplied and the material terms and conditions of the service being offered, including whether any early termination fees apply. Adds provisions allowing a subscriber whose electric service has been provided by an electric service supplier in a manner not in compliance with specified provisions to file a complaint with the Commission, and includes penalties. Makes technical changes. Adds an immediate effective date.House Amendment No. 4 Deletes reference to:220 ILCS 5/8-205.5 new220 ILCS 5/16-102220 ILCS 5/16-103Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill, as amended by House Amendment No. 2, with the following changes. Deletes a provision concerning the termination of utility service prior to March 31, 2008. Deletes a provision defining a "residential customer". Deletes a provision that provides that electric utilities that serve at least 1,000,000 customers must provide tariffed service to Unit Owners' Associations for condominium properties that are not restricted to nonresidential use at rates that do not exceed the rates offered to residential customers. Deletes a provision providing that within 10 days after the effective date of the amendatory Act, each electric utility shall provide the tariffed service to Unit Owners' Associations required by specified provisions and shall reinstate any all-electric discount applicable to any Unit Owners' Association that received such a discount on December 31, 2006. Provides that an electric utility with more than 100,000 customers shall file a tariff pursuant to specified provisions may also include other just and reasonable terms and conditions and shall provide (instead of provide) for the recovery of prudently incurred costs associated with the provision of service pursuant to specified provisions. Prohibits a utility from recovering specified bad debt expenses from customers. Effective immediately.House Amendment No. 5 Makes a technical change. Provides that, when a subscriber initiates the call to the prospective electric supplier, in order to enroll the subscriber as a customer, the prospective electric supplier must, with the consent of the customer, make a date-stamped, time-stamped audio recording that elicits certain information (formerly, did not specify that the information was required in order to enroll the subscriber as a customer). 2/9/2007SenateFiled with Secretary by Sen. Don Harmon 2/9/2007SenateFirst Reading 2/9/2007SenateReferred to Rules 2/21/2007SenateAssigned to Environment and Energy 3/1/2007SenateDo Pass Environment and Energy; 012-000-000 3/1/2007SenatePlaced on Calendar Order of 2nd Reading March 2, 2007 3/1/2007SenateAdded as Co-Sponsor Sen. Michael Noland 3/2/2007SenateSecond Reading 3/2/2007SenatePlaced on Calendar Order of 3rd Reading March 6, 2007 3/20/2007SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 3/20/2007SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul 3/20/2007SenateAdded as Chief Co-Sponsor Sen. Dan Kotowski 3/20/2007SenateThird Reading - Passed; 058-000-000 3/20/2007HouseArrived in House 3/20/2007HousePlaced on Calendar Order of First Reading 3/21/2007HouseChief House Sponsor Rep. Thomas Holbrook 3/22/2007HouseFirst Reading 3/22/2007HouseReferred to Rules Committee 4/30/2007HouseAssigned to Executive Committee 5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007 5/24/2007HouseRe-assigned to Electric Utility Oversight Committee 5/25/2007HouseFinal Action Deadline Extended-9(b) May 31, 2007 5/30/2007HouseHouse Amendment No. 1 Filed with Clerk by Electric Utility Oversight Committee 5/30/2007HouseHouse Amendment No. 1 Adopted in Electric Utility Oversight Committee; by Voice Vote 5/30/2007HouseDo Pass as Amended / Short Debate Electric Utility Oversight Committee; 008-000-000 5/30/2007HousePlaced on Calendar 2nd Reading - Short Debate 5/30/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Thomas Holbrook 5/30/2007HouseHouse Amendment No. 2 Referred to Rules Committee 5/30/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 003-002-000 5/30/2007HouseAdded Alternate Chief Co-Sponsor Rep. Harry Osterman 5/30/2007HouseSecond Reading - Short Debate 5/30/2007HouseHouse Amendment No. 2 Adopted by Voice Vote 5/30/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/31/2007HouseAdded Alternate Chief Co-Sponsor Rep. Robert F. Flider 5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007 6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007 6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007 6/22/2007HouseFinal Action Deadline Extended-9(b) June 30, 2007 6/30/2007HouseFinal Action Deadline Extended-9(b) July 31, 2007 7/25/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Thomas Holbrook 7/25/2007HouseHouse Amendment No. 3 Referred to Rules Committee 7/31/2007HouseFinal Action Deadline Extended-9(b) August 4, 2007 8/3/2007HouseHouse Amendment No. 4 Filed with Clerk by Rep. Thomas Holbrook 8/3/2007HouseHouse Amendment No. 4 Referred to Rules Committee 8/4/2007HouseFinal Action Deadline Extended-9(b) August 10, 2007 8/7/2007HouseHouse Amendment No. 5 Filed with Clerk by Rep. Thomas Holbrook 8/7/2007HouseHouse Amendment No. 5 Referred to Rules Committee 8/8/2007HouseHouse Amendment No. 4 Rules Refers to Electric Utility Oversight Committee 8/8/2007HouseHouse Amendment No. 5 Rules Refers to Electric Utility Oversight Committee 8/9/2007HouseHouse Amendment No. 4 Recommends Be Adopted Electric Utility Oversight Committee; 007-001-001 8/9/2007HouseHouse Amendment No. 5 Recommends Be Adopted Electric Utility Oversight Committee; 009-000-000 8/10/2007HouseAdded Alternate Chief Co-Sponsor Rep. Lisa M. Dugan 8/10/2007HouseAdded Alternate Chief Co-Sponsor Rep. Daniel V. Beiser 8/10/2007HouseRecalled to Second Reading - Short Debate 8/10/2007HouseHouse Amendment No. 4 Adopted by Voice Vote 8/10/2007HouseHouse Amendment No. 5 Adopted by Voice Vote 8/10/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 8/10/2007House3/5 Vote Required 8/10/2007HouseThird Reading - Short Debate - Passed 105-001-000 8/10/2007HouseHouse Amendment No. 3 Tabled Pursuant to Rule 40(a) 8/10/2007HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt 8/13/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01,02,04,05 8/13/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02,04,05 - August 14, 2007 8/14/2007SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon 8/14/2007SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 8/14/2007SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Don Harmon 8/14/2007SenateHouse Amendment No. 2 Motion to Concur Referred to Rules 8/14/2007SenateHouse Amendment No. 4 Motion to Concur Filed with Secretary Sen. Don Harmon 8/14/2007SenateHouse Amendment No. 4 Motion to Concur Referred to Rules 8/14/2007SenateHouse Amendment No. 5 Motion to Concur Filed with Secretary Sen. Don Harmon 8/14/2007SenateHouse Amendment No. 5 Motion to Concur Referred to Rules 8/14/2007SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Executive 8/14/2007SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Executive 8/14/2007SenateHouse Amendment No. 4 Motion to Concur Rules Referred to Executive 8/14/2007SenateHouse Amendment No. 5 Motion to Concur Rules Referred to Executive 8/14/2007SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 009-000-000 8/14/2007SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 009-000-000 8/14/2007SenateHouse Amendment No. 4 Motion To Concur Recommended Do Adopt Executive; 009-000-000 8/14/2007SenateHouse Amendment No. 5 Motion To Concur Recommended Do Adopt Executive; 009-000-000 8/14/2007SenateAdded as Chief Co-Sponsor Sen. Susan Garrett 8/15/2007SenateHouse Amendment No. 1 3/5 Vote Required 8/15/2007SenateHouse Amendment No. 1 Senate Concurs 039-000-000 8/15/2007SenateHouse Amendment No. 2 3/5 Vote Required 8/15/2007SenateHouse Amendment No. 2 Senate Concurs 039-000-000 8/15/2007SenateHouse Amendment No. 4 3/5 Vote Required 8/15/2007SenateHouse Amendment No. 4 Senate Concurs 039-000-000 8/15/2007SenateHouse Amendment No. 5 3/5 Vote Required 8/15/2007SenateHouse Amendment No. 5 Senate Concurs 039-000-000 8/15/2007SenatePassed Both Houses 9/13/2007SenateSent to the Governor 11/9/2007SenateGovernor Approved 11/9/2007SenateEffective Date November 9, 2007 11/9/2007SenatePublic Act . . . . . . . . . 95-0700