Illinois Compiled Statutes
220 ILCS 5/ - Public Utilities Act.
Article XIX - Alternative Gas Supplier Law

(220 ILCS 5/Art. XIX heading)

 
(220 ILCS 5/19-100)
Sec. 19-100.
Short title.
This Article
may be cited as the Alternative Gas Supplier Law.

(Source: P.A. 92-529, eff. 2-8-02.)
 
(220 ILCS 5/19-105)
Sec. 19-105. Definitions. For the purposes of this Article, the following
terms shall be defined as set forth in this Section.
"Alternative gas supplier" means every person, cooperative, corporation,
municipal corporation, company, association, joint stock company or
association, firm,
partnership, individual, or other entity, their lessees, trustees, or receivers
appointed by
any court whatsoever, that offers gas for sale, lease, or in exchange for other
value
received to one or more customers, or that engages in the furnishing of gas to
one or
more customers, and shall include affiliated interests of a gas utility,
resellers,
aggregators and marketers, but shall not include (i) gas utilities (or any
agent of the gas
utility to the extent the gas utility provides tariffed services to customers
through an
agent); (ii) public utilities that are owned and operated by any political
subdivision, public institution of higher education or municipal corporation
of this State, or public utilities that are owned by a political
subdivision, public institution of higher education, or municipal corporation
and operated by any of its lessees or operating agents; (iii)
natural gas cooperatives that are not-for-profit corporations operated for
the purpose of administering, on a cooperative basis, the
furnishing of natural gas for the benefit of their members who
are
consumers of natural gas; and (iv) the ownership or operation
of a facility that sells compressed natural gas at retail to the public for use
only as a motor vehicle fuel and the selling of compressed natural gas at
retail to the public for use only as a motor vehicle fuel.
"Gas utility" means a public utility, as defined in Section 3-105 of this
Act,
that
has a franchise, license, permit, or right to furnish or sell gas
or transportation services to
customers within a service area.
"Residential customer" means a customer who receives gas utility service for
household purposes distributed to a dwelling of 2 or fewer units which is
billed under
a residential rate or gas utility service for household purposes distributed to
a dwelling
unit or units which is billed under a residential rate and is registered by a
separate meter
for each dwelling unit.
"Sales agent" means any employee, agent, independent contractor, consultant, or other person that is engaged by the alternative gas supplier to solicit customers to purchase, enroll in, or contract for alternative gas service on behalf of an alternative gas supplier.
"Service area" means (i) the geographic area within which a gas utility was
lawfully entitled to provide gas to customers as of the effective date
of this
amendatory
Act of the 92nd General Assembly and includes (ii) the location of any
customer to
which the gas utility was lawfully providing gas utility services on such
effective date.
"Single billing" means the combined billing of the services provided by both a natural gas utility and an alternative gas supplier to any customer who has enrolled in a customer choice program.
"Small commercial customer" means a nonresidential retail customer of
a
natural gas utility
who consumed 5,000 or fewer therms of natural gas
during the previous year; provided that any alternative gas
supplier may remove the customer from designation as a "small
commercial customer" if the customer consumes more than 5,000 therms
of natural gas in any calendar year after becoming a customer of the
alternative gas supplier. In determining whether a customer has consumed 5,000 or fewer therms of natural gas during the previous year, usage by the same commercial customer shall be aggregated to include usage at the same premises even if measured by more than one meter, and to include usage at multiple premises. Nothing in this Section creates an affirmative obligation on a gas utility to monitor or inform customers or alternative gas suppliers as to a customer's status as a small commercial customer as that term is defined herein. Nothing in this Section relieves a gas utility from any obligation to provide information upon request to a customer, alternative gas supplier, the Commission, or others necessary to determine whether a customer meets the classification of small commercial customers as that term is defined herein.
"Tariffed service" means a service provided to customers by a gas
utility as
defined by its rates on file with the Commission pursuant to the provisions of
Article IX
of this Act.
"Transportation services" means those services provided by the gas utility
that
are necessary in order for the storage, transmission and distribution systems
to
function so that
customers located in the gas utility's service area can receive gas from
suppliers other
than the gas utility and shall include, without limitation, standard metering
and billing
services.


(Source: P.A. 95-1051, eff. 4-10-09; 96-435, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
(220 ILCS 5/19-110)
Sec. 19-110. Certification of alternative gas suppliers.
(a) The provisions of this Section shall apply only to alternative gas
suppliers
serving or seeking to serve residential or small commercial customers and
only to the extent such
alternative gas suppliers provide services to residential or small
commercial customers.
(b) An alternative gas supplier must obtain a certificate of service
authority from the Commission in accordance with this Section before serving
any customer or other user located in this State. An alternative gas supplier
may request, and the Commission may grant, a certificate of service authority
for the entire State or for a specified geographic area of the State. A certificate granted pursuant to this Section is not property, and the grant of a certificate to an entity does not create a property interest in the certificate. This Section does not diminish the existing rights of a certificate holder to notice and hearing as proscribed by the Illinois Administrative Procedure Act and in rules adopted by the Commission. A
person, corporation, or other entity acting as an alternative gas supplier on
the effective date of this amendatory Act of the 92nd General Assembly shall
have 180 days from the effective date of this amendatory Act of the 92nd
General Assembly to comply with the requirements of this Section in order to
continue to operate as an alternative gas supplier.
(c) An alternative gas supplier seeking a certificate of service authority
shall
file with the Commission a verified application containing information showing
that the
applicant meets the requirements of this Section. The alternative gas supplier
shall
publish notice of its application in the official State newspaper within 10
days following
the date of its filing. No later than 45 days after a complete application is
properly filed with the
Commission, and such notice is published, the Commission shall issue its order
granting or denying the application.
(d) An application for a certificate of service authority shall identify the
area or
areas in which the applicant intends to offer service and the types of services
it intends
to offer. Applicants that seek to serve residential or small commercial
customers within a
geographic area that is smaller than a gas utility's service area shall submit
evidence demonstrating that the designation of this smaller area does not
violate Section 19-115. An
applicant may
state in its application for certification any limitations that will be imposed
on the number
of customers or maximum load to be served. The applicant shall submit as part of its application a statement indicating:
For the purposes of this subsection (d), formal complaints include only those complaints that seek a binding determination from a state or federal regulatory body.
(e) The Commission shall grant the application for a certificate of service
authority if it makes the findings set forth in this subsection based on the
verified
application and such other information as the applicant may submit.
(e-5) The Commission may deny with prejudice an application in which the applicant fails to provide the Commission with information sufficient for the Commission to grant the application.
(f) The Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request if:
(g) The Commission shall have the authority to promulgate rules
to carry out the provisions of this Section. Within 30 days after the
effective date of this amendatory Act of the 92nd General Assembly, the
Commission shall adopt an emergency rule or rules applicable to the
certification of those gas suppliers that seek to serve residential customers.
Within 180 days of
the effective
date of this amendatory Act of the 92nd General Assembly, the Commission shall
adopt
rules that specify criteria which, if met by any such alternative gas
supplier, shall
constitute the demonstration of technical, financial, and managerial resources
and
abilities to provide service required by paragraph (1) of subsection (e) of this
Section,
such as a
requirement to post a bond or letter of credit, from a responsible surety or
financial
institution, of sufficient size for the nature and scope of the services to be
provided,
demonstration of adequate insurance for the scope and nature of the services to
be
provided, and experience in providing similar services in other
jurisdictions.
(h) The Commission may deny with prejudice any application that repeatedly fails to include the attachments, documentation, and affidavits required by the application form or that fails to provide any other information required by this Section.
(i) An alternative gas supplier may seek confidential treatment for the reporting to the Commission of its total annual dekatherms delivered and sold by it to residential and small commercial customers by utility service territory during the preceding year via the filing of an affidavit with the Commission so long as the affidavit meets the requirements of this subsection (i).
The affidavit must be filed contemporaneously with the information for which confidential treatment is sought and must clearly state that the affiant seeks confidential treatment pursuant to this subsection (i) and the information for which confidential treatment is sought must be clearly identified on the confidential version of the document filed with the Commission. The affidavit must be accompanied by both a "confidential" and a "public" version of the document or documents containing the information for which confidential treatment is sought.
If the alternative gas supplier has met the affidavit requirements of this subsection (i), then the Commission shall afford confidential treatment to the information identified in the affidavit for a period of 2 years after the date the affidavit is received by the Commission.
Nothing in this subsection (i) prevents an alternative gas supplier from filing a petition with the Commission seeking confidential treatment for information beyond that identified in this subsection (i) or for information contained in other reports or documents filed with the Commission other than annual rate reports.
Nothing in this subsection (i) prevents the Commission, on its own motion, or any party from filing a formal petition with the Commission seeking to reconsider the conferring of confidential status pursuant to this subsection (i).
The Commission, on its own motion, may at any time initiate a docketed proceeding to investigate the continued applicability of this affidavit-based process for seeking confidential treatment. If, at the end of such investigation, the Commission determines that this affidavit-based process for seeking confidential treatment for the information is no longer necessary, the Commission may enter an order to that effect. Notwithstanding any such order, in the event the Commission makes such a determination, nothing in this subsection (i) prevents an alternative gas supplier desiring confidential treatment for such information from filing a formal petition with the Commission seeking confidential treatment for such information.
(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23.)
 
(220 ILCS 5/19-111)
Sec. 19-111. Material changes in business.
(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers.
(b) Alternative gas suppliers shall file with the Commission a notification of any material change to the information supplied in a certification application within 30 days of such material change.
(c) Material changes to the information contained in or supplied with a certification application include, but are not limited to, the following:
(Source: P.A. 95-1051, eff. 4-10-09.)
 
(220 ILCS 5/19-112)
Sec. 19-112. Managerial resources.
(a) An alternative gas supplier must maintain sufficient managerial resources and abilities to provide the service for which it has a certificate of service authority. In determining the level of managerial resources and abilities that the alternative gas supplier must demonstrate, the Commission shall consider, in addition to the requirements in Section 19-110(e)(1), the following:
(b) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers, unless otherwise noted.

(Source: P.A. 95-1051, eff. 4-10-09; 96-1000, eff. 7-2-10.)
 
(220 ILCS 5/19-115)
Sec. 19-115. Obligations of alternative gas suppliers.
(a) The provisions of this Section shall apply only to alternative gas
suppliers
serving or seeking to serve residential or small commercial customers and
only to the extent such
alternative gas suppliers provide services to residential or small
commercial customers.
(b) An alternative gas supplier:
(c) An alternative gas supplier shall not submit or execute a change in a customer's selection of a natural gas provider unless and until (i) the alternative gas supplier first discloses all material terms and conditions of the offer, including price, to the customer; (ii) the alternative gas supplier has obtained the customer's express agreement to accept the offer after the disclosure of all material terms and conditions of the offer; and (iii) the alternative gas supplier has confirmed the request for a change in accordance with one of the following procedures:
Alternative gas suppliers must be in compliance with this subsection (c) within 90 days after the effective date of this amendatory Act of the 95th General Assembly.
(d) Complaints may be filed with the Commission under this Section by a customer whose natural gas service has been provided by an alternative gas supplier in a manner not in compliance with subsection (c) of this Section. If, after notice and hearing, the Commission finds that an alternative gas supplier has violated subsection (c), then the Commission may in its discretion do any one or more of the following:
(e) No alternative gas supplier shall:
(f) An alternative gas supplier that is certified to serve residential
or small commercial customers shall not:
(g) An alternative gas supplier shall comply with the following requirements
with respect to the marketing, offering, and provision of products or services:
(h) An alternative gas supplier may limit the overall size or availability
of
a
service offering by specifying one or more of the following:
The alternative gas supplier shall file the terms and
conditions of
such service offering including the applicable limitations with the Commission
prior to
making the service offering available to customers.
(i) Nothing in this Section shall be construed as preventing an alternative
gas
supplier that is an affiliate of, or which contracts with,
(i) an industry or
trade
organization or association,
(ii) a membership organization or association that
exists for
a purpose other than the purchase of gas, or
(iii) another organization that
meets criteria
established in a rule adopted by the Commission from offering through the
organization
or association services at prices, terms and conditions that are available
solely to the
members of the organization or association.

(Source: P.A. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.)
 
(220 ILCS 5/19-116)
Sec. 19-116. Alternative gas supplier utility assistance recipient.
(a) Beginning January 1, 2020, an alternative gas supplier shall not knowingly submit an enrollment to change a customer's natural gas supplier if the gas utility's records indicate that the customer received financial assistance in the previous 12 months from either the Low Income Home Energy Assistance Program or, at the time of enrollment is participating in the Percentage of Income Payment Plan, unless the customer's change in gas supplier is pursuant to a Commission-approved savings guarantee plan as described in subsection (b).
(b) Beginning January 1, 2020, an alternative gas supplier may apply to the Commission to offer a savings guarantee plan to recipients of Low Income Home Energy Assistance Program funding or Percentage of Income Payment Plan funding. The Commission shall initiate a public, docketed proceeding to consider whether or not to approve an alternative gas supplier's application to offer a savings guarantee plan. At a minimum, the savings guarantee plan shall charge customers for natural gas supply at an amount that is less than the amount charged by the gas utility.
(c) An agreement entered into between an alternative gas supplier and a customer in violation of this Section is void and unenforceable. Before the gas utility executes a change in a customer's natural gas supplier, other than a change pursuant to a Commission-approved savings guarantee plan as described in subsection (b), the gas utility shall confirm at the time of the request whether its records indicate that the customer has either received financial assistance from the Low Income Home Energy Assistance Program within the previous 12 months, or, at the time of enrollment is participating in the Percentage of Income Payment Plan; and if so, shall reject such change request. Absent willful or wanton misconduct, no gas utility shall be held liable for any error in acting or failing to act pursuant to this Section.

(Source: P.A. 101-590, eff. 1-1-20.)
 
(220 ILCS 5/19-120)
Sec. 19-120. Commission oversight of services provided by gas
suppliers.
(a) The provisions of this Section shall apply only to alternative gas
suppliers
serving or seeking to serve residential or small commercial customers and
only to the extent such
alternative gas suppliers provide services to residential or small
commercial customers.
(b) The Commission shall have jurisdiction in accordance with the provisions
of Article X of this Act either to investigate on its own motion in order to determine whether or to entertain and dispose of any complaint by any person or corporation, chamber of commerce, board of trade, or any industrial, commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation against any
alternative
gas supplier alleging that:
(c) The Commission shall have authority after such administrative notice as is required by the Illinois Administrative Procedure Act and after an administrative hearing held on
complaint or on the Commission's own motion to order any or all of the following remedies, penalties, or forms of relief:
(d) Nothing in this Act shall be construed to limit, restrict, or
mitigate
in
any way the power and authority of the State's Attorneys or the Attorney
General under the Consumer Fraud and Deceptive Business Practices Act.
(e) In addition to other powers and authority granted to it under this Act, the Commission may require an alternative gas supplier to enter into a compliance
plan. If the Commission comes into possession of information causing it to conclude that an alternative gas supplier is violating this Act or the Commission's rules, the Commission may, after notice and hearing, enter an order directing the alternative gas supplier to implement practices, procedures, oversight, or other measures or refrain from practices, conduct, or activities as the Commission finds is necessary or reasonable to ensure the alternative gas supplier's compliance with this Act and the Commission's rules. Failure by an alternative gas supplier to implement or comply with a Commission-ordered compliance plan is a violation of this Section. The Commission, in its discretion, may order a compliance plan under such circumstances as it considers warranted and is not required to order a compliance plan prior to taking other enforcement action against an alternative retail gas supplier. Nothing in this subsection (e) shall be interpreted to limit the authority or right of the Attorney General.
(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23.)
 
(220 ILCS 5/19-125)
Sec. 19-125. Consumer education.
(a) The Commission shall make available upon request and at no charge, and
shall make available to the public
on the Internet through the State of Illinois World Wide Web site:
(a-5) The Commission shall develop no later than 6 months after the effective date of this amendatory Act of the 95th General Assembly and maintain consumer education information to help residential and small commercial consumers understand their gas supply options and their rights and responsibilities. The Commission shall publish the consumer education information on its World Wide Web site.
(a-10) To assist the Commission in developing consumer education information, the Commission shall form a working group that shall consist of representatives of gas utilities with residential and small commercial gas transportation service programs, alternative gas suppliers, the Attorney General, the Citizens Utility Board, and the Commission.
(a-15) At a minimum, the consumer education information developed by the Commission shall include explanations or descriptions of the following:
(b) In any service area where customers are able to choose their natural gas
supplier, the Commission shall require gas utilities and alternative gas
suppliers to inform customers of how they may contact the Commission in order
to
obtain information about the customer choice program.
(c) The Commission shall adopt a uniform disclosure that alternative gas suppliers shall be required to complete for each product offering. The uniform disclosure shall contain, at a minimum:
(d) The Commission shall make available in print, upon request and at no charge and on its World Wide Web site, information on which customers of alternative gas suppliers serving residential and small commercial customers may address any complaint with regard to an alternative gas supplier's obligations under Section 19-115 of this Article, including the provision of service in accordance with the terms of its contract, sales tactics, and rates. The Commission shall maintain a summary by category and provider of all formal and informal complaints it receives pursuant to this Section, and it shall publish the summary on a quarterly basis on its World Wide Web site. Individual customer information shall not be included in the summary.
(e) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to residential and small commercial customers.
(Source: P.A. 95-1051, eff. 4-10-09.)
 
(220 ILCS 5/19-130)
Sec. 19-130. Commission study and report. The Commission's Office of Retail Market Development shall prepare an annual
report regarding the
development of competitive retail natural gas markets in Illinois. The Office shall monitor existing competitive conditions in Illinois, identify barriers to retail competition for all customer classes, and actively explore and propose to the Commission and to the General Assembly solutions to overcome identified barriers. Solutions proposed by the Office to promote retail competition must also promote safe, reliable, and affordable natural gas service.
On or before October 31 of each year, the Director shall submit a report to the Commission, the General Assembly, and the Governor, that includes, at a minimum, the following
information:
Beginning in 2021, the report shall also include the information submitted to the Commission pursuant to paragraph (6) of subsection (b) of Section 19-115.
(Source: P.A. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.)
 
(220 ILCS 5/19-135)
Sec. 19-135. Single billing.
(a) It is the intent of the General Assembly
that in any service
area where customers are able to choose their natural gas supplier, a single
billing option shall be offered to customers for both the services provided by
the alternative gas supplier and the delivery services provided by the gas
utility. A gas utility shall file a tariff pursuant to Article IX of this Act
that allows alternative gas suppliers to issue single bills to residential and
small commercial customers for both the services provided by the alternative
gas supplier and the delivery services provided by the gas utility to
customers; provided that if a form of single billing is being offered in a gas
utility's service area on the effective date of this amendatory Act of the
92nd General Assembly, that form of single billing shall remain in effect
unless and until otherwise ordered by the Commission.
(b) Every alternative gas supplier that issues a single bill for delivery and supply shall include on the single bill issued to a residential customer the current utility gas supply cost rate per therm that would apply to the customer for the billing period if the customer obtained supply from the utility, including all fixed or monthly supply charges and other charges, credits, or rates that are part of the gas supply price.
(c) Every gas utility that offers supply choice and provides delivery and alternative gas supply service on a single bill to its residential customers shall include on the bill of each residential customer who purchases supply services from an alternative gas supplier the current utility gas supply cost rate per therm that would apply to the customer for the billing period if the customer obtained supply from the utility, including all fixed or monthly supply charges and other charges, credits, or rates that are part of the gas supply price.
(Source: P.A. 101-590, eff. 1-1-20.)
 
(220 ILCS 5/19-140)
Sec. 19-140. On-bill financing program; gas utilities.
(a) The Illinois General Assembly finds that Illinois homes and businesses have the potential to save energy through conservation and cost-effective energy efficiency measures. Programs created pursuant to this Section will allow utility customers to purchase cost-effective energy efficiency measures, including measures set forth in a Commission-approved energy efficiency plan under Section 8-104 of this Act, with no required initial upfront payment, and to pay the cost of those products and services over time on their utility bill.
(b) Notwithstanding any other provision of this Act, a gas utility serving more than 100,000 customers on January 1, 2009 shall offer a Commission-approved on-bill financing program ("program") that allows its retail customers who own a residential single family home, duplex, or other residential building with 4 or less units, or condominium at which the gas service is being provided (i) to borrow funds from a third party lender in order to purchase gas energy efficiency measures approved under the program for installation in such home or condominium without any required upfront payment and (ii) to pay back such funds over time through the gas utility's bill. Based upon the process described in subsection (b-5) of this Section, small commercial customers who own the premises at which gas service is being provided may be included in such program. After receiving a request from a gas utility for approval of a proposed program and tariffs pursuant to this Section, the Commission shall render its decision within 120 days. If no decision is rendered within 120 days, then the request shall be deemed to be approved. Beginning no later than December 31, 2013, a gas utility subject to this subsection (b) shall also offer its program to eligible retail customers that own a multifamily residential or mixed-use building with no more than 50 residential units, provided, however, that such customer must either be a residential customer or small commercial customer and may not use the program in such a way that repayment of the cost of energy efficiency measures is made through tenants' utility bills. A gas utility may impose a per site loan limit not to exceed $150,000. The program, and loans issued thereunder, shall only be offered to customers of the utility that meet the requirements of this Section and that also have a gas service account at the premises where the energy efficiency measures being financed shall be installed.
For purposes of this Section, a small commercial customer for a gas utility shall be defined in that gas utility's informational filing that is made under subsection (c-5) of this Section.
(b-5) Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, the Commission shall convene a workshop process during which interested participants may discuss issues related to the program, including program design, eligible gas energy efficiency measures, vendor qualifications, and a methodology for ensuring ongoing compliance with such qualifications, financing, sample documents such as request for proposals, contracts and agreements, dispute resolution, pre-installment and post-installment verification, and evaluation. The workshop process shall be completed within 150 days after the effective date of this amendatory Act of the 96th General Assembly.
(c) Not later than 60 days following completion of the workshop process described in subsection (b-5) of this Section, each gas utility subject to subsection (b) of this Section shall submit a proposed program to the Commission that contains the following components:
(c-5) Within 120 days after the effective date of this amendatory Act of the 98th General Assembly, each covered gas utility shall submit an informational filing to the Commission that describes its plan for implementing the provisions of this amendatory Act of the 98th General Assembly on or before December 31, 2013. A gas utility subject to this Section shall cooperate with any electric utility that provides electric service to buildings within the gas utility's service territory so that it is practical and feasible for the owner of a multifamily building to make a single application to access loans for both gas and electric energy efficiency measures in any individual building.
(d) A program approved by the Commission shall also include the following criteria and guidelines for such program:
(e) The proposed program submitted by each gas utility shall be consistent with the provisions of this Section that define operational, financial, and billing arrangements between and among program participants, vendors, lenders, and the gas utility.
(f) A gas utility shall recover all of the prudently incurred costs of offering a program approved by the Commission pursuant to this Section, including, but not limited to, all start-up and administrative costs and the costs for program evaluation. All prudently incurred costs under this Section shall be recovered from the residential and small commercial retail customer classes eligible to participate in the program through the automatic adjustment clause tariff established pursuant to Section 8-104 of this Act.
(g) An independent evaluation of a program shall be conducted after 3 years of the program's operation. The gas utility shall retain an independent evaluator who shall evaluate the effects of the measures installed under the program and the overall operation of the program, including, but not limited to, customer eligibility criteria and whether the payment obligation for permanent gas energy efficiency measures that will continue to provide benefits of energy savings should attach to the meter location. As part of the evaluation process, the evaluator shall also solicit feedback from participants and interested stakeholders. The evaluator shall issue a report to the Commission on its findings no later than 4 years after the date on which the program commenced, and the Commission shall issue a report to the Governor and General Assembly including a summary of the information described in this Section as well as its recommendations as to whether the program should be discontinued, continued with modification or modifications or continued without modification, provided that any recommended modifications shall only apply prospectively and to measures not yet installed or financed.
(h) A gas utility offering a Commission-approved program pursuant to this Section shall not be required to comply with any other statute, order, rule, or regulation of this State that may relate to the offering of such program, provided that nothing in this Section is intended to limit the gas utility's obligation to comply with this Act and the Commission's orders, rules, and regulations, including Part 280 of Title 83 of the Illinois Administrative Code.
(i) The source of a utility customer's gas supply shall not disqualify a customer from participation in the utility's on-bill financing program. Customers of alternative gas suppliers may participate in the program under the same terms and conditions applicable to the utility's supply customers.

(Source: P.A. 98-586, eff. 8-27-13.)
 
(220 ILCS 5/19-145)
Sec. 19-145. Automatic adjustment clause tariff; uncollectibles.
(a) A gas utility shall be permitted, at its election, to recover through an automatic adjustment clause tariff the incremental difference between its actual uncollectible amount as set forth in Account 904 in the utility's most recent annual Form 21 ILCC and the uncollectible amount included in the utility's rates for the period reported in such annual Form 21 ILCC. The Commission may, in a proceeding to review a general rate case filed subsequent to the effective date of the tariff established under this Section, prospectively switch, from using the actual uncollectible amount set forth in Account 904 to using net write-offs in such tariff, but only if net write-offs are also used to determine the utility's uncollectible amount in rates. In the event the Commission requires such a change, it shall be made effective at the beginning of the first full calendar year after the new rates approved in such proceeding are first placed in effect and an adjustment shall be made, if necessary, to ensure the change does not result in double-recovery or unrecovered uncollectible amounts for any year. For purposes of this Section, "uncollectible amount" means the expense set forth in Account 904 of the utility's Form 21 ILCC or cost of net write-offs as appropriate. In the event the utility's rates change during the period of time reported in its most recent annual Form 21 ILCC, the uncollectible amount included in the utility's rates during such period of time for purposes of this Section will be a weighted average, based on revenues earned during such period by the utility under each set of rates, of the uncollectible amount included in the utility's rates at the beginning of such period and at the end of such period. This difference may either be a charge or a credit to customers depending on whether the uncollectible amount is more or less than the uncollectible amount then included in the utility's rates.
(b) The tariff may be established outside the context of a general rate case filing, and shall specify the terms of any applicable audit. The Commission shall review and by order approve, or approve as modified, the proposed tariff within 180 days after the date on which it is filed. Charges and credits under the tariff shall be allocated to the appropriate customer class or classes. In addition, customers who do not purchase their gas supply from a gas utility shall not be charged by the utility for uncollectible amounts associated with gas supply provided by the utility to the utility's customers. Upon approval of the tariff, the utility shall, based on the 2008 Form 21 ILCC, apply the appropriate credit or charge based on the full year 2008 amounts for the remainder of the 2010 calendar year. Starting with the 2009 Form 21 ILCC reporting period and each subsequent period, the utility shall apply the appropriate credit or charge over a 12-month period beginning with the June billing period and ending with the May billing period, with the first such billing period beginning June 2010.
(c) The approved tariff shall provide that the utility shall file a petition with the Commission annually, no later than August 31st, seeking initiation of an annual review to reconcile all amounts collected with the actual uncollectible amount in the prior period. As part of its review, the Commission shall verify that the utility collects no more and no less than its actual uncollectible amount in each applicable Form 21 ILCC reporting period. The Commission shall review the prudence and reasonableness of the utility's actions to pursue minimization and collection of uncollectibles which shall include, at a minimum, the 6 enumerated criteria set forth in this Section. The Commission shall determine any required adjustments and may include suggestions for prospective changes in current practices. Nothing in this Section or the implementing tariffs shall affect or alter the gas utility's existing obligation to pursue collection of uncollectibles or the gas utility's right to disconnect service. A utility that has in effect a tariff authorized by this Section shall pursue minimization of and collection of uncollectibles through the following activities, including but not limited to:
(d) Nothing in this Section shall be construed to require a utility to immediately disconnect service for nonpayment.

(Source: P.A. 96-33, eff. 7-10-09.)

Structure Illinois Compiled Statutes