Sec. 16-115B. Commission oversight of services provided by alternative retail electric suppliers.

589 words·~3 min read·/il/chapter-220/act-5/16-115b

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(a)The Commission shall have jurisdiction in accordance with the provisions of Article X of this Act to entertain and dispose of any complaint made by the Commission, on its own motion, or 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 retail electric supplier alleging

(i)that the alternative retail electric supplier has violated or is in nonconformance with any applicable provisions of Section 16-115 through Section 16-115A;

(ii)that the alternative retail electric supplier violated rules adopted by the Commission to govern the sales, marketing, or operations of retail electric suppliers;

(iii)that an alternative retail electric supplier serving any residential and small commercial customers failed to provide service in accordance with the terms of its contract or contracts with such customer or customers;

(iv)that the alternative retail electric supplier has violated or is in nonconformance with the delivery services tariff of, or any of its agreements relating to delivery services with, the electric utility, municipal system, or electric cooperative providing delivery services; or

(v)that the alternative retail electric supplier has violated or failed to comply with the requirements of Sections 8-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made applicable to alternative retail electric suppliers.

(b)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:

(1)To order an alternative retail electric supplier to cease and desist, or correct,

any violation of or nonconformance with the provisions of Section 16-115 or 16-115A or any violation or nonconformance over which the Commission has jurisdiction under subsection

(a)of Section 16-115B;

(2)To impose financial penalties for violations of or nonconformances with the

provisions of Section 16-115 or 16-115A, not to exceed $10,000 per occurrence, and for any violations or nonconformances that continue after the Commission issues a cease and desist order, up to an additional $30,000 for each day the violations or nonconformances continue; and

(3)To alter, modify, revoke, or suspend the certificate of service authority of an

alternative retail electric supplier for substantial or repeated violations of or nonconformances with the provisions of Section 16-115 or 16-115A.

(c)In addition to other powers and authority granted to it under this Act, the Commission may require an alternative retail electric supplier to enter into a compliance plan. If the Commission comes into possession of information causing it to conclude that an alternative retail electric supplier is violating this Act or the Commission's rules, the Commission may, after notice and hearing, enter an order directing the alternative retail electric supplier to implement practices, procedures, oversight, or other measures or refrain from practices, conduct, or activities that the Commission finds is necessary or reasonable to ensure the alternative retail electric supplier's compliance with this Act and the Commission's rules. Failure by an alternative retail electric 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 electric supplier. Nothing in this subsection

(c)shall be interpreted to limit the authority or right of the Attorney General.