Ill. Admin. Code tit. 83, § 450.20 - Non-Discrimination
a) Electric utilities
shall not provide affiliated interests or customers of affiliated interests
preferential treatment or advantages relative to unaffiliated entities or their
customers in connection with services provided under tariffs on file with the
Illinois Commerce Commission (Commission). This provision applies broadly to all
aspects of service, including, but not limited to, responsiveness to requests for
service, the availability of firm versus interruptible services, the imposition of
special metering requirements, and all terms and conditions and charges specified in
the tariff.
b) Except for corporate
support transactions and services that have been declared competitive pursuant to
Section 16-113 of the Act, transactions between an electric utility and one or more
of its affiliated interests in competition with alternative retail electric
suppliers that are not governed by tariff sheets on file with the Commission shall
not discriminate in relation to unaffiliated alternative retail electric
suppliers.
c) Electric utilities and
affiliated interests shall not notify potential or actual customers, either directly
or indirectly, advertise to the public, or otherwise communicate that the electric
utility provides any advantages relating to the scheduling, transmission or
distribution of electricity to affiliated interests or their customers relative to
unaffiliated entities and their customers.
d) A utility shall process requests for similar
services provided by the utility in the same manner and within the same time period
for its affiliated interests in competition with alternative retail electric
suppliers and for all similarly situated unaffiliated alternative retail electric
suppliers and their respective customers.
e) If discretion is permitted in application of a
tariff provision, electric utilities shall maintain a log detailing each instance in
which it exercised discretion, as required in Section
450.140(d).
f) If an electric utility offers affiliated
interests or customers of affiliated interests a discount, rebate, fee waiver or
waivers of its ordinary terms and conditions for services provided under tariffs on
file with the Commission, it shall contemporaneously offer the same discount,
rebate, fee waiver or waivers of its ordinary terms and conditions to all
unaffiliated entities and customers of unaffiliated entities, to the extent
consistent with the tariffs, provided, however, that this subsection shall not apply
to billing experiments under Section 16-106 of the Act or competitive services under
Sections 16-102 and 16-116(b) of the Act. Electric utilities shall maintain a log of
such instances, as required in Section
450.140(d).
g) A customer's eligibility for participation in
any billing experiments under Section 16-106 of the Act or contracts for competitive
service under Sections 16-102 and 16-116(b) of the Act, except for those competitive
services that have been declared competitive pursuant to Section 16-113 of the Act,
shall not be conditioned on, nor tied to, the taking of any goods and services from
the utility's affiliated interests. Electric utilities shall inform customers of
this prohibition in writing before customers begin taking such service.
h) When providing delivery services as a component
of any bundled service, an electric utility shall not offer affiliated interests or
the customers of affiliated interests a discount, rebate, fee waiver or waivers of
its ordinary terms and conditions for delivery services on file with the Commission
unless delivery services have been declared competitive service pursuant to Section
16-113 of the Act or the electric utility contemporaneously offers the same
discount, rebate, fee waiver or waivers of its ordinary terms and conditions to all
unaffiliated entities and customers of unaffiliated entities.
Notes
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