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Illinois Bill Would Require Affirmative Consents For Renewals, Affirmative Consents For Renewals
April 08,2019 SB0651, introduced in the Illinois Senate, would, among other things, require affirmative consent for renewals onto a higher rate. The bill would provide that an ARES shall not automatically renew a contract with a residential customer at a rate higher than the initial term of the contract or automatically change or renew a fixed rate contract to a variable rate contract. A residential customer may agree to a contract renewal at a rate higher than the initial term of the contract if the residential customer expressly consents to the contract renewal in writing or by an electronic signature. The bill would also provide that, an alternative retail electric supplier shall, on January 1, 2020 and every first day of each quarter thereafter, submit to the Commission and the Office of the Attorney General the rates the retail electric supplier charged to residential customers in the prior quarter, including each distinct rate charged and whether the rate was a fixed or variable rate, the basis for the variable rate, and any fees charged in addition to the supply rate, including monthly fees, flat fees, or other service charges The bill provides that, no less than 30 days but no more than 60 days before a residential customer's price per kilowatt hour or other charge changes, an ARES shall send a separate written notice by United States Mail or electronic mail, as specified by the residential customer, addressed to the residential customer informing the residential customer of the upcoming change in price or other charge; the changed price per kilowatt hour or other charge shall be included in the notice and shall not require the residential customer to visit or log on to a website to obtain the change in price or other charge The bill provides that all marketing materials and solicitations shall disclose the Historical Prices to Compare from the immediately preceding 12 months as displayed on the Plug-In Illinois website maintained by the Illinois Commerce Commission. Similar to a separate bill, which is supported by Exelon (see story here), SB0651 would also prohibit retail supplier service to low-income customers, except in municipal aggregations and under ICC-approved guaranteed savings programs SB0651 provides that an alternative retail electric supplier shall not submit or execute a change in a customer's electric supplier if: (1) the customer has been verified by an approved agency within the preceding 12 months as eligible to receive financial assistance from either the Low Income Home Energy Assistance Program or the Percentage of Income Payment Plan; or (2) the customer has received financial assistance within the preceding 12 months from either the Low Income Home Energy Assistance Program or the Percentage of Income Payment Plan, unless (A) the customer's change in electric supplier is pursuant to a government aggregation program adopted in accordance with Section 1-92 of the Illinois Power Agency Act, or (B) the customer's change in electric supplier is pursuant to a Commission-approved savings guarantee plan SB0651 provides that an ARES shall include on the single bills issued to residential customers the current utility supply charge 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 electric supply price. SB0651 provides that every electric utility that provides delivery and supply services shall include on each bill to residential customers who obtain supply from an alternative retail electric supplier the electric utility's total supply charge 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 electric supply price. SB0651 generally contains for the natural gas market provisions identical to those described above
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