83 Ill. Adm. Code 450.20
Non-Discrimination
Section 450
Section 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.