83 Ill. Adm. Code 452.140
Waivers
Section 452
Section 452.140 Waivers
a) Any electric utility subject to this Part that uses its
transmission or distribution system to directly provide generation services to
50,000 or fewer retail customers in Illinois may petition the Commission for
waiver of Section 452.30, 452.35(b) and (c), 452.40, 452.60, 452,70, 452.80,
452.90, 452.100 or 452.170 of this Part. The petition must include a
demonstration of the following:
1) that the electric utility does not own, operate, or control
power generation resources;
2) that no affiliate of the electric utility owns, operates, or
controls power generation resources;
3) that the electric utility provides only mandatory generation
services;
4) that any power and energy provided to customers in the
electric utility's Illinois service area is obtained entirely through wholesale
purchases at tariffs approved, or allowed into effect, by the Federal Energy
Regulatory Commission;
5) that no power and energy provided to customers in the electric
utility's Illinois service area is obtained from an affiliated interest; and
6) that the electric utility employs a Commission-approved fuel
adjustment clause or similar mechanism to recover costs of providing mandatory
generation services.
b) In evaluating any petition, the Commission shall assess the effect
of the provisions of this Part for which a waiver is requested on the cost and
reliability of service of the electric utility and the objective of Section
16-119A of the Act [220 ILCS 5/16-119A] to prevent undue discrimination and
create or promote efficient competition. The continued effectiveness of any
waiver obtained under this Section shall be conditioned upon the electric
utility's continual compliance with subsections (a)(1) through (a)(6). At any
time that the Commission finds, upon complaint or on its own motion, that the
electric utility no longer satisfies the requirements of subsections (a)(1)
through (a)(6), the Commission may rescind the waiver granted.