83 Ill. Adm. Code 460.230
Financial Reporting Requirements
Section 460
Section 460.230 Financial
Reporting Requirements
a) The MSP shall provide a copy of the documents that this
Subpart requires to demonstrate that it has sufficient financial resources to
provide metering services to retail electric customers. The documents shall be
submitted annually to the Chief Clerk of the Commission and the Manager of the
Commission's Financial Analysis Division or its successor between December 1
and December 31.
b) The MSP shall file an updated copy of a Dun & Bradstreet
Business Information Report that demonstrates, at a minimum, that the MSP has a
Composite Credit Appraisal of "3" or lower and a PAYDEX score of
"70" or higher. The report shall be no more than 30 days old at the
date of the annual filing.
c) If the MSP does not have a Dun & Bradstreet Composite
Credit Appraisal, the MSP shall file an updated copy of an Experian Small
Business Intelliscore report that demonstrates, at a minimum, that the MSP has
an Intelliscore of "63" or higher. The report shall be no more than
30 days old at the date of the annual filing.
d) The MSP shall file evidence of insurance in one of the
following ways:
1) File a certificate of insurance as evidence that the
commercial general liability policy was renewed for at least one year and the
liability coverage will continue. If the insurance company's rating or
financial size is downgraded below the minimum required rating or financial
size under Section 460.100(b)(1)(B), within 30 days after such downgrade, the
MSP shall obtain new insurance coverage provided by an insurance company
meeting or exceeding the required minimum rating and financial size. A copy of
the certificate of insurance for the new policy must be filed within that
period with the Chief Clerk of the Commission and the Manager of the
Commission's Financial Analysis Division or its successor; or
2) MSPs that qualify to self-insure for the liability obligations
shall file a copy of the Self-Insurance Certificate of Approval under Section 4
of the Workers' Compensation Act [820 ILCS 305]. If the MSP fails to maintain
authorization from the Illinois Industrial Commission to provide
self-insurance, the MSP must obtain insurance coverage as provided in Section
460.100(b)(1) within 120 days from the date that its authority to self-insure
is revoked by Illinois Industrial Commission Order. The MSP must notify the
Commission of the Order revoking its authority to self-insure within 30 days.
Within 120 days, the MSP must file a certificate of insurance with the Chief
Clerk of the Commission and the Manager of the Commission's Financial Analysis
Division or its successor as evidence that a Commercial General Liability
policy has been issued and is valid for a period of not less than one year.
MSPs that qualify to self-insure but are required to provide an unconditional
guarantee, surety bond, letter of credit, or establish an escrow account shall
file:
A) A copy of the latest ratings report presenting the commercial
paper or long-term credit or obligation ratings of the guarantors or financial
institutions that issued the letter of credit, as applicable, between December
1 and December 31 of each year and within 15 days following any downgrade of
such ratings previously filed with the Commission. Within 30 days after a
downgrade of the commercial paper or long-term credit ratings of the guarantors
or financial institutions that issued the letter of credit to a level below the
minimum rating required under this Subpart, the MSP shall submit a report that:
i) identifies the subsection of this Part under which the MSP is
seeking to demonstrate that its financial resources remain sufficient for
providing the services for which it has received a certificate of service
authority; and
ii) includes the information and documents that subsection
requires;
B) If the surety company that issued the surety or license or
permit bond is disqualified as a qualifying surety, the MSP shall have 30 days
from the date that the company is disqualified to obtain a new surety or
license or permit bond from a qualifying surety;
C) Copies of any modified, replacement, or additional
unconditional guarantees, letters of credit, surety bonds, or escrow accounts,
as applicable, at least 15 days in advance of any modification, cancellation,
or expiration of the financial agreements; and
D) A statement presenting the type and balance of securities
deposited in the escrow account, as applicable.