83 Ill. Adm. Code 470.240
RES Customers
Section 470.240 RES Customers
a) The
Aggregation Supplier shall verify that residential and small commercial retail customers
receiving, or pending to receive, non-aggregation RES service have been sent
the disclosures identified in this subsection (a), as evidenced by a written
verification from the Governmental Aggregator, or by the Aggregation Supplier
having sent the disclosures. The disclosures to customers receiving or pending
to receive non-aggregation RES service shall contain the following information:
1) Notification
that an Aggregation Program is currently on-going in their municipality,
township or unincorporated area;
2) A
disclosure that adequately describes, in plain language, the prices, terms and
conditions of the products and services being offered to the customer;
3) If
the Aggregation Program contains a fee for the early termination from the program
by the customer, the amount of that fee;
4) A
description of the affirmative action necessary for the customer to join the
Aggregation Program;
5) In
addition, the body of the notice shall contain, in type size no smaller than
the largest type size used in the body of the notice, the following statement:
"This notice is informational
only. Your electric utility has informed us that you are currently served or
have chosen to be served by a competitive retail electric supplier. If you want
to continue to receive service from your chosen supplier, you do not need to
take any additional action. Consult your contract or contact your chosen
supplier for further details if you have questions about your contract,
including whether you have a cancellation fee for early termination."
b) In
the event the Aggregation Supplier sends the disclosures identified in
subsection (a), the Aggregation Supplier shall send the required disclosure
notice only one time during the term of the contract between the Governmental Aggregator
and the Aggregation Supplier. The Aggregation Supplier shall send no additional
disclosure notices to residential and small commercial retail customers
receiving, or pending to receive, non-aggregation RES service during the
remainder of the term of the contract between the Governmental Aggregator and
the Aggregation Supplier.
c) Within
45 calendar days after the Aggregation Supplier sends the disclosure notice
required by subsection (a), the Aggregation Supplier shall destroy all
customer-specific information provided to it by the Governmental Aggregator or
the utility regarding those customers.
d) The
customer-specific information of customers receiving or pending to receive
non-aggregation RES service that is provided to the Aggregation Supplier for
purposes of providing the notices required by subsection (a) shall not be
utilized by the Aggregation Supplier for marketing purposes.
e) If
the Aggregation Supplier receives the account numbers of customers receiving,
or pending to receive, non-aggregation RES service in the Aggregate Area as
part of a list of account numbers created by the electric utility and supplied
to the Aggregation Supplier by the Governmental Aggregator, the Aggregation
Supplier shall not utilize those customer account numbers for any purpose and
shall immediately destroy the customer account numbers or return them to the
Governmental Aggregator.
f) Disclosures
sent to customers receiving, or pending to receive, non-aggregation RES service
shall not contain a comparison of the proposed aggregation rate to the customer's
current RES rate, but may include the information contained in Section
470.210(b)(4).
g) If an
Aggregation Supplier receives a request from a RES customer to join the
Aggregation Program, the Aggregation Supplier shall inform the RES customer
that he/she may be subject to fees for early termination pursuant to his/her
current RES contract.
h) In the
case of an Opt-out Aggregation Program, the Aggregation Supplier shall not
switch RES customers to the Aggregation Program unless the RES customer elects
to opt in. The Aggregation Supplier shall verify a RES customer's request to
join the Aggregation Program in the same manner as an electric service provider
confirms a change in a customer's selection of a provider of electric service
under Section 2EE(a) through (c) of the Consumer Fraud and Deceptive Business
Practices Act.