UTILITIES-ALTERNATIVE SUPPLIER

Amends the Public Utilities Act. Provides that a certificate of service authority granted to an alternative retail electric supplier or alternative gas supplier or a license granted to an agent, broker, or consultant engaged in the procurement or sale of retail electricity supply for third parties is not property and the grant of a certificate or license does not create a property interest. Makes changes in provisions concerning certification of alternative retail electric suppliers; Illinois Commerce Commission oversight of services provided by alternative retail electric suppliers; licensure of agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties; and certification of alternative gas suppliers. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that if the Commission finds that an alternative retail electric supplier has violated specified provisions, it may require a violating alternative retail electric supplier to pay a fine of up to $10,000 (rather than $1,000) into the Public Utility Fund for each violation (rather than each repeated and intentional violation) or, for a pattern of violation or for violations that continue after a cease and desist order (rather than intentionally violating a cease and desist order), revoke the violating alternative retail electric supplier's certificate of service authority. Provides that complaints may be filed with the Commission by a consumer, or by the Commission on its own motion, when it appears that an alternative retail gas supplier has provided service in a manner not in compliance with specified provisions. Provides for actions that the Commission may take if, after notice and hearing, the Commission finds that an alternative retail gas supplier has violated specified provisions. Senate Floor Amendment No. 1 Adds reference to: 220 ILCS 5/19-120 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes. Further amends the Public Utilities Act. Provides that the bonds issued to an applicant for a certificate of service authority as an alternative retail electric supplier or alternative gas supplier may be drawn upon in whole or in part to satisfy any penalties imposed by the Illinois Commerce Commission for a violation of the applicant's duties or obligations, except that the total amount of claims and penalties against the bond shall not exceed the penal sum of the bond and shall not include any consequential or punitive damages. Provides that the Commission shall have jurisdiction to entertain and dispose of any complaint made by the Commission, on its own motion, or by any person or corporation, chamber of commerce, board of trade, or any industrial, commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation (rather than an individual consumer) against any alternative retail electric supplier or alternative gas supplier. Provides that the provisions concerning certification of alternative retail electric suppliers and alternative gas suppliers do not diminish the existing rights of a certificate holder to notice and hearing as proscribed by the Illinois Administrative Procedure Act and in rules adopted by the Commission. Senate Floor Amendment No. 2 Makes technical changes.