Section 518.100  Definitions

 

For the purposes of this Part:

 

"Act" means the Public Utilities Act [220 ILCS 5/];

 

"Department" means the Illinois Department of Revenue;

 

"Electric utility" shall have the meaning set forth in Section 16-102 of the Public Utilities Act [220 ILCS 5/16-102]; and

 

"Retail customer" shall have the meaning set forth in Section 16-102 of the Public Utilities Act.

 

Section 518.110  Nature of Energy Transition Assistance Charge

 

a)         An electric utility serving more than 500,000 customers shall assess an energy transition assistance charge on all its retail customers.

 

b)         For each utility serving more than 500,000 customers, the charge shall be recovered through a single, uniform cents per kilowatt-hour charge applicable to all retail customers. For each utility, the charge shall not exceed 1.3% of the amount paid per kilowatt-hour by those customers during the year ending May 31, 2009. [220 ILCS 5/16-108.30(b)]

 

c)         The energy transition assistance charge shall be considered a charge for public utility service. [220 ILCS 5/16-108.30(d)]

 

Section 518.120  Energy Transition Assistance Charge Rate

 

a)         The Energy Transition Assistance Charge is determined by the Department of Commerce and Economic Opportunity pursuant to Section 605-1075 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois.

 

b)         After each electric utility serving more than 500,000 customers in the State has filed an initial tariff with the Illinois Commerce Commission implementing the energy transition assistance charge, each electric utility serving more than 500,000 customers in the State shall, prior to the beginning of each calendar year starting with the calendar year 2023, file with the Illinois Commerce Commission tariff revisions to incorporate annual revisions to the energy transition assistance charge as prescribed by the Department of Commerce and Economic Opportunity pursuant to Section 605-1075 of the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois so that such revision becomes effective no later than the beginning of the first billing cycle in each respective year. [220 ILCS 5/16-108.30(c)]

 

c)         No later than 5 business days after an electric utility files tariff revisions with the Illinois Commerce Commission to incorporate annual revisions to the energy transition assistance charge, the electric utility shall provide a copy of the tariff to the Department.

 

Section 518.130  Energy Transition Assistance Charge Returns

 

a)         By the 20th day of the month following the month in which the energy transition assistance charges were collected, each electric utility serving more than 500,000 customers in the State shall remit to Department all moneys received as payment of the energy transition assistance charge.

 

b)         If a customer makes a partial payment, a public utility may apply such partial payments first to amounts owed to the utility. [220 ILCS 5/16-108.30(e)]

 

c)         If any payment provided for in this Part exceeds the electric utility's liabilities under this Act, as shown on an original return, the electric utility is authorized to credit such excess payment against liability subsequently to be remitted to the Department under this Part.

 

d)         The return required to be filed under this Section shall be signed and verified and contain the following information:

 

1)         the name of the electric utility;

 

2)         the address of the electric utility;

 

3)         the Illinois Account Identification Number, Federal Employer Identification Number, or Registration Number;

 

4)         the total number of retail customers upon which the Energy Transition Assistance Charge was imposed for the period of the return;

 

5)         the total number of kilowatt-hours of energy delivered to retail customers for which the Energy Transition Assistance Charge was collected during the liability period;

 

6)         the total amount of Energy Transition Assistance Charges collected for the for the period of the return;

 

7)         any credit for excess payments of the Energy Transition Assistance Charge paid in preceding months;

 

8)         total amount remitted for the period of the return; and

 

9)         such other information as the Department of Revenue may reasonably require.

 

Section 518.140  Incorporation by Reference

 

All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act that are not inconsistent with the Act apply, as far as practicable, to the charge imposed by the Act to the same extent as if those provisions were included in the Act. References in the incorporated Sections of the Retailers' Occupation Tax Act to retailers, to sellers, or to persons engaged in the business of selling tangible personal property mean persons required to remit the charge imposed by Section 16-108.30 of the Public Utilities Act. [220 ILCS 5/16-108.30(e)]