Illinois Adopts Final Marketing, Contracting Rules; Uniform Disclosure Statement to be Developed

The Illinois Commerce Commission adopted as final new rules governing retail electric customer protections, including rules addressing the marketing and contracting of electricity supply.

The final order adopts revisions to 83 Ill. Adm. Code 412 effective January 1, 2013, as the rules have now cleared the Joint Committee on Administrative Rules.

Notably, the final rule does not contain an earlier proposed provision under which a retail electric supplier (RES) would not have been permitted to market power and energy service to residential customers using a similar name (where any part of the retail supplier name contains any part of the utility name) or logo to that of an existing electric utility or natural gas utility in Illinois.

Additionally, the final rule does not include an earlier proposed $50 cap on small volume early termination fees.

Still, the final rule maintains a provision that allows a small volume customer to terminate a contract without any termination fee within 10 business days after the date of the first bill issued to the customer.

The final rule does not contain any restrictions on the hours of door-to-door marketing by retail suppliers, deferring the issue to local municipalities, and does not include any requirement to conduct criminal background checks and drug tests on all potential door-to-door employees, as earlier proposed.

Furthermore, the final order does not include a separate "Do Not Market" list, but requires that, upon a customer's request, a retail supplier shall still refrain from any further marketing to that customer.

Among other things, the final rule addresses minimum contract terms and conditions, and rules for door-to-door marketing (including an ID requirement), telemarketing, direct mail, and online marketing.

Specifically, the rule requires a uniform disclosure statement for small volume sales. While the information required to be included in the uniform disclosure statement is addressed in the rule, a uniform document has not yet been developed.

The Commission directed the Office of Retail Market Development to work with interested parties to develop such a uniform disclosure statement for presentation to the Commission for adoption when complete.

Link to Final Rule

Docket: 09-0592