Mandate To Consider New Tax on Retail Suppliers Apparently Included In Final Exelon Nuclear Bill

A final version of Exelon's nuclear subsidy bill (SB2814), passed by both the Illinois House and Illinois Senate, apparently includes a mandate that the Illinois Commerce Commission shall consider whether to subject retail electric and natural gas suppliers to an assessment to contribute to the state's Public Utility Fund (which helps fund ICC operations)

Text of an enrolled version of the bill, reflecting all changes adopted in the final bill, was not available as of press time.

However, based upon the amendments adopted by the House and concurred by the Senate, it appears nothing disturbed language in Amendment 5, which was adopted and concurred, which calls for the ICC to study the tax on retail suppliers

Language from Amendment 5 which is believed will be reflected in the enrolled bill provides, "the Commission shall initiate a docketed proceeding in which it shall consider, in addition to assessments from electric and gas utilities subject to this [Public Utility Fund] subsection, the raising of assessments from, or the payment of fees by, water and sewer utilities, entities possessing certificates of service authority as alternative retail electric suppliers under Section 16-115 of this Act, entities possessing certificates of service authority as alternative gas suppliers under Section 19-110 of this Act, and telecommunications carriers providing local exchange telecommunications service or interexchange telecommunications service under sections 13-204 or 13-205 of this Act."

"The amounts so determined shall be based on the costs to the agency of the exercise of its regulatory and supervisory functions with regard to the different industries and service providers subject to the proceeding," Amendment 5 states

Speaking on background, several regulatory affairs directors at retail suppliers told ECM that they believe the retail supplier assessment language made it into the final bill, but cautioned that due to the nature of the legislative process, they could not confirm absent enrolled language.