Confirmed: ICC Must Consider Imposing New Tax on Retail Suppliers Under Exelon Nuclear Subsidy Bill

The enrolled text of the Exelon nuclear subsidy bill has been posted, which confirms that, as expected, the enrolled version of the bill requires the Illinois Commerce Commission to consider imposing a new tax on retail electric and gas suppliers, in the form of an assessment to contribute to the state's Public Utility Fund (which helps fund ICC operations)

Specifically, the enrolled text of SB2814, approved by the House and Senate, provides that the ICC, "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," the enrolled bill provides

In other matters, the enrolled bill transitions renewable energy procurement obligations solely to the Illinois Power Agency, with costs recovered on a nonbypassable basis, effective June 1, 2019, with retail suppliers relieved of the renewable procurement compliance obligation

Also, the enrolled bill affirms the design of the nuclear subsidy zero emissions credit program such that, unlike in New York, Illinois retail suppliers will not be responsible for costs of the ZECs, with ZECs centrally procured with costs recovered by utilities on a nonbypassable basis

The enrolled SB2814 also ostensibly makes retail suppliers subject to reporting requirements regarding procurement goals and spending with female-owned, minority-owned, veteran-owned, and small business enterprises.

Specifically, the enrolled SB2814 provides, "any other supplier of energy within this State," shall be subject to certain reporting requirements applicable to the utilities and (as expanded under the amendment) suppliers of wind energy, solar energy, hydroelectricity, and nuclear energy. Although the bill does not use the term "alternative retail" in describing the "other" suppliers that would be newly subject to the diversity spending reporting requirements, nothing expressly excludes retail suppliers from the broad term "any other supplier of energy."