Illinois Administrative Code
Title 83 - PUBLIC UTILITIES
Part 275 - PROMOTIONAL PRACTICES OF ELECTRIC AND GAS PUBLIC UTILITIES
Section 275.20 - Definitions
Universal Citation: 83 IL Admin Code ยง 275.20
Current through Register Vol. 48, No. 38, September 20, 2024
As used herein, the term:
a) "Affiliate of a Public Utility" shall include any individual or corporation which directly or indirectly controls, or is controlled by, or is under common control with, a public utility;
b) "Electric and Gas Public Utility" shall have the meaning assigned to it in Section 3-105 of the Public Utilities Act (Ill. Rev. Stat. 1991, ch. 111 2/3, par. 3-105) [220 ILCS 5/3-105] ;
c) "Promotional Practices or Allowances" shall mean:
1) Any payment, donation, gift, subsidy,
conveyance, transfer or other consideration (whether in cash, property, merchandise,
labor or as a guarantee) granted to any group, corporation or individual for the
purpose or evident design of inducing the recipient to:
A) Purchase, select or use the service or
additional service of the public utility;
B) Purchase or install equipment, facilities or
appliances designed to use such utility service;
C) Specify the purchase or installation of
equipment, facilities or appliances designed to use such utility service.
2) Subsections (c)(1)(A) through
(c)(1)(C) above shall include, without limitation:
A) Free, or less than cost, installation,
operation, repair, modification or maintenance of equipment, facilities or
appliances of any other person;
B) Free,
or less than cost, public utility service;
C) Free, or less than cost, non-utility
professional service except payments to architects or engineers for feasibility
studies made on behalf of the utilities;
D) Payment of cash or other considerations to
architects, builders, subdividers, developers or others in the same category for
work done on property not owned by the utility;
E) Less than cost financing of the purchase price
of equipment, facilities or appliances;
F) Guarantees as to the maximum amount of bills
for utility service;
G) Financing
assistance - the extension of credit, making of a loan or investment, directly or
indirectly, to any group, corporation or individual by any means whatsoever
including, without limitation, loans, advances, guarantees, investments, leases,
sale and repurchase or sale and lease-back agreements, sales on open account and
conditional or installment sales contracts;
H) Discounts or allowances (including trade-in
allowances, cash, merchandise or labor) for the purchase or service of air
conditioning or heating equipment, stoves, refrigerators, washing machines, dryers
or other appliances;
I) Installation of
free, or less than cost, wiring, piping or other facilities on the customer's side
of a service entrance;
J) Advertising or
contributing to advertising on account of a customer or potential user of the
utility's service.
3)
Exceptions: Notwithstanding the foregoing definitions, the following shall not be
considered as a promotional practice or allowance:
A) Making emergency repairs to equipment,
facilities or appliances of customers;
B) Offering allowances or financing assistance to
employees of the utility to encourage employees' use of the utility's
service;
C) Ownership by the utility of
equipment for the utilization of its service when such ownership is incidental to
demonstrations of sixty days or less in duration;
D) Providing light bulbs, street or outdoor
lighting service, service pipe or other service equipment or facilities, in
accordance with rate schedules filed with and approved by the Commission;
E) Providing appliances to an educational
institution for the purpose of instructing students in the use of such
appliances;
F) Selling household
appliances at retail and, in connection therewith, the holding of inventories,
making and fulfillment of reasonable warranties against defects in material and
workmanship existing at the time of delivery and the extension of credit, provided
that the effective rate of interest on any deferred payments and the terms with
respect thereto shall not be more favorable than those generally applicable to sales
by non-utility dealers in such appliances, and provided that no such sale be made by
the utility below its invoice cost and that no trade-in allowance in excess of
market value may be made;
G) Any action
consistent with such rules as the Commission may, from time to time, adopt with
respect to standards of service, local ordinances, franchises and
contributions;
H) As of January 1, 1994,
practices or allowances which are part of a program designed to utilize economical
means of conservation, non-conventional technologies relying on renewable energy
resources, cogeneration, and improvement in energy efficiency as approved by the
Commission as part of a utility's least-cost plan.
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