Illinois Administrative Code
Title 83 - PUBLIC UTILITIES
Part 460 - CERTIFICATION REQUIREMENTS AND STANDARDS OF SERVICE FOR METER SERVICE PROVIDERS
Subpart B - REQUIREMENTS FOR CERTIFICATION
Section 460.100 - Financial Qualifications
Universal Citation: 83 IL Admin Code ยง 460.100
Current through Register Vol. 48, No. 38, September 20, 2024
An applicant that meets and maintains all of the financial requirements described in this Section will be deemed to have sufficient financial resources to provide metering services to electric customers taking service under a utility's delivery services tariffs in the State of Illinois.
a) Creditworthiness
1) The applicant provides a copy of a Dun &
Bradstreet Business Information Report that demonstrates, at a minimum, that the
applicant has a Composite Credit Appraisal of "3" or lower and a PAYDEX score of
"70" or higher. At the time of application for certification, the report shall be no
more than 30 days old.
2) If the
applicant does not have a Dun & Bradstreet Composite Credit Appraisal, the
applicant provides a copy of an Experian Small Business Intelliscore report that
demonstrates, at a minimum, that the applicant has an Intelliscore of "63" or
higher. At the time of application for certification, the report shall be no more
than 30 days old.
b) Insurance
1) The applicant carries commercial
general liability insurance, including Bodily Injury and Property Damage coverage.
This insurance coverage shall be for a minimum of $5 million per occurrence with an
annual aggregate limit of not less than $5 million. The policy shall provide
insurance against third-party injury, including death, and third-party property
damage; including, without limitation, injury to any customer and the employees and
agents of the customer and of the DSP, and damage to the property of the customer
and the DSP, caused by any act or omission of the MSP or of its employees,
contractors, or other agents, in the conduct of the MSP's business. The policy shall
recognize claims brought against the MSP by its customers, and the entity supplying
electricity to the customer and the DSP. The insurance policy shall be valid for a
period of not less than one year. The foregoing coverages shall be primary and shall
not require contribution. The applicant or MSP may provide the coverages through the
use of a primary liability policy or through a combination of primary liability and
umbrella liability policies. However, the total limits of liability shall not be
less than the limits set forth in this subsection (b)(1).
A) The applicant shall provide a certificate of
insurance to the Chief Clerk of the Commission and the Manager of the Financial
Analysis Division or its successor as part of its application for certification. If
the applicant or MSP renews or makes changes in its insurance coverage, the
insurance coverage must be continuous and without interruption. The certificate of
insurance and the insurance policies shall contain a provision that coverage
afforded under the policies shall not be cancelled, allowed to expire, or subjected
to reduction in the limits in any manner unless at least 30 days prior written
notice (10 days notice in the case of nonpayment of premium) has been given to the
Commission.
B) All insurance coverage
required by this Section shall be provided by insurance companies having ratings of
A- or better and financial sizes of VII or larger in the latest edition of Best's
Key Rating Insurance Guide that is in effect as of the issuance date of the
certificate of insurance.
2)
Self-Insurance. The applicant may self-insure its liability exposure if it is
authorized by the Illinois Industrial Commission to provide self-insurance for its
obligations under the Workers' Compensation Act [820 ILCS 305 ]. As part of its
application for certification, the applicant shall provide a copy of its
Self-Insurance Certificate of Approval under Section 4 of the Workers' Compensation
Act or the related rules (50 Ill. Adm. Code
7100.70
). If the applicant is required to furnish security, indemnity, bond, or other
provision for securing its workers' compensation obligations, then it shall be
required to provide an unconditional guarantee, surety bond or standby letter of
credit, or establish an escrow account to cover liability obligations that may be
caused by any act or omission of the MSP or of its employees, contractors, or other
agents, in the conduct of the MSP's business. The unconditional guarantee, surety
bond, or standby letter of credit shall be issued in an amount of $5 million and be
valid for a period of not less than one year.
A)
Unconditional Guarantee. The guarantor shall be an affiliate of the applicant that
maintains at least one of the following commercial paper ratings: A-2 or higher from
Standard & Poor's or its successor, P-2 or higher from Moody's Investor Service
or its successor, D-2 or higher from Duff & Phelps or its successor, or F-2 or
higher from Fitch IBCA or its successor; or at least one of the following long-term
credit ratings: BBB- or higher from Standard & Poor's or its successor, Baa3 or
higher from Moody's Investor Service or its successor, BBB- or higher from Duff
& Phelps or its successor, or BBB- or higher from Fitch IBCA or its successor.
The applicant shall provide a copy of the rating agency reports that present the
ratings of the affiliate that is the guarantor, and the unconditional
guarantee.
B) Surety Bond. The surety
bond or surety bonds shall be issued by a surety authorized to transact business in
the State of Illinois. The surety company issuing the bond shall, at a minimum, be a
qualifying surety. The applicant shall provide a copy of the surety bonds and the
authorization for the surety to transact business in the State of
Illinois.
C) Standby Letter of Credit.
The standby letter of credit shall be irrevocable and issued by a financial
institution with a long-term obligation rating of A- or higher from Standard &
Poor's or its successor, A3 or higher from Moody's Investors Service or its
successor, A- or higher from Duff & Phelps or its successor, or A- or higher
from Fitch IBCA or its successor. The applicant shall provide a copy of the standby
letter of credit and the ratings agency report that presents the long-term
obligation rating of the financial institution extending the credit.
D) Escrow Account. Deposits under escrow
agreements shall be cash, negotiable United States government bonds, or negotiable
general obligation bonds of the State of Illinois. Such cash or bonds shall be
deposited in escrow with any State or national bank or trust company having trust
authority in the State of Illinois. Securities used to fund an escrow account shall
have at all times a market value at least equal to $5 million, the minimum amount of
commercial general liability insurance required under subsection (b)(1). The
applicant shall provide the name and business address of the escrow agent, the
authorization giving the escrow agent trust authority in the State of Illinois, and
a copy of a statement from the escrow agent detailing the type and amount of funds
deposited in the escrow account.
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