MO
Missouri Senate Bill SB487

Missouri 2025 Regular Session

Missouri Senate Bill SB487 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 FIRST REGULAR SESSION
33 SENATE BILL NO. 487
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR SCHROER.
66 1580S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To amend chapter 393, RSMo, by adding thereto thirteen new sections relating to a competitive
99 retail electricity market.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Chapter 393, RSMo, is amended by adding thereto 1
1313 thirteen new sections, to be known as sections 393.2000, 2
1414 393.2003, 393.2006, 393.2009, 393.2012, 393.2015, 393.2018, 3
1515 393.2021, 393.2024, 393.2027, 393.2030, 393.2033, and 393.2036, 4
1616 to read as follows:5
1717 393.2000. 1. Sections 393.2000 to 393.2036 shall be 1
1818 known and may be cited as "The Electrical Choice and 2
1919 Competition Law". 3
2020 2. Consistent with the timelines established in 4
2121 section 393.2006, the provisions of sections 393.2000 to 5
2222 393.2036 shall govern the sale of electric ener gy in the 6
2323 state of Missouri and any provision of law that conflicts 7
2424 with the provisions of sections 393.2000 to 393.2036 shall 8
2525 be null and void. 9
2626 3. For purposes of sections 393.2000 to 393.2036, the 10
2727 commission shall promulgate rules to implement the 11
2828 provisions in sections 393.2000 to 393.2036. Any rule or 12
2929 portion of a rule, as that term is defined in section 13
3030 536.010, that is created under the authority delegated in 14
3131 this section shall become effective only if it complies with 15
3232 and is subject to all of the provisions of chapter 536 and, 16 SB 487 2
3333 if applicable, section 536.028. This section and chapter 17
3434 536 are nonseverable and if any of the powers vested with 18
3535 the general assembly pursuant to chapter 536 to review, to 19
3636 delay the effective date, or to d isapprove and annul a rule 20
3737 are subsequently held unconstitutional, then the grant of 21
3838 rulemaking authority and any rule proposed or adopted after 22
3939 August 28, 2025, shall be invalid and void. 23
4040 393.2003. As used in sections 393.2000 to 39 3.2036, 1
4141 the following terms shall mean: 2
4242 (1) "Aggregation program", a grouping of retail 3
4343 customers into a buying group to purchase energy generation 4
4444 services in bulk from a retail electric supplier; 5
4545 (2) "Anticompetitive conduct" or "discrimin atory 6
4646 conduct", actions by an electric utility that inhibit the 7
4747 ability of retail electric suppliers to provide electric 8
4848 supply to retail customers or that create an impression that 9
4949 any electric supply by an electric utility is superior to 10
5050 offerings in the competitive market or provides an advantage 11
5151 to any related retail electric supplier over nonaffiliated 12
5252 retail electric suppliers; 13
5353 (3) "Commission", the public service commission of the 14
5454 state of Missouri; 15
5555 (4) "Competitive procurement pr ocess", an auction or 16
5656 other competitive process in which wholesale electric 17
5757 suppliers submit bids to supply electric supply to an 18
5858 electric utility for purposes of serving default supply 19
5959 service; 20
6060 (5) "Competitive transition charge", non -bypassable 21
6161 charge mechanism for the recovery of transition or stranded 22
6262 costs by an electric utility over a limited time period; 23
6363 (6) "Default supply service", electric supply service 24
6464 provided by an electric utility, or a non -utility entity 25 SB 487 3
6565 selected by the commission, upon transition to a competitive 26
6666 market for customers who do not choose a retail electric 27
6767 supplier; 28
6868 (7) "Delivery service rates", the charges for the 29
6969 delivery or transmission of electric power or energy; 30
7070 (8) "Dual bill", an invoic ing framework in which a 31
7171 retail customer receives a bill from a retail electric 32
7272 supplier that includes charges for electric supply services 33
7373 and another bill from the electric utility for transmission 34
7474 and distribution services; 35
7575 (9) "Electric supply" or "electric supply services", 36
7676 the sale or purchase of electricity by a retail customer 37
7777 from a retail supplier or from a default supply service 38
7878 provider; 39
7979 (10) "Electric utility" or "investor -owned utilities", 40
8080 an electrical corporation as defin ed in section 386.020. 41
8181 "Electric utility" or "investor -owned utilities" shall not 42
8282 include municipally owned electric utilities operating under 43
8383 chapter 91 or rural electric cooperatives operating under 44
8484 chapter 394, but such municipally owned or rural e lectric 45
8585 cooperatives may choose to opt in to a competitive retail 46
8686 market pursuant the provisions of sections 393.2000 to 47
8787 393.2036; 48
8888 (11) "Energy assistance customers", residential 49
8989 customers who are eligible for energy billing assistance due 50
9090 to their income level and who are enrolled in an energy 51
9191 assistance program; 52
9292 (12) "Hourly prices", charges for default supply 53
9393 service that vary hour to hour and are determined from 54
9494 wholesale market prices using a methodology approved by the 55
9595 commission; 56 SB 487 4
9696 (13) "Independent system operator", an independent and 57
9797 federally regulated entity that coordinates regional 58
9898 transmission to ensure non -discriminatory access to the 59
9999 electric grid and a reliable electricity system; 60
100100 (14) "Large commercial and industrial customer", a 61
101101 customer receiving transmission and distribution service 62
102102 from an electric utility under a non -residential tariff and 63
103103 whose maximum registered peak load is one thousand kilowatt 64
104104 or greater within the last twelve months; 65
105105 (15) "Market power", a company's ability to manipulate 66
106106 the market clearing price of an item by manipulating the 67
107107 level of supply, demand, or both; 68
108108 (16) "Medium commercial or industrial customer", a 69
109109 customer receiving transmission and distribution serv ice 70
110110 from the electric utility under a non -residential tariff and 71
111111 whose maximum registered peak load is one hundred fifty or 72
112112 more kilowatt, but less than one thousand kilowatt, within 73
113113 the last twelve months; 74
114114 (17) "Non-bypassable", a charge that al l customers 75
115115 must pay irrespective of their energy supplier; 76
116116 (18) "Rate unbundling", the process of separating the 77
117117 cost components of delivery services from electric supply 78
118118 services in the electric utility tariffs; 79
119119 (19) "Residential customer" , a customer receiving 80
120120 transmission and distribution service from the electric 81
121121 utility under a residential tariff; 82
122122 (20) "Retail customer", a customer purchasing electric 83
123123 supply from an electric utility supplier or from a retail 84
124124 electric supplier; 85
125125 (21) "Retail electric supplier", a person or entity 86
126126 licensed by the commission to furnish electric supply to 87
127127 retail customers; 88 SB 487 5
128128 (22) "Small commercial or industrial customer", a 89
129129 customer receiving transmission and distribution service 90
130130 from an electric utility under a non -residential tariff and 91
131131 whose maximum registered peak load is less than one hundred 92
132132 fifty kilowatt, within the last twelve months; 93
133133 (23) "Supplier consolidated bill", an invoicing 94
134134 framework in which a single bill is p rovided to a retail 95
135135 customer by a retail electric supplier that includes charges 96
136136 for electric supply services and transmission and 97
137137 distribution services; 98
138138 (24) "Transition costs" or "stranded costs", costs by 99
139139 electric utilities that are not recove rable in a competitive 100
140140 generation market. Such costs include electric generation 101
141141 related assets and other deferred charges, the unfunded 102
142142 portion of nuclear decommissioning costs, environmental 103
143143 expenses previously incurred, cost obligations under long - 104
144144 term contracts, and consumer education and other costs 105
145145 associated with implementing electric choice, in addition to 106
146146 any costs approved by the commission. These costs are to be 107
147147 collected over a limited time period by the competitive 108
148148 transition charge; 109
149149 (25) "Transmission and distribution service", delivery 110
150150 of electricity provided by an electric utility over its 111
151151 transmission and distribution systems; 112
152152 (26) "Utility consolidated bill", an invoicing 113
153153 framework in which a single bill is provide d to a retail 114
154154 customer by an electric utility that includes charges for 115
155155 electric supply services and transmission and distribution 116
156156 services. 117
157157 393.2006. 1. An electric utility shall provide equal 1
158158 and open access to electric supply ov er the electric 2
159159 utility's transmission and distribution systems to allow 3 SB 487 6
160160 retail electric suppliers to sell electricity directly to 4
161161 retail customers in the state. 5
162162 2. Twenty-four months after August 28, 2025, the 6
163163 commission shall permit commercial and industrial customers 7
164164 of electric utilities to choose a retail electric supplier. 8
165165 3. On a time frame selected by the commission, but no 9
166166 later than eighteen months following the date at which 10
167167 commercial and industrial customers are permitted to choose 11
168168 a retail electric supplier, the commission shall permit 12
169169 residential customers to choose a retail electric supplier. 13
170170 Nothing in this section shall adversely affect the ability 14
171171 of energy assistance residential customers to retain access 15
172172 to all financial assistance benefits currently available to 16
173173 qualifying low-income customers, regardless of the retail 17
174174 customer's choice of supplier of electric supply services. 18
175175 393.2009. 1. Each electric utility shall submit to 1
176176 the commission a restructuring plan to assist retail 2
177177 customers to choose a retail electric supplier for electric 3
178178 supply services under section 393.2006. The plan shall be 4
179179 submitted pursuant to a schedule established by the 5
180180 commission on or before the date that is twelve months prior 6
181181 to the date when commercial and industrial customers are 7
182182 able to choose a retail electric supplier. 8
183183 2. A restructuring plan under this section shall 9
184184 include, but is not limited to, the following: 10
185185 (1) Identification of tr ansition costs and an 11
186186 explanation of mitigation efforts taken by electric 12
187187 utilities to minimize such costs; 13
188188 (2) Proposed non-bypassable transition charges for 14
189189 each customer class for the recovery of transition costs; 15 SB 487 7
190190 (3) Proposed unbundled r ates for each retail customer 16
191191 class for generation, transmission, and distribution 17
192192 services; 18
193193 (4) A description of the unbundling process, including 19
194194 an explanation of the steps taken by an electric utility to 20
195195 ensure that the proposed unbundled rat es do not result in 21
196196 the creation of cross -subsidies that adversely affect 22
197197 residential customers; 23
198198 (5) Procedures for ensuring the ability of customers 24
199199 to choose a retail electric supplier for electric supply 25
200200 services; 26
201201 (6) Procedures describing the ability of retail 27
202202 suppliers to obtain historic usage data, and other relevant 28
203203 information for pricing, invoicing, and communication 29
204204 functions with retail customers; 30
205205 (7) Procedures describing the process for electric 31
206206 utilities to provide to retail electric suppliers access to 32
207207 retail customer data necessary for pricing, contracting, 33
208208 dual billing, utility consolidated billing, and supplier 34
209209 consolidated billing functions; 35
210210 (8) Procedures governing the default supply service 36
211211 supply rates; and 37
212212 (9) Tariffs and rate schedules implementing each of 38
213213 the procedures in subdivisions (1) to (8) of this subsection. 39
214214 3. The commission shall review each restructuring plan 40
215215 and, after conducting a hearing, issue an order accepting, 41
216216 modifying, or rejecting the plan no later than six months 42
217217 from the filing date of the plan. If the commission rejects 43
218218 the plan, the commission shall state the specific reasons 44
219219 and order the electric utility to file an alternative plan 45
220220 within thirty days. The commission shall review the 46 SB 487 8
221221 alternative plan and accept comments from interested parties 47
222222 in a timely manner. 48
223223 393.2012. 1. Electric utilities shall unbundle the 1
224224 rates charged for generation, transmission, and distribution 2
225225 services for all customer classes consistent with the 3
226226 provisions of sections 393.2006 and 393.2009. 4
227227 2. Following the implementation of the unbundled rates 5
228228 under this section, the commission shall regulate the 6
229229 manufacture, sale, and distribution of electr icity pursuant 7
230230 to the provisions of sections 393.2000 to 393.2036. 8
231231 393.2015. 1. Each electric utility shall be permitted 1
232232 to recover transition costs pursuant to the time frame under 2
233233 section 393.2006 and the divestiture process unde r section 3
234234 393.2018. 4
235235 2. The commission shall approve the recovery and time 5
236236 periods over which the stranded costs are to be collected by 6
237237 the competitive transition charge. The commission shall 7
238238 take into consideration the electric utility's expecte d rate 8
239239 of return on the generation assets, the proceeds obtained in 9
240240 the divestiture process under section 393.2018, and the 10
241241 effect on a retail customer's electricity costs. The 11
242242 commission may also consider other criteria deemed 12
243243 appropriate by the com mission in assessing the stranded cost 13
244244 recovery and the collection period of such costs. 14
245245 393.2018. 1. At any time prior to and consistent with 1
246246 the timeline under section 393.2006, electric utilities 2
247247 shall divest their generation ass ets. Such generation 3
248248 assets may be divested in one, or both, of the following 4
249249 options with the approval of the commission: 5
250250 (1) Sell generation assets to an unaffiliated entity, 6
251251 or entities, at a fair market value; or 7 SB 487 9
252252 (2) Transfer generation assets to a non-utility 8
253253 affiliate at a fair market value. 9
254254 2. During and after the divestiture process under this 10
255255 section, the commission shall determine whether it is 11
256256 necessary to establish, in addition to existing independent 12
257257 system operator market power protections that may be 13
258258 applicable, an independent market monitor to ensure that no 14
259259 entity owns generation assets in an amount that gives that 15
260260 entity market power. 16
261261 393.2021. 1. Consistent with the time frame for 1
262262 choosing a retail electric supplier pursuant to sections 2
263263 393.2006 and 393.2009, electric utilities shall provide 3
264264 default supply service to retail customers that do not 4
265265 choose a retail electric supplier. 5
266266 2. Default supply service for large commercial and 6
267267 industrial customers shall consist of hourly prices for 7
268268 electric energy, along with any additional costs incurred in 8
269269 the provision of such services by the independent system 9
270270 operator. 10
271271 3. Default supply service for medium commercial and 11
272272 industrial customers shall commence with a rate set every 12
273273 six months through a competitive procurement process along 13
274274 with any additional costs incurred in the provision of such 14
275275 services by the independent system operator. If at any time 15
276276 less than seventy perc ent of the annual megawatt -hour 16
277277 consumption of such rate class is supplied by the electric 17
278278 supply established by the competitive procurement process, 18
279279 the commission shall initiate a proceeding within three 19
280280 months of when the less than seventy percent t hreshold was 20
281281 reached to phase out the electric supply established by the 21
282282 competitive procurement process and replace it with the 22
283283 hourly priced default supply service. 23 SB 487 10
284284 4. Default supply service for small commercial and 24
285285 industrial customers shall c ommence with a rate set annually 25
286286 through a competitive procurement process along with any 26
287287 additional costs incurred in the provision of such services 27
288288 by the independent system operator. If at any time less 28
289289 than sixty percent of the annual megawatt -hour consumption 29
290290 of such rate class is supplied by the electric supply 30
291291 established by the competitive procurement process, the 31
292292 commission shall initiate a proceeding within three months 32
293293 of when the less than sixty percent threshold was reached to 33
294294 phase out the electric supply established by the competitive 34
295295 procurement process and replace it with the hourly priced 35
296296 default supply service. 36
297297 5. Default supply service for residential customers 37
298298 shall commence with a rate set annually through a 38
299299 competitive procurement process along with any additional 39
300300 costs incurred in the provision of such services by the 40
301301 independent system operator. If at any time less than fifty 41
302302 percent of the annual megawatt -hour consumption of such rate 42
303303 class is supplied by the electric supply established by the 43
304304 competitive procurement process, the commission shall 44
305305 initiate a proceeding within three months of when the less 45
306306 than fifty percent threshold was reached to phase out the 46
307307 electric supply established by the competitiv e procurement 47
308308 process and replace it with the hourly priced default supply 48
309309 service or another default supply service approved by the 49
310310 commission. 50
311311 6. The competitive procurement processes under this 51
312312 section shall consist of a wholesale power auctio n or 52
313313 similar competitive process to establish a clearing price or 53
314314 rate including electric supply, capacity, transmission, 54
315315 ancillary services, and other services identified by the 55 SB 487 11
316316 commission, for the retail customers in each rate class that 56
317317 do not choose a retail electric supplier. Such auctions 57
318318 shall occur pursuant to a schedule approved by the 58
319319 commission consistent with the default supply services under 59
320320 this section and as frequently as necessary. 60
321321 7. For each default supply service rate clas s category 61
322322 under this section, the retail rate shall also include all 62
323323 administrative and operational costs, including direct and 63
324324 indirect costs, that are incurred to provide default supply 64
325325 service to retail customers. 65
326326 (1) Direct costs to provide default supply service 66
327327 shall be fully allocated to the rate for each rate class. 67
328328 Indirect or shared costs incurred to provide default supply 68
329329 service shall also be allocated to the rate for each rate 69
330330 class. Allocation of indirect or shared costs shall be 70
331331 determined in accordance with the provisions of this chapter 71
332332 and through a fully allocated cost study performed by the 72
333333 electric utility and presented to the commission, subject to 73
334334 stakeholder input. This cost study shall include each and 74
335335 every cost category that can reasonably be deemed necessary 75
336336 to provide or support the provision of default supply 76
337337 service. 77
338338 (2) Indirect costs to be recovered in the default 78
339339 supply service rate under this section shall be re -evaluated 79
340340 at a time period dee med appropriate by the commission but no 80
341341 later than every six months. A commission-approved tariff 81
342342 shall be established to administer the cost allocation 82
343343 mechanism under this section. 83
344344 8. For each rate class, once an hourly priced default 84
345345 supply service has been in operation for six months, the 85
346346 commission shall initiate a proceeding to establish a 86
347347 process to phase out the default supply service with an 87 SB 487 12
348348 alternative electric supply service provided by one or more 88
349349 retail electric suppliers for th e purpose of supplying 89
350350 retail customers in the rate class who do not choose a 90
351351 retail electric supplier. 91
352352 393.2024. 1. The commission may establish a separate 1
353353 process for the supply of electric supply service for energy 2
354354 assistance customers in each electric utility service 3
355355 geographical area. This process shall include the grouping 4
356356 of the subset of energy assistance residential customers 5
357357 into an aggregation program. 6
358358 2. The aggregation of customers to be supplied 7
359359 electric supply services by a retail supplier shall be 8
360360 chosen by a competitive bidding process for a term length 9
361361 established by the commission. The competitive bidding 10
362362 process may be repeated in advance of the expiration of the 11
363363 initial term length for the next term . 12
364364 3. The retail supplier selected in the competitive 13
365365 bidding process under this section shall offer a price at or 14
366366 below the default supply service rate set annually through a 15
367367 competitive procurement process for residential customers 16
368368 for the same or similar term length. If the electric supply 17
369369 service chosen by a competitive procurement process for 18
370370 default supply service is replaced with an hourly default 19
371371 supply service, the commission may institute an alternative 20
372372 pricing threshold for purposes of the energy assistance 21
373373 customer aggregation program under this section. 22
374374 4. Energy assistance customers shall have the ability 23
375375 to opt-out of the electric supply service aggregation 24
376376 program. If the energy assistance customers choose to opt - 25
377377 out, such customers shall no longer be eligible for any 26
378378 energy assistance relief. 27 SB 487 13
379379 5. The commission shall hold a public hearing 28
380380 regarding the energy assistance residential customers 29
381381 aggregation program under this section prior to the 30
382382 implementation of the aggregation program. 31
383383 393.2027. 1. All electric utilities shall provide 1
384384 open and nondiscriminatory access to their data and systems 2
385385 as needed to retail electric suppliers. All electric 3
386386 utilities shall continue to provide mete ring services but 4
387387 customer-specific data and other relevant customer 5
388388 information shall be made available to retail electric 6
389389 suppliers so long as the retail electric suppliers receive a 7
390390 retail customer's consent for the release of the customer 8
391391 data. 9
392392 2. The commission shall develop a process to obtain 10
393393 customer consent for the release of customer data under this 11
394394 section. Commonly used digital signatures or similar 12
395395 methods consistent with the current technological 13
396396 capabilities shall be sufficien t to receive customer consent. 14
397397 3. Customer data under this section shall include: 15
398398 (1) At least two years of customer usage and metering 16
399399 data and other information, including, but not limited to, 17
400400 customer details, transmission details, or any issues with 18
401401 transmission, distribution, or billing; 19
402402 (2) Monthly summaries and hourly interval data, if 20
403403 available, of customer usage at the kilowatt -hour and 21
404404 kilowatt measurements. 22
405405 4. During the time period when a retail customer 23
406406 receives electric supply from a retail electric supplier, 24
407407 the electric utility shall make available to the retail 25
408408 electric supplier customer usage data under subsection 3 of 26
409409 this section as necessary to facilitate invoicing in a 27
410410 timely manner. 28 SB 487 14
411411 5. Retail customers shall be able to select their 29
412412 preferred billing method including, but not limited to, a 30
413413 utility consolidated bill of electric supply services and 31
414414 delivery service rates, a retail electric supplier 32
415415 consolidated bill of electric supply services an d delivery 33
416416 service rates, as well as the dual billing option for such 34
417417 charges. 35
418418 6. The dual billing option shall be available at the 36
419419 time commercial and industrial customers choose their retail 37
420420 supplier for electric supply services pursuant to sec tion 38
421421 393.2006. 39
422422 7. The commission shall promulgate rules to develop 40
423423 the necessary procedures and requirements to implement the 41
424424 utility consolidated billing and supplier consolidated 42
425425 billing methods under this section to be available at the 43
426426 time residential customers choose their retail electric 44
427427 supplier. 45
428428 8. Within six months after residential customers 46
429429 choose a retail electric supplier, electric utilities shall 47
430430 implement an accelerated switching process where residential 48
431431 customers may change retail electric suppliers within three 49
432432 business days after the customers are permitted to choose a 50
433433 retail electric supplier pursuant to the provision of 51
434434 section 393.2006. Additionally, residential and small 52
435435 commercial and industrial customers mov ing within an 53
436436 electric utility's geographic service area shall continue to 54
437437 receive electric supply services from the same retail 55
438438 electric supplier without being required to switch to a 56
439439 different retail electric supplier. 57
440440 9. The commission shall h ave the authority to 58
441441 investigate and establish rules for additional programs 59
442442 designed to improve the retail customer's experience in 60 SB 487 15
443443 choosing a retail electric supplier for electric supply 61
444444 services. Such programs may include, but are not limited 62
445445 to, net-metering incentives, community solar programs, 63
446446 customer referrals, and municipal aggregation programs. 64
447447 393.2030. 1. Six months after August 28, 2025, the 1
448448 commission shall develop a customer education program to 2
449449 ensure that all retail customers have access to accurate 3
450450 information about their ability to choose a retail electric 4
451451 supplier. The program shall explore ways for the commission 5
452452 to work with electric utilities and retail electric 6
453453 suppliers to distribute educational pie ces as well as 7
454454 appropriate cost recovery from all customers to support the 8
455455 customer education program. The commission may delegate to 9
456456 the office of retail market development under section 10
457457 393.2033 some or all the administrative work required in the 11
458458 development of the customer education program. 12
459459 2. To the extent the cost of the customer education 13
460460 program are known when the restructuring plans under section 14
461461 393.2009 are submitted to the commission, costs may be 15
462462 approved for recovery through the non-bypassable competitive 16
463463 transition charge. 17
464464 3. The commission shall explore the use of a website 18
465465 that explains a retail electric supplier's services and 19
466466 makes comparisons between the electric supply services and 20
467467 related products being offered by retail electric suppliers. 21
468468 393.2033. 1. The commission shall establish the 1
469469 "Office of Retail Market Development and Oversight", to be 2
470470 funded by an annual assessment of retail electric suppliers 3
471471 based on a formula to be determined by the commission not to 4
472472 exceed twenty thousand dollars annually per license under 5
473473 section 393.2036. 6 SB 487 16
474474 (1) The office shall have the authority to seek input 7
475475 from all interested parties and to develop a thorough 8
476476 understanding and critical analyses of the tools and 9
477477 techniques used to promote retail energy competition. 10
478478 (2) The office shall monitor existing competitive 11
479479 power market related conditions in the state, identify 12
480480 barriers to retail competition for all customer classes, and 13
481481 actively explore and propose to the commission solutions to 14
482482 overcome identified barriers and enhance the competitive 15
483483 retail power market. 16
484484 (3) The office shall publish a report at the request 17
485485 of the commission, but no less than annually. The report 18
486486 shall include a number of complaints filed against each 19
487487 retail electric supplier, steps taken to resolve the 20
488488 complaints, and any other information deemed relevant by the 21
489489 office. 22
490490 (4) The office shall have the authority to address any 23
491491 violations by a retail electric supplier through an 24
492492 imposition of a probationary status which may include, but 25
493493 is not be limited to, enhanced oversight and additional 26
494494 reporting requirements. 27
495495 (5) The office shall submit to the commission any 28
496496 recommendation for suspe nsion or revocation of a retail 29
497497 supplier's license if a violation occurred. 30
498498 (6) The office shall develop and implement a 31
499499 commission-approved online-training program that requires a 32
500500 designated representative for each retail electric 33
501501 supplier. By participating in the program, the designated 34
502502 representative shall demonstrate a thorough understanding of 35
503503 the commission's regulations regarding electric supply 36
504504 services, consumer protection, and any other matter the 37
505505 commission deems appropriate. 38 SB 487 17
506506 (7) At the conclusion of the online -training program 39
507507 under subdivision (6) of this subsection, the office shall 40
508508 conduct an online examination and, on a satisfactory score, 41
509509 certify that the designated representative of the retail 42
510510 electric supplier has successfully completed the online - 43
511511 training program in a timely manner. 44
512512 (8) The office shall determine the schedule and 45
513513 frequency by which a designated representative of a retail 46
514514 electric supplier shall complete the training and 47
515515 certification. The commission shall not issue a license to 48
516516 a retail electric supplier for the provision of electric 49
517517 supply service in the state until a designated 50
518518 representative has completed the online -training program and 51
519519 received the certification. 52
520520 2. The office shall make recommendations to the 53
521521 commission concerning the establishment of guidelines for 54
522522 the provision of electric supply services to residential 55
523523 customers that ensure: 56
524524 (1) Accurate and adequate pricing information through 57
525525 marketing and disclosure statements; 58
526526 (2) An understandable format that enables comparing 59
527527 prices and services on a uniform basis; and 60
528528 (3) Processes to confirm and document a customer's 61
529529 intent to switch retail electric suppliers to avoid any 62
530530 unauthorized switches of retail electric suppliers for 63
531531 electric supply services. 64
532532 3. The office, at the discretion of the commission, 65
533533 may be tasked with some or all of the administrative work 66
534534 required in the development of the guidelines under 67
535535 subsection 2 of this section. 68
536536 393.2036. 1. No person or company shall engage in the 1
537537 business of electric supply services in this state unless 2 SB 487 18
538538 the person or company holds a retail electric supplier 3
539539 license issued by the commission. 4
540540 2. The commission shall develop a licensing process to 5
541541 ensure retail electric suppliers seeking to do business in 6
542542 the state are capable of providing adequate electric supply 7
543543 service in the state. The licensing process shall include, 8
544544 but is not limited to: 9
545545 (1) An application to gather information as to whether 10
546546 an applicant has the capacity to provide electric supply 11
547547 service in the state; 12
548548 (2) Internal procedures to process the application 13
549549 under this section no later than ninety days after the 14
550550 application is submitted; 15
551551 (3) Establishing reasonable financial requirements to 16
552552 ensure an applicant is capable of providing electric supply 17
553553 service in the state; 18
554554 (4) A licensing fee and a bond or other financial 19
555555 surety instrument issued by a qualifying financial 20
556556 institution authorized to do business in the state. 21
557557 (a) The amount of the licensing fee shall not exceed 22
558558 ten thousand dollars. 23
559559 (b) The amount of the surety shall equal five hundred 24
560560 thousand dollars per retail electric supplier lic ense issued 25
561561 by the commission. 26
562562 (c) The financial surety shall be conditioned upon the 27
563563 full and faithful performance of all duties and obligations 28
564564 of the applicant as a retail electric supplier and shall be 29
565565 valid for a period of not less than one year. The cost of 30
566566 the surety shall be paid by the applicant. The applicant 31
567567 shall submit a copy of the surety with a notarized 32
568568 verification page from the issuer together with the 33
569569 application; 34 SB 487 19
570570 (5) Training to ensure the applicant shall comply wit h 35
571571 all state laws and commission rules. 36
572572 3. The commission shall monitor the retail power 37
573573 market for the supply and distribution of electricity to 38
574574 retail customers to ensure retail electric suppliers are not 39
575575 engaged in anticompetitive or discrimina tory practices. 40
576576 (1) If the commission finds that a retail electric 41
577577 supplier engaged in anticompetitive or discriminatory 42
578578 practices, the commission shall request the attorney general 43
579579 to commence a civil action against the retail electric 44
580580 supplier in a court of competent jurisdiction. 45
581581 (2) If the court finds that a violation occurred, the 46
582582 court may impose civil penalties in the amount not to exceed 47
583583 one hundred thousand dollars per violation, damages, 48
584584 injunctive relief, attorney fees, and any such other relief 49
585585 the court finds appropriate. 50
586586 (3) Any proceedings initiated pursuant to this section 51
587587 shall be subject to the provisions of sections 386.400 to 52
588588 386.610 and sections 386.700 and 386.710. Provisions of 53
589589 sections 393.2000 to 393.203 6 that are applicable to 54
590590 proceedings involving electric utilities shall also apply to 55
591591 retail electric suppliers. 56
592592