| (1) Products and services available on a non-discriminatory
basis. If a utility makes a product or service, other than corporate
support services, available to a competitive affiliate, it shall make
the same product or service available, contemporaneously and in the
same manner, to all similarly situated entities, and it shall apply
its tariffs, prices, terms, conditions, and discounts for those products
and services in the same manner to all similarly situated entities.
A utility shall process all requests for a product or service from
competitive affiliates or similarly situated non-affiliated entities
on a non-discriminatory basis. If a utility's tariff allows for discretion
in its application, the utility shall apply that provision in the
same manner to its competitive affiliates and similarly situated non-affiliates,
as well as to their respective customers. If a utility's tariff allows
no discretion in its application, the utility shall strictly apply
the tariff. A utility shall not use customer-specific contracts to
circumvent these requirements, nor create a product or service arrangement
with its competitive affiliate that is so unique that no competitor
could be similarly situated to utilize the product or service.
(2) Discounts, rebates, fee waivers, or alternative
tariff terms and conditions. If a utility offers its competitive affiliate
or grants a request from its competitive affiliate for a discount,
rebate, fee waiver, or alternative tariff terms and conditions for
any product or service, it must make the same benefit contemporaneously
available, on a non-discriminatory basis, to all similarly situated
non-affiliates. The utility shall post a conspicuous notice on its
Internet site or public electronic bulletin board for at least 30
consecutive calendar days providing the following information: the
name of the competitive affiliate involved in the transaction; the
rate charged; the normal rate or tariff condition; the period for
which the benefit applies; the quantities and the delivery points
involved in the transaction (if any); any conditions or requirements
applicable to the benefit; documentation of any cost differential
underlying the benefit; and the procedures by which non-affiliates
may obtain the same benefit. The utility shall maintain records of
such information for a minimum of three years, and shall make such
records available for third party review within 72 hours of a written
request, or at a time mutually agreeable to the utility and the third
party. A utility shall not create any arrangement with its competitive
affiliate that is so unique that no competitor could be similarly
situated to benefit from the discount, rebate, fee waiver, or alternative
tariff terms and conditions.
(3) Tying arrangements prohibited. Unless otherwise
allowed by the commission through a rule or tariff prior to a utility's
unbundling pursuant to PURA §39.051, a utility shall not condition
the provision of any product, service, pricing benefit, or alternative
terms or conditions upon the purchase of any other good or service
from the utility or its competitive affiliate.
(g) Information safeguards.
(1) Proprietary customer information. A utility shall
provide a customer with the customer's proprietary customer information,
upon request by the customer. Unless a utility obtains prior affirmative
written consent or other verifiable authorization from the customer
as determined by the commission, or unless otherwise permitted under
this subsection, it shall not release any proprietary customer information
to a competitive affiliate or any other entity, other than the customer,
an independent organization as defined by PURA §39.151, or a
provider of corporate support services for the sole purpose of providing
corporate support services in accordance with subsection (e)(2)(A)
of this section. The utility shall maintain records that include the
date, time, and nature of information released when it releases customer
proprietary information to another entity in accordance with this
paragraph. The utility shall maintain records of such information
for a minimum of three years, and shall make the records available
for third party review within 72 hours of a written request, or at
a time mutually agreeable to the utility and the third party. When
the third party requesting review of the records is not the customer,
commission, or Office of Public Utility Counsel, the records may be
redacted in such a way as to protect the customer's identity. If proprietary
customer information is released to an independent organization or
a provider of corporate support services, the independent organization
or entity providing corporate support services is subject to the rules
in this subsection with respect to releasing the information to other
persons.
(A) Exception for law, regulation, or legal process.
A utility may release proprietary customer information to another
entity without customer authorization where authorized or requested
to do so by the commission or where required to do so by law, regulation,
or legal process.
(B) Exception for release to governmental entity. A
utility may release proprietary customer information without customer
authorization to a federal, state, or local governmental entity or
in connection with a court or administrative proceeding involving
the customer or the utility; provided, however, that the utility shall
take all reasonable actions to protect the confidentiality of such
information, including, but not limited to, providing such information
under a confidentiality agreement or protective order, and shall also
promptly notify the affected customer in writing that such information
has been requested.
(C) Exception to facilitate transition to customer
choice. In order to facilitate the transition to customer choice,
a utility may release proprietary customer information to its affiliated
retail electric provider or providers of last resort without authorization
of those customers only during a period prescribed by the commission.
(D) Exception for release to providers of last resort.
On or after January 1, 2002, a utility may provide proprietary customer
information to a provider of last resort without customer authorization
for the purpose of serving customers who have been switched to the
provider of last resort.
(E) Exception for release to State of Texas' Division
of Emergency Management. Beginning January 1, 2011, a utility may
provide proprietary customer information to the State of Texas' Division
of Emergency Management, upon that agency's request for purposes of
identifying the customer as a critical care residential customer pursuant
to §25.497 of this title (relating to Critical Load Industrial
Customers, Critical Load Public Safety Customers, Critical Care Residential
Customers, and Chronic Condition Residential Customers).
(2) Nondiscriminatory availability of aggregate customer
information. A utility may aggregate non-proprietary customer information,
including, but not limited to, information about a utility's energy
purchases, sales, or operations or about a utility's energy-related
goods or services. However, except in circumstances solely involving
the provision of corporate support services in accordance with subsection
(e)(2)(A) of this section, a utility shall aggregate non-proprietary
customer information for a competitive affiliate only if the utility
makes such aggregation service available to all non-affiliates under
the same terms and conditions and at the same price as it is made
available to any of its affiliates. In addition, no later than 24
hours prior to a utility's provision to its competitive affiliate
of aggregate customer information, the utility shall post a conspicuous
notice on its Internet site or other public electronic bulletin board
for at least 30 consecutive calendar days, providing the following
information: the name of the competitive affiliate to which the information
will be provided, the rate charged for the information, a meaningful
description of the information provided, and the procedures by which
non-affiliates may obtain the same information under the same terms
and conditions. The utility shall maintain records of such information
for a minimum of three years, and shall make such records available
for third party review within 72 hours of a written request, or at
a time mutually agreeable to the utility and the third party.
(3) No preferential access to transmission and distribution
information. A utility shall not allow preferential access by its
competitive affiliates to information about its transmission and distribution
systems.
(4) Other limitations on information disclosure. Nothing
in this rule is intended to alter the specific limitations on disclosure
of confidential information in the Texas Utilities Code, the Texas
Government Code, Chapter 552, or the commission's substantive and
procedural rules.
(5) Other information. Except as otherwise allowed
in this subsection, a utility shall not share information, except
for information required to perform allowed corporate support services,
with competitive affiliates unless the utility can prove to the commission
that the sharing will not compromise the public interest prior to
any such sharing. Information that is publicly available, or that
is unrelated in any way to utility activities, may be shared.
Cont'd... |
