| component shall consider the original
cost of the associated assets and a reasonable return. Such internal prices
may include an allowance for transfers to a municipal general fund at the
discretion of the municipality.
(10) Large transmission and distribution business unit (TDBU)--A
TDBU that:
(A) delivers total metered electric energy through its system
for sale at retail for the average of the three most recent calendar years
greater than 6,000,000 MWh; and
(B) is otherwise subject to the provisions of this section
as provided in subsection (b)(1) of this section.
(11) Mid-size transmission and distribution business unit (TDBU)--A
TDBU that:
(A) delivers total metered electric energy through its system
for sale at retail for the average of the three most recent calendar years
that is less than or equal to 6,000,000 MWh and is greater than 500,000 MWh;
and
(B) is otherwise subject to the provisions of this section
as provided in subsection (b)(1) and (b)(4) of this section.
(12) Municipally owned utility/electric cooperative (MOU/COOP)--A
municipally owned utility (MOU) as defined in PURA §11.003(11) or an
electric cooperative (COOP) as defined in PURA §11.003(9). As used in
this section, MOU/COOP does not include a competitive affiliate but does include
an MOU, a COOP, or a river authority that has an affiliate relationship with
a TDBU that is a division or part of the MOU/COOP.
(13) Proprietary customer information--Any information compiled
by a TDBU on a customer in the normal course of providing electric service
that makes possible the identification of any individual customer by matching
such information with the customer's name, address, account number, type or
classification of service, historical electricity usage, expected patterns
of use, types of facilities used in providing service, individual contract
terms and conditions, price, current charges, billing records, or any other
information that the customer has expressly requested not be disclosed. Information
that is redacted or organized in such a way as to make it impossible to identify
the customer to whom the information relates does not constitute proprietary
customer information.
(14) Small transmission and distribution business unit (TDBU)--A
TDBU that:
(A) delivers total metered electric energy through its system
for sale at retail of less than 500,000 MWh for the average of the three most
recent calendar years; and
(B) is otherwise subject to the provisions of this section
as provided in subsection (b)(1) and (b)(3) of this section.
(15) Transaction--Any interaction between a TDBU and its competitive
affiliates in which a service, asset, product, property, right, or other item
is transferred or received by either the TDBU or its competitive affiliates.
(16) Transmission and distribution business unit (TDBU)--The
business unit of an MOU/COOP, whether structurally unbundled as a separate
legal entity or functionally unbundled as a division, that owns or operates
for compensation in this state equipment or facilities to transmit or distribute
electricity at retail, except for facilities necessary to interconnect a generation
facility with the transmission or distribution network, a facility not dedicated
to public use, or a facility otherwise excluded from the definition of electric
utility in a qualifying power region certified under PURA §39.152. TDBU
does not include an MOU/COOP that owns, controls, or is an affiliate of the
TDBU if the TDBU is organized as a separate corporation or other legally distinct
entity. Except as specifically authorized by statute, a TDBU shall not provide
competitive energy-related activities.
(d) Annual report of code-related activities. A report of activities
related to this section shall be filed annually with the commission. Using
forms approved by the commission, a TDBU shall report activities among itself
and its competitive affiliates in accordance with the requirements of this
section. The report shall be filed by June 1, and shall encompass the period
from January 1 through December 31 of the preceding year during which the
MOU/COOP was subject to this section.
(e) Copies of contracts or agreements. A TDBU shall reduce
to writing and file with the commission copies of any contracts or agreements
it has with its competitive affiliates. The filing of an earnings report does
not satisfy the requirements of this section. All contracts or agreements
shall be filed by June 1 of each year as attachments to the annual report
of code-related activities required in subsection (d) of this section. In
subsequent years, if no significant changes have been made to the contract
or agreement, an amendment sheet may be filed in lieu of refiling the entire
contract or agreement.
(f) Tracking migration and sharing of employees. An MOU/COOP
shall track and document the movement between the TDBU and its competitive
affiliates of all employees engaged in transmission or distribution system
operations, including persons employed by the MOU/COOP who are engaged in
transmission or distribution system operations on a day-to-day basis or who
have knowledge of transmission or distribution system operations. An MOU/COOP
shall also document the assignment of shared employees engaged in both transmission
or distribution system operations and competitive energy-related activities,
if any. Employee migration and sharing information shall be included in the
MOU/COOP's annual report of code-related activities. For migrating employees,
the tracking information shall include an identification code, the respective
titles held while employed at the TDBU and the competitive affiliate, and
the effective dates of the migration. For shared employees, the tracking information
shall include the employees' name, job title, scope of activities, and allocation
of time to transmission and distribution functions and competitive energy-related
activities.
(g) Reporting deviations from the code of conduct. A TDBU shall
report information regarding the instances in which deviations from this section
were necessary to ensure public safety or system reliability pursuant to this
section. The information reported shall include the nature of the circumstances
involved and the date of the deviation. Within 30 days of each deviation relating
to a competitive affiliate, the MOU/COOP shall report this information to
the commission and shall conspicuously post the information on its Internet
site or a public electronic bulletin board for 30 consecutive calendar days.
Information regarding a deviation shall be summarized in the MOU/COOP's annual
report of code-related activities.
(h) Ensuring compliance for new competitive affiliates. An
MOU/COOP and a new competitive affiliate are bound by this code of conduct,
to the extent applicable, immediately upon creation of the new competitive
affiliate. The MOU/COOP shall post a conspicuous notice of any newly created
competitive affiliates on its Internet site or a public electronic bulletin
board for 30 consecutive calendar days. Additionally, the MOU/COOP shall ensure
that its annual report of code-related activities reflects all changes that
result from the creation of new competitive affiliates.
(i) Separation of a TDBU from its competitive affiliates.
(1) Sharing of employees, officers and directors, property,
equipment, computer and information systems, other resources, and corporate
support services. An MOU/COOP and its competitive affiliate may share common
employees, officers and trustees/directors, property, equipment, computer
and information systems, other resources, and corporate support services,
if the TDBU implements safeguards that the commission determines are adequate
to preclude employees of a competitive affiliate from gaining access to confidential
information in a manner that would allow or provide a means to transfer confidential
information from the TDBU to the competitive affiliate, create an opportunity
for preferential treatment or unfair competitive advantage, lead to customer
confusion, or create significant opportunities for cross-subsidization of
a competitive affiliate.
(2) Employee transfers and temporary assignments.
(A) An MOU/COOP shall not assign to a competitive affiliate
for less than one year employees engaged in transmission or distribution system
operations unless safeguards are in place to prevent transfer of confidential
information. TDBU employees engaged in transmission or distribution system
operations, including persons employed by a structurally unbundled service
company affiliate of the TDBU who are engaged on a day-to-day basis in or
have knowledge of transmission or distribution system operations and are transferred
to a competitive affiliate, shall not remove or otherwise provide or use confidential
information or information gained from the TDBU or affiliated service company,
in a discriminatory or exclusive fashion to the benefit of the competitive
affiliate or to the detriment of non-affiliated electric suppliers.
Cont'd... |
