| (B) Exception for release to governmental entity. Without customer
authorization, a TDBU may release proprietary customer information to a federal,
state, or local governmental entity or in connection with a court or administrative
proceeding involving the customer or the TDBU, provided however, that the
TDBU 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, an MOU/COOP may
release proprietary customer information to its competitive affiliate without
authorization of those customers, where either entity will be exercising the
function of retail electric provider or provider of last resort, provided
however, that such information may be released only during the six-month period
prior to implementation of customer choice, during the six-month period prior
to implementation or expansion of a pilot project, or such additional periods
as may be prescribed by the commission.
(D) Exception for release to providers of last resort. On or
after January 1, 2002, a TDBU 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 customer's selected competitive
retailer. Subject to demonstration by the competitive retailer that the customer
has selected that competitive retailer, a TDBU shall release proprietary customer
information for a particular customer to the competitive retailer chosen by
that customer in connection with provision of metering data or otherwise in
compliance with the Access Tariff applicable to the TDBU under PURA §39.203.
(2) Nondiscriminatory availability of aggregate customer information.
A TDBU may aggregate non-proprietary customer information, including, but
not limited to, information about a TDBU's energy-related goods or services.
However, except in circumstances solely involving the provision of corporate
support services in accordance with subsection (j)(3) of this section, a TDBU
shall aggregate non-proprietary customer information for a competitive affiliate
only if the TDBU makes such aggregation service available to all non-affiliates
under the same terms and conditions and at the same price or fully allocated
cost as it is made available to any of its competitive affiliates. In addition,
no later than 24 hours prior to a TDBU's provision to its competitive affiliate
of aggregate customer information, the TDBU 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 or cost allocated for the information, a meaningful description
of the information provided, and the procedures by which non-affiliates may
obtain the same information under the terms and conditions. The TDBU shall
maintain records of such disclosure information for a minimum of three years
and shall make such records available for third party review within three
business days of a written request or at a time mutually agreeable to the
TDBU and the third party.
(3) No preferential access to transmission and distribution
information. A TDBU 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 TDBU shall not share information with competitive affiliates,
except for information required to perform allowed corporate support services
unless the TDBU 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.
(m) Safeguards relating to joint marketing and advertising.
(1) Name and logo. A TDBU may not, prior to September 1, 2005,
allow the use of its corporate trademark, name, brand, or logo by a CS on
employee business cards or in any written or auditory advertisements of specific
services to existing or potential residential or small commercial customers
located within the TDBU's certificated service area, whether through radio
or television, Internet-based, or other electronic format accessible to the
public unless the CS includes a disclaimer with its use of the TDBU's corporate
trademark, name, brand, or logo. Such disclaimer of the corporate trademark,
name, brand, or logo in the material distributed must be written in a bold
and conspicuous manner or clearly audible, as appropriate for the communication
medium, and shall state the following: "{Name of CS} is not the same entity
as {name of TDBU} and you do not have to buy {name of CS}'s products to continue
to receive quality services from {name of TDBU}." A TDBU may allow the use
of its corporate name, brand, or logo by a CD in any context.
(2) Joint marketing, advertising, and promotional activities.
(A) A TDBU shall not:
(i) provide or acquire leads on behalf of its competitive affiliates;
(ii) solicit business or acquire information on behalf of its
competitive affiliates;
(iii) give the appearance of speaking or acting on behalf of
any of its competitive affiliates in connection with any marketing, advertising
or promotional activities, other than community economic development activities;
(iv) share market analysis reports or other types of proprietary
or non-publicly available reports relating to retail energy sales, including,
but not limited to, market forecast, planning, or strategic reports with its
competitive affiliates; or
(v) request authorization from its customers to pass on information
exclusively to its competitive affiliate.
(B) A TDBU shall not engage in joint marketing, advertising,
or promotional activities of its products or services with those of a competitive
affiliate in a manner that favors the competitive affiliate. Such joint marketing,
advertising, or promotional activities include, but are not limited to, the
following activities:
(i) acting or appearing to act on behalf of a competitive affiliate
in any communications and contacts with any existing or potential customers;
(ii) joint sales calls;
(iii) joint proposals, either as requests for proposals or
responses to requests for proposals;
(iv) joint promotional communications or correspondence, except
that a TDBU may allow a competitive affiliate access to customer bill advertising
inserts so long as access to such inserts is made available on the same terms
and conditions to non-affiliates offering similar services as the competitive
affiliate that uses bill inserts;
(v) joint presentations at trade shows, conferences, or other
marketing events within the state of Texas; and
(vi) providing links from a TDBU's Internet web site to a competitive
affiliate's Internet web site.
(C) At a customer's unsolicited request, a TDBU may participate
in meetings with a competitive affiliate to discuss technical or operational
subjects regarding the TDBU's provision of transmission or distribution services
to the customer but only in the same manner and to the same extent the TDBU
participates in such meetings with unaffiliated electric or energy services
suppliers and their customers. Representatives of a TDBU may be present during
a sales discussion between a customer and the TDBU's competitive affiliate
but shall not participate in the discussion or purport to act on behalf of
the competitive affiliate.
(3) Requests for specific competitive affiliate information.
If a customer or potential customer makes an unsolicited request to a TDBU
for information specifically about any of its competitive affiliates, the
TDBU may refer the customer or potential customer to the competitive affiliate
for more information. Under this paragraph, the only information that a TDBU
may provide to the customer or potential customer is the competitive affiliate's
address and telephone number. The TDBU shall not transfer the customer directly
to the competitive affiliate's customer service office via telephone or provide
any other electronic link whereby the customer could contact the competitive
affiliate through the TDBU. When providing the customer or potential customer
information about the competitive affiliate, the TDBU shall not promote its
competitive affiliate or its competitive affiliate's products or services,
nor shall it offer the customer or potential customer Cont'd... |
