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Oregon Bulletin

October 1, 2012

Public Utility Commission, Chapter 860

Rule Caption: In the Matter of Rulemaking for Recovery of Certain Facility Relocation Costs.

Adm. Order No.: PUC 5-2012

Filed with Sec. of State: 8-23-2012

Certified to be Effective: 8-23-12

Notice Publication Date: 6-1-2012

Rules Adopted: 860-022-0047

Subject: This new rule implements the requirements of Senate Bill 269 from the 2009 legislative session. SB 269 is codified as ORS 758.025. The rule provides a subject telecommunications utility the information that it needs to petition the PUC for recovery of certain costs incurred to relocate its facilities when such relocation is required by a public body; and the rule provides guidance on the contents of the telecommunications utility’s petition and proposed allocation of costs.

Rules Coordinator: Diane Davis—(503) 378-4372

860-022-0047

Recovery of certain facility relocation costs

(1) This rule provides a means for a utility to recover from its customers the unreimbursed costs of facility relocation activities required by a public body, as provided in ORS 758.025.

(2) As used in this rule:

(a) “Facility” or “facilities” refers to a utility’s tangible plant which ordinarily has a service life of more than one year that provides utility service, and is included in the utility’s books of account as Telecommunications Plant in Service (account 2001. 47 C.F.R. 32).

(b) “Facility costs” represent the cost of materials installed because of a facility relocation required by a public body.

(c) “Nonfacility costs” are those non-material costs (e.g. labor) incurred to place or move utility facilities and which are authorized for recovery by the utility under this rule.

(d) “Public body” has the meaning given that term in ORS 174.109.

(e) “Recoverable relocation costs” has the meaning given in ORS 758.025(5)(a).

(f) “Undepreciated value of facilities replaced” represents the net book value (original cost minus accumulated depreciation) of the facilities removed or retired.

(g) “Utility” means a telecommunications utility or competitive telecommunications provider, as those terms are defined in ORS 759.005.

(3) A telecommunications utility that is not subject to rate-of-return regulation, including a utility regulated under ORS 759.255 may, after participating in the process described in 758.025(3), petition the Commission for approval to recover from its customers prudent costs incurred for the relocation of facilities required by a public body that are not otherwise paid or reimbursed from another source.

(4) The utility’s petition must follow the requirements of filing and service for contested cases found in OAR Chapter 860, Division 001 and include:

(a) The name of the utility as it appears on its certificate of authority.

(b) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for additional information about the petition.

(c) The name, telephone number, electronic mail address, and mailing address of the person to be contacted for regulatory information, if different from the person specified in subsection (b) of this section.

(d) A general description of the relocation project or projects including a statement as to why the relocation was necessary and unavoidable, and a description of the locations and public bodies involved.

(e) A statement that, for each project identified in subsection (d) above, the utility participated in the planning and design process described in ORS 758.025(3).

(f) Evidence from each public body that the public body required the utility to relocate its facilities within the public body’s jurisdiction.

(g) A general statement of the overall impact on the utility of the relocation project or projects.

(h) One or more schedules of costs for which the utility seeks recovery. The utility must:

(A) Include in its petition only those costs directly related to a relocation required by a public body.

(B) Exclude any costs subject to reimbursement from other sources, such as state or federal highway funds.

(C) Identify capital and expense costs separately.

(D) Identify facility and nonfacility costs separately.

(E) Exclude all costs related to improvements and upgrades, except that costs related to mandatory conversions ordered by a public body may be included.

(F) Ensure that all schedules, plant records, and job costs meet FCC accounting requirements (47 C.F.R. 32).

(G) Limit recoverable facility costs to the undepreciated value of the facilities replaced.

(i) The utility’s proposed allocation of costs between services, customers, jurisdictions, or other groups as appropriate.

(j) The utility’s proposed method of cost recovery.

(A) Approved relocation costs may be recovered by one or more line items on customer bills.

(B) The utility may propose alternative forms of cost recovery subject to Commission review and approval.

(C) Line items must not be described on the customer’s bill as a tax or other mandatory government fee.

(k) The utility’s proposed time period for cost recovery. A utility may recover its cost over no less than twelve months, subject to an annual true up.

(l) A copy of the customer notice required by section (8) of this rule.

(m) An affidavit of notice required by section (10) of this rule.

(5) The petition may include any other relevant information the utility wishes the Commission to consider.

(6) If the utility designates any portion of the petition to be confidential, it must provide an affidavit stating the legal basis for the claim of confidentiality and comply with the requirements of OAR 860-001-0070 or 860-001-0080.

(7) The petition must be filed at least 90 days before the proposed effective date of the cost recovery.

(8) The customer notice (notice) must include:

(a) The name of the utility as it normally appears on a customer bill.

(b) A statement that the utility has petitioned the Commission for recovery of certain mandatory facility relocation costs.

(c) The proposed impact on the customer’s bill and the proposed duration of any cost recovery billing.

(d) The proposed effective date of cost recovery billing.

(e) A statement that customers may submit objections or comments regarding the petition to the Commission within 45 days of receipt of the notice.

(f) The name, telephone number, electronic mail address, and mailing address of the utility’s contact person for more information.

(9) The utility must provide the notice:

(a) To all customers whose bills will be affected if the requested cost recovery is approved by the Commission.

(b) To affected customers on or before the date the utility submits its petition for cost recovery to the Commission.

(c) To persons who are not customers of the utility if the utility seeks cost recovery from those persons. The utility must explain in its petition why those persons should contribute to the utility’s cost recovery. The utility must provide notice to those persons at the same time as the utility provides notice to its customers.

(10) The affidavit of notice must include:

(a) A certificate of service stating when and by what means (for example, direct mail, bill message, bill insert, or electronic mail) the notice was provided to the persons identified in section (9) above.

(b) A statement of efforts taken by the utility to provide notice in those instances when service was not completed.

(11) The utility must identify in its petition its recoverable costs that are substantial and beyond the normal course of business, subject to Commission review and approval.

(12) In its review of the petition under ORS 758.025(5), the Commission will:

(a) Verify the utility’s participation in the design and planning process described in ORS 758.025(3).

(b) Verify the relocation costs for which the utility requests recovery.

(c) Determine the allocation of costs between interstate and intrastate services, geographic areas, customers and services.

(d) Prescribe the method of cost recovery.

(13) The Commission may audit any relocation costs or other information submitted by the utility.

(14) The Commission may administratively approve an unopposed petition without a hearing. For good cause, the Commission may suspend the effective date of a petition (whether opposed or unopposed) without a hearing for a period not to exceed six months.

(15) If opposition to the petition is filed with the Commission within 45 days of service of the notice, the Commission will schedule a conference to determine the schedule and proceedings necessary to complete its review of the petition. Contested cases will follow the procedures in OAR Chapter 860, Division 001.

(16) The utility must file the approved surcharge (or other approved cost recovery mechanism) in its tariff and price list before it can bill the surcharge to its customers.

(17) With respect to relocation of utility facilities required by a public body, this rule does not supersede any franchise agreement, ordinance, or applicable state law.

(18) This rule applies to relocations for which construction began on or after January 1, 2010.

Stat. Auth.: ORS Ch. 183, 756, 758 & 759
Stats. Implemented: ORS 758.025
Hist.: PUC 5-2012, f. & cert. ef. 8-23-12


 

Rule Caption: In the Matter of Data Transfer of Customer Information for Public Purposes.

Adm. Order No.: PUC 6-2012

Filed with Sec. of State: 8-24-2012

Certified to be Effective: 8-24-12

Notice Publication Date: 5-1-2012

Rules Adopted: 860-086-0000, 860-086-0010, 860-086-0020, 860-086-0030, 860-086-0040

Rules Amended: 860-038-0580

Rules Repealed: 860-038-0540

Subject: These new rules and rule changes facilitate the sharing of customer information between energy utilities and the public purpose fund administrator designated under ORS 757.612(3)—currently the Energy Trust of Oregon. The rules are designed to allow the Energy Trust to more efficiently and comprehensively acquire energy efficiency and promote renewable energy development. First, the rules supersede existing information sharing provisions found in Division 038 (Direct Access) that apply only to electric utilities and create a new Division 086 (Customer Information) that also covers natural gas utilities. Second, the rules significantly increase the amount of confidential customer specific data the Energy Trust receives from electric and natural gas utilities. Third, the rules expressly permit the Energy Trust to use the information to conduct direct marketing using the utilities’ customer contact and usage data. Fourth, the rules require the Energy Trust to provide more information to the utilities about their customers’ participation in Energy Trust programs.

Rules Coordinator: Diane Davis—(503) 378-4372

860-038-0580

Prevention of Cross-subsidization Between Competitive Operations and Regulated Operations

(1) Other than information that is routinely made public by an electric company, or for which a tariff has been approved subject to OAR 860-086-0020, an electric company must not provide electric company operational or marketing information to its competitive operations unless it makes such information available to ESSs and other entities that provide electricity services or directly related products on identical terms and conditions.

(2) The electric company must identify and separately account for revenues and costs of its competitive operations.

Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
Hist.: PUC 2-2001, f. & cert. ef. 1-5-01; PUC 25-2003, f. & cert. ef. 12-11-03; PUC 6-2006, f. & cert. ef. 5-11-06; PUC 6-2012, f. & cert. ef. 8-24-12

860-086-0000

Scope and Applicability of Customer Information Rules

(1) OAR 860-086-0020 through 860-086-0040 govern the transfer and use of utility customer information between investor-owned electric or natural gas companies that pay public purposes charges and a nongovernmental entity, referred to in these rules as the “Administrator,” designated by the Commission under ORS 757.612(3)(d).

(2) Upon request or its own motion, the Commission may waive any of the Division 086 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission.

Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
Hist.: PUC 6-2012, f. & cert. ef. 8-24-12

860-086-0010

Definitions

For the purposes of OAR 860-086-0000 through 860-086-0040,

(1) “Administrator” means the nongovernmental entity the Commission has designated under ORS 757.612(3)(d).

(2) “Affiliate” means a corporation or person who has an affiliated interest, as defined in ORS 757.015, with a public utility.

(3) “Aggregator” means an entity that combines retail electricity customers into a buying group for the purchase of electricity and related services.

(4) “Electric company” means an entity that is subject to ORS 757.612 and is engaged in the business of distributing electricity to retail electricity consumers in this state. Electric company does not include a consumer-owned utility.

(5) “Electricity service supplier” or “ESS” means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. “Electricity service supplier” does not include an electric utility selling electricity to retail electricity consumers in its own service territory. An ESS can also be an aggregator.

(6) “Proprietary customer information” means any information acquired, compiled, or created by an electric or natural gas utility regarding a customer in the normal course of providing electric or natural gas services that makes possible the identification of any individual customer by matching the information with the customer’s name, address, account number, type or classification of service, current or historical electricity or natural gas usage, expected patterns of use, types of facilities used in providing service, individual contract terms and conditions, price, current charges, billing records, installed appliances or equipment if any, 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.

Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
Hist.: PUC 6-2012, f. & cert. ef. 8-24-12

860-086-0020

Electric Company Customer Information

An electric company must file and maintain a tariff with the Commission that specifies the types of proprietary customer information, along with the prices, terms, conditions, and consent procedures associated with the transfer of such information to its competitive operations, electricity service suppliers, affiliates and aggregators. The provisions of this rule do not apply to information transferred under OAR 860-086-0030 or OAR 860-086-0040.

Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
Hist.: PUC 6-2012, f. & cert. ef. 8-24-12

860-086-0030

Electric Company Transfer of Data

(1) This rule applies only to customers with usage less than one average megawatt (aMW) and those customers who elect to opt-in as described in Section (11).

(2) An electric company must transfer to the Administrator the following proprietary customer information for electric company customers, if available.

(a) Customer name;

(b) Service address (including apartment/unit/suite number);

(c) Mailing address;

(d) In-service or activation date;

(e) Building type (for example, multifamily);

(f) Business type (identified using a Standard Industrial Classification (SIC code) or U.S. Census Bureau NAICS code);

(g) Initially, 18 months of the most recent historical usage data on a per-billing month basis (total billed kilowatt hours and kW);

(h) Meter number and other point-of-delivery identification numbers;

(i) Rate schedule identifier for each customer account;

(j) Whether the customer is applying self-direct credits against its energy efficiency and renewable public purpose charge during each billing period;

(k) Information about any energy efficiency program participation and type of space heat used by the customer;

(l) Updates for all of the usage data and revisions to the underlying database information on a periodic basis under subsection (6)(d) of this rule.

(m) For unmetered accounts (for example, street lights, cellular towers, telephone booths, and electric utility service buildings), electric companies must transfer contracted kilowatt-hour consumption rather than actual billed consumption.

(3) An electric company may not transfer to the Administrator:

(a) Social security numbers,

(b) Billing and payment history,

(c) Credit information,

(d) Tax identification numbers,

(e) Driver license numbers,

(f) Life support information,

(g) Any medical information,

(h) Proprietary customer information protected by the password provision required under OAR 860-021-0009(6), or

(i) Proprietary customer information for customers who have requested that their information not be shared with third parties.

(4) The Administrator must transfer to the electric company information, if available, regarding electric company customer participation in electric efficiency programs where electric company funding has been applied. At a minimum, the Administrator must provide:

(a) Service address (including apartment, unit, or suite number);

(b) Meter number and other point-of-delivery identification numbers;

(c) Information about electric efficiency program participation, such as measures installed since the inception of the Administrator’s delivery of the efficiency programs; and

(d) Whether a customer has agreed to the electric company’s transfer of its proprietary customer information to the Administrator as a result of its participation in an electric efficiency program, and the term during which the Administrator has the right to see such information.

(5) The information provided by the Administrator to the electric company may be used by the electric company solely for utility business, may not be shared with third parties (except for those providing utility services for the electric company under contracts requiring that the information be treated confidentially and used only for providing such services for the electric company), and if used for direct marketing, such use will be made only after notice to and coordination with the Administrator.

(6) The manner by which the required information is transferred will be governed by an Information Transfer Agreement, which is executed and maintained by an electric company and the Administrator. An Information Transfer Agreement must acknowledge the Administrator’s obligations to protect proprietary customer information per this rule and the Administrator’s policy or policies adopted under section 15 of this rule and must specify:

(a) The database format to be used for the transfer of information;

(b) The billing period, payment arrangements, and estimates of incremental costs incurred by an electric company or, for information in section 4, by the Administrator, for the transfer of the information;

(c) Timelines for information transfer;

(d) Timelines for updates for all of the data and revisions to the underlying database information;

(e) That proprietary customer information may be used by the Administrator to implement, administer, and evaluate energy efficiency and renewable energy programs and may not be used for telemarketing; and if the Administrator intends to use the information for other direct marketing activities, the Administrator must notify the electric company whose customers are likely to be affected and coordinate such activities with the electric company;

(f) That the release of proprietary customer information by the Administrator for any other purpose or to any party (other than the electric company) who has not signed an agreement to treat such information confidentially under subsection 15(b) of this rule may not be made without consent of the customer; and

(g) Provisions for modification of the Information Transfer Agreement.

(7) If the Administrator and an electric company cannot agree on the terms and conditions of an Information Transfer Agreement, the Commission may set the terms and conditions based upon input from the Administrator and electric company.

(8) If the Administrator or an electric company notifies the other that the information supplied by the other is insufficient, incomplete, or not usable, the Administrator and electric company will attempt to resolve the issue and if necessary, modify the Information Transfer Agreement. If the Administrator and electric company cannot resolve the issue, the electric company or the Administrator may promptly seek Commission resolution of the dispute.

(9) An electric company must notify in writing customers whose usage is 1 aMW or greater (over 1 aMW customer) of the opportunity to opt in to the information transfer.

(a) Customers are considered an over 1 aMW customer under criteria established by an electric company through its billing process.

(b) For customers without a usage history, usage may be estimated by an electric company for the purpose of this rule and those customers projected to meet the 1aMW or greater threshold must be included.

(c) An electric company may choose to treat customers having multiple accounts over 1 aMW as a group for the purpose of this rule and may include or exclude those accounts through one notification process.

(10) The notice required in section (9) of this rule must, at a minimum:

(a) Identify and explain the role of the Administrator,

(b) Identify the type of proprietary customer information to be transferred by an electric company; and

(c) Describe the nature and use of the proprietary customer information by the Administrator.

(11) An electric company must also provide periodic opt-in notification for the over 1 aMW customers either as a part of a standard customer contact discussion or in writing under the timelines in the Information Transfer Agreement and set forth in section (6) of this rule.

(a) If the over 1 aMW customer does not opt in to the information transfer, all accounts over 1 aMW must be excluded from the information sharing process, and the electric company must transfer to the Administrator only the name, service address, and whether customer is applying self-direct credits against its energy efficiency and renewable public purpose charge during each billing period, if known.

(b) The over 1 aMW customer may at any time authorize transfer by the electric company to the Administrator of other proprietary customer information described in section (2), in which case the electric company must promptly transfer to the Administrator the specified information and provide updates.

(c) If a customer opts in, it may subsequently opt out by providing written notice to the electric company, except that such notice is not effective as to information the customer previously agreed may be transferred by the electric company to the Administrator under the terms of an agreement under which the Administrator has provided an incentive to the customer.

(d) The transfer of proprietary customer information must be in accordance with the Information Transfer Agreement.

(12) Each electric company must send a notice to its customers prior to the Administrator’s receipt of their proprietary customer information:

(a) Informing them of the requirements of these new rules;

(b) Explaining that the purpose of transferring customer data to the Administrator is to help ensure that the Administrator is better prepared to assist a customer who is interested in participating in customer-funded efficiency and renewable energy programs;

(c) Asking customers if they wish to be on a “do not contact” list, in which case they will receive no unsolicited contact from the Administrator, or its contractors; and

(d) For the over 1 aMW customer, explaining that absent the customer’s consent, only the limited customer information listed in subsection (11)(a) of this rule will be transferred to the Administrator.

(13) If an electric company receives an unsolicited request from a customer to not provide their proprietary customer information to the Administrator, or if the customer has previously opted out of transfer of their proprietary information prior to the implementation of this rule, and the customer has not agreed otherwise with the Administrator, the electric company must honor that request unless the electric company subsequently receives written customer consent to transfer the proprietary customer information to the Administrator. A customer’s request to opt out in response to a notice from the electric company explaining the customer’s rights is also considered an unsolicited request for the purpose of this section.

(14) When an electric company has provided proprietary customer information to the Administrator under this rule, an electric company may not be charged with at-fault complaints filed with the Commission’s Consumer Services Division with respect to the provision of proprietary customer information if the Commission finds that the electric company did not violate its tariff, Oregon Administrative Rules, Oregon Revised Statutes, or a Commission Order.

(15) Before an electric company provides the Administrator with proprietary customer information under this rule, the Administrator must:

(a) Develop and adopt in an open process a policy or policies ensuring that the confidentiality of the proprietary customer information it receives from an electric company is protected in a manner that meets the requirements of all federal, state, and local laws regarding protection for this type of information;

(b) Agree to require its employees and contractors to commit to specific non-disclosure requirements in order to gain access to proprietary customer information which, at a minimum, require that the proprietary customer information:

(A) Be used only for the purposes of a particular project or contract;

(B) Be shared with a subcontractor only under similar conditions and requirements and only upon approval of the Administrator; and

(C) Be returned to the Administrator or destroyed at the completion of the project or termination of the contract;

(c) Agree to honor any do-not-contact-customer requests; and

(d) Establish a process by which customers may require the Administrator not to use the proprietary customer information to make unsolicited contact with the customer, including, but not limited to, responding to the electric company notice in section (12) of this rule.

Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040 & 757.600 - 757.667
Hist.: PUC 6-2012, f. & cert. ef. 8-24-12

860-086-0040

Gas Utility Customer Information and Transfer of Data

(1) A gas utility that offers energy conservation programs through the Administrator must transfer to the Administrator proprietary customer information for gas utility company customers as follows:

(a) If such information is available for its residential and commercial customers in the gas utility’s records:

(A) Customer name;

(B) Service address (including apartment, unit, or suite number);

(C) Mailing address;

(D) Building type (for example, multifamily);

(E) Business type (identified using a Standard Industrial Classification (SIC) code or a U.S. Census Bureau NAICS code);

(F) Initially, 18 months of the most recent historical usage data;

(G) Meter and other point-of-delivery identification number;

(H) Rate schedules for each customer;

(I) Information about energy efficiency program participation,

(J) Type of space heat used by the customer; and

(K) Updates for all of the usage data and revisions to the underlying database information on a periodic basis under subsection (4)(d) of this rule; and

(b) If such information is available for its industrial sales customers or other customers not included in section (1)(a) and not subject under the applicable utility tariff to pay a public purpose charge:

(A) Customer name;

(B) Service address;

(C) Rate schedules; and

(D) Account numbers.

(2) A gas utility may not transfer to the Administrator the following customer information:

(a) Social security numbers;

(b) Billing and payment history;

(c) Credit information;

(d) Tax identification numbers;

(e) Driver license numbers;

(f) Life support information;

(g) Medical information;

(h) Proprietary customer information protected by the password provision required per OAR 860-021-0009(6);

(i) Proprietary customer information for customers who have requested that their information not be shared with third parties; or

(j) Proprietary customer information including usage data for the gas utility’s transportation customers.

(3) The Administrator must transfer to the gas utility information available in the Administrator’s records regarding gas utility customer participation in gas conservation programs where gas utility funding has been applied. At a minimum, the Administrator must provide:

(a) Customer name,

(b) Service address (including apartment, unit, or suite number),

(c) Meter number; and

(d) Information about gas efficiency program participation, such as gas measures installed since the inception of the Administrator’s delivery of the gas efficiency programs.

(4) The manner by which such information is transferred and used will be governed by an Information Transfer Agreement, which is executed and maintained by a gas utility and the Administrator. An Information Transfer Agreement must:

(a) Specify the necessary database format for information that will be transferred between the gas utility and the Administrator;

(b) Specify the billing period, payment arrangements, and estimates of incremental costs incurred by either the gas utility or the Administrator for the transfer of the information;

(c) Identify timelines for the transfer of information;

(d) Identify timelines for providing updates for data and revisions to the underlying database information;

(e) Acknowledge the Administrator’s obligations to protect proprietary customer information per this rule and the Administrator’s policy or policies adopted under section 10 of this rule;

(f) Acknowledge that the proprietary customer information will be used by the Administrator to implement, administer and evaluate gas efficiency programs, and the Administrator must regularly notify the gas utility of these activities;

(g) Acknowledge that the proprietary customer information provided to the Administrator will not be used for telemarketing to gas utility customers;

(h) Acknowledge that the Administrator may use proprietary customer information for the purpose of direct marketing of the Administrator’s gas efficiency programs, provided:

(A) The Administrator has given prior notification to the gas utility whose customers are likely to be affected;

(B) The Administrator has coordinated the direct marketing activities with the utility; and

(C) Disputes regarding the direct marketing activities may be addressed under section (6) of this rule.

(i) Acknowledge that the release of proprietary customer information by the Administrator for any other purpose or to any other third party who has not signed an agreement to treat such information confidentially under subsection 10(b) of this rule may not be made without consent of the customer; and

(j) Acknowledge that the information provided by the Administrator to the gas utility may be used by the gas utility solely for utility business, may not be shared with other parties, and if used for direct marketing, such use will be made only after notice to and in coordination with the Administrator.

(k) Provide for modification of the Information Transfer Agreement.

(5) If the Administrator and a gas utility company cannot agree on the terms and conditions of an Information Transfer Agreement, the Commission may set the terms and conditions based upon input from the Administrator and the gas utility company.

(6) If the Administrator or the gas utility notifies the other that the proprietary customer information supplied by the other is insufficient, incomplete, not usable, or is not being used in compliance with this rule, the Administrator and gas utility company will attempt to resolve the issue and, if necessary, modify the Information Transfer Agreement. If the Administrator and gas utility company cannot resolve the issue, either party may seek Commission resolution of the dispute.

(7) Each gas utility must send a notice to its customers prior to the Administrator’s receipt of their proprietary customer information:

(a) Informing them of the requirements of this rule;

(b) Explaining that the purpose of transferring customer data to the Administrator is to ensure that the Administrator is better prepared to assist a customer who is interested in participating in customer-funded energy efficiency and renewable energy programs; and

(c) Asking customers if they wish to be on a “do not contact” list, in which case they will receive no unsolicited contact from the Administrator, or its contractors.

(8) If a gas utility company receives an unsolicited request from a customer to not provide their proprietary customer information to the Administrator, and the customer has not agreed otherwise with the Administrator, the gas utility must honor that request unless the gas utility subsequently receives written consent from its customer to transfer their proprietary customer information to the Administrator. An unsolicited request includes a customer’s response to a notice from the gas utility explaining the customer’s rights.

(9) When a gas utility has provided proprietary customer information to the Administrator under this rule, the gas utility may not be charged with at-fault complaints filed with Commission’s Consumer Services Division for the Administrator’s or the Administrator’s sub-contractors’ access to, use or mishandling of proprietary customer information.

(10) The Administrator must:

(a) Develop and adopt in an open process a policy or policies ensuring that the confidentiality of the proprietary customer information it receives from gas utilities is protected in a manner that meets the requirements of all federal, state and local laws regarding protection for this type of information;

(b) Agree to require its employees and contractors to commit to specific non-disclosure requirements in order to gain access to proprietary customer information which, at a minimum, require that the proprietary customer information:

(A) Be used only for the purposes of particular programs, projects or contracts;

(B) Be shared with a subcontractor only under similar conditions and requirements and only upon approval of the Administrator; and

(C) Be returned to the Administrator or destroyed at the completion of the project or termination of the contract; and

(c) Establish a process by which customers may require the Administrator not to use the proprietary customer information to make unsolicited contact with the customer.

Stat. Auth.: ORS 183, 756 & 757
Stats. Implemented: ORS 756.040
Hist.: PUC 6-2012, f. & cert. ef. 8-24-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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