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PUBLIC UTILITY COMMISSION

 

DIVISION 86

CUSTOMER INFORMATION

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

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