Current through Register Vol. 48, No. 12, March 22, 2024
a) To protect the
customer-specific information described in Section
470.100
and to ensure compliance with Section 1-92 of the IPA Act, the Aggregation Supplier
shall establish and follow appropriate protocols to preserve the confidentiality of
customer-specific information and limit the use of customer-specific information
strictly and only to effectuate the provisions of Section 1-92 of the IPA Act. The
Aggregation Supplier shall ensure that these protocols:
1) provide that the Aggregation Supplier shall not
disclose, use, sell or provide customer-specific information to any person, firm or
entity for any purpose outside of the Aggregation Program;
2) provide that the Aggregation Supplier shall not
use the customer-specific information to market products other than the service the
Aggregation Supplier has contracted to provide the Governmental Aggregator under the
applicable Aggregation Program consistent with Section 1-92 of the IPA
Act;
3) provide that if the Aggregation
Supplier receives the account numbers of customers receiving or pending to receive
RES service who have not opted into the Aggregation Program, the Aggregation
Supplier shall destroy the customer numbers or return them to the Governmental
Aggregator;
4) except as otherwise
required by record retention obligations imposed by applicable law, within 30 days
following: a customer's opt-out of the Aggregation Program, a customer's exit from
the Aggregation Program, or the end of the term during which the Aggregation
Supplier is providing service to the Aggregation Program, the Aggregation Supplier
must dispose of, delete, and/or destroy all customer-specific information in
whatever format that is in its possession as a result of having been the Aggregation
Supplier to an Aggregation Program. The Aggregation Supplier may not use
customer-specific information retained due to record retention obligations to market
to customers; and
5) provide for the
usage restrictions and additional records retention requirements set forth in
Section
470.240.
b) Breaches of these confidentiality
provisions by the Aggregation Supplier will be subject to the imposition of
financial penalties by the Commission as described in Section 16-115B(b) of the
PUA.
