Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 12.00 - Standards Of Conduct For Distribution Companies And Their Affiliated Companies
Section 12.03 - General Standards of Conduct

(1) A Distribution Company shall apply tariff provisions in the same manner to the same or similarly situated entities if there is discretion in the application of the provision.

(2) A Distribution Company shall strictly enforce tariff provisions for which there is no discretion in the application of the provision.

(3) A Distribution Company shall not, through a tariff provision or otherwise, give its Competitive Affiliate or customers of its Competitive Affiliate preference over Non-affiliated Suppliers or their customers in matters relating to any product or service that is subject to a tariff on file with the Department.

(4) If a Distribution Company provides its Competitive Energy Affiliate, or a customer of its Competitive Energy Affiliate, any product or service other than general and administrative support services, it shall make the same products or services available to all Non-affiliated Energy Suppliers or their customers on a non-discriminatory basis.

(5) A Distribution Company shall not offer or sell electricity or natural gas commodity or capacity to its Competitive Affiliate without simultaneously posting the offering electronically on a source generally available to the market or otherwise making a sufficient offering to the market.

(6)

(7) A Distribution Company shall process all same or similar requests for any product, service, or information in the same manner and within the same period of time, consistent with the rules set forth in 220 CMR 12.03(6).

(8) A Distribution Company shall not condition or tie the provision of any product, service, or rate agreement by the Distribution Company to the provision of any product or service by its Competitive Affiliate.

(9) A Distribution Company shall not release any proprietary customer information to an Affiliate without the prior written authorization of the customer.

(10) To the extent that a Distribution Company provides a Competitive Affiliate with information not readily available or generally known to any Non-affiliated Supplier, which information was obtained by the Distribution Company in the course of providing distribution service to its customers, the Distribution Company shall make that information available on a non-discriminatory basis to all Non-affiliated Suppliers transacting business in its service territory. 220 CMR 12.03(10) does not apply to customer-specific information obtained with proper authorization, information necessary to fulfill the provisions of a contract, or information relating to the provision of general and administrative support services.

(11) A Distribution Company shall refrain from giving any appearance of speaking on behalf of its Competitive Affiliate in any and all contacts or communications with customers or potential customers. The Distribution Company shall not represent that any advantage accrues to customers or others in the use of the Distribution Company's services as a result of that customer or others dealing with the Competitive Affiliate.

(12) The Distribution Company shall not engage in joint advertising or marketing programs of any sort with its Competitive Energy Affiliate, nor shall the Distribution Company directly promote or market any product or service offered by any Competitive Affiliate.

(13) Subject to 220 CMR 12.03(12), a Distribution. Company may allow an Affiliate, including a Competitive Energy Affiliate, to identify itself, through the use of a name, logo, or both, as an Affiliate of the Distribution Company, provided that such use by a Competitive Energy Affiliate shall be accompanied by a disclaimer that shall state that no advantage accrues to customers or others in the use of the Distribution Company's services as a result of that customer or others dealing with the Competitive Energy Affiliate, and that the customer or others need not purchase any product or service from any Competitive Energy Affiliate in order to obtain services from the Distribution Company on a non-discriminatory basis. The disclaimer shall be written or spoken, or both, as may be appropriate given the context of the use of the name or logo.

(14) If a customer requests information about Energy Suppliers, the Distribution Company shall provide a current list of all Energy Suppliers operating on the system or registered with the Department, including its Energy-related Competitive Affiliate, but shall not promote its affiliate. The list of Energy. Suppliers shall be in random sequence, and not in alphabetical order. The list shall be updated every 60 days to allow for a change in the random sequence.

(15). Employees of a Distribution Company shall not be shared with a Competitive Energy Affiliate, and shall be physically separated from those of the Competitive Energy Affiliate. The Distribution Company shall fully and transparently allocate costs for any shared facilities or general and administrative support services provided to any Competitive Affiliate.

(16) A Distribution Company and its Competitive Affiliate shall keep separate books of accounts and records which shall be subject to review by the Department in accordance with the provisions of M.G.L. c. 164, § 85.

(17) The Department may approve an exemption from the separation requirements of 220 CMR 12.03(15) upon a showing by the Distribution Company that shared employees or facilities would be in the best interests of the ratepayers and have minimal anticompetitive effect, and that the costs can be fully and accurately allocated between the Distribution Company and its Competitive Energy Affiliate. Such exemption shall be valid until such time that the Department determines that modification or removal of the exemption is necessary.

(18) A Distribution Company shall establish and file with the Department a dispute resolution procedure to address complaints alleging violations of 220 CMR 12.00. Such procedure shall designate a neutral person to conduct an investigation of the complaint; require that said person communicate the results of the investigation to the claimant in writing within 30 days after the complaint is received; and require that such communication describe any action taken and notify the complainant of his or her right to complain to the Department if not satisfied with the results of the investigation.

(19) A Distribution Company shall maintain a log of all new, resolved, and pending complaints alleging violations of 220 CMR 12.00. The log shall be subject to review by the Department and shall include the date each complaint was received; the complainant's name, address, and telephone number; a written description of the complaint; and the resolution of the complaint, or the reason why the complaint is still pending.

(20) Notwithstanding any other provisions in 220 CMR 12.00, in emergency circumstances, a Distribution Company shall take any actions necessary to ensure public safety and system reliability. A Distribution Company shall maintain a log of all such actions, subject to review by the Department.