Current through Bulletin 2025-12, June 15, 2025
Except as provided in Subsection C, no electric or gas
utility may recover from a person, other than shareholders or other owners of
the utility, a direct or indirect expenditure by the utility for political,
promotional or institutional advertising.
A. For the purposes of this rule:
1. The term "advertising" means the
commercial use, by an electric or gas utility, of media, including newspaper,
printed matter, radio, and television, in order to transmit a message to a
substantial number of members of the public or to the utility's
consumers.
2. The term "political
advertising" means advertising for the purpose of influencing public opinion
with respect to legislative, administrative, or electoral matters, or with
respect to an issue of public dispute.
3. The term "promotional advertising" means
advertising for the purpose of encouraging a person to select or use the
service or additional service of an electric or gas utility or the selection or
installation of an appliance or equipment designed to use that utility's
service.
4. The term "institutional
advertising" means advertising which is designed to create, enhance, or sustain
an electric or gas utility's public image or good will with the general public
or the utility's customer.
B. For the purposes of this rule, the terms
"political advertising," "promotional advertising," and institutional
advertising" do not include:
1. advertising
which informs consumers how they can conserve energy, use energy wisely, or
reduce peak demand for energy;
2.
advertising required by law or regulation, including advertising required under
Part 1 of Title II of the National Energy Conservation Policy Act;
3. advertising regarding service
interruption, safety measures, or emergency conditions;
4. advertising concerning employment
opportunities with the utility; or
5. an explanation of existing or proposed
rate schedules, or notifications of hearing thereon, or
6. information about the availability of
energy assistance programs.
C. Notwithstanding the foregoing provisions,
expenditures relating to promotional and institutional advertising may be
recovered in rates if the Commission has found, after due consideration in
either a rate case or separate proceeding prior to implementation, that the
advertising is in the public interest.
