(1) Permitted Sharing -- Utility Purposes.
Large-Scale Utilities may share Utility Customer Information or Customer Usage
Data with affiliates, contractors and subcontractors, or other third parties
without the customer's consent or permission, in any of the following
circumstances:
(a) for use in activities
necessary for providing tariff-based services or programs;
(b) as necessary for the operation and
maintenance of the Large-Scale Utility's facilities and utility system
including but not limited to physical facilities used for energy
distribution;
(c) in relation to
the utility's conduct of its core utility function or to maintain safe and
reliable utility service to customers;
(d) to comply with a warrant, subpoena, court
order, or order of an administrative agency having jurisdiction;
(e) for use in a formal proceeding before the
Commission including but not limited to general rate cases, customer
complaints, or tariff change proceedings;
(f) to assist emergency responders and law
enforcement in situations of threat to life or property; or
(g) with the prior approval of the
Commission.
(2) Sharing
with Third Parties.
(a) Except as provided in
Subsection R746-460-3(1),
a Large-Scale Utility may share its Utility Customer Information or Customer
Usage Data only if the customer provides Express Consent for such sharing to
the Large-Scale Utility, its affiliates, or a third party who is seeking such
information.
(b) The Large-Scale
Utility must retain the following information for each instance of a customer's
Express Consent for disclosure of its Utility Customer Information or Customer
Usage Data:
(i) the confirmation of consent
for the disclosure of private customer information;
(ii) a list of the date of the consent and
the affiliates, subsidiaries, or third parties to which the customer has
authorized disclosure of its Utility Customer Information or Customer Usage
Data; and
(iii) confirmation that
the customer's name and service address exactly match the utility's record for
such account.
(3) Confidentiality.
(a) A Large-Scale Utility that shares Utility
Customer Information or Customer Usage Data pursuant to Subsections
R746-460-3(1)(a) through
(c) or Subsection
R746-460-3(2),
may do so only subject to contractual provisions requiring the receiving party
(and any of the contractors and subcontractors that the third party has
retained to facilitate the marketing efforts) to maintain the Utility Customer
Information or Customer Usage Data as confidential and prohibiting further
sharing. A Large-Scale Utility that shares Utility Customer Information or
Customer Usage Data as part of a Commission proceeding, must identify the
information as Confidential Information pursuant to Sections
R746-1-601 through
R746-1-603.
(b) Notwithstanding the requirements under
this rule, a receiving party may share Utility Customer Information, subject to
any available confidential protections, shared under Section
R746-460-3 in order to:
(i) comply with a warrant, subpoena, court
order, or order of an administrative agency having jurisdiction; or
(ii) assist emergency responders and law
enforcement in situations of threat to life or property.
(4) Customer Usage Data. Except as
otherwise expressly stated herein, Large-Scale Utilities may disclose Customer
Usage Data without Express Consent or need to protect the information as
confidential when disclosure of multiple customers' data is provided in
aggregate form such that the aggregated information does not allow any specific
customer to be identified. Nothing in this rule shall prevent Large-Scale
Utilities from using and disclosing usage information that does not constitute
Customer Usage Data.
