NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Customer Information to be Maintained and Provided by Electric Distribution Companies to Electric Generation Suppliers
[34 Pa.B. 4991] Public Meeting held
August 19, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Customer Information to be Maintained and Provided by Electric Distribution Companies to Electric Generation Suppliers; Doc. No. M-00041819
Tentative Order By the Commission:
Background
This Commonwealth's retail electric sector was opened to competition by means of the Electricity Generation Customer Choice and Competition Act (act) in 1997. 66 Pa.C.S. § 2801, et seq. Subsequent to the passage of the act, the Commission issued a number of orders to assure a ''fair and orderly transition from the current regulated structure to a structure under which retail customers will have direct access to a competitive market for the generation and sale or purchase of electricity.'' 66 Pa.C.S. § 2802(13).
In one of these orders, the Commission held that electric distribution companies (EDC) must compile and make available certain customer information to electric generation suppliers (EGS). Procedures Applicable to Electric Distribution Companies and Electric Generation Suppliers During the Transition to Full Retail Choice, Doc. No. M-00991230 (Order entered May 13, 1999). The Commission wished to ensure the orderly transition to the period when all customers had the ability to select their own supplier. The Commission determined that the release of this information was necessary to level the playing field between the supplier affiliates of EDCs and new market entrants.
Under the terms of this Order, the Commission required EDCs to make available a customer's name, address, account number, rate class and load data to EGSs. Load data was defined as the 12 months historical kWh usage, 12 months of historical demand, the load curve for the customer class or subclass or actual data for those with hourly meters and load strata information. Telephone numbers were specifically excluded from the customer information lists to be provided to EGSs. Customers were given the option of restricting the release of all of their information through a negative check-off process.
The Commission has not revisited this issue since January 2000. Some EDCs continue to maintain and provide updated customer information to EGSs under the terms of separate, Commission approved agreements. Others provide outdated lists from 1999 or simply have discontinued the practice all together. One company has voluntarily continued the practice for reasons of administrative efficiency.
Under the terms of the act, the Commission was charged with various objectives, including ensuring customer choice:
Consistent with the time line set forth in section 2806 (relating to implementation, pilot programs and performance-based rates), the commission shall allow customers to choose among electric generation suppliers in a competitive generation market through direct access. Customers should be able to choose among alternatives such as firm and interruptible service, flexible pricing and alternate generation sources, including reasonable and fair opportunities to self-generate and interconnect. These alternatives may be provided by different electric generation suppliers.The Commission is also charged with promulgating regulations to ensure that customers receive the necessary information to make informed choices about purchasing electric services:
The commission shall establish regulations to require each electric distribution company, electricity supplier, marketer, aggregator and broker to provide adequate and accurate customer information to enable customers to make informed choices regarding the purchase of all electricity services offered by that provider. Information shall be provided to consumers in an understandable format that enables consumers to compare prices and services on a uniform basis.66 Pa.C.S. § 2807(d)(2).
Notwithstanding completion of the transition to full retail choice for all EDC customers in 2000, the Commission also has a continuing obligation to maintain a properly functioning and fully competitive retail market. 66 Pa.C.S. § 2811. To that end, we believe that EDCs should continue to make available a reasonable amount of customer information to EGSs, the costs for which they may recover. The availability of this information fosters a more level playing field between the supplier affiliates of EDCs and alternative EGSs. Customers will in turn have more opportunities to make informed decisions regarding generation supply options.
Current Approaches
As noted, several EDCs currently make available up to date customer information to EGSs. These include Duquesne Light Company (Duquesne) and PECO Energy Company (PECO). A brief review of their approaches follows.
Duquesne makes available to EGSs a customer's name, address, rate class and account number. Customers do not have the ability to restrict the release of this information. These terms were a consequence of Duquesne's POLR II settlement. Petition of Duquesne Light Company for Approval of Plan for Post-Transition Period Provider Of Last Resort Service, Doc. No. R-00974104 (Order entered December 20, 2000). This obligation will terminate with the expiration of the settlement on December 31, 2004.
PECO provides customer information to EGSs under the terms of its Unicom merger settlement. Application Of PECO Energy Company, Pursuant To Chapters 11, 19, 21, 22 And 28 Of The Public Utility Code, For Approval Of (1) A Plan Of Corporate Restructuring, Including The Application Creation Of A Holding Company And (2) The Merger Of The Newly Formed Holding Company And Unicom Corporation, Doc. No. A-110550F0147 (Order entered June 22, 2000). PECO does not provide information on those customers that have elected to restrict the release of their information.
PECO maintains two separate lists for customers who have not completely restricted the release of information. Both lists include the name, address, rate class and account number of customers. However, one list is for customers who have requested that their load data be kept confidential. The other list is for customers who have not restricted the release of load data. This additional load information includes strata, registered peak demand, load factor and capacity obligation for customers. Under the terms of the Unicom merger settlement, this obligation to provide customer information was set to expire on January 31, 2004. However, it is the Commission's understanding that PECO will continue to make this information available voluntarily.
Discussion
1. Information to be Made Available
Neither the act nor Commission regulations expressly identify specific customer information that must be provided to EGSs. The regulations do place limited restrictions on the release of customer information:
(a) An EDC or EGS may not release private customer information to a third party unless the customer has been notified of the intent and has been given a convenient method of notifying the entity of the customer's desire to restrict the release of the private information. Specifically, a customer may restrict the release of either the following:(1) The customer's telephone number.(2) The customer's historical billing data.(b) Customers shall be permitted to restrict information as specified in subsection (a) by returning a signed form, orally or electronically.(c) Nothing in this section prohibits the EGS and EDC from performing their mandatory obligations to provide electricity service as specified in the disclosure statement and in the code.52 Pa. Code § 54.8
Accordingly, there is no general legal prohibition against EDCs making available customer information to third parties. Nor do customers have the right to restrict the release of all of their information.
The Commission proposes to reinstate the requirement that we established during the transition to full retail choice. At a minimum, EDCs will be required to provide the names, account numbers, addresses and load data of its retail distribution customers to licensed EGSs.
2. Manner of Availability
The information shall be provided in a format that is readily accessible by EGSs. Customer information is currently provided by some EDCs in electronic formats, including CD-ROMs through the regular mail and the electronic transfer of the information over the Internet. Given the rapid change of data storage and transfer technologies over time, the Commission does not wish to be proscriptive. Accordingly, EDCs shall continue to make available this information in electronic formats that are generally accepted for commercial transactions within the private business community.
3. Cost Recovery for this Service
The Commission believes that EDCs should be able to recover the reasonable costs of compiling and providing this data to EGSs. The Commission welcomes input on the definition of reasonable costs.
Finally, it bears noting that although we are presently proposing the adoption of guidelines regarding the disclosure of certain customer information to EGSs, after comments and finalization of these guidelines the Commission reserves the right to issue formal and binding regulations covering this subject matter. Nevertheless, even in the absence of regulations, an individual EDC that appears to discriminate by providing a greater degree of customer information to its supplier affiliate than to nonaffiliated EGSs would raise issues of anticompetitive conduct under section 2811 of the act that may require, on a case by case basis, investigation by the Commission and/or referral to the Attorney General and other entities. See 66 Pa.C.S. § 2811(b) and (c) and 52 Pa. Code § 54.122.
The Commission invites all interested parties to provide comments on these guidelines for the customer information to be maintained and provided by EDCs to EGSs; Therefore,
It Is Ordered That:
1. Comments regarding this Tentative Order be filed with the Commission no later than 30 days after this Tentative Order is published in the Pennsylvania Bulletin.
2. The Secretary's Bureau serve a copy of this Tentative Order on all EDCs, all licensed EGSs, the Office of Consumer Advocate, Office of Small Business Advocate and the Office of Trial Staff.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 04-1672. Filed for public inspection September 3, 2004, 9:00 a.m.]
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