Conn. Agencies Regs. § 16-244h-3 - Nondiscrimination
(a)
No Preferential Treatment Regarding
Services Provided by the Electric Distribution Company: Unless otherwise
authorized by the department or the FERC, or permitted by sections
16-244h-1
to
16-244h-7,
inclusive, of the Regulations of Connecticut State Agencies, an electric
distribution company shall not:
(1) Provide
its generation entities or affiliates, or customers of its generation entities
or affiliates, any preference (including but not limited to terms and
conditions, pricing, or timing) over unaffiliated electric suppliers or their
customers in the provision of services provided by the electric distribution
company, or allow an employee, officer, director or agent of a generating
entity or affiliate preferential access to information concerning the electric
distribution company's customers or distribution system that is not available
on an equivalent basis to unaffiliated electric suppliers; or
(2) Allow an employee, officer, director or
agent of a generating entity or affiliate to conduct distribution system
operations or have access to system control centers or similar facilities used
by distribution operations in any way that differs from the access available to
employees of unaffiliated electric suppliers.
(b)
Affiliate Transactions:
(1) Pricing, terms and conditions: Except
joint purchases and corporate support services permitted in sections
16-244h-5(e)
and
16-244h-5(f),
transactions between an electric distribution company and its generation
entities or affiliates shall be limited to:
(A) Products and services offered by tariff;
and
(B) Goods, property, products
or services sold by the electric distribution company to its generation
entities or affiliates and made available to all electric suppliers under the
same terms and conditions. Such goods, property, products or services shall be
priced pursuant to the provisions of section
16-244h-5(i)
of the Regulations of Connecticut State Agencies. An electric distribution
company shall post information concerning non-tariffed transactions with its
generation entities or affiliates on its affiliate discount internet web page
in accordance with subsection (f) of this section.
(2) Provision of Transmission Services,
Distribution Services or Information: An electric distribution company shall
provide all electric suppliers access to its transmission and distribution
facilities in a nondiscriminatory manner. If an electric distribution company
offers supply, capacity, services or information to its generation entities or
affiliates, it shall contemporaneously make the offering available to all
electric suppliers, except that communications referenced in section
16-244h-2(b)
of the Regulations of Connecticut State Agencies need not be made
contemporaneously available. All information concerning an electric
distribution company's customers, the distribution system or other market
information that is provided to a generation entity or affiliate through
nonpublic communications, including communications referenced in section
16-244h-2(b)
of the Regulations of Connecticut State Agencies, shall be provided to all
electric suppliers in a nondiscriminatory manner and on the same terms and
conditions.
(3) Offering of
Discounts: If an electric distribution company offers a discount or waives all
or any part of any other charge or fee to its generation entities or
affiliates, or offers a discount or waiver for a transaction in which its
generation entities or affiliates are involved, the electric distribution
company shall contemporaneously make such discount or waiver available to all
electric suppliers serving the same market. An electric distribution company
shall not create a unique discount arrangement with its generation entities or
affiliates such that no competitor could be considered as serving the same
market. All electric suppliers serving the same market as the generation
entities or affiliates shall be offered the same discount as the discount
received by the generation entities or affiliates. An electric distribution
company shall document the cost differential underlying the discount to its
generation entities or affiliates in the affiliate discount report described in
subsection (f) of this section.
(4)
Tariff Discretion: If a tariff provision allows for discretion in its
application, an electric distribution company and its employees shall apply
that tariff provision in the same manner to its generation entities or
affiliates and all other electric suppliers and their respective
customers.
(5) No Tariff
Discretion: If an electric distribution company has no discretion in the
application of a tariff provision, the electric distribution company and its
employees shall strictly enforce that tariff provision.
(6) Processing Requests for Services Provided
by the Electric Distribution Company: An electric distribution company shall
process requests for similar services provided by the electric distribution
company in the same manner and within the same time for its generation entities
or affiliates and for all other electric suppliers and their respective
customers, and shall not give preference of any kind to its generation entities
or affiliates or their customers.
(c)
Tying of Services Provided by an
Electric Distribution Company Prohibited: An electric distribution
company shall not condition or otherwise tie the provision of any services
provided by the electric distribution company, nor the availability of
discounts of rates or other charges or fees, rebates, or waivers of terms and
conditions of any services provided by the electric distribution company, to
the purchasing of any goods or services from its generation entities or
affiliates.
(d)
No Assignment
of Customers: An electric distribution company shall not assign
customers to which it provides services to any of its generation entities or
affiliates, whether by default, direct assignment, option or by any other
means, unless that means is equally available to all competitors and approved
by the department.
(e)
Business Development and Customer Relations: Except as otherwise
provided by sections
16-244h-1
to
16-244h-7,
inclusive, of the Regulations of Connecticut State Agencies, an electric
distribution company shall not:
(1) Solicit
business on behalf of its generation entities or affiliates;
(2) Acquire information on behalf of, or to
provide to, its generation entities or affiliates;
(3) Request authorization from its customers
to pass on customer information exclusively to its generation entities or
affiliates;
(4) Give the appearance
that the electric distribution company speaks on behalf of or represents its
generation entities or affiliates or that the customer will receive
preferential treatment as a consequence of conducting business with the
generation entities or affiliates;
(5) Give any appearance that the generation
entities or affiliates speak on behalf of or represent the electric
distribution company; or
(6)
Provide referrals to its generation entities or affiliates.
(f)
Affiliate Discount
Reports:
(1) Each electric distribution
company shall maintain a list of any discount, rebate or other waiver of any
charge, fee, term or condition associated with services provided by the
electric distribution company to its generation entities or affiliates on an
internet web page directly and conspicuously linked to its home page. If an
electric distribution company provides its generation entities or affiliates a
discount, rebate, or other waiver of any charge or fee associated with services
provided by the electric distribution company, the electric distribution
company shall, within 24 hours of the time at which the service provided by the
electric distribution company is so provided, post either directly on the
discount page or on a page directly linked to the discount page a notice
providing the following information:
(A) The
name of the generation entities or affiliate involved in the
transaction;
(B) The generation
entity or affiliate's role in the transaction (i.e., aggregator, electric
supplier, marketer);
(C) The rate
charged;
(D) The maximum
rate;
(E) The time period for which
the discount or waiver applies;
(F)
The quantities involved in the transaction;
(G) The delivery points involved in the
transaction;
(H) Any conditions or
requirements applicable to the discount or waiver, and a documentation of the
cost differential underlying the discount as required in subdivision (3) of
subsection (b) of this section; and
(I) Procedures by which an unaffiliated
entity may request a comparable offer.
(2) The affiliate discount page and
associated pages shall provide the following disclaimer: "This page is intended
to provide notice to all electric suppliers of any discount provided by an
electric distribution company to its own electric supplier affiliate so that
all electric suppliers may avail themselves of any such discount. It is not
intended to indicate that an electric distribution company's electric supplier
affiliate has preferential access to services."
(3) An electric distribution company shall
maintain all records associated with transactions to which subdivision (1) of
this subsection applies in accordance with the provisions of section
16-244h-4(f)
of the Regulations of Connecticut State Agencies.
Notes
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