26 Del. Admin. Code § 3001-3.0 - Pre-enrollment Information and Customer Lists

3.1 Notice and Consent for Pre-Enrollment Customer Information.
3.1.1 Before requesting pre-contracting customer information described in subsection 3.2 from the EDC, an electric supplier shall:
3.1.1.1 Notify the customer of its intention to request customer information from the EDC; and
3.1.1.2 Obtain the customer's consent for release of the customer's information from the EDC.
3.1.2 Notice. The electric supplier notice required under subsection 3.1.1.1 of this regulation shall specify the customer information listed in subsection 3.2 to be requested from the EDC.
3.1.3 Customer Consent Records.
3.1.3.1 A customer's consent under subsection 3.1.1.2 is valid for a time mutually agreed to by the customer and the electrical supplier.
3.1.3.2 An electric supplier shall maintain a record of a customer's consent under subsection 3.1.1.2 of this regulation for a period of not less than 180 days from the expiration of the customer's consent.
3.1.3.3 An electric supplier's customer consent records are subject to audit by the Commission.
3.1.4 A customer's consent under this regulation is not a contract or enrollment for electric supplier services.
3.2 Pre-Enrollment Information. On request of an electric supplier, the EDC shall provide the following applicable customer information:
3.2.1 Account name;
3.2.2 Billing address;
3.2.3 Service address;
3.2.4 EDC account number and any other number designated by the EDC as necessary to process an enrollment;
3.2.5 Bill cycle;
3.2.6 Voltage level;
3.2.7 EDC rate class or code;
3.2.8 Load profile;
3.2.9 Meter number;
3.2.10 Meter type;
3.2.11 Multiple meter indicator;
3.2.12 Peak load contribution;
3.2.13 Metered demand;
3.2.14 Billed demand;
3.2.15 Monthly historical demand for the previous 12 months;
3.2.16 Monthly historical consumption for the previous 12 months;
3.2.17 Monthly time-of-use data for the previous 12 months;
3.2.18 Interval meter data for the previous 12 months; and
3.2.19 Dynamic pricing election, if any.
3.3 Customer Lists. An EDC shall make a customer list available to electric suppliers on a secure password-protected web portal. An EDC shall update the names and information included on the customer list semi-annually. A customer may elect to opt out of the list.
3.3.1 Each EDC shall refresh its customer list every three years. Prior to refreshing the customer list, each EDC shall notify customers that the customer list is being refreshed. A Customer's election to opt out shall be valid for a period of three years.
3.3.1.1 The notice from the EDC pursuant to subsection 3.3.1 shall communicate to customers the following information:
3.3.1.1.1 What the customer list is;
3.3.1.1.2 What information is to be included on the customer list;
3.3.1.1.3 What the more detailed information represents;
3.3.1.1.4 How this information is to be used by electric suppliers;
3.3.1.1.5 How the information is to be safeguarded by electric suppliers;
3.3.1.1.6 How widely the information will be disseminated;
3.3.1.1.7 The potential benefits to the customer of having its information included on the customer list; and
3.3.1.1.8 How the customer may opt out of the customer list.
3.3.1.2 An EDC's annual communication to customers shall be served electronically to those customers who have opted to receive their bills via electronic means.
3.3.2 An EDC's customer list shall contain the customers':
3.3.2.1 Name;
3.3.2.2 Service addresses;
3.3.2.3 Billing addresses;
3.3.2.4 Billing country code (if available);
3.3.2.5 Tariff rate class and schedule;
3.3.2.6 Rate subclass/rate subcode (if available);
3.3.2.7 Meter read cycle;
3.3.2.8 Load profile group per tariff;
3.3.2.9 Whether the customer is an SOS customer; and
3.3.2.10 Net metering (Y or N).
3.3.3 An electric supplier shall put into place safeguards to prevent the disclosure of information contained in the customer list provided by the EDC. As such, the information contained in the customer list is to be used by the electric supplier only for the purpose of marketing and providing electricity supply services directly to customers. An electric supplier shall keep the customer list in a secure and protected location. An electric supplier may provide access to the information in the customer list to those authorized by the electric supplier who require such information to market and provide electricity supply services to customers. Otherwise, an electric supplier shall not disclose information contained in the customer list except upon authorization of the customer.
3.3.4 An electric supplier may disclose a customer's billing, payment, and credit information for the sole purpose of facilitating billing, bill collection, and credit reporting.]
3.4 The provisions in this Section 3.0 shall be implemented on or before September 30, 2017. An EDC may request a waiver to extend that date for a period of time deemed reasonable by the Commission.

Notes

26 Del. Admin. Code § 3001-3.0
27 DE Reg. 983 (6/1/2024) (Final)

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