4 Colo. Code Regs. § 723-4-4031

Current through Register Vol. 47, No. 20, October 25, 2024

Section 4 CCR 723-4-4031 - Local Government Access to Customer Data from a Utility for Audit

(a) A utility may disclose customer data to a local government either with an audit required to be provided pursuant to a final Commission decision (e.g., a decision approving a franchise agreement) or as reasonably necessary for an audit conducted by a governmental entity of franchise fees paid to them by the utility, provided that:

(I) disclosure is not otherwise prohibited by a final Commission decision (e.g., Commission-approved franchise between the utility and the local government);

(II) disclosure is made to a designated auditor or auditor's office, who is either an employee or agent of the local government;

(III) the auditor collects and uses the customer data solely for the purpose of reviewing or conducting the audit and is prohibited from disclosing or using the customer data for a purpose not related to the audit;

(IV) the local government implements and maintains data security procedures and practices to protect the customer data from unauthorized access, destruction, use, or modification;

(V) the local government destroys or returns to the utility of any customer data no longer necessary for the purpose for which it was transferred unless state law or the municipality's state-mandated retention schedule requires otherwise;

(VI) the local government agrees not to permit access to the data by anyone that has not agreed to abide by the terms pursuant to which the data was provided by the utility. This includes, but is not limited to, all interns, subcontractors, staff, other workforce members, and consultants;

(VII) the local government agrees that any recipient of the data pursuant to this rule does not obtain any right, title or interest in any of the data provided by the utility;

(VIII) governing law or a non-disclosure agreement executed with the utility requires that the local government, at a minimum, comply with the requirements of this rule; and

(IX) the data requested is for utility customers served in the boundaries of the local government.

(b) The utility shall maintain records of all disclosures of customer data to local government requestors for a minimum of three years.

(c) Availability of customer data pursuant to this rule does not preclude a local government from requesting other data reports.

4 CCR 723-4-4031

38 CR 17, September 10, 2015, effective 9/30/2015

40 CR 01, January 10, 2017, effective 1/30/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 07, April 10, 2019, effective 4/30/2019

43 CR 08, April 25, 2020, effective 5/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 06, March 25, 2023, effective 1/25/2023

46 CR 08, April 25, 2023, effective 5/15/2023