65- 407 C.M.R. ch. 322, § 9

Current through 2024-25, June 19, 2024

Section 407-322-9 - TRANSFER OF CUSTOMER DATA

A. Transfer of Customer-Specific Data

1. Applicability

For purposes of this subsection, competitive electricity providers include aggregators, brokers, and standard offer providers.

2. Provision of Customer-Specific Information

Upon request by a competitive electricity provider, the transmission and distribution utility shall provide to the competitive electricity provider a customer's kWh usage, maximum monthly demands (if recorded for billing purposes), and other customer-specific information, agreed upon by the competitive electricity provider and the transmission and distribution utility, related to the customer's identity and usage, for each billing period in the previous 12 months, to the extent that it is available.

3. Charges

The transmission and distribution utility shall charge a competitive electricity provider its incremental costs of providing all data described in Section 9(A)(2) to the competitive electricity provider. These costs shall not include development, installation, maintenance, or training needs carried out by the transmission and distribution utility in support of electronic data transfer. The costs and terms of payment shall be contained in the contract between the transmission and distribution utility and the competitive electricity provider.

4. Transfer of Additional Data

The transmission and distribution utility may provide a competitive electricity provider with information not specified in Section 9(A)(2) and Section 9(B) at the request of the competitive electricity provider in accordance with Section 2(B). The transmission and distribution utility shall comply with such requests to the greatest extent practicable.

5. Authorization

a. Before issuing a request to receive customer-specific information, a competitive electricity provider must obtain customer authorization . Customer authorization may be in writing, provided electronically, or occur through a notification in the competitive provider's terms of service document issued pursuant to Chapter 305. The notification shall specify that by becoming a customer of the competitive electricity provider, the customer authorizes the transmission and distribution utility to provide customer-specific information to the competitive electricity provider. The notification in the terms of service document must be conspicuous and precisely identify the information that may be provided. If customer authorization is provided electronically, the competitive electricity provider must maintain a security system sufficient to confirm the identify the customer.

b. Before providing customer-specific information to the competitive electricity provider, the transmission and distribution utility must obtain written evidence that the provider has complied with the customer authorization requirement. This requirement is satisfied by a contractual provision or a written certification that obligates the competitive electricity provider to seek customer-specific information from the utility only after complying with the customer authorization requirements contained in Commission rules.

c. This customer authorization provision does not apply to routine business data transferred pursuant to section 9(B).

B. Routine Business Data

1. Applicability

For purposes of this subsection, competitive electricity providers include standard offer providers.

2. Transfer of Routine Business Data

The transmission and distribution utility shall provide to the competitive electricity providers serving customers in its territory, and competitive electricity providers shall provide to the transmission and distribution utility, the data necessary to carry out routine business transactions as specified in the EBT Standards.

3. EBT Standards

Each transmission and distribution utility and each competitive electricity provider shall transfer data between each other in accordance with procedures and formats specified in the EBT Standards, except, however, consumer-owned utilities may carry out alternative transfer procedures subject to approval by the Commission. Any costs or charges of sending data pursuant to this subsection shall be paid by the entity that sends the data. Any costs or charges of receiving data shall be paid by the entity that receives the data.

4. EBT Training

Each competitive electricity provider and each transmission and distribution utility shall be capable of complying with the data transfer provisions in Section 9(B)(1). An individual with responsibility for compliance with these provisions shall attend a training session(s) as established in the EBT Standards. A competitive electricity provider must attend training and demonstrate successful data transaction capability with a transmission and distribution utility using the procedures established in the EBT Standards before providing a notification to enroll a customer with the transmission and distribution utility. Transmission and distribution utilities shall share the responsibility and costs for conducting the training required in this provision in proportions related to their annual kWh sales.

5. Authorization

For purposes of routine business data, the enrollment of a customer shall be considered authorization for the transmission and distribution utility to provide routine business data to the competitive electricity provider.

65- 407 C.M.R. ch. 322, § 9