20.40.02.01

.01 Prohibited Utility Conduct with Affiliate.

A. This regulation does not apply to the practice of a utility holding company advertising companies within the utility holding company corporate family.

B. Services Generally. A utility may not:

(1) Represent to a customer or potential customer that any advantage or superior service will accrue because of the relationship between the utility and a core service affiliate or non-core service affiliate;

(2) Give any preference to a core service affiliate, or non-core service affiliate, or a customer of either in providing regulated utility service;

(3) Condition or tie the provision of regulated utility service to any other product or service;

(4) Except as provided in Regulation .02 of this chapter, engage in promotions, marketing, or advertising with a core or non-core service affiliate;

(5) Except with the informed consent of the customer and in compliance with the Commission's consumer protection regulations, disclose any customer-specific information obtained in connection with the provision of regulated utility service;

(6) Offer discounts, rebates, fee waivers, penalty waivers, or other special provisions for a tariff service to an affiliate or a customer of an affiliate, unless it makes the offer available to all similarly situated persons, and makes the offer in a manner designed to allow all an equal ability to utilize the offering;

(7) Except as provided in Regulation .02 of this chapter, market or promote its standard offer service;

(8) Provide sales leads to its core or non-core service affiliate; or

(9) Circumvent the provisions of this subtitle through the use of an affiliate as a conduit between the utility and its core service affiliate.

C. Core Service. A utility may not:

(1) Initiate a joint sales call with its core service affiliate, except when requested by a customer or when the customer has a contractual relationship with the utility and its core service affiliate;

(2) Operate from the same physical location used by a core service affiliate;

(3) Share core service information with a core service affiliate that could provide a competitive advantage in a discriminatory manner;

(4) Unless a utility has sufficient safeguards in place to prevent a core service employee from gaining access to utility information that it is prohibited from sharing under this subtitle, share electronic databases or electronic files with its core service affiliate; or

(5) Speak or appear to speak on behalf of its core service affiliate.