20.40.02.02

.02 Authorized Utility — Affiliate Activity.

A. Use of Corporate Name, Trade Names, Trademarks, and Logos.

(1) A utility may authorize its affiliate to use advertising, which uses the utility's corporate name, trade names, trademarks, and logos.

(2) Disclaimer.

(a) Except as provided in §A(3) of this regulation, when a utility authorizes an affiliate to use its corporate name, trade name, trademark, or logo in an advertisement for a core or non-core service, the utility shall require the affiliate to include a disclaimer in the advertisement.

(b) The disclaimer required under §A(2)(a) of this regulation is: "(affiliate name) is not the same company as (utility name), a regulated utility".

(3) When a utility authorizes an affiliate to use its corporate name, trade name, trademark, or logo in an image advertisement, regulatory filing, or materials intended to provide information about corporate securities, the utility is not required to mandate that its affiliate include the disclaimer prescribed in §A(2) of this regulation.

B. A utility may engage in a joint promotion with a core service affiliate if:

(1) It affords all similarly situated non-affiliated licensed electricity or gas suppliers the opportunity to participate in the promotion; and

(2) The offer to participate is made in a manner designed to allow an equal opportunity to utilize the promotion.

C. A utility may provide unbiased information about the availability and terms of standard offer service.