1. (1) Definition. Marketing Affiliate means a business entity, unregulated by the Commission, that is a subsidiary of a gas utility or is owned by or subject to control by the gas utility’s parent company, and sells gas at the retail level to a transportation customer on the gas utility’s system.

2. (2) Application of Tariff Provisions. A gas utility will apply tariff provisions relating to gas transportation service in the same manner to similarly situated marketers, brokers, or agents, whether or not they are affiliated with the gas utility. In addition, each gas utility:

   1. (a) Will not, through a tariff provision or otherwise, give its Marketing Affiliate or its Marketing Affiliate’s customers, preference over non-affiliated marketers or their customers in matters relating to:

      1. Receiving and processing transportation service requests or tariff sales requests from customers (customer service inquiry employees);

      2. Scheduling gas deliveries on the gas utility’s system;

      3. Making gas scheduling or allocation decisions;

      4. Purchasing gas or capacity; or

      5. Selling gas to end users behind the city gate.

   2. (b) Will not disclose, or cause to be disclosed, to any marketer, broker or agent;

      1. Previously non-public information about a customer without that customer’s prior authorization, or

      2. Previously non-public information the gas utility receives through its processing of requests for or provision of transportation service, unless such information is contemporaneously made available to similarly situated market participants.

   3. (c) Will charge the Marketing Affiliate the fully allocated costs for any general and administrative and support services provided to Marketing Affiliate;
   4. (d) Will prevent the flow of any type of subsidy from the utility to the Marketing Affiliate;
   5. (e) Will not condition or tie an offer or agreement to provide a transportation discount to a customer to a requirement that the gas utility’s Marketing Affiliate is involved in the transaction;
   6. (f) Will not give preference to its Marketing Affiliate regarding temporarily available gas or capacity, but will make temporarily available gas or capacity available to all similarly situated market participants;
   7. (g) Will maintain its books and records separately from those of its Marketing Affiliate; and
   8. (h) May not affirmatively promote or advertise its affiliate’s relationship with the utility for the purpose of soliciting subscribership.

Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-23-02, Amended 6-18-03.