65-407 PUBLIC UTILITIES COMMISSION

SUMMARY: This rule, adopted pursuant to 35 M.R.S.A. §§3, 4, 5, 6, 105, 296, 313, and 314 reiterates that records of a customer's credit history that are in the possession of a utility may be inspected by the Commission. It also clarifies that such records which are provided to the Commission are confidential and therefore not available for public inspection. Finally, though such records are considered confidential, the rule provides that any good faith disclosure shall not be considered a violation of 35 M.R.S.A. §5.

1. Inspection

Upon the request of the Commission, a utility must provide all written information within the utility's possession about the credit history of any customer.

2. Information furnished to the Commission pursuant to Section 1 of this Chapter, or pursuant to Chapter 81 of the Commission's Rules, is confidential under 35 M.R.S.A. §5 and is therefore not an accessible public record pursuant to 1 M.R.S.A. §402(3)(A). The Commission, at its discretion, may disclose the records or the information in the records to the customer, the customer's representative, and other public agencies which agree to keep such information confidential. Disclosure to any other person which is made in good faith and without malice shall not constitute a violation of 35 M.R.S.A. §5 and shall not subject the Commission or its employees to any penalties included in §5.

3. Delegation to Consumer Assistance Division

The Consumer Assistance Division may act on behalf of the Commission for purposes of this rule.

STATUTORY AUTHORITY: 35 M.R.S.A. §3, 4, 5, 6, 105, 296, 313, and 314.

EFFECTIVE DATE:

September 21, 1985.

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

NON-SUBSTANTIVE CHANGES:

March 24, 1999 - converted to MS Word.