All employee transfers between a utility and its competitive energy affiliates shall comply with the following provisions:

1. (a) A utility shall track all employee transfers between the utility and its competitive energy affiliates;
2. (b) The utility shall report the information required to be tracked under (a) above as part of the compliance plan required by En 2103.01;
3. (c) Transfer between a utility and its competitive energy affiliates shall be limited to no more than 10% of the number of utility employees in the utility at the time of such transfer unless the utility demonstrates to the commission that additional transfers are necessary for the business of the competitive energy affiliate and that such transfers will not adversely impact the utility or customers;
4. (d) Once a utility employee becomes an employee of a competitive energy affiliate, the employee shall not be re-employed by the utility for a period of one year;
5. (e) The requirement in (d) above shall not apply if the competitive energy affiliate to which the utility employee transfers ceases to transact business in New Hampshire during the one year period;
6. (f) An employee who is hired by the competitive energy affiliate and becomes a utility employee shall not be transferred to, reassigned to, or otherwise employed by a competitive energy affiliate for a period of 2 years;
7. (g) The requirements in (d) through (f) above shall not apply to any utility employee covered by a collective bargaining agreement;
8. (h) No utility employee hired by or shared with a competitive energy affiliate shall remove or otherwise provide information to the competitive energy affiliate which the competitive energy affiliate would otherwise be precluded from obtaining pursuant to this chapter;
9. (i) Utility employees transferring from the utility to a competitive energy affiliate and shared utility employees shall not use customer information and distribution system information in a discriminatory fashion to the benefit of the competitive energy affiliate or to the detriment of non-affiliated energy competitors;
10. (j) A utility shall not make temporary or intermittent assignments or rotations of its employees to its competitive energy affiliates in a manner designed to circumvent the prohibitions concerning the provision of information contained in (h) and (i) above; and
11. (k) A transferring or shared employee shall sign a statement, which the utility shall file as part of the compliance plan required by En 2103.01, attesting that the employee is aware of and understands the restrictions set forth in this chapter and the attendant consequences of violations of those provisions.

Source. #7884-A, eff 5-2-03, EXPIRED: 5-2-11 New. #9921, eff 5-3-11; ss by #10909, eff 8-8-15; ss by #14556, eff 4-15-26, EXPIRES: 4-15-36