1. (a) Mass customer lists.

   1. (1) Contents of mass customer list. A mass customer list shall consist of the name, billing address, rate classification, monthly usage for the most recent 12-month period, meter type, and account number or electric service identifier (ESI). All customers eligible for the price to beat pursuant to the Public Utility Regulatory Act §39.202 shall be included on the mass customer list, except a customer who opts not to be included on the list pursuant to paragraph (2) of this subsection.

   2. (2) Prior to the release of a mass customer list, the entity required to release the mass customer list shall issue a mailing to all customers who may be included on the list, but that have not previously received such a mailing from that entity. The mailing shall:

      1. (A) explain the issuance of the mass customer list;
      2. (B) provide the customer with the option of not being included on the list and allow the customer at least 15 days to exercise that option;
      3. (C) inform the customer of the availability of the statewide Do Not Call List pursuant to §25.484 of this title (relating to Do Not Call List) and provide the customer with information on how to request placement on the list;
      4. (D) provide a postage-paid postcard, a toll free telephone number, and an Internet website address to notify the entity required to release the list of the customer's desire to be excluded from the mass customer list.
   3. (3) Release dates. The commission will require the electric utility to release a mass customer list on or before September 1, 2001. Each retail electric provider (REP) shall release a mass customer list on December 31 of each year from 2002 to 2006. A customer that elects, at any time, not to be included on the mass customer list shall have that option honored through December 31, 2006.
   4. (4) The mass customer list shall be issued, at no charge, to all REPs certified by, and aggregators registered with, the commission that will be providing retail electric or aggregation services to residential or small commercial customers.
   5. (5) A REP shall not use the list for any purpose other than marketing electric service and verifying a customer's authorized selection of a REP prior to submission of the customer's enrollment to the registration agent.

2. (b) Individual customer information.

   1. (1) Except as specified in subsection (a) of this section, a REP or aggregator shall not release proprietary customer information, as defined in §25.272(c)(5) of this title (relating to Code of Conduct for Electric Utilities and Their Affiliates), to any other person, including an affiliate of the REP, without obtaining the customer's verifiable authorization by means of one of the methods authorized in §25.474 of this title (relating to Selection or Change of Retail Electric Provider). This prohibition shall not apply to the release of such information by a REP or aggregator to:

      1. (A) the commission in pursuit of its regulatory oversight or the investigation and resolution of customer complaints involving REPs or aggregators;
      2. (B) an agent of the REP or aggregator engaged to collect an overdue or unpaid amount or to perform any of the duties of the REP or aggregator if such duties are outsourced;
      3. (C) credit reporting agencies pursuant to state and federal law;
      4. (D) an energy assistance agency to allow a customer to qualify for and obtain other financial assistance provided by the agency;
      5. (E) local, state, and federal law enforcement agencies pursuant to lawful process; or
      6. (F) the transmission and distribution utility within whose geographic service territory the customer is located, pursuant to the provisions of the transmission and distribution utility's commission-approved Tariff for Retail Delivery Service.
   2. (2) A REP or aggregator shall not publicly disclose or make available for sale any customer-specific information about its customers including that obtained from the registration agent, the customer's transmission and distribution utility, or the customer. A REP or aggregator shall not disseminate, sell, deliver or authorize the dissemination, sale, or delivery of any customer-specific information or data obtained.
   3. (3) A REP shall, upon the request of the customer or another REP that has received authorization from the customer, submit to the requesting REP or to the customer directly, the monthly usage of the customer for the previous 12 months, or for as long as the REP has provided service to the customer, whichever is shorter. The methods of authorization of release of customer specific information shall be those methods described in §25.474 of this title. A customer shall be entitled to request this information free of charge at least once every 12 months.
   4. (4) Upon the request of a customer, a REP shall notify a third person chosen by the customer of any pending disconnection of service or termination of contract for electric service with respect to the customer's account.
   5. (5) This section shall not be interpreted to prevent a REP's communication of proprietary customer information to the registration agent in order to effectuate a customer selection or change of a REP or the customer's switch to the provider of last resort.
   6. (6) A REP may release proprietary customer information, as defined in §25.272(c)(5) of this title, to the registration agent, under terms approved by the commission.

Source Note:The provisions of this §25.472 adopted to be effective January 15, 2001, 26 TexReg 125.