Section 291-9-018 - CONSUMER CHOICE PROGRAMS018.01 Code of Conduct Any jurisdictional utility offering consumer choice programs shall in its tariff approved by the Commission, adopt a code of conduct for jurisdictional utilities, suppliers and aggregators participating in the consumer choice programs.
018.01A Jurisdictional Utility Code of Conduct: Any code of conduct for jurisdictional utilities adopted by a jurisdictional utility offering consumer choice programs shall at a minimum include the following principles 018.01A1 Separate accounting records for revenue and costs.018.01B No preferential treatment or advantage be given, either overtly or covertly, to any supplier participating in a choice gas program by the jurisdictional utility operating the choice gas program.018.01C Any information disclosed by a jurisdictional utility operating a choice gas program shall be made available in a reasonable time and manner to all participating suppliers. This provision does not include disclosure of confidential customer information.018.01D A requirement that any rule, regulation and/or tariff provision applied by a jurisdictional utility in the administration of a choice gas program be done in a non-discriminatory, equal manner.018.01E A jurisdictional utility offering a consumer choice program(s) shall not by word or action misrepresent the cost, quality, or reliability of a particular gas supplier or aggregator or represent that the regulated gas service would/could be adversely affected by a customer selection of a particular gas supplier or aggregator.018.01F A jurisdictional utility offering a consumer choice program(s) shall not misrepresent or misquote the commodity price of any supplier or aggregator.018.01G A jurisdictional utility offering a consumer choice program(s) shall not market or advertise its services in a misleading or deceptive manner;018.01H A jurisdictional utility offering a consumer choice program(s) shall not engage in any activities under a consumer choice program detrimental to the consumer including, but not limited to, activities such as slamming or cramming;018.01I A jurisdictional utility offering a consumer choice program(s) shall not unduly discriminate against similarly situated customers.018.01J In the event the jurisdictional utility also acts as a participant supplier in a choice program shall018.01J1 Keep separate accounting records for the activities of the choice gas program and supplier;018.01J2 Keep separate and distinct all marketing, advertising and other promotional activities. Regulations.018.02 Supplier/Aggregator Code of Conduct Any tariff filed by a jurisdictional utility offering a consumer choice program shall include a code of conduct for participating suppliers and aggregators. The supplier/aggregator code of conduct shall at a minimum include the following principles:
018.02A A supplier or aggregator participating in a consumer choice program shall not misrepresent through word or action the quality or reliability of other gas suppliers and/or aggregators.018.02B A supplier or aggregator participating in a consumer choice program shall not misrepresent or misquote the commodity price of any supplier or aggregator.018.02C A supplier or aggregator participating in a consumer choice program shall not market or advertise its services in a misleading or deceptive manner.018.02D A supplier or aggregator participating in a consumer choice program shall not engage in any activities under a consumer choice program detrimental to the consumer including, but not limited to, activities such as slamming or cramming.018.02E A supplier or aggregator participating in a consumer choice program shall not unduly discriminate against similarly situated customers.018.02F A supplier participating in a consumer choice program shall report to the Commission no later than thirty (30) days following the close of the consumer choice supplier selection period the highest and lowest price offered by the supplier during the consumer choice supplier selection period and the rate determined for customers who did not make a selection during the consumer choice supplier selection period.018.03 Annual Report A jurisdictional utility offering a consumer choice program shall submit a report to the Commission pursuant to this section on an annual basis. The report shall be provided to the Commission no later than thirty (30) days following the close of the consumer choice supplier selection period. The report shall include the following information:
018.03A A list of all suppliers that participated in the choice gas program.018.03B For each participating supplier the total number of customers that selected that supplier.018.04 Examination and Audit Requirements Consistent with Neb. Rev. Stat. § 66-1818, the Commission may require an examination and audit of any jurisdictional utility offering consumer choice programs.
291 Neb. Admin. Code, ch. 9, § 018