Section 69-09-02-38 - Advertising by electric utilities1. Definitions. For purposes of this section: a. "Advertising" means the commercial use, by an electric utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to the utility's electric customers.b. "Institutional advertising" means advertising which has as its primary objective the enhancement or preservation of the corporate image of the utility and to present it in a favorable light to the general public and investors.c. "Political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.d. "Promotional advertising" means any advertising for the purpose of encouraging any person to select or use the service or additional service of an electric utility or the selection or installation of any appliance or equipment designed to use the utility's service.e. "Institutional advertising", "political advertising", and "promotional advertising" do not include:(1) Advertising which informs electric customers how they can conserve energy or can reduce peak demand for electric energy.(2) Advertising required by law or regulations.(3) Advertising relating to service interruptions, safety measures, or emergency conditions.(4) Advertising concerning employment opportunities with an electric utility.(5) Advertising which promotes the conservation of limited resources, the use of more plentiful resources, or the use of energy efficient appliances, equipment, or services.(6) Any explanation or justification of existing or proposed rate schedules, or notifications of hearings thereon.(7) Advertising determined by the commission to benefit customers and serve the public interest.2. Any expenditure by the utility for institutional, promotional, or political advertising shall be excluded from operating expenses in the cost of service determination for ratemaking purposes.3. Advertising expenditures which are reasonable in amount and which are not excluded by the provisions of this section may be included as operating expenses in the cost of service determination for ratemaking purposes.N.D. Admin Code 69-09-02-38
Effective October 1, 1980.General Authority: NDCC 49-02-11
Law Implemented: NDCC 49-02-11