"[M]unicipalities are different from ESCOs and should receive preferential treatment when it comes to [customer] data access," Citizens for Local Power said in comments to the New York PSC

"Municipalities and their elected representatives have a fundamental responsibility to provide security, economic development, and reliable services to their communities," Citizens for Local Power said

Accordingly, Citizens for Local Power said that municipalities should not be charged to receive customer data, stating that any charges would hinder municipal aggregation plans

Citizens for Local Power describes itself as, "a community-based organization working to transform energy policy and practice in the mid-Hudson Valley," and has been engaged in promoting opt-out municipal aggregation

Citizens for Local Power also said that restrictions should be placed on ESCO use of customer data:

"We worry that ESCOs or other third-party providers will seek to benefit financially from customer data in ways that are aimed not at providing 'ancillary services' to the customers, but at enriching the ESCOs and third-party providers at the customers’ expense, by either selling their information or engaging in marketing efforts that are unrelated to energy improvements benefiting the customer. To limit this risk, we ask that any permission to use customer data be accompanied by a clear and unambiguous prohibition against the marketing and sale of customer data by ESCOs to third parties, or their use outside a specific range of purposes. To be effective, the prohibition must be accompanied by legally enforceable sanctions that are significant enough to be a real disincentive. According to the Public Utility Law Project, the PSC has never levied monetary penalties under Section 25 of the Public Service Law for any ESCO violation. Beyond monetary penalties, ESCOs should also be faced with the possibility that the privilege of accessing consumer data could be revoked altogether."

Citizens for Local Power did not address the need for similar provisions applying to municipalities receiving customer data.

Tags:
New York   Customer Data   Municipal Aggregation  

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