Section 15-3902. LIMITATIONS ON JOINT MARKETING, SPACE, AND SALES FOR CORE SERVICE AFFILIATES  


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    3902.1Joint promotions, marketing, and advertising between an energy utility and its core service affiliate(s) are prohibited.  Joint marketing shall include the sharing of billing materials.  The energy utility may allow a core service affiliate access to space on its billing envelope or the ability to include marketing information inside the billing envelope only under the circumstance of a general promotion of supplier choice where space is made available to all competitors of the core affiliate under the same terms and conditions.

     

    3902.2 Joint sales calls shall not be initiated either by an energy utility or its core service affiliate(s).  However, when a customer requests a joint sales call, a joint sales call may be conducted.  If a customer enters into a contract with a core service affiliate, a joint call relating to that contract may be conducted.

     

    3902.3 An energy utility shall not provide sales leads to its core service affiliate(s). 

    3902.4  Marketing/advertising material used by the core service affiliate claiming an association with the energy utility shall include a disclaimer that:

     

    (a)The affiliate supplier is not the same company as the energy company, whose name or logo may be at least partially used;

     

    (b)The prices and services of the affiliate supplier are not set by the Commission; and

     

    (c)The customer is not required to buy energy or other products and services from the affiliate supplier in order to receive the same quality  service from the energy utility. 

     

    3902.5An energy utility and a core service affiliate(s) shall operate from physically separate locations to avoid the inadvertent sharing of information.  The core service affiliate(s) shall not share office space owned or used by the energy utility.

     

    3902.6An energy utility shall not ask a customer for consent to provide the customer’s name or information to its core service affiliates licensed in the District of Columbia.  An energy utility shall refrain from speaking to its customers for, or on behalf of, its core service affiliates.

authority

The Public Service Commission of the District of Columbia (Commission), pursuant to its authority under D.C. Code § 34-301 (2010 Supp.) and D.C. Code §§ 34-802 and 34-1513(c) (2001).

source

Notice of Final Rulemaking published at 58 DCR 1109, 1111 (February 4, 2011).