Within 90 days of the completion of the record on Formal Case 945, the Commission shall issue an order regarding the demand-side management programs proposed by the electric company. In considering Formal Case 945, the Commission shall seek to approve those programs that: Can be implemented most quickly; Take advantage of the electric company’s frequent contact with customers; and Do not replicate the efforts of sustainable energy programs operated by the DDOE. The programs that the Commission approves may be funded by the SETF under § 8-1774.10 . Within 30 days after the execution of a contract with the SEU, the electric company shall disclose, or allow access to, the aggregate energy use data for every rate class for electric company customers in the District of Columbia. Customer-specific information, including the customer’s name, account number, service address, phone number, and energy use data, shall not be provided without the customer’s express written consent. The electric company shall ensure the privacy of any and all customer information, including the electric company customer’s name, account number, service address, billing address, phone number, and energy use data, in making the disclosure. The SEU shall not sell or otherwise disclose any customer or billing information to any third party without express written authorization from the customer. The electric company shall not be liable for any damages resulting from its provision of customer energy use data to the SEU absent gross negligence. The SEU shall be liable for damages to the customer for any unauthorized use of customer information or data, including the electric company customer’s name, account number, service address, billing address, phone number, and energy use data. Within one year after October 22, 2008, all energy efficiency and renewable energy programs administered by the electric company and funded by the SETF shall be operated in coordination with the brand managed by the DDOE. To effectuate this mandate, the electric company shall: Prominently display the name and logo of the brand name on all advertisements of the programs; Include the website and phone number for the DDOE brand on all advertisements of the programs; Post a link to the brand website on all company webpages related to energy efficiency and renewable energy; and Provide timely, accurate, and comprehensive information regarding its programs to the DDOE to permit DDOE to include such information in material provided to the public. The electric company shall undertake the following actions to provide a building owner with easier and more complete access to energy consumption data needed to promote energy conservation and comply with the benchmarking and reporting requirements in § 6-1451.03(c) : Upon written or secure electronic authorization of a building owner or the owner’s authorized agent, aggregate the energy consumption of all meters identified as being in the building and provide the data, separated by month; provided, that the following conditions are met: Sufficient information, including building address, meter numbers, or account numbers, is provided to identify the building and meters; At least 5 customer accounts are being aggregated, so as to obscure any customer-specific information; and No customer account, other than an account registered to the building owner making the request, represents more than 80% of the total energy consumption for the building; Provide aggregate data for at least 2 years before the initial request and automatically update the monthly data on an ongoing basis at least once every 45 calendar days; Provide an online portal for a building owner to use to request the provision and transfer of aggregate account data, or individual customer account data the building owner is duly authorized to access, to manage requests made, and to discontinue active requests; and Upload requested electric consumption data automatically on an ongoing basis, at least once every 45 calendar days, to the requestor’s ENERGY STAR Portfolio Manager account, as well as make the data available for an account holder to download in a common format. Access to consumption data under this section shall be subject to any rules and regulations the Commission has adopted or may choose to adopt, where the rules do not conflict with this section.
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