Customer Consent Form for the Disclosure of their Customer Data to Third Party Recipients by a Utility

(a)A utility shall make available to any third party a consent form for the disclosure of customer data that is maintained by the Commission and available from the Commission's website. The form shall be available electronically from the utility. The consent form shall be provided in a non-electronic format by a utility upon request from a customer or third party.#

(b)In addition to the Commission supplied form, a utility may create and make available a consent form that:#

(I)includes the same information contained in the annual notice provided under subparagraphs 4028(a)(V), (VI), (VII), and (XIII);#

(II)provides spaces for the following required information regarding the third party recipient of the customer data:#

(A)the name, including trade name if applicable, physical address, mailing address, e-mail address, and telephone number;#

(B)the uses of the data for which the customer is allowing disclosure;#

(C)the time period (e.g., months, years) for which data are being requested; and#

(D)the description of the data that are being requested;#

(III)states that the consent is valid until terminated;#

(IV)states that the customer must notify the utility service provider in writing (electronically or non-electronically) to terminate the consent including appropriate utility contact information;#

(V)states any additional terms except an inducement for the customer's disclosure;#

(VI)be viewable on-line and printed in ten point or larger font; and#

(VII)provides notice to the customer that the utility shall not be responsible for monitoring or taking any steps to ensure that the third party to whom the data is disclosed is maintaining the confidentiality of the data or using the data as intended by the customer.#

(c)A utility may make available an electronic customer consent process for disclosure of customer data to a third party (e.g., a utility controlled web portal) that authenticates the customer identity. The contents of the electronic consent process must generally follow the format of the model consent to disclose customer data form, be clear, and include the elements to be provided pursuant to paragraph (a) of this rule. No utility is required to provide an electronic consent process in a language other than English.#

(d)A utility may make available an in-person consent process for disclosure of customer data.#

(e)A consent form may be submitted to the utility through electronic or non- electronic methods.#

(f)The scope of consent given shall be defined by the terms of the consent form, except that changes of contact names for an organization, trade name, or utility over time do not invalidate consent as to the respective organization, trade name, or utility. Because the contact named for an organization, trade name, or utility is a representative of the respective organization, trade name, or utility, consent terminates as to such contact when the relationship with the organization, trade name, or utility terminates. Modifications to the consent form over time do not invalidate previous consent. Consent need not be provided on a new form so long as the data provided remains within the scope of consent.#

(g)Customer consent forms shall be available in English and Spanish. Customer consent forms may be translated to into languages other than English or Spanish by a third party or the utility. Forms translated to other languages in accordance with this rule must be accepted by utilities, and may be relied upon, after the English version of the form, the translated version of the form, and an affidavit attesting to the accurate and complete translation from the English version of the form, have been provided to the Commission and the utility possessing the data. Such affidavit must be signed by an interpreter on the active roster of interpreters maintained by the Office of Language Access of the Colorado Judicial Branch. If a utility incurs a cost for a translation at the request of a third party, it may charge the requestor for such cost and may include a reasonable administrative fee in addition to the translation cost.#

(h)Any customer consent forms available from the Commission's website shall be presumed to comply with these rules.#