{"operation":"document","citation":"4 CCR 723-4 Rule 4034","title":"Property Owner Request for Whole Building Energy Use Data from a Utility","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"(a) If requested by a property owner or its authorized agent, a Tier I utility shall provide whole building energy use data to the property owner or its authorized agent so long as: (I) the whole building energy use data contains at least four customers or tenants, which may include the property own","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4034.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4034.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4034","source_url":"https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4","body":"(a) If requested by a property owner or its authorized agent, a Tier I utility shall\nprovide whole building energy use data to the property owner or its authorized\nagent so long as:\n(I) the whole building energy use data contains at least four customers or\ntenants, which may include the property owner’s own account; and no\nsingle customer’s customer data, unless it is the property owner’s,\ncomprises more than 50 percent of the whole building energy use data\nused to generate the whole building energy use data report;\n(II) the property owner or its authorized agent agrees to not disclose the\nwhole building energy use data except for the purposes of building\nbenchmarking, identifying energy efficiency projects, and energy\nmanagement; and\n(III) the property owner or its authorized agent signs a non-disclosure\nagreement with the utility requiring the property owner, at a minimum to:\n(A) take appropriate administrative, technical, and physical safeguards\nto protect the whole building data from any unauthorized use or\ndisclosure to protect the data from unauthorized access,\ndestruction, use, modification, or disclosure;\n(B) only use the whole building data only for the purposes of building\nbenchmarking, identifying energy efficiency projects, energy\nmanagement, and complying with laws or ordinances;\n(C) agree not to attempt to determine an individual utility customer’s\nenergy use from the whole building data and not to use the\ninformation to contact the subject of the information;\n(D) agree not to use the whole building energy use data for a\nsecondary commercial purpose not related to the authorized\npurpose without first obtaining the customer’s consent as provided\nfor in these rules;\n(E) destroy any whole building energy use data that is no longer\nnecessary for the purpose for which it was transferred;\n(F) agree not to permit access to the whole building data by anyone\nthat has not agreed to abide by the terms pursuant to which the\ndata was provided by the utility. This includes, but is not limited to,\nall interns, subcontractors, staff, other workforce members, and\nconsultants; and\n\n(G) agree that any recipient of the whole building data pursuant to this\nrule does not obtain any right, title or interest in any of the data\nprovided by the utility.\n(b) Upon request by a property owner or its authorized agent, a Tier II utility shall\nprovide whole building energy use data upon the same conditions to the extent\nof, and based upon, information available in the ordinary course of business.\n(c) A utility shall provide a requested whole building energy use data report in\nelectronic, machine readable format that conforms to nationally recognized open\nstandards and best practices.\n(d) A utility may charge a property owner or its authorized agent for the development\nof a whole building energy use data report. Such rate shall be determined in a\nutility tariff as a non-standard aggregated data report. Alternatively, the utility\nneed not charge the customer if the cost to charge a property owner or its\nauthorized agent is greater than the cost to develop a whole building energy use\ndata report.\n(e) Availability of whole building energy use data pursuant to this rule does not\npreclude a property owner from requesting other data reports.","truncated":false,"body_characters":3276}