# Property Owner Request for Whole Building Energy Use Data from a Utility

- **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:** Not available
- **effective on:** Not available
- **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
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 owner’s own account; and no
single customer’s customer data, unless it is the property owner’s,
comprises more than 50 percent of the whole building energy use data
used to generate the whole building energy use data report;
(II) the property owner or its authorized agent agrees to not disclose the
whole building energy use data except for the purposes of building
benchmarking, identifying energy efficiency projects, and energy
management; and
(III) the property owner or its authorized agent signs a non-disclosure
agreement with the utility requiring the property owner, at a minimum to:
(A) take appropriate administrative, technical, and physical safeguards
to protect the whole building data from any unauthorized use or
disclosure to protect the data from unauthorized access,
destruction, use, modification, or disclosure;
(B) only use the whole building data only for the purposes of building
benchmarking, identifying energy efficiency projects, energy
management, and complying with laws or ordinances;
(C) agree not to attempt to determine an individual utility customer’s
energy use from the whole building data and not to use the
information to contact the subject of the information;
(D) agree not to use the whole building energy use data for a
secondary commercial purpose not related to the authorized
purpose without first obtaining the customer’s consent as provided
for in these rules;
(E) destroy any whole building energy use data that is no longer
necessary for the purpose for which it was transferred;
(F) agree not to permit access to the whole building data by anyone
that has not agreed to abide by the terms pursuant to which the
data was provided by the utility. This includes, but is not limited to,
all interns, subcontractors, staff, other workforce members, and
consultants; and

(G) agree that any recipient of the whole building data pursuant to this
rule does not obtain any right, title or interest in any of the data
provided by the utility.
(b) Upon request by a property owner or its authorized agent, a Tier II utility shall
provide whole building energy use data upon the same conditions to the extent
of, and based upon, information available in the ordinary course of business.
(c) A utility shall provide a requested whole building energy use data report in
electronic, machine readable format that conforms to nationally recognized open
standards and best practices.
(d) A utility may charge a property owner or its authorized agent for the development
of a whole building energy use data report. Such rate shall be determined in a
utility tariff as a non-standard aggregated data report. Alternatively, the utility
need not charge the customer if the cost to charge a property owner or its
authorized agent is greater than the cost to develop a whole building energy use
data report.
(e) Availability of whole building energy use data pursuant to this rule does not
preclude a property owner from requesting other data reports.
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