Colorado Public Utilities Commission Grants Partial Variance for Low-Income Energy Assistance Program

Strategic Insights -

The Colorado Public Utilities Commission has made a decision regarding the disclosure of personal information to support the implementation of the Low-Income Energy Assistance Program. On October 11, 2023, the Commission adopted a decision that grants, in part, and denies, in part, the joint motion filed by Atmos Energy Corporation, Black Hills Colorado Electric, LLC, Black Hills Colorado Gas, Inc., Colorado Natural Gas, Inc, Energy Outreach Colorado (EOC), and Public Service Company of Colorado.

The joint motion sought to allow the disclosure of associated donor customer account numbers to EOC, which would support EOC's administration of the Colorado Low-Income Energy Assistance Program. The Commission agreed to the proposed remedies, including clear customer notification language and the execution of a non-disclosure agreement (NDA) between EOC and each utility. These measures aim to balance customer privacy concerns with the need for EOC to receive customer account information to administer the LEAP program.

Key Takeaways:

  • The Colorado Public Utilities Commission has granted partial variance from Rule 1105 regarding the disclosure of personal information to support the Low-Income Energy Assistance Program.
  • The Commission has accepted the proposed remedies, including clear customer notification language and the execution of an NDA between EOC and each utility.
  • The NDA will require EOC to maintain reasonable data security procedures and practices to protect customer account information.
  • The LEAP program enables utilities to provide affordable services to eligible customers, and the disclosure of customer account information is necessary to facilitate the administration of the program.
  • Staff raised concerns about customer privacy, but the Commission has found that the proposed remedies adequately address these concerns.
  • The decision acknowledges that waiver of the Commission's past order is not necessary, and the limited waiver granted in Decision No. C23-0043 has passed.
  • The parties involved are not precluded from seeking future rule changes that further clarify and include specific data permitted to be provided by the utility.

Statistics:

  • 2 decades of successful administration of the LEAP program by EOC.
  • 70% of Colorado households rely on public utilities for energy (Source: [U.S. Energy Information Administration]( https://www.eia.gov/state/overview/state/co) )
  • 2023 marked a significant year for the LEAP program, with the Commission extending the waiver of Rule 1501(a) through late summer 2023.
  • Clear customer notification language will be incorporated into utilities' monthly bills to inform customers about the disclosure of their account information.

Sources:

  • Decision No. C23-0686 PROCEEDING NO. 22V-0517EG - Colorado Public Utilities Commission
  • Decision Nos. C23-0043 and C23-0427 - Colorado Public Utilities Commission
  • Rules 3411, 4 Code of Colorado Regulations (CCR) 723-3, and 4411, 4 CCR 723-4 - Colorado Public Utilities Commission
  • SSSS 40-8.7-101 through 111, C.R.S. - Colorado Revised Statutes