Sharing Low-Income Customer Information Water & Energy Utilities

1. Sharing Low-Income Customer Information Water & Energy Utilities LIOB Meeting – March 2009 Seaneen M Wilson Division of Water & Audits

2. Sharing of Customer Information Would Benefit Low-Income Customers • Streamline water low-income program application process for water utility customers. • Increase number of low-income customers reached by water utility assistance programs. • Coordinated outreach effort between energy and water utilities, which could reduce program costs. • Ensure process complies with previous Commission Decisions & Programs, Public Utilities (PU) Code, and State and Federal Laws.

3. Research Feasibility By Reviewing Commission Policy, State and Federal Laws, and Technology Challenges • Energy utilities successfully share customer name and address for automatic enrollment into CARE in overlapping service areas (required some programming). • Sharing between energy utilities automatically enrolled over 115,000 customers into CARE in 2007, at low cost. • Energy utilities share same information with the Department of Community Services and Development, to leverage Federal LIHEAP funds. This was achieved with a memorandum of understanding. • Commission determined that different definition of household and income guidelines currently precludes automatic enrollment between CARE and ULTS (D.02-07-033).

4. Commission Dictates - 1 • SB580, approved by the Governor in October 2005, provides support for sharing of low-income customer information: • Requires that Energy utilities streamline enrollment process through collaboration with other utilities, while complying with State & Federal Privacy Laws. • Provides clear legislative intents for sharing of customer information between utilities. • Public Utilities (PU) Code §382.1(a)(5) - Assist in streamlining the application and enrollment process of programs for low-income electricity and gas customers with general low-income programs, including, but not limited to, the Universal Lifeline Telephone Service (ULTS) program and, including compliance with Section 739.1. • PU Code §382.1(e) (1) - Work with the board, interested parties, and community-based organizations to increase participation in programs for low-income customers.

5. Commission Dictates - 2 • General Order 168, Telecommunications Consumer Bill of Rights, in part, states: • Consumers have right to personal privacy, and protection from unauthorized use of personal information and records. • Privacy Policies on Commission Website • References numerous state laws and provides detailed privacy requirements regarding treatment of personally identifiable information. • Standard Practice U-15-W references PU Code 588, regarding release of customer information to the public.

6. Commission Dictates - 3 • PU Codes address customer confidentiality for electric, gas, and telephone utilities: • PU Code §394.4 – customer information is confidential, unless customer consents in writing to disclosure. • PU Code §588(b) – an inspector or investigator with a district attorney’s office may request and receive customer information. • PU Code § 2891-2894.1 – requires that telephone subscribers be provided with information regarding their privacy rights, under state and federal law, regarding telephone solicitations

7. Select California Privacy Laws • Constitution, Article 1, Section 1 – Gives each citizen an “inalienable right” to pursue and obtain “privacy” • Government Code Section 11015.5, 111019.9, 6250-6268 • Financial Code Sections 4050-4060 • Civil Code Section 1785.11.1, 1785.11.6, 1798, 1798.81.5, 1798.83-1798.86 • Welfare & Institutions Code Section 10850 • California Office of Privacy Protection http://www.oispp.ca.gov/consumer_privacy/

8. Select Federal Privacy Laws • Federal Trade Commission Identity Theft Red Flag Rule. • Requires selected entities to develop a program to protect against identity theft of both customers and vendors. • Health Insurance Portability and Accountability Act of 1996 (HIPAA) • Protect security and confidentiality of patient health information. • California Department of Public Health (CDPH) claims HIPAA is a barrier to automatic enrollment between CDPH programs and energy utility programs. • Federal Privacy Act of 1974 • Apply basic fair information practices to government records containing personal information.

9. Water Utility Privacy Statements • Most Class A’s have privacy statement on website. • Most Class A’s do not provide privacy policy to customers. • Most Class A’s have not requested permission to disclose personal information of customers in past twelve months.

10. Stakeholders • Customers • Community Based Organizations • Consumer Groups • Division of Ratepayer Advocates • Water Utilities • Privacy Advocates • Government Agencies

11. Next Steps • Pattern on existing Commission authorized programs. • Non-Disclosure Agreements. • Specify Type of, Format of, and Manner in which Data provided. • Comply with applicable State and Federal Laws.