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

2. 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. 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. 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. 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. 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. 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/ http://www.oispp.ca.gov/consumer_privacy/

8. 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. 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. 10 Stakeholders Customers Community Based Organizations Consumer Groups Division of Ratepayer Advocates Water Utilities Privacy Advocates Government Agencies

11. 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.