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Texas ALJ Proposes Limit On Length Of Time Customer Authorization May Be Used By Third Parties To Access SMT Data For Small Customers

March 15, 2018

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Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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Addressing the only contested issue remaining in the case, a Texas ALJ issued a proposed order that would set a 12-month limit on the time that a residential or small commercial customer's authorization provided to a third-party (who isn't the REP of record) remains valid for such third party to access the customer's Smart Meter Texas data.

As previously reported, stakeholders reached, except this one issue saved for litigation, consensus for new requirements for Smart Meter Texas (SMT), including a new process by which a customer affirms an agreement to share its SMT data with a Competitive Service Provider ("CSP", an entity other than the REP of Record).

Under this new process for providing CSPs with access to SMT, the customer will no longer be required to establish an SMT account before being able to share his or her SMT data with a CSP.

See our prior story for more details on the process agreed to by settling parties

The one remaining issue that was not resolved in the stipulation is whether SMT should allow a Residential Customer or a Business Customer that is not a Large Business Customer (small customers) to grant a CSP access to the customer's SMT data for a term longer than 12 months.

Most parties favored a 12-month limited. Brasovan Energy's Electricity Users Coalition favors allowing, for all customer sizes, a CSP's authorization for access to a customer's meter data to last for up to 36 months.

The ALJ would adopt a 12-month limit for authorizations from small customers.

"The evidence indicates that the 12-month Limit, combined with the Stipulation, if approved, will provide convenient and secure access to SMT data as required by 16 TAC § 25.130(j)(1). Consistent with the Commission's customer protection rules, and for factual reasons shown in the evidence, Small Customers need a higher level of customer protection than do larger customers. Past violations by third parties involving access to SMT data indicate such data have sufficient value to hackers to pose a risk to customers. BEEC did not show that lengthening the Limit to 36 months is necessary for SMT data access to be convenient, or that customer protections under the Stipulation will be sufficient to drop the annual reaffirmation requirement for Small Customers," the ALJ said

"The Commission has authority to continue the 12-month Limit as part of implementing PURA provisions that a customer has a right to maintain the customer's electric consumption information as private and that customer approval is required for TDUs to share or disclose a customer's advanced meter data with a CSP," the ALJ said

Docket 47472

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