Texas Staff File Proposed Revisions Related to Utility/Affiliate Code of Conduct, Marketing Rules

Staff of the Public Utility Commission of Texas have filed a draft proposal for publication containing proposed revisions to Subst. R. 25.272, relating to Code of Conduct for electric utilities and their affiliates.

The Staff proposal does not contain any major changes, and does not squarely address shared use of a corporate name or logo by both a utility and affiliate (leaving this matter open to interpretation as under current rule).

The Staff proposal does update the rule to reflect the emergence of social media, and extend a prohibition on joint marketing between a utility and affiliate to include a prohibition on, "providing links from all of the utility's web site and social media platforms as well as those of its competitive affiliate."

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Staff's proposal also deletes the current rule addressing use of a shared logo or brand name prior to September 1, 2005. However, deletion of this section, because it is outdated, is not dispositive on the propriety of a shared corporate brand or logo by a utility and competitive affiliate, because broader language prohibiting, "joint marketing, advertising, or promotional activities" remains, without specifically addressing whether use or a shared corporate brand or logo constitutes such prohibited joint marketing, advertising, or promotional activities.

Under this language, the Commission has ruled in separate cases that the shared use of a corporate brand or logo may or may not constitute prohibited, "joint marketing, advertising, or promotional activities," depending on the facts specific to each case.

Docket 41616