Decision Adopting Rolues to Protect the Privacy and Security of the Electricity Usage Data of the Custores of Pachific Gas and Electric Compnay, Southern California Edison Company, and San Diego Gas & Electric Company
■California Public Utilities Commission
・2011.05.06 Decision Adopting Rolues to Protect the Privacy and Security of the Electricity Usage Data of the Custores of Pachific Gas and Electric Compnay, Southern California Edison Company, and San Diego Gas & Electric Company
2. Background: The Evolution of the Question of How to Promote Private, Secure, Useful and Timely Access to Electricity Usage Data
3. Commission’s Authority over Smart Grid Issues Enhanced and Clarified by Recent Legislation
3.1. SB 1476 Seeks to Protect the Privacy of Usage Information
3.2. Are FIP Principles Consistent with SB 1476 and Other California Statutes?
3.3. Should the Commission Use FIP Principles to Develop Privacy and Security Regulations?
3.4. Discussion: FIP Principles are Consistent with Pub. Util. Code and Offer a Good Basis for Developing Privacy and Security Regulations
4. Jurisdiction: What is the Extent of the Commission’s Authority and Obligation to Protect Confidential Consumer Information?
4.1. Arguments of Parties in Briefs
4.2. Discussion: Jurisdiction Over Utilities and their Contractors/Agents is Clear; Tariff Provisions for Access to Data Can Limit the Registration of Third Party Controlled Home Area Networks to Entities that Respect Privacy
5. The CDT Recommendations Serve as a Starting Point for Consideration of Privacy and Security Rules to Protect Usage Data
5.1. What Rules Should Determine Who is Covered, What Information is Covered, and Which Uses of Information are Primary?
5.1.1. Position of Parties
5.2. What Rules Reasonably Promote the FIP Principle of Transparency?
5.2.1. Position of Parties on Recommended Rule to Promote Transparency
5.2.2. Discussion: With Modifications, the Recommended Transparency Rule is Reasonable and Consistent with the Law; Paper is Not Necessary
5.3. What Rule Best Operationalizes the FIP Principle of Specifying the Purpose for Collecting or Disclosing Information?
5.3.1. Positions of Parties on Purpose Specification
5.3.2. Discussion: Recommended Rule with Revisions can Meet FIP Goal with Reduced Regulatory Burdens and Less Potential Consumer Confusion
5.4. What Rules Reasonably Promote the FIP Principle of Individual Access and Control of Smart Meter Data?
5.4.1. Position of Parties
5.4.2. Discussion: Recommended Rules Provide a Reasonable Approach to Providing Customer with Access and Control of Usage Data, but Modifications Are Warranted
5.5. What Rules Reasonably Promote the FIP Principle of Data Minimization?
5.5.1. Positions of Parties on Data Minimization
5.5.2. Discussion: Data Minimization Requirement is Reasonable
5.6. What Use and Disclosure Limitations Reasonably Protect Consumers Yet Permit the Authorized Use and Disclosure of Electricity Consumption Information?
5.6.1. Positions of Parties
5.6.2. Discussion: Enforcement Critical to Privacy Rules
5.7. What Rules Reasonably Ensure the Quality and Integrity of Data and Protect its Security?
5.7.1. Position of Parties
5.7.2. Discussion: Modified Rules Can Promote the Quality and Security of Data
5.8. What Rules Reasonably Assure the Accountability of Entities for Complying with Privacy Policies?
5.8.1. Positions of Parties
5.8.2. Discussion: The Accounting and Auditing Rule Permits the Monitoring and Enforcement of Compliance with Privacy Policies
5.9. Should We Adopt Rules Now or is Further Study Needed?
5.9.1. Position of Parties
5.9.2. Discussion: It is Reasonable to Adopt Rules Now
6. Should Utilities Provide Price Information to Customers? What Price Information Should they Provide?
6.1. Positions of Parties
6.2. Discussion: PG&E, SCE, and SDG&E Should Provide Retail Price Information and Make Wholesale Price Information Available
7. What Access to Usage Data Should Utilities Provide and When Should they Provide it?
7.1. Position of Parties
9. Comments on Proposed Decision
10. Assignment of Proceeding
Findings of Fact
Conclusions of Law
Attachment A – Senate Bill 1476
Attachment B – List of Current Statutes, Regulations, Decisions and Protocols Related to Customer Privacy Applicable to California Energy Utilities from Appendix A of Opening Responses of Pacific Gas and Electric Company to Assigned Commissioner’s Ruling on Customer Privacy and Security Issues, October 15, 2010
Attachment C – Appendix A-2 of Center for Democracy and Technology’s Reply Comments of November 12, 2010, Revised Privacy Policies and Procedures Recommended by CDT
Attachment D – Rules Regarding Privacy and Security Protections for Energy Usage Data
Attachment E – Phase 2 Service List