Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 14 - Utility Promotional Practices › Section 20 CSR 4240-14.010 - General Provisions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the general provisions
				  of and defines the terms used in 4 CSR 240-14-Utility Promotional
				  Practices.
(1) This rule and
				the other rules contained in chapter govern promotional practices of all gas
				and electric utilities under the jurisdiction of the Public Service
				Commission.
(2) On written
				application by a utility the commission may grant variances from the rules
				contained in this chapter for good cause shown. The utility filing the
				application shall show proof of service of a copy of the application on each
				public utility providing the same or competing utility service in all or any
				portion of the service area of the filing utility.
(3) Nothing contained in the rules of this
				chapter shall be construed to prohibit or restrict any industrial development
				or Missouri Community Betterment Program activities by any utility.
(4) Nothing contained in this chapter shall
				be construed to prohibit market research studies, pilot programs, test
				marketing programs or other activities to evaluate the cost-effectiveness of
				potential demand-side resources.
(5) Nothing contained in this chapter shall
				be construed to prohibit the provision of consideration that may be necessary
				to acquire cost-effective demand-side resources.
(6) The following terms, when used in this
				chapter, shall have the following meanings:
(A) Affiliate shall include any person who,
				directly or indirectly, controls or is controlled by or is under common control
				with a public utility;
(B)
				Appliance or equipment shall mean any device which consumes electric or gas
				energy and any ancillary device required for its operation;
(C) Consideration shall be interpreted in its
				broadest sense and shall include any cash, donation, gift, allowance, rebate,
				discount, bonus, merchandise (new or used), property (real or personal), labor,
				service, conveyance, commitment, right or other thing of value;
(D) Cost-effective means that the present
				value of life-cycle benefits is greater than the present value of life-cycle
				costs to the provider of an energy service;
(E) Demand-side resource means any
				inefficient energy-related choice that can be influenced cost-effectively by a
				utility. The meaning of this term shall not be construed to include
				load-building programs;
(F) Energy
				service means the need that is served or the benefit that is derived by the
				ultimate consumer's use of energy;
(G) Financing shall include acquisition of
				equity or debt interests, loans, guarantees of loans, advances, sale and
				repurchase agreements, sale and leaseback agreements, sales on open account,
				conditional or installment sales contracts or other investments or extensions
				of credit;
(H) Inefficient
				energy-related choice means any decision that causes the life-cycle cost of
				providing an energy service to be higher than it would be for an available
				alternative choice;
(I) Life-cycle
				means the expected useful lifetime of appliances, equipment or
				buildings;
(J) Load-building
				program means an organized promotional effort by a utility to persuade
				energy-related decision makers to choose the form of energy supplied by that
				utility instead of other forms of energy for the provision of energy service or
				to persuade customers to increase their use of that utility's form of energy,
				either by substituting it for other forms of energy or by increasing the level
				or variety of energy services used. This term is not intended to include the
				provision of technical or engineering assistance, information about filed rates
				and tariffs or other forms of routine customer service.
(K) Person shall include any individual,
				group, firm, partnership, corporation, association or other
				organization;
(L) Promotional
				practices shall mean any consideration offered or granted by a public utility
				or its affiliate to any person for the purpose, express or implied, of inducing
				the person to select and use the service or use additional service of the
				utility or to select or install any appliance or equipment designed to use the
				utility service, or for the purpose of influencing the person's choice or
				specification of the efficiency characteristics of appliances, equipment,
				buildings, utilization patterns or operating procedures. The term promotional
				practices shall not include the following activities:
1. Making any emergency repairs to appliances
				or equipment of customers;
2.
				Providing appliances or equipment incidental to demonstrations of sixty (60)
				days or less in duration;
3.
				Providing light bulbs, street or outdoor lighting service, wiring, service pipe
				or other service equipment or appliances, in accordance with tariffs filed with
				and approved by the commission;
4.
				Providing appliances or equipment to an educational institution for the purpose
				of instructing students in the use of the appliances or equipment;
5. Merchandising appliances or equipment at
				retail and, in connection therewith, the holding of inventories, making and
				fulfillment of reasonable warranties against defects in material and
				workmanship existing at the time of delivery and financing; provided that the
				merchandising shall not violate any prohibition contained in
				4 CSR
				240-14.020;
6. Inspecting and adjusting of appliances or
				equipment by a public utility;
7.
				Repairing and other maintenance to appliances or equipment by a public utility
				if charges are at cost or above;
8.
				Providing free or below-cost energy audits or other information or analysis
				regarding the feasibility and cost-effectiveness of improvements in the
				efficiency characteristics of appliances, equipment, buildings, utilization
				patterns or operating procedures;
9. Offering to present or prospective
				customers by a public utility technical or engineering assistance;
				and
10. Advertising or publicity by
				a public utility which is under its name and on its behalf and which does not
				in any manner, directly or indirectly, identify, describe, refer to, mention or
				relate to any architect, builder, engineer, subdivider, developer or other
				similar person, or which mentions no less than three (3) existing projects,
				developments or subdivisions.
(M) Public utility or utility shall mean any
				electrical corporation or gas corporation as defined in section
				386.020, RSMo;
				and