HomeMy WebLinkAbout2772 Adopting a Right of Privacy for Utility Franchises Utilizing the City Rights-of-WayOrdinance No. 2772
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING A
RIGHT OF PRIVACY FOR UTILITY FRANCHISES UTILIZING THE
CITY RIGHTS OF WAY
WHEREAS, the City Franchise Committee recommends that a utility franchise
include protection of customer privacy, specifically, that the utility will not transfer
customer information gathered through metering or billing activities without permission
of the customer; and
WHEREAS, Puget Sound Energy (PSE), which operates a public service utility
within the City rights of way and is negotiating for a franchise right to do so, asserts this
issue is within .the exclusive purview of the Washington Utilities and Transportation
Committee (WUTC), and objects to any franchise provision on this subject; and
WHEREAS, the WUTC may adopt a rule on disclosure of private information,
possibly as early as July 11,2001, and
WHEREAS, the Franchise Committee recommends the City consider adopting
an ordinance covering the subject in the event that the WUTC does not take action, or the
action it takes does not adequately protect customer privacy; and
WHEREAS, if the City ordinance is adopted prior to any WUTC rule, then the
City ordinance may be "grand fathered," unless the WUTC has exclusive jurisdiction
over the subject; and
WHEREAS, the City Council determines that this ordinance should be effective
immediately in the event that an ordinance in place is "grand fathered" prior to the
effective date of any WUTC rule on this subject, and declares therefore an emergency
in order that this ordinance become effective before possible adoption on July 11, 2001
of any WUTC rule, and
WHEREAS, in the event that the WUTC adopts a rule that is substantially
similar in protection to the provisions of this ordinance , then this ordinance can be
repealed.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. There is hereby adopted the following provision to read as
follows:
Utility customers in the City have an absolute right of privacy with respect to
individual information concerning the customer. No utility using City rights-of-
way for location of its equipment shall transfer any individual information
gathered through metering or billing activities to any affiliates, subsidiaries, or
third parties, unless authorized in writing by the customer. Nor shall a utility
using City rights-of-way for location of its equipment use directly or indirectly
any individual information gathered though metering or billing activities for
marketing services or product offerings (other than as relates to the utility's
services), unless authorized in writing by the customer.
Nothing herein precludes a utility from engaging in lawful debt collection.
Nothing herein prohibits a utility from collecting and releasing customer
information in aggregate form if the aggregated information does not allow any
customer to be identified.
SECTION 2. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force immediately on its passage by
the City Council. In the event this date is not effective, then it shall be in effect five
days after the date of its publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this ninth day of July, 2001.
Geoff Masci, Mayor
Attest:
Approved as to Form:
Pam Kolacy, City ClerkO
John P. Watts, City Attorney
2 Ord. 2972