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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a rule that is substantially similar in protection to the provisions of this ordinance , then this ordinance can be repealed.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