Comment Filed by Jessica Rich, Discussing Voluntary Code of Conduct for Utilities and Third Parties Providing Consumer Energy Use Services

Summary

BCP Director Jessica Rich wrote a letter to the Federal Smart Grid Task Force, of the U.S. Department of Energy regarding their draft Voluntary Code of Conduct (VCC) for protecting consumer energy use data. She suggested three changes to the draft VCC. First, she suggested adding a requirement for “just-in-time” consumer disclosure, particularly for mobile apps. Second, she suggested that all disclosures be required to be “clear and conspicuous.” Third, she suggested that the “prevailing state/local business practice” exception, for not following portions of the code, be clarified so that it is not interpreted as an individual company’s decision whether or not to follow parts of the VCC, after they have adopted it.