(i) Information access.
(1) If a Transmission Provider discloses non-public Transmission Function Information, other than information identified in subparagraph (d)(2) below of this Section, in a manner contrary to the requirements of 18 C.F.R. § 358.6, the Transmission Provider must immediately post the information that was disclosed on its Internet Web site.
(2) If a Transmission Provider discloses, in a manner contrary to the requirements of 18 C.F.R. § 358.6, non-public transmission customer information, critical energy infrastructure information (CEII) as defined in 18 C.F.R. § 388.113(c)(1) of this chapter or any successor provision, or any other information that the Commission by law has determined is to be subject to limited dissemination, the Transmission Provider must immediately post notice on its Internet Web site that the information was disclosed.
Implementation procedures: In the event of a disclosure, Companies’ employees have been instructed to report the matter immediately to their supervisor and the Chief Compliance Officer, who will post the necessary information on the Companies’ Internet Web sites.
(ii) Voluntary Consents. A Transmission Customer may voluntarily consent, in writing, to allow the Transmission Provider to disclose the Transmission Customer's non-public information to the Transmission Provider’s Marketing Function Employees. If the Transmission Customer authorizes the Transmission Provider to disclose its information to Marketing Function Employees, the Transmission Provider must post notice on its Internet Web site of that consent along with a statement that it did not provide any preferences, either operational or rate-related, in exchange for that voluntary consent.
Implementation procedures: Transmission Function Employees must inform the Chief Compliance Officer of any request or consent by a Transmission Customer to share information with a Marketing Function Employee not less than two business days before the information is to be shared. The Chief Compliance Officer shall ensure that the consent is in writing and that required information concerning the voluntary consent is posted prior to the time at which the information is shared.
(iii) Exception for Specific Transactions. Transmission Function Employees may share with Marketing Function Employees information related solely to the Marketing Function’s specific request for transmission service.
Implementation procedures: All Transmission Customers, including Marketing Function Employees, may have exclusive access to information regarding the Marketing Function’s request for transmission service. These status communications must present the same level of detail to any Transmission Customer presenting a similar request.
(iv) Exceptions for System Operations. Transmission Function Employees may discuss with Marketing Function Employees non-public Transmission Function Information (i) pertaining to compliance with FERC-approved NERC Reliability Standards, (ii) to maintain or restore operation of the transmission system or generating units, or (iii) that may affect generator dispatch.
Implementation procedures: At this time, Companies do not have communications in which its Transmission Function Employees have a need to disclose non-public Transmission Function Information to Marketing Function Employees (i) pertaining to compliance with FERC-approved NERC Reliability Standards, (ii) to maintain or restore operation of the transmission system or generating units, or (iii) that may affect generator dispatch. To the extent that there is such a need in the future, Transmission Function Employees should contact their supervisors and the Chief Compliance Officer. A determination will be made regarding the requirements that will be implemented in the event of such communications. The separate written procedures require that records of any such communications be maintained for a five-year period.
(v) Exceptions for System Emergencies. In the event an emergency, such as an earthquake, flood, fire or hurricane, severely disrupts a transmission provider's normal business operations, the posting requirements in this part may be suspended by the transmission provider. If the disruption lasts longer than one month, the transmission provider must so notify the Commission and may seek a further exemption from the posting requirements.
Implementation procedures: The Transmission Provider may suspend the posting requirements in the event of an emergency. The Chief Compliance Officer will make any necessary notifications to the Commission.