Rio Grande Electric Cooperative, Inc. (RGEC) has voluntary consented in writing to allow EPE's Transmission Function Employees to communicate to EPE's Marketing Function Employees RGEC's non-public information, as set forth in its full requirements service agreement with EPE, as follows:
"RGEC shall authorize the EPE Transmission Provider or such other transmission provider designated by EPE Marketing to communicate to EPE Marketing, acting as agent for RGEC, such information regarding RGEC's load and RGEC's NITS as necessary to permit EPE Marketing to exercise its rights and perform its obligations under this Agreement. Such information shall include, but not be limited to, real-time information regarding deliveries to and loads at and behind the Metering Points, RGEC's obligations with respect to Ancillary Services and Real Power Losses and such information as required by EPE Marketing to schedule and deliver Full Requirements Wholesale Electric Service to or on behalf of RGEC at the Metering Points as required pursuant to this Agreement." [See Section 9.2 of the Full Requirements Agreement on file with the Commission in Docket No. ER08-742]
EPE did not provide any preferences, either operational or rate-related, in exchange for RGEC’s voluntary consent.