(2) Electric distribution companies shall furnish smart
meter technology as follows:
(i) Upon request from a customer that agrees to pay
the cost of the smart meter at the time of the request.
(ii) In new building construction.
(iii) In accordance with a depreciation schedule not
to exceed 15 years.] Customers may opt out of receiving
smart meter technology under this subparagraph by
notifying, in writing, the electric distribution company.
The following shall apply:
(i) The electric distribution company shall provide
an opt-out form to consumers upon request and may provide
a method for consumers to opt out electronically through
the electric distribution company's Internet website.
(ii) The commission shall create and regulate a
surcharge for consumers who elect to opt out of receiving
smart meter technology under this subparagraph. The
surcharge may include a one-time fee and a monthly fee
reflective of the actual costs incurred by an electric
distribution company to install, read, maintain or
service the meters of customers who elect to opt out.
(3) Electric distribution companies shall, with customer
consent, make available direct meter access and electronic
access to customer meter data to third parties, including
electric generation suppliers [and], providers of
conservation and load management services[.] and government
agencies . Notwithstanding the foregoing, customer consent
shall not be required when:
(i) the information is released to comply with a
subpoena or order issued by a court or regulatory agency;
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