A. Advertising expenses shall not be included by a public utility in its operating expenses for ratemaking purposes.
B. For purposes of subsection A of this section:
1. "Advertising" means:
a. the commercial use by a public utility of any media including, but not limited to, newspaper, magazine, radio and television to transmit a message to the public or to such public utility's customers, or
b. the commercial use by a public utility of any printed material to transmit a message to a substantial number of members of the public or to a substantial number of the public utility's customers;
2. "Advertising" shall not mean:
a. periodic publications or reports required by the bylaws of any public utility or electric cooperative, b. any communication with customers and the public which is strictly limited to energy conservation and education,
c. any communication with customers and the public which provides telephone customers with instruction in the use of new, changed or improved features of their telephone service, or information about time periods or other conditions under which long distance calls may be made at reduced rates, or information which promotes the efficient use of the telephone network; provided that if the cost of providing such information is to be treated as an operating expense by the public utility, it shall be clearly marked or identified to indicate the identity of the public utility and the fact that the cost is paid for by the ratepayers of the public utility,
d. any communication with customers and the public for giving of information or notice required by law or otherwise necessary to warn of dangerous or hazardous conditions,
e. routine classified telephone listings for the convenience of customers,
f. informational inserts in customers' bills,
g. any communication with customers and the public which informs existing and potential customers of the availability and conservation features of energy-efficient appliances and equipment,
h. any communication with customers and the public which relates to industrial development, and
i. any communication with customers and the public which is in furtherance of conservation or load management programs approved by the Corporation Commission;
3. "Public utility" means any individual, firm, association, partnership, corporation or any combination thereof, other than a municipal corporation or their lessees, trustees and receivers, owning or operating for compensation in this state equipment or facilities for:
a. producing, generating, transmitting, distributing, selling or furnishing electricity,
b. the conveyance, transmission, reception or communications over a telephone system; provided that no authority not otherwise a public utility within the meaning of this section shall be deemed such solely because of the furnishing or furnishing and maintenance of a private system, or
c. transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural gas for sale to the public; and
4. "Appliances" and "equipment" mean those individual appliances and space-conditioning equipment introduced by manufacturers after November 9, 1978, which operate at a level of efficiency at least twenty percent (20%) greater than appliances and space-conditioning equipment of the same energy type manufactured prior to that date.
Laws 1977, c. 263, § 1; Laws 1981, c. 294, § 1.