# Mass. Gen. Laws ch. 164, sec. 1C: Marketing companies > Massachusetts · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1C ## Section - **Citation:** Mass. Gen. Laws ch. 164, sec. 1C - **Heading:** Marketing companies - **Jurisdiction:** Massachusetts - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MA Code / Part I / Title XXII / Chapter 164 / Section 1C ## Text Section 1C. Any marketing company formed by an electric company shall be in the form of an affiliate of the electric company and shall be separate from any generation, transmission, or distribution company affiliate of the electric company. The department shall promulgate standards of conduct which shall ensure the separation of such affiliates and which shall be consistent with the following provisions: (i) a distribution company shall not give any affiliates any preference over non-affiliated suppliers or customers thereof in matters relating to any product or service; (ii) all products, services, discounts, rebates, and fee waivers offered by a distribution company shall be available to all customers and suppliers simultaneously, to the extent technically possible, on a comparable basis; (iii) a distribution company shall process all same or similar requests for any product, service, or information in the same manner and within the same period of time; (iv) a distribution company shall not condition or tie the provision of any product, service, or rate agreement by the distribution company to the provision of any product or service to which an affiliate is involved; (v) a distribution company shall not share with any affiliate any market information acquired or developed by the distribution company in the course of responding to requests for distribution service or any proprietary customer information without the prior written authorization by the customer; (vi) a distribution company shall refrain from presenting that any advantage accrues to customers or others in the use of its services as a result of that customer or others dealing with any such affiliate; (vii) a distribution company shall not engage in joint advertising or marketing programs with any affiliate; and (viii) employees of a distribution company shall not be shared with, and shall be physically separated from those of, any generating or marketing affiliate. Section 1C. Any marketing company formed by an electric company shall be in the form of an affiliate of the electric company and shall be separate from any generation, transmission, or distribution company affiliate of the electric company. The department shall promulgate standards of conduct which shall ensure the separation of such affiliates and which shall be consistent with the following provisions: (i) a distribution company shall not give any affiliates any preference over non-affiliated suppliers or customers thereof in matters relating to any product or service; (ii) all products, services, discounts, rebates, and fee waivers offered by a distribution company shall be available to all customers and suppliers simultaneously, to the extent technically possible, on a comparable basis; (iii) a distribution company shall process all same or similar requests for any product, service, or information in the same manner and within the same period of time; (iv) a distribution company shall not condition or tie the provision of any product, service, or rate agreement by the distribution company to the provision of any product or service to which an affiliate is involved; (v) a distribution company shall not share with any affiliate any market information acquired or developed by the distribution company in the course of responding to requests for distribution service or any proprietary customer information without the prior written authorization by the customer; (vi) a distribution company shall refrain from presenting that any advantage accrues to customers or others in the use of its services as a result of that customer or others dealing with any such affiliate; (vii) a distribution company shall not engage in joint advertising or marketing programs with any affiliate; and (viii) employees of a distribution company shall not be shared with, and shall be physically separated from those of, any generating or marketing affiliate. ## Nearby sections - [Mass. Gen. Laws ch. 164, sec. 1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1.md) - [Mass. Gen. Laws ch. 164, sec. 1A Retail access to generation services and choice of suppliers; electric company restructuring; divestment; ownership and operation of generating facility producing solar energy; municipalities at high risk from the effects of climate change](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1A.md) - [Mass. Gen. Laws ch. 164, sec. 1B Service territories for distribution companies; rates](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1B.md) - [Mass. Gen. Laws ch. 164, sec. 1C Marketing companies](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1C.md) - [Mass. Gen. Laws ch. 164, sec. 1D Billing of retail customers; notice of offers available by participating non-utility competitive suppliers; payment to supplier by electric distribution company](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1D.md) - [Mass. Gen. Laws ch. 164, sec. 1E Performance based rate schemes; labor displacement or reductions; mediation of small claims](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1E.md) - [Mass. Gen. Laws ch. 164, sec. 1F Consumer protections; rules and regulations](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1F.md) - [Mass. Gen. Laws ch. 164, sec. 1G Transition costs and charges](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1G.md) - [Mass. Gen. Laws ch. 164, sec. 1H Financing orders](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1H.md) - [Mass. Gen. Laws ch. 164, sec. 1I Service quality standards reports to be filed by investor-owned electric distribution, transmission, and natural gas distribution companies; penalty for failure to meet service quality standards](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1I.md) - [Mass. Gen. Laws ch. 164, sec. 1J Establishment of standards of acceptable performance for emergency preparation and restoration of service for electric and gas distribution companies; investigation of violation of standards; penalties](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1J.md) - [Mass. Gen. Laws ch. 164, sec. 1K Penalties to be credited back to customers](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1K.md) - [Mass. Gen. Laws ch. 164, sec. 2 Construction](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S2.md) - [Mass. Gen. Laws ch. 164, sec. 3 Corporations governed by chapter](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S3.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXII_C164_S1C. Check the current official text before relying on it. Not legal advice.