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32 Energy L.J. 1 (2011)
The Power of Social Media: Legal Issues & Best Practices for Utilities Engaging Social Media

handle is hein.journals/energy32 and id is 7 raw text is: ENERGY LAW JOURNAL Volume 32, No. 1 2011 THE POWER OF SOCIAL MEDIA: LEGAL ISSUES & BEST PRACTICES FOR UTILITIES ENGAGING SOCIAL MEDIA by Carolyn Elefant* SYNOPSIS: Once Web 2.0 luddites, more and more utilities are now adopting social media. Whether it's a company profile and job postings on Linkedln, a Facebook page with tips about energy efficiency, or a Twitter stream disseminating information about recent outages, utilities are undeniably serious about adding digital real estate to their service territory. Yet even as the utility march towards Web 2.0 gathers momentum, the heavily regulated nature of the utility industry presents challenges in the naturally free-flowing world of social media. In addition to the traditional issues that all businesses face when engaging social media - from workplace concerns related to employee abuses of social media and appropriate discipline to copyright and IP protection - utilities must also ensure that their participation in social media does not run afoul of affiliate codes of conduct, SEC regulation, and a host of other compliance issues. This article provides an exhaustive summary of the legal and regulatory issues potentially implicated by utility engagement in social media, and proposes best practices and guidelines for development of a social media policy that reduce the risks of social media for utilities. I. Overview of Utility Engagement of Social Media... ....................4 A. What Is Social Media and Why Does It Matter? ...............4 B. Utility Use of Social Media: Slow but Emerging ..............5 C. The Future of Utilities and Social Media....................9 II. Legal and Regulatory Issues ............................... 11 A. The Utility's Different Hats ......... ...................11 B. Utility as Employer ............................. ......... I 1. Social Media and Hiring Practices ..................... 12 a. Discrimination in Recruitment and Employment Ads ...... 12 * Carolyn Elefant is principal attorney with the Law Offices of Carolyn Elefant in Washington D.C., where she focuses on energy regulatory, renewables issues and appeals. An early adopter of social media in her law practice, Carolyn is co-author, with Nicole Black, of Social Media for Lawyers: The Next Frontier (ABA July 2010). Carolyn represents and consults with law firms and regulated entities on social media strategy and compliance issues. 1

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