The ESB subsidiary, ESB Independent Energy, which targets large corporate customers, will not be allowed to use its name when selling to domestic customers in 2005.

Under restrictions proposed by the Commission for Energy Regulation (CER) this division will have to change its name if it approaches domestic customers when the electricity market fully opens in 2005. The CER believes the use of the ESB name would confer an unfair advantage on ESB Independent Energy.

The CER believes if the name remains, customers will assume all ESB firms are connected and they will be slow to consider other entrants to the market.

The ESB is now split into several units, with ESB Independent Energy focusing on the lucrative industrial and commercial sectors. Another unit supplies the ordinary domestic customer. This unit is referred to as the public electricity supply division.

This division will still be allowed to sell electricity to domestic customers in 2005, but its tariffs will be regulated by the CER, whereas other firms will not have their tariffs controlled by the CER.

The CER is also seeking to ensure that people working in sensitive positions in the ESB do not join the company's supply business subsequently.

The commission is concerned that people with access to commercially sensitive information from working in the distribution system, the transmission system or the power generation business do not then transfer to the supply business.

The commission's proposals make it clear that ESB personnel must not disclose "directly or indirectly" any commercially sensitive information to any other regulated business or affiliate.