Mont. Code Ann. § 69-3-109 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-109
69-3-109 Ascertaining property values
Status: in_force

69-3-109 . Ascertaining property values. The commission may, in its discretion, investigate and ascertain the value of the property of each public utility actually used and useful for the convenience of the public. The commission is not bound to accept or use any particular value in determining rates. However, if any value is used, the value may not exceed the original cost of the property, except that the commission may include all or some of an acquisition adjustment for certain property purchased by a public utility in the purchasing utility's rate base if the transfer of the property to the purchasing utility is in the public interest. In making the investigation, the commission may avail itself of all information contained in the assessment rolls of various counties or in the public records of the various branches of the state government or of any other information obtainable, and the commission may at any time on its own initiative make a revaluation of the property.
Mont. Code Ann. § 69-14-602 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-602
69-14-602 Construction and maintenance of railroad crossings outside of incorporated cities and towns
Status: in_force

69-14-602 . Construction and maintenance of railroad crossings outside of incorporated cities and towns. At all places in the state, outside of incorporated cities and towns where a lawfully established public highway crosses any railroad, it shall be the duty of the railroad company owning or operating such railroad to construct and thereafter maintain in proper condition a good and safe crossing.
Mont. Code Ann. § 69-3-1202 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1202
69-3-1202 Policy -- planning
Status: in_force

69-3-1202 . Policy -- planning. (1) (a) It is the policy of the state to supervise, regulate, and control public utilities. To the extent that it is consistent with the policy and in order to benefit society, the state requires efficient utility operations, efficient use of utility services, and efficient rates.

(b) It is further the policy of the state to encourage utilities to acquire resources using a competitive solicitation process and in a manner that will help ensure a clean, healthful, safe, and economically productive environment.

(2) (a) The legislature finds that the commission may include in rates any costs that are associated with acquiring resources referred to in subsection (1) and that are consistent with this policy if the resources are actually used and useful for the convenience of the public.

(b) To advance this policy, the commission shall require long-range plans every 3 years from utilities that provide electric and natural gas service in a form and manner determined by the commission. The commission shall receive comments on the plans.

(3) This part does not constrain or limit the commission's existing statutory duties or responsibilities.
Mont. Code Ann. § 69-7-112 — MT Code / Title 69 / Chapter 7 / Part 1 / Section 69-7-112
69-7-112 Conduct of municipal rate hearing
Status: in_force

69-7-112 . Conduct of municipal rate hearing. (1) At the hearing, all persons, associations, corporations, or companies affected or interested, including the Montana consumer counsel, may be present and represented by counsel. The hearing may be continued from time to time by the governing body of the municipality. At the conclusion of the hearing, all interested parties must be allowed to make arguments that they may consider proper.

(2) Within 30 days after the hearing, the governing body of the municipality shall issue its decision. The decision is final 10 days after being filed with the municipal clerk.
Mont. Code Ann. § 69-14-706 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-706
69-14-706 Violation of crossing provisions
Status: in_force

69-14-706 . Violation of crossing provisions. Any railroad corporation or lessee, person, company, or corporation operating any railroad in this state violating the provisions of 69-14-702 through 69-14-705 shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined in a sum not less than $100 and not more than $500.
Mont. Code Ann. § 69-8-803 — MT Code / Title 69 / Chapter 8 / Part 8 / Section 69-8-803
69-8-803 Electric vehicle charging stations -- service entity requirements
Status: in_force

69-8-803 . Electric vehicle charging stations -- service entity requirements. (1) A public utility shall allow an electric vehicle charging station that meets the requirements in subsection (2) to be interconnected to its distribution system.

(2) A public utility may sell power to an entity to service electric vehicle charging stations that:

(a) procure power supplied by the public utility for the purpose of electric vehicle charging; and

(b) service electric vehicle charging stations within the public utility's service territory.

(3) Entities operating electric vehicle charging stations are not public utilities.
Mont. Code Ann. § 69-2-211 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-211
69-2-211 Notice to consumer counsel
Status: in_force

69-2-211 . Notice to consumer counsel. In addition to all other forms of notice of hearings conducted by the commission provided for in this title, notices of all hearings shall be served upon the consumer counsel.
Mont. Code Ann. § 69-3-502 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-502
69-3-502 Petition for issuance of securities
Status: in_force

69-3-502 . Petition for issuance of securities. Such public utility shall, by written petition, filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, assumption, or guarantee of securities and the application of the proceeds therefrom for the purposes specified.
Mont. Code Ann. § 69-14-701 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-701
69-14-701 Maintenance of fences -- exception -- penalty
Status: in_force

69-14-701 . Maintenance of fences -- exception -- penalty. (1) Railroad corporations shall build and maintain a legal fence on both sides of their track and property and maintain cattle guards at all crossings over which cattle or other domestic animals cannot pass, except that a fence is not required in places where water ditches, embankments, terrain, or other sufficient protection prevents domestic animals from straying onto the right-of-way. An affected landowner or lessee may construct, maintain, or repair a fence subject to approval and reimbursement by the railroad corporation.

(2) If a railroad corporation does not build and maintain the fence and guards and its engines or cars, because of the lack of a fence or maintenance of a fence, kill or maim cattle or other domestic animals upon its line of road, it must pay to the owner of the cattle or other domestic animals, in all cases, a fair market price for the animal, unless it occurred through the neglect or fault of the owner of the animal killed or maimed; however, nothing in this section may be construed to prevent a person from recovering damages from a railroad corporation for its negligent killing or injury to cattle or other domestic animals at spurs, sidings, Ys, crossings, and turntables.

(3) An affected landowner or lessee may file a complaint with the public service commission when a fence is in disrepair or in need of maintenance. The public service commission shall certify that the fence is in need of repair and notify the railroad corporation responsible for the fence. The public service commission shall forward a copy of the complaint, a certification that the fence is in need of repair, and a verification that the railroad corporation was notified to the county attorney of the county within which the site of the fence in disrepair is located. Upon notice, the railroad corporation responsible for the fence shall repair the fence within 30 days, weather permitting. A railroad corporation failing to repair the fence within 30 days of notification shall pay a fine of $100 plus $50 a day each day after the 30th day of notification, for failure to repair the fence. The fine must be recovered in a civil action and deposited in the county general fund. It is the duty of the county attorney of the county within which the site of the fence in disrepair is located to prosecute the action.
Mont. Code Ann. § 69-4-504 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-504
69-4-504 Information to be part of architects' and engineers' plans
Status: in_force

69-4-504 . Information to be part of architects' and engineers' plans. (1) Architects and engineers designing projects requiring excavation in or adjacent to any public street, alley, or right-of-way dedicated to public use or utility easement shall obtain information from underground facility owners and then make the information a part of the plan by which the contractors operate. The underground facility owners shall make available all records showing the locations of underground facilities and shall provide engineering locate requests pursuant to 69-4-503 .

(2) This section does not excuse a person from the obligation imposed by 69-4-502 when excavating.
Mont. Code Ann. § 69-3-224 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-224
69-3-224 Sale of power produced by data center
Status: in_force

69-3-224 . Sale of power produced by data center. (1) If electrical power produced by a generator owned by a qualified data center is sold to a public utility or an electric cooperative, the price may not exceed the cost of production.

(2) The cost of production includes:

(a) the capital cost of constructing the generator;

(b) depreciation;

(c) wages, salaries, and employee benefits of personnel located at the generator who operate and maintain the facility;

(d) fuel;

(e) operating supplies and materials;

(f) utilities; and

(g) contracted services necessary to operate and maintain the generator.

(3) The cost of the production does not include:

(a) any cost for corporation administration;

(b) travel; or

(c) corporate legal services.

(4) The public utility or electric cooperative has the right to annually audit the operating costs of the generator at the utility's sole expense.

(5) As used in this section:

(a) "Electric cooperative" has the same meaning as "cooperative" as provided in 35-18-102 .

(b) "Public utility" has the same meaning as provided in 69-3-101 .

(c) "Qualified data center" has the same meaning as provided in 15-6-162 .
Mont. Code Ann. § 69-12-421 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-421
69-12-421 Annual fee for motor carriers
Status: in_force

69-12-421 . Annual fee for motor carriers. (1) Except as provided in subsection (2), in addition to all of the licenses, fees, or taxes imposed upon motor vehicles in this state and in consideration of the use of the public highways of this state, every motor carrier shall, at the time of the issuance of a certificate and annually thereafter, on or between October 1 and the following January 31, pay to the public service commission of Montana a fee set by rule of the commission for every motor vehicle operated by the carrier over or upon the public highways of this state.

(2) (a) A motor carrier engaged in seasonal operations only, where its operations do not extend continuously over a period of not to exceed 6 months in any calendar year, shall only be required to pay compensation and fees in a sum equal to one-half of the compensation and fees herein provided.

(b) The compensation and fees herein imposed shall not apply to motor vehicles maintained and used by a motor carrier as standby or emergency equipment. The commission shall have the power and it is hereby made its duty to determine what motor vehicles shall be classed as standby or emergency equipment.
Mont. Code Ann. § 69-3-1103 — MT Code / Title 69 / Chapter 3 / Part 11 / Section 69-3-1103
69-3-1103 Administrative rules
Status: in_force

69-3-1103 . Administrative rules. The commission may adopt rules that it determines are necessary to implement this part.
Mont. Code Ann. § 69-3-1408 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1408
69-3-1408 Universal system benefits programs -- establishing nonbypassable rate -- exemption
Status: in_force

69-3-1408 . Universal system benefits programs -- establishing nonbypassable rate -- exemption. (1) Except as provided in subsection (4), a natural gas utility shall implement, upon commission approval and subject to ongoing commission oversight and direction, a universal system benefits program.

(2) Except as provided in subsection (4), the commission shall establish a universal system benefits charge that natural gas transmission services providers or distribution services providers, or both, in the state of Montana shall charge to all end-use customers, taking into consideration the current level of expenditure by the natural gas utility, cost-effectiveness, and similar costs imposed in other states. The charge may be established and revised through a universal system benefits charge tracking procedure. The method of assessing the charge may not disproportionately burden a large transmission services provider's customers. Within the universal system benefits charge, beginning January 1, 2007, a natural gas utility's minimum annual funding requirement for low-income weatherization and low-income energy bill assistance is established at 0.42% of a natural gas utility's annual revenue for the previous year. A natural gas utility must receive credit for its internal programs or activities that qualify as universal system benefits programs.

(3) Except as provided in subsection (4), a natural gas utility shall file an annual report of its universal system benefits charges, programs, and program funding levels with the commission in a manner prescribed by the commission.

(4) A natural gas utility that serves 200 or fewer customers is exempt from the requirements of subsections (1) through (3).
Mont. Code Ann. § 69-1-230 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-230
69-1-230 Statute of limitations
Status: in_force

69-1-230 . Statute of limitations. (1) Except as provided in subsection (3), a deficiency may not be assessed or collected with respect to the year for which a return is filed unless the notice of the additional fee proposed to be assessed is mailed within 5 years from the date the return was filed. For purposes of this section, a return filed before the last day prescribed for filing is considered as filed on the last day. If the taxpayer, before the expiration of the period prescribed for assessment of the fee, consents in writing to an assessment after that time, the fee may be assessed at any time prior to the expiration of the period agreed upon.

(2) A refund or credit may not be allowed or paid with respect to the year for which a return is filed after 5 years from the last day prescribed for filing the return or after 1 year from the date of the overpayment, whichever period expires later, unless before the expiration of the period the taxpayer files a claim or the department of revenue determines the existence of the overpayment and approves the refund or credit. If the taxpayer has agreed in writing under the provisions of subsection (1) to extend the time within which the department of revenue may propose an additional assessment, the period within which a claim for refund or credit may be filed or a credit or refund allowed if no claim is filed is automatically extended.

(3) If a return is required to be filed and the taxpayer fails to file the return, the tax may be assessed or an action to collect the tax may be brought at any time. If a return is required to be filed and the taxpayer files a fraudulent return, the 5-year period provided for in subsection (1) does not begin until discovery of the fraud by the department of revenue.
Mont. Code Ann. § 69-12-301 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-301
69-12-301 Classification of motor carriers
Status: in_force

69-12-301 . Classification of motor carriers. (1) Motor carriers are divided into three classes to be known as:

(a) Class A motor carriers;

(b) Class D motor carriers; and

(c) Class E motor carriers.

(2) Class A motor carriers include all motor carriers operating between fixed termini or over a regular route and under regular rates or charges, based upon either station-to-station rates or upon a mileage rate or scale.

(3) Class D motor carriers include all motor carriers operating motor vehicles transporting garbage.

(4) Class E motor carriers include all transportation network carriers.
Mont. Code Ann. § 69-13-106 — MT Code / Title 69 / Chapter 13 / Part 1 / Section 69-13-106
69-13-106 Confidentiality of cultural sites
Status: in_force

69-13-106 . Confidentiality of cultural sites. (1) The location of any heritage properties or paleontological remains on or beneath land, rights-of-way, or easements obtained for a common carrier pipeline is confidential and may not be disclosed by the entity owning, operating, or managing any common carrier pipeline.

(2) The provisions of subsection (1) do not prohibit a person or entity from disclosing the location of heritage properties or paleontological remains to the department of environmental quality for purposes of reviewing an application for a certificate under the Montana Major Facility Siting Act, Title 75, chapter 20. The department may not disclose information regarding the location of heritage properties or paleontological remains to the public.

(3) For purposes of this section, the following definitions apply:

(a) "Heritage property" has the meaning provided in 22-3-421 .

(b) "Paleontological remains" has the meaning provided in 22-3-421 .
Mont. Code Ann. § 69-4-530 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-530
69-4-530 Collection of penalties, fines, and fees
Status: in_force

69-4-530 . Collection of penalties, fines, and fees. (1) If the department is unable to collect civil penalties, fees, or fines assessed pursuant to this part, the department may transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.

(2) (a) The assistance costs charged the department by the department of revenue pursuant to 17-4-103 (3) may be added to the debt for which collection is being sought.

(b) All money collected by the department of revenue is subject to the provisions of 17-4-106 .
Mont. Code Ann. § 69-9-103 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-103
69-9-103 Void
Status: in_force

69-9-103 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-3-222 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-222
69-3-222 Utility disclosure required -- definition
Status: in_force

69-3-222 . Utility disclosure required -- definition. (1) Except as provided in subsection (3), a utility shall provide the average annual energy use for a property.

(2) Average annual energy use must:

(a) be calculated using an average of the past 12 months of usage on a property and the rates currently in effect;

(b) include the electricity, natural gas, or both used on the property based on meters used for measuring or registering utility service; and

(c) be expressed in dollars.

(3) (a) A utility may not make public or otherwise disclose personal information protected by an individual privacy interest or information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy.

(b) A utility may provide the information required pursuant to subsection (1) only to a person or entity owning the property or representing the person or entity or to a person involved in a real estate-related transaction on the property.

(4) As used in 69-3-223 and this section, the following definitions apply:

(a) "Real estate-related transaction" means any of the following:

(i) the making or purchasing of loans or providing other financial assistance:

(A) for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or

(B) secured by real estate; or

(ii) the selling, leasing, brokering, or appraising of real property.

(b) "Utility" means any public utility regulated by the commission pursuant to Title 69, chapter 3, that provides electricity or natural gas for sale to customers.
Mont. Code Ann. § 69-9-111 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-111
69-9-111 Void
Status: in_force

69-9-111 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-14-710 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-710
69-14-710 Tender or deposit of value of animal
Status: in_force

69-14-710 . Tender or deposit of value of animal. If a corporation, association, company, or person owning, controlling, or operating a railroad or branch of a railroad kills or injures an animal as described in 69-14-707 and tenders to the owner or to the owner's agent the amount that the corporation, association, company, or person considers to be the value of the animal or the damage to the animal, or if the railroad, corporation, association, company, or person deposits with the department of livestock that amount for the owner of the animal and the owner or the owner's agent refuses to accept the amount in settlement, then the owner shall pay all costs incurred in any action instituted, after the tender or deposit, to recover the value or damage unless the owner recovers in the action more than the amount tendered.
Mont. Code Ann. § 69-3-331 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-331
69-3-331 Cost tracking and recovery
Status: in_force

69-3-331 . Cost tracking and recovery. (1) If the commission approves a cost-tracking adjustment for electricity supply costs for a public utility regulated in accordance with chapter 8 or under this chapter, the cost-tracking adjustment must provide for:

(a) 90% customer and 10% shareholder sharing of costs, if cost sharing is required; and

(b) full recovery of costs incurred by a public utility as a result of qualifying small power production facility purchase requirements established in Title 69, chapter 3, part 6.

(2) A cost-tracking adjustment may not include a deadband.

(3) For the purposes of this section, "deadband" means a level of cost recovery variance, including levels of underrecoveries and overrecoveries to be borne by the public utility.
Mont. Code Ann. § 69-14-703 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-703
69-14-703 Placement of cattle guards
Status: in_force

69-14-703 . Placement of cattle guards. The railroad company or lessee, person, company, or corporation operating any railroad shall place cattle guards on either side of the openings required by 69-14-702 , sufficient to prevent any cattle from entering upon the right-of-way enclosed.
Mont. Code Ann. § 69-3-1310 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1310
69-3-1310 Misrepresentation concerning product or service -- violations -- complaints
Status: in_force

69-3-1310 . Misrepresentation concerning product or service -- violations -- complaints. (1) An entity may not misrepresent its association or affiliation with a telephone carrier when soliciting, inducing, or otherwise implementing the customer's agreement to purchase the products or services of the entity and to have the charge for the product or service appear on the customer's telephone bill.

(2) If the commission finds that an entity is operating in violation of any provision of this section, the commission may:

(a) order the carrier or a billing agent that bills directly for that entity to terminate the billing and collection services for that entity. The commission shall provide adequate time for the billing agent to terminate contractual agreements with the entity. This section does not preclude a carrier or billing agent from taking action on its own to terminate billing and collection services.

(b) prohibit the entity's billing aggregator from forwarding any charges from an entity operating in violation of this section to a carrier or billing agent for placement on a customer's telephone bill.

(3) Failure by an entity to respond to commission requests for information related to an investigation of a possible violation of this section is grounds for the commission to:

(a) order the carrier, billing aggregator, or billing agent that bills directly for the entity to cease billing and collection services for the service provider; or

(b) prohibit a billing aggregator from forwarding charges to the billing agent to be placed on a customer's telephone bill.

(4) This section does not obligate a billing agent to provide billing and collection services to a billing aggregator or service provider.

(5) A telephone company has a right of indemnity against anyone who has provided it with false information as to the status of charges billed on behalf of a service provider.
Mont. Code Ann. § 69-5-123 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-123
69-5-123 Review and selection of contractor
Status: in_force

69-5-123 . Review and selection of contractor. (1) (a) After an electric utility provides a cost estimate to a small customer for an extension on the small customer's property to a residential, commercial, or added structure, the small customer may request a contractor to provide an alternative cost estimate.

(b) If the small customer requesting an alternative cost estimate is served by an electric utility as defined in 69-5-121 (4)(a), the small customer shall pay a $25 fee to the public service commission and file a copy of the cost estimate and alternative cost estimate with the commission.

(2) (a) Subject to subsection (2)(b), after receiving an alternative cost estimate, the small customer may hire the contractor to complete the extension on the small customer's property to the residential, commercial, or added structure.

(b) At least 20 days prior to the contractor beginning work on the extension, the small customer shall notify the electric utility that will be providing service to the small customer. The notification must be in writing.

(3) (a) Subject to subsections (3)(b) through (3)(d), if a contractor is selected, the extension must be built on the small customer's property to meet the same standards proposed by the electric utility that will be providing service to the small customer.

(b) Throughout construction and as the electric utility considers appropriate, the electric utility shall inspect the extension and be onsite. The contractor shall notify the electric utility of construction progress as needed for inspection.

(c) If a contractor is selected, the contract for an extension must require the payment of the standard prevailing wage rate in effect and applicable to the work being performed.

(d) Either the contractor selected in accordance with subsection (3)(a) or the person selected by the electric utility completing inspections onsite in accordance with subsection (3)(b) must be a journeyman lineman or professional engineer.

(4) (a) When the extension is completed by the contractor, the electric utility that will be providing service to the small customer shall complete a final inspection. After the final inspection and following the correction of deficiencies, if any, the electric utility shall provide the small customer a written statement that construction is complete.

(b) After the written statement is issued in accordance with subsection (4)(a), the electric utility shall connect the extension to the electric utility's system.

(5) Construction and completion of an extension by a contractor does not:

(a) affect the location of a vector, a capacity decision, or any other agreement made in accordance with 69-5-101 through 69-5-114 ;

(b) allow the contractor to connect an extension to an electric utility without the electric utility's written statement and final inspection in accordance with subsection (4); or

(c) affect the rights and duties of a rural electric cooperative organized in accordance with Title 35, chapter 18, to adopt policies or to implement the provisions of this section.

(6) (a) If a contractor is hired in accordance with this section, the cost of engineering, construction, and other services must be paid by the small customer who sought the alternative cost estimate and hired the contractor.

(b) The small customer is also responsible for costs incurred by an electric utility while onsite during construction and inspections in accordance with subsections (3) and (4).

(7) If a contractor is hired in accordance with this section, when construction is complete the customer and the electric utility may negotiate ownership and maintenance of the extension.
Mont. Code Ann. § 69-4-204 — MT Code / Title 69 / Chapter 4 / Part 2 / Section 69-4-204
69-4-204 Regulation by local government
Status: repealed

69-4-204 . Regulation by local government. All ordinances or parts of ordinances of cities and towns in the state in conflict with the national electrical safety code are repealed. No ordinance in conflict with any provisions of the national electrical safety code may be enacted in any city or town in the state, and any such ordinance is void.
Mont. Code Ann. § 69-14-105 — MT Code / Title 69 / Chapter 14 / Part 1 / Section 69-14-105
69-14-105 Fees to be charged by commission
Status: in_force

69-14-105 . Fees to be charged by commission. The commission shall require and receive a fee from the affected railroad to pay the cost of publishing notice as required by this chapter.
Mont. Code Ann. § 69-3-507 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-507
69-3-507 State not obligated on securities
Status: in_force

69-3-507 . State not obligated on securities. No provision of this part or any act or deed done or performed in connection therewith shall be construed to obligate the state to pay or guarantee in any manner whatsoever any security authorized, issued, assumed, or guaranteed under the provisions of this part.
Mont. Code Ann. § 69-12-344 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-344
69-12-344 Disclosures
Status: in_force

69-12-344 . Disclosures. A transportation network carrier shall disclose in writing to a transportation network carrier driver the following before the driver is allowed to accept a request for a prearranged ride on the transportation network carrier's digital network:

(1) the insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network carrier provides while the transportation network carrier driver uses a personal vehicle in connection with a transportation network carrier's digital network; and

(2) that the transportation network carrier driver's own motor vehicle liability insurance policy might not provide any liability or optional coverages while the driver is logged on to the transportation network carrier's digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
Mont. Code Ann. § 69-3-1612 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1612
69-3-1612 Electric utility customer protection
Status: in_force

69-3-1612 . Electric utility customer protection. (1) Because the commission's approval of a financing order is irrevocable, typically addresses very large amounts of financing undertaken, and is not reviewable by future commissions, in addition to its other powers and duties, the commission shall perform comprehensive due diligence in its evaluation of an application for a financing order and shall oversee the process used to structure, market, and price Montana energy impact assistance bonds.

(2) In addition to any other authority, the commission:

(a) may attach conditions to the approval of a financing order as the commission finds appropriate to maximize the financial benefits or minimize the financial risks of the transaction to customers and to directly impacted Montana workers and communities;

(b) may specify details of the process used to structure, market, and price Montana energy impact assistance bonds, including the selection of the underwriter or underwriters;

(c) shall review and determine the reasonableness of all proposed upfront and ongoing financing costs; and

(d) shall ensure that the structuring, marketing, and pricing of Montana energy impact assistance bonds maximizes net present value customer savings, consistent with market conditions and the terms of the financing order.

(3) (a) Within 120 days after the issuance of Montana energy impact assistance bonds, the applicant electric utility shall file with the commission information regarding the actual upfront and ongoing financing costs of the Montana energy impact assistance bonds. The commission shall review the prudence of the electric utility's action to determine whether the costs resulted in the lowest overall costs that were reasonably consistent with both market conditions at the time of the issuance and the terms of the financing order.

(b) Except as provided in subsection (3)(c), if the commission determines that the electric utility's actions were not prudent or were inconsistent with the financing order, the commission may apply any remedies that are available.

(c) The commission may not apply any remedy that has the effect, directly or indirectly, of impairing the security for the Montana energy impact assistance bonds.

(4) (a) In performing its responsibilities in accordance with this part, the commission may engage outside consultants and counsel experienced in securitized electric utility ratepayer-backed bond financing similar to Montana energy impact assistance bonds, and the expenses associated with the engagement may be included as financing costs and included in the Montana energy impact assistance charge. The costs are not an obligation of the state and are assigned solely to the transaction.

(b) Expenses incurred by the commission to hire and compensate additional temporary staff needed to perform its responsibilities under this part must be included as financing costs and included in the Montana energy impact assistance charge.

(5) If a utility's application for a financing order is denied or withdrawn for any reason and Montana energy impact assistance bonds are not issued, the commission's costs of retaining expert consultants, as authorized by subsection (4), must be paid by the applicant utility and are considered by the commission as a prudent deferred expense for recovery in the utility's future rates.
Mont. Code Ann. § 69-3-703 — MT Code / Title 69 / Chapter 3 / Part 7 / Section 69-3-703
69-3-703 Utility investment in or purchase of conservation -- approval by commission
Status: in_force

69-3-703 . Utility investment in or purchase of conservation -- approval by commission. (1) A utility may:

(a) purchase conservation from a person or private firm; or

(b) directly engage in conservation investments.

(2) The conservation purchases or investments provided for in subsection (1) are subject to approval by the commission.

(3) Cost-effective conservation measures approved by the commission may, at the customer's discretion, be installed by:

(a) a person or a private firm;

(b) the customer; or

(c) the utility.
Mont. Code Ann. § 69-5-112 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-112
69-5-112 Commission jurisdiction over agreements
Status: in_force

69-5-112 . Commission jurisdiction over agreements. (1) All agreements between electric facilities providers must be submitted to the commission for approval. Each agreement must clearly identify the geographical area to be served by each electric facilities provider. The submission must include:

(a) a map and a written description of the area; and

(b) the terms and conditions pertaining to the implementation of the agreement.

(2) Whenever an agreement involves the exchange or transfer of customers within service territories, the following must also be included with the agreement submission:

(a) the number and class of customers to be transferred;

(b) assurance that the affected customers have been contacted and have received a written explanation of the difference in rates; and

(c) information with respect to the degree of acceptance by affected customers, such as the number in favor of and those opposed to the transfer.

(3) In approving agreements, the commission shall consider but is not limited to consideration of:

(a) the reasonable likelihood that the agreement, in and of itself, will not cause a decrease in the reliability of electric service to the existing or future ratepayers of any electric facilities provider party of the agreement; and

(b) the reasonable likelihood that the agreement will eliminate existing or potentially uneconomic duplication of electric service facilities.

(4) An agreement approved by the commission is valid and enforceable, and except as provided in 69-5-106 , an electric facilities provider may not offer, construct, or extend electric service facilities into an exclusive territory.

(5) The commission shall state its findings and conclusions for approving or disapproving an agreement and shall render a decision within 90 days of receipt of the agreement. The electric facilities providers submitting the agreement to the commission shall act according to the agreement until a decision is rendered.

(6) Upon approval of the agreement, any modification, changes, or corrections to this agreement must be approved by the commission.

(7) The commission may promulgate rules to administer this part consistent with the requirements of this part.
Mont. Code Ann. § 69-12-342 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-342
69-12-342 Authority
Status: in_force

69-12-342 . Authority. (1) Notwithstanding any other provision of law, transportation network carrier services are exclusively governed by this chapter and rules promulgated by the commission consistent with this chapter.

(2) A local government as defined in 2-2-102 may not impose a tax or fee on, require a license for, or impose any other operational requirements on transportation network carrier services.
Mont. Code Ann. § 69-12-205 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-205
69-12-205 Rules to reflect differences between carrier classes
Status: in_force

69-12-205 . Rules to reflect differences between carrier classes. (1) Except as provided in subsection (3), rules related to schedules, service, tariffs, rates, facilities, accounts, and reports must recognize the differences between types of Class A, Class D, and Class E motor carriers, as defined in this chapter, and must be just, fair, and reasonable to the classes and types of motor carriers in relation to each other and to the public.

(2) (a) In establishing the tariff or rates to be charged by Class A motor carriers for the carrying of persons, the commission shall take into consideration the kind and character of service to be performed.

(b) In establishing the tariff or rates to be charged by Class A motor carriers for the carrying of property or persons and property, the commission shall take into consideration the public necessity of the service, the kind and character of service to be performed, and the effect of the tariff and rates on other transportation agencies, if any. The commission shall, as far as possible, avoid detrimental or unreasonable competition with existing railroad service or service furnished by a motor carrier.

(3) Except as provided in 69-12-341 , a Class E motor carrier is not subject to commission rules related to schedules, tariffs, or rates.
Mont. Code Ann. § 69-3-1622 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1622
69-3-1622 Sales of Montana energy impact assistance property
Status: in_force

69-3-1622 . Sales of Montana energy impact assistance property. (1) (a) A sale, assignment, or transfer of Montana energy impact assistance property is an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the Montana energy impact assistance property if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. A transfer of an interest in Montana energy impact assistance property may be created when:

(i) the financing order creating and describing the Montana energy impact assistance property is effective;

(ii) the documents evidencing the transfer of the Montana energy impact assistance property are executed and delivered to the assignee; and

(iii) value is received.

(b) A transfer of an interest in Montana energy impact assistance property must be filed with the secretary of state and perfected under Title 30, chapter 9A, part 3, against all third persons, including any judicial lien or other lien creditors or any claims of the seller or creditors of the seller, other than creditors holding a prior security interest, ownership interest, or assignment in the Montana energy impact assistance property previously perfected in accordance with 69-3-1621 or this subsection (1).

(2) The characterization of a sale, assignment, or transfer as an absolute transfer and true sale, and the corresponding characterization of the property interest of the assignee is not affected or impaired by:

(a) commingling of Montana energy impact assistance revenue with other money;

(b) the retention by the seller of:

(i) a partial or residual interest, including an equity interest, in the Montana energy impact assistance property, whether direct or indirect, or whether subordinate or otherwise; or

(ii) the right to recover costs associated with taxes, franchise fees, or license fees imposed on the collection of Montana energy impact assistance revenue;

(c) any recourse that the purchaser may have against the seller;

(d) any indemnification rights, obligations, or repurchase rights made or provided by the seller;

(e) an obligation of the seller to collect Montana energy impact assistance revenues on behalf of an assignee;

(f) the treatment of the sale, assignment, or transfer for tax, financial reporting, or other purposes;

(g) any subsequent financing order amending a financing order as authorized by 69-3-1607 ; or

(h) any application of an adjustment mechanism as authorized by 69-3-1606 (2)(a)(vi).
Mont. Code Ann. § 69-4-403 — MT Code / Title 69 / Chapter 4 / Part 4 / Section 69-4-403
69-4-403 Hearing and order
Status: in_force

69-4-403 . Hearing and order. The district court shall, upon notice to the owner of the overhead utility line, hear evidence bearing upon the matters presented in the petition. If the evidence establishes a substantial improvement in agricultural productivity and the feasibility of the relocated route, the court shall grant or modify and grant, as modified, the petition and order the owner of the line to relocate the line.
Mont. Code Ann. § 69-14-1005 — MT Code / Title 69 / Chapter 14 / Part 10 / Section 69-14-1005
69-14-1005 Medical aid for injured train operator
Status: in_force

69-14-1005 . Medical aid for injured train operator. (1) If a railroad train operator or employee of any railroad doing business in this state is injured during the operator's or employee's regular course of employment, any employee of the railroad is empowered and authorized to call upon and retain the services of the nearest practicing physician or surgeon to care for and treat the injured train operator or employee during and until the time that one of the regularly employed and paid physicians or surgeons of the railroad corporation is able to render service.

(2) If the services of any physician or surgeon other than the regularly employed physician or surgeon of the railroad corporation are retained and hired as provided in this section, the physician or surgeon must be compensated and paid a reasonable fee for the services performed.

(3) If a railroad corporation refuses or neglects to pay for the services of a physician as provided in subsection (2) within a reasonable time after the physician or surgeon has rendered the services, the railroad corporation is guilty of a misdemeanor.
Mont. Code Ann. § 69-4-101 — MT Code / Title 69 / Chapter 4 / Part 1 / Section 69-4-101
69-4-101 Use of public right-of-way for utility lines and facilities
Status: in_force

69-4-101 . Use of public right-of-way for utility lines and facilities. A telegraph, telephone, electric light, natural gas, or electric power line corporation or public body or any other person owning or operating a telegraph, telephone, electric light, or electric power line or natural gas pipeline is authorized to install its respective plants and appliances necessary for service and to supply and distribute electricity and natural gas for lighting, heating, power, and other purposes and to construct the telegraph, telephone, electric light, or electric power lines or natural gas pipelines, from point to point, along and on any of the public roads, streets, and highways in the state by the erection of necessary fixtures, including posts, piers, and abutments necessary for the wires and pipelines. The telegraph, telephone, electric light, or electric power lines or natural gas pipelines must be constructed so as not to inconvenience or endanger the public in the use of the roads, streets, or highways, and nothing in this section may be construed to restrict the powers of city or town councils.
Mont. Code Ann. § 69-12-202 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-202
69-12-202 Encouragement of common carrier motor transportation
Status: in_force

69-12-202 . Encouragement of common carrier motor transportation. To fully secure adequate motor transportation facilities for all users of such service and to secure the public advantages thereof, the commission shall encourage a system of common carrier motor transportation within the state for the convenience of the shipping public. The maintenance of a common carrier motor transportation system within Montana is hereby declared to be a public purpose.
Mont. Code Ann. § 69-12-325 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-325
69-12-325 Transfer of certificate or privilege
Status: in_force

69-12-325 . Transfer of certificate or privilege. Any right, privilege, or certificate held, owned, or obtained by any motor carrier may be sold, assigned, leased, transferred, and inherited as other property only by the authorization of the commission.
Mont. Code Ann. § 69-4-520 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-520
69-4-520 Underground facility protection advisory council
Status: in_force

69-4-520 . Underground facility protection advisory council. (1) There is an underground facility protection advisory council consisting of 11 members.

(2) Members must be appointed by the governor as follows:

(a) one member representing owners or operators of an underground facility that is a jurisdictional pipeline in Montana that is not a public utility as defined in 69-3-101 ;

(b) one member representing a public utility, as defined in 69-3-101 , that owns an underground facility that is a jurisdictional pipeline in Montana;

(c) one member representing a public utility, as defined in 69-3-101 , that owns an underground facility that is an electric distribution or transmission line in Montana;

(d) one member representing a rural electric cooperative operating in Montana;

(e) one member representing a telecommunications provider with more than 50,000 subscriber lines in Montana;

(f) one member representing a telecommunications provider with less than 50,000 subscriber lines in Montana;

(g) one member representing a municipal sewer or water system or a municipal water supply system established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44;

(h) one member representing a local government utility that is a county or consolidated city and county water or sewer district as defined in Title 7, chapter 13, parts 22 and 23;

(i) one member representing an authority as defined in 75-6-304 ; and

(j) two members representing excavators.

(3) The council's membership may not include more than one representative from the same partnership, firm, joint venture, corporation, association, municipality, governmental unit, department, or agency, including corporate subsidiaries or affiliates.

(4) The council is allocated to the department of labor and industry for administrative purposes only as prescribed in 2-15-121 .

(5) The appointed members serve staggered terms of 3 years. The initial appointments are as follows: two members for 1-year terms, four members for 2-year terms, and five members for 3-year terms.

(6) Members of the council are not entitled to compensation for their services.
Mont. Code Ann. § 69-3-1106 — MT Code / Title 69 / Chapter 3 / Part 11 / Section 69-3-1106
69-3-1106 Billing disclosure requirements
Status: in_force

69-3-1106 . Billing disclosure requirements. A telecommunications carrier that enters into a contract with an operator service provider for the purpose of providing billing services for operator service providers shall include a disclosure in each customer's bill that:

(1) plainly and clearly identifies the operator service provider charges as distinct from those of the telecommunications carrier; and

(2) includes accurate information about the operator service provider so that the customer may contact the operator service provider by telephone for the purpose of contesting the charge or bringing an action against the operator service provider, or both. Upon request of the customer, the local service provider shall provide mailing address information about the operator service provider.
Mont. Code Ann. § 69-9-107 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-107
69-9-107 Void
Status: in_force

69-9-107 . Void. I.R. No. 117, Nov. 5, 2002.