Mont. Code Ann. § 69-14-921 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-921
69-14-921 Suitable cars to be furnished for shipment of grain and other commodities in bulk
Status: in_force

69-14-921 . Suitable cars to be furnished for shipment of grain and other commodities in bulk. (1) All cars furnished by railroad or railway companies for the transportation of grain or other commodities in bulk must be constructed to prevent leakage when such commodities are placed or hauled in the cars. It is the duty of all railroad or railway companies to furnish cars in the required condition.

(2) Whenever cars placed for loading grain or other commodities in bulk are found to be in a condition that will not afford safe transportation for commodities, the railroad or railway company shall, upon written complaint to the agent or other person in authority by the shipper or the shipper's representative who proposes to load the car or cars and within 24 hours, cause the car or cars to be properly cleaned and put in repair to allow safe transportation for the commodity to be shipped.
Mont. Code Ann. § 69-3-302 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-302
69-3-302 Changes in schedules
Status: in_force

69-3-302 . Changes in schedules. (1) Except as provided in 69-3-308 , a change may not be made in any schedule, including schedules of joint rates, except as approved by the commission or on the passage of 9 months. If the 9-month time period expires prior to commission approval of a schedule, a utility may waive the time period.

(2) Notwithstanding any provision of this title to the contrary, other than rate adjustments made pursuant to 69-3-308 , the rates, tolls, or charges set forth in any schedule filed with the commission pursuant to 69-3-301 must become effective and be lawful rates, tolls, or charges for the utility service rendered 9 months after the date upon which the schedule was filed under the rules of practice and procedure for filing as adopted by the commission or upon commission approval, whichever occurs first, unless the utility waives the 9-month time period. However, if the rates, tolls, or charges become effective because of the passage of 9 months, the revenue collected is subject to rebate, plus interest at an annual rate determined by the commission, to the extent that the rates, tolls, or charges ultimately approved by the commission in its final decision produce revenue that is less than that collected under the filed schedules. In the case of an investor-owned utility, the interest rate set by the commission may not exceed the cost of equity capital as last determined by the commission.

(3) The commission may prescribe rules necessary to effectively administer this section.
Mont. Code Ann. § 69-12-407 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-407
69-12-407 Records and reports
Status: in_force

69-12-407 . Records and reports. (1) All records, books, accounts, and files of a Class A and Class D motor carrier in this state, as they relate to the business of transportation conducted by the motor carrier, must at all times be subject to examination by the commission or by any authorized agent or employee of the commission. The commission shall prescribe a uniform system of accounts and uniform reports covering the operations of Class A and Class D motor carriers. A motor carrier authorized to operate in accordance with the provisions of this chapter shall keep its records, books, and accounts according to the uniform system to the extent possible.

(2) Before April 1 of each year, unless this deadline has been extended for good cause by the commission, a motor carrier authorized to engage in business shall file with the commission a report, under oath, on a form prescribed and furnished by the commission.

(3) In addition to other reporting requirements, a Class D motor carrier shall provide sufficient information to the commission to show that the carrier is entitled to possess the Class D motor carrier certificate of public convenience and necessity under the requirements of 69-12-314 .

(4) (a) To ensure safety with respect to transportation network carrier drivers affiliated with Class E motor carriers, the commission may conduct audits of a Class E motor carrier, but not more than twice annually.

(b) A Class E motor carrier shall, upon request from the commission, provide to the commission up to 1,000 unique identification numbers, each of which has been assigned by the motor carrier to an individual transportation network carrier driver affiliated with the motor carrier.

(c) The commission may request from the Class E motor carrier copies of records held by the motor carrier for up to 10 of the motor carrier's drivers, who may be identified in the request only by the driver's unique identification number.

(d) The Class E motor carrier shall comply with the request in an electronic format acceptable to the commission within 1 business day after receiving the request.

(e) The Class E motor carrier may redact the records provided to the commission under subsection (4)(d) to protect the individual privacy of the transportation network carrier's drivers, including information that could be used to identify a driver. Information that a Class E motor carrier may redact includes but is not limited to the transportation network carrier driver's name, address, and social security number, other than the last four digits.

(5) Except as required by Article II, section 9 or 10, of the Montana constitution, the records obtained by the commission under subsection (4) may not be publicly disclosed by the commission.
Mont. Code Ann. § 69-12-415 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-415
69-12-415 Carrier fitness
Status: in_force

69-12-415 . Carrier fitness. A certificate may not be issued or remain in force unless the certificate holder is fit, willing, and able to perform the authorized service and conforms to the provisions of this chapter and the rules and orders of the commission.
Mont. Code Ann. § 69-4-1103 — MT Code / Title 69 / Chapter 4 / Part 11 / Section 69-4-1103
69-4-1103 Liability for bypass or tampering
Status: in_force

69-4-1103 . Liability for bypass or tampering. (1) A person who bypasses or tampers, either for the person's own benefit or the benefit of another, is liable to the affected utility as provided in 69-4-1104 for services actually provided by the utility. Collection under subsection (2) precludes collection under this subsection.

(2) A person who receives utility services, knowing that the measurement of the services is being affected by bypassing or tampering, is liable to the affected utility as provided in 69-4-1104 for services actually provided by the utility. Collection under subsection (1) precludes collection under this subsection.
Mont. Code Ann. § 69-4-313 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-313
69-4-313 Cost and feasibility report
Status: in_force

69-4-313 . Cost and feasibility report. (1) The public utility report shall set forth an estimate of the total underground conversion costs and shall also indicate the costs of underground conversion of facilities of the public utility located within the boundaries of the various parcels or lots then receiving service. The report shall also contain the public utility's recommendations concerning the feasibility of the project for the district proposed, insofar as the physical characteristics of the district are concerned. The report shall make recommendations by the public utility concerning inclusion or exclusion of areas within the district or immediately adjacent to the district.

(2) The governing body shall give careful consideration to the public utility's recommendations concerning feasibility, recognizing their expertise in this area, and may amend the boundaries of the proposed improvement district; provided, that the costs and feasibility report of the public utility contains a cost figure on the district as amended, or it may request a new cost and feasibility report from the public utility concerned on the basis of the amended district. Should a delay result in a significant increase of the estimated conversion costs, new hearings shall be held on the creation of the district. In the event an increase of 10% or less results from delay, only the hearing on the assessments need be held again.
Mont. Code Ann. § 69-4-1004 — MT Code / Title 69 / Chapter 4 / Part 10 / Section 69-4-1004
69-4-1004 Opt-out program-- public service commission responsibilities -- rulemaking
Status: in_force

69-4-1004 . Opt-out program-- public service commission responsibilities -- rulemaking. (1) On or before July 1, 2022, the public service commission shall determine whether an opt-out program for advanced meters or advanced metering gateway devices, or both, should be established.

(2) In determining whether to establish an opt-out program, the commission shall consider:

(a) an individual customer's privacy interest;

(b) costs and practicality of allowing customers to opt out;

(c) availability of other technology; and

(d) other concerns related to advanced metering devices and advanced metering gateway devices.

(3) If the commission determines an opt-out program should be established, the commission shall adopt rules providing options and requirements for individual customers to opt out of advanced metering device or advanced metering gateway device installation.
Mont. Code Ann. § 69-4-604 — MT Code / Title 69 / Chapter 4 / Part 6 / Section 69-4-604
69-4-604 Unlawful interference with lines
Status: in_force

69-4-604 . Unlawful interference with lines. It shall be unlawful for any person, firm, or corporation engaged as principal or employee in moving any house, building, derrick, or other structure, as provided in this part, to move, touch, cut, molest, or in any way interfere with any electric light, electric power, telephone, or telegraph wires, cables, messenger wires, or guy wires or any poles bearing any such wires, except in compliance with the provisions of this part.
Mont. Code Ann. § 69-3-1606 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1606
69-3-1606 Issuance of financing orders
Status: in_force

69-3-1606 . Issuance of financing orders. (1) After notice and hearing in accordance with 69-3-1605 (4), the commission may issue a financing order if the commission finds:

(a) the Montana energy impact assistance costs described in the application related to the retirement or replacement of electric infrastructure or facilities are reasonable;

(b) the proposed issuance of Montana energy impact assistance bonds and the imposition and collection of Montana energy impact assistance charges:

(i) are just and reasonable;

(ii) are consistent with the public interest;

(iii) constitute a prudent and reasonable mechanism for the financing of Montana energy impact assistance costs described in the application; and

(iv) will provide substantial, tangible, and quantifiable benefits to customers that are greater than the benefits that would have been achieved absent the issuance of Montana energy impact assistance bonds; and

(c) the proposed structuring, marketing, and pricing of the Montana energy impact assistance bonds will:

(i) significantly lower overall costs to customers or significantly mitigate rate impacts to customers relative to traditional methods of financing; and

(ii) achieve the maximum net present value of customer savings, as determined by the commission in a financing order, consistent with market conditions at the time of sale and the terms of the financing order.

(2) (a) The financing order must:

(i) determine the maximum amount of Montana energy impact assistance costs that may be financed from proceeds of Montana energy impact assistance bonds authorized to be issued by the financing order;

(ii) describe the proposed customer billing mechanism for Montana energy impact assistance charges and include a finding that the mechanism is just and reasonable;

(iii) describe the financing costs that may be recovered through Montana energy impact assistance charges and the period over which the costs may be recovered, which must end no earlier than the date of final legal maturity of the Montana energy impact assistance bonds;

(iv) describe the Montana energy impact assistance property that is created and that may be used to pay, and secure the payment of, the Montana energy impact assistance bonds and financing costs authorized in the financing order;

(v) authorize the electric utility to finance Montana energy impact assistance costs through the issuance of one or more series of Montana energy impact assistance bonds. An electric utility is not required to secure a separate financing order for each issuance of Montana energy impact assistance bonds or for each scheduled phase of the retirement or replacement of electric infrastructure or facilities approved in the financing order;

(vi) include a formula-based adjustment mechanism for making expeditious periodic adjustments in the Montana energy impact assistance charges that customers are required to pay pursuant to the financing order and for making any adjustments that are necessary to correct for any overcollection or undercollection of the Montana energy impact assistance charges in past periods or to otherwise guarantee the timely payment of Montana energy impact assistance bonds and financing costs and other required amounts and charges payable in connection with Montana energy impact assistance bonds;

(vii) include any additional findings or conclusions determined to be appropriate by the commission and in the best interest of consumers;

(viii) specify the degree of flexibility afforded to the electric utility in establishing the terms and conditions of the Montana energy impact assistance bonds, including but not limited to repayment schedules, expected interest rates, and other financing costs;

(ix) specify the timing of actions required by the order so that:

(A) the Montana energy impact assistance bonds are issued as soon as feasible following the issuance of the financing order, independent of the schedule of closing and decommissioning of the electric infrastructure or facility; and

(B) the applicant utility files to reduce its rates as required in subsection (5) simultaneously with the inception of the Montana energy impact assistance charges and independently of the schedule of closing and decommissioning of the electric infrastructure or facility; and

(x) specify a future ratemaking process to reconcile any difference between the projected pretax costs included in the amount financed by Montana energy impact assistance bonds and the final actual pretax costs incurred by the utility in retiring or replacing the electric infrastructure or facility.

(b) In a financing order, the commission may include any conditions that are necessary to promote the public interest and may grant relief that is different from that which was requested in the application, as long as the relief is within the scope of the matters addressed in the commission's notice of the application.

(3) For the purposes of a financing order, financing costs include:

(a) principal, interest, and redemption premiums that are payable on Montana energy impact assistance bonds;

(b) any payment required under an ancillary agreement and any amount required to fund or replenish a reserve account or other accounts established under the terms of any indenture, ancillary agreement, or other financing document pertaining to the bonds;

(c) any other demonstrable costs related to issuing, supporting, repaying, refunding, and servicing the bonds, including but not limited to servicing fees, accounting and auditing fees, trustee fees, legal fees, consulting fees, financial advisor fees, administrative fees, placement and underwriting fees, capitalized interest, rating agency fees, stock exchange listing and compliance fees, security registration fees, filing fees, information technology programming costs, and any other demonstrable costs necessary to otherwise ensure and guarantee the timely payment of the bonds or other amounts or charges payable in connection with the bonds;

(d) except as provided in 69-3-308 , any taxes and license fees imposed on the revenue generated from the collection of a Montana energy impact assistance charge;

(e) except as provided in 69-3-308 , any state and local taxes, including franchise, sales and use, and other taxes or similar charges, including but not limited to regulatory assessment fees, whether paid, payable, or accrued; and

(f) any costs incurred by the commission to hire and compensate additional temporary staff needed to perform its responsibilities under this part and in accordance with 69-3-1612 (4) engage specialized counsel and expert consultants experienced in securitized electric utility ratepayer-backed bond financing similar to Montana energy impact assistance bonds.

(4) A financing order issued to an electric utility must permit and may require the creation of an electric utility's Montana energy impact assistance property pursuant to subsection (2)(a)(iv) be conditioned on, and simultaneous with, the sale or other transfer of the Montana energy impact assistance property to an assignee and the pledge of the Montana energy impact assistance property to secure Montana energy impact assistance bonds.

(5) A financing order must require the applicant utility, simultaneously with the inception of the collection of Montana energy impact assistance charges, to reduce its rates through a reduction in base rates.
Mont. Code Ann. § 69-3-1503 — MT Code / Title 69 / Chapter 3 / Part 15 / Section 69-3-1503
69-3-1503 Exemption
Status: in_force

69-3-1503 . Exemption. A regulated energy utility that has entered into a stipulation agreement with the commission regarding the separation of its nonregulated utility business is exempt from the provisions of this part as long as the stipulation agreement remains effective under a federal bankruptcy court order.
Mont. Code Ann. § 69-1-102 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-102
69-1-102 Creation of public service commission
Status: in_force

69-1-102 . Creation of public service commission. A public service commission is hereby created, whose duty it is to supervise and regulate the operations of public utilities, common carriers, railroads, and other regulated industries listed in this title. Such supervision and regulation shall be in conformity with this title.
Mont. Code Ann. § 69-5-102 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-102
69-5-102 Definitions
Status: in_force

69-5-102 . Definitions. When used in this part, the following definitions apply:

(1) "Agreement" means a written agreement between two or more electric facilities providers that identifies the geographical area to be served exclusively by each electric facilities provider that is a party to the agreement and any terms and conditions pertinent to the agreement.

(2) "Cost" means the gross cost of constructing new electric service facilities to the premises, using new materials and similar design standards required to meet the load, from a point where there is existing electrical capacity to serve.

(3) "Distribution facilities" means those facilities by and through which electricity is received from a transmission services provider and distributed to the customer that are controlled or operated by a distribution utility.

(4) "Distribution service" means the function of delivering electricity to the public by a distribution utility.

(5) "Distribution utility" means a utility owning distribution facilities for distribution of electricity to the public.

(6) "Electric facilities provider" means any utility that provides electric service facilities to the public.

(7) "Electric service facilities" means any distribution or transmission system or related facility necessary to provide electricity to the premises, including lines.

(8) "Electricity supplier" means any person, corporation, or governmental entity that:

(a) sells electricity to customers at retail rates in the state; and

(b) is not a public utility or a cooperative.

(9) "Electricity supply service" means the provision of electricity supply and related services through power purchase agreements, the acquisition and operation of electrical generation facilities, demand side management, and energy efficiency programs.

(10) "Large customer" means any premises, except subdivisions, with the estimated connected load for full operation at an individual service for the premises of 500 kilowatts or larger.

(11) "Line" means any material that is used to convey electrical energy and that is normally energized between 2,400 volts phase to ground and 14,400 volts phase to ground.

(12) "Premises" means a building, residence, structure, irrigation pump, or facility to which electric service facilities are provided or are to be installed. However, two or more buildings, structures, irrigation pumps, or facilities that are located on one tract or contiguous tracts of land and that are used by one electric consumer for farming, business, commercial, industrial, institutional, governmental, or trailer court purposes must together constitute one premises, except that any building, structure, irrigation pump, or facility, other than a trailer court, may not, together with any other building, structure, irrigation pump, or facility, constitute one premises if the electric service to it is separately metered and the charges for that service are calculated independently of charges for service to any other building, structure, irrigation pump, or facility.

(13) "Regulated utility" means any electric utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees.

(14) "Service territory" means premises receiving distribution service from a utility on January 1, 2011, and premises added pursuant to Title 69, chapter 5.

(15) "Subdivision" has the meaning provided for in 76-3-103 . The definition includes subdivisions that may be developed in one or more phases of development at different periods of time.

(16) "Utility" means a public utility regulated by the commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees.

(17) "Vector" means a straight line between two points.
Mont. Code Ann. § 69-8-602 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-602
69-8-602 Utility net metering requirements
Status: in_force

69-8-602 . (Temporary) Utility net metering requirements. A utility shall:

(1) allow net metering systems to be interconnected using a standard kilowatt-hour meter capable of registering the flow of electricity in two directions, unless the commission determines, after appropriate notice and opportunity for comment:

(a) that the use of additional metering equipment to monitor the flow of electricity in each direction is necessary and appropriate for the interconnection of net metering systems, after taking into account the benefits and costs of purchasing and installing additional metering equipment; and

(b) how the costs of net metering are to be allocated between the customer-generator and the utility; and

(2) charge the customer-generator a minimum monthly fee that is the same as other customers of the electric utility in the same rate class. The commission shall determine, after appropriate notice and opportunity for comment if:

(a) the utility will incur direct costs associated with interconnecting or administering net metering systems that exceed any offsetting benefits associated with these net metering systems; and

(b) public policy is best served by imposing these costs on the customer-generator, rather than allocating these costs among the utility's entire customer base.
Mont. Code Ann. § 69-4-527 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-527
69-4-527 Underground facility protection account -- statutory appropriation
Status: in_force

69-4-527 . Underground facility protection account -- statutory appropriation. (1) There is an underground facility protection account in the state special revenue fund. The account is statutorily appropriated, as provided in 17-7-502 , to the department.

(2) There must be deposited in the account all revenue from:

(a) civil penalties collected pursuant to 69-4-524 and 69-4-525 ;

(b) fines collected pursuant to 69-4-529 or 69-4-530 ;

(c) fees collected pursuant to 69-4-502 (4); and

(d) any gifts, grants, donations, or bequests to the department.

(3) Funds are allocated as follows:

(a) fees collected pursuant to 69-4-502 (4) and paid by underground facility owners and any gifts, grants, donations, or bequests must be deposited in an account for the administration of this part by the department in accordance with this part; and

(b) all revenue from civil penalties collected pursuant to 69-4-524 and 69-4-525 and fines collected pursuant to 69-4-529 or 69-4-530 must be deposited in an account for distribution in the form of grants to notification centers to be used in accordance with 69-4-528 .

(4) The accounts established in subsection (3) retain interest earned from the investment of money in the accounts.
Mont. Code Ann. § 69-14-905 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-905
69-14-905 Right to supreme court review
Status: in_force

69-14-905 . Right to supreme court review. Within 30 days after the entry of said judgment, as hereinbefore provided, but not later, an appeal may be taken by either party to the supreme court. Such appeal shall not stay or hinder the use or enjoyment to the fullest extent of the right, privilege, and easement asked for by the petition and conferred by the judgment if the party instituting the proceedings shall make and file a bond with sureties, to be approved by the court, in an amount double the gross sum or annual rental, conditioned to pay such sum or rental and to abide and satisfy any judgment the supreme court may render in the premises. Either party may appeal from that part of the judgment determining the quantity and location of the land upon which such warehouse or elevator is to be erected, and in the event of such appeal, the judgment shall be suspended pending the appeal.
Mont. Code Ann. § 69-12-324 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-324
69-12-324 Special provisions when federal or state contract involved
Status: in_force

69-12-324 . Special provisions when federal or state contract involved. (1) A written contract presented to the commission is sufficient proof that a motor carrier pursuant to 69-12-311 (1)(a) or a Class E motor carrier meets the requirements for a certificate of compliance or that a motor carrier pursuant to 69-12-311 (1)(b) or a Class D motor carrier meets the requirements for a certificate of public convenience and necessity in accordance with the terms and conditions contained within the United States government or state government contracts. Subject to the provisions of this section, a transportation movement is considered to be:

(a) the transportation for hire of persons between two points within the state by a motor carrier pursuant to the terms of a written contract between the carrier and the United States government or an agency or department of the United States; or

(b) the transportation for hire of solid waste between two points within the state by a motor carrier pursuant to the terms of a written contract between the carrier and the state government or an agency or department of the state.

(2) The certificate issued pursuant to the terms of the United States government or state government contract is authorized only for the duration of the United States government or state government contract concerned. The certificate may be renewed for another definite term if the motor carrier is the motor carrier authorized to operate under the United States government or state government contract.
Mont. Code Ann. § 69-14-904 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-904
69-14-904 Procedure in district court
Status: in_force

69-14-904 . Procedure in district court. (1) The parties seeking the right, privilege, and easement aforesaid shall present to and file with the district court a petition in writing and under oath, specifying and describing the right, privilege, and easement sought, the time for which the same is sought, and the fact that the parties to the proceedings are unable to agree upon the amount of compensation therefor.

(2) A copy of the application for such privilege shall be attached to said petition, and thereupon it shall be at once the duty of the court by its order in writing to fix a time not more than 30 days thereafter within which the person, firm, or corporation so owning, managing, or controlling such railroad shall appear and join issue in said proceeding. Such notice shall be served as a summons is served in civil actions and shall be ample notice to the parties so served to appear and join in the proceedings and shall be ample to give the court full jurisdiction over the party against whom the proceedings are instituted and the property involved in the proceeding.

(3) The manner of joining issue and the procedure at the trial shall be the same as that in any other civil action at law.

(4) The trial of such issue shall be expedited by the court as much as possible. At the trial the court or jury, as the case may be, shall find and assess the compensation, both in the form of an annual rental and in the form of a gross sum, for the right, privilege, and easement sought. Immediately after the finding or verdict has been made, the party against whom the proceedings have been taken shall elect whether to receive the annual rental or the gross sum found. In case such election is not made by said party, then the other party to the proceedings may make such election. After election is made as aforesaid, judgment shall be rendered adjudging, among other things, that upon payment of the gross sum found or the annual rental found, yearly in advance, as the case may be, the party instituting the proceedings shall be entitled to the right, privilege, and easement of erecting and maintaining the elevator or warehouse asked for in the application and petition aforesaid and for the time therein specified. Thereupon the party in whose favor said judgment is rendered shall be entitled to a writ of execution in proper form to immediately invest such party with the right, privilege, and easement aforesaid.
Mont. Code Ann. § 69-9-108 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-108
69-9-108 Void
Status: in_force

69-9-108 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-3-202 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-202
69-3-202 Records of public utilities
Status: in_force

69-3-202 . Records of public utilities. (1) Every public utility shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted.

(2) Every public utility engaged directly or indirectly in any other businesses than those mentioned in 69-3-101 shall, if required by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such other businesses, in which case all the provisions of this chapter shall apply with like force and effect to the books, accounts, papers, and records of such other businesses.

(3) The commission shall cause to be prepared suitable blanks for carrying out the purposes of this chapter and shall, when necessary, furnish such blanks to each public utility. No public utility shall keep any other books, accounts, papers, or records of the business transacted than those prescribed or approved by the commission.

(4) Each public utility shall have an office in one of the towns, villages, or cities in this state in which its property or some part thereof is located and shall keep in said office all such books, accounts, papers, and records as shall be required by the commission to be kept within the state. No books, accounts, papers, or records required by the commission to be kept within the state shall at any time be removed from the state except upon such conditions as may be prescribed by the commission.

(5) Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, and papers of any public utility for the purposes of determining their correctness and whether they are being kept in accordance with the rules and system prescribed by the commission.
Mont. Code Ann. § 69-3-506 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-506
69-3-506 Unapproved securities void
Status: in_force

69-3-506 . Unapproved securities void. Except as provided in 69-3-505 , all securities issued, assumed, or guaranteed after July 1, 1961, without approval by the commission as provided herein shall be void.
Mont. Code Ann. § 69-3-206 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-206
69-3-206 Penalty for failure to make reports or permit examinations
Status: in_force

69-3-206 . Penalty for failure to make reports or permit examinations. (1) Any officer, agent, or person in charge of the books, accounts, records, and papers or any of them of any public utility who shall refuse or fail for a period of 30 days to furnish the commission with any report required by the provisions of this chapter and any officer, agent, or person in charge of any particular books, accounts, records, or papers relating to the business of such public utility who shall refuse to permit any commissioner or other person duly authorized by the commission to inspect such books, accounts, records, or papers on behalf of the commission shall be subject to a fine of not less than $100 or more than $1,000.

(2) Such fine shall be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction. Each day's refusal or failure on the part of such officer, agent, or person in charge shall be deemed a separate offense and be subject to the penalty herein prescribed.
Mont. Code Ann. § 69-3-1413 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1413
69-3-1413 Statement of purpose
Status: in_force

69-3-1413 . Statement of purpose. The purpose of 69-3-1413 through 69-3-1416 is to establish procedures for a natural gas utility that has restructured pursuant to this part to acquire rate-based facilities.
Mont. Code Ann. § 69-8-702 — MT Code / Title 69 / Chapter 8 / Part 7 / Section 69-8-702
69-8-702 Void
Status: in_force

69-8-702 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-4-351 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-351
69-4-351 Maintenance and construction of converted facilities
Status: in_force

69-4-351 . Maintenance and construction of converted facilities. The public utility shall have the duty to maintain, repair, and replace all underground facilities installed pursuant to this part. There shall be no competitive bidding as to the construction of the converted facilities since existing facilities are owned, maintained, and operated by the public utility and the continuity of service of the utility is essential, both of which make construction work by third persons impracticable. Therefore, the public utility concerned shall be responsible for the accomplishment of all construction work and may contract out such of the construction work as it deems desirable.
Mont. Code Ann. § 69-12-203 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-203
69-12-203 Field inspectors
Status: in_force

69-12-203 . Field inspectors. The commission may employ field inspectors to investigate and enforce the provisions of this chapter. Field inspectors employed by the commission are peace officers for the purpose of making arrests in connection with violations of this chapter and issuing summonses, accepting bail, and serving warrants of arrest. The field inspectors are empowered to make reasonable inspections of cargoes carried by commercial motor vehicles and require production of manifests, bills of lading, leases, and other documents relating to the cargo, driver, routing, or ownership of the vehicles. The scope of the inspections is limited to the enforcement of the provisions of Title 69, chapter 12.
Mont. Code Ann. § 69-8-101 — MT Code / Title 69 / Chapter 8 / Part 1 / Section 69-8-101
69-8-101 Short title
Status: in_force

69-8-101 . Short title. This chapter may be cited as the "Electric Utility Industry Generation Reintegration Act".
Mont. Code Ann. § 69-1-227 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-227
69-1-227 Warrant for distraint
Status: in_force

69-1-227 . Warrant for distraint. If the fee imposed by this part is not paid when due, the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7. The resulting lien has precedence over any claim, lien, or demand thereafter filed and recorded.
Mont. Code Ann. § 69-8-411 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-411
69-8-411 Nondiscriminatory access
Status: in_force

69-8-411 . Nondiscriminatory access. (1) Nonutility generators and electricity suppliers must have open, fair, and nondiscriminatory access to a public utility's transmission and distribution facilities according to federal energy regulatory commission rules and regulations for purposes of serving those customers identified in 69-8-201 (1) and (2).

(2) Except as provided in 69-5-104 (1), public utilities shall grant the retail customers identified in 69-8-201 (1) and (2) and their electricity suppliers access to transmission and distribution facilities at rates and under terms and conditions comparable to the public utility's own access to those facilities or access by the public utility's affiliates.

(3) Public utilities shall file tariffs for transmission and distribution services regulated by the federal energy regulatory commission and the commission implementing subsections (1) and (2).
Mont. Code Ann. § 69-3-321 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-321
69-3-321 Complaints against public utility -- hearing
Status: in_force

69-3-321 . Complaints against public utility -- hearing. (1) The commission shall proceed, with or without notice, to make such investigation as it may deem necessary upon a complaint made against any public utility by any mercantile, agricultural, or manufacturing society or club; by any body politic or municipal organization or association, the same being interested; or by any person, firm, or corporation, provided such person, firm, or corporation is directly affected thereby, that:

(a) any of the rates, tolls, charges, or schedules or any joint rate or rates are in any way unreasonable or unjustly discriminatory;

(b) any regulations, measurements, practices, or acts whatsoever affecting or relating to the production, transmission, delivery, or furnishing of heat, light, water, power, or regulated telecommunications service, or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly discriminatory; or

(c) any service is inadequate.

(2) No order affecting such rates, tolls, charges, schedules, regulations, measurements, practices, or acts complained of shall be entered without a formal hearing, except the commission may issue an order to provide service to a residential consumer pending a hearing on a complaint by such consumer or by the consumer counsel on behalf of such consumer against a public utility, providing that the hearing is held within 20 days unless further delayed by consent of all parties.
Mont. Code Ann. § 69-3-1302 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1302
69-3-1302 Definitions
Status: in_force

69-3-1302 . Definitions. As used in this part, the following definitions apply:

(1) "Billing agent" means a telecommunications carrier that includes in a bill that it sends to a customer a charge for a product or service offered by a service provider.

(2) "Billing aggregator" means any entity, other than a service provider, that forwards the charge for a product or service offered by a service provider to a billing agent.

(3) "Customer" means a person who has purchased telecommunications services from a telecommunications carrier or who has been billed charges on a telephone bill for the services or products of another entity.

(4) "Electronic signature" has the meaning as provided in 30-18-102 .

(5) "Local exchange company" means a telecommunications company that provides telephone lines or wireless service to members of the general public who are its customers.

(6) "Primary interexchange carrier" means the telecommunications carrier from which a customer chooses to purchase long-distance services.

(7) "Service provider" means any entity, other than the billing agent, that offers a product or service to a customer, the charge for which appears on the bill of a billing agent.

(8) (a) "Telecommunications carrier" or "carrier" means any provider of telecommunications services. An entity providing other products and services is considered a telecommunications carrier only to the extent that the entity is engaged in providing telecommunications services.

(b) The term does not mean aggregators of telecommunications services as defined in 47 U.S.C. 226.
Mont. Code Ann. § 69-12-423 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-423
69-12-423 Fees to be charged by commission
Status: in_force

69-12-423 . Fees to be charged by commission. (1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, tariffs, schedules, applications, and supplements not provided by law to be furnished free of charge.

(2) The commission shall require and receive an additional sum to be set by the commission to pay the cost of publishing such notice as may be required by this chapter.

(3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, tariffs, schedules, and supplements of these which relate solely to interstate commerce.
Mont. Code Ann. § 69-3-308 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-308
69-3-308 Disclosure of taxes and fees paid by customers of public utility -- automatic rate adjustment and tracking for taxes and fees
Status: in_force

69-3-308 . Disclosure of taxes and fees paid by customers of public utility -- automatic rate adjustment and tracking for taxes and fees. (1) A public utility may separately disclose in a customer's bill the amount of state and local taxes and fees assessed against the public utility that the customer is paying.

(2) (a) (i) Except as provided in 15-72-601 , the commission shall allow a public utility to file rate schedules containing provisions for the automatic adjustment and tracking of Montana state and local taxes and fees, except state income tax, paid by the public utility. The resulting rate schedule changes must include:

(A) adjustments for the net change in federal and state income tax liability caused by the deductibility of state and local taxes and fees;

(B) retroactive tax adjustments; and

(C) adjustments related to the resolution of property taxes paid under protest.

(ii) The rate schedules must include provisions for annual rate adjustments, including both tax increases and decreases.

(b) The amended rates must automatically go into effect on January 1 following the date of change in taxes paid on an interim basis, subject to any adjustments determined in subsection (2)(c).

(c) The amended rate schedule must be filed with the commission on or before the effective date of the change in taxes paid, and if the commission determines that the revised rate schedule is in error, the commission may, within 45 days of receipt of the revised rate schedule, ask for comment and order the public utility to address any errors or omissions including, if necessary, any refunds due customers.

(d) Failure of the commission to issue an order pursuant to subsection (2)(c) is considered approval on the part of the commission.

(e) A public utility may challenge an order issued by the commission under subsection (2)(c) in accordance with the provisions of Title 2, chapter 4, part 7.
Mont. Code Ann. § 69-12-502 — MT Code / Title 69 / Chapter 12 / Part 5 / Section 69-12-502
69-12-502 Prohibition on deviation from rate schedules
Status: in_force

69-12-502 . Prohibition on deviation from rate schedules. It is unlawful for any Class A motor carrier to charge, demand, receive, or collect any greater or less rate, charge, or fare than that fixed by the commission for the transportation service provided. It is also unlawful for any Class A motor carrier to refund or remit, in any manner or by any device, any portion of the rates, fares, and charges required to be collected under the schedule of the Class A carrier on file with the commission.
Mont. Code Ann. § 69-4-305 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-305
69-4-305 Effect on authority of public service commission
Status: in_force

69-4-305 . Effect on authority of public service commission. Nothing contained in this part shall vest any jurisdiction over any public utility in the governing body. The public service commission shall retain all jurisdiction now or hereafter conferred upon it by law.
Mont. Code Ann. § 69-4-354 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-354
69-4-354 Conversion of facilities on private property
Status: in_force

69-4-354 . Conversion of facilities on private property. (1) Any conversion of electric or communication service facilities, including service connections, located on a privately owned lot or parcel shall be made, at the expense of the landowner, by the public utility owning the facility. The conversion shall be made in accordance with applicable safety rules, codes, regulations, tariffs, or ordinances. The public utility shall not be required to convert service lines on property, other than public lands and right-of-way, until the landowner furnishes to the public utility a permit or easement authorizing the public utility and its employees, agents, and contractors to enter upon real property of the landowner for the purpose of performing conversion work thereon.

(2) Upon completion of the conversion of overhead electric or communication service facilities on privately owned lots and parcels within a district, the public utility shall file with the governing body a verified statement of the costs of the conversion of such service facilities of each landowner in the district. Promptly thereafter, the governing body shall mail to each landowner a copy of such verified statement, which shall be due and payable within 30 days or as otherwise provided by the public utility.
Mont. Code Ann. § 69-1-110 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-110
69-1-110 Conduct of commission business
Status: in_force

69-1-110 . Conduct of commission business. (1) The commission shall hold sessions at times and places in this state as may be expedient. A majority of the commission constitutes a quorum for the transaction of business.

(2) The members of the commission may administer oaths and affirmations.

(3) The commission may adopt rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings concerning railroad companies and other parties before it in the establishment of rates, orders, charges, and other acts required of it under the law.
Mont. Code Ann. § 69-1-105 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-105
69-1-105 Term of office -- term limits
Status: in_force

69-1-105 . Term of office -- term limits. (1) A term is for a period of 4 years. A commissioner when elected shall qualify at the time and in the manner provided by law for other state officers and shall take office on the first Monday of January after the election.

(2) A commissioner shall serve until a successor is elected and qualified.

(3) The secretary of state or other authorized official may not certify a candidate's nomination or election to the public service commission or print or cause to be printed on any ballot the name of a candidate for the public service commission if, at the end of the current term of that office, the candidate will have served in that office or, had the candidate not resigned or been recalled, would have served in that office for 8 or more years in a 16-year period.

(4) When computing the time served for the purposes of subsection (3), the provisions of subsection (3) do not apply to time served in terms that ended during or prior to January 1995.
Mont. Code Ann. § 69-4-603 — MT Code / Title 69 / Chapter 4 / Part 6 / Section 69-4-603
69-4-603 Procedure to accomplish move -- payment of cost
Status: in_force

69-4-603 . Procedure to accomplish move -- payment of cost. (1) In order to accomplish moving a house, building, derrick, or other structure through an area in which wires, cables, or poles impede the movement, the person, firm, or corporation who owns or controls the wires, cables, or poles and who has received the notice required by 69-4-602 shall furnish competent workers to raise or cut the wires or cables or move the poles as necessary to facilitate moving the house, building, derrick, or other structure.

(2) (a) Except as provided in subsection (2)(b), the necessary and actual costs of raising or cutting wires or cables or moving poles to facilitate the movement of a house, building, derrick, other structure, or prefabricated structure that is intended to be moved from the place of fabrication, storage facility, or dealer's lot, determined in accordance with the schedule filed under 69-4-602 , must be paid by the mover.

(b) The necessary and actual costs of raising or cutting wires or cables or moving poles to facilitate the movement of a structure, determined in accordance with the schedule filed under 69-4-602 , must be shared equally by the mover and the owner of the wires, cables, or poles if the structure is owned by a person for occupancy or use by that person.

(3) A mover may not raise, cut, or in any way interfere with wires, cables, or poles unless the person, firm, or corporation who owns or controls the wires, cables, or poles refuses, after having been notified as required by 69-4-602 , to raise or cut the wires or cables or move the poles.

(4) The mover shall make a prepayment of a portion of the total cost estimated under 69-4-602 in advance of the move as follows:

(a) if the structure is moved through or out of the service territory of the owner of the wires, cables, or poles, 100% of the mover's share pursuant to subsection (2); or

(b) if the structure is delivered to a place within the service territory of the owner of the wires, cables, or poles, 50% of the mover's share pursuant to subsection (2).

(5) The owner of the wires, cables, or poles may waive the prepayment requirement or accept a bond or other financial instrument in lieu of payment.

(6) The mover shall pay the mover's share of all actual costs under subsection (2) in excess of any prepayment made under subsection (4) within 30 days of the move.

(7) If the prepayment made under subsection (4) exceeds the mover's share of actual costs under subsection (2), the owner of the wires, cables, or poles shall refund the difference to the mover within 30 days of the move.
Mont. Code Ann. § 69-3-838 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-838
69-3-838 Approval of arbitration decision
Status: in_force

69-3-838 . Approval of arbitration decision. (1) If the commission has not approved or rejected in its entirety an agreement adopted by arbitration under 69-3-837 (12) within 30 days of submission by the parties, the agreement is considered approved.

(2) The commission may reject the agreement only if the commission finds that the agreement does not meet the requirements of 47 U.S.C. 251 and the regulations prescribed to implement that section by the federal communications commission or the standards set forth in 47 U.S.C. 252(d). Upon rejection of an agreement, the commission shall provide the parties with written findings as to any deficiencies.
Mont. Code Ann. § 69-3-601 — MT Code / Title 69 / Chapter 3 / Part 6 / Section 69-3-601
69-3-601 Definitions
Status: repealed

69-3-601 . (Temporary) Definitions. As used in this part, the following definitions apply:

(1) "Commission" means the Montana public service commission.

(2) "Electric cooperative" means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do business in Montana.

(3) "Qualifying small power production facility" means a facility that:

(a) produces electricity by the use, as a primary energy source, of biomass, waste, water, wind, or other renewable resource, or any combination of those sources; or

(b) produces electricity and useful forms of thermal energy, such as heat or steam, used for industrial, commercial, heating, or cooling purposes through the sequential use of energy known as cogeneration; and

(c) has a power production capacity that together with any other facilities located at the same site is not greater than 80 megawatts; and

(d) is owned by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility.

(4) "Utility" means any public utility supplying electricity and regulated by the commission. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 69-3-1601 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1601
69-3-1601 Short title
Status: in_force

69-3-1601 . Short title. This part may be cited as the "Montana Energy Impact Assistance Act".
Mont. Code Ann. § 69-3-811 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-811
69-3-811 Costs for services provided -- jurisdiction over complaints
Status: in_force

69-3-811 . Costs for services provided -- jurisdiction over complaints. (1) Prices charged for a regulated telecommunications service must be above relevant costs unless otherwise ordered by the commission. If the commission determines that a price is below relevant costs, it may ensure that shareholders and not ratepayers are responsible for any relevant costs not recovered through prices.

(2) With regard to competitive services, the term "relevant costs" includes the price for any components that are used by the telecommunications provider and that would be essential for alternative providers to use in providing the competitive services pursuant to commission-approved methodology.

(3) The commission has jurisdiction to consider complaints and initiate investigations to determine whether the price charged by a provider of regulated telecommunications service is above relevant costs. The commission may also consider complaints that a pricing or promotional practice violates any provision of this title.
Mont. Code Ann. § 69-14-239 — MT Code / Title 69 / Chapter 14 / Part 2 / Section 69-14-239
69-14-239 Operation of trains at grade crossings
Status: in_force

69-14-239 . Operation of trains at grade crossings. (1) Except as provided in subsection (2), no railway company operating trains within this state shall permit any locomotives or cars to cross the tracks of any other railroad, at grade, without coming to a full stop immediately before crossing.

(2) (a) If any railway company or companies using one or more tracks crossing each other or connecting in any way at a common grade shall, by an interlocking plant, signal station, or any other works or fixtures, to be erected by them or either of them, render it safe to pass over said crossings without stopping and if such plant, works, or fixtures shall have been first approved by the county commissioners of the county wherein such works are to be constructed and used and the plans of such works and fixtures for such crossing, designating the place of such crossing, shall have been filed with such commissioners, then and in that case the foregoing provisions of this section requiring the stopping of trains at such crossing shall not apply to said companies or either of them.

(b) If said county commissioners shall disapprove any such plans so filed with them or fail to approve the same within 20 days after the filing thereof with them, such railway companies or either of them may apply in the county where such crossing is situated to the district court in and for said county or to a judge thereof in vacation, by petition in writing setting forth the object of such application. Said court or judge shall thereupon appoint a time and place for the hearing of said petition, and a copy of the order appointing such time and place, together with a copy of said petition, shall be served upon said county commissioners at least 10 days before the day appointed for said hearing. Said district court or a judge thereof in vacation shall have full power upon the hearing of said petition to grant the prayer thereof or to make such other order thereon as may be proper in the premises, and the foregoing provisions of this section requiring the stoppage of trains at crossings shall not apply to said railway companies or either of them if said district court shall by its order upon said petition grant the prayer thereof or otherwise and to any extent approve the construction and use of the interlocking plant or other structures therein referred to.
Mont. Code Ann. § 69-3-208 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-208
69-3-208 Effect of failure by utility to cooperate with commission
Status: in_force

69-3-208 . Effect of failure by utility to cooperate with commission. An officer, agent, or employee of any public utility is subject to the penalty prescribed in 69-3-206 whenever the officer, agent, or employee:

(1) willfully fails or refuses to fill out and return any blanks as required by this chapter;

(2) willfully fails or refuses to answer any questions contained in blanks as provided in this chapter;

(3) knowingly or willfully gives a false answer to any questions or evades the answer to the questions, where the fact inquired of is within the officer's, agent's, or employee's knowledge; or

(4) upon proper demand, willfully fails or refuses to exhibit to any commission or any commissioners or any person also authorized to examine the same, any book, paper, or account of the public utility that is in the officer's, agent's, or employee's possession or under the officer's, agent's, or employee's control.
Mont. Code Ann. § 69-4-521 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-521
69-4-521 Duties of council
Status: in_force

69-4-521 . Duties of council. (1) The council shall meet at least annually to advise the department in its administration of this part.

(2) To promote efficiency, cost-effectiveness, and safety, the council shall work cooperatively with:

(a) the department;

(b) underground facility owners and their representatives;

(c) excavators;

(d) property owners; and

(e) interested members of the public.

(3) The council shall:

(a) advise the department in its duty to collect civil penalties in accordance with 69-4-524 and 69-4-525 ;

(b) provide recommendations to the department in determining grants awarded in accordance with 69-4-528 ;

(c) assist the department in the mediation and resolution of disputed civil penalties in accordance with 69-4-526 ; and

(d) advise the department on other significant matters concerning the administration and enforcement of this part, including rulemaking.
Mont. Code Ann. § 69-12-108 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-108
69-12-108 Violations
Status: in_force

69-12-108 . Violations. Any motor carrier subject to the provisions of this chapter, as amended, or whenever any such motor carrier is a corporation, any director or officer thereof; any receiver, trustee, lessee, agent, or person acting for or employed by such corporation; any person, corporation, or association or officer, agent, or employee thereof; or any broker of property or officer, agent, or employee thereof who violates or fails to comply with or who procures, aids, or abets in the violation of any provision of this chapter, as amended, or who fails to obey, observe, or comply with any lawful order, decision, rule, direction, demand, or requirement of the commission or any part of the provisions thereof is:

(1) subject to a civil penalty, to be collected and deposited to the general fund by the commission after notice and hearing, in an amount not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense; or

(2) subject, upon conviction in a justice's court, to a fine of not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.
Mont. Code Ann. § 69-4-107 — MT Code / Title 69 / Chapter 4 / Part 1 / Section 69-4-107
69-4-107 Certificate of public convenience and necessity for transmission lines and facilities -- rulemaking
Status: in_force

69-4-107 . Certificate of public convenience and necessity for transmission lines and facilities -- rulemaking. (1) A public utility, as defined in 69-3-101 , may request a certificate of public convenience and necessity from the commission prior to commencing actual construction work on an electric transmission facility that is rated higher than 69 kilovolts.

(2) If the utility requests a certificate of public convenience and necessity from the commission pursuant to subsection (1), the department may not make a determination regarding the requirements of subsections 75-20-301 (1)(a), (1)(d), and (1)(f).

(3) (a) Upon receiving a request from a public utility or entity, the commission shall determine within 300 days whether the construction of the proposed transmission facility is in the public interest and may grant or deny the certificate of public convenience and necessity.

(b) In making a determination, the commission shall consider:

(i) the need for the proposed transmission facility to ensure reliable service for customers;

(ii) the ability of the proposed transmission facility to improve Montana utility customer access to reliable and cost-effective electric generation or storage facilities;

(iii) the anticipated costs and benefits of the proposed facility;

(iv) the use of advanced transmission technology; and

(v) any other factors deemed appropriate by the commission.

(4) A commission-approved certificate of public convenience and necessity may satisfy the requirements set forth in 75-20-301 (1)(a), (1)(d), and (1)(f), when the department considers siting applications for proposed transmission facilities.

(5) The commission shall adopt rules for the implementation of this section.

(6) Nothing in this section alters the requirements of Title 75, chapter 20.

(7) Nothing in this section requires the public service commission to approve recovery of costs.
Mont. Code Ann. § 69-14-251 — MT Code / Title 69 / Chapter 14 / Part 2 / Section 69-14-251
69-14-251 Annual reports
Status: in_force

69-14-251 . Annual reports. (1) The commission shall require verified annual reports from each and every railroad owning, operating, or having any line of railroad in this state and shall prescribe the manner in which such reports shall be made and may require specific answers to all questions upon which the commission may desire information. It shall be the duty of the president or other officer in charge of such railroad to make such report and answers to the commission. The commission, at such other times as it may deem necessary, may require such other information, statements, or reports as may be deemed necessary and may fix the time for filing of the same.

(2) Any railroad failing or refusing to make or file such annual report or failing or refusing to furnish such additional information, statements, or reports, as may be demanded by the commission, shall forfeit the sum of $500 for each day that such refusal or neglect shall be continued.
Mont. Code Ann. § 69-3-305 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-305
69-3-305 Deviations from scheduled rates, tolls, and charges
Status: in_force

69-3-305 . Deviations from scheduled rates, tolls, and charges. (1) Except as provided in subsection (4)(a), a public utility may not:

(a) charge, demand, collect, or receive a greater or less compensation for a utility service performed by it within the state or for any service in connection with a utility service than is specified in the printed schedules, including schedules of joint rates, that may at the time be in force;

(b) demand, collect, or receive a rate, toll, or charge not specified in the schedules; or

(c) grant a rebate, concession, or special privilege to a consumer or user that, directly or indirectly, has or may have the effect of changing the rates, tolls, charges, or payments.

(2) The rates, tolls, and charges named in the printed schedules are the lawful rates, tolls, and charges until the rates, tolls, and charges are changed, as provided in this chapter.

(3) The commission may order refunds or credits of rates, tolls, or charges collected in violation of this section and may order payment of interest at a reasonable rate on the refunded amount.

(4) (a) A provider of regulated telecommunications service may offer, for a limited period of time, rebates, price reductions, or waivers of charges in conjunction with promotions, market trials, or other sales-related activities that are common business practices. Promotional pricing for services to end users does not require advance approval of the commission. Informational price lists must be filed with the commission on or before the date that the promotion begins.

(b) A public utility providing electricity or natural gas may offer grants and subsidized loans to install energy conservation and nonfossil forms of energy generation systems in dwellings.

(c) The commission may define the appropriate scope of promotions, rebates, market trials, and grants and subsidized loans, either by rule or in response to complaints. The commission may determine whether a particular sales activity or grant or subsidized loan program under this subsection (4) is unfairly discriminatory or is not cost-effective. Costs and expenses incurred or revenue foregone with respect to sales activities and grant and subsidized loan programs that the commission determines are unfairly discriminatory or not cost-effective are the responsibility of the provider's shareholders in rates set by the commission.

(5) A public utility violating the provisions of this section is subject to the penalty prescribed in 69-3-206 . However, this does not have the effect of suspending, rescinding, invalidating, or in any way affecting existing contracts.
Mont. Code Ann. § 69-8-804 — MT Code / Title 69 / Chapter 8 / Part 8 / Section 69-8-804
69-8-804 Commission authority -- rulemaking
Status: in_force

69-8-804 . Commission authority -- rulemaking. The commission may adopt rules to implement and enforce the provisions of this part.
Mont. Code Ann. § 69-3-702 — MT Code / Title 69 / Chapter 3 / Part 7 / Section 69-3-702
69-3-702 Eligible conservation
Status: in_force

69-3-702 . Eligible conservation. Conservation purchases or investments are eligible under this part if they are provided for in 69-3-1206 and in accordance with 69-3-714 or 69-3-1209 .
Mont. Code Ann. § 69-3-103 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-103
69-3-103 General powers and rulemaking authority of commission
Status: in_force

69-3-103 . General powers and rulemaking authority of commission. (1) In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said commission shall have power to prescribe rules of procedure and to do all things necessary and convenient in the exercise of the powers conferred by this chapter upon the commission; provided that nothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the legality or reasonableness of any fixed order made by the commission in the exercise of its duties or powers.

(2) The commission shall have the power to:

(a) adopt reasonable and proper rules relative to all inspections, tests, audits, and investigations;

(b) adopt and publish reasonable and proper rules to govern its proceedings; and

(c) regulate the mode and manner of all investigations and hearings of public utilities and other parties before it.
Mont. Code Ann. § 69-14-608 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-608
69-14-608 Court action to determine justness and reasonableness of commission order
Status: in_force

69-14-608 . Court action to determine justness and reasonableness of commission order. The board of county commissioners or the railroad company affected by an order or decision of the commission made pursuant to the provisions of 69-14-601 through 69-14-611 may commence an action in any court having jurisdiction to determine the justness and reasonableness of such order or decision. In any such action the order or decision sought to be reviewed shall prima facie be deemed just, reasonable, and proper.
Mont. Code Ann. § 69-3-1316 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1316
69-3-1316 Notice to attorney general
Status: in_force

69-3-1316 . Notice to attorney general. If the commission has reason to believe that any entity has violated any provision of the law for which a criminal penalty is provided or any law regarding fraud or consumer protection, the commission shall notify the attorney general.
Mont. Code Ann. § 69-14-604 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-604
69-14-604 Procedure to order construction of crossing
Status: in_force

69-14-604 . Procedure to order construction of crossing. If a board of county commissioners orders the construction of a railroad crossing, the board shall enter an order upon its minutes, specifying the place of the crossing. A copy of the order must be served upon the railroad company, and a copy must be immediately mailed to the public service commission.
Mont. Code Ann. § 69-12-314 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-314
69-12-314 Class D motor carrier certificate of public convenience and necessity
Status: in_force

69-12-314 . Class D motor carrier certificate of public convenience and necessity. (1) Class D carriers shall conduct operations pursuant to a certificate of public convenience and necessity issued by the commission authorizing the transportation of the commodities described in 69-12-301 (3). Class D carriers, when applying for a new or additional certificate of public convenience and necessity, shall file an application with the commission in accordance with the requirements of this chapter and the rules of the commission.

(2) A motor carrier may not possess a Class D motor carrier certificate of public convenience or necessity or operate as a Class D motor carrier unless the motor carrier actually engages in the transportation of garbage on a regular basis as part of the motor carrier's usual business operation.
Mont. Code Ann. § 69-3-832 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-832
69-3-832 Interconnection -- jurisdiction
Status: in_force

69-3-832 . Interconnection -- jurisdiction. In addition to the authority granted to the commission in 69-3-102 to supervise and regulate public utilities, the commission has authority, for the purposes of implementing 69-3-829 through 69-3-839 , over all telecommunications carriers.
Mont. Code Ann. § 69-3-1613 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1613
69-3-1613 Judicial review of financing orders
Status: in_force

69-3-1613 . Judicial review of financing orders. (1) A financing order is a final order of the commission.

(2) A party aggrieved by the issuance of a financing order may petition for suspension and review of the financing order in the district court of the first judicial district, Lewis and Clark County. In the case of any petition for suspension and review, the court shall proceed to hear and determine the action as expeditiously as practicable and give the action precedence over other matters not accorded similar precedence by law.
Mont. Code Ann. § 69-4-203 — MT Code / Title 69 / Chapter 4 / Part 2 / Section 69-4-203
69-4-203 Scope of law
Status: in_force

69-4-203 . Scope of law. Section 69-4-201 does not apply to:

(1) interstate railroad electrification construction except where the wires of the railroad cross or are crossed by wires belonging to others; or

(2) any electrical construction of any person using the construction for power wires if:

(a) the construction and wires and the power plant furnishing electricity to the wires are wholly owned by this person and the electricity conducted is produced and used solely by this person on the person's own premises and not sold or delivered to any other person off the person's premises;

(b) the wires or construction are not over or across any highway or public place or the property of others; and

(c) these wires have a potential of less than 450 volts between any phases.
Mont. Code Ann. § 69-12-326 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-326
69-12-326 Lease of certificate
Status: in_force

69-12-326 . Lease of certificate. (1) An authorized carrier operating within the state may lease its certificate or any integral segment thereof to another carrier only by approval of the commission. The contract or lease under which the certificate is leased must be in writing and approved by the commission prior to any operation under the certificate. The contract or lease must specify:

(a) the period for which a certificate is to be leased, which shall not be less than 30 days;

(b) the compensation to be paid;

(c) the time or date upon which the lease will commence and terminate; and

(d) the signatures of the parties thereto.

(2) Operation under the certificate is prohibited until approved by the commission in writing. During the period of the contract or lease, transportation movements under the contract or lease must be performed by the entity contracting for or leasing the certificate, or any integral segment thereof, while transportation movements by the owner (lessor) are prohibited.
Mont. Code Ann. § 69-12-207 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-207
69-12-207 Temporary operating authority
Status: in_force

69-12-207 . Temporary operating authority. (1) To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting such need, the commission may, in its discretion upon affidavits or such other evidence as it may deem sufficient and without hearings or other proceedings, grant temporary authority for such service by a common carrier by motor vehicle or a contract carrier by motor vehicle, as the case may be. Such affidavits or other evidence as the commission may determine must accompany the application for temporary authority. The affidavits or other evidence must specify in detail the reason for supporting the application for temporary authority and the term within which the temporary authority would be required.

(2) Such temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the commission shall specify, but for not more than 90 days. Temporary authority initially granted pursuant to the provisions hereof may be extended by the commission without hearings or other proceedings, but in no case shall a grant of temporary authority with extensions exceed an aggregate of 120 days.

(3) Neither the granting of temporary authority nor operation thereunder shall create any presumption that corresponding permanent authority will be granted thereafter. Transportation service rendered under such temporary authority shall be subject to all applicable provisions of this chapter and to the rules and requirements of the commission thereunder.
Mont. Code Ann. § 69-1-228 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-228
69-1-228 Credit for overpayment -- interest on overpayment
Status: in_force

69-1-228 . Credit for overpayment -- interest on overpayment. (1) If the department of revenue determines that the amount of fee, penalty, or interest paid for any year is more than the amount due, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the taxpayer or the taxpayer's successor through reorganization, merger, or consolidation or to the taxpayer's shareholders upon dissolution.

(2) Except as provided in subsection (3), interest is allowed on overpayments at the same rate as is charged on deficiency assessments from the due date of the return or from the date of overpayment, whichever date is later, to the date the department of revenue approves refunding or crediting of the overpayment.

(3) (a) Interest does not accrue during any period in which the processing of a claim for a refund is delayed more than 30 days by reason of failure of the taxpayer to furnish information requested by the department of revenue for the purpose of verifying the amount of the overpayment.

(b) Interest is not allowed:

(i) if the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or

(ii) if the amount of interest is less than $1.

(c) Only a payment made incident to a bona fide and orderly discharge of actual tax liability or one reasonably assumed to be imposed by this chapter is considered an overpayment with respect to which interest is allowable.
Mont. Code Ann. § 69-5-105 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-105
69-5-105 Service to new consumers
Status: in_force

69-5-105 . Service to new consumers. (1) Except as provided in 69-5-106 and 69-5-113 , the electric facilities provider that has a line nearest the premises and that has the capacity to serve the premises, as measured in accordance with subsection (2), shall provide electric service facilities to the premises initially requiring service after May 2, 1997.

(2) All measurements under this part must be made on the shortest vector that can be drawn from the line nearest the premises to the nearest permanent portion of the premises.
Mont. Code Ann. § 69-3-1303 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1303
69-3-1303 Prohibition -- exceptions
Status: in_force

69-3-1303 . Prohibition -- exceptions. (1) A telecommunications carrier may not request a change in a customer's primary interexchange carrier or local exchange company unless:

(a) the requesting carrier has obtained the customer's written or electronic signature on a form that contains clear and conspicuous disclosure of the customer's request for a change in telecommunications carrier;

(b) the customer affected by the change initiates the contact with the carrier in order to request the change;

(c) the carrier who has initiated the change has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with rules prescribed by the commission; or

(d) the change in carrier is the result of a sale or transfer of a subscriber base from one carrier to another and the carrier that has acquired the subscriber base has notified the commission and customers affected by the change in accordance with rules prescribed by the commission.

(2) The documentation required in subsection (1):

(a) must include the written or electronic signature of the customer responsible for paying the charges on the account held by the telecommunications carrier; and

(b) may not be a part of any sweepstakes, contest, or similar promotional program.
Mont. Code Ann. § 69-14-909 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-909
69-14-909 Time limit for construction of elevator or warehouse
Status: in_force

69-14-909 . Time limit for construction of elevator or warehouse. Any person, firm, or corporation availing itself of the provisions of 69-14-901 through 69-14-911 shall, within 60 days after the amount to be paid for the easement acquired thereunder is finally determined, by agreement or by proceedings in court, commence the erection of the warehouse or elevator mentioned in the application and complete the same within 90 days thereafter. In case of failure to comply with the provisions of this section, such person or persons shall be deemed to have abandoned the right acquired, and the part or portion of the railroad right-of-way described in the application shall be subject to selection by other applicants who may desire to avail themselves of the provisions of 69-14-901 through 69-14-911 .
Mont. Code Ann. § 69-14-605 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-605
69-14-605 Time for completion of crossing
Status: in_force

69-14-605 . Time for completion of crossing. It shall be the duty of a railroad company to construct a crossing ordered by the board of county commissioners of any county within 60 days after service of such order; provided, however, that in case any crossing shall be ordered requiring any extended period of construction, such additional time as is reasonably necessary to complete the same shall be allowed by the commission upon the proper application for such extension.
Mont. Code Ann. § 69-3-207 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-207
69-3-207 Penalty for violation of natural gas pipeline safety provisions and regulations
Status: in_force

69-3-207 . Penalty for violation of natural gas pipeline safety provisions and regulations. (1) A person violating any safety regulation or provision adopted under the Natural Gas Pipeline Safety Act of 1968, as amended, that applies to areas the commission has authority to enforce is subject to a fine not to exceed $239,142 for each violation for each day. Each day in which a violation of a safety regulation or provision continues is considered a separate offense and is subject to the penalty prescribed in this subsection, except that the maximum fine may not exceed $2,391,412 for any related series of violations.

(2) In determining the amount of the penalty, the following must be considered: the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability; any history of prior violations; the effect on ability to continue to do business; any good faith in attempting to achieve compliance; ability to pay the penalty; and other matters as justice may require.

(3) The fine must be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.

(4) The commission may prescribe rules necessary to effectively administer this section.
Mont. Code Ann. § 69-3-504 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-504
69-3-504 Decision on petition
Status: in_force

69-3-504 . Decision on petition. After such hearing and upon such notice as the commission may prescribe, the commission shall enter its written order approving the petition and authorizing the proposed securities transactions unless the commission shall find that:

(1) such transactions are inconsistent with the public interest;

(2) the purpose or purposes thereof are not permitted by this part; or

(3) the aggregate amount of the securities outstanding and proposed to be outstanding would exceed the fair value of the properties and business of the public utility.
Mont. Code Ann. § 69-1-225 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-225
69-1-225 Computation and collection of fee in absence of statement -- penalty and interest
Status: in_force

69-1-225 . Computation and collection of fee in absence of statement -- penalty and interest. (1) If a regulated company or an officer or employee of a regulated company fails, neglects, or refuses to file the statement required by 69-1-223 (2), the department of revenue may after the time for filing has expired proceed to inform itself, as best it may, regarding the regulated company's gross operating revenue from all activities regulated by the commission within the state for the calendar quarter, quarters, or portion thereof and may determine and fix the amount of the consumer counsel fee due.

(2) (a) When a deficiency is determined and the fee becomes final, the department shall mail a notice and demand for payment to the regulated company. The fee is due and payable at the expiration of 10 days after the notice and demand were mailed. Interest on any deficiency assessment bears interest until paid, at the rate of 1% a month or fraction of a month, computed from the original due date of the return.

(b) If payment is not made within 10 days, the amount of the deficiency is considered delinquent. A 10% penalty must be added to the amount of the deficiency.

(c) The taxpayer may seek review of the department's action pursuant to 15-1-211 .

(3) The 10% penalty may be waived by the department of revenue if reasonable cause for failure and neglect to file the statement is provided to the department.
Mont. Code Ann. § 69-4-525 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-525
69-4-525 Underground facilities damage -- underground facility owner civil penalties
Status: in_force

69-4-525 . Underground facilities damage -- underground facility owner civil penalties. (1) Except as provided in 69-4-529 (3), within 14 days of receiving an incident report in accordance with subsection (2), the department shall issue a civil penalty in accordance with this section.

(2) If an incident is reported because a locate and mark was not properly completed or if the locate and marks provided were not reasonably accurate for locatable underground facilities, the underground facility owner shall be assessed a civil penalty in accordance with subsections (3) and (4).

(3) Except as provided in subsection (5), if the incident involves an underground facility that is not a jurisdictional pipeline, the civil penalty is the greater of $50 or twice the last civil penalty issued to the underground facility owner, not to exceed $10,000.

(4) Except as provided in subsection (5), if the incident involves an underground facility that is a jurisdictional pipeline, the civil penalty is the greater of $100 or three times the last civil penalty issued to the underground facility owner, not to exceed $25,000.

(5) If an underground facility owner is not a member of a notification center pursuant to 69-4-502 (3), the penalties included in subsections (3) and (4) double.

(6) (a) For the purposes of this section and subject to subsections (6)(b) and (6)(c), the last civil penalty is the dollar amount of the civil penalty that would have been issued to the underground facility owner under this part based on incidents occurring in the lesser of:

(i) the last 100 outgoing locate requests made to the underground facility owner; or

(ii) a rolling 12-month period based on the incident date.

(b) If an incident is subject to subsection (3), the civil penalty must be calculated as if all previous incidents were subject to subsection (3).

(c) If an incident is subject to subsection (4), the civil penalty must be calculated as if all previous incidents were subject to subsection (4).
Mont. Code Ann. § 69-14-908 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-908
69-14-908 Prompt payment of rental required
Status: in_force

69-14-908 . Prompt payment of rental required. In case the annual rental is elected, the same shall be paid yearly in advance, and if not so paid after 30 days' default, the right, privilege, and easement aforesaid shall be absolutely forfeited.
Mont. Code Ann. § 69-3-1405 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1405
69-3-1405 Licensing -- procedures -- commission rulemaking
Status: in_force

69-3-1405 . Licensing -- procedures -- commission rulemaking. (1) The commission shall license natural gas suppliers and enforce licensing provisions pursuant to this section.

(2) A natural gas supplier shall file an application with and obtain a license from the commission to sell natural gas to customers in the state of Montana.

(3) A licensee shall:

(a) provide copies of all license applications to the commission and to all distribution services providers; and

(b) update information and file annual reports.

(4) A license application becomes effective 30 days after filing with the commission, unless the commission rejects the application during that period. If the commission rejects a license application, the commission shall specify the reasons in writing and, if practical, shall identify alternative ways to overcome deficiencies.

(5) The commission shall promulgate rules requiring licensing information that identifies the licensee and ensures that the natural gas supply is provided as offered and is adequate in terms of quality, safety, and reliability.

(6) The commission may require proof of a licensees financial integrity and a demonstration of adequate firm deliverability to meet load requirements.

(7) Pursuant to its own investigation or upon the complaint of an affected party, the commission may institute a proceeding to revoke or suspend a license of a natural gas supplier for just cause.
Mont. Code Ann. § 69-3-104 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-104
69-3-104 Hearings to be open
Status: in_force

69-3-104 . Hearings to be open. All hearings shall be open to the public.
Mont. Code Ann. § 69-3-205 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-205
69-3-205 Verification of reports and other papers
Status: in_force

69-3-205 . Verification of reports and other papers. Every annual report, record, or statement required by this chapter to be made to the commission shall be sworn to by the proper officer, agent, or person in charge of such public utility. Any intentionally false oath as to the correctness of such report, record, or statement shall be deemed perjury, and the person making such false oath shall upon conviction be punished as in the case of other perjuries.
Mont. Code Ann. § 69-2-102 — MT Code / Title 69 / Chapter 2 / Part 1 / Section 69-2-102
69-2-102 Role of commission when consumer counsel protests
Status: in_force

69-2-102 . Role of commission when consumer counsel protests. In any case involving an application by a regulated entity to the commission for authority to increase its rates that is actively contested by the consumer counsel, the commission shall leave representation of the interests of consumers to the consumer counsel when the consumer counsel timely petitions to become a party to the case. This section does not prohibit the commission or its staff from investigating and interrogating in any hearing to clarify the case or present an issue. Evidence may be introduced by the commission on an issue that has not been adequately addressed by any party if the commission first requests counsel of record to address the issue and counsel fails to introduce sufficient or adequate evidence.
Mont. Code Ann. § 69-1-201 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-201
69-1-201 Definitions
Status: in_force

69-1-201 . Definitions. As used in this part and part 2 of chapter 2, the following definitions apply:

(1) "Committee" means the legislative consumer committee provided for in Title 5, chapter 15, part 1.

(2) "Consumer counsel" means the consumer counsel provided for in Title 5, chapter 15, part 2.

(3) "Regulated companies" means all those organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation or the public service commission or any successor agency.
Mont. Code Ann. § 69-3-323 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-323
69-3-323 Complaint by public utility
Status: in_force

69-3-323 . Complaint by public utility. Any public utility may make complaint as to any matter affecting its own product or service with like effect as though made by any mercantile, agricultural, or manufacturing society; body politic or municipal organization; or person. Notice of the hearing upon any such complaint shall be given to the persons interested in such manner as the commission may by rule prescribe.
Mont. Code Ann. § 69-14-1006 — MT Code / Title 69 / Chapter 14 / Part 10 / Section 69-14-1006
69-14-1006 Liability for death or injury to railroad employees
Status: in_force

69-14-1006 . Liability for death or injury to railroad employees. (1) A person or corporation operating a railroad in this state is liable in damages to any person suffering injury while the person is employed by the person or corporation operating the railroad or, in case of the death of an employee, instantaneously or otherwise, to the employee's personal representative, for the benefit of the surviving spouse and children of the employee and, if none, then of the employee's parents and, if none, then of the next of kin dependent upon the employee. The damages must be for an injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of the person or corporation operating the railroad, in or about the handling, movement, or operation of any train, engine, or car on or over the railroad or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

(2) (a) In all actions brought against any person or corporation operating the railroad, under or by virtue of any of the provisions of this section, the fact that the employee may have been guilty of contributory negligence may not bar a recovery, but the damages must be diminished by the jury in proportion to the amount of negligence attributable to the employee. However, an employee who is injured or killed may not be held to have been guilty of contributory negligence in any case in which the violation by the person or corporation operating the railroad of any statute enacted for the safety of employees contributed to the injury or death of the employee.

(b) An employee of a person or corporation operating the railroad may not be considered to have assumed any risk incident to the employee's employment when the risk arises by reason of the negligence of the employer or of any person in the service of the employer.

(3) A contract, rule, or device, the purpose or intent of which is to enable a person or corporation operating a railroad to exempt itself from any liability created by this section, is, to that extent, void. In an action brought against a person or corporation operating a railroad under or by virtue of any of the provisions of this section, the person or corporation may set off any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled to the payment on account of the injury or death for which the action is brought.
Mont. Code Ann. § 69-3-307 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-307
69-3-307 Treatment of advertisement costs and contributions
Status: in_force

69-3-307 . Treatment of advertisement costs and contributions. Costs or expenses incurred by public utilities for advertising, transfers of funds without full and adequate consideration, contributions, donations, and gifts may not be treated as expenses deductible from income or from capital assets or in any other manner by the public service commission in setting or regulating rates that may be charged by the public utilities pursuant to this chapter. This section does not apply to advertising that encourages the conservation of energy or product safety or informs the public of the availability of alternative forms of energy or recommends usage at times of lower rates or lower demand. Furthermore, for communications public utilities, the provisions of this section do not apply to advertising that relates to special equipment that is available to aid persons with disabilities or to special services that are designed to protect the public health, welfare, and safety, to promote more efficient use of a communications system, or to promote increased use of regulated communications services.
Mont. Code Ann. § 69-8-421 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-421
69-8-421 Approval of electricity supply resources
Status: in_force

69-8-421 . Approval of electricity supply resources. (1) A public utility may apply to the commission for approval of an electricity supply resource that:

(a) is not yet procured; and

(b) is subject to a competitive solicitation process when applicable in accordance with 69-3-1207 .

(2) Within 45 days of the public utility's submission of an application for approval, the commission shall determine whether or not the application is adequate and in compliance with the commission's minimum filing requirements. If the commission determines that the application is inadequate, it shall explain the deficiencies.

(3) The commission shall issue an order within 180 days of receipt of an adequate application for approval of a power purchase agreement from an existing generating resource unless it determines that extraordinary circumstances require additional time.

(4) (a) Except as provided in subsections (4)(b) through (4)(d), the commission shall issue an order within 270 days of receipt of an adequate application for approval of a lease, an acquisition of an equity interest in a new or existing plant or equipment used to generate electricity, or a power purchase agreement for which approval would result in construction of a new electric generating resource. The commission may extend the time limit up to an additional 90 days if it determines that extraordinary circumstances require it.

(b) If an air quality permit pursuant to Title 75, chapter 2, is required for a new electrical generation resource or a modification to an existing resource, the commission shall hold the public meetings on the application for approval in accordance with 69-3-1205 (3) at least 30 days after the issuance of the final air quality permit.

(c) If a final air quality permit is not issued within the time limit pursuant to subsection (4)(a), the commission shall extend the time limit in order to comply with subsection (4)(b).

(d) The commission may extend the time limit for issuing an order for an additional 60 days following the meetings pursuant to subsection (4)(b).

(5) To facilitate timely consideration of an application, the commission may initiate proceedings to evaluate planning and procurement activities related to a potential resource procurement, if necessary, in accordance with 69-3-1207 prior to the public utility's submission of an application for approval.

(6) (a) The commission may approve or deny, in whole or in part, an application for approval of an electricity supply resource.

(b) The commission may consider all relevant information known up to the time that the administrative record in the proceeding is closed in the evaluation of an application for approval.

(c) A commission order granting approval of an application must include the following findings:

(i) approval, in whole or in part, is in the public interest; and

(ii) procurement of the electricity supply resource is consistent with the requirements and objectives in 69-3-201 , 69-3-1201 through 69-3-1209 , and commission rules.

(d) The commission order may include a provision for allowable generation assets cost of service when the utility has filed an application for the lease or acquisition of an equity interest in a plant or equipment used to generate electricity.

(e) When issuing an order for the acquisition of an equity interest or lease in a facility or equipment that is constructed after January 1, 2007, and that is used to generate electricity that is primarily fueled by natural or synthetic gas, the commission shall require the applicant to implement cost-effective carbon offsets. Expenditures required for cost-effective carbon offsets pursuant to this subsection (6)(e) are fully recoverable in rates. By March 31, 2008, the commission shall adopt rules for the implementation of this subsection (6)(e).

(f) The commission order may include other findings that the commission determines are necessary.

(g) A commission order that denies approval must describe why the findings required in subsection (6)(c) could not be reached.

(h) The commission order must approve or deny an initial cost finding, in whole or in part. Any additional costs in excess of the commission approved amount must be approved or denied, in whole or in part, in a subsequent proceeding.

(7) Notwithstanding any provision of this chapter to the contrary, if the commission has issued an order containing the findings required under subsection (6)(c), the commission may not subsequently disallow the recovery of costs related to the approved electricity supply resource based on contrary findings.

(8) Until the state or federal government has adopted uniformly applicable statewide standards for the capture and sequestration of carbon dioxide, the commission may not approve an application for the acquisition of an equity interest or lease in a facility or equipment used to generate electricity that is primarily fueled by coal and that is constructed after January 1, 2007, unless the facility or equipment captures and sequesters a minimum of 50% of the carbon dioxide produced by the facility. Carbon dioxide captured by a facility or equipment may be sequestered offsite from the facility or equipment.

(9) Nothing limits the commission's ability to subsequently, in any future rate proceeding, inquire into the manner in which the public utility has managed, dispatched, operated, or maintained any resource or managed any power purchase agreement as part of its overall resource portfolio. The commission may subsequently disallow rate recovery for the costs that result from the failure of a public utility to reasonably manage, dispatch, operate, maintain, or administer electricity supply resources in a manner consistent with 69-3-201 and commission rules.

(10) The commission shall adopt rules prescribing minimum filing requirements for applications filed pursuant to this part.
Mont. Code Ann. § 69-3-714 — MT Code / Title 69 / Chapter 3 / Part 7 / Section 69-3-714
69-3-714 Criteria for allowable advanced conductor programs
Status: in_force

69-3-714 . Criteria for allowable advanced conductor programs. (1) The commission may approve cost-effectiveness criteria for advanced conductor projects that may be placed into a utility's rate base under this part.

(2) Criteria must be based on established direct current resistance at standard pressure and a temperature of 20 degrees Celsius.

(3) As used in this section, "advanced conductor" means an overhead electricity conductor installed in a transmission or distribution project that has a direct current electrical resistance at least 10% lower than existing conductors of a similar diameter on the system.

(4) In establishing cost-effectiveness criteria, the commission may consider decreased electrical losses and any other relevant consumer, environmental, and system benefits provided by advanced conductors.
Mont. Code Ann. § 69-3-1404 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1404
69-3-1404 Functional separation -- code of conduct -- emergency services -- customer protection
Status: in_force

69-3-1404 . Functional separation -- code of conduct -- emergency services -- customer protection. (1) Except as provided in 69-3-1413 through 69-3-1416 , a natural gas utility that provides customer choice and open access on its system shall:

(a) functionally separate its natural gas production and gathering resources from its natural gas transmission, storage, and distribution services and remove natural gas production and gathering resources from the rate base;

(b) adopt and comply with commission-approved standards of conduct to be included in a tariff to govern its natural gas transmission, storage, and distribution services; and

(c) provide emergency natural gas supply and related services to the extent necessary to maintain the operational integrity of the transmission system as determined by the commission.

(2) The commission shall develop standards that protect consumers and natural gas suppliers from anticompetitive and abusive practices.

(3) This part does not reduce or otherwise change the authority of the commission to review the prudence of natural gas purchases made by a natural gas utility for its customers that do not have a choice or that have not made a choice of natural gas suppliers or have not been assigned a natural gas supplier.
Mont. Code Ann. § 69-13-101 — MT Code / Title 69 / Chapter 13 / Part 1 / Section 69-13-101
69-13-101 Common carrier pipeline -- definition
Status: in_force

69-13-101 . Common carrier pipeline -- definition. (1) A person, firm, corporation, limited partnership, joint-stock association, or association is a common carrier if it engages in:

(a) owning, operating, or managing any pipeline or any part of any pipeline within the state for the transportation of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide to or for the public for hire or engaging in the business of transporting crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide by pipelines;

(b) owning, operating, or managing any pipeline or any part of any pipeline for the transportation of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide to or for the public for hire when the pipeline is constructed or maintained upon, along, over, or under any public road or highway;

(c) owning, operating, or managing any pipeline or any part of any pipeline for transportation to or for the public for hire of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide when the pipeline is or may be constructed, operated, or maintained across, upon, along, over, or under the right-of-way of any railroad, corporation, or other common carrier required by law to transport crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide as a common carrier;

(d) owning, operating, or managing or participating in ownership, operation, or management, under lease, contract of purchase, agreement to buy or sell, or other agreement or arrangement of any kind whatsoever, any pipeline or any part of any pipeline for the transportation from any oil field, coal mine or field, or place of production within this state to any distributing, refining, or marketing center or reshipping point within this state of crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide bought from others; or

(e) made a common carrier by or under the terms of contract with or in pursuance of the law of the United States.

(2) For the purposes of this chapter, "plant or facility that produces or captures carbon dioxide" has the meaning provided for in 15-6-158 .

(3) The provisions of this chapter do not apply to:

(a) pipelines that are limited in their use to the wells, stations, plants, and refineries of the owner and that are not a part of the pipeline transportation system of any common carrier; or

(b) any property of a common carrier that is not a part of or necessarily incident to its pipeline transportation system.
Mont. Code Ann. § 69-14-620 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-620
69-14-620 Establishment of railroad quiet zones
Status: in_force

69-14-620 . Establishment of railroad quiet zones. (1) For the purposes of this section, "quiet zone" means a segment of a railroad within which is situated one or a number of consecutive railroad crossings at which locomotive horns and bells are not routinely sounded.

(2) A governing body of a municipality or a board of county commissioners may petition to the secretary of the United States department of transportation to establish quiet zones at railroad crossings that meet the requirements established in the rules adopted to implement 49 U.S.C. 20153(c). In developing the petition, the governing body of the municipality or the board of county commissioners shall consult with the railroad corporations that operate the rail lines through crossings that are within the proposed quiet zone. The petition must include how the municipality or county intends to implement the supplemental safety measures that are required by the United States department of transportation at railroad crossings within quiet zones.

(3) A quiet zone may not be established at a railroad crossing unless the governing body of a municipality or a board of county commissioners follows the procedure provided in subsection (2) and receives the approval of the secretary of the United States department of transportation or the secretary's designee.
Mont. Code Ann. § 69-14-601 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-601
69-14-601 Definition of railroad company
Status: in_force

69-14-601 . Definition of railroad company. The words "railroad company", as used in 69-14-601 through 69-14-611 , shall be taken and construed to mean any corporation, person, or association of persons owning or operating a railroad.
Mont. Code Ann. § 69-3-1402 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1402
69-3-1402 Definitions
Status: in_force

69-3-1402 . Definitions. As used in this part, the following definitions apply:

(1) "Customer" means a natural gas customer or consumer of natural gas supply or natural gas transmission facilities, storage facilities, or distribution facilities.

(2) "Distribution facilities" means those facilities that are not transmission facilities:

(a) by and through which natural gas is received from a transmission services provider and transmitted to the customer; and

(b) operated by a distribution services provider.

(3) "Distribution services provider" means a person controlling or operating distribution facilities for distribution of natural gas to the public.

(4) "Natural gas production and gathering assets cost of service" means a return on invested capital and all costs associated with the acquisition, construction, administration, operation, and maintenance of a plant or equipment, minerals, and mineral rights owned or leased by a public utility and used for natural gas production and gathering.

(5) "Natural gas production and gathering resources" means plants or equipment, minerals, and mineral rights used to extract natural gas from the earth and to collect, purify, measure, regulate, compress, and transport natural gas from its place of production to its connection with a transmission facility.

(6) "Natural gas supplier" means a person, including aggregators, market aggregators, brokers, and marketers, licensed by the commission that is offering to sell natural gas to retail customers in the state of Montana.

(7) "Natural gas utility" means a utility regulated by the commission on May 2, 1997, that provides natural gas services to the public.

(8) "Open access" means that a natural gas utility has made its transmission facilities, storage facilities, or distribution facilities available to all natural gas suppliers, transmission services providers, distribution services providers, and customers on a nondiscriminatory and comparable basis.

(9) "Performance-based ratemaking" means those forms of regulation that include but are not limited to the use of revenue indexing, price indexing, ranges of authorized return, gas cost indexing, and innovative use of utility-related assets and activities, such as system sales of excess natural gas supplies, release of upstream pipeline capacity, and performance of billing services for other natural gas suppliers. A performance-based regulation may also include a mechanism for automatic annual adjustments of revenue to prices to reflect changes in any index adopted for the implementation of the performance-based form of regulation.

(10) "Storage facilities" means those facilities that are owned, controlled, or operated by a person offering storage service for natural gas and generally means any underground reservoir suitable for the storage of natural gas and the facilities used to inject and withdraw natural gas into and out of that underground reservoir.

(11) "Transition costs" means:

(a) a natural gas utility's net, verifiable production-related and gathering-related costs, including costs of capital, that become unrecoverable as a result of customer choice and open access. These costs include but are not limited to:

(i) regulatory assets and deferred charges that exist as a result of current regulatory practices and that may be accounted for up to the point in time that the commission issues a final order in a docket addressing transition costs, including all costs, expenses, and fees related to the issuance of transition bonds;

(ii) the above-market costs associated with existing gas supply commitments;

(iii) other natural gas utility investments rendered uneconomic as a result of implementation of customer choice and open access;

(iv) the costs associated with renegotiation or buyout of existing natural gas purchase contracts; and

(v) the costs associated with the issuance of any related transition bonds authorized by the commission pursuant to 69-3-1403 .

(b) the costs of refinancing or retiring debt or equity capital of the natural gas utility and associated federal and state tax liabilities or other utility costs for which the use of transition bonds would benefit customers.

(12) "Transmission facilities" means those facilities owned, controlled, and operated by a transmission services provider that are used to transport natural gas from a gathering line or storage facility to a distribution facility, storage facility, or end-use customer.

(13) "Transmission services provider" means a person controlling or operating transmission facilities.

(14) "Universal system benefits charge" means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of universal system benefits program costs.

(15) "Universal system benefits programs" means public purpose programs for cost-effective local energy conservation, low-income energy bill discounts, low-income weatherization, and emergency low-income energy bill assistance.
Mont. Code Ann. § 69-13-203 — MT Code / Title 69 / Chapter 13 / Part 2 / Section 69-13-203
69-13-203 Investigatory and enforcement authority of commission
Status: in_force

69-13-203 . Investigatory and enforcement authority of commission. The commission shall have the power and authority to hear and determine complaints, to require attendance of witnesses, and to institute suits and sue out such writs and process as may be necessary for the enforcement of its orders.
Mont. Code Ann. § 69-3-108 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-108
69-3-108 Standards for and examinations of products and services
Status: in_force

69-3-108 . Standards for and examinations of products and services. (1) The commission shall ascertain and prescribe for each kind of public utility suitable and convenient commercial units of product or service. These are lawful units for the purposes of this chapter.

(2) The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply of the product or service rendered by any public utility and establish reasonable standards for examination and testing of the product or service and for the measurement of the product or service.

(3) The commission shall provide for the examination and testing of appliances used for the measuring of any product or service of a public utility. A consumer or user may have appliances tested upon payment of the fees fixed by the commission. The commission shall establish reasonable fees to be paid for testing appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of the request. These fees must be paid by the public utility and repaid to the complaining party if the quality or quantity of the product or the character of the service is found by the commission defective or insufficient in a degree to justify the demand for testing, or the commission may apportion the fees between the parties as justice may require.

(4) The commission may, in its discretion, purchase materials, apparatus, and standard measuring instruments for examinations and tests as it considers necessary.

(5) The commission or its agents, experts, or examiners may enter upon any premises occupied by a public utility for the purpose of making the examinations and tests provided in this chapter and set up and use on the premises any apparatus and appliances and occupy reasonable space for the examinations and tests. A public utility refusing to allow examinations to be made, as provided in this chapter, is subject to the penalties prescribed in 69-3-206 .

(6) The standards and fees established by the commission pursuant to this section must be established through administrative rules or ordered tariff provisions, in accordance with the Montana Administrative Procedure Act.
Mont. Code Ann. § 69-14-609 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-609
69-14-609 Extension of time to comply with order
Status: in_force

69-14-609 . Extension of time to comply with order. In the event of an application to the commission to review any order made by the board of county commissioners and in the event of any action to review any order or decision of the commission, as herein provided, the time within which to comply with said order shall be extended and the railroad company shall have 60 days after the order or decision becomes final and effective within which to comply with the same. The time for compliance as herein provided may be extended, for good cause shown, by the commission.
Mont. Code Ann. § 69-12-102 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-102
69-12-102 Scope of chapter -- exemptions
Status: in_force

69-12-102 . Scope of chapter -- exemptions. (1) This chapter does not affect:

(a) the operation of school buses that are used in conveying pupils or other students enrolled in classes to and from district or other schools or in transportation movements related to school activities that are sponsored or supervised by school authorities;

(b) the transportation by means of motor vehicles in the regular course of business of employees by a person or corporation engaged exclusively in the construction or maintenance of highways or engaged exclusively in logging or mining operations, insofar as the use of employees in construction and production is concerned;

(c) the transportation of household goods and garbage by motor vehicle in a city, town, or village with a population of less than 500 persons according to the latest United States census or in the commercial areas of a city, town, or village with a population of less than 500 persons, as determined by the commission;

(d) the transportation of newspapers, newspaper supplements, periodicals, or magazines;

(e) motor vehicles used exclusively in carrying junk vehicles from a collection point to a motor vehicle wrecking facility or a motor vehicle graveyard;

(f) ambulances;

(g) the transportation by motor vehicle of not more than 15 passengers between their places of residence or termini near their residences and their places of employment in a single daily round trip if the driver is also going to or from the driver's place of employment;

(h) the operation of:

(i) a transportation system by a municipality or transportation district as provided in Title 7, chapter 14, part 2;

(ii) a municipal bus service pursuant to Title 7, chapter 14, part 44; or

(iii) any public transportation system recognized by the Montana department of transportation as a federal transit administration provider pursuant to 49 U.S.C. 5311;

(i) armored motor vehicles used for the transportation of valuable paintings and other items of unusual value requiring special handling and security;

(j) the transportation of household goods or garbage under an agreement between a motor carrier and an office or agency of the United States government;

(k) the transportation of persons provided by private, nonprofit organizations, including those recognized by the Montana department of transportation as federal transit administration providers pursuant to 49 U.S.C. 5310. As used in this subsection (1)(k), "private, nonprofit organizations" means organizations recognized as nonprofit under section 501(c) of the Internal Revenue Code.

(l) the transportation of a group of passengers if:

(i) the motor vehicle used for the transportation of the passengers is designed to carry more than 26 passengers; and

(ii) the motor carrier has obtained a USDOT number from the U.S. department of transportation as provided in 49 CFR 390.19; or

(m) the transportation of a group of employees to or from a worksite by a motor carrier under contract with the employer for a period of time of at least 1 year; or

(n) the transportation by motor vehicle of not more than 15 people to or from outdoor recreation sites, including but not limited to trailheads, fishing access sites, boat ramps and docks, ski slopes and trails, state parks, and national forests, or on a circular tour, with or without stops, of points of interest, except that the commission may require proof of insurance. The commission may not entertain third-party objections to the proof of insurance required under this subsection (1)(n). The commission may adopt rules to implement this subsection (1)(n).

(2) This chapter does not affect commercial tow trucks designed and exclusively used in towing wrecked, disabled, or abandoned vehicles or while these tow trucks are rendering assistance to wrecked, disabled, or abandoned vehicles.

(3) This chapter does not prevent bona fide leases, brokerage agreements, or buy-and-sell agreements.
Mont. Code Ann. § 69-12-503 — MT Code / Title 69 / Chapter 12 / Part 5 / Section 69-12-503
69-12-503 Rates to be reasonable and nondiscriminatory
Status: in_force

69-12-503 . Rates to be reasonable and nondiscriminatory. (1) All rates, fares, charges, classifications, or rules of service for the transportation of property and/or persons upon the public highways of this state must be fair, just, reasonable, and nondiscriminatory. No motor carrier operating under established rates shall make, give, or permit any undue preference or advantage to any particular person, company, corporation, locality, or description of traffic, nor shall such motor carrier subject any particular person, company, corporation, locality, or description of traffic to any prejudice or disadvantage in any respect. Nothing herein provided shall prevent the commission from authorizing different rates or schedules of rates for service between the same places or between different points of origin and/or destination within the same places when such different rates are justified by the differing character of service to be rendered by the carrier to a shipper or consignee.

(2) The commission may, upon its own initiative or upon the complaint of any interested party, investigate any rate, fare, charge, classification, or rule of service contained in the schedule of any motor carrier. If the commission shall find, after such investigation, that any such rate, fare, charge, classification, or rule of service is unfair, unjust, unreasonable, or discriminatory, it shall disallow the same and fix a rate, fare, charge, classification, or rule of service which shall be fair, just, reasonable, and nondiscriminatory and it shall order the affected motor carrier or carriers to conform to such modified schedule. Each motor carrier affected by any complaint or investigation shall first be given notice of the same and an opportunity to be heard before the commission.
Mont. Code Ann. § 69-8-801 — MT Code / Title 69 / Chapter 8 / Part 8 / Section 69-8-801
69-8-801 Definitions
Status: in_force

69-8-801 . Definitions. As used in this part, the following definitions apply:

(1) "Electric vehicle charging station" means a commercial charging station including all required equipment for the provision of power and fueling of electric vehicles.

(2) "Entity" means any party procuring power for the commercial purpose of electric vehicle charging.
Mont. Code Ann. § 69-4-502 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-502
69-4-502 Information to be sought before excavation -- notification -- exceptions
Status: in_force

69-4-502 . Information to be sought before excavation -- notification -- exceptions. (1) (a) Except as provided in subsection (2), an excavator may not make or begin an excavation without first obtaining information concerning the possible location of an underground facility from each underground facility owner having the right to bury underground facilities that is a member of a notification center pursuant to subsection (3).

(b) Information concerning the possible location of underground facilities in accordance with subsection (1)(a) is obtained when:

(i) underground facilities are located and marked in accordance with 69-4-503 ; or

(ii) underground facility owners notified by a notification center respond through the notification center that their underground facilities are located and marked, or that locating or marking is not necessary, and the excavator receives a positive response that locates and marks are either complete or unneeded.

(2) (a) A registered land surveyor or a person under the supervision of a registered land surveyor may hand dig for shallow survey monuments at a depth of 12 inches or less below the road surface of a highway or at the intersection of the center lines of public streets.

(b) The registered land surveyor, prior to hand digging, shall obtain proper approval from the appropriate governing authority regarding safety and pavement repair and, when appropriate, shall reference the monument upon exposure.

(c) The governing authority is not liable for any damages caused or suffered by the registered land surveyor or any person under the supervision of the registered land surveyor.

(d) The registered land surveyor is liable for damages incurred regarding facility destruction.

(e) An underground facility owner is not liable for any damages suffered by the registered land surveyor or any person under the control of the registered land surveyor.

(3) An underground facility owner must be a member of a notification center.

(4) (a) Beginning October 1, 2017, an underground facility owner shall pay an annual fee pursuant to 69-4-522 (2)(c) to the department.

(b) Beginning July 1, 2017, to facilitate the collection of annual fees and to assist with the proper assessment of civil penalties, a notification center that serves underground facilities located in Montana shall annually, on a date determined by the department, provide the department with:

(i) a list of all its underground facility owners who are members;

(ii) a list of the outgoing locate requests for each underground facility owner and the requests for a locate and mark from each excavator over the past 12-month period; and

(iii) a list of all incident reports received over the past 12-month period.
Mont. Code Ann. § 69-4-314 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-314
69-4-314 Determination of conversion costs
Status: in_force

69-4-314 . Determination of conversion costs. In determining the conversion costs included in the cost and feasibility report required by 69-4-313 , the public utility is entitled to amounts sufficient to repay it for the following, as computed and reflected by the uniform system of accounts approved by the Montana public service commission, federal communications commission, or federal power commission or if the public utility is not subject to regulation by any of the above governmental agencies, by the public utility's system of accounts then in use and in accordance with standard accounting procedures of the public utility:

(1) the original costs less depreciation taken of the existing overhead electric and communication facilities to be removed;

(2) the estimated costs of removing the overhead electric and communication facilities less the salvage value of the facilities removed;

(3) if the estimated cost of constructing new underground facilities exceeds the estimated cost of constructing new aerial facilities, then the cost difference between the two;

(4) the cost of obtaining new easements when technical considerations make it reasonably necessary to utilize easements for the underground facilities different from those used for above ground facilities or where the preexisting easements are insufficient for the underground facilities.
Mont. Code Ann. § 69-14-901 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-901
69-14-901 Authorization to locate and erect grain warehouse or elevator on railroad right-of-way
Status: in_force

69-14-901 . Authorization to locate and erect grain warehouse or elevator on railroad right-of-way. (1) Any person, firm, or corporation desirous of erecting and operating at or contiguous to any railway station or siding a warehouse or elevator for the purchase, sale, shipment, or storage of grain, including flaxseed, for the public for hire may make application in writing, containing a description of that portion of the right-of-way of the railroad on which the person, firm, or corporation desires to erect a warehouse or elevator, the size and capacity of the warehouse or elevator proposed to be erected, and the time for which it is desired to maintain the warehouse or elevator. The application must be made to the person, firm, or corporation owning, leasing, or operating the railroad at the station or siding, for the right, privilege, and easement of erecting and maintaining for the time stated in the application and for reasonable compensation for the warehouse or elevator upon the right-of-way pertaining to the railway at the siding or station and within and between the outside switches of the yard of the railway station or siding. Upon paying or securing in the manner prescribed in this section reasonable compensation for the right, privilege, and easement, the person, firm, or corporation is absolutely and unconditionally entitled to the right, privilege, and easement.

(2) The application must also state the amount the applicant considers reasonable compensation for the right, privilege, and easement the applicant desires to acquire, and the applicant shall tender and pay to the person, firm, or corporation from whom the easement is sought the sum stated in the application.

(3) If the person, firm, or corporation owning, leasing, or operating the railroad is not willing to allow the portion of the right-of-way selected by the applicant to be appropriated for the stated purpose and the parties cannot agree as to the quantity and location of the land upon which the grain warehouse or grain elevator is to be erected, the matter must be determined by the district court in the same manner and by the same proceeding for determining the amount of compensation to be paid when the parties cannot agree as to the amount.
Mont. Code Ann. § 69-3-304 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-304
69-3-304 Temporary approval of rate increases or decreases
Status: in_force

69-3-304 . Temporary approval of rate increases or decreases. The commission may, in its discretion, temporarily approve increases or decreases pending a hearing or final decision. If the final decision is to disapprove an increase, the commission may order a rebate to all consumers for the amount collected retroactive to the date of the temporary approval. If the final decision is to disapprove a decrease, the commission may order a surcharge to be paid by all consumers for the amount not collected retroactive to the date of the temporary approval. The commission shall order interest to be paid on a rebate or surcharge as determined by the commission. An order of the commission approving or denying a temporary rate increase or decrease shall be based upon consistent standards appropriate for the nature of the case pending and shall be an intermediate agency action subject to judicial review under the Montana Administrative Procedure Act.
Mont. Code Ann. § 69-5-107 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-107
69-5-107 Customer-owned facilities
Status: in_force

69-5-107 . Customer-owned facilities. This part may not limit a customer's right to construct, own, or operate electric service facilities for the customer's own use, and construction, ownership, or use may not cause the customer to be considered a utility. A customer may not duplicate existing electric service facilities.
Mont. Code Ann. § 69-14-906 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-906
69-14-906 Payment of court costs
Status: in_force

69-14-906 . Payment of court costs. Costs and disbursements, as in civil actions, in each court shall be paid by the unsuccessful party. If the finding of the court or jury is for a less or the same amount as tendered by the petitioner before instituting the proceedings, then the petitioner shall be deemed the successful party. If the amount found is larger than the sum tendered, then the petitioner shall be deemed the unsuccessful party.
Mont. Code Ann. § 69-13-104 — MT Code / Title 69 / Chapter 13 / Part 1 / Section 69-13-104
69-13-104 Use of power of eminent domain
Status: in_force

69-13-104 . Use of power of eminent domain. Every person, firm, corporation, limited partnership, joint-stock association, or association of any kind mentioned in this chapter that has filed with the commission its acceptance of the provisions of this chapter has the power of eminent domain. In the exercise of the power of eminent domain, the entity may enter upon and condemn the land, rights-of-way, easements, and property of any person or corporation necessary for the construction, maintenance, or authorization of the entity's common carrier pipeline. The power of eminent domain must be exercised as provided in Title 70, chapter 30.
Mont. Code Ann. § 69-3-824 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-824
69-3-824 No preemption of laws governing anticompetitive activity
Status: in_force

69-3-824 . No preemption of laws governing anticompetitive activity. Nothing in this part in any way preempts, abrogates, or otherwise affects any right, liability, or obligation arising from any federal or state law regarding unfair business practices or anticompetitive activity.
Mont. Code Ann. § 69-12-341 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-341
69-12-341 Fare charged for transportation network carrier services
Status: in_force

69-12-341 . Fare charged for transportation network carrier services. (1) (a) A Class E motor carrier may charge a fare for the services provided to passengers in accordance with this section.

(b) If a fare is charged, the motor carrier shall:

(i) disclose to passengers the fare calculation method on its website or within the software application service; and

(ii) provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the transportation network carrier driver's vehicle.

(2) Within a reasonable period of time following the completion of a trip, a Class E motor carrier shall transmit to the passenger an electronic receipt that includes:

(a) the origin and destination of the trip;

(b) the total time and distance of the trip; and

(c) an itemization of the total fare paid.
Mont. Code Ann. § 69-4-522 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-522
69-4-522 Duties of department -- rulemaking
Status: in_force

69-4-522 . Duties of department -- rulemaking. (1) The department shall:

(a) assess civil penalties pursuant to 69-4-524 and 69-4-525 ;

(b) maintain incident reports;

(c) collect fees from underground facility owners in accordance with rules adopted pursuant to 69-4-502 (4)(a) and subsection (2)(c) of this section;

(d) collect fines for failures to file incident reports in accordance with 69-4-529 ;

(e) award grants in accordance with 69-4-528 ; and

(f) conduct mediation and contested cases regarding disputed civil penalties in accordance with 69-4-526 .

(2) The department shall adopt rules to implement this part. Rules must provide for the:

(a) assessment and collection of civil penalties provided for in 69-4-524 and 69-4-525 ;

(b) reporting and collection of incident reports pursuant to 69-4-529 ;

(c) collection of annual fees of up to $0.10 per outgoing locate request issued to each individual underground facility owner by a notification center. The fee must be based on the number of outgoing locate requests that an underground facility owner received in the previous 12-month period.

(d) procedures, including but not limited to application and filing requirements for mediation and the review of disputed penalties; and

(e) procedures for grant funding authorized in 69-4-528 . The rules for grant funding must include but are not limited to:

(i) eligibility requirements for notification centers applying for grants;

(ii) criteria for awarding grants; and

(iii) reporting procedures for grant recipients.

(3) Rules must be adopted pursuant to the Montana Administrative Procedure Act.

(4) The department may take into account and rely on findings made by a notification center or other nonprofit entities to assist in making determinations necessary for the assessment of a civil penalty.
Mont. Code Ann. § 69-5-108 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-108
69-5-108 Agreements between electric facilities providers
Status: in_force

69-5-108 . Agreements between electric facilities providers. Utilities may enter into agreements that identify the geographical area to be exclusively served by each electric facilities provider that is party to the agreement, overriding the provisions of 69-5-105 and 69-5-107 . If an agreement is approved by the commission pursuant to this part, the agreement is valid and binding on all electric facilities providers and all customers, except those provided for in 69-5-106 .
Mont. Code Ann. § 69-9-102 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-102
69-9-102 Void
Status: in_force

69-9-102 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-4-311 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-311
69-4-311 Authorization to create special improvement districts
Status: in_force

69-4-311 . Authorization to create special improvement districts. (1) The governing body of a county is authorized and empowered to create special improvement districts under Title 7, chapter 12, part 21, and this part, within the unincorporated portion of the county. The governing body of a city or town is authorized and empowered to create special improvement districts under Title 7, chapter 12, parts 41 and 42, and this part, within its territorial limits. The special improvement districts must provide for the conversion of existing overhead electrical and communication facilities to underground locations and the construction, reconstruction, or relocation of any other electric or communication facilities that may be incidental to the conversion.

(2) A special improvement district must include an area having a frontage of not less than 1,000 feet upon a public street, road, highway, or utilities easement along which overhead electric or communication facilities are located.
Mont. Code Ann. § 69-14-1103 — MT Code / Title 69 / Chapter 14 / Part 11 / Section 69-14-1103
69-14-1103 Notice of intent
Status: in_force

69-14-1103 . Notice of intent. (1) The notice of intent filed in accordance with 69-14-1102 must contain:

(a) a complete and accurate description of the identities of the buyer and seller; and

(b) a thorough description of the railroad line to be transferred.

(2) A general description of the terms of the proposed transaction and any labor agreements must be attached to the notice of intent.
Mont. Code Ann. § 69-8-612 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-612
69-8-612 New classifications of service -- grandfather clause
Status: in_force

69-8-612 . New classifications of service -- grandfather clause. (1) Except as provided in subsection (2), if the commission approves new classifications of service for customer-generators in accordance with 69-8-611 , the new classifications apply only to customer-generators interconnecting net metering systems on or after the date on which the commission adopts a final order implementing the new classifications.

(2) (a) A customer-generator that interconnects a net metering system prior to commission approval of new classifications of service for customer-generators may accept service under the new classifications of service at any time.

(b) After accepting service under a new classification of service, the customer-generator may not return to its original classification of service.
Mont. Code Ann. § 69-14-911 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-911
69-14-911 Location of facility
Status: in_force

69-14-911 . Location of facility. Such elevators and warehouses shall not be constructed within 100 feet of any existing structure and shall be at safe fire distance from the station buildings and so as not essentially to conflict with the safe and convenient operation of the road.
Mont. Code Ann. § 69-2-301 — MT Code / Title 69 / Chapter 2 / Part 3 / Section 69-2-301
69-2-301 Definitions
Status: in_force

69-2-301 . Definitions. As used in this part, the following definitions apply:

(1) "Approval authority" means the commission for a regulated utility, the board of trustees for an electric cooperative, the city council or city commission for a municipal utility, or the appropriate body responsible for corporate governance of any other type of electric facilities provider.

(2) "Commission" has the same meaning as provided in 69-1-101 .

(3) "Department" means the department of natural resources and conservation, as provided in 2-15-3301 .

(4) "Electric cooperative" means a cooperative organized under Title 35, chapter 18, or a similar state law for providing electricity to the public in Montana.

(5) "Electric facilities" means any equipment used for the transmission or distribution of electricity to the public, including but not limited to generation and energy storage resources, substations, switchyards, poles, towers, transformers, conductors, and relaying, sectionalizing, and protective equipment, such as arrestors.

(6) "Electric facilities provider" means any of the following that engages in electric transmission and distribution activities as defined in this section:

(a) an operator, regulated utility, or electric cooperative;

(b) a municipally owned utility;

(c) an entity owning electric facilities in the state without regard to the jurisdiction of the commission; or

(d) a transmitting utility under the jurisdiction of the federal energy regulatory commission.

(7) "Electric transmission and distribution activities" means a condition, activity, or facility directly related to the conveyance and distribution of electrical energy to a person, facility, transmission, or distribution system in the state.

(8) "Jointly owned electric facility" means an identified set of electric facilities that is jointly owned by multiple parties and operated by a designated operator.

(9) "Operator" means the person or entity designated by the owners of a jointly owned electric facility as defined in this section as responsible for the operation and maintenance of jointly owned electric facilities.

(10) "Regulated utility" means a public electric utility regulated by the commission under Title 69, chapter 3.

(11) "Wildfire" has the same meaning as "forest or range fire" as defined in 50-63-104 and, for the purposes of this part, a fire ignited by electric facilities or activities associated with electric transmission and distribution activities, regardless of whether the fire's ignition occurs within an incorporated municipality.

(12) "Wildfire mitigation plan" means an electric facilities provider's written plan, including any related components, that identifies risks associated with wildfire and strategies to mitigate or reduce those risks.
Mont. Code Ann. § 69-1-107 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-107
69-1-107 Presiding officer of commission
Status: in_force

69-1-107 . Presiding officer of commission. A presiding officer must be selected by the commission from its membership at the first meeting of each year after a general election.
Mont. Code Ann. § 69-4-524 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-524
69-4-524 Underground facilities damage -- excavator civil penalties
Status: in_force

69-4-524 . Underground facilities damage -- excavator civil penalties. (1) Except as provided in 69-4-529 (3), within 14 days of receiving an incident report in accordance with 69-4-529 , the department shall issue a civil penalty in accordance with this section.

(2) Except as provided in subsection (4), if an excavator damages an underground facility that is not a jurisdictional pipeline, the civil penalty is the greater of $50 or twice the amount of the last civil penalty issued to the excavator, not to exceed $10,000.

(3) Except as provided in subsection (4), if an excavator damages an underground facility that is a jurisdictional pipeline, the civil penalty is the greater of $100 or three times the last civil penalty issued to the excavator, not to exceed $25,000.

(4) If the excavator is also the property owner, the penalties are half the amount established in subsections (2) and (3).

(5) (a) For the purposes of this section and subject to subsections (5)(b) and (5)(c), the last civil penalty is the dollar amount of the civil penalty that would have been issued to the excavator under this part based on incidents occurring in the lesser of:

(i) the last 100 requests for a locate made by the excavator; or

(ii) a rolling 12-month period based on the incident date.

(b) If an incident is subject to subsection (2), the civil penalty must be calculated as if all previous incidents were subject to subsection (2).

(c) If an incident is subject to subsection (3), the civil penalty must be calculated as if all previous incidents were subject to subsection (3).
Mont. Code Ann. § 69-12-340 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-340
69-12-340 Class E motor carrier certificate of compliance
Status: in_force

69-12-340 . Class E motor carrier certificate of compliance. (1) A Class E motor carrier may not transport persons on a public highway in this state without obtaining, pursuant to this chapter, a certificate of compliance.

(2) A Class E motor carrier shall apply for a certificate of compliance in writing. The application must be verified by the applicant and specify the following:

(a) the name and address of the applicant and its officers, if any;

(b) the locality and character of operations to be conducted;

(c) a detailed statement showing the assets and liabilities of the applicant;

(d) a detailed statement that the applicant complies or, once certificated, will comply with the requirements of 69-12-323 (5);

(e) other information required by the commission.

(3) A transportation network carrier may apply for a Class E certificate of compliance on behalf of the transportation network carrier drivers who register with the transportation network carrier to use its software or digital network to offer transportation network carrier services.

(4) The application must be accompanied by a filing fee to be set by rule of the commission.

(5) Notwithstanding subsection (3), a transportation network carrier does not own, control, operate, or manage the vehicles used by transportation network carrier drivers and is not a taxicab association or a for-hire vehicle owner.
Mont. Code Ann. § 69-3-1003 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1003
69-3-1003 Reimbursement for discounts
Status: in_force

69-3-1003 . Reimbursement for discounts. (1) The public service commission shall authorize an additional monthly charge for each residential access line to fully reimburse providers of local telecommunications services for discounts given eligible subscribers.

(2) The additional monthly charge for local exchange service applies to residential subscribers of providers of local telecommunications services that participate in the low-income telephone assistance program.

(3) Participation of each provider in the low-income telephone assistance program must be administered separately by the public service commission.
Mont. Code Ann. § 69-4-512 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-512
69-4-512 Judicial review
Status: in_force

69-4-512 . Judicial review. (1) An excavator subject to repair costs may have repair costs reviewed by a court of competent jurisdiction.

(2) An excavator or underground facility owner subject to a civil penalty in accordance with 69-4-524 or 69-4-525 may have the civil penalty reviewed by a court of competent jurisdiction as provided in 2-4-702 .
Mont. Code Ann. § 69-4-1104 — MT Code / Title 69 / Chapter 4 / Part 11 / Section 69-4-1104
69-4-1104 Action for recovery of reasonable value -- penalty
Status: in_force

69-4-1104 . Action for recovery of reasonable value -- penalty. A utility may institute a civil action against a person described in 69-4-1103 to recover the reasonable value of the services actually provided to the person. Upon a finding that such person is liable to the utility, the court may enter judgment against the person for up to three times the reasonable value of the utility's services actually provided and may award to the prevailing party its costs, including reasonable attorney fees, incurred in the action and the costs, including expert witness fees, of presenting such expert testimony as is reasonably necessary.
Mont. Code Ann. § 69-3-801 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-801
69-3-801 Short title
Status: in_force

69-3-801 . Short title. This part may be cited as the "Montana Telecommunications Act".
Mont. Code Ann. § 69-14-907 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-907
69-14-907 Elevators and warehouses considered public
Status: in_force

69-14-907 . Elevators and warehouses considered public. All elevators and warehouses erected and maintained under the provisions of 69-14-901 through 69-14-911 shall be deemed public elevators and public warehouses and shall be subject to legislative control.
Mont. Code Ann. § 69-2-103 — MT Code / Title 69 / Chapter 2 / Part 1 / Section 69-2-103
69-2-103 Hearings examiner
Status: in_force

69-2-103 . Hearings examiner. (1) (a) Except as provided in subsections (1)(b) and (1)(c), if requested by the applicant, the commission shall appoint a hearings examiner for proceedings under this title.

(b) If four public service commissioners determine that a hearings examiner is not required for a proceeding, the commission is not required to appoint a hearings examiner.

(c) If three public service commissioners determine that a hearings examiner is necessary for a proceeding, the commission shall appoint a hearings examiner.

(d) The determinations in this subsection (1) must be made by a vote of the commission during a public meeting.

(e) If a hearings examiner is appointed at the request of an applicant in accordance with subsection (1)(a), the commission may assess the costs to the applicant.

(f) If the public service commission determines a hearings examiner is required in accordance with subsection (1)(c), the commission shall cover the costs and may not pass those costs on to an applicant.

(g) The commission may disqualify the hearings examiner and appoint another hearings examiner. The affidavit must state the facts and the reasons for the belief that the hearings examiner should be disqualified.

(2) The hearings examiner may not communicate with any party or a party's representative in connection with any issue of fact or law in the case unless there is notice and opportunity for all parties to participate. The commission may not communicate with any party before the conclusion of the hearing.

(3) The commission may adopt rules necessary to implement the utilization of a hearings examiner in accordance with this section.
Mont. Code Ann. § 69-14-721 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-721
69-14-721 Control of fire hazard along right-of-way
Status: in_force

69-14-721 . Control of fire hazard along right-of-way. A railroad corporation or railroad company operating a railroad within this state shall keep its railroad track and either side of the track for a reasonable distance within its right-of-way, free from dead grass, weeds, or any dangerous or combustible material. A railroad corporation or company failing to keep its railroad track and each side of the track free of combustible material as specified in this section is liable for any damages on account of fire emanating from trains, track maintenance, or other railroad operations. A railroad corporation or company may not be required to keep free of combustible material, as specified in this section, land that is not a part of its right-of-way.
Mont. Code Ann. § 69-3-223 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-223
69-3-223 Utility -- liability
Status: in_force

69-3-223 . Utility -- liability. A utility is liable for direct damages resulting from a discontinuance of utility service caused by breach of a continuous service agreement.
Mont. Code Ann. § 69-3-1611 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1611
69-3-1611 Effect on commission jurisdiction
Status: in_force

69-3-1611 . Effect on commission jurisdiction. (1) Except as provided in subsection (2), if the commission issues a financing order to an electric utility, the commission may not, in exercising its powers and carrying out its duties pursuant to Title 69:

(a) consider the Montana energy impact assistance bonds issued pursuant to the financing order to be debt of the electric utility other than for income tax purposes unless it is necessary to consider the Montana energy impact assistance bonds to be debt to achieve consistency with prevailing utility debt rating methodologies;

(b) consider the Montana energy impact assistance charges paid under the financing order to be revenue of the electric utility;

(c) except as otherwise provided for in this part or for the purposes of establishing the electric utility's base rates, consider the Montana energy impact assistance costs or financing costs specified in the financing order to be the regulated costs or assets of the electric utility; or

(d) determine any prudent action taken by an electric utility that is consistent with the financing order to be unjust or unreasonable.

(2) Nothing in subsection (1):

(a) affects the authority of the commission to apply or modify any billing mechanism designed to recover Montana energy impact assistance charges;

(b) prevents or precludes the commission from investigating the compliance of an electric utility with the terms and conditions of a financing order and requiring compliance with the financing order; or

(c) prevents or precludes the commission from imposing regulatory sanctions against an electric utility for failure to comply with the terms and conditions of a financing order or the requirements of this part.

(3) The commission may not refuse to allow the recovery of any costs associated with the retirement or replacement of electric infrastructure or facilities by an electric utility solely because the electric utility has elected to finance those activities through a financing mechanism other than Montana energy impact assistance bonds.

(4) The commission shall authorize mitigating remedies to offset an electric utility's book losses, as determined necessary by the commission.
Mont. Code Ann. § 69-3-1315 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1315
69-3-1315 Submission of list of entities served by billing aggregator required
Status: in_force

69-3-1315 . Submission of list of entities served by billing aggregator required. Each billing aggregator doing business in Montana shall submit to the commission a list of service providers and other entities for which the billing aggregator provides billing services. The commission shall adopt rules that specify information that must be included with the list in order to enforce the provisions of this part. The list must include the name and address of a contact person for each entity.
Mont. Code Ann. § 69-12-505 — MT Code / Title 69 / Chapter 12 / Part 5 / Section 69-12-505
69-12-505 Suspension of proposed rate revision -- hearing
Status: in_force

69-12-505 . Suspension of proposed rate revision -- hearing. (1) Upon its own initiative or upon the complaint of any interested party filed with the commission within 20 days after the date upon which a change or revision of any rate, fare, charge, or classification is filed with the commission, the commission may suspend the operation of such rate, fare, charge, or classification for a period not to exceed 180 days. The order directing such suspension must be issued by the commission not less than 2 business days prior to the proposed effective date. The motor carrier or carriers filing such rate, fare, charge, or classification shall be given prompt notice by the complaining party, mailing a copy of the complaint concerning such proposed change or revision to the carrier or publishing agent, and such carrier or carriers also shall be given an opportunity to reply to any such complaint. If the proposed change or revision is in a tariff issued by a tariff publishing bureau for a motor carrier or carriers, notice to such bureau of any complaint will constitute notice to the participating carriers in such tariff.

(2) (a) If all the protests are withdrawn and the commission finds the proposed increase justified, the commission may vacate the suspension and permit the proposed rates to become effective without a public hearing.

(b) Unless the suspension has been vacated, whenever the suspension of any proposed change or revision in a tariff is ordered by the commission, it shall also order a public hearing to consider the reasonableness of the proposed change or revision. Due notice shall be given for such hearing to all known interested or affected persons, and the same shall be allowed to appear and present evidence. Additional prepared testimony may be presented before or during the hearing and may also be submitted after the hearing with the permission of the commission.

(3) After considering the evidence presented at such hearing, the commission shall issue an order approving, denying, or modifying the proposed change or revision. Unless such hearing is held and such order is issued within 180 days from the date upon which the suspension was ordered, the proposed change or revision shall be deemed approved and effective as filed.
Mont. Code Ann. § 69-14-1102 — MT Code / Title 69 / Chapter 14 / Part 11 / Section 69-14-1102
69-14-1102 Conditions for transfer of line of railroad
Status: in_force

69-14-1102 . Conditions for transfer of line of railroad. Thirty days prior to filing with the federal surface transportation board of an application to purchase, sell, or transfer any section of a line of railroad, the seller and buyer shall:

(1) file a notice of intent and other information, as described in 69-14-1103 , with the attorney general and the commission; and

(2) require representatives to attend meetings, upon reasonable notice, with the attorney general and the commission to respond to questions and requests for information on the proposed transaction directly related to the requirements of 69-14-1103 .
Mont. Code Ann. § 69-4-106 — MT Code / Title 69 / Chapter 4 / Part 1 / Section 69-4-106
69-4-106 Definitions
Status: in_force

69-4-106 . Definitions. As used in 69-4-106 through 69-4-108 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Advanced transmission technology" means a technology that increases the capacity, efficiency, and reliability of an existing or new transmission facility. For the purposes of 69-4-106 through 69-4-108 , the term applies to the following technology:

(a) underground cables;

(b) advanced conductor technology, such as advanced composite conductors, high temperature low-sag conductors, and fiber optic temperature sensing conductors;

(c) high-capacity ceramic electric wire, connectors, and insulators;

(d) high-voltage direct-current technology;

(e) flexible alternate-current transmission systems;

(f) enhanced power device monitoring;

(g) power electronics and related software, including real-time monitoring and analytical software; and

(h) any other technologies the commission considers appropriate.

(2) "Certificate of public convenience and necessity" means a written authorization to operate issued by the commission for constructing an electric transmission facility.

(3) "Department" means the department of environmental quality provided for in 2-15-3501 .

(4) "Transmission facility" means those facilities that are controlled or operated by a utility and used to provide transmission services as determined by the federal energy regulatory commission and the public service commission. The term includes advanced transmission technology.
Mont. Code Ann. § 69-3-330 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-330
69-3-330 Decision by commission
Status: in_force

69-3-330 . Decision by commission. (1) If, upon a hearing and due investigation, the rates, tolls, charges, schedules, or joint rates are found to be unjust, unreasonable, or unjustly discriminatory or to be preferential or otherwise in violation of the provisions of this chapter, the commission may fix and order substituted the rates, tolls, charges, or schedules as are just and reasonable.

(2) If the commission determines that a rate, toll, or charge has been collected in violation of 69-3-305 (1)(b), the commission may order refunds or credits as specified in 69-3-305 (3).

(3) If the commission finds that any regulation, measurement, practice, act, or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise in violation of the provisions of this chapter or that the service is inadequate or any reasonable service cannot be obtained, the commission may substitute other regulations, measurements, practices, services, or acts and make an order relating to it as is just and reasonable.

(4) In any decision ordering a change in the rates that may be charged for electricity or natural gas, the commission shall list each expenditure submitted by the utility for allowance as an operating cost that is disallowed by the commission as an element of operating costs. The list of disallowed expenditures must appear in the written decision of the commission and must itemize each expenditure by amount, category, and purpose.

(5) A party in interest who is aggrieved by a commission-contested case decision may petition for judicial review pursuant to the Montana Administrative Procedure Act in accordance with Title 2, chapter 4, part 7.
Mont. Code Ann. § 69-6-104 — MT Code / Title 69 / Chapter 6 / Part 1 / Section 69-6-104
69-6-104 Control of telephone communications to and from a person holding hostages -- nonliability of telephone company officials
Status: in_force

69-6-104 . Control of telephone communications to and from a person holding hostages -- nonliability of telephone company officials. A supervisory law enforcement official who has jurisdiction in a geographical area where hostages are being held and who has probable cause to believe that the holder of the hostages is committing a crime may order a previously designated telephone security employee or other telephone company official to arrange to cut, reroute, or divert telephone lines in order to prevent the holder of the hostages from communicating with any person other than a law enforcement officer or an individual authorized by a law enforcement officer. The serving telephone company within the geographical area of a law enforcement agency shall designate a telephone company security employee or other telephone company official and an alternate to provide all required assistance to law enforcement officials to carry out the purposes of this section. A telephone security employee or other telephone company official acting in good faith under an order given pursuant to this section does not commit the offense of violating privacy in communications and is not liable in any civil action brought as a result of such good faith actions.
Mont. Code Ann. § 69-12-403 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-403
69-12-403 Discontinuance of service
Status: in_force

69-12-403 . Discontinuance of service. A Class A motor carrier may not abandon or discontinue any service established under this chapter without an order of the commission.
Mont. Code Ann. § 69-12-504 — MT Code / Title 69 / Chapter 12 / Part 5 / Section 69-12-504
69-12-504 Procedure to revise rate schedule
Status: in_force

69-12-504 . Procedure to revise rate schedule. (1) No motor carrier shall change or revise any rate, fare, charge, classification, or rule of service contained in its schedule without first obtaining approval therefor from the commission. Such changes or revisions shall be made by filing with the commission the tariff sheet or sheets containing such changes or revisions, plainly stating the changes or revisions to be made, and by submitting at the same time testimony and exhibits supporting the requested change or revision and prepared by the motor carrier. Additional testimony or exhibits may be submitted before or during the hearing provided for in 69-12-505 and may be submitted after the hearing with the approval of the commission. The public shall be provided with such notice of the proposed changes or revisions as the commission shall, by rule, require.

(2) The tariff sheets containing changes or revisions shall be filed with the commission at least 45 days before the proposed effective date. The change or revision shall be effective on the stated effective date unless disallowed or suspended by the commission prior to this date. However, the commission may, for good cause, allow any change or revision to become effective on less than 45 days' notice.
Mont. Code Ann. § 69-9-113 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-113
69-9-113 Void
Status: in_force

69-9-113 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-3-1619 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1619
69-3-1619 Assignee or financing party not subject to commission regulation
Status: in_force

69-3-1619 . Assignee or financing party not subject to commission regulation. An assignee or financing party that is not already regulated by the commission does not become subject to commission regulation solely as a result of engaging in any transaction authorized by or described in this part.
Mont. Code Ann. § 69-4-108 — MT Code / Title 69 / Chapter 4 / Part 1 / Section 69-4-108
69-4-108 Advanced cost approval of transmission and related facilities
Status: in_force

69-4-108 . Advanced cost approval of transmission and related facilities. (1) A public utility may apply to the commission for advanced cost approval of transmission lines and related facilities not yet procured, provided the utility complies with 69-4-107 .

(2) Within 45 days of a utility's application for advanced cost approval, the commission shall determine if the application is adequate and in compliance with the commission's minimum filing requirements. If the commission determines the application is inadequate, it shall explain the deficiencies.

(3) The commission shall issue an order within 90 days after receiving an application for transmission lines and related facilities, unless the commission determines that extraordinary circumstances warrant additional time.

(4) Subject to 69-4-107 (2) and after the department issues the certificate of compliance pursuant to Title 75, chapter 20, as applicable, the commission may:

(a) (i) approve or deny, in whole or in part, an application for advanced cost approval of a transmission line and facility to give the public utility a presumption in any future rate proceeding that the actual construction costs for that line are prudent if the actual construction costs are less than or equal to the approved costs; or

(ii) to the extent actual costs are greater than approved costs, there is no presumption the actual construction costs for that line are prudent, and the commission shall determine if the costs are prudent and recoverable; and

(b) consider all relevant information until the administrative record in the proceeding is closed for the commission's evaluation of an application.
Mont. Code Ann. § 69-4-508 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-508
69-4-508 Emergency location and excavation
Status: in_force

69-4-508 . Emergency location and excavation. (1) When an emergency excavation is required, the excavator shall notify the notification center. An underground facility owner shall respond as soon as is practical after notification.

(2) Making an emergency locate request or an emergency excavation that is not an emergency locate request or an emergency excavation as those terms are defined constitutes a false alarm pursuant to 45-7-204 and is subject to the penalties under 45-7-204 .
Mont. Code Ann. § 69-12-321 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-321
69-12-321 Hearing on application for motor carrier certificate
Status: in_force

69-12-321 . Hearing on application for motor carrier certificate. (1) (a) Upon the filing of an application for a certificate by a Class A, Class D, or Class E motor carrier or upon the filing of a request for a transfer of authority, the commission shall provide notice of the application to any interested party.

(b) If a protest or a request for hearing is received, the commission shall fix a time and place for a hearing on the application. The hearing must be set for not later than 90 days after receipt of a protest or a hearing request. If a protest or a request for hearing is not received, the commission may act on the application without a hearing as prescribed by commission rules.

(c) A protest related to an application by a motor carrier pursuant to 69-12-311 (1)(a) or by a Class E motor carrier is limited to a protest of the motor carrier's ability to meet the requirements of 69-12-323 (5).

(2) A motor carrier referred to in 69-12-322 , the department of transportation, the governing board or boards of any county, town, or city into or through which the route or service as proposed may extend, and any person or corporation concerned are interested parties to the proceedings and may offer testimony for or against the granting of the certificate.

(3) An application by a motor carrier pursuant to 69-12-311 (1)(b) or by a Class D motor carrier for a certificate of public convenience and necessity may be denied without a public hearing when the records of the commission demonstrate that the route or territory sought to be served by the applicant has previously been made the basis of a public investigation and finding by the commission that public convenience and necessity do not require the proposed motor carrier service. A hearing must be held if the applicant presents facts demonstrating that conditions over the route or in the territory and affecting transportation facilities have materially changed since the previous public investigation and finding and that public convenience and necessity now require the motor carrier operation.
Mont. Code Ann. § 69-13-105 — MT Code / Title 69 / Chapter 13 / Part 1 / Section 69-13-105
69-13-105 Violations
Status: in_force

69-13-105 . Violations. (1) Any common carrier as herein defined who shall violate any provisions of this chapter or who shall fail to perform any duty herein imposed or any valid order of the commission, when not stayed or suspended by order of court, shall be subject to a penalty of not less than $100 or more than $1,000 for each offense. Such penalty shall be recoverable at suit of the attorney general of Montana in the name of the state and for its use.

(2) For the willful violation of any of the provisions herein forbidding discrimination on the part of common carriers, it is hereby provided that the owners, officers, agents, or employees of such carriers who may be guilty thereof shall be deemed guilty of a misdemeanor. Each violation of any of such provisions shall be deemed a separate and distinct offense, and upon conviction thereof the party violating same shall be fined in a sum of not less than $50 or more than $1,000 and may be further punished by confinement in the county jail for not less than 10 days or more than 6 months.

(3) Actual damages may also be recovered by and for the use of any person, corporation, or association of persons against whom there shall have been an unlawful discrimination as herein defined. Such suit shall be brought in the name of and for the use of party aggrieved and may be maintained in any court of proper jurisdiction, having due regard to the ordinary statutes of venue.
Mont. Code Ann. § 69-1-221 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-221
69-1-221 Staff of consumer counsel
Status: in_force

69-1-221 . Staff of consumer counsel. The consumer counsel may, with the approval of the committee, appoint employees and consultants necessary to carry out the provisions of this part and part 2 of chapter 2, within the limits of legislative appropriation.
Mont. Code Ann. § 69-3-1618 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1618
69-3-1618 Montana energy impact assistance bonds -- legal investments -- not public debt -- pledge of the state
Status: in_force

69-3-1618 . Montana energy impact assistance bonds -- legal investments -- not public debt -- pledge of the state. (1) Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in Montana energy impact assistance bonds.

(2) Montana energy impact assistance bonds issued as authorized by a financing order are not debt of or a pledge of the faith and credit or taxing power of the state, any agency of the state, or any county, municipality, or other political subdivision of the state. Holders of Montana energy impact assistance bonds may not have taxes levied by the state or by any county, municipality, or other political subdivision of the state for the payment of the principal or interest on Montana energy impact assistance bonds. The issuance of Montana energy impact assistance bonds does not directly, indirectly, or contingently obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of principal or interest on the Montana energy impact assistance bonds.

(3) The Montana energy impact assistance bonds issued under this part are exempt from the provisions of Title 30, chapter 10, but copies of all prospectus and disclosure documents must be deposited for public inspection with the state securities commissioner.
Mont. Code Ann. § 69-4-201 — MT Code / Title 69 / Chapter 4 / Part 2 / Section 69-4-201
69-4-201 Application of national electrical safety code
Status: in_force

69-4-201 . Application of national electrical safety code. (1) The national electrical safety code standards govern all construction involving wires for power, heat, light, telephone, telegraph, or signal transmission or reception. Except as provided in 69-4-203 , electrical construction of overhead and underground electrical supply and communication lines in the state must be in conformity with the rules set forth in the national electrical safety code approved by the American national standards institute as published by the institute of electrical and electronic engineers. The national electrical safety code provides construction standards and must be enforced by the commission. Proof of compliance with the requirements of an applicable national electrical safety code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.

(2) The commission shall adopt rules to implement and enforce this part. The commission shall adopt by rule standards for electrical safety. The standards must be based on standards published in the most recent edition of the national electrical safety code.
Mont. Code Ann. § 69-13-201 — MT Code / Title 69 / Chapter 13 / Part 2 / Section 69-13-201
69-13-201 Establishment of rates and operating rules
Status: in_force

69-13-201 . Establishment of rates and operating rules. (1) The commission may establish and enforce rates of charges and regulations for gathering, transporting, loading, and delivering crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide by common carrier in this state and for the use of storage facilities necessarily incident to the transportation and may prescribe and enforce rules for the government and control of common carriers in respect to their pipelines and receiving, transferring, and loading facilities. The commission shall exercise the power upon petition by any person showing a substantial interest in the subject.

(2) An order establishing or prescribing rates and rules may not be made except after hearing and at least 10 days' and not more than 30 days' notice to the person, firm, corporation, partnership, joint-stock association, or association owning or controlling and operating the pipeline or pipelines affected.

(3) If a rate is filed by any pipeline and a complaint against the rate or a petition to reduce the rate is filed by any shipper and is sustained, in whole or in part, all shippers who have paid the rates filed by the pipeline have the right to reparation or reimbursement of all excess in transportation charges paid, over and above the proper rate as finally determined, on all shipments made after the date of the filing of the complaint.
Mont. Code Ann. § 69-5-104 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-104
69-5-104 Supply service prohibited -- continuation of electric service facilities to existing consumers
Status: in_force

69-5-104 . Supply service prohibited -- continuation of electric service facilities to existing consumers. (1) Except as provided in subsection (2), a utility may not provide electricity supply service to premises in another utility's service territory. An electricity supplier may provide electricity supply service in the service territory of a public utility as provided in 69-8-411 .

(2) Each electric facilities provider has the right to provide electric service facilities to all premises being served by it or to which any of its facilities are attached on May 2, 1997.
Mont. Code Ann. § 69-3-1416 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1416
69-3-1416 Use of natural gas production and gathering resources
Status: in_force

69-3-1416 . Use of natural gas production and gathering resources. (1) Natural gas production and gathering resources acquired by a natural gas utility pursuant to this part:

(a) must be used by the natural gas utility to serve and benefit customers that have not made a choice of natural gas suppliers within the natural gas utility's Montana service territory; and

(b) may not be removed from the rate base unless the commission finds that customers of the natural gas utility will not be adversely affected.

(2) Natural gas production and gathering assets cost of service may not be allocated to a customer being served by an alternative natural gas supplier.
Mont. Code Ann. § 69-1-211 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-211
69-1-211 Meetings of committee
Status: in_force

69-1-211 . Meetings of committee. The committee shall meet at least once each quarter to advise and consult with the consumer counsel.
Mont. Code Ann. § 69-3-1004 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1004
69-3-1004 Administration -- rules
Status: in_force

69-3-1004 . Administration -- rules. (1) The public service commission shall monitor the effectiveness of the low-income telephone assistance program and issue annual reports as provided in 69-3-1005 .

(2) The commission may adopt rules necessary to administer and implement the low-income telephone assistance program and to receive matching federal low-income telephone assistance.
Mont. Code Ann. § 69-4-302 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-302
69-4-302 Statement of findings and purpose
Status: in_force

69-4-302 . Statement of findings and purpose. (1) The legislature finds that in many areas of the state, landowners, cities, towns, counties, rural electric cooperatives, and public utilities desire to convert existing overhead electric and communication facilities to underground locations by means of special improvement district proceedings.

(2) The legislature hereby declares that a public purpose will be served by providing a procedure to accomplish such conversion and that it is in the public interest to provide for such conversion by proceedings taken pursuant to this part, whether such areas be within the limits of a city or town or within a county.
Mont. Code Ann. § 69-14-1203 — MT Code / Title 69 / Chapter 14 / Part 12 / Section 69-14-1203
69-14-1203 Definitions
Status: in_force

69-14-1203 . Definitions. As used in this part, the following definitions apply:

(1) "Bodily injury" means:

(a) a cut, abrasion, bruise, burn, or disfigurement;

(b) physical pain;

(c) illness;

(d) impairment of the function of or loss of a bodily member, organ, or mental faculty; or

(e) any other injury to the body, no matter how temporary.

(2) "Enter railroad property" includes but is not limited to performing vandalism or other unlawful activity on railroad property.

(3) (a) "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways.

(b) Railroad does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(4) "Railroad carrier" means an entity that provides rail transportation.

(5) (a) "Railroad property" means all tangible real and personal property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device.

(b) Railroad property does not include a railroad carrier's administrative buildings or offices, office equipment, or intangible property such as computer software or other information.

(6) "Right-of-way" means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as railroad property by fencing or appropriate signs.

(7) "Serious bodily injury" means bodily injury that involves:

(a) a substantial risk of death;

(b) extreme physical pain;

(c) protracted and obvious disfigurement; or

(d) protracted impairment of the function of or loss of a bodily member, organ, or mental faculty.

(8) "Vandalism to railroad property" means committing an act that may cause damage to railroad property or bodily injury to another person. This includes but is not limited to:

(a) taking, removing, defacing, altering, marking with graffiti, or otherwise marking a railroad sign, placard, or marker;

(b) throwing a rock, baseball, or other dangerous object at a locomotive, railroad car, or train;

(c) dropping a brick or other dangerous object from a bridge or other overpass onto a railroad right-of-way;

(d) shooting a firearm or other dangerous weapon at a locomotive, railroad car, or train;

(e) removing appurtenances from, damaging, or otherwise impairing the operation of any railroad signal system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal on a railroad owned, leased, or operated by a railroad carrier, without consent of the railroad carrier;

(f) interfering or tampering with or obstructing in any way any switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle, culvert, embankment, structure, or appliance pertaining to or connected with any railroad carrier, without consent of the railroad carrier; or

(g) taking, stealing, removing, changing, adding to, altering, or in any manner interfering with any journal bearing, brass, waste, packing, triple valve, pressure cock, brake, air hose, or any other part of the operating mechanism of any locomotive, engine, tender, coach, car, caboose, or motor car used or capable of being used by any railroad carrier, without the consent of the railroad carrier.

(9) "Yard" means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs.
Mont. Code Ann. § 69-3-322 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-322
69-3-322 Treatment of multiple complaints
Status: in_force

69-3-322 . Treatment of multiple complaints. When complaint is made of more than one rate, charge, or practice, the commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.
Mont. Code Ann. § 69-8-603 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-603
69-8-603 Net energy measurement calculation
Status: in_force

69-8-603 . (Temporary) Net energy measurement calculation. Consistent with the other provisions of this part, the net energy measurement must be calculated in the following manner:

(1) The utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

(2) If the electricity supplied by the electricity supplier exceeds the electricity generated by the customer-generator and fed back to the electricity supplier during the billing period, the customer-generator must be billed for the net electricity supplied by the electricity supplier, in accordance with normal metering practices.

(3) If electricity generated by the customer-generator exceeds the electricity supplied by the electricity supplier, the customer-generator must be:

(a) billed for the appropriate customer charges for that billing period, in accordance with 69-8-602 ; and

(b) credited for the excess kilowatt hours generated during the billing period, with this kilowatt-hour credit appearing on the bill for the following billing period.

(4) On January 1, April 1, July 1, or October 1 of each year, as designated by the customer-generator as the beginning date of a 12-month billing period, any remaining unused kilowatt-hour credit accumulated during the previous 12 months must be granted to the electricity supplier, without any compensation to the customer-generator.
Mont. Code Ann. § 69-8-611 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-611
69-8-611 Classification of service -- net metering customers
Status: in_force

69-8-611 . Classification of service -- net metering customers. (1) After a study is completed in accordance with 69-8-610 and subject to subsections (2) and (4) of this section, if the commission finds that customer-generators should be served under a separate classification of service as part of a public utility's general rate case, it shall establish appropriate classifications and rates based on the commission's findings relative to:

(a) the utility system benefits of the net metering resource; and

(b) the cost to provide service to customer-generators.

(2) The commission may, based on differences between net metering systems, establish subclassifications and rates as part of a public utility's general rate case.

(3) The commission may approve separate rates for customer-generators' production and consumption and require separate metering subject to 69-8-602 if it finds it is in the public interest and as part of a public utility's general rate case.

(4) If a public utility files a general rate case in accordance with Title 69, chapter 3, the general rate case must include the study required in accordance with 69-8-610 and be used by the commission to meet the requirements of the review of classifications of service required in this section.
Mont. Code Ann. § 69-2-212 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-212
69-2-212 Notice to advise public of availability of consumer counsel
Status: in_force

69-2-212 . Notice to advise public of availability of consumer counsel. All forms of notice of public hearings conducted by the commission under this title, including all notices posted in public places or published in the legal advertising sections of newspapers, shall advise members of the consuming public of the existence of the office of the consumer counsel and its availability to function on behalf of members of the consuming public.
Mont. Code Ann. § 69-4-507 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-507
69-4-507 Public authority -- liability
Status: in_force

69-4-507 . Public authority -- liability. A public authority, as defined in 18-1-201 , that has jurisdiction over a right-of-way is not liable for improper or unauthorized installations made by persons or entities other than the public authority or those acting at its discretion.
Mont. Code Ann. § 69-14-707 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-707
69-14-707 Liability for negligent destruction of domestic animals
Status: in_force

69-14-707 . Liability for negligent destruction of domestic animals. Every railroad corporation or company operating any railroad or branch thereof within the limits of this state which shall negligently injure or kill any horse, mare, gelding, filly, jack, jenny, mule, cow, heifer, bull, ox, steer, calf, or other domestic animal by running any engine or car over or against any such animal shall be liable to the owner of such animal for the damages sustained by such owner by reason thereof. The killing or injury shall be prima facie evidence of negligence on the part of such corporation or company.
Mont. Code Ann. § 69-8-701 — MT Code / Title 69 / Chapter 8 / Part 7 / Section 69-8-701
69-8-701 Void
Status: in_force

69-8-701 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-14-924 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-924
69-14-924 Liability of railroad for repairs
Status: in_force

69-14-924 . Liability of railroad for repairs. A person making the repairs upon or cleaning or coopering the cars of any railroad or railway company as provided in this part may recover the amounts expended in an action at law upon the refusal of the railroad or railway company to reimburse the person.
Mont. Code Ann. § 69-5-113 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-113
69-5-113 Service to new subdivisions
Status: in_force

69-5-113 . Service to new subdivisions. (1) Except as provided in 69-5-108 , if two or more electric facilities providers have lines in general proximity to a new subdivision, electric service to the new subdivision must be apportioned by drawing a series of vectors through the subdivision equidistant from the lines of each electric facilities provider with that part of the subdivision closest to an electric facilities provider's line receiving service from that electric facilities provider.

(2) Nothing in this section prohibits electric facilities providers from agreeing among themselves on how to provide service to a new subdivision.
Mont. Code Ann. § 69-3-603 — MT Code / Title 69 / Chapter 3 / Part 6 / Section 69-3-603
69-3-603 Required sale of electricity under rates and conditions prescribed by commission
Status: repealed

69-3-603 . (Temporary) Required sale of electricity under rates and conditions prescribed by commission. (1) Except as provided in subsection (3), if a qualifying small power production facility and a utility are unable to mutually agree to a contract for the sale of electricity or a price for the electricity to be purchased by the utility, the commission shall require the utility to purchase the electricity under rates and conditions established under the provisions of subsection (2).

(2) (a) The commission shall determine the rates and conditions of the contract upon petition of a qualifying small power production facility or a utility or during a rate proceeding involving the review of rates paid by a utility for electricity purchased from a qualifying small power production facility. The commission shall render a decision within 180 days of receipt of the petition or, in accordance with subsection (2)(b), before the completion of the rate proceeding. The rates and conditions of the determination must be made according to the standards prescribed in 69-3-604 .

(b) When a utility files a request to establish or revise rate schedules for qualifying small power production facilities pursuant to rules adopted by the commission, the commission shall issue an order within 270 days of receipt of the request.

(3) (a) If a qualifying small power production facility is eligible to sell electricity to a utility pursuant to a rate schedule approved by the commission, neither the qualifying small power production facility nor the utility may petition the commission in accordance with subsection (2)(a) to authorize a rate or term different from that in the rate schedule.

(b) A qualifying small power production facility may file a complaint pursuant to 69-3-321 if the facility feels the rate schedule approved by the commission is unreasonable. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 69-12-408 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-408
69-12-408 Identification of ownership of certain large motor vehicles
Status: in_force

69-12-408 . Identification of ownership of certain large motor vehicles. (1) A person may not operate a motor vehicle or combination of vehicles having a gross weight of more than 10,000 pounds upon a public highway in this state for the transportation of passengers, household goods, or garbage for hire on a commercial basis unless the name or trade name, city, and state or the name or trade name and the public service commission or department of transportation number is displayed on both sides of each vehicle operated under its own power, either alone or in combination. If a number is displayed, it must be the number of the person or corporation under whose jurisdiction the vehicle or vehicles are being operated.

(2) The display must be in letters in sharp contrast to the background and in a size, shape, and color readily legible in daylight from a distance of 50 feet while the vehicle is not in motion. The display must be maintained so that it remains legible. The display may be accomplished either by painting the information on the vehicle or through the use of a decal or a removable device prepared so that it meets the identification and legibility requirements of this section.

(3) This section does not apply to:

(a) farm vehicles; or

(b) motor vehicles being:

(i) transported to dealers from point of manufacture;

(ii) transported from one dealer to another;

(iii) demonstrated to a prospective buyer; or

(iv) delivered to a buyer from a dealer or a manufacturer.
Mont. Code Ann. § 69-3-1006 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1006
69-3-1006 Federal requirements
Status: in_force

69-3-1006 . Federal requirements. The public service commission, the department of public health and human services, and participating providers of local telecommunications services shall comply with federal requirements for the receipt of matching federal low-income telephone assistance.