Mont. Code Ann. § 69-12-345 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-345
69-12-345 Motor vehicle liability insurance provisions
Status: in_force

69-12-345 . Motor vehicle liability insurance provisions. (1) Insurers that write motor vehicle liability insurance in Montana may exclude any and all coverage afforded under the owner's insurance policy for any loss or injury that occurs while a driver is logged on to a transportation network carrier's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a motor vehicle liability insurance policy, including but not limited to:

(a) liability coverage for bodily injury and property damage including insurance required under Title 61, chapter 6;

(b) personal injury protection coverage;

(c) uninsured and underinsured motorist coverage, including insurance provided under 33-23-201 ;

(d) medical payments coverage;

(e) comprehensive physical damage coverage; and

(f) collision physical damage coverage.

(2) Nothing in this section requires that a personal motor vehicle liability insurance policy provide coverage while the driver is logged on to the transportation network carrier's digital network, while the driver is engaged in a prearranged ride, or while the driver otherwise uses a personal vehicle to transport riders for compensation. An insurer may provide coverage for the transportation network carrier driver's personal vehicle, if it chooses to do so, by contract or endorsement.

(3) A motor vehicle liability insurer that excludes the coverage described in 69-12-343 has no duty to defend or indemnify any claim expressly excluded. Sections 69-12-343 through 69-12-345 do not invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use prior to the enactment of 69-12-343 through 69-12-345 . A motor vehicle liability insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its motor vehicle liability policy has a right of contribution against other insurers that provide motor vehicle liability insurance to the same driver in satisfaction of the coverage requirements of 69-12-343 at the time of loss.

(4) In a claims coverage investigation, transportation network carriers and any insurer potentially providing liability or optional coverages under 69-12-343 shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network carrier driver, if applicable, including the precise times that a transportation network carrier driver logged on and off the transportation network carrier's digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions, and limits provided under any motor vehicle liability insurance maintained under 69-12-343 .

(5) Nothing in this chapter limits the right of a lender or secured party on a driver's vehicle to require a driver to maintain comprehensive and collision damage coverage for a driver's vehicle or to show evidence of that coverage to the lender or secured party that would cover the period when the driver is logged on to the transportation network carrier's digital network regardless of whether the driver is engaged in a prearranged ride. If the driver fails to maintain the required comprehensive and collision coverage or to show evidence to the lender or secured party of the coverage upon reasonable request by the lender or secured party, the lender or secured party may obtain the coverage at the expense of the driver and is not required to provide disclosure under 69-12-344 .

(6) If a lender or a secured party has a secured interest in a driver's vehicle and a transportation network carrier's insurer makes a payment for a claim for damage to the driver's vehicle that is covered under comprehensive or collision damage coverage held by the transportation network carrier, the insurer shall issue the payment directly to the vehicle repair shop or jointly to the owner of the vehicle and the primary lender or secured party on the covered vehicle.
Mont. Code Ann. § 69-3-201 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-201
69-3-201 Utilities to provide adequate service at reasonable charges
Status: in_force

69-3-201 . Utilities to provide adequate service at reasonable charges. Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, power, water, or regulated telecommunications service produced, transmitted, delivered, or furnished or for any service to be rendered as or in connection with any public utility shall be reasonable and just, and every unjust and unreasonable charge is prohibited and declared unlawful.
Mont. Code Ann. § 69-9-115 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-115
69-9-115 Void
Status: in_force

69-9-115 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-2-204 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-204
69-2-204 Representation of consuming public
Status: in_force

69-2-204 . Representation of consuming public. (1) The consumer counsel shall meet and confer with members or representatives of the consuming public at times and places that the consumer counsel determines appropriate.

(2) The consumer counsel has other powers necessary to fully represent the interests of the consuming public before the commission as may be granted and promulgated by the committee in accordance with the provisions of the Montana Administrative Procedure Act.
Mont. Code Ann. § 69-4-1002 — MT Code / Title 69 / Chapter 4 / Part 10 / Section 69-4-1002
69-4-1002 Meter security -- data disclosure
Status: in_force

69-4-1002 . Meter security -- data disclosure. (1) Except as provided in subsections (3) and (4), a customer's energy use data is private and confidential and may not be disclosed by a utility, except as specifically required in subsection (3) or (4) or otherwise provided by law.

(2) Energy use data from an advanced metering device must be sufficiently secured so that the data cannot be intercepted by a person other than a utility.

(3) A utility may disclose aggregated energy use data that is anonymous.

(4) A utility shall make energy use data collected from an advanced metering device available to a customer or to a customer's designee upon request of the customer.
Mont. Code Ann. § 69-12-106 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-106
69-12-106 Acts indicative of status as motor carrier
Status: in_force

69-12-106 . Acts indicative of status as motor carrier. Any person or corporation maintaining a public motor vehicle stand or by sign, symbol, or device or vehicle or clothing or by advertisement holding forth transportation for compensation or soliciting the transportation of persons or property for compensation among the public or soliciting for trips for compensation or providing transportation service to the public under the guise of leasing or buy-and-sell arrangements shall be deemed, prima facie, a "motor carrier" subject to this chapter. The burden of proof shall be on such person or corporation to disprove such status.
Mont. Code Ann. § 69-13-202 — MT Code / Title 69 / Chapter 13 / Part 2 / Section 69-13-202
69-13-202 Assumption of validity of commission orders
Status: in_force

69-13-202 . Assumption of validity of commission orders. Until set aside or vacated by some decree or order of a court of competent jurisdiction, all orders of the commission as to any matter within its jurisdiction shall be accepted as prima facie evidence of their validity.
Mont. Code Ann. § 69-4-357 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-357
69-4-357 Prohibition on reinstallation of overhead facilities
Status: in_force

69-4-357 . Prohibition on reinstallation of overhead facilities. Once removed, no overhead electric or communication facilities shall be installed in a special improvement district for conversion of overhead electric and communication facilities, except as authorized by this part.
Mont. Code Ann. § 69-14-711 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-711
69-14-711 Payment of damages to department of livestock
Status: in_force

69-14-711 . Payment of damages to department of livestock. (1) If livestock are killed by railroad corporations in violation of 69-14-701 and if the owner of the livestock does not claim or assert a claim against the railroad or railroad corporation for the value of the livestock killed within 6 months from the date the animal is killed, the department of livestock shall demand from the railroad or railroad corporation payment in damages for livestock. The department shall institute and prosecute, in the name of the state, actions against the railroad or railroad companies in a court of competent jurisdiction to recover damages if the railroad fails, neglects, or refuses to make payment of the amount of the claim filed by the department.

(2) The money recovered must be paid to the department and must be held by the department for a period of 2 years after the date of its receipt. If the lawful owner of the animal killed does not present and prove the owner's claim to the net proceeds received from the animal killed within the 2 years, the money must be paid to the state treasurer and credited to the stock estray fund. If the owner of the animal killed proves the owner's claim within the 2 years, the department may pay the claimant the amount of money to which the claimant is entitled for the animal killed by the railroad or railroad company, the damages for which have been collected by the department.

(3) In actions prosecuted under this section for the recovery of the value of livestock killed, the prevailing or successful party shall recover all costs. If the owner of an animal killed has not presented a claim against the railroad or railroad company that caused it to be killed, a settlement made by the department constitutes a bar against an action by the owner of the animal.
Mont. Code Ann. § 69-14-612 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-612
69-14-612 Reflectorized material on crossing signs required
Status: in_force

69-14-612 . Reflectorized material on crossing signs required. Within 2 years after April 9, 1987, a railroad company shall install and maintain reflectorized material on the front and back sides of crossbuck blades on all public crossing signs the railroad company is required to construct and maintain under 69-14-602 and 69-14-603 .
Mont. Code Ann. § 69-4-601 — MT Code / Title 69 / Chapter 4 / Part 6 / Section 69-4-601
69-4-601 Movement of structures and interference with wires -- notice required
Status: in_force

69-4-601 . Movement of structures and interference with wires -- notice required. No person, firm, or corporation moving, hauling, or transporting any house, building, derrick, or other structure shall cut, move, raise, or in any manner interfere with an electric light or electric power wire or poles or with telephone or telegraph wires, cables, messenger wires, guy wires, or poles without giving notice to the owner or agent of said wires or poles, as hereinafter provided.
Mont. Code Ann. § 69-4-355 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-355
69-4-355 Procedure upon failure to effect conversion on private property
Status: in_force

69-4-355 . Procedure upon failure to effect conversion on private property. If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant the utility a permit or easement referred to in 69-4-354 or if an owner fails to convert to underground service facilities within 60 days after the mailing to the owner of the notice provided by 69-4-353 , the governing body shall order the public utility to complete the conversion and to disconnect and remove all overhead facilities, including service facilities, providing service to the structure or improvement.
Mont. Code Ann. § 69-3-1406 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1406
69-3-1406 Reciprocity
Status: in_force

69-3-1406 . Reciprocity. (1) All natural gas suppliers are afforded the comparable opportunity to compete.

(2) A natural gas distribution services provider or its affiliates may not use another natural gas distribution services provider's facilities in the state of Montana to sell natural gas to customers in the state of Montana unless the natural gas distribution services provider or its affiliates offer customer choice and open access to their natural gas distribution facilities.
Mont. Code Ann. § 69-8-610 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-610
69-8-610 Cost-benefit analysis
Status: in_force

69-8-610 . Cost-benefit analysis. (1) Before April 1, 2018, a public utility shall:

(a) conduct a study of the costs and benefits of customer-generators as defined in 69-8-103 ; and

(b) submit the study to the commission for the purpose of making determinations in accordance with a public utility's general rate case pursuant to 69-8-611 .

(2) The utility may engage independent consultants or advisory services to complete a cost-benefit study. Costs are recoverable in rates.

(3) After May 3, 2017, the commission may establish minimum information required for inclusion in a study conducted by a public utility in accordance with subsection (1)(a).
Mont. Code Ann. § 69-3-1623 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1623
69-3-1623 Use of amounts received by electric utility as consideration for its transfer of Montana energy impact assistance property
Status: in_force

69-3-1623 . Use of amounts received by electric utility as consideration for its transfer of Montana energy impact assistance property. (1) Subject to commission approval as required by subsection (2), an electric utility shall expend or invest amounts the electric utility receives as consideration for its transfer of Montana energy impact assistance property to reduce its Montana energy impact costs and may invest or expand the remaining funds as follows:

(a) to build and own generation infrastructure and facilities that are least-cost generation resources, taking into consideration regulatory risk, current and future fuel cost and risk, and fuel delivery infrastructure costs, the addition of which is not inconsistent with the electric utility's resource procurement or integrated least-cost resource plan;

(b) to build, own, or purchase electricity storage capacity to the extent that the investment is either required by law or rule, is the least-cost, or is needed to increase the amount of least-cost generation resources that the electric utility is able to add to its generation portfolio;

(c) to invest in network modernization to the extent that the modernization is necessary to increase the amount of least-cost generation resources able to be added to the electric utility's system; and

(d) to replace any damaged or destroyed electric infrastructure or facilities involved in the transmission or delivery of electricity to Montana customers.

(2) In considering any application for approval of the use of Montana energy impact assistance bond proceeds, the commission shall:

(a) use its regular process for consideration of applications; and

(b) fully consider new energy technologies and future environmental regulations.
Mont. Code Ann. § 69-12-311 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-311
69-12-311 Class A motor carrier certificate
Status: in_force

69-12-311 . Class A motor carrier certificate. (1) (a) A Class A motor carrier may not transport persons for hire on any public highway in this state without obtaining, pursuant to this chapter, a certificate of compliance.

(b) A Class A motor carrier may not transport property or persons and property for hire on any public highway in this state without obtaining, pursuant to this chapter, a certificate of public convenience and necessity.

(2) A Class A motor carrier shall apply for a certificate, in writing, separately for each route. 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 public highway or highways and the fixed termini between the regular route or routes where the applicant intends to operate;

(c) a full and complete description of the character of the vehicle or vehicles to be used, including the seating capacity;

(d) the proposed time schedule;

(e) a proposed schedule of the tariff or rates to be charged;

(f) a complete and detailed description of the property proposed to be devoted to the public service;

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

(h) other information required by the commission.

(3) The application must be accompanied by a filing fee to be set by rule of the commission.
Mont. Code Ann. § 69-14-902 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-902
69-14-902 Decision on application by railroad
Status: in_force

69-14-902 . Decision on application by railroad. It shall be the duty of any person, firm, or corporation to whom application is made for the right to erect and maintain an elevator or warehouse under the provisions of 69-14-901 through 69-14-911 , within 30 days after the receipt of such application, to notify said applicant in writing of the acceptance or rejection of the amount stated in said application to be reasonable compensation for the right, privilege, and easement sought to be acquired. In case such person, firm, or corporation fails to notify the applicant within said 30 days, such person, firm, or corporation shall be deemed to have accepted said amount, and upon the payment or tender thereof, said applicant shall be deemed to have acquired the right, privilege, and easement applied for.
Mont. Code Ann. § 69-8-601 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-601
69-8-601 Legislative findings
Status: in_force

69-8-601 . Legislative findings. The legislature finds that it is in the public interest to promote net metering because it:

(1) encourages private investment in renewable energy resources;

(2) stimulates Montana's economic growth; and

(3) enhances the continued diversification of the energy resources used in Montana.
Mont. Code Ann. § 69-3-836 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-836
69-3-836 Mediation of interconnection agreements
Status: in_force

69-3-836 . Mediation of interconnection agreements. Upon the written request of any party negotiating an agreement for interconnection with another telecommunications carrier, the commission may designate a mediator, who may be a commission member, to mediate any differences arising in the course of the negotiation.
Mont. Code Ann. § 69-3-1616 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1616
69-3-1616 Electric utilities -- duties -- nonbypassable charges
Status: in_force

69-3-1616 . Electric utilities -- duties -- nonbypassable charges. (1) The electric bills of an electric utility that obtains a financing order and causes Montana energy impact assistance bonds to be issued must:

(a) explicitly reflect that a portion of the charges on the bill represents Montana energy impact assistance charges approved in a financing order and, if Montana energy impact assistance property has been transferred to an assignee, must include a statement that the assignee is the owner of the rights to Montana energy impact assistance charges and that the electric utility or other entity, if applicable, is acting as a collection agent or servicer for the assignee;

(b) include the Montana energy impact assistance charge on each customer's bill as a separate line item titled "energy impact assistance charge" and may include both the rate and the amount of the charge on each bill; and

(c) explain to customers in an annual filing with the commission the rate impact that financing of the retirement or replacement of electric infrastructure or facilities has on customer rates.

(2) Montana energy impact assistance charges are nonbypassable and payment must be made by all existing and future customers receiving service from the electric utility or its successors or assignees under commission-approved rate schedules or under special contracts.

(3) The failure of an electric utility to comply with this section does not invalidate, impair, or affect any financing order, Montana energy impact assistance property, Montana energy impact assistance charge, or Montana energy impact assistance bonds, but does subject the electric utility to penalties under applicable commission rules.

(4) An electric utility that obtains a financing order and causes Montana energy impact assistance bonds to be issued must demonstrate in an annual filing with the commission that Montana energy impact assistance revenues are applied solely to the repayment of Montana energy impact assistance bonds and other financing costs.
Mont. Code Ann. § 69-14-606 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-606
69-14-606 Role of public service commission with respect to crossings
Status: in_force

69-14-606 . Role of public service commission with respect to crossings. (1) The commission may enforce the orders of any board of county commissioners for the construction of railroad crossings and may pass upon the reasonableness of any such order and modify, change, or annul the same.

(2) Whenever any railroad crossing has been ordered by the county commissioners, as herein provided, the railroad company may, within 30 days after the service of such order, serve upon the commission a notice stating why the order is considered unreasonable or unjust and requesting that the commission hold a hearing for the purpose of determining whether or not the construction of such crossing should reasonably be required. The commission shall thereupon institute a hearing for this purpose, and all interested parties shall be given reasonable notice and an opportunity to be heard. The commission may, after such hearing, either affirm, modify, or annul such order.
Mont. Code Ann. § 69-3-310 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-310
69-3-310 Rulemaking authority
Status: in_force

69-3-310 . Rulemaking authority. The commission may adopt rules to implement this part.
Mont. Code Ann. § 69-5-110 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-110
69-5-110 Jurisdiction of district courts over disputes
Status: in_force

69-5-110 . Jurisdiction of district courts over disputes. The district courts of the county or counties within which the premises, vectors, or lines involved in any dispute are located have jurisdiction under this part over all electric facilities providers subject to this part.
Mont. Code Ann. § 69-4-352 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-352
69-4-352 Title to converted facilities
Status: in_force

69-4-352 . Title to converted facilities. Title to the converted facilities shall be at all times solely and exclusively in the public utility involved, as the public is only purchasing the intangible benefits which come from converted facilities; that is, the removal of the overhead facilities and replacement by underground facilities.
Mont. Code Ann. § 69-13-102 — MT Code / Title 69 / Chapter 13 / Part 1 / Section 69-13-102
69-13-102 Scope of chapter -- enforcement
Status: in_force

69-13-102 . Scope of chapter -- enforcement. (1) It is declared that the operation of pipelines to which this chapter applies 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, in connection with the purchase or purchase and sale 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, is a business in which the public is interested and is subject to regulation by law. The business of purchasing or of purchasing and selling 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, using in connection with that business a pipeline of the class subject to this chapter to transport the 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, may not be conducted unless the pipeline used in connection with that business is a common carrier within the purview of this chapter and subject to the jurisdiction conferred upon the commission.

(2) It is the duty of the attorney general to enforce this provision by injunction or other adequate remedy.
Mont. Code Ann. § 69-3-1102 — MT Code / Title 69 / Chapter 3 / Part 11 / Section 69-3-1102
69-3-1102 Definitions
Status: in_force

69-3-1102 . Definitions. As used in this part, the following definitions apply:

(1) "Aggregator surcharge" means a charge to a customer by an entity that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises for intrastate telephone calls using an operator service provider.

(2) "Customer" means a person who makes an intrastate telephone call through an operator service provider or the person accepting a collect telephone call made through an operator service provider.

(3) "Exorbitant rate" means a rate for an intrastate telephone call completed by an operator service provider that is greater than the allowable rate established by the commission. The allowable rate is inclusive of the call rate and any aggregator surcharge or other calling fee collected from a customer by the operator service provider.

(4) "Operator service provider" means any person, company, or entity that provides automated or live assistance to a customer to arrange for billing or completion, or both, of an intrastate telephone call through a method other than:

(a) automatic completion, with billing to the telephone from which the call originated; or

(b) completion through an access code used by the customer, with billing to an account previously established with a telecommunications carrier by the customer.

(5) "Telecommunications carrier" means the same as provided in 69-3-1302 .
Mont. Code Ann. § 69-12-511 — MT Code / Title 69 / Chapter 12 / Part 5 / Section 69-12-511
69-12-511 Procedure to recover excess charges
Status: in_force

69-12-511 . Procedure to recover excess charges. (1) Any sum or amount of money paid to any motor carrier in excess of the rates, fares, or charges established for such service by the commission may be recovered from such carrier by the person or shipper who paid the same in any action brought in the district court of the county in which such payment was made. Any such action must be brought within 2 years from the date of such payment. No contract or agreement, written or otherwise, between such person or shipper and any motor carrier shall be admissible in evidence for the purpose of showing a waiver of the right given by this section.

(2) If upon the trial of such action it shall satisfactorily appear to the court or jury that such overcharge was willfully made, the person or shipper bringing the said action shall be awarded damages in treble the amount of such excess or overcharge, together with the costs and expenses of such action, including a reasonable attorney's fee, to be taxed and collected as other costs in the action.
Mont. Code Ann. § 69-14-611 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-611
69-14-611 Penalty for failure to comply with crossing order
Status: in_force

69-14-611 . Penalty for failure to comply with crossing order. Any railroad company failing to construct any crossing after the order or decision requiring the construction of same has become final, within the time herein provided or within any extension of time granted by the commission, shall for each day's failure pay to the state a fine of not less than $10 or more than $100, to be recovered in a civil action in the name of the state, and it shall be the duty of the county attorney of the county within which is located the site of the proposed crossing to prosecute such action.
Mont. Code Ann. § 69-3-701 — MT Code / Title 69 / Chapter 3 / Part 7 / Section 69-3-701
69-3-701 Definitions
Status: in_force

69-3-701 . Definitions. As used in this part, the following definitions apply:

(1) "Commission" means the Montana public service commission created in 2-15-2602 .

(2) "Conservation" means any reduction in electric power or natural gas consumption as a result of investment in measures that increase the efficiency of electricity or gas use in building shells, space heating or cooling equipment, water heating equipment, or refrigeration equipment or other cost-effective measures which, over its economic life meet the criteria of 69-3-702 .
Mont. Code Ann. § 69-2-217 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-217
69-2-217 Exemptions -- definition
Status: in_force

69-2-217 . Exemptions -- definition. (1) Projects proposed by utilities, as defined in 69-8-103 , or their affiliates are exempt from the analysis required by 69-2-216 if the utility or affiliate files the necessary tariffs, rate schedules, and other requisite information with the commission or the federal energy regulatory commission.

(2) For the purposes of this section, "affiliate" means an entity wholly or partially owned by, closely connected to, or associated with a utility.
Mont. Code Ann. § 69-1-402 — MT Code / Title 69 / Chapter 1 / Part 4 / Section 69-1-402
69-1-402 Funding of department of public service regulation
Status: in_force

69-1-402 . Funding of department of public service regulation. (1) All fees collected under this section and any other fees, except as provided in 69-1-114 (3), must be deposited in an account in the state special revenue fund to the credit of the department. An appropriation to the department may consist of a base appropriation for regular operating expenses and a contingency appropriation for expenses due to an unanticipated caseload.

(2) In addition to all other licenses, fees, and taxes imposed by law, all regulated companies shall, within 30 days after the close of each calendar quarter, pay to the department of revenue a fee based on a percentage of gross operating revenue reported pursuant to 69-1-223 (2)(a), as determined by the department of revenue under 69-1-403 .

(3) The amount of money that may be raised by the fee on the regulated companies during a fiscal year may not be increased, except as provided in 69-1-224 (1)(c), from the amount appropriated to the department by the legislature for that fiscal year, including both base and contingency appropriations. Any additional money required for operation of the department must be obtained from other sources in a manner authorized by the legislature.
Mont. Code Ann. § 69-3-815 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-815
69-3-815 Nondiscriminatory intercarrier compensation -- billing records -- enforcement -- rulemaking
Status: in_force

69-3-815 . Nondiscriminatory intercarrier compensation -- billing records -- enforcement -- rulemaking. (1) An originating carrier of local telecommunications service shall transmit with the originating carrier's telecommunications traffic information necessary to enable the terminating carrier to identify, measure, and appropriately charge the originating carrier for the termination of the local telecommunications service.

(2) A provider of intralocal access transport area toll services or any other carrier that provides nonlocal telecommunications services in Montana shall transmit with its telecommunications traffic information necessary to enable the terminating carrier to identify, measure, and appropriately charge for the termination of the telecommunications traffic.

(3) A transiting carrier shall deliver telecommunications traffic to terminating carriers by means of facilities that enable the terminating carrier to receive from the originating carrier any and all information that the originating carrier transmits with its telecommunications traffic that enables the terminating carrier to identify, measure, and appropriately charge the originating carrier or the interlocal access transport area carrier or intralocal access transport area toll provider of nonlocal telecommunications traffic for the termination of its telecommunications traffic.

(4) A transiting carrier is required to provide billing records for its transit traffic to the terminating carrier upon request. The transiting carrier shall provide billing records pursuant to existing policies and agreements until the commission adopts rules pursuant to subsection (7).

(5) A local exchange carrier or commercial mobile radio services provider that delivers local telecommunications traffic to a terminating carrier, directly or indirectly through a transiting carrier, shall, upon request of the terminating carrier, negotiate an interconnection agreement with the terminating carrier, as provided in 69-3-831 through 69-3-839 . The interconnection agreement must include rates, terms, and conditions for reciprocal compensation for the transport and termination of local telecommunications traffic.

(6) A telecommunications carrier registered to provide telecommunications services in Montana pursuant to 69-3-805 may file a complaint with the commission requesting enforcement of this section, including enforcement of an agreement approved by the commission under 69-3-839 . Upon the filing of a complaint, the commission may authorize the terminating carrier to refuse to terminate traffic from the originating carrier or the commission may authorize interim payments. The commission may order compensation to the terminating carrier and may order other appropriate relief.

(7) The commission shall adopt rules for the implementation of this section. The rules must provide for the expedited resolution of complaints filed pertaining to the provisions of this section. The rules must identify what type of transit records are available and what the cost of the transit records should be and must determine which party is responsible for the payment of detailed call records to the transiting carrier.
Mont. Code Ann. § 69-14-102 — MT Code / Title 69 / Chapter 14 / Part 1 / Section 69-14-102
69-14-102 Application -- definition
Status: in_force

69-14-102 . Application -- definition. (1) In accordance with the commission's authority pursuant to 69-14-111 , this chapter applies to all persons, firms, or companies, incorporated or otherwise, that do business as common carriers on any of the lines of railroad in this state.

(2) As used in this chapter, "railroad" means a corporation, company, or individual owning or operating a railroad in whole or in part in this state. The term also includes express companies, sleeping-car companies, and a rail authority established under Title 7, chapter 14, part 16.
Mont. Code Ann. § 69-3-1407 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1407
69-3-1407 Optional performance-based ratemaking for natural gas utilities -- commission rulemaking
Status: in_force

69-3-1407 . Optional performance-based ratemaking for natural gas utilities -- commission rulemaking. (1) The commission may, upon application and after giving notice and conducting a hearing as provided in 69-3-303 , authorize any natural gas utility to implement an optional form of rate regulation using a performance-based ratemaking methodology.

(2) The commission may approve a performance-based ratemaking methodology if it finds that the methodology:

(a) preserves adequate service to all classes of customers, including transportation-only customers;

(b) does not unreasonably prejudice or disadvantage any class of natural gas utility users;

(c) provides incentives for improved performance by the natural gas utility in the natural gas utility's public duties;

(d) results in rates that are not excessive; and

(e) is in the public interest.

(3) The commission may, after giving notice and conducting a hearing as provided in 69-3-303 , modify or discontinue a natural gas utility's performance-based ratemaking previously authorized under this section if the commission finds that:

(a) natural gas service to one or more classes of customers has deteriorated or will deteriorate;

(b) any class of natural gas utility customer is being unreasonably prejudiced or disadvantaged;

(c) the performance-based ratemaking is not providing or will not provide reasonable incentives for improved performance by a natural gas utility in the performance of its public duties;

(d) rates are excessive compared to a natural gas utility's cost of service;

(e) terms ordered by the commission in connection with the approval of a natural gas utility's implementation of performance-based ratemaking have been violated; and

(f) the performance-based form of regulation is not in the public interest.

(4) The commission shall promulgate rules for monitoring a natural gas utility that has implemented performance-based ratemaking to ensure that the natural gas utility is in compliance with the requirements of this section.
Mont. Code Ann. § 69-3-1602 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1602
69-3-1602 Purpose -- legislative intent
Status: in_force

69-3-1602 . Purpose -- legislative intent. (1) The legislature finds that it is imperative to:

(a) implement an alternative financing mechanism to address the retirement and replacement of electric infrastructure or facilities; and

(b) authorize the public service commission to review and approve one or more financing orders, if it deems approval appropriate and in the interest of ratepayers.

(2) The legislature further finds that:

(a) it is in the interest of the state and its citizens to encourage and facilitate the use of securitized ratepayer-backed bonds as a method for enabling electric utilities to lower the cost of financing the retirement or replacement of electric infrastructure or facilities under certain conditions and to empower the public service commission to review a securitization mechanism to determine whether it is consistent with the public interest and worthy of approval; and

(b) the state should authorize the issuance of low-cost securitized ratepayer-backed bonds. The proceeds of these bonds must be used solely to:

(i) lower long-term costs paid by electric utility customers by reducing financing costs of certain retired or replaced electric infrastructure or facilities; and

(ii) make available capital investment for modernized infrastructure and facilities and services, including least-cost electric generating facilities and other supply-side and demand-side resources.
Mont. Code Ann. § 69-3-1205 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1205
69-3-1205 Public comment -- public meetings
Status: in_force

69-3-1205 . Public comment -- public meetings. (1) When developing a plan in accordance with this part and prior to submitting a plan to the commission, a public utility shall hold at least four public meetings in the utility's Montana service territory to ensure a plan best meets the diverse goals of shareholders, ratepayers, and society.

(2) The public utility shall consider written and oral comments respecting the proposed plan received during public meetings or meetings of the resource planning advisory committee held pursuant to 69-3-1208 . The public utility shall summarize and respond to substantive comments received and file those as part of the plan.

(3) After a plan is submitted, the commission shall conduct two public meetings for the purpose of receiving comment on a plan. The commission or the department of public service regulation may comment on the plan. A comment by the commission or the department may not be construed as preapproval by the commission of rate treatment for any proposed resource.

(4) The department of environmental quality:

(a) shall review a plan submitted to the commission and comment on the need for new resources, the alternatives evaluated to meet the need, the environmental implications of the resource choices, and other related issues that it considers important. The department shall coordinate and deliver all comments from other executive branch agencies.

(b) may use a plan in the development of studies for a specific energy facility for which an application for a certificate of compliance is submitted under Title 75, chapter 20.

(5) The consumer counsel shall review and may comment on a submitted plan.
Mont. Code Ann. § 69-3-1501 — MT Code / Title 69 / Chapter 3 / Part 15 / Section 69-3-1501
69-3-1501 Definitions
Status: in_force

69-3-1501 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Affiliate" means an entity closely connected or associated with a regulated energy utility.

(2) "Affiliate transaction" means a financial transaction between the utility operations of a regulated energy utility and an affiliate.

(3) "Material affiliate transaction" means an affiliate transaction that has a significant potential impact on the financial stability of a regulated energy utility, including but not limited to:

(a) dividend payments from a regulated energy utility to a corporate parent company if those payments would place the regulated energy utility's credit quality or property in jeopardy;

(b) intercompany loans or other extensions of credit or advances of working capital between a regulated energy utility and an affiliate if those activities would place the regulated energy utility's credit quality or property in jeopardy;

(c) the use of proceeds in issuing securities for which the assets of the regulated energy utility are pledged; or

(d) external borrowing by a regulated energy utility with a term greater than 120 days if the loan would place the regulated energy utility's credit quality or property in jeopardy.

(4) "Regulated energy utility" means a public utility with more than 100 customers that owns distribution facilities for the distribution of electricity or natural gas to the public and that is regulated by the commission pursuant to this title.
Mont. Code Ann. § 69-5-114 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-114
69-5-114 Review by independent consultant
Status: in_force

69-5-114 . Review by independent consultant. (1) If electric facilities providers that have provided cost estimates to a new large customer are unable to reach agreement as to which electric facilities provider can provide electric service facilities at the least cost, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110 , shall determine which electric facilities provider can extend its line to the new large customer at the least cost. The cost of those engineering services must be paid equally by the electric facilities providers involved.

(2) If electric facilities providers proposing to provide service to a subdivision do not agree on the location of a vector, as provided in 69-5-113 (1), an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110 , shall determine the location of a vector. The cost of those engineering services must be paid equally by the electric facilities providers involved.

(3) If electric facilities providers having lines near the premises of a new consumer do not agree if a line has capacity to serve the premises, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110 , shall determine if a line has capacity to serve the premises. The cost of those engineering services must be paid equally by the electric facilities providers involved.
Mont. Code Ann. § 69-4-356 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-356
69-4-356 Payment of public utility
Status: in_force

69-4-356 . Payment of public utility. (1) Upon completion of the conversion contemplated by this part, the public utility shall present the governing body with its verified bill for conversion costs as computed pursuant to 69-4-314 , but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In the event the conversion costs are less than the estimated conversion costs, each assessed owner within the improvement district shall receive the benefit, prorated in such form and at such time or times as the governing body may determine. The bill of the public utility shall be paid within 30 days by the governing body from the improvement district funds or such other source as is properly designated by the governing body.

(2) In determining the actual cost of constructing the underground facility, the public utility shall use its standard accounting procedures, such as the uniform system of accounts as defined by the federal communications commission, federal power commission, or Montana public service commission and as is in use at the time of the conversion by the public utility involved.
Mont. Code Ann. § 69-3-107 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-107
69-3-107 Investigation and reports of accidents
Status: in_force

69-3-107 . Investigation and reports of accidents. (1) The commission, some member of the commission, or some person deputed by it shall investigate and make inquiry into every accident occurring in the operation of any public utility in this state resulting in death or injury to any person that requires 3 days or more of hospitalization. The report of the accident must be filed in the office of the commission.

(2) A public utility operating within this state shall promptly upon the occurrence of any accident in the public utility's operation and resulting in death or injury to any person that requires hospitalization report the accident within the next 2 business days, followed by a written report that states the time and place of the accident, the names of persons killed or injured, and in concise form the nature and cause of the accident. The commission shall prescribe forms for the purpose of making these written reports.
Mont. Code Ann. § 69-3-1304 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1304
69-3-1304 Rulemaking authority
Status: in_force

69-3-1304 . Rulemaking authority. The commission may adopt rules to implement this part.
Mont. Code Ann. § 69-14-713 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-713
69-14-713 Violation of provisions dealing with injury to livestock
Status: in_force

69-14-713 . Violation of provisions dealing with injury to livestock. (1) Except as otherwise provided in this chapter, a person who violates any of the provisions of 69-14-701 through 69-14-711 relating to livestock killed or injured by railroads is guilty of a misdemeanor.

(2) A person violating any of the provisions of 69-14-711 shall upon conviction be punished by a fine of not less than $10 or more than $300, by imprisonment in the county jail for a period of not less than 10 days or more than 60 days, or both.
Mont. Code Ann. § 69-14-922 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-922
69-14-922 Action by shipper to render cars suitable
Status: in_force

69-14-922 . Action by shipper to render cars suitable. (1) If a railroad or railway company fails within 24 hours after written complaint has been made by the shipper or the shipper's representative to clean and prepare a car or cars, then the shipper or the shipper's representative may properly and safely clean and prepare the car or cars. Preparing a car or cars may not include repairs covered in 49 CFR, parts 200 through 399. The railroad or railway company shall pay for the labor expended in the cleaning or preparation and the actual cost of material used.

(2) If a car or cars are placed at a station or siding where there is no representative of the railroad or railway company upon whom complaint may be served, then the shipper or the shipper's representative may at once clean and repair the cars and must be paid for the labor and material expended, as provided in subsection (1).
Mont. Code Ann. § 69-1-111 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-111
69-1-111 Reimbursement for expenses
Status: in_force

69-1-111 . Reimbursement for expenses. The commission and its staff are entitled to reimbursement for travel expenses, as provided for in 2-18-501 through 2-18-503 . Expenditures must be sworn to by the person who incurred the expenses and be approved by the presiding officer of the commission or the presiding officer's designee.
Mont. Code Ann. § 69-4-303 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-303
69-4-303 Definitions
Status: in_force

69-4-303 . Definitions. As used in this part, the following words and phrases and any variations thereof shall have the following meaning:

(1) "Communication service" means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals.

(2) "Convert" or "conversion" means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

(3) "Electric or communication facilities" means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.

(4) "Electrical service" means the distribution of electricity for heat, light, or power.

(5) "Governing body" means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town.

(6) "Ordinance" means resolution where the governing body acts by resolution and vice versa.

(7) "Overhead electric or communication facilities" means electric or communication facilities located, in whole or in part, above the surface of the ground.

(8) "Public utility" means any public or private person, corporation, or cooperative that provides electric or communication service to the public by means of electric or communication facilities and shall include any special improvement district that provides electric or communication service to the public by means of electric or communication facilities.

(9) "Underground electric or communication facilities" means electric or communication facilities located, in whole or in part, beneath the surface of the ground.
Mont. Code Ann. § 69-12-105 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-105
69-12-105 Nature of accommodative transportation
Status: in_force

69-12-105 . Nature of accommodative transportation. An accommodative transportation movement by a person not in the transportation business is not a service for hire even though the persons owning the property transported or persons transported share in the cost or pay for the movement.
Mont. Code Ann. § 69-3-209 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-209
69-3-209 Violations of public utility laws or orders
Status: in_force

69-3-209 . Violations of public utility laws or orders. If any public utility violates any provision of this chapter, does any act herein prohibited, or fails or refuses to perform any duty enjoined upon it, fails to place in operation any rate or joint rate, or fails, neglects, or refuses to obey any lawful requirement or order made by the commission or any court, then for every such violation, failure, or refusal the public utility is subject to the penalty prescribed by 69-3-206 .
Mont. Code Ann. § 69-3-1209 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1209
69-3-1209 Electric utility demand-side management programs
Status: in_force

69-3-1209 . Electric utility demand-side management programs. (1) The commission may establish energy savings and peak demand reduction goals for an electric utility, taking into account the utility's cost-effective demand-side management potential and the need for electricity resources.

(2) The commission shall permit electric utilities to implement cost-effective electricity demand-side management programs and conservation in accordance with 69-3-701 through 69-3-712 and this part to reduce the need for additional resources.

(3) Every 3 years, an electric utility shall submit a report to the commission describing the demand-side management programs and conservation implemented by the electric utility in the previous year. The report must document:

(a) program expenditures, including incentive payments;

(b) peak demand and energy savings impacts and the techniques used to estimate those impacts;

(c) avoided costs and the techniques used to estimate those costs;

(d) the estimated cost-effectiveness of the programs;

(e) the net economic benefits of the programs; and

(f) any other information required by the commission.
Mont. Code Ann. § 69-14-708 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-708
69-14-708 Records of accidents involving livestock
Status: in_force

69-14-708 . Records of accidents involving livestock. (1) A railroad company must report to the department of livestock any livestock killed or injured by a train or railroad equipment on the railroad right-of-way within 30 days after the killing or injuring of any livestock.

(2) A railroad company failing to provide the notice provided for in subsection (1) is liable to the owner of the animal killed or injured, whether negligently done or not. The court or jury before whom an action is tried for the recovery of damages may in its discretion render a verdict and judgment for the amount of the value of the livestock killed or the amount of damages sustained by reason of injury.
Mont. Code Ann. § 69-3-839 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-839
69-3-839 Approval of interconnection agreements
Status: in_force

69-3-839 . Approval of interconnection agreements. (1) Within 90 days of filing of an interconnection agreement adopted by negotiation of the parties to an agreement, the commission shall approve or reject the agreement, or the agreement is considered approved.

(2) The commission may reject an agreement filed under this section only if the commission finds that:

(a) the agreement or a portion of the agreement discriminates against a telecommunications carrier not a party to the agreement; or

(b) the implementation of the agreement or portion is not consistent with the public interest, convenience, and necessity.

(3) Upon rejecting an agreement filed under this section, the commission shall issue written findings detailing any deficiencies in the agreement.
Mont. Code Ann. § 69-3-306 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-306
69-3-306 Classification of service
Status: in_force

69-3-306 . Classification of service. (1) Except as provided in subsection (3), the commission may prescribe classifications of the service of all public utilities. Classifications may take into account the quantity used, the time when used, and any other reasonable consideration. A public utility is required to conform its schedule of rates, tolls, and charges to the classifications.

(2) The commission shall prescribe a declining block rate structure or a structure appropriate to customer-generators for electric service, when cost-justified.

(3) Classifications of service for customer-generators must be determined in accordance with Title 69, chapter 8, part 6.
Mont. Code Ann. § 69-14-1204 — MT Code / Title 69 / Chapter 14 / Part 12 / Section 69-14-1204
69-14-1204 Stowing away on railroad property
Status: in_force

69-14-1204 . Stowing away on railroad property. (1) A person commits the offense of stowing away on railroad property if the person knowingly and without lawful authority or consent is on, occupies, or rides on the outside of a train or on the inside of a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container car.

(2) A person convicted of the offense of stowing away on railroad property shall be fined an amount not to exceed $1,000 or be incarcerated in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 69-3-1605 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1605
69-3-1605 Financing orders -- application requirements
Status: in_force

69-3-1605 . Financing orders -- application requirements. (1) An electric utility may file an application with the commission for approval to issue Montana energy impact assistance bonds in one or more series, impose, charge, and collect Montana energy impact assistance charges, and create Montana energy impact assistance property related to the retirement or replacement of electric infrastructure or facilities in Montana.

(2) (a) Within 120 days of an electric utility's submission of an application, the commission shall determine whether the application is adequate and in compliance with the commission's minimum filing requirements established in rules adopted pursuant to 69-3-1604 . If the commission determines that the application is inadequate, it shall explain the deficiencies.

(b) The commission shall take final action to approve, deny, or modify any application for a financing order as described in subsection (1) in a final order issued within 270 days of receiving an application.

(3) In addition to any other information required by the commission, an application for a financing order must include:

(a) an estimated schedule for the retirement or replacement;

(b) a specification of the effects of the proposed Montana energy impact assistance bond financing on the retirement or replacement;

(c) a proposed methodology for allocating the revenue requirement for the Montana energy impact assistance charge among customer classes;

(d) a description of the nonbypassable Montana energy impact assistance charge required to be paid by customers within the electric utility's service area for recovery of Montana energy impact assistance costs;

(e) an estimate of the net present value of electric utility customer savings expected to result if the financing order is issued as determined by a net present value comparison between the costs to customers that are expected to result from the financing of the undepreciated balances of electric infrastructure or facilities with Montana energy impact assistance bonds and the costs that would result from the application of traditional electric utility financing mechanisms to the same undepreciated balances; and

(f) one or more alternative financing scenarios in addition to the preferred scenario contained in the application.

(4) The commission shall publish a notice of the proposed change on its website and conforming to the requirements of 2-4-601 in one or more newspapers published and of general circulation within the service area of the electric utility. The notice must announce a public hearing on the application, and the commission shall hold a public hearing.
Mont. Code Ann. § 69-14-1004 — MT Code / Title 69 / Chapter 14 / Part 10 / Section 69-14-1004
69-14-1004 Penalty for being under the influence while engaged in train operations
Status: in_force

69-14-1004 . Penalty for being under the influence while engaged in train operations. A person who is under the influence, as provided in 49 CFR 383.51, of alcohol or a drug while in charge of a locomotive engine while as conductor or driver upon any railroad car or train or while acting as train dispatcher or as telegraph operator receiving or transmitting dispatches in relation to the movement of trains is guilty of a misdemeanor.
Mont. Code Ann. § 69-14-607 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-607
69-14-607 Overhead or underground crossings
Status: in_force

69-14-607 . Overhead or underground crossings. (1) No railroad crossing, other than a grade crossing, shall be ordered by any board of county commissioners.

(2) (a) The public service commission may, however, upon petition or request in writing of any board of county commissioners, order an overhead or underground crossing at any place where a railroad crossing has not been constructed and is required by the provisions of 69-14-601 through 69-14-611 ; provided, in its judgment, the safety, necessity, and convenience of the traveling public require such crossing.

(b) When any such petition or request is presented, the commission shall fix a date for hearing the same and shall give at least 10 days' written notice to the board of county commissioners and the owner or operator of the railroad to be affected by such order of the time fixed for the hearing. At such hearing, the commission shall hear all testimony offered as to the safety, necessity, and convenience of the traveling public requiring such a crossing and the expense of constructing and maintaining the same and shall make such investigation and inspection of the conditions at the place of crossing as may be deemed necessary or advisable and shall thereupon determine whether such order should be made.

(3) In the event an overhead or underground crossing is ordered, the commission may in its discretion require the same to be constructed and maintained by and at the expense of the railroad company or may apportion the expense between the railroad company and the county in which said crossing is located. The part of the expense apportioned to said county, if any, shall be paid to the railroad company from the funds of said county properly applicable to the payment of such expense.
Mont. Code Ann. § 69-3-1403 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1403
69-3-1403 Customer choice
Status: in_force

69-3-1403 . Customer choice. (1) A natural gas utility may voluntarily offer its customers choice of natural gas supplier and provide open access to its transmission facilities, storage facilities, or distribution facilities.

(2) If a customer choice offering results in transition costs, the commission may allow those transition costs to be recovered in separate identifiable charges to customers. Upon commission approval, the natural gas utility must have the opportunity but not the obligation to finance the fixed transition costs and related financing costs using transition cost financing as provided for in 69-8-103 and 69-8-503 .
Mont. Code Ann. § 69-14-722 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-722
69-14-722 Maintenance of fireguards
Status: in_force

69-14-722 . Maintenance of fireguards. (1) Every railroad corporation operating its lines of road or any part thereof within this state shall, between April 15 and July 1 in each year, plow in a good and workmanlike manner, covering the sod well, upon each side of its line of road, wherever it passes through a range or grazing country, a continuous strip of not less than 6 feet in width on each side of its track, as a fireguard. Said strip shall, as near as practicable, run parallel with the line or lines of said railroad, and in addition to such plowing, said railroad company shall cause to be burned, between July 15 and September 15 of each year, all the grass and vegetation between the said plowed strips and a line of 50 feet inside said plowed strips. Said plowing shall be not less than 300 feet from the center of the railroad track on each side of same except in cases of cultivated fields, and then such plowing and burning shall be done closer to such railroad but not less than 70 feet from the center of the track.

(2) Such fireguard, so plowed and burned, need not be constructed within the limits of any town, village, or city; in private fields under cultivation; along the line of such railroad whenever the same runs through the mountains; or elsewhere where such plowing or burning would be impracticable. Said fireguard or portion thereof need not be plowed or burned on or through any lands which may be released from the operation of this section by the board of county commissioners of the county wherein such land is situated, by their written certificate of release filed in the office of the county clerk of the county.

(3) If any railroad company fails to comply with any of the provisions of this section, the board of county commissioners of the county wherein such violation occurs shall cause the neglected plowing, burning, or both to be done and may, in a suit to be brought in their name as said board in the district court having jurisdiction, recover double the amount of the cost of such plowing, burning, or both, with reasonable attorney fees to be fixed by the court. Such railroad company shall be liable further for all damages caused by its failure to comply with this section.
Mont. Code Ann. § 69-12-401 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-401
69-12-401 Compliance with state law
Status: in_force

69-12-401 . Compliance with state law. It is unlawful for any corporation or person or the corporation's or person's officers, agents, employees, or servants to operate any motor vehicle for the transportation of persons or property for hire on any public highway in this state except in accordance with the provisions of this chapter.
Mont. Code Ann. § 69-7-111 — MT Code / Title 69 / Chapter 7 / Part 1 / Section 69-7-111
69-7-111 Municipal rate hearing required -- notice
Status: in_force

69-7-111 . Municipal rate hearing required -- notice. (1) Except as provided in 75-5-516 , 75-6-108 , and subsection (6), if the governing body of a municipality considers it advisable to regulate, establish, or change rates, charges, or classifications imposed on its customers, it shall order a hearing to be held before it at a time and place specified.

(2) Notice of the hearing must be published in a newspaper as provided in 7-1-4127 .

(3) The notice must be:

(a) published for a time period in accordance with 7-1-4127 (7)(b); and

(b) mailed at least 7 days and not more than 30 days prior to the hearing to persons served by the utility. The mailed notice must contain an estimate of the amount the customer's average bill will increase.

(4) The published notice must contain:

(a) the date, time, and place of the hearing;

(b) a brief statement of the proposed action; and

(c) the address and telephone number of a person who may be contacted for further information regarding the hearing.

(5) Notice of all hearings shall be mailed first class, postage prepaid, to the Montana consumer counsel.

(6) (a) If the proposed increase in the rates, fees, or charges imposed by the municipality is the result of the establishment of or change in rates, fees, or charges imposed by a regional authority of which the municipality is a customer and the authority is required to hold a public hearing pursuant to 75-6-326 , the governing body of the municipality shall:

(i) mail notice of the public hearing to be held by the authority to all persons served by the municipality at least 15 days before the public hearing; and

(ii) provide notification to all persons served by the municipality at least 10 days prior to the enactment of the ordinance or adoption of the resolution implementing the increase.

(b) The municipality is not required to hold a public hearing in connection with the increase.

(7) If a regional authority is not required to hold a public hearing as provided in 75-6-326 (9), the municipality is subject to the hearing requirements of this section.
Mont. Code Ann. § 69-1-113 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-113
69-1-113 Removal or suspension of commissioner
Status: in_force

69-1-113 . Removal or suspension of commissioner. If a commissioner fails to perform the commissioner's duties as provided in this title, the commissioner may be removed from office as provided by 45-7-401 . Upon complaint made and good cause shown, the governor may suspend any commissioner, and if, in the governor's judgment the exigencies of the case require, the governor may appoint temporarily some competent person to perform the duties of the suspended commissioner during the period of the suspension.
Mont. Code Ann. § 69-14-1202 — MT Code / Title 69 / Chapter 14 / Part 12 / Section 69-14-1202
69-14-1202 Purpose
Status: in_force

69-14-1202 . Purpose. The purpose of this part is to:

(1) better inform the public of current widespread vandalism that takes place on railroad property and the cost of that vandalism that must ultimately be borne by shippers;

(2) prevent accidents and injuries to persons who enter railroad property;

(3) prevent acts of vandalism to railroad property that affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees;

(4) protect railroad property and freight in transit; and

(5) otherwise enhance the safety of transportation by railroad.
Mont. Code Ann. § 69-3-1621 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1621
69-3-1621 Security interests in Montana energy impact assistance property
Status: in_force

69-3-1621 . Security interests in Montana energy impact assistance property. (1) The creation, perfection, and enforcement of any security interest in Montana energy impact assistance property to secure the repayment of the principal of and interest on Montana energy impact assistance bonds, amounts payable under any ancillary agreement, and other financing costs are governed by this section.

(2) The following apply to a security interest:

(a) the description or indication of Montana energy impact assistance property in a transfer or security agreement and a financing statement is sufficient only if the description or indication refers to this part and the financing order creating the Montana energy impact assistance property;

(b) a security interest in Montana energy impact assistance property is a continuously perfected security interest and has priority over any other lien, created by operation of law or otherwise, which may subsequently attach to the Montana energy impact assistance property unless the holder of the security interest has agreed in writing otherwise in accordance with Title 30, chapter 9A, part 3;

(c) the priority of a security interest in Montana energy impact assistance property is not affected by the commingling of Montana energy impact assistance property or Montana energy impact assistance revenue with other money. An assignee, bondholder, or financing party has a perfected security interest in the amount of all Montana energy impact assistance property or Montana energy impact assistance revenue that is pledged for the payment of Montana energy impact assistance bonds even if the Montana energy impact assistance property or Montana energy impact assistance revenue is deposited in a cash or deposit account of the electric utility in which the Montana energy impact assistance revenue is commingled with other money, and any other security interest that applies to the other money does not apply to the Montana energy impact assistance revenue.

(d) Neither a subsequent order of the commission amending a financing order as authorized by 69-3-1607 , nor application of an adjustment mechanism as authorized by 69-3-1606 (2)(a)(vi), affects the validity, perfection, or priority of a security interest in or transfer of Montana energy impact assistance property.

(2) (a) A security interest in Montana energy impact assistance property is created, valid, and binding as soon as:

(i) the financing order that describes the Montana energy impact assistance property is issued;

(ii) a security agreement is executed and delivered; and

(iii) value is received for the Montana energy impact assistance bonds.

(b) Once a security interest in Montana energy impact assistance property is created, the security interest attaches without any physical delivery of collateral or any other act. The lien of the security interest is valid, binding, and perfected under Title 30, chapter 9A, part 3, against all parties having claims of any kind in tort, contract, or otherwise against the person granting the security interest, regardless of whether the parties have notice of the lien, upon the filing of a financing statement with the secretary of state.

(3) A valid and enforceable security interest in Montana energy impact assistance property is perfected only when it has attached and when a financing order has been filed with the secretary of state in accordance with procedures that the secretary of state may establish. The financing order must name the pledgor of the Montana energy impact assistance property as debtor and identify the property.
Mont. Code Ann. § 69-12-501 — MT Code / Title 69 / Chapter 12 / Part 5 / Section 69-12-501
69-12-501 Rate schedules to be maintained
Status: in_force

69-12-501 . Rate schedules to be maintained. (1) A Class A motor carrier issued a certificate shall maintain on file with the commission, if applicable, a full and complete schedule of its rates, fares, charges, classifications, and rules of service and any and all tariff provisions relating to rates, fares, charges, classifications, or rules. A schedule on file and approved on March 7, 1961, remains in full force and effect until changed or modified by the commission or by the carrier with the approval of the commission.

(2) A change, modification, alteration, increase, or decrease in any rate, fare, charge, classification, or rule of service may not be made by a motor carrier without first obtaining the approval of the commission. The commission shall prescribe rules providing for the form and style of all schedules and tariffs and for the procedures to be followed in filing or publishing any changes or modifications of schedules and tariffs.
Mont. Code Ann. § 69-13-301 — MT Code / Title 69 / Chapter 13 / Part 3 / Section 69-13-301
69-13-301 Records and reports
Status: in_force

69-13-301 . Records and reports. (1) Common carriers 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 shall make and publish their tariffs under rules that may be prescribed by the commission. The commission shall require the common carriers to make reports and may investigate their books and records kept in connection with the business.

(2) The commission shall require common carrier pipelines to make monthly reports, duly verified under oath, of the total quantities 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 owned by the pipelines, of the quantities held by them in storage for others, and of their unfilled storage capacity. Publicity may not be given by the commission to the reports as to stock 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 on hand of any particular pipeline, but the commission in its discretion may make public the aggregate amounts held by all the pipelines making the reports and of their aggregate storage capacity.
Mont. Code Ann. § 69-9-101 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-101
69-9-101 Void
Status: in_force

69-9-101 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-14-705 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-705
69-14-705 Application of provisions dealing with crossings
Status: in_force

69-14-705 . Application of provisions dealing with crossings. The provisions of 69-14-702 through 69-14-706 shall only apply to grazing country.
Mont. Code Ann. § 69-1-104 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-104
69-1-104 Public service commission districts
Status: in_force

69-1-104 . Public service commission districts. (1) In this state there are five public service commission districts, with one commissioner elected from each district. Districts are based on the house districts submitted as part of the redistricting plan to the secretary of state pursuant to Article V, section 14, of the Montana constitution. The house districts are distributed as follows:

(a) first district: 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 43, 44, 45;

(b) second district: 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 61, 62;

(c) third district: 37, 60, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78, 79, 85, 86;

(d) fourth district: 1, 2, 6, 8, 9, 10, 12, 13, 14, 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 100; and

(e) fifth district: 3, 4, 5, 7, 11, 15, 16, 17, 18, 24, 25, 76, 80, 81, 82, 83, 84, 91, 92, 99.

(2) During a legislative session and following the receipt of the latest official final decennial census data, the legislature:

(a) shall evaluate existing commission districts;

(b) may adjust commission boundaries to comply with the United States constitution;

(c) shall prepare and adopt a final commission district map; and

(d) shall file the final commission district map with the secretary of state.
Mont. Code Ann. § 69-14-931 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-931
69-14-931 Definitions
Status: in_force

69-14-931 . Definitions. As used in 69-14-932 and this section, the following definitions apply:

(1) "Fair market value" means:

(a) the price negotiated between the parties under 69-14-932 ; or

(b) the appraised value as determined by a certified appraisal under 69-14-932 .

(2) "Leaseholder" means a person who holds a lease or permit with respect to land adjacent to a railroad right-of-way and who has constructed or owns buildings on the land that have an appraised value of $5,000 or more.

(3) "Right-of-way" means land upon which a railroad has or has had tracks.
Mont. Code Ann. § 69-14-704 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-704
69-14-704 Openings under trestles
Status: in_force

69-14-704 . Openings under trestles. The railroad company, lessee, person, or company operating any railroad, in addition to the openings required by 69-14-702 , shall leave unfenced any places where the railroad runs over trestles that are sufficiently high for cattle to go underneath the same.
Mont. Code Ann. § 69-2-302 — MT Code / Title 69 / Chapter 2 / Part 3 / Section 69-2-302
69-2-302 Electric facilities provider -- wildfire -- wildfire mitigation plan approval
Status: in_force

69-2-302 . Electric facilities provider -- wildfire -- wildfire mitigation plan approval. (1) An electric facilities provider shall prepare a wildfire mitigation plan in accordance with this section and submit the plan to its approval authority and commence implementation of its wildfire mitigation plan no later than December 31, 2025. An electric facilities provider shall resubmit an updated or subsequent wildfire mitigation plan to its approval authority at least every 3 years.

(2) A wildfire mitigation plan must include a description of:

(a) areas in which the electric facilities provider has electric facilities or electric transmission and distribution activities that may be subject to a heightened risk of wildfire;

(b) the strategies and programs that the electric facilities provider will use to inspect, maintain, repair, and operate its electric facilities;

(c) the strategies and programs that the electric facilities provider will use to perform vegetation management;

(d) the strategies for modifications or upgrades to electric facilities and preventative programs that the electric facilities provider will employ to reduce the risk of its electric facilities igniting a wildfire;

(e) the strategies and methods for de-energizing power lines and modifying electric facility operations to mitigate potential wildfires taking into consideration the ability of the electric facilities provider to reasonably access the proposed electric facility to be de-energized, the balance of the risk of wildfire with the need for continued supply of electricity to a community, and any potential impact to public safety, first responders, and health and communications infrastructure;

(f) the methods the electric facilities provider intends to use to restore its electrical system in the event systems are de-energized for the prevention of a wildfire;

(g) the estimated incremental costs associated with implementing the plan, including system improvements and upgrades for a regulated utility;

(h) community outreach and public awareness efforts before and during a wildfire season; and

(i) potential participation, if applicable, with state or local wildland fire protection plans or wildfire mitigation plans.

(3) An electric cooperative must present incremental costs associated with implementing a wildfire mitigation plan to its approval authority for consideration when reviewing the plan. However, those costs may not be a part of the wildfire mitigation plan itself.

(4) For the purposes of this part, the approval authority for an electric facilities provider's wildfire mitigation plan shall:

(a) initially review an electric facilities provider's wildfire mitigation plan;

(b) consider any input from a federal, tribal, state, or local entity, or other interested persons during a public comment period not to exceed 45 days; and

(c) after a public meeting and no more than 60 days after the close of public comment:

(i) approve the wildfire mitigation plan or identify any deficiencies in the plan; and

(ii) provide required modifications in writing with the opportunity for the electric facilities provider to correct the deficiencies and resubmit the plan for approval.

(5) The department and Montana disaster and emergency services shall review a wildfire mitigation plan submitted to the commission and within the public comment period provide comments and recommendations regarding aspects of the plan within each of their jurisdictions.

(6) The approval authority shall approve the wildfire mitigation plan if the approval authority determines the wildfire mitigation plan contains the required components in subsection (2), is in the public interest, and reasonably balances the incremental costs of implementing the plan with the risk of a potential wildfire.

(7) No later than June 1 of each year, the electric facilities provider shall submit to its approval authority a report summarizing the electric facilities provider's wildfire mitigation efforts and compliance with its currently authorized wildfire mitigation plan.

(8) For any jointly owned electric facilities, the operator shall prepare and implement the required wildfire mitigation plan for the jointly owned electric facilities. If an owner of a jointly owned electric facility is a regulated utility, the commission is the approval authority whether or not the operator is a regulated utility. The operator's submission and implementation of a wildfire mitigation plan as required by this subsection satisfies the obligations under this section for the jointly owned electric facility only.

(9) In accordance with the Montana Administrative Procedure Act, the commission may make any necessary rules establishing procedures for the review and comment on a regulated utility's wildfire mitigation plan, including for the appointment of a technical master to determine whether the wildfire mitigation plan contains the required components in subsection (2).

(10) Nothing in this section may be construed to create a new liability, basis for claim, or separate legal cause of action arising from the review or approval of a wildfire mitigation plan when none would exist otherwise.
Mont. Code Ann. § 69-5-109 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-109
69-5-109 Special provisions for annexed areas
Status: in_force

69-5-109 . Special provisions for annexed areas. (1) Electric facilities providers providing electric service facilities in or near areas that are incorporated municipalities having a population in excess of 3,500 persons and having annexed areas since 1985 or having existing municipal planning zones on May 2, 1997, shall enter into agreements dividing the annexed and planning zone areas into exclusive service territories and shall submit the agreements to the commission for approval, pursuant to this part.

(2) The agreements do not apply to electric service facilities with loads of 400 kilowatts or greater. Agreements must be based on the location of facilities in place on May 2, 1997.

(3) If electric facilities providers have failed to negotiate agreements within 1 year from May 2, 1997, the commission shall divide the annexed and planning zone areas into exclusive service territories, using the considerations pursuant to 69-5-112 .

(4) Until agreements are final, electric service facilities to new customers will be provided pursuant to 69-5-105 .
Mont. Code Ann. § 69-3-711 — MT Code / Title 69 / Chapter 3 / Part 7 / Section 69-3-711
69-3-711 Criteria for allowable conservation and demand-side management programs -- onsite audits
Status: in_force

69-3-711 . Criteria for allowable conservation and demand-side management programs -- onsite audits. (1) The commission shall approve cost-effectiveness criteria for conservation that may be placed into a utility's rate base under this part and demand-side management programs in accordance with 69-3-1201 through 69-3-1209 .

(2) The commission may conduct onsite energy audits to ensure compliance with the criteria established under subsection (1).
Mont. Code Ann. § 69-5-201 — MT Code / Title 69 / Chapter 5 / Part 2 / Section 69-5-201
69-5-201 Definitions
Status: in_force

69-5-201 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Electric transmission line" means a line, substation, or associated equipment used to convey electrical energy connected to transmission facilities that is energized at 115 kilovolts or more phase to phase.

(b) The term does not include an electric transmission line used solely to connect an energy generation facility to transmission facilities owned by an incumbent electric utility.

(2) "Federally registered planning authority" means a regional transmission organization responsible for moving electricity, planning for the movement of electricity, or both over large interstate areas registered with the federal energy regulatory commission.

(3) (a) "Incumbent electric utility" means a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees, that owned, controlled, or operated transmission facilities on or before January 1, 2017.

(b) The term does not include a public utility regulated by the public service commission pursuant to Title 69, chapter 3.

(4) "Transmission facilities" means facilities that are used to provide transmission services and are owned, controlled, or operated by an incumbent electric utility.
Mont. Code Ann. § 69-3-847 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-847
69-3-847 Wholesale pricing standards
Status: in_force

69-3-847 . Wholesale pricing standards. (1) Except as provided in subsection (2), if the commission is requested by a telecommunications carrier to establish wholesale prices for services provided by a telecommunications carrier, the commission may not establish a wholesale price using a default proxy discount value to be applied to the applicable retail price. The commission shall establish wholesale prices using company-specific costs.

(2) This section does not apply to the prices, terms, and conditions of a final or interim arbitrated interconnection agreement, arbitration decision, or appeal from an agreement or decision if the request for arbitration was filed on or before March 1, 1997.
Mont. Code Ann. § 69-4-503 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-503
69-4-503 Notification -- locating and marking
Status: in_force

69-4-503 . Notification -- locating and marking. (1) Before beginning an excavation, the excavator shall notify, through a notification center, all owners of underground facilities in the area of the proposed excavation. Except as provided in subsection (9), notifications are limited to excavation work intended to commence within 10 days and completed within 30 days of the notification.

(2) An excavator shall provide adequate information to the owners of underground facilities in order to locate and mark the location of underground facilities.

(a) Adequate information must allow the person completing the locate to determine the area where the proposed excavation will occur. The information may include but is not limited to marking the path of the proposed excavation with white paint, marking the path of the proposed excavation with white flagging, or other clear marking that allows a person to determine the path of the proposed excavation.

(b) If the person completing the locate is unable to determine the path of the proposed excavation based on markings or other communications with the excavator, the excavator shall meet with the person completing the locate at the site where the excavation is proposed.

(3) After an excavator has notified the appropriate notification center of a proposed excavation, an owner of an underground facility shall:

(a) except as provided in subsection (3)(b) and in accordance with subsection (5), locate and mark the location within 2 business days;

(b) locate and mark the location within 5 business days or within 5 business days of a date agreed to after a meeting between the person conducting the locate and the excavator at the site where the excavation is proposed, if the locate is required for an engineering locate request; or

(c) respond as soon as practicable if the excavator notifies the notification center that an emergency exists.

(4) (a) After an underground facility owner locates and marks the location of underground facilities, the excavator shall determine if weather, time, or other factors may have affected location marks, warranting relocation of the facilities.

(b) Except as provided in subsection (9), if excavation has not occurred within 30 days of the location and marking being completed, the excavator shall request that the underground facility be located and marked again before excavating.

(c) (i) If an excavation has not occurred at a site within 30 days of the locate and mark being completed on two occasions and an excavator makes a third request for locate, the excavator is responsible for costs associated with the subsequent location and marking of the underground facility.

(ii) If an excavator disputes the costs required in subsection (4)(c)(i), the excavator has the burden of proof or must demonstrate circumstances beyond the excavator's control delayed the excavation.

(5) Upon receipt of the notice provided for in this section, the underground facility owner shall provide the excavator with reasonably accurate information as to the owner's locatable underground facilities by surface locating and marking the location of the facilities. If there are identified but unlocatable underground facilities, the underground facility owner shall provide the excavator with the best available information as to their locations. If an underground facility owner has knowledge of prior existing oil and gas development, an underground facility owner shall advise the excavator of the activity, and an excavator shall proceed in accordance with subsection (8). An excavator who proceeds in accordance with subsection (8) is not responsible for damages to an underground facility that cannot be located by the underground facility owner. After a locate is complete, the excavator is responsible for preserving the markings.

(6) If an excavator discovers an underground facility that has not been located and marked, the excavator shall stop excavating in the vicinity of the facility and notify the underground facility owner or the notification center.

(7) An underground facility owner may attempt to identify the location of a private underground facility connected to the owner's facility, but the underground facility owner is not liable for the accuracy of the locate.

(8) The act of obtaining information as required by this part does not excuse an excavator making any excavation from doing so in a careful and prudent manner or excuse the excavator from liability for any damage or injury resulting from the excavator's negligence.

(9) If an excavator makes an agricultural locate request for soil probing or testing, new underground facilities have not been buried or placed in the area encompassed by the locate, and the request duplicates a locate and mark completed in the last 12 months, the excavation work limitations in subsection (1) do not apply. The excavator shall provide the duplicate locate and mark information to the notification center prior to excavation, and a new locate and mark may be required.
Mont. Code Ann. § 69-4-301 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-301
69-4-301 Short title
Status: in_force

69-4-301 . Short title. This part shall be known and cited as the "Underground Conversion of Utilities Law".
Mont. Code Ann. § 69-3-1301 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1301
69-3-1301 Purpose
Status: in_force

69-3-1301 . Purpose. The purpose of this part is to prohibit telecommunications carriers, including entities not otherwise regulated by the commission, from switching a customer's telecommunications services from one telecommunications carrier to another without the customer's consent and to prohibit charges for a product or service not requested by or provided to the customer from being placed on the customer's telephone bill.
Mont. Code Ann. § 69-14-103 — MT Code / Title 69 / Chapter 14 / Part 1 / Section 69-14-103
69-14-103 Interpretation
Status: in_force

69-14-103 . Interpretation. This chapter shall not have the effect of releasing or waiving any right of action by the state or any person for any right, penalty, or forfeiture which may arise under any law of this state. All penalties accruing under this part are cumulative to each other, and a suit for or recovery of one is not a bar to the recovery of any other penalty.
Mont. Code Ann. § 69-14-923 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-923
69-14-923 Demurrage not to accrue during repairs
Status: in_force

69-14-923 . Demurrage not to accrue during repairs. It is further provided that no demurrage shall accrue or be collected for the time elapsing while such car or cars are being repaired or cleaned or coopered in accordance herewith.
Mont. Code Ann. § 69-3-840 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-840
69-3-840 Determination of eligible carrier status -- universal service support
Status: in_force

69-3-840 . Determination of eligible carrier status -- universal service support. (1) The commission is authorized to designate telecommunications carriers as eligible for federal universal service support, in accordance with 47 U.S.C. 214(e)(1) and 47 U.S.C. 254, and for any Montana universal service funds. This authorization applies to all telecommunications carriers notwithstanding the carrier's exemption from further regulation by the commission.

(2) Upon the petition of a telecommunications carrier or upon its own motion, the commission shall designate a telecommunications carrier that meets the requirements of 47 U.S.C. 214(e)(1) as an eligible telecommunications carrier for a service area designated by the commission. In the case of an area served by a rural telephone company, the term "service area" means the company's "study area" for federal universal service support unless the federal communications commission and the commission, after taking into account recommendations of a federal-state joint board instituted under 47 U.S.C. 410(c), establish a different definition of service area for the company. The term "service area" for all other telecommunications carriers means a geographic area, such as a census block or grid block, as established by the commission for the purpose of determining federal universal service obligations and support mechanisms.

(3) Upon receiving a petition from a telecommunications carrier and consistent with the public interest, convenience, and necessity, the commission may, in the case of an area served by a rural telephone company, and shall, in the case of all other areas, designate more than one telecommunications carrier for a service area, so long as each additional requesting telecommunications carrier meets the requirements of 47 U.S.C. 214(e)(1). Before designating an additional eligible telecommunications carrier for an area served by a rural telephone company, the commission shall find that the designation is in the public interest.

(4) If no telecommunications carrier will provide the services that are supported by universal service support mechanisms under 47 U.S.C. 254(c) to all or a part of an unserved community that requests service, the commission shall determine which telecommunications carrier is best able to provide the service to the requesting unserved community. Any telecommunications carrier ordered to provide service under this section shall meet the requirements of 47 U.S.C. 214(e)(1) and must be designated as an eligible telecommunications carrier for that community or the unserved portion of the community.

(5) The commission shall permit an eligible telecommunications carrier to relinquish its designation as an eligible telecommunications carrier in any area served by more than one eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the commission of the relinquishment. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the commission shall require the remaining eligible telecommunications carrier to ensure that all customers served by the relinquishing carrier will continue to be served and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier. The commission shall establish a time, not to exceed 1 year after the commission approves relinquishment under this section, within which the purchase or construction must be completed.
Mont. Code Ann. § 69-3-503 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-503
69-3-503 Prompt consideration of petition
Status: in_force

69-3-503 . Prompt consideration of petition. All applications to the commission hereunder shall be disposed of promptly and in any event within 30 days after petition is filed with the commission unless, for good cause, it is necessary to continue consideration thereof for a longer period. Whenever such application is continued beyond said 30-day period, the commission shall enter its order effecting such continuance and stating fully therein the facts requiring continuance for a designated period of time.
Mont. Code Ann. § 69-7-201 — MT Code / Title 69 / Chapter 7 / Part 2 / Section 69-7-201
69-7-201 Rules for operation of municipal utility
Status: in_force

69-7-201 . Rules for operation of municipal utility. Each municipal utility shall adopt, with the concurrence of the municipal governing body, rules for the operation of the utility. The rules shall contain, at a minimum, those requirements of good practice which can be normally expected for the operation of a utility. They shall define or provide for use of meter or flat-rate user charges, the classification of users, applications for service, and uses of the service. The rules shall outline the utility's procedure for discontinuance of service and reestablishment of service as well as the extension of service to users within the municipal boundaries and outside the municipal boundaries. The rule shall provide that rate increases for comparable classifications and zones outside the municipal boundaries may not exceed those set within the municipal limits under the provisions of this chapter.
Mont. Code Ann. § 69-12-327 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-327
69-12-327 Revocation of certificate -- right of review
Status: in_force

69-12-327 . Revocation of certificate -- right of review. (1) If it appears that a certificate holder is violating or refusing to observe any of the commission's orders or rules or any provision of Title 69, as amended, the commission may issue an order to the certificate holder to show cause why the certificate should not be revoked. If the certificate holder fails to appear to show cause as ordered by the commission, the certificate may be revoked without a hearing. If the holder does appear to show cause, the commission may:

(a) dismiss the proceeding, notifying the holder that the certificate is not revoked; or

(b) hold a hearing on the question of revocation, notifying the holder of the time and place for the hearing.

(2) The holder of any such certificate or privilege shall have all rights of rehearing and review as to such order of the commission as is provided in this chapter.
Mont. Code Ann. § 69-4-523 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-523
69-4-523 Tort liability for underground facility damage
Status: in_force

69-4-523 . Tort liability for underground facility damage. (1) (a) Except as provided in subsection (1)(b), an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility.

(b) If an underground facility is damaged because an underground facility owner failed to complete a locate in accordance with 69-4-503 or provided an inaccurate locate or marks, the underground facility owner who failed to complete the locate or provided an inaccurate locate or marks is responsible for the entire cost of the repair of the underground facility.

(c) Liability in accordance with this subsection (1) is not a bar to other appropriate civil remedies for damages.

(2) Paying a civil penalty in accordance with this part is not:

(a) an admission of liability; or

(b) a bar to other appropriate civil remedies.

(3) If a person damages an underground facility and there is a release of gas or a hazardous liquid, the person shall call 9-1-1 immediately and request emergency services.

(4) If an excavator damages an underground facility, the excavator shall:

(a) immediately make a 9-1-1 call and request emergency services, if the underground facility is a jurisdictional pipeline and there is a release of gas or a hazardous liquid; and

(b) as soon as practicable, contact the owner of the underground facility. If the excavator is unable to reach the underground facility owner, the excavator shall contact the proper notification center.

(5) This section may not be construed to require the involvement of the department in civil remedies for damages.
Mont. Code Ann. § 69-3-1002 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1002
69-3-1002 Eligibility -- rules
Status: in_force

69-3-1002 . Eligibility -- rules. (1) A residential subscriber with single telephone line service at the subscriber's principal residence is eligible for low-income telephone assistance if the subscriber is certified by the department of public health and human services as a recipient of medicaid benefits.

(2) The department shall periodically certify and verify the eligibility of a subscriber to receive low-income telephone assistance.

(3) The department may adopt rules to establish procedures for the certification and verification of eligible subscribers.
Mont. Code Ann. § 69-3-1101 — MT Code / Title 69 / Chapter 3 / Part 11 / Section 69-3-1101
69-3-1101 Purpose
Status: in_force

69-3-1101 . Purpose. The purpose of this part is to provide aggrieved customers and the commission a course of action against operator service providers that charge customers exorbitant rates for intrastate calls from a pay telephone or certain other telephones in commercial establishments and public facilities and to ensure that customers are fully aware of which charges on their monthly bill are owed to an operator service provider and of how a customer can reach the operator service provider for the purpose of contesting the amount charged.
Mont. Code Ann. § 69-14-1206 — MT Code / Title 69 / Chapter 14 / Part 12 / Section 69-14-1206
69-14-1206 Theft of railroad freight -- receiving stolen railroad freight
Status: in_force

69-14-1206 . Theft of railroad freight -- receiving stolen railroad freight. (1) A person commits the offense of theft of railroad freight if the person takes railroad freight by theft, as established in 45-6-301 (1).

(2) A person commits the offense of receiving stolen railroad freight if the person obtains stolen railroad freight by theft, as established in 45-6-301 (3).

(3) A person convicted of the offense of theft of railroad freight or the offense of receiving stolen railroad freight shall be fined an amount not to exceed $5,000 or be incarcerated for a term not to exceed 5 years, or both.
Mont. Code Ann. § 69-3-823 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-823
69-3-823 Exception
Status: in_force

69-3-823 . Exception. Nothing in this part affects the exemption from regulation provided by 35-18-104 .
Mont. Code Ann. § 69-3-501 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-501
69-3-501 Regulation of issuance of securities and creation of liens by utilities
Status: in_force

69-3-501 . Regulation of issuance of securities and creation of liens by utilities. (1) Whenever a public utility furnishing electric or gas service in the state has revenue derived from sources in Montana which exceeds $5 million or 5% of its gross revenue, the utility's right to issue, assume, or guarantee securities and to create liens on its property in the state is subject to the regulation and supervision of the commission, as set forth in this part.

(2) The public utility, when authorized by order of the commission and not otherwise, may issue stocks and stock certificates and may issue, assume, or guarantee other securities payable at periods of more than 12 months thereafter for the following purposes:

(a) the acquisition of property;

(b) the construction, completion, extension, or improvement of its facilities;

(c) the improvement or maintenance of its service;

(d) the discharge or lawful refunding of its obligations;

(e) the reimbursement of money actually expended for said purposes from income or from other money; or

(f) any other purpose approved by the commission.
Mont. Code Ann. § 69-14-603 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-603
69-14-603 Railroad crossings in unincorporated towns or villages
Status: in_force

69-14-603 . Railroad crossings in unincorporated towns or villages. In any unincorporated community ordinarily known as a village or town where the public necessity and convenience require a railroad crossing at the intersection of the railroad with any street or highway, whether lawfully established or otherwise, which is commonly used by the public, the board of county commissioners of the county may order the construction and maintenance of such railroad crossing. Upon such order becoming final and effective, it shall be the duty of the railroad company to construct and maintain in proper condition a good and safe crossing. The board of county commissioners may order more than one railroad crossing in such unincorporated community, as provided in this section, when the public necessity and convenience require more than one such crossing to afford reasonable facilities for public travel.
Mont. Code Ann. § 69-4-304 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-304
69-4-304 Exclusion for high-voltage transmission lines
Status: in_force

69-4-304 . Exclusion for high-voltage transmission lines. Electric facilities do not include any facilities used or intended to be used for the transmission of electrical energy at nominal voltages in excess of 25,000 volts.
Mont. Code Ann. § 69-14-1101 — MT Code / Title 69 / Chapter 14 / Part 11 / Section 69-14-1101
69-14-1101 Definitions
Status: in_force

69-14-1101 . Definitions. As used in this part, the following definitions apply:

(1) "Buyer" means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, or other agreement, to continue the commercial transportation of goods or passengers.

(2) "Labor organization" means any organization or association of any kind in which employees participate and that exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment.

(3) "Seller" means a person, corporation, association, or business entity that transfers a line of railroad by sale, lease, or other agreement.

(4) "Transaction" means the limited purchase, sale, or transfer of part of a line of railroad that will be operated by a common rail carrier.
Mont. Code Ann. § 69-5-101 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-101
69-5-101 Short title
Status: in_force

69-5-101 . Short title. This part is known and may be cited as the "Territorial Integrity Act".
Mont. Code Ann. § 69-14-903 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-903
69-14-903 Court action to resolve differences
Status: in_force

69-14-903 . Court action to resolve differences. (1) In case the amount so named in the application and tendered is not accepted and the parties cannot agree on the amount to be paid for such right, privilege, and easement, the same shall be ascertained, assessed, and determined by proceedings in the district court of the county in which the station or siding at which the right, privilege, and easement sought is situated. The court is hereby given full jurisdiction in the premises and shall at all times be deemed open and in session for the purposes of 69-14-901 through 69-14-911 .

(2) Proceedings in the district court shall be instituted and carried on as provided in 69-14-904 .
Mont. Code Ann. § 69-3-1105 — MT Code / Title 69 / Chapter 3 / Part 11 / Section 69-3-1105
69-3-1105 Operator service provider liability -- penalty -- costs and fees entitlement -- jurisdiction
Status: in_force

69-3-1105 . Operator service provider liability -- penalty -- costs and fees entitlement -- jurisdiction. (1) An operator service provider that charges a customer more than the allowable rate is liable:

(a) to the customer for three times the cost of the call charged to the customer or $500, whichever is greater; and

(b) to the state for the penalty prescribed in 69-3-206 , for other commission enforcement actions pursuant to 69-3-110 , and for a violation of applicable rules authorized by 69-3-1103 .

(2) In a suit or enforcement action brought against an operator service provider, the prevailing party is entitled to recover costs and attorney fees in a sum that the court finds reasonable.

(3) A customer has the right to seek remedy in a Montana court.
Mont. Code Ann. § 69-4-602 — MT Code / Title 69 / Chapter 4 / Part 6 / Section 69-4-602
69-4-602 Notice of move -- cost estimate
Status: in_force

69-4-602 . Notice of move -- cost estimate. (1) The person, firm, or corporation moving a house, building, derrick, or other structure shall give the person, firm, or corporation owning or controlling the wires, cables, or poles affected by the movement of a structure, at both the person's, firm's, or corporation's principal office and nearest office within the state, not less than 10 days' written notice of the proposed time and place of moving a structure.

(2) The owner of the wires, cables, or poles shall give the mover a written estimate of the total cost of all work related to cutting or raising the wires or cables or moving the poles, including travel time, at least 3 days prior to the move or within 10 days after receipt of the written notice of the move, whichever time comes sooner.

(3) The estimate of the total cost required under this section must be developed in accordance with the cost schedule filed as provided in subsection (4).

(4) A public utility, cable television company, or unregulated telecommunications provider with wires, cables, or poles in Montana shall file with the commission, by April 1 of each year, an application for approval of a cost schedule for labor and equipment for all work related to cutting or raising wires or cables or moving poles. The cost schedule is effective on a temporary basis, subject to a rebate and a surcharge as provided in 69-3-304 , 30 days after the filing of a cost schedule and pending a final order of the commission, unless the commission first determines that the cost schedule is above cost.
Mont. Code Ann. § 69-8-802 — MT Code / Title 69 / Chapter 8 / Part 8 / Section 69-8-802
69-8-802 Electric vehicle charging stations -- rate approval
Status: in_force

69-8-802 . Electric vehicle charging stations -- rate approval. (1) A public utility may provide electric service to an electric vehicle charging station under a rate approved by the commission. A public utility electing to provide such service shall apply to the commission for an approved rate before agreeing to provide the service to a customer.

(2) Any rate for providing electric service to an electric vehicle charging station must be designed by the commission to fully recover from the electric charging station customer the full cost of providing the service without subsidization from other customers or customer classes.
Mont. Code Ann. § 69-8-426 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-426
69-8-426 Use of generation assets
Status: in_force

69-8-426 . Use of generation assets. Generation assets acquired by a public utility pursuant to this chapter:

(1) must be used by the public utility to serve and benefit customers within the public utility's Montana service territory; and

(2) may not be removed from the rate base unless the commission finds that customers of the public utility will not be adversely affected.
Mont. Code Ann. § 69-14-714 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-714
69-14-714 Payment of claim -- penalty
Status: in_force

69-14-714 . Payment of claim -- penalty. Upon determining liability for the amount of the value of an animal killed or maimed under the circumstances described in 69-14-701 , the railroad corporation shall pay the plaintiff within 30 days. Upon failure to pay the plaintiff within 30 days, interest at a rate of 10% a year accrues on the amount due until the claim is paid.
Mont. Code Ann. § 69-3-833 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-833
69-3-833 Rulemaking authority
Status: in_force

69-3-833 . Rulemaking authority. The commission may adopt rules of procedure to implement 69-3-836 through 69-3-840 .
Mont. Code Ann. § 69-12-201 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-201
69-12-201 Supervision and regulation of motor carriers
Status: in_force

69-12-201 . Supervision and regulation of motor carriers. (1) The commission has the power and authority and it is its duty to:

(a) supervise and regulate every motor carrier in this state;

(b) fix, alter, regulate, and determine specific, just, reasonable, equal, nondiscriminatory, and sufficient rates, fares, charges, and classifications for Class A motor carriers;

(c) regulate the properties, facilities, operations, accounts, service, practices, and affairs of all motor carriers;

(d) require the filing of annual and other reports, tariffs, schedules, or other data by motor carriers;

(e) supervise and regulate motor carriers in all matters affecting the relationship between motor carriers and the traveling and shipping public.

(2) The commission may, by general order or otherwise, prescribe rules in conformity with this chapter and applicable to any and all motor carriers.
Mont. Code Ann. § 69-8-215 — MT Code / Title 69 / Chapter 8 / Part 2 / Section 69-8-215
69-8-215 Ratepayer and shareholder protection
Status: in_force

69-8-215 . Ratepayer and shareholder protection. (1) Rates established pursuant to Title 69, chapter 3, part 3, may not allow for the recovery of any portion of a civil judgment in a lawsuit arising out of litigation brought by the shareholders of a predecessor in interest against:

(a) the predecessor in interest;

(b) the officers or directors of the predecessor in interest;

(c) the legal advisers or consultants to the predecessor in interest; or

(d) any successor of the predecessor in interest, including a successor in interest.

(2) (a) Subject to subsection (3), an entity subject to regulation under Title 69, including the entity's subsidiaries and affiliates, may not be made a party to litigation brought by the shareholders of a predecessor in interest against:

(i) the predecessor in interest;

(ii) the officers or directors of the predecessor in interest;

(iii) the legal advisers or consultants to the predecessor in interest; or

(iv) any successor of the predecessor in interest that is not a successor in interest.

(b) Except as provided in subsection (3), an entity subject to regulation under Title 69 may not be held liable for a civil judgment entered against:

(i) a predecessor in interest;

(ii) the officers or directors of a predecessor in interest;

(iii) the legal advisers or consultants to a predecessor in interest; or

(iv) any successor of a predecessor in interest that is not a successor in interest.

(3) Subsection (2) does not apply:

(a) to a successor of a public utility regulated by the public service commission pursuant to Title 69, chapter 3, on May 2, 1997, whose shareholders received stock as a result of the sale of a public utility; or

(b) if the liabilities resulting from, related to, or arising out of a reorganization, restructuring, or plan of merger were explicitly assumed by written contract to be the liabilities of the successor to the predecessor in interest.

(4) For the purposes of this section:

(a) "predecessor in interest" means a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, in which an interest was purchased through an arm's-length transaction in which the market value of the public utility property purchased was paid for in cash, debt assumption, or a combination of cash and debt assumption; and

(b) "successor in interest" means the purchaser of all or a portion of a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, through an arm's-length transaction in which the market value of the public utility property purchased was paid for in cash, debt assumption, or a combination of cash and debt assumption.
Mont. Code Ann. § 69-4-404 — MT Code / Title 69 / Chapter 4 / Part 4 / Section 69-4-404
69-4-404 Costs of relocation
Status: in_force

69-4-404 . Costs of relocation. The costs of relocating an overhead utility line as ordered under 69-4-403 must be paid by the owner of the land.
Mont. Code Ann. § 69-8-412 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-412
69-8-412 Funds established -- fund administrators designated -- purpose of funds -- department rulemaking authority to administer funds
Status: in_force

69-8-412 . Funds established -- fund administrators designated -- purpose of funds -- department rulemaking authority to administer funds. (1) If, pursuant to 69-8-402 (2)(g) or (5)(d), there is any positive difference between credits and the annual funding requirement, the department of revenue shall establish one or both of the following funds:

(a) a fund to provide for universal system benefits programs other than low-income energy assistance. The department of environmental quality shall administer this fund.

(b) a fund to provide universal low-income energy assistance. The department of public health and human services shall administer this fund.

(2) The purpose of these funds is to fund universal system benefits programs.

(3) The department of environmental quality and the department of public health and human services shall expend the money in each representative fund on universal system benefits programs in the utility service territory from which the money was received.

(4) The department of environmental quality and the department of public health and human services may adopt rules that administer and expend the money in each respective fund based on an annual assessment of identified funding needs in the utility service territory from which the money was received. In assessing the funding needs, the departments shall solicit utility and public comment from the utility service territory from which the money was received. The annual assessment must also take into account existing utility and large customer universal system benefits programs expenditures.
Mont. Code Ann. § 69-3-303 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-303
69-3-303 Notice and hearing on proposed change
Status: in_force

69-3-303 . Notice and hearing on proposed change. (1) Except as provided in 69-3-308 , before the commission may approve any change increasing the rate or rates for utility service in a schedule generally affecting consumers in a utility's service area or before any change may become effective due to the passage of 9 months, the commission shall publish a notice of the proposed change, conforming to the requirements of 2-4-601 in one or more newspapers published and of general circulation within the area affected by the proposed change. This notice must announce a hearing on the proposed change and must inform interested persons as to how they may petition the commission to become parties to the hearing.

(2) The commission shall proceed to conduct the hearing under the Montana Administrative Procedure Act. The final decision of the commission in any matter decided after a hearing conducted pursuant to this section must conform to the requirements of a decision in a contested case under the Montana Administrative Procedure Act.

(3) The consumer counsel may petition to become a party to the hearing.
Mont. Code Ann. § 69-3-1620 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1620
69-3-1620 Effect of other laws
Status: in_force

69-3-1620 . Effect of other laws. (1) If any provision of this part conflicts with any other law regarding the attachment, assignment, perfection, effect of perfection, or priority of any security interest in or transfer of Montana energy impact assistance property, the provisions of this part govern.

(2) Nothing in subsection (1) precludes a utility for which the commission has initially issued a financing order from applying to the commission for:

(a) a subsequent financing order amending the financing order as authorized by 69-3-1607 (4); or

(b) approval of the issuance of Montana energy impact assistance bonds to refund all or a portion of an outstanding series of Montana energy impact assistance bonds.
Mont. Code Ann. § 69-3-1309 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1309
69-3-1309 Liability for unauthorized charges on telephone bill -- penalty for violation
Status: in_force

69-3-1309 . Liability for unauthorized charges on telephone bill -- penalty for violation. (1) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated unauthorized charges to be placed on a customer's telephone bill for services or products not provided or authorized or that a billing aggregator has caused unauthorized charges to be forwarded to a billing agent for placement on a telephone bill, the commission may impose a civil fine not to exceed $1,000 for each violation. The fines must be deposited in the state general fund.

(2) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that a carrier or service provider has, with a frequency to indicate a general business practice, initiated unauthorized charges to be placed on a customer's telephone bill for services or products not provided or authorized or that a billing aggregator has caused unauthorized charges to be forwarded to a billing agent for placement on a telephone bill, the commission may take any of the following actions:

(a) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that carrier or service provider to transact business in this state;

(b) prohibit any billing agent that bills directly on behalf of the service provider determined to have engaged in a pattern of violations from placing the service provider's unauthorized charges on a customer's telephone bill;

(c) prohibit a carrier or service provider determined to have engaged in a pattern of violations from initiating unauthorized charges to be placed on a customer's telephone bill;

(d) prohibit a billing aggregator from forwarding that entity's unauthorized charges to a billing agent;

(e) revoke the registration of the service provider or billing aggregator; or

(f) limit the prohibitions under this subsection (2) to a specific period of time. A prohibition under this subsection (2) may be withdrawn upon a showing of good cause.

(3) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a service provider under this section to terminate contractual agreements with that service provider.

(4) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.

(5) A carrier or service provider that purposely or knowingly initiates unauthorized charges to be placed on a customer's telephone bill for services or products not provided to or authorized by the customer or a billing aggregator that causes unauthorized charges to be forwarded to a billing agent for placement on a telephone bill is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212 .
Mont. Code Ann. § 69-12-206 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-206
69-12-206 Investigations by commission
Status: in_force

69-12-206 . Investigations by commission. (1) Any investigation, inquiry, or hearing which the commission has power to undertake or to hold under the provisions of this chapter may be undertaken or held by or before any member of the commission or by and before any agent or examiner of the commission designated for the purpose by the commission. Every finding, order, or decision made by a member of the commission or agent or examiner of the commission so designated, together with a statement in writing of the reasons therefor (which statement must be included in the finding, order, or decision, pursuant to the investigation, inquiry, or hearing) when approved and confirmed by the commission and ordered filed in its office shall be considered the finding, order, or decision of the commission.

(2) An agent or examiner of the commission designated as aforesaid may administer oaths, examine witnesses, and receive evidence.
Mont. Code Ann. § 69-5-122 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-122
69-5-122 Residential utility line extension -- refund
Status: in_force

69-5-122 . Residential utility line extension -- refund. (1) A small customer of an electric utility as defined in 69-5-121 (4)(a) who pays for a portion of the construction of an extension to a residential structure or who advances money to an electric utility as defined in 69-5-121 (4)(a) for a subsequent connection to that extension must receive a refund as provided in subsection (2) if an additional customer connects to the extension.

(2) Each additional customer, prior to the initiation of electric service, shall advance to an electric utility as defined in 69-5-121 (4)(a) an equal proportionate share of the total amount paid for the extension to a residential structure. The electric utility shall refund the advance on a pro rata basis to the small customer who paid for the initial extension or to the small customer who paid for a subsequent connection to that extension. A refund may not be issued after 10 years from the date the initial extension is established.

(3) A small customer who expends funds for an extension to a residential structure may not receive a refund that is greater than the amount necessary to return the small customer to the small customer's proportionate share of the cost of the original extension.

(4) A small customer may receive a refund pursuant to this section only if:

(a) the small customer paid for the initial extension or subsequent connection to the extension pursuant to subsection (1);

(b) at the time the refund is issued, the small customer owns the residential structure to which the extension or subsequent connection to the extension was made; and

(c) the small customer did not hire a contractor to complete the extension pursuant to 69-5-123 .
Mont. Code Ann. § 69-3-1208 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1208
69-3-1208 Resource planning -- advisory committee
Status: in_force

69-3-1208 . Resource planning -- advisory committee. (1) A public utility shall maintain a broad-based advisory committee to review, evaluate, and make recommendations on technical, economic, and policy issues related to a utility's electricity system.

(2) The committee may advise the utility on demand-side management, portfolio planning, and management and procurement completed in accordance with this part.

(3) The utility shall publish the committee membership.

(4) A committee meeting must be open to the public unless the majority of committee members vote to close the advisory meeting.
Mont. Code Ann. § 69-12-104 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-104
69-12-104 Determination of operation between fixed termini or over a regular route
Status: in_force

69-12-104 . Determination of operation between fixed termini or over a regular route. Whether or not a motor vehicle is operated by a motor carrier between fixed termini or over a regular route or otherwise under this chapter is a question of fact to be determined by the commission.
Mont. Code Ann. § 69-1-112 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-112
69-1-112 Prohibition on acceptance of favors from railroads
Status: in_force

69-1-112 . Prohibition on acceptance of favors from railroads. (1) Public service commissioners or their staff may not, directly or indirectly, solicit or request from or recommend to any railroad corporation or any officer, attorney, or agent the appointment of any person to any place or position, and any railroad corporation or its attorney or agent may not offer any place, appointment, or position or other consideration to commissioners or their staff. Commissioners and their staff may not accept, receive, or request any pass from any railroad in this state for themselves or for any other person, except as otherwise provided in 69-1-111 , or any present, gift, or gratuity of any kind from any railroad corporation.

(2) A request or acceptance, except as specified in 69-1-111 , of any place or position, pass, present, gift, or other gratuity referred to in subsection (1) results in forfeiture of the office of the commissioner or the staff requesting or accepting the same. A person violating any of the provisions of this section is guilty of a misdemeanor.
Mont. Code Ann. § 69-14-925 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-925
69-14-925 Enforcement of provisions related to suitable cars for commodity shipments
Status: in_force

69-14-925 . Enforcement of provisions related to suitable cars for commodity shipments. It is hereby made the duty of the commission to enforce the provisions of 69-14-921 through 69-14-924 .
Mont. Code Ann. § 69-8-210 — MT Code / Title 69 / Chapter 8 / Part 2 / Section 69-8-210
69-8-210 Public utilities -- cost tracking -- environmentally preferred resources
Status: in_force

69-8-210 . Public utilities -- cost tracking -- environmentally preferred resources. (1) The commission may approve a cost-tracking adjustment for a public utility regulated under this part consistent with its regulation of public utilities under Title 69, chapter 3.

(2) Notwithstanding any service options that the commission may require, a public utility shall offer its customers the option of purchasing a product composed of or supporting power from certified environmentally preferred resources that include but are not limited to wind, solar, geothermal, and biomass, subject to review and approval by the commission. The commission shall ensure that these resources have been certified as meeting industry-accepted standards.
Mont. Code Ann. § 69-3-328 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-328
69-3-328 Depositions of witnesses
Status: in_force

69-3-328 . Depositions of witnesses. The commission or any party to any proceeding before it may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil actions.
Mont. Code Ann. § 69-9-112 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-112
69-9-112 Void
Status: in_force

69-9-112 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-4-529 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-529
69-4-529 Incident reports -- notification of damage -- fines
Status: in_force

69-4-529 . Incident reports -- notification of damage -- fines. (1) (a) Within 30 days of an incident, an underground facility owner who owns an underground facility that is damaged shall:

(i) report the incident to the appropriate notification center; and

(ii) notify the excavator involved in the incident that the incident has been reported in accordance with subsection (1)(a)(i).

(b) A notification center that receives a report in accordance with subsection (1)(a) shall notify the department.

(2) When the information is available, the incident report must include:

(a) the name, address, and telephone number of the excavator responsible for the incident or the underground facility owner responsible for the damage;

(b) a description of the damage to the underground facility;

(c) a description of the incident, including whether it resulted in real or personal property damage, personal injury, or death;

(d) the name, address, and telephone number of any third party involved in the incident; and

(e) a description of any damage incurred by the excavator, including personal injury or death.

(3) After an incident is reported in accordance with subsection (1) and if the underground facility that is damaged is not a jurisdictional pipeline, if an underground facility owner determines that a civil penalty is not required, the underground facility owner shall provide notice of the determination to the department within 30 days of the date that the incident report was filed.

(4) (a) Except as provided in subsection (4)(b), the incident report must be available for public inquiry.

(b) The department may not make public any personal information protected by an individual privacy interest.

(5) If an underground facility owner fails to file an incident report in accordance with this section, the department shall assess a $100 fine.

(6) If an underground facility owner determines that damage to an underground facility that is not a jurisdictional pipeline is an event and not an incident, reporting and notification in accordance with subsection (1) is not required.

(7) An underground facility owner who receives a fine may contest the fine by requesting, within 20 days of the fine being levied, a hearing from the department.

(8) Beginning July 1, 2017, the department shall maintain a database of incident reports. Incident reports must be maintained for a minimum of 5 years.
Mont. Code Ann. § 69-12-406 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-406
69-12-406 Restriction on transportation of certain waste
Status: in_force

69-12-406 . Restriction on transportation of certain waste. Except as provided in 69-12-324 , a Class A or Class E motor carrier may not be authorized or permitted to transport garbage within the state. This restriction does not apply to recyclables.
Mont. Code Ann. § 69-12-422 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-422
69-12-422 Effect of failure to pay compensation, fees, or charges
Status: in_force

69-12-422 . Effect of failure to pay compensation, fees, or charges. (1) Upon the failure of any motor carrier to pay such compensation when due, the commission may in its discretion revoke the carrier's certificate or privilege, and no carrier whose certificate or privilege is so revoked shall again be authorized to conduct such business until such compensation shall be paid.

(2) All compensation, fees, or charges imposed and accruing under the provisions of this chapter shall be a lien upon all property of the motor carrier used in its operations under this chapter. Said lien shall attach at the time the compensation, fees, or charges become due and payable and shall have the effect of an execution duly levied on such property of the motor carrier and shall so remain until said compensation, fees, or charges are paid or the property sold for the payment thereof.
Mont. Code Ann. § 69-3-110 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-110
69-3-110 Enforcement of public utility law
Status: in_force

69-3-110 . Enforcement of public utility law. (1) The commission shall inquire into any neglect or violation of the laws of this state by any public utility, as hereinbefore defined, doing business in this state or by the officers, agents, or employees thereof. The commission shall enforce the provisions of this chapter and report all violations thereof to the attorney general.

(2) All rates, fares, charges, classifications, and joint rates fixed by the commission shall be enforced and are prima facie lawful from the date of the order until changed or modified by the commission or in pursuance of part 4. All rules, practices, and services prescribed by the commission shall be enforced and enforcement actions shall be brought pursuant to the provisions of part 4 until the rules, practices, or services are changed or modified by the commission upon a satisfactory showing being made.

(3) Upon the request of the commission, it is the duty of the attorney general or the prosecuting attorney of any county to aid in any investigation, prosecution, hearing, or trial had under the provisions of this chapter and to institute and prosecute all actions or proceedings necessary for the enforcement of this chapter.

(4) Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the state in the district court of any county having jurisdiction of the defendant. The attorney general shall be the counsel in any proceeding, investigation, hearing, or trial prosecuted or defended by the commission, as also shall any prosecuting attorney selected by the commission or other special counsel furnished the commission in any county where such action is pending.

(5) In addition to the other remedies provided by this chapter for the prevention and punishment of any violation of the provisions thereof and all orders of the commission, the commission may compel compliance with the provisions of this chapter and of the orders of the commission by proceedings in mandamus, by injunction, or by other civil remedies.
Mont. Code Ann. § 69-8-201 — MT Code / Title 69 / Chapter 8 / Part 2 / Section 69-8-201
69-8-201 Public utility -- customer electricity supply service options and requirements -- exemption
Status: in_force

69-8-201 . Public utility -- customer electricity supply service options and requirements -- exemption. (1) (a) Except as provided in subsections (1)(b) and (1)(c), a retail customer that has an individual load with an average monthly demand of greater than or equal to 5,000 kilowatts and that is not purchasing electricity supply service from a public utility on October 1, 2007, may not purchase electricity supply service from a public utility.

(b) A retail customer referred to in subsection (1)(a) may request electricity supply service from the public utility, and the public utility shall provide electricity supply service if the retail customer demonstrates that the provision of electricity supply service to the retail customer will not adversely impact the public utility's other customers over the long term as determined by the commission.

(c) If a public utility provides electricity supply service to a retail customer as provided in subsection (1)(b), that service is regulated by the commission and the customer may not, at a later date, purchase electricity supply service from another provider of electricity supply service.

(2) (a) A retail customer that has an individual load with an average monthly demand of less than 5,000 kilowatts that is not purchasing electricity from a public utility on October 1, 2007, may continue to purchase electricity from an electricity supplier. The retail customer may subsequently purchase electricity from a public utility subject to commission rule or order, but the customer may not, at a later date, choose to purchase electricity from another source.

(b) A retail customer that has an individual load with an average monthly demand of less than 5,000 kilowatts and that is currently purchasing electricity from a public utility may not choose to purchase electricity from another source after October 1, 2007.

(3) Nothing in this section affects a retail customer's rights and obligations with respect to net metering, cogeneration, self-generation, or ancillary sales of electricity related to deviations from scheduled energy deliveries from nonutility suppliers, as may be provided for in law, commission rule or order, or a tariff approved by the public service commission or the federal energy regulatory commission.

(4) (a) Except as provided in 69-5-101 , 69-5-102 , 69-5-104 (2), 69-5-105 through 69-5-112 , 69-8-402 , 69-8-421 , and subsection (4)(b) of this section, a public utility currently doing business in Montana as part of a single integrated multistate operation, no portion of which lies within the basin of the Columbia River, is exempt from the requirements of this chapter.

(b) To the extent that a public utility described in subsection (4)(a) becomes the successor in interest of another public utility that has restructured in accordance with this chapter before October 1, 2007, it is subject to the requirements of this chapter with respect to the service area of the acquired public utility.
Mont. Code Ann. § 69-1-222 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-222
69-1-222 Annual report
Status: in_force

69-1-222 . Annual report. (1) The consumer counsel shall prepare and submit a yearly report and other interim reports to the consumer committee that the consumer counsel determines advisable concerning the consumer counsel's activities during the year. The consumer counsel also may recommend appropriate remedial legislation to the committee.

(2) The annual report and any recommendations for remedial legislation prepared in accordance with subsection (1) must also be provided to the energy and technology interim committee in accordance with 5-11-210 .
Mont. Code Ann. § 69-3-830 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-830
69-3-830 Expedited complaint proceeding -- procedure
Status: in_force

69-3-830 . Expedited complaint proceeding -- procedure. (1) (a) A party that petitions the commission for an expedited complaint proceeding shall file with the commission, at the same time as it submits the petition, the following:

(i) a statement that the petitioner has attempted in good faith to resolve the petitioner's disagreement with the respondent prior to petitioning the commission to initiate an expedited complaint proceeding;

(ii) a description of facts, including relevant documentation, of the issues in dispute and the position of each of the parties with respect to those issues; and

(iii) a statement that the petitioner has informed the respondent of the petitioner's intent to file a petition for expedited complaint proceeding at least 10 days prior to filing the petition with the commission.

(b) The petitioner shall provide a copy of the petition and any associated documentation to the other party or parties not later than the day on which the commission receives the petition.

(c) The commission shall limit its consideration during an expedited complaint proceeding to those issues set forth by the parties in the petition and the response to the petition.

(2) A nonpetitioning party may respond to the other party's petition and provide any additional information within 25 days after the commission receives the petition.

(3) (a) The commission may appoint a hearings examiner, who shall file with the commission a proposed decision within the time set by order of the commission.

(b) (i) On the filing by a party, in good faith, of a timely and sufficient affidavit of personal bias, lack of independence, disqualification by law, or other disqualification of a hearings examiner or on the hearings examiner's own motion, the commission shall include the affidavit or motion as a part of the record in the case.

(ii) The affidavit for disqualification must state the facts and the reasons for the belief that the hearings examiner should be disqualified and must be filed not more than 10 days after the date of the appointment of the hearings examiner.

(iii) The commission may disqualify the hearings examiner and appoint another hearings examiner.

(4) Participation in the expedited complaint proceeding must be limited to the petitioning party, named respondents, and the Montana consumer counsel.

(5) Unless otherwise agreed to by the parties, the commission or the hearings examiner shall, within 10 days of the filing of the petition, conduct a conference with the parties for the purpose of establishing a schedule for the orderly and timely disposition of the petition. The schedule must include discovery deadlines and a hearing date.

(6) (a) The hearing must be conducted pursuant to the Montana Rules of Evidence and the parties:

(i) are entitled to be heard;

(ii) may present evidence material to the issues; and

(iii) may cross-examine witnesses appearing at the hearing.

(b) Parties must be allowed to conduct discovery pursuant to the schedule determined by the hearings examiner or the commission, and the discovery must be conducted pursuant to the Montana Rules of Civil Procedure.

(7) The commission or the hearings examiner may issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence relevant to the issues being heard and may administer oaths. Subpoenas must be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action in district court. The commission or the hearings examiner shall regulate the course of the hearing and the need for filing briefs and may direct the parties to appear and confer to consider simplification of the issues.

(8) The commission shall issue a final order on the petition not later than 120 days from the date that the petition for expedited complaint proceeding was filed with the commission.

(9) If the hearings examiner becomes unavailable to the commission, the commission is not precluded from issuing a final decision based on the record if the demeanor of the witnesses is considered immaterial by all parties.

(10) Unless required for the disposition of ex parte matters authorized by law, the person or persons who are charged with the duty of rendering a decision or of making findings of fact and conclusions of law in an expedited complaint proceeding, after issuance of notice of hearing, may not communicate with any party or 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.

(11) As part of its final order, the commission may order relief that is justified under the circumstances. The commission may order the payment of monetary damages, by one party or parties to another party or parties, not to exceed $10,000.
Mont. Code Ann. § 69-3-1311 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1311
69-3-1311 Registration requirements -- prohibitions -- revocation
Status: in_force

69-3-1311 . Registration requirements -- prohibitions -- revocation. (1) A service provider may not offer a product or service to a customer, the charge for which appears on the bill of a billing agent, unless the service provider is properly registered with the commission.

(2) A billing aggregator may not forward to a billing agent charges for a service or product offered by a service provider unless the billing aggregator is properly registered with the commission.

(3) A billing aggregator may not forward charges to a billing agent from a service provider who is required to be registered under this section and who is not properly registered under this section.

(4) A billing agent may not directly bill on behalf of a service provider that is not the billing agent if the service provider is not properly registered, if registration is required under this section.

(5) The commission shall provide a form for registration and establish the procedure for registering with the commission. A registration remains effective until revoked by the commission or surrendered by the service provider or billing aggregator.

(6) After notice and an opportunity for a hearing, the commission may revoke a registration.

(7) The commission may revoke the registration of a service provider that has:

(a) knowingly or repeatedly billed one or more customers for unauthorized service; or

(b) engaged in any other false or deceptive billing practices.

(8) The commission may revoke the registration of a billing aggregator that has:

(a) knowingly or repeatedly forwarded the charge for a service or product to a billing agent on behalf of a service provider that was required to be registered with the commission and that was not properly registered; or

(b) engaged in any other false or deceptive billing practices.

(9) Immediately following a revocation of registration under this section, the commission shall provide notice of the revocation to all telecommunications carriers and registered billing aggregators doing business in Montana.
Mont. Code Ann. § 69-14-610 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-610
69-14-610 Effect of railroad crossing provisions on liability of railroad
Status: in_force

69-14-610 . Effect of railroad crossing provisions on liability of railroad. (1) Nothing contained in 69-14-601 through 69-14-611 affects the liability of a railroad company for damage to persons or property injured at a railroad crossing.

(2) A railroad company or an employee of a railroad company may not be held liable for damages to persons or property injured at a railroad crossing that is within a quiet zone, as defined in 69-14-620 , if the damages are alleged to arise from the locomotive's failure to sound its horn or bell at a railroad crossing that is within a quiet zone as provided in 69-14-620 .
Mont. Code Ann. § 69-12-343 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-343
69-12-343 Insurance requirements of transportation network carriers
Status: in_force

69-12-343 . Insurance requirements of transportation network carriers. A transportation network carrier driver or transportation network carrier on the driver's behalf shall maintain primary motor vehicle liability insurance on the driver's personal vehicle that meets the following requirements:

(1) The insurance policy recognizes that the driver is a transportation network carrier driver or otherwise uses a personal vehicle to transport riders for compensation and covers the driver:

(a) while the driver is logged on to the transportation network carrier's digital network; or

(b) while the driver is engaged in a prearranged ride.

(2) (a) While a participating transportation network carrier driver is logged on to the transportation network carrier's digital network and is available to receive transportation requests but is not engaged in a prearranged ride, the motor vehicle liability insurance policy must provide:

(i) primary motor vehicle liability insurance in the amount of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage; and

(ii) uninsured motorist coverage when required by 33-23-201 .

(b) The coverage requirements of subsection (2)(a) may be satisfied by any of the following:

(i) motor vehicle liability insurance maintained by the transportation network carrier driver;

(ii) motor vehicle liability insurance maintained by the transportation network carrier; or

(iii) any combination of subsections (2)(b)(i) and (2)(b)(ii).

(3) (a) While a transportation network carrier driver is engaged in a prearranged ride, the motor vehicle liability insurance policy must provide:

(i) primary motor vehicle liability insurance that provides at least $1,000,000 for death, bodily injury, and property damage; and

(ii) uninsured motorist coverage when required by 33-23-201 .

(b) The coverage requirements of subsection (3)(a) may be satisfied by any of the following:

(i) motor vehicle liability insurance maintained by the transportation network carrier driver on the driver's personal vehicle;

(ii) motor vehicle liability insurance maintained by the transportation network carrier on the driver's personal vehicle; or

(iii) any combination of subsections (3)(b)(i) and (3)(b)(ii).

(4) If insurance maintained by the driver in subsection (2) or (3) has lapsed or does not provide the required limits of coverage, insurance maintained by a transportation network carrier must provide the coverage required by this section beginning with the first dollar of a claim and have the duty to defend such claim.

(5) Coverage under a motor vehicle liability insurance policy maintained by the transportation network carrier may not be dependent on a driver's personal motor vehicle liability insurer first denying a claim and a driver's personal motor vehicle liability insurance policy insurer may not be required to first deny a claim.

(6) Insurance required by this section may be placed with an insurer authorized under Title 33, including a surplus lines insurer.

(7) Insurance satisfying the requirements of this section satisfies mandatory insurance requirements in Title 61, chapter 6.

(8) A transportation network carrier driver shall carry proof of coverage satisfying subsections (2) and (3) at all times during the use of a personal vehicle in connection with a transportation network carrier's digital network. In the event of an accident, a transportation network carrier driver shall provide insurance coverage information to the directly interested parties, motor vehicle liability insurers, and investigating police officers upon request. Upon such request, a transportation network carrier driver shall also disclose to directly interested parties, motor vehicle liability insurers, and investigating police officers whether the driver was logged on to the transportation network carrier's digital network or engaged in a prearranged ride at the time of an accident.
Mont. Code Ann. § 69-3-1204 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1204
69-3-1204 Integrated least-cost plan
Status: in_force

69-3-1204 . Integrated least-cost plan. (1) (a) The commission shall adopt rules requiring a public utility to prepare and file a plan at least every 3 years for meeting the requirements of its customers in the most cost-effective manner consistent with the public utility's obligation to serve and in accordance with this part.

(b) The rules must prescribe the content and the time for filing a plan.

(2) (a) A plan must contain but is not limited to:

(i) an evaluation of the full range of cost-effective means for the public utility to meet the service requirements of its Montana customers, including conservation or similar improvements in the efficiency by which services are used and including demand-side management programs in accordance with 69-3-1209 ;

(ii) an annual electric demand and energy forecast developed pursuant to commission rules that includes energy and demand forecasts for each year within the planning period and historical data, as required by commission rule;

(iii) an assessment of planning reserve margins and contingency plans for the acquisition of additional resources developed pursuant to commission rules;

(iv) an assessment of the need for additional resources and the utility's plan for acquiring resources;

(v) the proposed process the utility intends to use to solicit bids for energy and capacity resources to be acquired through a competitive solicitation process in accordance with 69-3-1207 ; and

(vi) descriptions of at least two alternate scenarios that can be used to represent the costs and benefits from increasing amounts of renewable energy resources and demand-side management programs, based on rules developed by the commission.

(b) The utility shall fully explain, justify, and document the data, assumptions, methodologies, models, determinants, and any other inputs on which it relied to develop information required in subsection (2)(a).

(3) (a) The commission may adopt rules providing guidelines to be used in preparing a plan and identifying the criteria to be used in determining cost-effectiveness.

(b) The criteria may include externalities associated with the acquisition of a resource by a public utility.

(c) The rules must establish the minimum filing requirements for acceptance of a plan by the commission for further review. If a plan does not meet the minimum filing requirements, it must be returned to the public utility with a list of filing requirements not met. A corrected plan must be submitted within the time established by the commission.

(4) A plan filed with the commission by a utility, as defined in 75-20-104 , must be provided to the department of environmental quality and the consumer counsel.

(5) Within 120 days of receipt of a complete plan, the commission:

(a) shall review the plan;

(b) shall publish a copy of the plan;

(c) shall allow for a minimum of 60 days for the public to comment on the plan; and

(d) shall provide public meetings in accordance with 69-3-1205 .

(6) (a) The commission may identify deficiencies in the plan, including:

(i) any concerns of the commission regarding the public utility's compliance with commission rules; and

(ii) ways to remedy the concerns.

(b) The commission may engage independent engineering, financial, and management consultants or advisory services to evaluate a public utility's plan. The consultants shall demonstrate knowledge and experience with resource procurement and resource portfolio management, modeling, risk management, and engineering practices. The commission shall charge a fee to the public utility to pay for the costs of consultants or advisory services. These costs are recoverable in rates.
Mont. Code Ann. § 69-12-402 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-402
69-12-402 Compliance with commission rules
Status: in_force

69-12-402 . Compliance with commission rules. No certificate shall be issued or remain in force unless the holder thereof shall comply with such rules of the commission as it shall adopt governing the filing of bonds, policies of insurance, or such security or agreement in such form and adequate amount and conditioned as the commission may require for:

(1) the prompt payment of all compensation or fees due the state under the provisions of this chapter; and

(2) the payment of any final judgment which may be rendered against any such motor carrier arising out of the death of or injury to any passenger or injury to other persons or property as a result of any negligent operation of the motor vehicles or such motor carrier, with power in the commission to permit self-insurance whenever, in its opinion, the financial ability of the motor carrier warrants.
Mont. Code Ann. § 69-3-822 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-822
69-3-822 Rulemaking authority
Status: in_force

69-3-822 . Rulemaking authority. The commission may adopt rules to implement this part.
Mont. Code Ann. § 69-14-626 — MT Code / Title 69 / Chapter 14 / Part 6 / Section 69-14-626
69-14-626 Prohibition on extended obstruction of highway crossings
Status: in_force

69-14-626 . Prohibition on extended obstruction of highway crossings. (1) It shall be unlawful for any corporation, association, or company to willfully obstruct, blockade, interfere with, or prevent the free use of any public highway within the state where such highway crosses any railroad track outside of incorporated cities and towns by stopping any railroad train, car, engine, or locomotive for more than 15 minutes at any one time or by placing, depositing, or leaving any article or thing whatsoever on any railroad track at the point where any public highway crosses such track outside of incorporated cities and towns.

(2) Any corporation, association, or company so obstructing, blockading, or interfering with the free use of any such highway shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25 or more than $100. This section shall not be construed as repealing any existing laws prohibiting encroachments upon or obstruction of public highways.
Mont. Code Ann. § 69-3-837 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-837
69-3-837 Arbitration of interconnection issues
Status: in_force

69-3-837 . Arbitration of interconnection issues. (1) The commission has the authority to arbitrate any open interconnection issues pursuant to 47 U.S.C. 252(b), as it existed on February 8, 1996, according to the duties in subsections (3) through (14) of this section. Except as expressly provided in this section, the provisions of the Montana Administrative Procedure Act do not apply to arbitrations conducted under the authority granted by this section.

(2) During the period from the 135th to the 160th day, inclusive, after the date on which an incumbent local exchange carrier receives a request for negotiation under 69-3-834 , the carrier or any other party to the negotiation may petition the commission to arbitrate any open issues. A party that petitions the commission under this section shall, at the same time as it submits the petition, provide the commission all relevant documentation concerning the following:

(a) the unresolved issues;

(b) the position of each of the parties with respect to those issues; and

(c) any other issue discussed and resolved by the parties.

(3) A party petitioning the commission under this section shall provide a copy of the petition and any documentation to the other party or parties not later than the day on which the commission receives the petition.

(4) A nonpetitioning party to a negotiation under 69-3-834 may respond to the other party's petition and provide any additional information that it wishes within 25 days after the commission receives the petition.

(5) The commission shall limit its consideration to those issues set forth by the parties to the negotiation in the petition for arbitration and the response to the petition.

(6) The commission may appoint a hearings examiner for arbitration proceedings under this section. The hearings examiner shall file with the commission a proposed decision within the time set by order of the commission. A hearings examiner must be assigned with regard to the expertise required for the particular matter. On the filing by a party, in good faith, of a timely and sufficient affidavit of personal bias, lack of independence, disqualification by law, or other disqualification of a hearings examiner or on the hearings examiner's own motion, the commission shall determine the affidavit or motion as a part of the record in the case. 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 and must be filed not less than 10 days before the original date set for the hearing.

(7) Participation in the arbitration proceeding must be limited to the telecommunications carrier requesting the arbitration, the telecommunications carrier from which interconnection is being sought, and the Montana consumer counsel.

(8) Negotiations among the telecommunications carriers may continue, pending a final decision by the arbitrator.

(9) Unless otherwise agreed to by the parties, the commission shall, within 10 days of the filing of a request for arbitration, conduct a conference with the parties for the purpose of establishing a schedule for the orderly and timely disposition of the arbitration. The schedule must include discovery deadlines and a hearing date.

(10) The hearing must be conducted pursuant to the Montana Rules of Evidence, and the parties are entitled to be heard, present evidence material to the issues, and cross-examine witnesses appearing at the hearing. Parties must be allowed to conduct discovery pursuant to the schedule determined by the arbitrator, and the discovery must be conducted pursuant to the Montana Rules of Civil Procedure.

(11) The commission may issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence relevant to the issues being arbitrated and may administer oaths. Subpoenas must be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action in district court. The commission shall regulate the course of the hearings and the need for filing briefs and may direct the parties to appear and confer to consider simplification of the issues by consent of the parties.

(12) The commission shall issue its final decision no later than 9 months after the request for negotiations on a petition issued under 69-3-834 . When the commission files its final decision or when the hearings examiner files the proposed decision with the commission, each party must be simultaneously given a copy delivered personally or by certified mail. The decision must:

(a) ensure the resolution of issues presented by the parties and ensure that the resolution meets the requirements of 69-3-834 and this section;

(b) establish rates for interconnection, services, or access to unbundled network elements pursuant to 47 U.S.C. 252(d); and

(c) provide a schedule for implementation of the terms and conditions of the decision by the parties.

(13) If the person who conducted the hearing becomes unavailable to the commission, the commission is not precluded from issuing a final decision based on the record if the demeanor of the witnesses is considered immaterial by all parties.

(14) Unless required for the disposition of ex parte matters authorized by law, the person or persons who are charged with the duty of rendering a decision or of making findings of fact and conclusions of law in an arbitration proceeding, after issuance of notice of hearing, 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.
Mont. Code Ann. § 69-12-208 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-208
69-12-208 Provisions for bus service
Status: in_force

69-12-208 . Provisions for bus service. The commission, after 10 days' notice and public hearing, shall have the power to compel all motor carrier bus lines under its jurisdiction to furnish, provide, and maintain such service, instrumentalities, equipment, facilities, and time schedules as shall promote the safety, health, comfort, and convenience of its passengers and employees and the public and as shall in all respects be adequate, efficient, just, and reasonable.
Mont. Code Ann. § 69-8-605 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-605
69-8-605 Applicability
Status: in_force

69-8-605 . Applicability. This part does not apply to corporations organized under Title 35, chapter 18.
Mont. Code Ann. § 69-5-121 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-121
69-5-121 Definitions
Status: in_force

69-5-121 . Definitions. As used in 69-5-122 , 69-5-123 , and this section, the following definitions apply:

(1) "Added structure" means any outbuildings, improvements, irrigation pumps, facilities, or other structures located on a small customer's property.

(2) "Commercial structure" means a building used for commercial purposes.

(3) "Contractor" means a person who submits a proposal to construct or enters into a contract to construct an extension and who is licensed, insured, a member of the national electrical contractors association, and experienced in comparable construction.

(4) "Electric utility" means:

(a) a public utility regulated by the public service commission pursuant to Title 69, chapter 3, that provides electrical service for heat, light, or power to a small customer; or

(b) a utility qualifying as a rural electric cooperative pursuant to Title 35, chapter 18, that provides electrical service for heat, light, or power to a small customer.

(5) "Extension" means any works or improvements necessary to connect a residential, commercial, or added structure of a small customer to an electric utility's distribution or transmission system.

(6) "Residential structure" means a single-family house, trailer, manufactured home, or mobile home, excluding any outbuildings, improvements, irrigation pumps, facilities, or other structures located on the property.

(7) "Small customer" means a retail customer that has an individual load with an average monthly demand of less than 5,000 kilowatts.
Mont. Code Ann. § 69-4-401 — MT Code / Title 69 / Chapter 4 / Part 4 / Section 69-4-401
69-4-401 Definitions
Status: in_force

69-4-401 . Definitions. As used in this part, the following definitions apply:

(1) "Agricultural improvement" includes, without limitation, sprinkler irrigation systems.

(2) "Overhead utility line" means a facility for the transmission or distribution of electricity or telephone messages along wires or cables suspended above the ground between single or double poles and their respective anchors.
Mont. Code Ann. § 69-12-323 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-323
69-12-323 Decision on application
Status: in_force

69-12-323 . Decision on application. (1) (a) Except as provided in subsection (1)(b), within 180 days from the date of the completed filing of an application, the commission shall issue its finding, order, or decision on the application and the evidence presented in support of the application at the time of the hearing.

(b) The commission may extend the time for making a decision to a date requested by the applicant.

(2) (a) If after a hearing on the request for a certificate of public convenience and necessity the commission finds from the evidence that public convenience and necessity require the authorization of the service proposed or any part of the service proposed, a certificate of public convenience and necessity must be issued. In determining whether a certificate of public convenience and necessity should be issued, the commission shall consider:

(i) the transportation service being furnished or that will be furnished by any railroad or other existing transportation agency;

(ii) the likelihood of the proposed service being permanent and continuous throughout 12 months of the year; and

(iii) the effect that the proposed transportation service may have on other forms of transportation service that are essential and indispensable to the communities to be affected by the proposed transportation service or that might be affected by the proposed transportation service.

(b) For the purposes of issuing a certificate of public convenience and necessity to a Class D motor carrier, a determination of public convenience and necessity may include a consideration of competition.

(3) The commission may issue the certificate as requested in the application or in part and may attach terms and conditions to a certificate of public convenience and necessity for a motor carrier pursuant to 69-12-311 (1)(b) or a Class D motor carrier that in its judgment public convenience and necessity require.

(4) If a certificate is issued to a motor carrier as provided in this part, the certificate is in effect until terminated by the commission for cause or until terminated by the owner's failure to comply with 69-12-402 .

(5) (a) In determining whether to approve a certificate of compliance for a motor carrier pursuant to 69-12-311 (1)(a) or for a Class E motor carrier, the commission shall consider only whether the applicant meets the requirements of 69-12-415 . The commission shall provide notice and may require a hearing in accordance with 69-12-321 .

(b) An applicant seeking a certificate of compliance establishes a rebuttable presumption that it meets the requirements of 69-12-415 by demonstrating compliance with insurance, bonding, and security requirements established by the commission in accordance with 69-12-402 .
Mont. Code Ann. § 69-2-303 — MT Code / Title 69 / Chapter 2 / Part 3 / Section 69-2-303
69-2-303 Electric facilities provider -- wildfire -- cause of action -- standard of care -- damages
Status: in_force

69-2-303 . Electric facilities provider -- wildfire -- cause of action -- standard of care -- damages. (1) The purpose of this section is to set statutory criteria governing the civil liability of an electric facilities provider for wildfire-related claims. An electric facilities provider has an obligation to serve the public, and a standard of strict liability may not be applied to an electric facilities provider as follows:

(a) in a cause of action alleging the electric facilities provider's electric facilities or electric transmission and distribution activities caused wildfire-related damages; or

(b) in a cause of action alleging an electric facilities provider's wildfire mitigation activities conducted in accordance with a wildfire mitigation plan caused damages.

(2) An electric facilities provider may be found civilly liable only under the provisions of this section, and may not be found civilly liable under any other statute, theory of recovery, or common law claim, for wildfire-related injury or damages arising from the electric facilities provider's electric facilities or electric transmission and distribution activities or for injury or damages arising from any act or omission of the electric facilities provider associated with implementing a wildfire mitigation plan.

(3) An electric facilities provider may be found civilly liable for:

(a) wildfire-related injury or damages arising from the electric facilities provider's electric facilities or electric transmission and distribution activities; or

(b) injury or damages arising from an act or omission of the electric facilities provider associated with implementing a wildfire mitigation plan only if the party seeking recovery establishes:

(i) the electric facilities provider failed to exercise the degree of care, skill, and learning expected of a reasonable, similarly situated electric facilities provider at the time in the state, acting under the same or similar circumstances; and

(ii) the failure was the proximate cause of the injury to person or property for which recovery is sought.

(4) After an electric facilities provider has commenced implementation of its wildfire mitigation plan, in an action against an electric facilities provider seeking wildfire-related damages arising from the electric facilities provider's electric facilities or electric transmission and distribution activities, there is a rebuttable presumption that the electric facilities provider acted reasonably if, with respect to the place of the wildfire's ignition, the electric facilities provider substantially followed a wildfire mitigation plan that was approved in accordance with 69-2-302 , provided that evidence related to the electric facilities provider's actual incremental costs associated with implementing a wildfire mitigation plan may not be considered in determining whether the electric facilities provider substantially followed its wildfire mitigation plan. The presumption in this subsection may be controverted by other evidence.

(5) In an action against an electric facilities provider under this section, if a plaintiff has proved liability, as required:

(a) a plaintiff may recover for real and personal property damage pursuant to 50-63-104 ;

(b) in the event of a bodily injury or death, a plaintiff may recover:

(i) economic damages, including medical expenses and lost wages; and

(ii) noneconomic damages;

(c) a plaintiff may not recover noneconomic losses unless the plaintiff suffered bodily injury or death;

(d) an electric facilities provider may not be assessed punitive damages unless there is a showing, by clear and convincing evidence, that the electric facilities provider's actions were grossly negligent or intentional. An electric facilities provider's acts or omissions may not be considered grossly negligent if the electric facilities provider substantially followed its wildfire mitigation plan with respect to the place of ignition. The availability of punitive damages is otherwise subject to the provisions of 27-1-220 and 27-1-221 .

(e) a person who obtains payment pursuant to a policy of insurance for damages resulting from a wildfire loss is deemed to have been made whole exclusively for purposes of an insurer's right to subrogation under this section.

(6) A civil action against an electric facilities provider under this section must be commenced within 3 years from the date the plaintiff first incurred injury or damages, without regard to when the injury or damages are discovered.

(7) This section does not affect express contractual rights of any person or entity in any way involving communications facilities or the shared use of electric facilities or pole attachments.
Mont. Code Ann. § 69-3-106 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-106
69-3-106 Supervision of management of public utilities
Status: in_force

69-3-106 . Supervision of management of public utilities. (1) The commission has the authority to inquire into the management of the business of all public utilities, shall keep itself informed as to the manner and method in which the business is conducted, and has the right to obtain from any public utility all necessary information to enable the commission to perform its duties.

(2) The commission, any commissioner, or any person or persons employed by the commission for that purpose, upon demand, has the right to inspect the books, accounts, papers, records, and memoranda of any public utility and to examine, under oath, any officer, agent, or employee of the public utility in relation to its business and affairs. Any person, other than one of the commissioners, who makes the demand shall produce the person's authority to make the inspection.

(3) The commission may require by order or subpoena, to be served on any public utility in the same manner that a summons is served in a civil action in the district court, the production, within this state and at a time and place that it may designate, of any books, accounts, papers, or records kept by a public utility in any office or place outside of the state or verified copies in lieu of the books, accounts, papers, or records, if the commission orders, so that that an examination of the books, accounts, papers, or records may be made by the commission or under its direction. Any public utility failing or refusing to comply with any an order or subpoena is subject to the liability provided for in 69-3-206 .
Mont. Code Ann. § 69-5-111 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-111
69-5-111 Judicial remedies
Status: in_force

69-5-111 . Judicial remedies. (1) Whenever an electric facilities provider is failing or omitting or about to fail or omit to do anything required of it by this part or is doing or is about to do anything or to permit anything to be done contrary to or in violation of this part, the electric facilities provider affected may file a complaint in the district court setting forth the acts or omissions complained of and requesting an injunction.

(2) If an affidavit showing that grounds exist that an electric facilities provider is in violation of this part is filed with the complaint, a temporary restraining order must be issued without notice. A copy of the temporary restraining order, complaint, and affidavit must be served upon the defendant, together with an order to show cause why the temporary restraining order should not be made permanent, within 5 days after issuance of the temporary restraining order. The hearing on the order to show cause must be held at a date specified in the order and may not be more than 10 days after service of the order and must take precedence over all matters pending before the district court. A judgment making the injunction permanent or dissolving the temporary restraining order that was issued and dismissing the complaint must be made before 10 days after the hearing on the order to show cause.

(3) Any party aggrieved by the order may appeal to the supreme court of Montana by filing a notice of appeal in the district court within 20 days from entry of the order. The appeal must be perfected within 20 days after filing the notice of appeal and must take precedence over all matters pending before the supreme court of Montana.
Mont. Code Ann. § 69-3-1401 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1401
69-3-1401 Short title
Status: in_force

69-3-1401 . Short title. This part may be cited as the "Natural Gas Utility Restructuring and Customer Choice Act".
Mont. Code Ann. § 69-3-505 — MT Code / Title 69 / Chapter 3 / Part 5 / Section 69-3-505
69-3-505 Issuance of certain short-term obligations
Status: in_force

69-3-505 . Issuance of certain short-term obligations. Such public utility may issue notes or drafts maturing not more than 1 year after the date of such issue, renewal, or assumption of liability and aggregating, together with all other then outstanding notes and drafts of a maturity of 1 year or less on which such public utility is primarily or secondarily liable, not more than 5% of the par value of the other securities of the public utility then outstanding, without application to or order of the commission. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issuance of such notes or drafts.
Mont. Code Ann. § 69-13-302 — MT Code / Title 69 / Chapter 13 / Part 3 / Section 69-13-302
69-13-302 Connection and interchange facilities
Status: in_force

69-13-302 . Connection and interchange facilities. (1) Each common carrier shall exchange crude petroleum tonnage, coal tonnage, petroleum or coal products tonnage, or carbon dioxide volume with each similar common carrier. The commission may require connections and facilities for the interchange of the tonnage and volume to be made at every locality reached by both pipelines whenever a necessity for the connections and facilities exists, subject to rates and regulations that may be made by the commission. Any common carrier under similar rules must be required to install and maintain facilities for the receipt and delivery at all points on the pipeline 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.

(2) A carrier may not be required to receive or transport any crude petroleum, coal, or the products of crude petroleum or coal or any carbon dioxide from a plant or facility that produces or captures carbon dioxide except as may be marketable under rules prescribed by the commission. The commission shall make rules for the ascertainment of the amount of water and other foreign matter in crude petroleum, coal, or the products of crude petroleum or coal or in carbon dioxide from a plant or facility that produces or captures carbon dioxide tendered for transportation, for deduction for water and foreign matter, and for the amount of deduction to be made for temperature, leakage, and evaporation.

(3) The particular powers delegated to the commission in this section may not be construed to limit the general powers conferred by this chapter.
Mont. Code Ann. § 69-3-111 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-111
69-3-111 Persons with interest in property leased or to be sold to public utility -- exemption
Status: in_force

69-3-111 . Persons with interest in property leased or to be sold to public utility -- exemption. (1) Upon application, the commission may, by order, determine that any person not otherwise a public utility is not a public utility subject to the jurisdiction, control, or regulation of the commission under this title solely because the person owns or controls any plant or equipment, any part of or undivided interest in a plant or equipment, or any water right described in 69-3-101 :

(a) that is leased or sold or held for lease or sale to any public utility or other lessee;

(b) the operation and use of which is vested by lease or other contract in a public utility or other lessee; or

(c) for a period of not more than 90 days after termination of any lease or contract described in subsection (1)(a) or (1)(b) or after the person gains possession of the property following a breach of a lease or contract.

(2) An order may not be revoked or modified by the commission unless there is a material change in the lease or contract terms forming the basis of the order.

(3) The commission may, upon application by a public utility, issue its order approving the terms of any lease or contract described in subsection (1)(a) or (1)(b) for the purpose of qualifying any party to the lease or contract for an exemption by the United States securities and exchange commission, or its successor, from the federal Energy Policy Act of 2005.

(4) A public utility, as lessee of any plant or equipment, any part of or undivided interest in a plant or equipment, or any water right described in 69-3-101 , that is subject to any lease or contract described in this section shall comply with this title regarding the plant, equipment, or water right.

(5) Nothing in this section may be construed to alter or modify the authority of the commission to regulate the rates and services of a public utility that is subject to the provisions of this title.
Mont. Code Ann. § 69-1-103 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-103
69-1-103 Composition of commission
Status: in_force

69-1-103 . Composition of commission. The commission shall consist of five members, who shall be qualified electors of the district from which they are elected, with each such member elected from a separate district of the state.
Mont. Code Ann. § 69-2-101 — MT Code / Title 69 / Chapter 2 / Part 1 / Section 69-2-101
69-2-101 Adoption of rules for rate cases
Status: in_force

69-2-101 . Adoption of rules for rate cases. The commission shall adopt such rules of practice and procedure for the filing, investigation, and hearing of petitions or applications to increase or decrease rates and charges of railroads, motor carriers, and public utilities as the commission finds necessary or appropriate to enable it to reach a final decision in an orderly manner.
Mont. Code Ann. § 69-14-111 — MT Code / Title 69 / Chapter 14 / Part 1 / Section 69-14-111
69-14-111 Supervision of railroads
Status: in_force

69-14-111 . Supervision of railroads. (1) The commission shall supervise railroads subject to the provisions of this chapter.

(2) The commission may:

(a) adopt or enforce regulations and orders related to railroad safety or security in accordance with 49 U.S.C. 20106;

(b) bring civil action in a district court for violations of federal railroad safety regulations in accordance with 49 U.S.C. 20113; and

(c) participate in investigative and surveillance activities in accordance with 49 U.S.C. 20105.
Mont. Code Ann. § 69-3-1305 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1305
69-3-1305 Unauthorized change in telecommunications carrier -- liability -- penalty for violation
Status: in_force

69-3-1305 . Unauthorized change in telecommunications carrier -- liability -- penalty for violation. (1) A telecommunications carrier who initiates an unauthorized change in the customer's telecommunications carrier in violation of 69-3-1303 is liable:

(a) to the customer for all intrastate long-distance charges, interstate long-distance charges, monthly service charges, carrier switching fees, and other relevant charges incurred by the customer during the period of the unauthorized change; and

(b) to the customer's original telecommunications carrier for all charges related to reinstating service to the customer.

(2) A telecommunications carrier or any other entity who purposely or knowingly initiates an unauthorized change of a customer's telecommunications carrier under 69-3-1303 or this section is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212 .

(3) (a) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated an unauthorized change of a customer's telecommunications carrier, the commission may impose for each change made in violation of 69-3-1303 a civil fine not to exceed $1,000 for each violation, which must be deposited in the general fund.

(b) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that an entity has, with a frequency to indicate a general business practice, initiated unauthorized changes of customers' telecommunications carriers, the commission may take any of the following actions:

(i) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that entity to transact business in this state;

(ii) prohibit any billing aggregator from billing charges on behalf of the carrier or other entity determined to have engaged in a pattern of violations;

(iii) prohibit a billing agent that bills directly for the carrier or other entity determined to have engaged in a pattern of violations from billing charges on behalf of that carrier or other entity;

(iv) revoke the registration of a service provider or billing aggregator; or

(v) limit the prohibitions under this subsection (3)(b) to a specific period of time. A prohibition under this subsection (3)(b) may be withdrawn upon a showing of good cause.

(4) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a carrier or other entity under this section to terminate a contractual agreement with that carrier or other entity.

(5) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.
Mont. Code Ann. § 69-3-329 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-329
69-3-329 Immunity for witnesses
Status: in_force

69-3-329 . Immunity for witnesses. (1) A person may not be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any alleged violation of the provisions of this chapter on the ground of or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate or subject the person to penalty or forfeiture. Except as provided in subsection (2), a person having testified may not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may have testified or produced any documentary evidence.

(2) A person testifying is not exempt from prosecution or punishment for perjury.
Mont. Code Ann. § 69-14-104 — MT Code / Title 69 / Chapter 14 / Part 1 / Section 69-14-104
69-14-104 Violations of railroad laws -- penalties
Status: in_force

69-14-104 . Violations of railroad laws -- penalties. (1) If a railroad violates this chapter, fails or refuses to perform duties in accordance with this chapter, or fails, neglects, or refuses to act in accordance with commission requirements or orders, the railroad, upon conviction in a court of competent jurisdiction, shall be fined not less than $100 and not more than $1,000 for each violation, failure, or refusal.

(2) The commission shall recover the fine in a civil action in a court of competent jurisdiction. Each day's violation, failure, or refusal is a separate offense subject to penalty in accordance with subsection (1).

(3) Enforcement of violations in this chapter is limited by 49 U.S.C. 20113.
Mont. Code Ann. § 69-14-932 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-932
69-14-932 First right to purchase or match offer -- lease preference -- negotiation process -- exception
Status: in_force

69-14-932 . First right to purchase or match offer -- lease preference -- negotiation process -- exception. (1) A person or entity that has a leasehold site between a point 8.5 feet from the centerline of the track nearest the edge of the right-of-way and 300 feet from the track centerline and that uses the leasehold for transporting grain, seed, or related agricultural input commodities, regardless of the status of train operations, has a right of first refusal to purchase the land if the owner seeks to sell the land or transfer the leasehold estate.

(2) The leaseholder of a leasehold site described in subsection (1) must be given the opportunity to match a competing lease offer upon expiration of an existing lease. If the leaseholder matches the new lease offer, the lease must be given to the leaseholder. When a person other than the current leaseholder becomes the lessee of a leasehold site described in subsection (1) or the lease is terminated by the lessor for reasons other than nonpayment or other material breach of the lease, the lessor or new lessee shall compensate the former leaseholder for the fair market value of improvements made by the former leaseholder.

(3) The owner of the land may not sell or offer for sale an interest in the leased land or dispossess the leaseholder for reasons other than nonpayment or other material breach of the lease unless the owner first extends to the leaseholder a written offer to sell the leased land to the leaseholder at fair market value. The leaseholder shall respond to the offer within 60 days of receipt of the offer.

(4) The owner shall negotiate in good faith with the leaseholder for a period not to exceed 90 days following the leaseholder's response to the written offer provided for in subsection (3). The land may not be sold or transferred during the response and negotiation periods.

(5) (a) If the owner and the leaseholder cannot agree on the fair market value, they shall appoint a certified appraiser to establish the fair market value.

(b) If the owner and leaseholder cannot agree on an appraiser, each shall appoint a certified appraiser who shall make an independent appraisal. If the appraisals are within 5% of each other, the average of the two appraisals constitutes the fair market value.

(c) If the two appraisals differ by more than 5%, the two appraisers shall appoint a third certified appraiser whose appraisal establishes the fair market value.

(d) If the leaseholder fails to close the purchase of the leasehold estate for any reason within 45 days after the fair market value of the land has been established by the appraisal process provided for in this section, the right of first refusal is extinguished and the owner is free to transfer the property to a person or entity other than the leaseholder.

(e) The owner may transfer a title under this section by quitclaim deed rather than warranty deed.

(6) This section does not apply to the sale of an entire operating railroad line by one operating railroad to another entity for the purpose of operating a railroad.
Mont. Code Ann. § 69-3-324 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-324
69-3-324 Initiation of action by commission itself
Status: in_force

69-3-324 . Initiation of action by commission itself. The commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, practices, and services and after a full hearing as provided in this part may make by order such changes as may be just and reasonable, the same as if a formal complaint had been made.
Mont. Code Ann. § 69-1-212 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-212
69-1-212 Compensation of committee members
Status: in_force

69-1-212 . Compensation of committee members. Committee members are entitled to receive compensation and expenses as provided in 5-2-302 .