Mont. Code Ann. § 69-12-404 — MT Code / Title 69 / Chapter 12 / Part 4 / Section 69-12-404
69-12-404 Suspension of certificate by petition
Status: in_force

69-12-404 . Suspension of certificate by petition. (1) (a) A motor carrier may petition the commission in writing to suspend its certificate for a period not to exceed 6 months. Only one additional 6-month suspension may be requested and granted.

(b) The suspension of a certificate of public convenience and necessity requested by a motor carrier pursuant to 69-12-311 (1)(b) or by a Class D motor carrier may be granted upon a showing of present absence of public convenience and necessity or other showing of matters affecting motor carrier transportation.

(2) (a) The suspension of a certificate of compliance for a motor carrier pursuant to 69-12-311 (1)(a) or for a Class E motor carrier as provided for in subsection (1) for a period of 12 consecutive months automatically terminates a certificate of compliance and requires a motor carrier pursuant to 69-12-311 (1)(a) or a Class E motor carrier to reapply for a certificate of compliance.

(b) The suspension of a certificate of public convenience and necessity for a motor carrier pursuant to 69-12-311 (1)(b) or a Class D motor carrier as provided in subsection (1) for a period of 12 consecutive months establishes a prima facie presumption of absence of public convenience and necessity. If after notice and hearing the motor carrier pursuant to 69-12-311(1)(b) or the Class D motor carrier is unable to prove the existence of public convenience and necessity or existing demand for the transportation service, the commission may cancel a certificate of public convenience and necessity.
Mont. Code Ann. § 69-3-113 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-113
69-3-113 Power of eminent domain
Status: in_force

69-3-113 . Power of eminent domain. A public utility as defined in 69-3-101 may acquire by eminent domain any interest in property, as provided in Title 70, chapter 30, for a public use authorized by law to provide service to the customers of its regulated service.
Mont. Code Ann. § 69-1-223 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-223
69-1-223 Funding of office of consumer counsel
Status: in_force

69-1-223 . Funding of office of consumer counsel. (1) There is an account in the state special revenue fund to which all fees collected under this section must be deposited and from which all appropriations to the office of the consumer counsel must be paid. An appropriation to the office of the consumer counsel 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:

(a) within 30 days after the close of each calendar quarter, file with the department of public service regulation and the department of revenue a statement, in a form that the commission and department may determine, showing the gross operating revenue from all activities regulated by the commission within the state for that calendar quarter of operation or portion of a quarter, separately stating gross revenue from sales to other regulated companies for resale; and

(b) at that time pay to the department of revenue a fee based on a percentage of the gross operating revenue reported, as determined by the department of revenue under 69-1-224 .

(3) The amount of money which 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, including both base and contingency appropriations, by the legislature for that fiscal year. Any additional money required for operation of the office of the consumer counsel must be obtained from other sources in a manner authorized by the legislature.
Mont. Code Ann. § 69-4-402 — MT Code / Title 69 / Chapter 4 / Part 4 / Section 69-4-402
69-4-402 Petition for relocation of overhead line
Status: in_force

69-4-402 . Petition for relocation of overhead line. An owner of agricultural land across which an overhead utility line has been constructed may petition the district court for an order for relocation of the line for the purpose of installing an agricultural improvement. The petition shall set forth the nature of the proposed agricultural improvement, the increase in productivity of the land anticipated to result from the improvement, and a feasible alternative route, across other land to be provided by the petitioner at no cost to the owner of the overhead utility line.
Mont. Code Ann. § 69-3-1604 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1604
69-3-1604 Commission rulemaking
Status: in_force

69-3-1604 . Commission rulemaking. (1) The commission shall adopt rules that guide the Montana energy impact assistance bond and financing order processes in accordance with this part.

(2) The rules must establish:

(a) guidelines that are consistent with the objectives in 69-3-1602 for:

(i) meeting Montana's electricity supply resource needs; and

(ii) managing the portfolio of electricity supply resources.

(b) minimum filing requirements for applications filed pursuant to this part; and

(c) penalties for failure to comply with 69-3-1616 .

(3) The commission may adopt any other rules necessary to:

(a) govern its proceedings and procedures for the filing, investigation, and hearing of applications submitted in accordance with this part; and

(b) implement the provisions of this part.
Mont. Code Ann. § 69-4-103 — MT Code / Title 69 / Chapter 4 / Part 1 / Section 69-4-103
69-4-103 Authorization to remove vegetation or other materials from utility right-of-way -- notice -- prohibition
Status: in_force

69-4-103 . Authorization to remove vegetation or other materials from utility right-of-way -- notice -- prohibition. (1) A utility, as defined in 69-5-102 , may remove or alter any vegetation or other material within a utility right-of-way or easement if the utility:

(a) determines that the removal or alteration is reasonably necessary for the safe repair, use, operation, or maintenance of the utility's electricity or gas transmission or distribution facilities; and

(b) complies with the notice provisions of subsection (2).

(2) (a) Except as provided in subsection (2)(b), a utility shall provide an affected property owner with written notice at least 15 days prior to the removal or alteration of vegetation or other materials when the action is part of a preventative maintenance program for the utility's easements and rights-of-way. The written notice must include contact information for the utility where the affected property owner can receive information regarding the utility's right to remove or alter any vegetation or material within a utility right-of-way or easement.

(b) A utility is not required to give notice to an affected property owner when the removal or alteration of the vegetation or other materials is undertaken to alleviate an imminent threat to the safe and reliable operation of the utility's electricity or gas transmission or distribution facilities.

(3) An affected property owner may not deny access to or interfere with the activities of a utility within a utility's right-of-way or easement to remove vegetation as provided in this section.

(4) Nothing in this section may be construed to expand a utility's right-of-way or easement.
Mont. Code Ann. § 69-8-414 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-414
69-8-414 Universal system benefits programs credit review process -- penalties
Status: in_force

69-8-414 . Universal system benefits programs credit review process -- penalties. (1) (a) All annual reports required pursuant to 69-8-402 (8) and (10) must be filed with the department of revenue on March 1 of each year.

(b) Except as provided in subsection (1)(c), a utility or large customer who fails to file a report in accordance with subsection (1)(a) is subject to an administrative penalty of not less than $1,000 or more than $5,000.

(c) The department may not impose a penalty pursuant to this subsection (1) unless the department:

(i) provides notice to a utility or a large customer of the failure to file a timely report in accordance with 69-8-402 (8) or (10); and

(ii) does not receive a report from the utility or a large customer within 20 business days of the notice required pursuant to subsection (1)(c)(i).

(d) Any penalties recovered by the department must be deposited in the universal low-income energy assistance fund established in 69-8-412 (1)(b).

(2) Except as provided in 69-8-413 , upon a challenge by an interested person, the department of revenue shall ensure that the credit claimed is consistent with this chapter. An interested person may file comments challenging the claim, including supporting documentation, with the department of revenue. A challenge of any claimed credit must be filed within 60 days of the department of revenue's receipt of the credit claimant's annual reports required pursuant to 69-8-402 (8) and (10).

(3) Claimed credits are presumed to be correct unless challenged by an interested person. If a challenge is filed by an interested person, the department of revenue shall conduct an initial review of a challenged credit and shall make a determination as to the likelihood that the challenged credit qualifies for universal system benefits programs. If the department of revenue finds that the challenged credit is not likely to qualify for universal system benefits programs, the department of revenue shall formally review the challenge; otherwise, the department of revenue shall dismiss the challenge and provide a statement of the reasons supporting dismissal of the challenge. The department of revenue may request additional information from the credit claimant or interested person. The department of revenue shall complete the initial review within 30 days of the challenge.

(4) If the department of revenue determines that a formal review of a challenged credit is necessary, the department of revenue shall provide public notice of the opportunity to comment to the credit claimant and interested persons. The department of revenue may also schedule an oral hearing. If a hearing is scheduled, the department of revenue shall provide public notice of the hearing to the credit claimant and interested persons.

(5) For a formal credit review challenge, the following procedures apply:

(a) The credit claimant shall provide documentation supporting the credit claimed to the department of revenue and to all interested persons, subject to department of revenue protective orders for confidential or sensitive materials, upon a showing of a privacy interest by the credit claimant.

(b) The department of revenue shall make all materials related to the claim, the challenge, and the submitted comments available to the credit claimant and for public inspection and photocopying, subject to any department of revenue protective orders.

(c) The credit claimant may respond in writing to any comments and other documents filed by an interested person.

(d) The department of revenue may ask for additional detailed information to implement this section.

(6) Upon completing a formal review of a challenged credit, the department of revenue shall make a decision to certify or to deny the credit claimed, providing a statement of the reasons supporting the department of revenue's decision. The formal review of a challenged credit, including the department of revenue's final decision, must be completed within 60 days of the department of revenue's public notice of the opportunity to comment on the challenged credit.
Mont. Code Ann. § 69-4-353 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-353
69-4-353 Conversion of facilities on public property -- notice to landowners
Status: in_force

69-4-353 . Conversion of facilities on public property -- notice to landowners. (1) Upon completion of the conversion of the overhead electric or communication facilities on public lands and right-of-way to underground, the public utility shall file a verified statement of the costs of the conversion with the governing body.

(2) The governing body shall mail to each landowner and purchaser of property under contract for deed a notice stating that:

(a) service from the underground facilities is available;

(b) the landowner has 60 days after the date of the mailing of the notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on the landowner's lot or parcel to underground service facilities; and

(c) after the 60-day period following the date of the mailing of the notice, the governing body will order the public utility to disconnect and remove all overhead electric and communication facilities providing service to any structure or improvement within the area.
Mont. Code Ann. § 69-12-101 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-101
69-12-101 Definitions
Status: in_force

69-12-101 . Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "Between fixed termini" or "over a regular route" means the termini or route between or over which a motor carrier usually or ordinarily operates motor vehicles, even though there may be periodical or irregular departures from the termini or route.

(2) "Certificate" means a certificate of public convenience and necessity or a certificate of compliance issued under this chapter.

(3) "Certificate of compliance" means written authorization to operate issued by the commission for Class A or Class E motor carriers that transport passengers declaring that the motor carrier meets the fitness requirements of this chapter.

(4) "Certificate of public convenience and necessity" means a written authorization to operate issued by the commission for Class A motor carriers that transport property or persons and property and Class D motor carriers declaring that the motor carrier service is required by the public convenience and necessity, as provided in this chapter.

(5) "Charter service" means a service used for the transportation of passengers by a motor carrier with rates not subject to approval by the commission if:

(a) the transportation of passengers is based on a single contract;

(b) the contract is entered into in advance of the transportation and does not result from a spontaneous, curbside agreement;

(c) the contract includes a single fixed charge and fares are not assessed per passenger;

(d) the passenger or group of passengers acquires exclusive use of the motor vehicle through the contract; and

(e) when applied to a group of passengers being transported, the group of passengers travels together to a specified destination.

(6) "Compensation" means the charge imposed on motor carriers for the use of the highways in this state by motor carriers under 69-12-421 .

(7) "Corporation" means a corporation, company, association, or joint-stock association.

(8) "Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network carrier that enables the prearrangement of rides with transportation network carrier drivers.

(9) "For hire" means for remuneration of any kind, paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service.

(10) "Garbage" means ashes, trash, waste, refuse, rubbish, organic or inorganic matter that is transported to a licensed transfer station, licensed landfill, licensed municipal solid waste incinerator, or licensed disposal well. The term does not include wastewater and waste tires.

(11) "Household goods" means any of the following:

(a) personal effects and property used or to be used in a dwelling when they are a part of the equipment or supply of the dwelling. The term does not include property moving from a factory or store unless the property is purchased by a householder for use in a dwelling and is transported at the request of the householder.

(b) furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when those items are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments. The term does not include the stock-in-trade of an establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as incidental to moving of the establishment or a portion of the establishment from one location to another.

(c) articles, including objects of art, displays, and exhibitions that because of their unusual nature or value, require the specialized handling and equipment usually employed in moving household goods and other similar articles.

(12) "Motor carrier" means a person or corporation, or its lessees, trustees, or receivers appointed by a court, operating motor vehicles upon a public highway in this state for the transportation of passengers, household goods, or garbage for hire on a commercial basis, either as a common carrier or under private contract, agreement, charter, or undertaking. A motor carrier includes a transportation network carrier.

(13) "Motor vehicle" includes vehicles or machines, motor trucks, tractors, or other self-propelled vehicles used for the transportation of property or persons over the public highways of the state.

(14) "Person" means an individual, firm, or partnership.

(15) "Personal vehicle" means a vehicle that is used by a transportation network carrier driver in connection with providing a prearranged ride and is:

(a) owned, leased, or otherwise authorized for use by the transportation network carrier driver; and

(b) not a taxicab, limousine, or for-hire vehicle.

(16) "Prearranged ride" means transportation provided by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network carrier, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include transportation provided using a taxicab, limousine, or other for-hire vehicle pursuant to Title 69, chapter 12.

(17) "Public highway" means a public street, road, highway, or way in this state.

(18) "Railroad" means the movement of cars on rails, regardless of the motive power used.

(19) "Recyclable" means any material diverted from the solid waste stream that can be reused in the production of heat or energy or as raw material for new products and for which markets exist.

(20) "Transportation network carrier" means an entity that uses a digital network or software application service to connect passengers to transportation network carrier services provided by transportation network carrier drivers. A transportation network carrier may not be deemed to control, direct, or manage the personal vehicles or transportation network carrier drivers that connect to its digital network, except where agreed to by written contract.

(21) "Transportation network carrier driver" or "driver" means an individual who:

(a) receives connections to potential riders and related services from a transportation network carrier in exchange for payment of a fee to the transportation network carrier; and

(b) uses a personal vehicle to provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network carrier in return for compensation or payment of a fee.

(22) "Transportation network carrier rider" or "rider" means an individual or persons who use a transportation network carrier's digital network to connect with a transportation network carrier driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

(23) "Transportation network carrier services" means the transportation of a passenger between points chosen by the passenger and prearranged with a transportation network carrier driver through the use of a transportation network carrier digital network or software application.
Mont. Code Ann. § 69-14-1205 — MT Code / Title 69 / Chapter 14 / Part 12 / Section 69-14-1205
69-14-1205 Intentional vandalism to railroad property
Status: in_force

69-14-1205 . Intentional vandalism to railroad property. (1) A person commits the offense of intentional vandalism to railroad property if the person knowingly or purposely vandalizes railroad property.

(2) A person convicted of intentional vandalism to railroad property must be ordered to make restitution to the railroad carrier in the amount of the cost to repair any railroad property damaged, the cost of any train or shipment delay, and the cost of any accident or damage resulting from the vandalism.

(3) (a) A person convicted of the offense of intentional vandalism to railroad property in which the damage to railroad property does not exceed $1,000 and in which there is no bodily injury to another person as a result of the offender's actions 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.

(b) A person convicted of the offense of intentional vandalism to railroad property in which the damage to railroad property exceeds $1,000 or in which there is bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $10,000 or be incarcerated for a term not to exceed 10 years, or both.

(c) A person convicted of the offense of intentional vandalism to railroad property that results in serious bodily injury to another person as a result of the offender's actions shall be fined an amount not to exceed $20,000 or be incarcerated in a state prison for a term not to exceed 20 years, or both.

(d) A person convicted of the offense of intentional vandalism to railroad property that results in the death of another person as a result of the offender's actions shall be fined an amount not to exceed $50,000 or be incarcerated in a state prison for a term not to exceed 40 years, or both.
Mont. Code Ann. § 69-14-709 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-709
69-14-709 Allowance of attorney fees
Status: in_force

69-14-709 . Allowance of attorney fees. (1) Except as provided in subsection (2), whenever any of the livestock referred to in this part are injured or killed and the owner brings an action for the recovery of the loss or damage sustained, the court in which the action is brought shall impose, as a part of the costs, a reasonable sum to be fixed by the court as a fee to the attorney of the prevailing or successful party for conducting the action. The fee must be collected in the same manner as other costs.

(2) A fee may not be allowed by the court or collected from the defendant when it appears from the pleadings or proof in an action that the defendant prior to the institution of the action offered or agreed to pay to the plaintiff, in settlement of the loss or damages claimed, a sum equal to or in excess of the amount recovered as damages in the action or unless the plaintiff, at least 40 days prior to the commencement of the action, has made a demand, in writing, upon the defendant, the defendant's agent, or the defendant's attorney for the money claimed as indemnity for the killing of the livestock.
Mont. Code Ann. § 69-3-327 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-327
69-3-327 Subpoena of witnesses
Status: in_force

69-3-327 . Subpoena of witnesses. If any party ordered to appear before the commission as a witness fails to obey the order, the commission or its staff may apply to the clerk of the nearest district court for a subpoena commanding the attendance of the witness before the commission. It is the duty of the clerk to issue the subpoena and of any peace officer to serve the subpoena. Disobedience to the subpoena is considered contempt of court and is punishable accordingly.
Mont. Code Ann. § 69-3-1603 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1603
69-3-1603 Definitions
Status: in_force

69-3-1603 . Definitions. As used in this part, the following definitions apply:

(1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, interest rate lock or swap arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with Montana energy impact assistance bonds that is designed to promote the credit quality and marketability of Montana energy impact assistance bonds or to mitigate the risk of an increase in interest rates.

(2) "Assignee" means any person to which an interest in Montana energy impact assistance property is sold, assigned, transferred, or conveyed, other than as security, and any successor to or subsequent assignee of a person.

(3) "Bondholder" means any holder or owner of Montana energy impact assistance bonds.

(4) "Customer" means a person who takes electric service from an electric utility for consumption of electricity in Montana.

(5) "Electric infrastructure or facility" means:

(a) any portion of an electrical generating facility owned by an electric utility used to serve customers in Montana; or

(b) any infrastructure or facility involved in the transmission or delivery of electricity to Montana customers; or

(c) associated cleanup or remediation of an electrical generating facility.

(6) "Electric utility" means any electric utility regulated by the commission pursuant to Title 69, chapter 3, including the electric utility's successors or assignees.

(7) "Financing costs" means, if approved by the commission in a financing order, costs to issue, service, repay, or refinance Montana energy impact assistance bonds, whether incurred or paid on issuance of the Montana energy impact assistance bonds or over the life of the bonds.

(8) "Financing order" means an order issued by the commission in accordance with 69-3-1606 that grants, in whole or in part, an application filed pursuant to 69-3-1605 authorizing the issuance of Montana energy impact assistance bonds in one or more series, the imposition, charging, and collection of Montana energy impact assistance charges, and the creation of Montana energy impact assistance property.

(9) "Financing party" means holders of Montana energy impact assistance bonds and trustees, collateral agents, any party under an ancillary agreement, or any other person acting for the benefit of Montana energy impact assistance bondholders.

(10) "Least-cost generation resource" means an incremental supply-side or demand-side resource that when included in an electric utility's generation portfolio produces the lowest cost among alternative resources, considering both short-term and long-term costs and assessing the likelihood of changes in future fuel prices and future environmental requirements, among other considerations.

(11) "Montana energy impact assistance bonds" means low-cost corporate securities, including but not limited to senior secured bonds, debentures, notes, certificates of participation, certificates of beneficial interest, certificates of ownership, or other evidences of indebtedness or ownership that have a scheduled maturity of no longer than 30 years and a final legal maturity date that is not later than 32 years from the issue date, that are rated AA or Aa2 or better by a major independent credit rating agency at the time of issuance, and that are issued by an electric utility or an assignee pursuant to a financing order.

(12) "Montana energy impact assistance charges" means charges in amounts determined appropriate by the commission and authorized by the commission in a financing order in order to provide a source of revenue solely to repay, finance, or refinance Montana energy impact assistance costs and financing costs that are imposed on and are a part of all customer bills and are collected in full by the electric utility that the financing order applies to, its successors or assignees, or a collection agent through a nonbypassable charge that is separate and apart from the electric utility's base rates.

(13) (a) "Montana energy impact assistance costs" means:

(i) at the option of and upon petition by an electric utility, and as approved by the commission pursuant to 69-3-1606 , the pretax costs that the electric utility has incurred or will incur that are caused by, associated with, or remain as a result of the retirement or replacement of electric generating infrastructure or facilities located in Montana; and

(ii) pretax costs that an electric utility has previously incurred related to the closure or replacement of electric infrastructure or facilities occurring before July 1, 2019.

(b) Costs do not include any monetary penalty, fine, or forfeiture assessed against an electric utility by a government agency or court under a federal or state environmental statute, rule, or regulation.

(14) "Montana energy impact assistance property" means:

(a) all rights and interests of an electric utility or successor or assignee of an electric utility under a financing order for the right to impose, bill, collect, and receive Montana energy impact assistance charges as it is authorized to do solely under the financing order and to obtain periodic adjustments to the Montana energy impact assistance charges as provided in the financing order; and

(b) all revenue, collections, claims, rights to payments, payments, money, or proceeds arising from the rights and interests specified in subsection (14)(a), regardless of whether the revenue, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenue, collections, rights to payment, payments, money, or proceeds.

(15) "Montana energy impact assistance revenue" means revenue, receipts, collections, payments, money, claims, or other proceeds arising from Montana energy impact assistance property.

(16) "Nonbypassable" means that the payment of a Montana energy impact assistance charge required to repay bonds and related costs may not be avoided by any retail customer located within an electric utility service area.

(17) "Pretax costs" means costs approved by the commission, including but not limited to:

(a) unrecovered capitalized costs of retired or replaced electric infrastructure or facilities;

(b) costs of decommissioning and restoring the site of the electric infrastructure or facility;

(c) other applicable capital and operating costs, accrued carrying charges, deferred expenses, reductions for applicable insurance and salvage proceeds; and

(d) the costs of retiring any existing indebtedness, fees, costs, and expenses to modify existing debt agreements or for waivers or consents related to existing debt agreements.

(18) "Successor" means, with respect to any legal entity, another legal entity that succeeds by operation of law to the rights and obligations of the first legal entity pursuant to any bankruptcy, reorganization, restructuring, other insolvency proceeding, merger, acquisition, consolidation, or sale or transfer of assets, whether any of these occur due to restructuring of the electric power industry or otherwise.
Mont. Code Ann. § 69-14-1003 — MT Code / Title 69 / Chapter 14 / Part 10 / Section 69-14-1003
69-14-1003 Railroad personnel as law officers
Status: in_force

69-14-1003 . Railroad personnel as law officers. A conductor, engineer, or other person in charge of the operation of cars, trains, or locomotives upon any railroad is, while engaged or employed, a public executive officer of the class of peace officers and of the grade of constable in each county in which the train, cars, or locomotives are located and has the same authority as other peace officers to, with or without a warrant, arrest and prosecute persons trespassing or illegally obtaining passage on the railroad. The railroad personnel mentioned in this section are not entitled to receive fees for any arrest or prosecution that may be made or prosecuted under this section. None of the railroad personnel mentioned in this section are authorized to hold the office or exercise its functions unless at the time they are citizens of the United States and have been citizens of this state for at least 1 year preceding their exercising the functions of the office.
Mont. Code Ann. § 69-13-303 — MT Code / Title 69 / Chapter 13 / Part 3 / Section 69-13-303
69-13-303 Prohibition of discrimination in rates or service
Status: in_force

69-13-303 . Prohibition of discrimination in rates or service. (1) Except as provided in subsection (2), a common carrier in its operations may not discriminate between or against shippers in regard to facilities furnished, service rendered, or rates charged under the same or similar circumstances in 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. There may not be any discrimination in 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 when any of those products were produced or purchased by the common carrier directly or indirectly. In this connection the pipeline must be considered as a shipper of 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 when any of those products were produced or purchased by the pipeline directly or indirectly and handled through its facilities. A carrier in the operation may not directly or indirectly charge, demand, collect, or receive from any one a greater or lesser compensation for any service rendered than from another for a like and contemporaneous service. Subject to the provisions of this chapter and the rules that may be prescribed by the commission, every common carrier shall receive and transport crude petroleum, coal, or the products of crude petroleum or coal or of carbon dioxide from a plant or facility that produces or captures carbon dioxide delivered to it for transportation and shall receive and transport any of those products and perform its other duties with respect to any of those products without discrimination.

(2) The provisions of subsection (1) do not limit the right of the commission to prescribe rates and regulations different from or to some places from other rates or regulations for transportation from or to other places, as it may determine. A carrier is not guilty of discrimination when obeying any order of the commission. When there is offered for transportation more 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 than can be immediately transported, the products must be equitably apportioned. The commission may make and enforce general or specific regulations in this regard. A common carrier may not at any time be required to receive petroleum or petroleum products for shipments exceeding 3,000 barrels in any 1 day from any person, firm, corporation, or association of persons.
Mont. Code Ann. § 69-3-848 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-848
69-3-848 Pricing of individual network elements
Status: in_force

69-3-848 . Pricing of individual network elements. (1) Except as provided in subsection (4), if the commission is requested by a telecommunications carrier to establish the prices of the individual network elements used to provide telecommunications services, the commission shall set those prices at a just and reasonable level sufficient to recover the actual cost of providing those elements, including:

(a) a reasonable share of the joint and common costs so that the telecommunications carrier has a reasonable opportunity to recover these costs;

(b) depreciation costs that are based upon forward-looking asset lives consistent with asset lives of other telecommunications carriers and that reflect an amortization of any underdepreciated investment;

(c) a reasonable share of the costs associated with fill factors, recognizing spare capacity required to fulfill eligible telecommunications carrier responsibilities; and

(d) a fair return on investments.

(2) The actual cost of providing the elements included in subsections (1)(a) through (1)(d) must be determined without reference to a rate-of-return or other rate-based proceeding.

(3) If a telecommunications carrier uses average prices for services to end users without regard to the customer's location, the commission shall similarly establish an average cost and wholesale price for each individual network element sold to other telecommunications carriers. The commission may depart from average pricing for network elements only to the extent that the retail prices to end users of a telecommunications carrier have departed from average pricing.

(4) 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. § 69-5-106 — MT Code / Title 69 / Chapter 5 / Part 1 / Section 69-5-106
69-5-106 Electric service facilities to large customers
Status: in_force

69-5-106 . Electric service facilities to large customers. A regulated utility electric facilities provider has the right to furnish electric service facilities to the premises of a large customer if the regulated utility electric facilities provider can extend its electric service facilities to the premises of a large customer at less cost than other electric facilities providers. The estimated connected load must be determined from the plans and specifications prepared for construction of the premises or, if an estimate is not available, must be determined by mutual agreement of the electric facilities provider and the large customer.
Mont. Code Ann. § 69-3-1608 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1608
69-3-1608 Montana energy impact assistance bonds
Status: in_force

69-3-1608 . Montana energy impact assistance bonds. (1) The proceeds of Montana energy impact assistance bonds must be used to recover, finance, or refinance commission-approved Montana energy impact assistance costs and financing costs and other costs that are secured by or payable from Montana energy impact assistance property.

(2) If certificates of participation or ownership are issued, references to principal, interest, or premium refer to comparable amounts under those certificates.
Mont. Code Ann. § 69-3-849 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-849
69-3-849 Prohibited subsidies
Status: in_force

69-3-849 . Prohibited subsidies. The commission may not subsidize the price of any telecommunications service, including wholesale prices or the prices of individual network elements, by reducing the prices to reflect an allocation or credit of revenue from the operations of an affiliated company of the carrier of telecommunications services, including a publishing affiliate.
Mont. Code Ann. § 69-3-829 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-829
69-3-829 Expedited complaint proceeding -- commission authority
Status: in_force

69-3-829 . Expedited complaint proceeding -- commission authority. (1) The commission may conduct expedited complaint proceedings involving interconnection arrangements that include but are not limited to exchange access services between telecommunications carriers.

(2) The provisions of the Montana Administrative Procedure Act do not apply to petitions for an expedited complaint proceeding under 69-3-830 and this section.
Mont. Code Ann. § 69-3-326 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-326
69-3-326 Conduct of hearing
Status: in_force

69-3-326 . Conduct of hearing. At the hearing, both the complainant and the public utility have the right to appear by counsel or otherwise and to be fully heard. Either party is entitled to an order by the commission for the appearance of witnesses or the production of books, papers, and documents containing material testimony. Witnesses appearing upon the order of the commission are entitled to the same fees and mileage as witnesses in civil cases in the courts of the state, and the fees and mileage must be paid out of the state treasury in the same manner as other claims against the state are paid. Fees or mileage may not be allowed unless the presiding officer of the commission certifies to the correctness of the claim.
Mont. Code Ann. § 69-2-203 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-203
69-2-203 Investigatory powers of counsel
Status: in_force

69-2-203 . Investigatory powers of counsel. (1) The consumer counsel has all the investigatory powers necessary to perform the counsel's duties as provided in this section and all discovery powers sanctioned by the Montana Rules of Civil Procedure and the Montana Administrative Procedure Act. It is the specific intent of this section to provide the authority and availability of the process of discovery to the consumer counsel in administrative contested-case procedure. Violations of discovery procedure must be heard and administered by the district court. In the event of an appeal to district court for enforcement of discovery procedures, the time limits imposed by 69-3-302 and 69-3-303 are suspended pending order of the district court.

(2) The consumer counsel may examine in any commission proceedings, under oath, any officer, director, manager, or employee of any regulated company and may inspect the business and corporate records of any regulated company in accordance with the law to aid in the exercise of the consumer counsel's duties.
Mont. Code Ann. § 69-3-804 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-804
69-3-804 Exemption for private telecommunications service
Status: in_force

69-3-804 . Exemption for private telecommunications service. Construction, maintenance, or operation of a private telecommunications service does not constitute the provision of regulated telecommunications service, and a private telecommunications service is not subject to any of the provisions of this title. If any other person or entity, including the owners or shareholders of the entity owning or operating a private telecommunications service, uses the telecommunications service, whether for hire or not, the private telecommunications service is a regulated telecommunications service under this part. An occasional or accommodative use of a private telecommunication system by a third person is not a violation of this section.
Mont. Code Ann. § 69-4-312 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-312
69-4-312 Procedure to initiate creation of district -- resolution for feasibility study
Status: in_force

69-4-312 . Procedure to initiate creation of district -- resolution for feasibility study. (1) A governing body, on its own initiative or upon a petition signed by at least 60% of the property owners owning at least 60% of the assessable land of a proposed district requesting the creation of a special improvement district, as provided for in this part, may pass a resolution at a regular or special meeting, declaring that it finds that the special improvement district is in the public interest. The governing body shall make a finding that the formation of the special improvement district, for the purposes set out in this part, will promote the public convenience, necessity, and welfare.

(2) The resolution must state that the costs and expenses will be levied and assessed upon the property benefited and further request that each public utility serving the area by overhead electric or communication facilities shall, within 120 days after the receipt of the resolution, make a study of the cost of conversion of its facilities in the area to underground service. The report of the study must be provided to the governing body and made available for inspection in the office of the governing body and each public utility. The governing body may not pass a resolution of intention to create a special improvement district until it has received the report. The resolution of the governing body must require that each public utility be provided with the name and address of the owner of each parcel or lot within the proposed improvement district, if known, and if not known, the description of the property and other matters as may be required by the public utilities in order to perform the work involved in the cost study. The resolution must further state the area in square feet of each lot or parcel within the proposed conversion service area.
Mont. Code Ann. § 69-3-102 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-102
69-3-102 Supervision and regulation of public utilities
Status: in_force

69-3-102 . Supervision and regulation of public utilities. The commission is hereby invested with full power of supervision, regulation, and control of such public utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation, and control of such utilities by any municipality, town, or village.
Mont. Code Ann. § 69-3-203 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-203
69-3-203 Annual report to commission
Status: in_force

69-3-203 . Annual report to commission. (1) The accounts of all public utilities must be closed annually on either June 30 or December 31. A balance sheet must be taken promptly from the accounts, and a full annual report of the business of the utility must be made to the commission not later than October 31 if the accounts are closed on June 30 and not later than April 30 if the accounts are closed on December 31.

(2) The reports must be in the form prescribed by the commission and must contain all the information that the commission considers necessary for the proper performance of its duties. The commission may at any time request information omitted from the reports or not provided for in the reports whenever, in the judgment of the commission, the information is necessary.
Mont. Code Ann. § 69-3-112 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-112
69-3-112 Evaluation of coal or other boiler fuel costs
Status: in_force

69-3-112 . Evaluation of coal or other boiler fuel costs. (1) The purchases of coal or other boiler fuel for the generation of electricity by a public utility from a fuel supplier that is an affiliate of the public utility are subject to review by the commission to enable the commission to determine whether the costs incurred by the public utility are reasonable.

(2) In determining whether the costs incurred are reasonable, the commission shall compare the costs incurred by the public utility to the costs that the public utility would have incurred if the coal or other boiler fuel had been purchased from a different supplier under similar contract terms.

(3) The commission may disallow recovery in the rates charged by the public utility of any amount by which the costs incurred exceed the amount that the commission determines to be reasonable based on the comparison required under subsection (2).

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

(a) "Affiliate" means a corporation or other entity wholly owned or controlled, directly or indirectly, by the public utility or by a corporation or other entity that wholly owns or controls, directly or indirectly, the public utility.

(b) "Different supplier" means a fuel supplier that is not an affiliate of the public utility that is subject to commission review under this section.
Mont. Code Ann. § 69-3-805 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-805
69-3-805 Registration of telecommunications providers -- rulemaking
Status: in_force

69-3-805 . Registration of telecommunications providers -- rulemaking. (1) Before any person or entity provides telecommunications [services] within the state of Montana, it shall file a notice with the commission.

(2) The provider shall file with the commission a report of any judgment, penalty, or sanction entered in any other jurisdiction that could adversely affect the provider's ability to provide communications services in Montana.

(3) The commission shall adopt rules to implement this section.
Mont. Code Ann. § 69-3-1007 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1007
69-3-1007 Applicability -- voluntary participation or withdrawal
Status: in_force

69-3-1007 . Applicability -- voluntary participation or withdrawal. (1) Sections 69-3-1001 through 69-3-1006 apply to providers of regulated local telecommunications services with more than 50,000 subscribers.

(2) Regulated providers of local telecommunications services with fewer than 50,000 subscribers may petition the public service commission to participate in or withdraw from the low-income telephone assistance program. The public service commission shall grant a petition to participate in or withdraw from the low-income telephone assistance program unless federal requirements for obtaining matching federal low-income telephone assistance require otherwise.
Mont. Code Ann. § 69-8-402 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-402
69-8-402 Universal system benefits programs
Status: in_force

69-8-402 . Universal system benefits programs. (1) Universal system benefits programs are established for the state of Montana to ensure continued funding of and new expenditures for energy conservation, renewable resource projects and applications, and low-income energy assistance.

(2) (a) Except as provided in subsection (11), beginning January 1, 1999, 2.4% of each utility's annual retail sales revenue in Montana for the calendar year ending December 31, 1995, is established as the initial funding level for universal system benefits programs. To collect this amount of funds on an annualized basis in 1999, the commission shall establish rates for utilities subject to its jurisdiction and the governing boards of cooperatives shall establish rates for the cooperatives.

(b) The recovery of all universal system benefits programs costs imposed pursuant to this section is authorized through the imposition of a universal system benefits charge assessed at the meter for each local utility system customer as provided in this section.

(c) A utility must receive credit toward annual funding requirements for the utility's internal programs or activities that qualify as universal system benefits programs, including those amortized or nonamortized portions of expenditures for the purchase of power that are for the acquisition or support of renewable energy, conservation-related activities, or low-income energy assistance, and for large customers' programs or activities as provided in subsection (7). The department of revenue shall review claimed credits of the utilities and large customers pursuant to 69-8-414 .

(d) A utility at which the sale of power for final end use occurs is the utility that receives credit for the universal system benefits programs expenditure.

(e) A customer's utility shall collect universal system benefits funds less any allowable credits.

(f) For a utility to receive credit for low-income-related expenditures, the activity must have taken place in Montana.

(g) If a utility's or a large customer's credit for internal activities does not satisfy the annual funding provisions of this subsection (2), then the utility or large customer shall make a payment to the universal system benefits fund established in 69-8-412 for any difference.

(3) Cooperative utilities may collectively pool their statewide credits to satisfy their annual funding requirements for universal system benefits programs and low-income energy assistance.

(4) A utility's transition plan must describe how the utility proposes to provide for universal system benefits programs, including the methodologies, such as cost-effectiveness and need determination, used to measure the utility's level of contribution to each program.

(5) (a) A cooperative utility's minimum annual funding requirement for low-income energy and weatherization assistance is established at 17% of the cooperative utility's annual universal system benefits funding level and is inclusive within the overall universal system benefits funding level.

(b) Except as provided in subsection (11), a public utility's minimum annual funding requirement for low-income energy and weatherization assistance is established at 50% of the public utility's annual universal system benefits funding level and is inclusive within the overall universal system benefits funding level.

(c) A utility must receive credit toward the utility's low-income energy assistance annual funding requirement for the utility's internal low-income energy assistance programs or activities. Internal programs and activities may include providing low-income energy and weatherization assistance on Indian reservations.

(d) If a utility's credit for internal activities does not satisfy its annual funding requirement, then the utility shall make a payment for any difference to the universal low-income energy assistance fund established in 69-8-412 .

(6) An individual customer may not bear a disproportionate share of the local utility's funding requirements, and a sliding scale must be implemented to provide a more equitable distribution of program costs.

(7) (a) A large customer:

(i) shall pay a universal system benefits programs charge with respect to the large customer's qualifying load equal to the lesser of:

(A) $500,000, less the large customer credits provided for in this subsection (7); or

(B) the product of 0.9 mills per kilowatt hour multiplied by the large customer's total kilowatt hour purchases, less large customer credits with respect to that qualifying load provided for in this subsection (7);

(ii) must receive credit toward that large customer's universal system benefits charge for internal expenditures and activities that qualify as a universal system benefits programs expenditure, and these internal expenditures must include but not be limited to:

(A) expenditures that result in a reduction in the consumption of electrical energy in the large customer's facility; and

(B) those amortized or nonamortized portions of expenditures for the purchase of power at retail or wholesale that are for the acquisition or support of renewable energy or conservation-related activities.

(b) Large customers making these expenditures must receive a credit against the large customer's universal system benefits charge, except that any of those amounts expended in a calendar year that exceed that large customer's universal system benefits charge for the calendar year must be used as a credit against those charges in future years until the total amount of those expenditures has been credited against that large customer's universal system benefits charges.

(8) (a) Except as provided in subsection (11), a public utility shall prepare and submit an annual summary report of the public utility's activities relating to all universal system benefits programs to the commission, the department of revenue, and the energy and technology interim committee in accordance with 5-11-210 . A cooperative utility shall prepare and submit annual summary reports of activities to the cooperative utility's respective local governing body, the statewide cooperative utility office, and the energy and technology interim committee in accordance with 5-11-210 . The statewide cooperative utility office shall prepare and submit an annual summary report of the activities of individual cooperative utilities, including a summary of the pooling of statewide credits, as provided in subsection (3), to the department of revenue and the energy and technology interim committee in accordance with 5-11-210 . The annual report of a public utility or of the statewide cooperative utility office must include but is not limited to:

(i) the types of internal utility and customer programs being used to satisfy the provisions of this chapter;

(ii) the level of funding for those programs relative to the annual funding requirements prescribed in subsection (2);

(iii) any payments made to the statewide funds in the event that internal funding was below the prescribed annual funding requirements; and

(iv) the names of all large customers who either utilized credits to minimize or eliminate their charge pursuant to subsection (7) or received a reimbursement for universal system benefits related to expenditures from the utility during the previous reporting year.

(b) Before September 15 of the year preceding a legislative session, the energy and technology interim committee shall:

(i) review the universal system benefits programs and, if necessary, submit recommendations regarding these programs to the legislature; and

(ii) review annual universal system benefits reports provided by utilities in accordance with subsection (8)(a) and compare those reports with reports provided by large customers to the department of revenue in accordance with subsection (10)(a) and identify large customers, if any, who are not in compliance with reporting requirements in accordance with this subsection (8) and subsection (10).

(9) A utility or large customer filing for a credit shall develop and maintain appropriate documentation to support the utility's or the large customer's claim for the credit.

(10) (a) A large customer claiming credits for a calendar year shall submit an annual summary report of its universal system benefits programs activities and expenditures to the department of revenue and to the large customer's utility. The department shall annually make the reports available to the energy and technology interim committee in accordance with 5-11-210 . A report must be filed with the department even if a large customer is being reimbursed for a prior year's project. The annual report of a large customer must identify each qualifying project or expenditure for which it has claimed a credit and the amount of the credit. Prior approval by the utility is not required, except as provided in subsection (10)(b).

(b) If a large customer claims a credit that the department of revenue disallows in whole or in part, the large customer is financially responsible for the disallowance. A large customer and the large customer's utility may mutually agree that credits claimed by the large customer be first approved by the utility. If the utility approves the large customer credit, the utility may be financially responsible for any subsequent disallowance.

(11) A public utility with fewer than 50 customers is exempt from the requirements of this section.
Mont. Code Ann. § 69-3-604 — MT Code / Title 69 / Chapter 3 / Part 6 / Section 69-3-604
69-3-604 Standards for determination of rates and conditions
Status: repealed

69-3-604 . (Temporary) Standards for determination of rates and conditions. (1) The commission shall determine the rates and conditions of the contract for the sale of electricity by a qualifying small power production facility according to the standards in subsections (2) through (6).

(2) Long-term contracts for the purchase of electricity by the utility from a qualifying small power production facility must be encouraged in order to enhance the economic feasibility of qualifying small power production facilities.

(3) The rates to be paid by a utility for electricity purchased from a qualifying small power production facility must be established with consideration of the availability and reliability of the electricity produced.

(4) The commission shall set these rates using the avoided cost over the term of the contract.

(5) Avoided cost rates may not include a bonus or adder to provide additional compensation for environmental externalities or other costs above avoided costs, except when a bonus or adder is necessary to compensate for a real and actual cost required by existing regulation or existing law.

(6) The commission may adopt rules further defining the criteria for qualifying small power production facilities, their cost-effectiveness, and other standards. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 69-3-1502 — MT Code / Title 69 / Chapter 3 / Part 15 / Section 69-3-1502
69-3-1502 Commission approval of material affiliate transactions -- rulemaking authority
Status: in_force

69-3-1502 . Commission approval of material affiliate transactions -- rulemaking authority. (1) In addition to the commission's existing regulatory authority under this title and except as provided in 69-3-1503 and subsection (4) of this section, a regulated energy utility may not enter into a material affiliate transaction without the commission's review and approval.

(2) The commission shall approve or deny the material affiliate transaction. Upon a showing of good cause, the commission shall hold a public hearing on the proposed material affiliate transaction within 45 days of an official notification by the regulated energy utility to the commission that the utility is intending to enter into a material affiliate transaction.

(3) If a material affiliate transaction involves dividend payments from a regulated energy utility to a corporate parent company, the commission may limit those dividend payments if the payments would place the regulated energy utility's credit quality or property in jeopardy.

(4) A regulated energy utility may request an exemption from any of the provisions in this section, and the commission may grant the exemption on a case-by-case basis upon a showing of good cause and after notice and an opportunity for hearing.

(5) The commission may promulgate rules that implement the provisions of this part.
Mont. Code Ann. § 69-14-252 — MT Code / Title 69 / Chapter 14 / Part 2 / Section 69-14-252
69-14-252 Accident reports
Status: in_force

69-14-252 . Accident reports. (1) A railroad company operating any line of railroad within this state shall promptly on the occurrence of an accident report the accident to the commission. The report must include the time and place of the accident, the names of any persons killed or injured, and the value of any property destroyed.

(2) The commission may adopt rules to set reporting thresholds and implement this section.
Mont. Code Ann. § 69-8-604 — MT Code / Title 69 / Chapter 8 / Part 6 / Section 69-8-604
69-8-604 Net metering system -- reliability and safety
Status: in_force

69-8-604 . Net metering system -- reliability and safety. (1) A net metering system used by a customer-generator must include, at the customer-generator's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the national electrical code, national electrical safety code, institute of electrical and electronic engineers, and underwriters laboratories.

(2) The commission, after appropriate notice and opportunity for comment, may adopt by rule additional safety, power quality, and interconnection requirements for customer-generators that the commission determines are necessary to protect public safety and net metering system reliability.

(3) The commission shall biennially review and update, if necessary, interconnection requirements and rules for customer-generators to ensure that the requirements and rules:

(a) comply with the most up-to-date national electrical and safety codes and standards; and

(b) are being properly implemented by public utilities subject to this part and other utilities under the commission's jurisdiction that administer net metering programs.
Mont. Code Ann. § 69-3-204 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-204
69-3-204 Fees to be charged by commission
Status: in_force

69-3-204 . Fees to be charged by commission. (1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, schedules, and supplements not provided by law to be furnished free of charge.

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

(3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, schedules, and supplements of these which relate solely to interstate commerce.
Mont. Code Ann. § 69-2-216 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-216
69-2-216 Customer fiscal impact analysis -- requirements
Status: in_force

69-2-216 . Customer fiscal impact analysis -- requirements. (1) Within 10 days of receiving an application pursuant to subsection (1)(a) or (1)(b), the department of environmental quality shall notify the office of consumer counsel that it is in receipt of:

(a) a permit application pursuant to Title 75, chapter 2, 5, or 10, for a new electrical generation facility; or

(b) an application for a certificate under the Montana Major Facility Siting Act for a new facility or upgrade, as defined in 75-20-104 .

(2) The office of consumer counsel shall complete an analysis outlining the fiscal impacts of the project on electricity customers in Montana. The analysis must include an estimation of how customers' rates may be impacted.

(3) (a) Except as provided in subsection (3)(b), the analysis must be completed within 30 days of receipt of the notice from the department.

(b) The department shall extend the 30-day deadline if compliance with the deadline is not necessary to comply with the requirements of subsection (4).

(4) The analysis must be provided to the department and incorporated into the department's environmental review, including draft documents released for public comment.

(5) (a) Within 5 days of the close of the public comment period for an application referred to in subsection (1)(a) or (1)(b), the department shall forward public comments related to the analysis to the consumer counsel.

(b) The consumer counsel shall respond to the comments and return the responses to the department within 30 days, and the responses must be included in the final environmental reviews.
Mont. Code Ann. § 69-3-803 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-803
69-3-803 Definitions
Status: in_force

69-3-803 . Definitions. As used in this part, the following definitions apply:

(1) "Commercial mobile radio service" means commercial mobile radio service as defined in 47 CFR 20.9.

(2) "Commission" means the public service commission.

(3) "Eligible telecommunications carrier" means a telecommunications provider designated by the commission under 69-3-840 .

(4) "Incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that:

(a) on February 8, 1996, provided telephone exchange service in the area; and

(b) on February 8, 1996, was considered to be a member of the exchange carrier association pursuant to 47 CFR 69.601(b) or is a person or entity that, after that date, became a successor or assign of a member of the exchange carrier association.

(5) "Local telecommunications" means:

(a) telecommunications originating in a wireline local calling area, including extended area service areas, and terminating in the same wireline local calling area or extended area service area; or

(b) commercial mobile radio service that originates from or terminates to a commercial mobile radio service provider within the same major trading area as defined in 47 CFR 24.202(a).

(6) "Nonlocal telecommunications" means:

(a) wireline telecommunications traffic carried by either an interlocal access transport area carrier or an intralocal access transport area toll provider that originates in one wireline local calling area and terminates in another wireline local calling area; or

(b) commercial mobile radio service that originates in a major trading area and terminates in a different major trading area as defined in 47 CFR 24.202(a).

(7) "Originating carrier" means a telecommunications carrier from whose network a customer originates telecommunications traffic.

(8) "Private telecommunications service" means a system, including the construction, maintenance, or operation of the system, for the provision of telecommunications service or any portion of the service, by a person or entity for the sole and exclusive use of that person or entity and not for resale, directly or indirectly. For purposes of this definition, the term "person or entity" includes a corporation and all of its affiliates and subsidiaries if the corporation, affiliates, and subsidiaries have a common ownership or control of 80% of the outstanding voting shares.

(9) (a) "Regulated telecommunications service" means two-way switched, voice-grade access and transport of communications originating and terminating in this state and nonvoice-grade access and transport if intended to be converted to or from voice-grade access and transport.

(b) Except as provided in 69-3-815 , the term does not include the provision of terminal equipment used to originate or terminate the regulated service, private telecommunications service, one-way transmission of television signals, cellular communication, or provision of radio paging or mobile radio services.

(10) "Retail revenue" means the gross Montana revenue from telecommunications services that originate or terminate in Montana and are billed for a service address in Montana, excluding revenue from the resale of telecommunications services to another telecommunications services provider that uses the telecommunications services to provide telecommunications services to the ultimate retail consumer who originates or terminates the transmission.

(11) "Rural telephone company" means a local exchange carrier operating entity to the extent that the entity:

(a) provides common carrier service to any local exchange carrier study area that does not include either:

(i) all or any part of an incorporated place of 10,000 inhabitants or more based on the most recently available population statistics of the United States bureau of the census; or

(ii) any territory, incorporated or unincorporated, included in an urbanized area, as defined by the United States bureau of the census as of August 10, 1993;

(b) provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;

(c) provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or

(d) has less than 15% of its access lines in communities of more than 50,000 on February 8, 1996.

(12) "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt.

(13) (a) "Telecommunications carrier" or "carrier" means any provider of telecommunications services. A person providing other products and services in addition to telecommunications services is considered a telecommunications carrier only to the extent that it is engaged in providing telecommunications services.

(b) The term does not mean aggregators of telecommunications services as defined in 47 U.S.C. 226.

(14) "Terminating carrier" means a telecommunications carrier upon whose network telecommunications traffic terminates.

(15) (a) "Transit traffic" means telecommunications traffic that an originating carrier delivers to a transiting carrier or carriers for delivery to a terminating carrier.

(b) The term does not mean traffic carried by interlocal access transport area carriers or providers of intralocal access transport area toll services.

(16) "Transiting carrier" means a telecommunications carrier or carriers that transport transit traffic from an originating carrier to a terminating carrier and that do not originate or terminate telecommunications traffic.
Mont. Code Ann. § 69-5-202 — MT Code / Title 69 / Chapter 5 / Part 2 / Section 69-5-202
69-5-202 Incumbent electric utility transmission line rights
Status: in_force

69-5-202 . Incumbent electric utility transmission line rights. (1) (a) Except as provided in subsection (1)(b), an incumbent electric utility has the right to construct through a competitive bidding process, own, and maintain an electric transmission line on or after January 1, 2017:

(i) located in an area included in the midwest reliability organization;

(ii) approved for construction by a federally registered planning authority; and

(iii) planned to interconnect with an incumbent electric utility's transmission facilities.

(b) An incumbent electric utility may waive its right to construct, in accordance with subsection (3)(a), own, and maintain an electric transmission line by providing notice to the federally registered planning authority.

(2) If an incumbent electric utility intends to construct, own, and maintain an electric transmission line in accordance with subsection (1)(a), the incumbent electric utility shall provide notice to the federally registered planning authority as designated within the authority's established open-access transmission tariff timelines.

(3) (a) A competitive bidding process must be conducted by the incumbent electric utility for the construction of a new electric transmission line project that has a valuation of $8 million or more. The incumbent electric utility may participate in the bidding process as the incumbent electric utility, including affiliates, successors, and assignees.

(b) The bidding process must adhere to the incumbent electric utility's reasonable timelines, specifications, and standards for design, construction, and materials.

(c) If the incumbent electric utility awards a bid to an entity that is not the incumbent electric utility, the incumbent electric utility may perform inspections throughout the construction period to ensure adherence to its timelines, specifications, and standards.

(d) On completion of construction of an electric transmission line, the incumbent electric utility has the right to own and shall assume maintenance responsibility of the electric transmission line.

(4) If an electric transmission line constructed, owned, and maintained in accordance with subsection (1)(a) is connected between two separate incumbent electric utilities, the electric transmission line must be shared equally between the incumbent utilities, unless the incumbent utilities agree to different terms and conditions.

(5) Nothing in this section may be construed to limit, alter, or modify the authority of the commission to make findings relative to 69-3-109 and 69-3-201 as they relate to transmission facilities or to regulate utilities subject to Title 69, chapter 3.
Mont. Code Ann. § 69-14-1201 — MT Code / Title 69 / Chapter 14 / Part 12 / Section 69-14-1201
69-14-1201 Short title
Status: in_force

69-14-1201 . Short title. This part may be cited as the "Railroad Vandalism Prevention Act".
Mont. Code Ann. § 69-1-224 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-224
69-1-224 Determination of fee -- reporting
Status: in_force

69-1-224 . Determination of fee -- reporting. (1) On or before August 31 of each year, the department of revenue shall:

(a) determine the total gross operating revenue generated by all regulated activities within this state for all regulated companies for the previous fiscal year;

(b) compute the percentage, subject to revision as provided in subsection (2), of the amount determined in subsection (1)(a) that will produce an amount equal to the current appropriation to the office of the consumer counsel, except that a regulated company owned and operated by any municipal corporation within this state may not be required to pay a sum in excess of 0.06 of 1% of its gross operating revenue;

(c) adjust the percentage multiplier computed in subsection (1)(b) to ensure that sufficient funds are generated to meet the appropriation and that excess funds are not generated or retained by:

(i) determining the appropriation to the office of the consumer counsel for the previous fiscal year and comparing it to the fees collected from the previous fiscal year;

(ii) reducing or increasing the percentage determined in subsection (1)(b) for the current year in order to account for any difference determined in subsection (1)(c)(i); and

(iii) if necessary, reducing the revenue to be collected for the current year by any funds remaining unspent at the close of the prior fiscal year; and

(d) give notice by mail to each regulated company of the percentage to be applied to the gross operating revenue reported under 69-1-223 (2) to determine the amount of the fee to be paid.

(2) (a) The department of revenue shall adjust the percentage multiplier if the department considers a change necessary to meet or to not exceed the amount to be raised by the fee because of:

(i) fluctuations in the actual gross operating revenue subject to the fee; or

(ii) submission and approval of a budget amendment authorizing the spending of money from a contingency appropriation included in the appropriation measure for the office of the consumer counsel and authorized to be raised by means of the fee.

(b) Adjustments of the percentage multiplier are subject to the exception provided in subsection (1)(b) for municipally owned and operated regulated companies.

(c) Regulated companies must be given at least 30 days' notice of any change in the percentage multiplier.

(d) Any change in the percentage multiplier is effective at the beginning of the next calendar quarter.

(3) In the event that the fee charged in 1 year is in excess of the amount actually expended in that year, the excess must be deducted from the amount required to be raised by the fee for the next year before the determination required by subsection (1) is made. Money remaining unspent at the close of the fiscal year must be used to reduce the percentage calculated in subsection (1) in the subsequent fiscal year.

(4) All fees paid by a regulated company pursuant to this section are immediately recoverable by the regulated company in its rates and charges. Within 30 days after the issuance by the department of revenue of the notice required by subsection (1), the public service commission shall by separate order authorize each regulated company to fully recover in its rates and charges, on an annual basis, the fees levied by this part.

(5) (a) By January 15 and July 15 of each year, the department of revenue shall submit a written report to the legislative consumer committee identifying the following:

(i) the amount of total fees collected by the department dedicated to the consumer counsel;

(ii) the amount of fees collected in the previous 2 quarters and the percentage multiplier applied; and

(iii) the total amount of collections in the previous fiscal year and the percentage multiplier applied.

(b) The report must be provided in an electronic format.
Mont. Code Ann. § 69-3-301 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-301
69-3-301 Schedule of rates, tolls, and charges
Status: in_force

69-3-301 . Schedule of rates, tolls, and charges. (1) Every public utility shall file with the commission, within a time fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls, and charges which it has established and which are in force at the time for any service performed by it within the state or for any service in connection therewith or performed by any public utility controlled or operated by it. Every public utility shall file with and as a part of such schedule all rules that in any manner affect the rates charged or to be charged for any service. When a schedule of joint rates or charges is or may be in force between two or more public utilities, such schedule shall in like manner be printed and filed with the commission.

(2) A copy of so much of the schedule as the commission considers necessary for the use of the public shall be printed in plain type and kept on file in every station or office of the public utility where payments are made by the consumers or users. Such copy shall be open to the public and in such form and place as to be readily accessible to the public and conveniently inspected.
Mont. Code Ann. § 69-4-1102 — MT Code / Title 69 / Chapter 4 / Part 11 / Section 69-4-1102
69-4-1102 Definitions
Status: in_force

69-4-1102 . Definitions. As used in this part, unless the context otherwise requires, the following definitions apply:

(1) "Bypassing" means any act, using any means, the purpose of which is to obtain utility service without having such service pass through the authorized meter provided for measuring or registering such service.

(2) "Person" means an individual, firm, partnership, corporation, unincorporated association, or other legal or business entity or the executor, administrator, trustee, receiver, assignee, or personal representative thereof.

(3) "Tampering" means damaging, altering, adjusting, or in any manner interfering with or obstructing the operation or function of any authorized metering device provided for measuring or registering utility service.

(4) "Utility" means any public utility, municipally owned utility, or cooperative utility that provides electricity, gas, water, sewage disposal, or combination thereof, for sale to consumers.

(5) "Utility service" means the provision of electricity, gas, water, or sewer service.
Mont. Code Ann. § 69-4-102 — MT Code / Title 69 / Chapter 4 / Part 1 / Section 69-4-102
69-4-102 Underground power lines in new service areas
Status: in_force

69-4-102 . Underground power lines in new service areas. (1) As used in this section:

(a) "new service area" means any subdivision or group of newly constructed or newly installed dwellings (including mobile homes) or commercial buildings which, when occupied, will generate at least five contracts for the supply of electricity; and

(b) "lines used for the distribution of electricity" means all the distribution lines in the new service area through which electricity passes before it is utilized by the consumer and the consumer's dwelling or place of business.

(2) A firm, agency, or person exercising the rights conferred by 69-4-101 shall install underground all lines used for the distribution of electricity in a new service area when technically and economically feasible.

(3) The commission may make rules to implement this section.
Mont. Code Ann. § 69-3-332 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-332
69-3-332 Digital asset mining ratemaking
Status: in_force

69-3-332 . Digital asset mining ratemaking. (1) The commission may not establish a rate classification for digital asset mining, digital asset mining businesses, or home digital asset mining that creates unduly discriminatory rates.

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

(a) "Data center" means a use involving a building or premises in which the majority of the use is occupied by computers, telecommunications, or related equipment, including supporting equipment, where information is processed, transferred, and stored.

(b) "Digital asset mining" means the use of electricity to power a computer for the purpose of securing a blockchain network.

(c) "Digital asset mining business" means a group of computers working at a single site that consume more than 1 megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network.

(d) "Discriminatory rates" means electricity rates substantially different from other industrial similar uses of electricity in similar geographic areas after accounting for the cost of service.

(e) "Home digital asset mining" means mining digital assets in areas zoned for residential use that consume less than 1 megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network.
Mont. Code Ann. § 69-14-910 — MT Code / Title 69 / Chapter 14 / Part 9 / Section 69-14-910
69-14-910 Connection of railroad to elevator or warehouse
Status: in_force

69-14-910 . Connection of railroad to elevator or warehouse. (1) Every railroad company or corporation organized under the laws of this state or doing business therein shall, upon application in writing, provide reasonable sidetrack facilities and running connections between its main track and elevators and warehouses upon or contiguous to its right-of-way at stations. Every such railroad corporation shall permit connections to be made and maintained in a reasonable manner with its sidetracks to and from any warehouse or elevator, without reference to its size, cost, or capacity, where grain is or may be stored. Such railroad company shall not be required to construct or furnish any sidetracks except upon its own land or right-of-way. The reasonable cost of the construction of such sidetracks and connections, except the cost of the rails and fastenings, shall be paid by the person or persons for whose benefit such sidetracks are provided or connections made.

(2) Where stations are 10 miles or more apart, the railroad company, when required to do so by the public service commission, shall construct and maintain a sidetrack for the use of shippers between such stations.
Mont. Code Ann. § 69-4-1001 — MT Code / Title 69 / Chapter 4 / Part 10 / Section 69-4-1001
69-4-1001 Definitions
Status: in_force

69-4-1001 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Advanced metering gateway device" means any electric utility meter component or device ancillary to the electric utility meter that is located at an end-user's residence or business and is equipped and programmed to communicate with electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business or that is capable of estimating and recording electrical energy usage by types of appliances, electrical equipment, or electrical devices.

(2) "Advanced metering device" or "advanced meter" means a meter or metering device that is owned or leased by a utility or the utility's agent and that:

(a) measures, records, or sends a customer's utility usage or other data by use of radio waves or internet technology; and

(b) allows for two-way communication between the meter and the utility or its agent.

(3) "Utility" means a public utility regulated by the public service commission pursuant to Title 69, chapter 3.
Mont. Code Ann. § 69-12-322 — MT Code / Title 69 / Chapter 12 / Part 3 / Section 69-12-322
69-12-322 Notice of hearing
Status: in_force

69-12-322 . Notice of hearing. (1) Whenever a hearing is scheduled, whether as a result of a protest or request or upon the commission's own motion, the commission shall serve a copy of the petition and notice of hearing upon an officer or owner of any motor carrier that in the opinion of the commission might be affected by the granting of the certificate and shall notify any other affected party at least 10 days before the date of hearing.

(2) Notice of the hearing must be published in appropriate newspapers determined by the commission to have sufficient statewide circulation in the case of applications for Class A authority.
Mont. Code Ann. § 69-3-1308 — MT Code / Title 69 / Chapter 3 / Part 13 / Section 69-3-1308
69-3-1308 Prohibitions on charges on bill -- exceptions
Status: in_force

69-3-1308 . Prohibitions on charges on bill -- exceptions. (1) A telecommunications carrier, service provider, or other entity may not initiate charges to be placed on a customer's telecommunications bill unless the service or product has been requested by and provided to the customer. A customer request must be made in the following manner:

(a) by written authorization, in which the telecommunications carrier, service provider, or other entity has obtained a document signed by the customer containing a clear and conspicuous disclosure of the customer's authorization or order of the product or service; or

(b) by verbal authorization, in which the telecommunications carrier, service provider, or other entity has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with commission rules.

(2) (a) The documentation provided for in subsection (1)(a) must be signed by the customer responsible for paying the charges on the telecommunications bill.

(b) The documentation provided for in subsection (1) may not be a part of a sweepstakes, contest, or similar promotional program.

(3) A customer is not liable for any charges submitted for billing on the local exchange company's telephone bill by another carrier, service provider, or entity for products or services that the customer did not authorize or that were not provided to the customer.

(4) The provisions of subsections (1) through (3) do not apply to a transaction between a customer and that customer's selected providers of local exchange or interexchange service, except upon a finding by the commission that services billed were neither requested nor received.
Mont. Code Ann. § 69-3-834 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-834
69-3-834 Duty to interconnect
Status: in_force

69-3-834 . Duty to interconnect. (1) The purpose of this section is to implement specific provisions of the federal Telecommunications Act of 1996, Public Law 104-104.

(2) (a) Each telecommunications carrier shall perform the duties enumerated in 47 U.S.C. 251(a).

(b) Each local exchange carrier shall perform the duties enumerated in 47 U.S.C. 251(b).

(c) In addition to the duties provided for in subsection (2)(b), each incumbent local exchange carrier shall perform the duties enumerated in 47 U.S.C. 251(c).

(3) (a) Except under the circumstances set forth in subsection (4), the provisions of subsection (2)(c) do not apply to a rural telephone company until:

(i) the company has received a bona fide request for interconnection, services, or network elements; and

(ii) the commission determines under subsection (3)(b) that the request is not unduly economically burdensome, is technically feasible, and is consistent with 47 U.S.C. 254 (other than 47 U.S.C. 254(b)(7) and (c)(1)(D)).

(b) The party making a bona fide request of a rural telephone company for interconnection, services, or network elements shall submit a notice of its request to the commission. The commission shall conduct an inquiry for the purpose of determining whether to terminate the exemption provided by subsection (3)(a). Within 120 days after the commission receives notice of the request, the commission shall terminate the exemption if the request is not unduly economically burdensome, is technically feasible, and is consistent with 47 U.S.C. 254 (other than 47 U.S.C. 254(b)(7) and (c)(1)(D)). Upon termination of the exemption, the commission shall establish an implementation schedule for compliance with the request that is consistent in time and manner with the federal communications commission's regulations.

(4) The exemption provided by subsection (3)(a) does not apply with respect to a request from a cable operator providing video programming and seeking to provide any telecommunications service in the area in which the rural telephone company was providing video programming on February 8, 1996.

(5) (a) A local exchange carrier with fewer than 2% of the nation's subscriber lines, installed in the aggregate nationwide, may petition the commission for a suspension or modification of the application of a requirement of subsection (2)(b) or (2)(c) to telephone exchange service facilities specified in the petition. The commission shall grant the petition for the suspension or modification to the extent and for the duration that the commission determines:

(i) is necessary:

(A) to avoid a significant adverse economic impact on users of telecommunications services generally;

(B) to avoid imposing a requirement that is unduly economically burdensome; or

(C) to avoid imposing a requirement that is technically infeasible; and

(ii) is consistent with the public interest, convenience, and necessity.

(b) The commission shall act upon any petition filed under subsection (5)(a) within 180 days after receiving the petition. Pending action, the commission may suspend enforcement of the requirement to which the petition applies with respect to the petitioning carrier.
Mont. Code Ann. § 69-1-226 — MT Code / Title 69 / Chapter 1 / Part 2 / Section 69-1-226
69-1-226 Failure to pay fee -- penalty and interest -- collection of fee
Status: in_force

69-1-226 . Failure to pay fee -- penalty and interest -- collection of fee. (1) If a regulated company or an officer or employee of a regulated company files the statement required by 69-1-223 (2) but fails, neglects, or refuses to pay the fee due within the time required, the department of revenue may after the time for payment has expired add to the fee due, in addition to any other penalty provided by law, a penalty of 10% thereof plus interest at the rate of 1% per month or fraction of month computed on the total amount of the fee. Interest is computed from the date the fee is due to the date of payment.

(2) The department of revenue shall mail to the regulated company a notice, pursuant to 15-1-211 , setting forth the amount of the fee, penalty, and interest. The taxpayer may seek review of the department's action pursuant to 15-1-211 .

(3) The 10% penalty may be waived by the department of revenue if reasonable cause for failure and neglect to make payment is provided to the department.
Mont. Code Ann. § 69-4-526 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-526
69-4-526 Civil penalty -- mediation -- contested case hearing -- procedures
Status: in_force

69-4-526 . Civil penalty -- mediation -- contested case hearing -- procedures. (1) An excavator or underground facility owner who receives a civil penalty in accordance with 69-4-524 or 69-4-525 may request a review of the penalty in accordance with this section.

(2) (a) If an excavator or underground facility owner disputes a civil penalty, prior to a contested case the department, in consultation with the advisory council, shall conduct mediation of the disputed penalty in accordance with rules established by the department.

(b) The request must be filed within 20 days after the department issues a civil penalty.

(3) (a) If mediation in accordance with subsection (2) does not resolve the dispute, the request must proceed through the contested case process before the department pursuant to the Montana Administrative Procedure Act.

(b) The request must be filed within 20 days after the mediation report is mailed by the department.

(c) The department shall issue a final decision within 90 days from the close of the contested case.

(4) The department shall issue determinations in writing and provide a copy to all parties named in the dispute.
Mont. Code Ann. § 69-3-802 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-802
69-3-802 Purpose
Status: in_force

69-3-802 . Purpose. The legislature declares that it remains the policy of the state of Montana to maintain universal availability of basic telecommunications service at affordable rates. To the extent that it is consistent with maintaining universal service, it is further the policy of this state to encourage competition in the telecommunications industry, thereby allowing access by the public to resulting rapid advances in telecommunications technology. It is the purpose of this part to provide a regulatory framework that will allow an orderly transition from a regulated telecommunications industry to a competitive market environment, and it is further the purpose of this part to clarify that the commission has authority to implement alternative forms of regulation for providers of regulated telecommunications services.
Mont. Code Ann. § 69-4-501 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-501
69-4-501 Definitions
Status: in_force

69-4-501 . Definitions. The following definitions apply to this part:

(1) "Agricultural locate request" means a request for a locate and mark that is requested based on the perimeter boundary of an agricultural field:

(a) by a property owner or excavator prior to agricultural activity; or

(b) by a property owner or excavator prior to conducting soil probing or testing.

(2) (a) "Business day" means any day beginning at midnight and ending 24 hours later, other than Saturday, Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b) When a holiday listed in subsection (2)(a) occurs on a Saturday, the preceding Friday is not considered a business day. When a holiday listed in subsection (2)(a) occurs on a Sunday, the following Monday is not considered a business day.

(3) "Civil penalty" means a penalty levied by the department in accordance with 69-4-524 and 69-4-525 .

(4) "Council" means the underground facility protection advisory council provided for in 69-4-520 .

(5) "Damage" or "damages" means any impact upon or removal of support from an underground facility as a result of excavation or demolition that, according to the operating practices of the underground facility owner, would necessitate the repair of the facility.

(6) "Department" means the department of labor and industry provided for in 2-15-1701 .

(7) "Designated service area" means a geographic area defined using state and county boundaries or further defined by the members of a notification center in operation on July 1, 2017. There may not be more than two designated service areas in Montana.

(8) "Emergency excavation" means an excavation in response to an emergency locate request that is necessary to:

(a) alleviate a condition that constitutes a clear and present danger to life or property; or

(b) repair a customer outage involving a previously installed utility-owned facility.

(9) "Emergency locate request" means a request for a locate and mark that is requested for:

(a) a condition that constitutes a clear and present danger to life or property; or

(b) a customer outage for which repairs on a previously installed utility-owned facility are required.

(10) "Engineering locate request" means a request for a locate and mark to identify underground facilities for planning and design purposes.

(11) "Event" means damages to an underground facility, if:

(a) the underground facility is not a jurisdictional pipeline; and

(b) the underground facility owner determines the damages are not an incident.

(12) (a) "Excavation" means an operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means or use of any tools, equipment, or explosives. The term includes but is not limited to grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing and driving.

(b) Excavation does not include:

(i) surface road grading maintenance or road or ditch maintenance that does not change the original road or ditch grade or flow line;

(ii) plowing, cultivating, planting, harvesting, or similar agricultural activities in areas cultivated:

(A) within the last 10 years, unless the activities disturb the soil to a depth of 18 inches or more; or

(B) within the last 14 months, to a depth greater than 18 inches, unless the activities disturb the soil to a depth of more than 24 inches;

(iii) gardening by homeowners or occupants in a previously established garden area unless the gardening disturbs the soil to a depth of 12 inches or more; or

(iv) landscaping by homeowners or occupants unless using mechanized equipment or disturbing soil to a depth of 12 inches or more.

(13) "Excavator" means a person conducting the excavation activities defined in subsection (12).

(14) "Identified but unlocatable underground facility" means an underground facility that has been identified but cannot be located with reasonable accuracy.

(15) "Incident" means:

(a) notwithstanding 69-4-529 (6), unless the underground facility is owned by the excavator, a violation of the provisions of 69-4-502 or 69-4-503 by an excavator that, at a single location on a single day, results in damage to an underground facility; or

(b) a violation of the provisions of 69-4-503 (3) by an underground facility owner that, at a single location on a single day, results in damage to an underground facility.

(16) "Jurisdictional pipeline" means a pipeline subject to regulation by the U.S. department of transportation pipeline and hazardous materials safety administration in accordance with 49 CFR 190-199, the Montana public service commission, or both.

(17) "Locatable underground facility" means an underground facility that can be field-located and field-marked with reasonable accuracy.

(18) "Locate" means the use of specialized equipment to identify the location of underground facilities or the actual location of underground facilities identified by the use of specialized equipment.

(19) "Mark" means the use of stakes, paint, or other clearly identifiable material to show the field location or absence of underground facilities, in accordance with the current color code standard of the American public works association. Marking must include identification letters indicating the specific type of underground facility and the width of the facility if it is greater than 6 inches.

(20) "Notification center" means an entity whose membership is open to and is contracting with underground facility owners with underground facilities within a notification center's designated service area.

(21) "Notify", "notice", or "notification" means the completed delivery of information to a person. The delivery of information includes but is not limited to the use of electronic data transfer.

(22) "Outgoing locate request" means an electronic or other document transmitted from a notification center to all member underground facility owners affected by a request for a locate.

(23) "Person" means an individual, partnership, firm, joint venture, corporation, association, municipality, governmental unit, department, or agency and includes a trustee, receiver, assignee, or personal representative of the listed entities.

(24) "Positive response" means notification through an electronic system provided by a notification center that is available to underground facility owners and excavators and is used for communicating and documenting the status of a request for a locate.

(25) "Property owner" means a person owning real property in Montana, its agents, and employees. The term does not include the owner of an easement.

(26) "Reasonably accurate" means location within 18 inches of the outside lateral dimensions of both sides of an underground facility.

(27) "Request for a locate" means the process by which an excavator communicates with a notification center a request for underground facilities to be located and marked in an area where an excavation is planned. A request for a locate that is not an agricultural locate request and is not within city limits or within an area of an authority as defined in 75-6-304 may not exceed 2 miles long by 1,000 feet wide. A request for a locate that is not an agricultural locate request and is within city limits or within an area of an authority as defined in 75-6-304 may not exceed 2,000 feet long by 300 feet wide.

(28) "Third party" means a person who is not an excavator or an underground facility owner.

(29) (a) "Underground facility" means a facility buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, fiber optics, electrical energy, oil, gas, or other substances. The term includes but is not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to the listed items.

(b) The term does not include:

(i) shallow underground water systems designed to irrigate lawns, gardens, or other landscaping;

(ii) privately owned water and sewer lines from private property extending into public rights-of-way to interconnect with public water and sewer; or

(iii) an underground facility used solely to furnish services or commodities to real property, if no part of the underground facility is located in a public street, alley, or right-of-way dedicated to the public use.

(30) "Underground facility owner" means a person owning, controlling, or having the responsibility to maintain an underground facility.
Mont. Code Ann. § 69-8-401 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-401
69-8-401 Maintaining safety and reliability
Status: in_force

69-8-401 . Maintaining safety and reliability. Utilities shall maintain standards of safety and reliability of the electric delivery system and existing customer service requirements.
Mont. Code Ann. § 69-9-114 — MT Code / Title 69 / Chapter 9 / Part 1 / Section 69-9-114
69-9-114 Void
Status: in_force

69-9-114 . Void. I.R. No. 117, Nov. 5, 2002.
Mont. Code Ann. § 69-3-325 — MT Code / Title 69 / Chapter 3 / Part 3 / Section 69-3-325
69-3-325 Notice of hearing
Status: in_force

69-3-325 . Notice of hearing. The commission shall give the public utility and the complainant or complainants at least 10 days' notice of the time when and the place where such hearing will be held.
Mont. Code Ann. § 69-3-101 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-101
69-3-101 Meaning of term "public utility"
Status: in_force

69-3-101 . Meaning of term "public utility". (1) The term "public utility", within the meaning of this chapter, includes every corporation, both public and private, company, individual, association of individuals, and their lessees, trustees, or receivers appointed by any court that own, operate, or control any plant or equipment, any part of a plant or equipment, or any water right within the state for the production, delivery, or furnishing for or to other persons, firms, associations, or corporations, private or municipal:

(a) heat;

(b) street-railway service;

(c) light;

(d) power in any form or by any agency;

(e) except as provided in chapter 7, water for business, manufacturing, household use, or sewerage service, whether within the limits of municipalities or towns or elsewhere;

(f) regulated telecommunications service.

(2) The term does not include:

(a) privately owned and operated water, sewer, or water and sewer systems that do not serve the public;

(b) county or consolidated city and county water or sewer districts as defined in Title 7, chapter 13, parts 22 and 23;

(c) except as provided in chapter 7, municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44; or

(d) a person exempted from regulation as a public utility as provided in 69-3-111 .
Mont. Code Ann. § 69-3-850 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-850
69-3-850 Internet protocol-enabled service not regulated
Status: in_force

69-3-850 . Internet protocol-enabled service not regulated. (1) An internet protocol-enabled service is not subject to regulation under this title.

(2) Except as provided in subsections (3) and (4), an agency, commission, or political subdivision may not enact, adopt, or enforce a law, rule, regulation, ordinance, standard, order, or other provision that regulates the entry, rates, terms, or conditions of any internet protocol-enabled service or otherwise treats providers of internet protocol-enabled service as carriers.

(3) This section does not:

(a) restrict authority delegated to the commission or to a state agency under federal statute, rule, or order;

(b) restrict the application of a law related to consumer protection and fair competition of general applicability to an internet protocol-enabled service or provider;

(c) modify or affect the rights or obligations of a carrier under 47 U.S.C. 251 or 47 U.S.C. 252;

(d) modify or affect commission authority over wholesale telecommunications services, rates, agreements, interconnection, or tariffs;

(e) modify or affect the rights or obligations of any entity for the use of public streets, roads, highways, and rights-of-way, including under an ordinance or agreement managing or providing access to the public right-of-way;

(f) modify or affect the assessment of nondiscriminatory fees associated with enhanced 911 service, universal service, or telecommunications relay service with respect to services described in subsections (4)(b) and (4)(c);

(g) restrict the authority of a state agency to specify requirements for the purchase of an internet protocol-enabled service; or

(h) restrict a commission requirement that a company provider of telecommunications services register as a service provider.

(4) For the purposes of this section, "internet protocol-enabled service" means:

(a) broadband internet service as defined in 90-1-602 (1)(a);

(b) interconnected voice-over internet protocol service that enables real-time, two-way voice communications originating or terminating from a user's location using internet protocol or a successor protocol, that allows users to receive calls originating on the public switched telephone network and to terminate calls to the public switched telephone network, and that requires internet protocol-compatible customer premises equipment;

(c) non-interconnected voice-over internet protocol service that enables real-time voice communications over internet protocol or any successor protocol and that requires internet protocol-compatible customer premises equipment but does not otherwise fit the description of interconnected voice-over internet protocol service; or

(d) any other service, capability, function, or application that uses existing internet protocol or any successor internet protocol and enables an end user to send or receive a communication in existing internet protocol format or any successor internet protocol format, regardless of whether the communication is voice, data, or video.
Mont. Code Ann. § 69-2-205 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-205
69-2-205 Violations
Status: in_force

69-2-205 . Violations. (1) Any regulated company or any officer or employee of any regulated company who, with intent to evade any fee or any requirement of this part or part 2 of chapter 1 or any lawful requirement of the commission thereunder, fails to pay the fee, to make, render, sign, or verify any statement, or to supply any information, within the time required by or under the provisions of this part or part 2 of chapter 1, or who, with like intent, makes, renders, signs, or verifies any false or fraudulent statement or supplies any false or fraudulent information:

(a) shall be liable to a penalty of not more than $1,000, to be recovered by the attorney general, in the name of the state, by action in any court of competent jurisdiction; and

(b) shall also be guilty of a misdemeanor and shall, upon conviction, be fined not to exceed $1,000 or be imprisoned in the county jail not to exceed 1 year or both, at the discretion of the court.

(2) The certificate of the department of revenue to the effect that a fee has not been paid, that a report has not been filed, or that information has not been supplied, as required by or under the provisions of this part or part 2 of chapter 1, shall be prima facie evidence that such fee has not been paid, that such statement has not been filed, or that such information has not been supplied.
Mont. Code Ann. § 69-2-202 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-202
69-2-202 Institution of and intervention in proceedings involving regulated companies
Status: in_force

69-2-202 . Institution of and intervention in proceedings involving regulated companies. (1) The consumer counsel may institute proceedings before the commission against regulated companies.

(2) The consumer counsel may institute, intervene in, or otherwise participate in appropriate proceedings in the state and federal courts and administrative agencies in the name of and on behalf of the utility and transportation consuming public of the state of Montana or substantial elements thereof, including review of decisions rendered by or failure to act by the commission and applications for restraining orders pending the investigation of and decision upon a matter by the commission, pursuant to 27-19-203 .
Mont. Code Ann. § 69-3-1210 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1210
69-3-1210 Independent evaluator role
Status: in_force

69-3-1210 . Independent evaluator role. (1) The independent evaluator shall oversee the competitive solicitation conducted by the public utility to protect the public interest and advance the policies in 69-3-1202 .

(2) The independent evaluator shall:

(a) provide comments to the public utility and the commission on the fairness, transparency, and consistency of a competitive solicitation process with industry standards;

(b) monitor, evaluate, and observe the competitive solicitation process, paying particular attention to the public utility's evaluation of electric supply resources that may result in utility ownership of the resource to ensure that the utility conducts a fair and proper process in accordance with industry standards;

(c) notify the utility and the commission on a timely basis prior to the utility selection of the resources of any discrepancies observed in the process and resolve any differences of opinion; and

(d) prepare a closing report prior to the final selection of the resources regarding the fairness, transparency, and consistency of the process, including selection and notification of electricity supply resources taking part in the solicitation process based on industry standards. Public utilities shall include the closing report in applications for future cost-recovery dockets. The closing report must be made available to the public.

(3) The commission shall grant the independent evaluator the right of intervention in future cost-recovery proceedings for the purpose of entering the closing report into the evidentiary record during discovery and hearings.
Mont. Code Ann. § 69-1-403 — MT Code / Title 69 / Chapter 1 / Part 4 / Section 69-1-403
69-1-403 Determination and collection of fee
Status: in_force

69-1-403 . Determination and collection of fee. (1) The fee provided for in 69-1-402 to be paid by regulated companies must be determined in the manner set forth in 69-1-224 for determining the consumer counsel fee, except that gross revenues from sales to other regulated companies for resale, as calculated by the public service commission, must be excluded from the determination of the total gross operating revenue pursuant to 69-1-224 .

(2) The department of revenue shall give notice by mail to each regulated company of the percentage determined pursuant to 69-1-224 and this section to be applied to gross operating revenues reported under 69-1-223 , excluding gross revenues from sales to other regulated companies for resale.

(3) The fee provided for in 69-1-402 may be computed and collected in the manner provided in 69-1-225 through 69-1-227 .

(4) All fees paid by a regulated company pursuant to this section are immediately recoverable by the regulated company in its rates and charges. Within 30 days after the issuance by the department of revenue of the notice required by 69-1-224 (1), the public service commission shall by separate order authorize each regulated company to fully recover in its rates and charges, on an annual basis, the fees levied by this part.
Mont. Code Ann. § 69-3-1104 — MT Code / Title 69 / Chapter 3 / Part 11 / Section 69-3-1104
69-3-1104 Disclosure requirements
Status: in_force

69-3-1104 . Disclosure requirements. An operator service provider shall:

(1) identify itself, audibly and distinctly, to the customer at the beginning of each telephone call and before the customer incurs any charges. Each operator service provider shall also identify itself to the billed party when verifying third-party billed calls.

(2) disclose, audibly and distinctly to the customer, at no charge and before connecting any intrastate call, how to obtain the total cost of the call, including any aggregator surcharge, or the maximum possible total cost of the call, including any aggregator surcharge, before providing further advice to the customer on how to proceed to make the call. The voice disclosure required in this section must instruct each customer that the customer may obtain applicable rate and surcharge amounts by dialing not more than two digits or by remaining on the line.

(3) upon request, fully and immediately disclose to the customer, at no charge, the operator service provider's method of collecting its charges, a description of the operator service provider's method of resolving customer complaints, a toll-free telephone number that can be used to report complaints to or contest charges of the operator service provider, and all other requested information pertinent to the customer's use of the operator service provider's services. The provisions of this subsection apply to the called party on collect calls.

(4) permit the customer to terminate the telephone call at no charge before the call is connected to the called party.
Mont. Code Ann. § 69-4-1003 — MT Code / Title 69 / Chapter 4 / Part 10 / Section 69-4-1003
69-4-1003 Advanced metering devices -- notice required
Status: in_force

69-4-1003 . Advanced metering devices -- notice required. (1) A utility shall:

(a) notify a customer in writing at least 60 days prior to installation of an advanced metering device at the customer's address; and

(b) provide a sample copy of the notice to the public service commission and a list of customers who have been provided notice.

(2) The notice provided in accordance with subsection (1) must:

(a) be sent by first-class mail to a customer's address and be separate from any billing mailing;

(b) clearly state the utility's intent to install an advanced metering device; and

(c) if determined to be a requirement by the public service commission, include the process and financial obligations for a customer to opt out of installation of an advanced metering device.
Mont. Code Ann. § 69-1-114 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-114
69-1-114 Fees
Status: in_force

69-1-114 . Fees. (1) Each fee charged by the commission must be reasonable.

(2) Except for a fee assessed pursuant to 69-3-204 (2), 69-3-1204 (6)(b), 69-3-1207 (5)(a), 69-3-1612 (4), or 69-12-423 (2), a fee set by the commission may not exceed $500.

(3) All fees collected by the commission under 69-3-1204 (6)(b) must be deposited in an account in the special revenue fund. Funds in this account must be used as provided in 69-3-1204 (6)(b).

(4) All fees collected by the commission under 69-3-1612 (4) must be treated as financing costs and used in accordance with a financing order issued in accordance with 69-3-1606 .
Mont. Code Ann. § 69-3-1617 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1617
69-3-1617 Montana energy impact assistance property
Status: in_force

69-3-1617 . Montana energy impact assistance property. (1) Montana energy impact assistance property described in a financing order is an existing present property right or interest in a property right even though the imposition and collection of Montana energy impact assistance charges depends on the electric utility collecting Montana energy impact assistance charges and on future electricity consumption. The property right or interest exists regardless of whether the revenues or proceeds arising from the Montana energy impact assistance property have been billed, have accrued, or have been collected.

(2) Montana energy impact assistance property described in a financing order exists until all Montana energy impact assistance bonds issued pursuant to the financing order are paid in full and all financing costs and other costs of the Montana energy impact assistance bonds have been recovered in full.

(3) All or any portion of Montana energy impact assistance property described in a financing order issued to an electric utility may be transferred, sold, conveyed, or assigned to a successor or assignee that is wholly owned, directly or indirectly, by the electric utility and is created for the limited purpose of acquiring, owning, or administering Montana energy impact assistance property or issuing Montana energy impact assistance bonds as authorized by the financing order. All or any portion of Montana energy impact assistance property may be pledged to secure Montana energy impact assistance bonds issued pursuant to a financing order, amounts payable to financing parties and to counterparties under any ancillary agreements, and other financing costs. Each transfer, sale, conveyance, assignment, or pledge by an electric utility or an affiliate of an electric utility is a transaction in the ordinary course of business.

(4) If an electric utility defaults on any required payment of charges arising from Montana energy impact assistance property described in a financing order, a court, upon application by an interested party and without limiting any other remedies available to the applying party, shall order the sequestration and payment of the revenues arising from the Montana energy impact assistance property to the financing parties. Any financing order remains in full force and effect notwithstanding any reorganization, bankruptcy, or other insolvency proceedings with respect to the electric utility or its successors or assignees.

(5) The interest of a transferee, purchaser, acquirer, assignee, or pledgee in Montana energy impact assistance property specified in a financing order issued to an electric utility, and in the revenue and collections arising from that property, is not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the reorganization, bankruptcy, or other insolvency of the electric utility or any other entity.

(6) A successor to an electric utility, whether pursuant to any reorganization, bankruptcy, or other insolvency proceeding or whether pursuant to any merger or acquisition, sale, other business combination, or transfer by operation of law, as a result of electric utility restructuring or otherwise, must perform and satisfy all obligations of, and has the same duties and rights under a financing order as the electric utility to which the financing order applies and shall perform the duties and exercise the rights in the same manner and to the same extent as the electric utility, including collecting and paying to any person entitled to receive revenues, collections, payments, or proceeds of Montana energy impact assistance property described in the financing order.
Mont. Code Ann. § 69-8-413 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-413
69-8-413 Department rulemaking authority
Status: in_force

69-8-413 . Department rulemaking authority. (1) The department of revenue shall adopt rules on or before September 1, 1999, specifying acceptable universal system benefits programs credits and expenditures and adopting procedures for challenged credits.

(2) Rules adopted pursuant to this part must be adopted in accordance with the Montana Negotiated Rulemaking Act, Title 2, chapter 5, part 1.

(3) Universal system benefits programs credits claimed or expenditures made prior to the adoption of the rules under subsection (1) must be allowed and are not subject to the requirements of 69-8-414 .
Mont. Code Ann. § 69-1-115 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-115
69-1-115 Commission recordkeeping and employment of personnel
Status: in_force

69-1-115 . Commission recordkeeping and employment of personnel. (1) The commission shall keep a full and complete record of all its proceedings and preserve at the office of the commission all books, maps, documents, and papers entrusted to its care.

(2) The commission may appoint secretaries, stenographers, inspectors, experts, and other persons whenever determined necessary by the commission to perform its duties.
Mont. Code Ann. § 69-8-503 — MT Code / Title 69 / Chapter 8 / Part 5 / Section 69-8-503
69-8-503 Transition costs financing
Status: in_force

69-8-503 . Transition costs financing. (1) A utility may apply to the commission for a determination that certain transition costs may be recovered through the issuance of transition bonds. If transition bonds are issued, cost savings associated with and resulting from the bonds must benefit customers. After the issuance of a financing order, the utility retains sole discretion regarding whether to sell, assign, or otherwise transfer or pledge transition property or to cause the transition bonds to be issued, including the right to defer or postpone the sale, assignment, transfer, pledge, or issuance. If transition bonds are not issued within 4 years of the issuance of the financing order, the financing order must terminate. The utility may apply for an extension or renewal of a financing order.

(2) (a) The commission may issue financing orders in accordance with this section to facilitate the recovery, reimbursement, financing, or refinancing of transition costs and the acquisition of transition property. A financing order may be adopted only upon the application of a utility and may become effective in accordance with its terms only after the utility files with the commission the utility's written consent to all terms and conditions of the financing order. A financing order may specify how amounts collected from a customer are allocated between fixed transition amounts and other charges.

(b) A financing order must include, without limitation, a procedure for the expeditious approval by the commission of periodic adjustments to nonbypassable rates and charges associated with fixed transition amounts included in the order to ensure recovery of all transition costs and the costs of capital associated with the proposed recovery, reimbursement, financing, or refinancing of transition costs and the acquisition of transition property, including the costs of issuing, servicing, and retiring the transition bonds contemplated by the financing order. The order must set forth the term over which the transition bonds are to be paid, but those terms may not exceed 20 years. These adjustments may not impose fixed transition amounts upon customer classes that were not subject to the fixed transition amounts in the pertinent financing order.

(3) (a) Notwithstanding any other provision of law, and except as otherwise provided in this section with respect to transition property that has been made the basis for the issuance of transition bonds and upon the issuance of transition bonds, the financing orders and the fixed transition amounts must be irrevocable.

(b) If transition bonds have been issued, the commission may not by rescinding, altering, or amending the financing order or otherwise:

(i) revalue or revise for ratemaking purposes the transition costs or the costs of recovering, reimbursing, financing, or refinancing the transition costs and acquiring transition property;

(ii) determine that the fixed transition amounts or rates are unjust or unreasonable; or

(iii) in any way reduce or impair the value of transition property either directly or indirectly by taking fixed transition amounts into account when setting other rates for the utility.

(c) The total amount of the transition property may not be subject to reduction, impairment, postponement, or termination.

(d) Except as otherwise provided in this section, the state pledges and agrees with the assignees and pledgees of transition property and transition bondholders that the state may not limit or alter the fixed transition amounts, transition property, financing orders, or any right under the bonds until the bonds, together with the interest on the bonds, are fully met and discharged. The board, as agent for the state, is authorized to include this pledge and undertaking for the state in these bonds.

(e) Notwithstanding any other provision of this section, the commission shall approve those adjustments to the fixed transition amounts that may be necessary to ensure timely recovery of all transition costs that are the subject of the pertinent financing order and the costs of capital associated with the recovery, reimbursement, financing, or refinancing of transition costs and acquiring transition property including the costs of issuing, servicing, and retiring the transition bonds contemplated by the financing order. The adjustments may not impose fixed transition amounts upon customer classes that were not subject to the fixed transition amounts in the pertinent financing order.

(4) (a) Financing orders do not constitute a debt or liability of the state or of any political subdivision of the state if issued through the board and do not constitute a pledge of the full faith and credit of the state or any of the state's political subdivisions if issued through the board. The financing orders are payable solely from the funds provided under this section. The bonds and offering documents must contain on their face a statement to the following effect:

"This bond may not constitute an indebtedness or a loan of credit of the state of Montana or any political subdivision of the state of Montana within any constitutional or statutory provision. Neither the full faith and credit nor the taxing power of the state of Montana is pledged to the payment of the principal or interest on this bond, and neither the state of Montana nor any political subdivision of the state of Montana is obligated, directly, indirectly, or contingently, to levy or to pledge any form of taxation or to make any appropriation for the payment of this bond. This bond is a limited obligation of the issuer, payable solely out of the transition property or the proceeds of that property specifically pledged for its payment and not otherwise."

(b) The issuance of bonds under this section may not directly, indirectly, or contingently obligate the state or any political subdivision of the state to levy or to pledge any form of taxation or to make any appropriation for bond payment.

(5) The commission shall establish procedures for the expeditious processing of applications for financing orders, including the approval or disapproval of applications within 120 days after a utility submits a complete application. The commission shall provide in any financing order for a procedure for the expeditious approval by the commission of periodic adjustments to the fixed transition amounts that are the subject of the pertinent financing order pursuant to subsection (2). The commission shall determine on each anniversary of the issuance of the financing order and at additional intervals as may be provided for in the financing order whether the adjustments are required and shall provide for the adjustments, if required, to be approved within 60 days of each anniversary of the issuance of the financing order or of each additional interval provided for in the financing order.

(6) Fixed transition amounts become transition property when and to the extent that a financing order authorizing the fixed transition amounts has become effective in accordance with subsection (2), and the transition property must thereafter continuously exist as property for all purposes with all of the rights and privileges of this chapter for the period and to the extent provided in the financing order or until the transition bonds are paid in full, including all principal, interest, premium, costs, and arrearages on the transition bonds.

(7) Transition bonds may be issued upon commission approval in the pertinent financing order. Transition bonds must specify that they do not provide recourse to the credit or any assets of the utility, other than the transition property as specified in the pertinent financing order.

(8) (a) A utility may sell, assign, or transfer all or portions of the utility's interest in transition property to an assignee. A utility or an assignee may further sell, assign, or transfer the utility's interest in that transition property to one or more assignees in connection with the issuance of transition bonds to the extent approved in the pertinent financing order.

(b) A utility or an assignee may pledge transition property as collateral for transition bonds to the extent approved in the pertinent financing order and may provide for a security interest in the transition property as provided in this section.

(c) Transition property may be sold, assigned, or transferred for the benefit of:

(i) transition bondholders in connection with the exercise of remedies upon a default; or

(ii) any person acquiring the transition property after a sale, assignment, or transfer pursuant to this section.

(9) (a) To the extent that any interest in transition property is sold, assigned, transferred, or pledged as collateral, the commission shall authorize the utility to contract with any assignee so that the utility will, subject to the utility's rights under subsection (18):

(i) continue to operate the utility's system and to provide service to the utility's customers;

(ii) collect amounts in respect of the fixed transition amounts for the benefit and account of the assignee; and

(iii) account for and remit these amounts to or for the account of the assignee.

(b) Contracting with the assignee in accordance with the commission's authorization may not impair or negate the characterization of the sale, assignment, transfer, or pledge as a true sale, an absolute assignment or transfer, or a grant of a security interest, as applicable.

(10) Notwithstanding any other provision of law, any provision under this section or under a financing order requiring that the commission take or refrain from taking action with respect to the subject matter of a financing order binds the commission and any successor commission or agency exercising functions similar to the commission, and the commission or any successor commission or agency may not rescind, alter, or amend that requirement in a financing order.

(11) A pledge or any other security interest in transition property is valid, is enforceable against the pledgor and third parties, including judgment lien creditors, subject only to the rights of any third parties holding security interests in the transition property perfected in the manner described in this section, and attaches only when all of the following have taken place:

(a) the commission has issued the financing order authorizing the fixed transition amounts included in the transition property;

(b) value has been given by the pledgees of the transition property; and

(c) the pledgor has signed a security agreement or other financing-related agreement covering the transition property.

(12) (a) A valid and enforceable security interest in transition property is perfected only when it has attached and when a financing statement has been filed with the secretary of state in accordance with procedures that the secretary of state may establish. The financing statement must name the pledgor of the transition property as debtor and identify the transition property.

(b) Any description of the transition property is sufficient if the description refers to the financing order creating the transition property.

(c) The commission may require other filings with respect to the security interest in accordance with procedures the commission may establish, except that these filings may not affect the perfection of the security interest.

(13) A perfected security interest in transition property is a continuously perfected security interest in all revenue and proceeds arising with respect to the transition property, whether or not the revenue or proceeds have accrued. Conflicting security interests must rank according to priority in time of perfection. Transition property constitutes property for all purposes, including for contracts securing transition bonds, whether or not the revenue and proceeds arising with respect to the transition property have accrued.

(14) (a) Subject to the terms of the security agreement covering the transition property and the rights of any third parties holding security interests in the transition property perfected in the manner described in this section, the validity and relative priority of a security interest created under this section is not defeated or adversely affected by:

(i) the commingling of revenue arising with respect to the transition property with other funds of the utility that is the pledgor or transferor of the transition property; or

(ii) any security interest of any third party in a deposit account of that utility perfected under Title 30, chapter 9A, part 3, into which the revenue is deposited.

(b) Subject to the terms of the security agreement, upon compliance with the requirements of this section, a pledgee of the transition property has a perfected security interest in all cash and deposit accounts of the utility in which revenue arising with respect to the transition property has been commingled with other funds, but the perfected security interest must be limited to an amount no greater than the amount of the revenue with respect to the transition property received by the utility within 12 months before any default under the security agreement or the institution of insolvency proceedings by or against the utility, less payments from the revenue to the pledgees during that 12-month period.

(15) (a) If a default occurs under the security agreement covering the transition property, a pledgee of the transition property, subject to the terms of the security agreement, has all rights and remedies of a secured party upon default under Title 30, chapter 9A, part 6, and is entitled to foreclose or otherwise enforce the pledgee's security interest in the transition property, subject to the rights of any third parties holding prior security interests in the transition property perfected in the manner provided in this section.

(b) The commission may require in the financing order creating the transition property that in the event of default by the utility in payment of revenue arising with respect to the transition property, the commission and any successor to the commission, upon the application by a pledgee or assignee of the transition property and without limiting any other remedies available to the pledgees or transferees by reason of the default shall order the sequestration and payment to the pledgee or assignee of the proceeds of the transition property. An order must remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the public utility or a debtor, pledgor, or transferor of the transition property.

(c) Any sum in excess of amounts necessary to pay principal, premium, if any, interest, costs, and arrearages on the transition bonds and other costs arising under the security agreement must be remitted to the debtor or to the pledgor as provided in the security agreement.

(16) (a) A transfer of transition property by a utility to an assignee or by the assignee to another assignee that the parties have in the governing documentation expressly stated to be a sale or other absolute transfer in a transaction approved or authorized in a financing order must be treated as an absolute transfer of all of the transferors right, title, and interest, as in a true sale, and not as a pledge or other financing of the transition property, other than for federal and state income and franchise tax purposes.

(b) Granting to transition bondholders a preferred right to revenue of the utility or the provision by the utility or an assignee of other credit enhancement with respect to transition bonds may not impair or negate the characterization of any transfer as a true sale, other than for federal and state income and franchise tax purposes.

(c) Notwithstanding the provisions of this subsection (16), for state tax purposes, a transfer must be treated as a pledge or other financing unless the governing documentation of transfer specifically states that the transfer is intended to be treated otherwise. The characterization of the transfer as a true sale or other absolute transfer in the governing documentation of a transfer is not intended to prejudice the characterization of the transfer as a pledge or other financing for federal tax purposes.

(17) A sale, assignment, or other transfer of transition property may be considered perfected as against any third person, including any judicial lien creditor, only when both of the following have taken place:

(a) the financing order authorizing the fixed transition amounts included in the transition property has become effective in accordance with subsection (2); and

(b) an assignment of the transition property, in writing, has been executed and delivered to the transferee.

(18) (a) As between bona fide assignees of the same right for value without notice, the assignee first filing a financing statement with the secretary of state in accordance with procedures that the secretary of state may establish has priority. The financing statement must name the assignor of the transition property as debtor and must identify the transition property. Any description of the transition property is sufficient if the description refers to the financing order creating the transition property. The commission may require the assignor or the assignee to make other filings with respect to the transfer in accordance with procedures that the commission may establish, but these filings may not affect the perfection of the transfer.

(b) Any successor to the utility, whether pursuant to any bankruptcy, reorganization, or other insolvency proceeding or pursuant to any merger, sale, or transfer, by operation of law or otherwise, shall perform and satisfy all obligations of the utility pursuant to this section in the same manner and to the same extent as the utility, including but not limited to collecting and paying to the assignee or pledgee, as the case may be, revenue arising with respect to the transition property sold, assigned, transferred, or pledged to secure transition bonds.

(19) Transition property or any right, title, or interest of a utility, assignee, or pledgee described in the definition of transition property, whether before or after the issuance of a financing order, does not constitute an account or general intangibles as those terms are defined in 30-9A-102 . Any right, title, or interest pertaining to a financing order, including the interest pertaining to a financing order, along with the associated transition property and any revenue, collections, claims, payments, money, or proceeds of or arising from fixed transition amounts pursuant to the financing order, may not be considered proceeds of any right, title, or interest other than in the order and the transition property arising from the order.

(20) The lien under this section is enforceable against the pledgor and all third parties, including judicial lien creditors, subject only to the rights of any third parties holding security interests in the transition property previously perfected in the manner described in this section if value has been given by the purchasers of transition bonds. A perfected lien in transition property is a continuously perfected security interest in all revenue and proceeds arising with respect to the associated transition property, whether or not revenue has been accrued. Transition property constitutes property for the purposes of contracts securing transition bonds, whether or not the related revenue has accrued. The lien created under this section is perfected and ranks before any lien, including any judicial lien, that subsequently attaches to the transition property, to the fixed transition costs, and to the financing order and any rights created by the order or any proceeds of the order. The relative priority of a lien created under this section is not defeated or adversely affected by changes to the financing order or to the fixed transition amounts payable by any customer.

(21) The commission shall establish and maintain a separate system of records to reflect the date and time of receipt of all filings made under this section and may provide that transfers of transition property to an assignee be filed in accordance with the same system.

(22) Any sale, assignment, or other transfer of transition property or any pledge of transition property is exempt from any state or local sales, income, transfers, gains, receipts, or similar taxes.

(23) The transition bonds issued under this chapter are exempt from the provisions of Title 30, chapter 10, but copies of all prospectus and disclosure documents must be deposited for public inspection with the state securities commissioner.

(24) The granting, perfection, and priority of security interests with respect to transition property and the proceeds of transition property are governed by this section rather than by Title 30, chapter 9A.

(25) Upon the payment in full of transition bond principal and interest, the utility shall discontinue charging and collecting the competitive transition charge associated with that portion of the utility's approved transition costs.

(26) The commission may, by order or rule and subject to terms and conditions that it may prescribe, exempt any security or class of securities for which an application is required under this title or any public utility or class of public utility from the provisions of this title if it finds that the application of this title to the security, class of security, public utility, or class of public utility is not required by the public interest.
Mont. Code Ann. § 69-2-201 — MT Code / Title 69 / Chapter 2 / Part 2 / Section 69-2-201
69-2-201 Appearance at hearings by counsel
Status: in_force

69-2-201 . Appearance at hearings by counsel. The consumer counsel may appear at public hearings conducted by the commission, as the representative of the consuming public, on all matters which come before the commission which in any way affect the consuming public and shall have all the rights and powers of any party in interest appearing before the commission regarding examination and cross-examination of witnesses, presentation of evidence, and other matters.
Mont. Code Ann. § 69-3-831 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-831
69-3-831 Interconnection -- construction and effect
Status: in_force

69-3-831 . Interconnection -- construction and effect. Sections 69-3-832 through 69-3-849 and this section do not grant any jurisdiction to the commission over telecommunications carriers except as expressly set forth in 69-3-832 through 69-3-849 and this section, and 69-3-832 through 69-3-849 and this section may not be construed to limit or repeal exemptions from the commission's jurisdiction otherwise recognized by statute or law. Legislation may not be considered to supersede or modify any provision of 69-3-832 through 69-3-849 and this section except to the extent that the legislation does so expressly.
Mont. Code Ann. § 69-14-702 — MT Code / Title 69 / Chapter 14 / Part 7 / Section 69-14-702
69-14-702 Crossings to be maintained
Status: in_force

69-14-702 . Crossings to be maintained. (1) Any railroad corporation or lessee, person, company, or corporation operating any railroad in this state which may fence its right-of-way shall make crossings through its fence and over its roadbed along its right-of-way every 4 miles thereof or as near thereat as may be practicable.

(2) Such openings shall not be less than 60 feet in width.
Mont. Code Ann. § 69-4-205 — MT Code / Title 69 / Chapter 4 / Part 2 / Section 69-4-205
69-4-205 Violations
Status: in_force

69-4-205 . Violations. Every corporation or joint-stock company or individual which violates 69-4-201 is guilty of a misdemeanor.
Mont. Code Ann. § 69-1-101 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-101
69-1-101 Definition of commission
Status: in_force

69-1-101 . Definition of commission. As used in this title, the term "commission" means the public service commission provided for in 2-15-2602 .
Mont. Code Ann. § 69-3-105 — MT Code / Title 69 / Chapter 3 / Part 1 / Section 69-3-105
69-3-105 Access to commission records and reports -- protective order
Status: in_force

69-3-105 . Access to commission records and reports -- protective order. (1) Except as provided in subsection (2), the reports, records, accounts, files, papers, and memoranda of every nature in the possession of the commission are open to the public during regular business hours, as defined in 2-16-117 .

(2) The commission may issue a protective order when necessary to preserve trade secrets, as defined in 30-14-402 , or other information that must be protected under law, as required to carry out its regulatory functions.
Mont. Code Ann. § 69-3-225 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-225
69-3-225 Overbilling of regulated telecommunications tariff charges -- statute of limitations for recovery
Status: in_force

69-3-225 . Overbilling of regulated telecommunications tariff charges -- statute of limitations for recovery. (1) A person or entity alleging overbilling of tariffed telecommunications charges by a regulated telecommunications company shall file the action before the commission or a court of competent jurisdiction within 2 years of the date of overbilling.

(2) This section is intended to be consistent with limitations on actions as provided in 47 U.S.C. 415.

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

(a) "Overbilling" means presenting a bill to a customer of a regulated telecommunications company that includes charges that overstate the amount owed by the customer pursuant to the tariff for the service as approved by and on file with the commission.

(b) "Regulated telecommunications company" means all public utility companies that are regulated pursuant to 69-3-101 (1)(f), Title 69, chapter 3, part 8, and 69-3-803 (9).

(c) "Tariffed telecommunications charges" means all charges and fees for regulated services billed by a regulated telecommunications company as authorized by a tariff that has been approved by and filed with the commission.
Mont. Code Ann. § 69-12-210 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-210
69-12-210 Complaints
Status: in_force

69-12-210 . Complaints. (1) The commission may conduct investigations and hear complaints to determine whether a motor carrier has violated any of the commission's rules or orders or any provision of this chapter.

(2) Following an opportunity for hearing and upon a finding that a motor carrier has violated any of the commission's rules or orders or any provision of this chapter, the commission may suspend or revoke the motor carrier's certificate or impose any penalty provided for under 69-12-108 .
Mont. Code Ann. § 69-12-209 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-209
69-12-209 Enforcement procedures
Status: in_force

69-12-209 . Enforcement procedures. (1) Orders and final determinations of the commission in all proceedings pursuant to the provisions of this chapter must be enforced in the manner provided for by the commission in accordance with Title 69, chapter 14, part 1.

(2) If any motor carrier violates the provisions of this chapter or fails or neglects to obey a commission order, the commission or any party injured may apply to any court of competent jurisdiction, in any county where the motor carrier is engaged in business, for the enforcement of this chapter or the order. The court shall enforce the provisions of this chapter or commission orders by writ of injunction or other proper process, mandatory or otherwise, to restrain the carrier or its officers, agents, employees, or representatives from further violation of the requirements of this chapter or the order or to require the carrier or its officers, agents, employees, or representatives to obey the requirements of this chapter or the order.
Mont. Code Ann. § 69-3-835 — MT Code / Title 69 / Chapter 3 / Part 8 / Section 69-3-835
69-3-835 Voluntary negotiation of interconnection agreements
Status: in_force

69-3-835 . Voluntary negotiation of interconnection agreements. Upon receiving a request for interconnection, services, or network elements pursuant to 69-3-834 , an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier without regard to the duties set forth in 69-3-834 (2)(b) or (2)(c). The agreement must include a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement.
Mont. Code Ann. § 69-3-1607 — MT Code / Title 69 / Chapter 3 / Part 16 / Section 69-3-1607
69-3-1607 Effect of financing order
Status: in_force

69-3-1607 . Effect of financing order. (1) A financing order remains in effect until the Montana energy impact assistance bonds issued as authorized by the financing order have been paid in full and all financing costs related to the bonds have been paid in full.

(2) A financing order remains in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of an electric utility to which the financing order applies or any affiliate of the electric utility or successor entity or assignee.

(3) A financing order is irrevocable, and the commission may not reduce, impair, postpone, or terminate Montana energy impact assistance charges approved in a financing order or impair Montana energy impact assistance property or the collection or recovery of Montana energy impact assistance revenue.

(4) Notwithstanding subsection (3), on its own motion or at the request of an electric utility or any other person, the commission may commence a proceeding and issue a subsequent financing order that provides for refinancing, retiring, or refunding Montana energy impact assistance bonds issued pursuant to the original financing order if:

(a) the commission makes all of the findings specified in 69-3-1606 (1) with respect to the subsequent financing order; and

(b) the modification provided for in the subsequent financing order does not impair in any way the covenants and terms of the Montana energy impact assistance bonds to be refinanced, retired, or refunded.
Mont. Code Ann. § 69-4-528 — MT Code / Title 69 / Chapter 4 / Part 5 / Section 69-4-528
69-4-528 Notification center grants
Status: in_force

69-4-528 . Notification center grants. (1) The department, in consultation with the council, shall award grants annually to notification centers using the account established pursuant to 69-4-527 (3)(b). Beginning January 1, 2018, grants must be awarded to notification centers in accordance with this section and rules adopted by the department in accordance with 69-4-522 .

(2) Grants must be awarded to notification centers to fund training and educational programs and materials for excavators, underground facility owners, and the general public.

(3) Nothing in this section prevents a notification center from:

(a) transferring grant money received to another entity for nonprofit underground facility education programs; or

(b) collaborating with another notification center on a joint grant application.
Mont. Code Ann. § 69-13-103 — MT Code / Title 69 / Chapter 13 / Part 1 / Section 69-13-103
69-13-103 Right to construct pipelines
Status: in_force

69-13-103 . Right to construct pipelines. (1) The right to lay, maintain, and operate pipelines, together with telegraph and telephone lines incidental to and designed for use only in connection with the operation of such lines, or along, across, or under any public stream or highway in this state is hereby conferred upon all persons, firms, limited partnerships, joint-stock associations, or corporations coming within any of the definitions of common carrier pipelines as hereinbefore made. This right to run along, across, or over any public road or highway, as provided for, can only be exercised upon condition that the traffic thereon not be interfered with and that such road or highway be promptly restored to its former condition of usefulness. The restoration of the road or highway is subject also to the supervision of the county commissioners of the county in which said highway is situated.

(2) Any person, firm, limited partnership, joint-stock association, or corporation may acquire the right to construct pipelines and such incidental telephone and telegraph lines along, across, or over any public road or highway in this state by filing with the commission an acceptance of the provisions of this law, expressly agreeing in writing that in consideration of the right so acquired, it shall be and become a common carrier pipeline, subject to the duties and obligations conferred or imposed in this chapter. In the exercise of the privileges herein conferred, such pipelines shall compensate the county for any damage done to such public road in the laying of pipelines or telegraph or telephone lines along or across the same. Nothing herein shall be construed to grant any pipeline company the right to use any public street or alley in any incorporated city or town except by express permission from the city or governing authority thereof.
Mont. Code Ann. § 69-3-1201 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1201
69-3-1201 Short title
Status: in_force

69-3-1201 . Short title. This part may be cited as the "Montana Integrated Least-Cost Resource Planning and Acquisition Act".
Mont. Code Ann. § 69-1-106 — MT Code / Title 69 / Chapter 1 / Part 1 / Section 69-1-106
69-1-106 Vacancies
Status: in_force

69-1-106 . Vacancies. (1) Any vacancy occurring in the commission must be filled by appointment by the governor as provided in this section. The appointee shall hold office until the next general election and until a successor is elected and qualified. At the biennial election following the occurrence of any vacancy in the commission, there must be elected one member to fill out the unexpired term for which the vacancy exists.

(2) (a) When a vacancy occurs, if the former incumbent represented a party eligible for primary election under 13-10-601 , the person appointed by the governor must be a member of the same political party and must be selected by the governor as provided in subsections (3) and (4).

(b) If the former incumbent was an independent or was originally nominated from a party that does not meet the requirements of 13-10-601 , the governor shall appoint an individual to the vacant position within 45 days of receiving notification from the secretary of state of the vacancy.

(3) Within 7 days of being notified of a vacancy as described in 2-16-501 , the secretary of state shall notify the governor and, if the former incumbent represented a party eligible for primary election under 13-10-601 , the state party that was represented by the former incumbent.

(4) (a) Upon receipt of a notification of a vacancy, the state party central committee notified pursuant to subsection (3) has 30 days to forward to the governor a list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent.

(b) If the governor does not select an appointee from the list forwarded pursuant to subsection (4)(a) within 15 days, the central committee shall, within 15 days, forward a second list of three prospective appointees, each of whom must be a resident of the district represented by the former incumbent. The second list may not contain a name submitted on the first list. Within 15 days of receipt of the second list, the governor shall select an appointee from either list.
Mont. Code Ann. § 69-3-1415 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1415
69-3-1415 Application and approval of natural gas production and gathering resources
Status: in_force

69-3-1415 . Application and approval of natural gas production and gathering resources. (1) A natural gas utility may apply to the commission for approval of a natural gas production and gathering resource that is not yet procured.

(2) (a) Within 45 days of the natural gas utility's submission of an application under subsection (1), the commission shall determine whether or not the application is adequate and in compliance with the commission's minimum filing requirements.

(b) If the commission determines that the application is inadequate, the commission shall, within 10 days of the determination, provide written notice to the natural gas utility of the deficiencies.

(3) The commission shall issue an order within 270 days of receipt of an adequate application for approval of an application to lease or acquire an equity interest in natural gas production and gathering resources.

(4) To facilitate timely consideration of an application, the commission may initiate proceedings to evaluate planning and procurement activities related to a potential resource procurement prior to the natural gas utility's submission of an application for approval.

(5) (a) The commission may approve or deny, in whole or in part, an application for approval of a natural gas production resource, a gathering resource, or both.

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

(c) A commission order granting approval of an application must find that the application is in whole or in part in the public interest.

(d) The commission order may include a provision for allowable natural gas production and gathering assets cost of service when the utility has filed an application for the lease or acquisition of an equity interest in natural gas production and gathering resources.

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

(f) A commission order that denies approval must describe why the findings required in subsection (5)(c) could not be reached.

(6) Except as otherwise provided in this part, if the commission has issued an order containing the findings required under subsection (5)(c), the commission may not subsequently disallow the recovery of costs related to the approved natural gas production and gathering resource based on contrary findings.

(7) Nothing in this section limits the commission's ability to, in any future rate proceeding, inquire into the manner in which the natural gas utility has managed, dispatched, operated, or maintained any resource or managed any natural gas supply purchase agreement as part of its overall resource portfolio. The commission may subsequently disallow rate recovery for the costs that result from the failure of a natural gas utility to reasonably manage, dispatch, operate, maintain, or administer natural gas production and gathering resources in a manner consistent with 69-3-1413 through 69-3-1416 and commission rules.

(8) By March 31, 2010, the commission shall adopt rules prescribing minimum filing requirements for applications filed pursuant to this part.
Mont. Code Ann. § 69-7-101 — MT Code / Title 69 / Chapter 7 / Part 1 / Section 69-7-101
69-7-101 Municipal utilities -- regulation by municipality
Status: in_force

69-7-101 . Municipal utilities -- regulation by municipality. A municipality has the power and authority to regulate, establish, and change, as it considers proper, rates, charges, and classifications imposed for utility services to its inhabitants and other persons served by municipal utility systems. Rates, charges, and classifications must be reasonable and just.
Mont. Code Ann. § 69-3-1414 — MT Code / Title 69 / Chapter 3 / Part 14 / Section 69-3-1414
69-3-1414 Acquisition of rate-based facilities
Status: in_force

69-3-1414 . Acquisition of rate-based facilities. A natural gas utility that provides its customers with a choice of natural gas suppliers pursuant to 69-3-1403 and that does not own natural gas production and gathering resources on April 1, 2009, may acquire those facilities and place them in the rate base as provided in 69-3-1413 through 69-3-1416 .
Mont. Code Ann. § 69-3-1207 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1207
69-3-1207 Competitive solicitation process -- independent evaluator -- public service commission role
Status: in_force

69-3-1207 . Competitive solicitation process -- independent evaluator -- public service commission role. (1) (a) Except as provided in subsection (6), a public utility that intends to establish [rates] for the acquisition, construction, or purchase of an electricity supply resource shall conduct a competitive solicitation process.

(b) A public utility may not prohibit a qualifying small power production facility as defined in 69-3-601 or another utility or supplier that owns an electricity supply resource or intends to construct an electricity supply resource from participating in a competitive solicitation process.

(c) An independent evaluator must be used to oversee a public utility's competitive solicitation. The commission shall select the independent evaluator pursuant to subsection (4).

(d) An independent evaluator:

(i) shall monitor the evaluation of bids pursuant to a competitive solicitation;

(ii) shall provide oversight to ensure a fair and transparent competitive solicitation;

(iii) must be familiar with competitive bid and evaluation processes; and

(iv) shall evaluate and document the process used by the public utility to solicit and evaluate bids received during a competitive solicitation.

(e) A public utility may conduct a competitive solicitation in conjunction with the development of an integrated least-cost plan in accordance with 69-3-1204 .

(2) A public utility that plans to conduct a competitive solicitation process shall submit the following information to the commission:

(a) a description of the competitive solicitation process that the public utility will use and proof of compliance with subsections (1)(b) and (1)(c), if applicable; and

(b) a complete draft of the proposal soliciting electricity supply resources, citing the requested resource parameters and inviting bids from all resource types.

(3) The commission shall provide notice and accept public comment regarding information received in accordance with subsection (2).

(4) (a) Subject to public comments received pursuant to subsection (4)(b), the commission shall:

(i) solicit, evaluate, and maintain a list of independent evaluators for the competitive solicitation process;

(ii) develop a process to disqualify and remove from the list those independent evaluators who do not comply with established qualifications or who may have a conflict of interest;

(iii) update the list at least every 3 years; and

(iv) after information is submitted to the commission in accordance with subsection (2) and subject to rules adopted by the commission pursuant to subsection (4)(c), select an independent evaluator from the list.

(b) The commission shall accept public comment when developing and updating the list.

(c) On or before July 1, 2026, the commission shall adopt rules for:

(i) evaluating independent evaluators for inclusion on the list;

(ii) selecting an independent evaluator in accordance with this section;

(iii) implementing this subsection (4); and

(iv) prescribing the scope of work for the independent evaluator pursuant to the duties in 69-3-1210 .

(5) (a) The commission may charge a fee to the public utility to pay for the costs of selecting and representing an independent evaluator. This fee must be deposited in the state special revenue fund to the credit of the department for expenses incurred selecting the independent evaluator. These costs are recoverable in rates.

(b) After the commission selects an independent evaluator in accordance with subsection (4), the public utility shall execute a contract for service with the independent evaluator. The contract must include the scope of work developed pursuant to subsection (4)(c)(iv) and the duties in 69-3-1210 .

(6) This section does not apply to:

(a) a request for proposals or purchase by a public utility intended solely to meet the short-term operational needs of the utility for a period of less than 12 months; or

(b) an application made to the commission by a public utility to acquire, construct, or purchase an opportunity resource.

(7) For the purposes of this section, "opportunity resource" means an electricity supply resource necessary to meet a need demonstrated in a plan in accordance with 69-3-1204 (2)(a)(iv) that is either new or existing and that remains unknown as to its availability for purchase until an opportunity to purchase arises.
Mont. Code Ann. § 69-4-1005 — MT Code / Title 69 / Chapter 4 / Part 10 / Section 69-4-1005
69-4-1005 Advanced metering gateway device opt-in provisions -- rulemaking
Status: in_force

69-4-1005 . Advanced metering gateway device opt-in provisions -- rulemaking. (1) A utility may allow customers to opt-in to the installation of all advanced metering gateway devices located at an end user's residence or business.

(2) A utility may charge customers who opt in to advanced metering gateway device installation additional fees or charges related to the installation.

(3) If the commission determines an opt in program should be established, the commission shall adopt rules providing options, requirements, and a process for determination of fees or charges for individual customers to opt in to advanced metering gateway device installation.

(4) Utilities seeking to allow an advanced metering gateway device opt-in program shall file a report detailing the program requirements and process for determining fees or charges with the commission along with a $25 filing fee.
Mont. Code Ann. § 69-3-602 — MT Code / Title 69 / Chapter 3 / Part 6 / Section 69-3-602
69-3-602 Generation and sale of electricity by qualifying small power production facility
Status: repealed

69-3-602 . (Temporary) Generation and sale of electricity by qualifying small power production facility. (1) A qualifying small power production facility may generate electricity from the sources described in 69-3-601 (3)(a) and (3)(b) and may contract for the sale of that electricity with a utility.

(2) A qualifying small power production facility may generate electricity from the sources described in 69-3-601 (3)(a) and (3)(b) and may contract for the sale of that electricity with an electric cooperative under terms and conditions mutually agreed upon between the parties and in compliance with the rates and regulations established by the Public Utility Regulatory Policies Act. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
Mont. Code Ann. § 69-8-103 — MT Code / Title 69 / Chapter 8 / Part 1 / Section 69-8-103
69-8-103 Definitions
Status: in_force

69-8-103 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Assignee" means any entity, including a corporation, partnership, board, trust, or financing vehicle, to which a utility assigns, sells, or transfers, other than as security, all or a portion of the utility's interest in or right to transition property. The term also includes an entity, corporation, public authority, partnership, trust, or financing vehicle to which an assignee assigns, sells, or transfers, other than as security, the assignee's interest in or right to transition property.

(2) "Board" means the board of investments created by 2-15-1808 .

(3) "Carbon offset provider" means a qualified third-party entity that arranges for projects or actions that either reduce carbon dioxide emissions or increase the absorption of carbon dioxide.

(4) "Cooperative utility" means:

(a) a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18; or

(b) an existing municipal electric utility as of May 2, 1997.

(5) "Cost-effective carbon offsets" means any combination of certified actions that are taken to reduce carbon dioxide emissions or that increase the absorption of carbon dioxide, which collectively do not increase the cost of electricity produced annually on a per-megawatt-hour basis by more than 2.5%, including:

(a) actions undertaken by the applicant that reduce carbon dioxide emissions or that increase the absorption of carbon dioxide from a facility or equipment used to generate electricity; or

(b) actions by a carbon offset provider on behalf of the applicant.

(6) "Customer-generator" means a user of a net metering system.

(7) "Distribution facilities" means those facilities by and through which electricity is received from transmission facilities and distributed to a retail customer and that are controlled or operated by a utility.

(8) "Electricity supply costs" means the actual costs incurred in providing electricity supply service through power purchase agreements, demand-side management, and energy efficiency programs, including but not limited to:

(a) capacity costs;

(b) energy costs;

(c) fuel costs;

(d) ancillary service costs;

(e) transmission costs, including congestion and losses;

(f) planning and administrative costs; and

(g) any other costs directly related to the purchase of electricity and the management and provision of power purchase agreements.

(9) "Electricity supply resource" means:

(a) contracts for electric capacity and generation;

(b) plants owned or leased by a utility or equipment used to generate electricity;

(c) customer load management and energy conservation programs; or

(d) other means of providing adequate, reliable service to customers, as determined by the commission.

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

(11) "Financing order" means an order of the commission adopted in accordance with 69-8-503 that authorizes the imposition and collection of fixed transition amounts and the issuance of transition bonds.

(12) (a) "Fixed transition amounts" means those nonbypassable rates or charges, including but not limited to:

(i) distribution;

(ii) connection;

(iii) disconnection; and

(iv) termination rates and charges that are authorized by the commission in a financing order to permit recovery of transition costs and the costs of recovering, reimbursing, financing, or refinancing the transition costs and of acquiring transition property through a plan approved by the commission in the financing order, including the costs of issuing, servicing, and retiring transition bonds.

(b) If requested by the utility in the utility's application for a financing order, fixed transition amounts must include nonbypassable rates or charges to recover federal and state taxes in which the transition cost recovery period is modified by the transactions approved in the financing order.

(13) "Generation assets cost of service" means a return on invested capital and all costs associated with the acquisition, construction, administration, operation, and maintenance of a plant or equipment owned or leased by a public utility and used for the production of electricity.

(14) "Interested person" means a retail electricity customer, the consumer counsel established in 5-15-201 , the commission, or a utility.

(15) "Large customer" means, for universal system benefits programs purposes, a customer with an individual load greater than a monthly average of 1,000 kilowatt demand in the previous calendar year for that individual load.

(16) "Local governing body" means a local board of trustees of a rural electric cooperative.

(17) "Low-income customer" means those energy consumer households and families with incomes at or below industry-recognized levels that qualify those consumers for low-income energy-related assistance.

(18) "Net metering" means measuring the difference between the electricity distributed to and the electricity generated by a customer-generator that is fed back to the distribution system during the applicable billing period.

(19) "Net metering system" means a facility for the production of electrical energy that:

(a) uses as its fuel solar, wind, or hydropower;

(b) has a generating capacity of not more than 50 kilowatts;

(c) is located on the customer-generator's premises;

(d) operates in parallel with the utility's distribution facilities; and

(e) is intended primarily to offset part or all of the customer-generator's requirements for electricity.

(20) "Nonbypassable rates or charges" means rates or charges that are approved by the commission and imposed on a customer to pay the customer's share of transition costs or universal system benefits programs costs even if the customer has physically bypassed either the utility's transmission or distribution facilities.

(21) "Public utility" has the meaning of a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees.

(22) "Qualifying load" means, for payments and credits associated with universal system benefits programs, all nonresidential demand-metered accounts of a large customer within the utility's service territory in which the customer qualifies as a large customer.

(23) "Retail customer" means a customer that purchases electricity for residential, commercial, or industrial end-use purposes and does not resell electricity to others.

(24) "Transition bondholder" means a holder of transition bonds, including trustees, collateral agents, and other entities acting for the benefit of that bondholder.

(25) "Transition bonds" means any bond, debenture, note, interim certificate, collateral, trust certificate, or other evidence of indebtedness or ownership issued by the board or other transition bonds issuer that is secured by or payable from fixed transition amounts or transition property. Proceeds from transition bonds must be used to recover, reimburse, finance, or refinance transition costs and to acquire transition property.

(26) "Transition charge" means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of transition costs.

(27) "Transition cost recovery period" means the period beginning on July 1, 1998, and ending when a utility customer does not have any liability for payment of transition costs.

(28) "Transition costs" means:

(a) a public utility's net verifiable generation-related and electricity supply costs, including costs of capital, that become unrecoverable as a result of the implementation of federal law requiring retail open access or customer choice or of this chapter;

(b) those costs that include but are not limited to:

(i) regulatory assets and deferred charges that exist because of current regulatory practices and can be accounted for up to the effective date of the commission's final order regarding a public utility's transition plan and conservation investments made prior to universal system benefits charge implementation;

(ii) nonutility and utility power purchase contracts executed before May 2, 1997, including qualifying facility contracts;

(iii) existing generation investments and supply commitments or other obligations incurred before May 2, 1997, and costs arising from these investments and commitments;

(iv) the costs associated with renegotiation or buyout of the existing nonutility and utility power purchase contracts, including qualifying facilities and all costs, expenses, and reasonable fees related to issuing transition bonds; and

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

(29) "Transition property" means the property right created by a financing order, including without limitation the right, title, and interest of a utility, assignee, or other issuer of transition bonds to all revenue, collections, claims, payments, money, or proceeds of or arising from or constituting fixed transition amounts that are the subject of a financing order, including those nonbypassable rates and other charges and fixed transition amounts that are authorized by the commission in the financing order to recover transition costs and the costs of recovering, reimbursing, financing, or refinancing the transition costs and acquiring transition property, including the costs of issuing, servicing, and retiring transition bonds. Any right that a utility has in the transition property before the utility's sale or transfer or any other right created under this section or created in the financing order and assignable under this chapter or assignable pursuant to a financing order is only a contract right.

(30) "Transmission facilities" means those facilities that are used to provide transmission services as determined by the federal energy regulatory commission and the commission and that are controlled or operated by a utility.

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

(32) "Universal system benefits programs" means public purpose programs for:

(a) cost-effective local energy conservation;

(b) low-income customer weatherization;

(c) renewable resource projects and applications, including those that capture unique social and energy system benefits or that provide transmission and distribution system benefits;

(d) research and development programs related to energy conservation and renewables;

(e) market transformation designed to encourage competitive markets for public purpose programs; and

(f) low-income energy assistance.

(33) "Utility" means any public utility or cooperative utility.
Mont. Code Ann. § 69-4-358 — MT Code / Title 69 / Chapter 4 / Part 3 / Section 69-4-358
69-4-358 Postponement of conversion until certain actions occur
Status: in_force

69-4-358 . Postponement of conversion until certain actions occur. If a special improvement district is established pursuant to this part, the public utility involved shall not be required to commence conversion until the ordinance, the assessment roll, and the issuance of bonds have become final and until no civil action has been filed or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.
Mont. Code Ann. § 69-3-1206 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1206
69-3-1206 Rate treatment
Status: in_force

69-3-1206 . Rate treatment. (1) The commission may include in a public utility's rates:

(a) the cost of resources acquired in accordance with a plan;

(b) demand-side management programs established and implemented in accordance with 69-3-1209 ;

(c) the cost-effective expenditures for improving the efficiency with which the public utility provides and its customers use utility services;

(d) the costs of complying with the planning requirements of this part; and

(e) the costs of complying with a competitive solicitation process conducted in accordance with 69-3-1207 .

(2) The commission may adopt rules establishing criteria governing the extent of recovery of abandonment costs.

(3) The commission may not approve a bonus or adder in the cost of a new resource acquired after April 28, 2021, to provide additional compensation for costs such as environmental externalities unless the bonus or adder is necessary to compensate for a real and actual cost required by existing regulation or existing law.
Mont. Code Ann. § 69-14-240 — MT Code / Title 69 / Chapter 14 / Part 2 / Section 69-14-240
69-14-240 Duty to construct drains and ditches
Status: in_force

69-14-240 . Duty to construct drains and ditches. (1) It shall be the duty of every corporation, company, or person owning or operating any railroad or branch thereof in this state and of any corporation, company, or person constructing any railroad in this state, within 3 months after the completion of the same through any county in this state, to cause to be constructed and maintained suitable ditches and drains along each side of the roadbed of such road or to construct culverts or openings through such roadbed to connect with ditches, drains, or watercourses, so as to afford sufficient outlet to drain and carry off the water along such railroad whenever the draining of such water has been obstructed or rendered necessary by the construction of such railroad. None of the drains or ditches herein referred to shall be required to be constructed by any of the persons or corporations herein named or described except when required to remove and drain off water accumulated upon property adjacent to or upon the right-of-way whose natural channel or outlet has been destroyed or impaired by the embankment of such railway so constructed as aforesaid.

(2) In case such corporation, company, or person shall fail or neglect to construct and maintain such ditches or drains as are herein required within the time limited in this section, the board of county commissioners of any county through which such railroad has been or may be constructed and located and in which the draining herein required has been neglected is hereby authorized and required, upon the petition of 20 landowners of such county along the line of and contiguous to such railroad, to cause such ditches or drains, as are herein required, to be constructed and maintained. Said board of county commissioners may maintain an action against such corporation, company, or person so failing to comply with the provisions of this section, in any court of competent jurisdiction and in the name of such county, and shall be entitled to recover all costs and expenses incurred in the construction and maintenance of said drains or ditches.
Mont. Code Ann. § 69-7-113 — MT Code / Title 69 / Chapter 7 / Part 1 / Section 69-7-113
69-7-113 Appeals
Status: in_force

69-7-113 . Appeals. (1) A party to a municipal rate hearing may appeal the decision of the municipality to the district court in whose jurisdiction the municipality lies.

(2) A person may appeal the adoption or application of municipal utility rules to the district court in whose jurisdiction the municipality lies.
Mont. Code Ann. § 69-3-905 — MT Code / Title 69 / Chapter 3 / Part 9 / Section 69-3-905
69-3-905 Investigations by commission
Status: in_force

69-3-905 . Investigations by commission. Nothing in this part limits the authority of the commission under 69-3-324 to investigate at any time and on its own motion the existing rates of a small telecommunications provider.
Mont. Code Ann. § 69-3-1005 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1005
69-3-1005 Annual reports
Status: in_force

69-3-1005 . Annual reports. The commission shall, if necessary, provide the federal communications commission with annual reports containing the following information:

(1) a description of qualification and verification procedures and other assistance measures;

(2) the costs of the low-income telephone assistance program;

(3) the number of households receiving low-income telephone assistance;

(4) the number of eligible subscribers receiving low-income telephone assistance, including subscribers who switched from other telephone services to low-income telephone service and new subscribers of low-income telephone service; and

(5) all other information requested by the federal communications commission concerning the effect of the low-income telephone assistance program on eligible subscribership levels.
Mont. Code Ann. § 69-3-712 — MT Code / Title 69 / Chapter 3 / Part 7 / Section 69-3-712
69-3-712 Commission to include conservation and demand-side management programs in rate base -- rate of return
Status: in_force

69-3-712 . Commission to include conservation and demand-side management programs in rate base -- rate of return. (1) In order to encourage the purchase of or investment in conservation by a utility, the commission may include conservation purchases or investments and demand-side management programs eligible under 69-3-702 and in compliance with criteria adopted under 69-3-711 and 69-3-1201 through 69-3-1209 in a utility's rate base.

(2) In establishing the rate of return, the commission may allow an increment of up to 2% added to the rate of return on common equity permitted on the utility's other investments.

(3) The commission shall allow the rate of return increment provided for in subsection (2) for a period not to exceed 30 years after the conservation is first placed in the rate base.

(4) The commission shall prescribe amortization periods for conservation that is included in a utility's rate base.
Mont. Code Ann. § 69-3-1001 — MT Code / Title 69 / Chapter 3 / Part 10 / Section 69-3-1001
69-3-1001 Creation of program -- amount of assistance
Status: in_force

69-3-1001 . Creation of program -- amount of assistance. (1) There is a telephone low-income assistance program to provide an eligible subscriber with a discount in the monthly charge for local exchange service in the telephone network.

(2) The commission shall set the discount in the charge for local exchange service that is at least $3.50 a month for each eligible subscriber but not more than the amount that is the difference between the otherwise applicable current rate for local exchange service and the rate as it was on April 22, 1997.
Mont. Code Ann. § 69-8-110 — MT Code / Title 69 / Chapter 8 / Part 1 / Section 69-8-110
69-8-110 Terminated
Status: in_force

69-8-110 . Terminated. Sec. 5, Ch. 582, L. 2001.
Mont. Code Ann. § 69-8-311 — MT Code / Title 69 / Chapter 8 / Part 3 / Section 69-8-311
69-8-311 Cooperative utility -- electricity supply service -- exemption
Status: in_force

69-8-311 . Cooperative utility -- electricity supply service -- exemption. (1) A local governing body shall establish the price for electricity supply service offered by a cooperative utility.

(2) Except as otherwise provided in the universal system benefits program pursuant to 69-8-402 , a cooperative utility is exempt from the provisions and requirements of this chapter.
Mont. Code Ann. § 69-1-401 — MT Code / Title 69 / Chapter 1 / Part 4 / Section 69-1-401
69-1-401 Definitions
Status: in_force

69-1-401 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public service regulation provided for in Title 2, chapter 15, part 26.

(2) "Regulated companies" means all organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation, the public service commission, or any successor agency. The term does not include motor carriers regulated pursuant to Title 69, chapter 12.
Mont. Code Ann. § 69-12-107 — MT Code / Title 69 / Chapter 12 / Part 1 / Section 69-12-107
69-12-107 Status of private carriers under motor carrier laws
Status: in_force

69-12-107 . Status of private carriers under motor carrier laws. Nothing in this chapter shall be construed as converting or attempting to convert a private carrier into a common carrier. It is hereby declared that this chapter is intended primarily as a regulation of the public highways of the state.
Mont. Code Ann. § 69-3-1203 — MT Code / Title 69 / Chapter 3 / Part 12 / Section 69-3-1203
69-3-1203 Definitions
Status: in_force

69-3-1203 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Abandonment costs" means the costs incurred for resources acquired and abandoned pursuant to a plan.

(2) "Consumer counsel" means the consumer counsel provided for in 5-15-201 .

(3) "Demand-side management programs" means energy efficiency, energy conservation, load management, and demand response or any combination of these measures implemented by an electric utility.

(4) "Energy conservation" means the decrease in electricity requirements of specific customers during any selected time period, resulting in a reduction in end-use services.

(5) "Energy efficiency" means the decrease in electricity requirements of specific customers during any selected period with end-use services of those customers held constant.

(6) "Externalities" mean the impacts on society that are not directly borne by the producer in production and delivery activities, which due to imperfections in or the absence of markets are not accounted for in the producer's production and pricing decisions.

(7) "Plan" means an integrated least-cost resource plan submitted by a utility in accordance with this part and the rules adopted under this part.

(8) "Planning costs" means the costs of evaluating the future demand for services and of evaluating alternative methods of satisfying future demand.

(9) "Planning period" means the future period for which a utility develops its plan, and the period over which net present value of revenue requirements for resources is calculated. For purposes of this part, the planning period is a minimum of 20 years and begins from the date the utility files its plan with the commission.

(10) "Portfolio development costs" means the costs of preparing a resource in a portfolio for prompt and timely acquisition of the resource.

(11) "Public utility" means a public utility, as defined in 69-3-101 , that provides electric or natural gas service. The term does not include municipal utilities.
Mont. Code Ann. § 69-8-403 — MT Code / Title 69 / Chapter 8 / Part 4 / Section 69-8-403
69-8-403 Commission rulemaking authority
Status: in_force

69-8-403 . Commission rulemaking authority. In addition to promulgating rules expressly provided for in this chapter, the commission may promulgate any other rules necessary to carry out the provision of this chapter.
Mont. Code Ann. § 69-12-204 — MT Code / Title 69 / Chapter 12 / Part 2 / Section 69-12-204
69-12-204 General administrative procedure
Status: in_force

69-12-204 . General administrative procedure. Insofar as possible and applicable, the provisions of statutes prescribing the procedure before the commission in cases involving rates, facilities, service, or other affairs of railroads in this state, including forms of applications, complaints, answers, orders, and notices of hearing; the conducting of hearings; compelling the attendance and testimony of witnesses and the production of records, data, and information; and the preparation, recording, and serving of reports and orders of the commission, shall be followed and shall govern in all proceedings and investigations before the commission in cases arising in connection with the performance by the commission of its duties or the exercise of its jurisdiction under the provisions of this chapter.
Mont. Code Ann. § 69-14-1002 — MT Code / Title 69 / Chapter 14 / Part 10 / Section 69-14-1002
69-14-1002 Compensation of employees on removal of railroad division point or terminal
Status: in_force

69-14-1002 . Compensation of employees on removal of railroad division point or terminal. (1) Except as provided in subsection (2), when any railroad or railway company operating its line of road in, into, or through the state moves any of its division points or terminals, it is liable to any employee of the railroad or railway company for any damage sustained by the employee by reason of any decrease in value of any real property actually occupied by the employee as the employee's place of residence that is caused by the removal of the division point or terminal. However, the employee must have a freehold estate in the property. The damages are collectible in any court of competent jurisdiction.

(2) When any railroad or railway company in good faith determines upon a change or removal of any division point or terminal and in good faith posts prominently at its station house, shops, and yards a statement of its intention to do so in a manner that gives reasonable notice to the employee, it is not liable, as provided in subsection (1), for any decrease in value of any interest in any property purchased after the time of the posting if the division point or terminal is changed or removed within 6 months after the date of the posting.
Mont. Code Ann. § 69-4-1101 — MT Code / Title 69 / Chapter 4 / Part 11 / Section 69-4-1101
69-4-1101 Purpose -- remedies cumulative
Status: in_force

69-4-1101 . Purpose -- remedies cumulative. It is the purpose of this part to impose a substantial civil penalty upon those persons who, at the cost of their fellow citizens, obtain utility services at less than their true value through bypassing or tampering as defined in 69-4-1102 . This part does not supersede or replace other remedies provided for in law or equity.
Mont. Code Ann. § 69-3-221 — MT Code / Title 69 / Chapter 3 / Part 2 / Section 69-3-221
69-3-221 Public utility errors in billing customers
Status: in_force

69-3-221 . Public utility errors in billing customers. (1) For the purposes of this section:

(a) "public utility" does not include a municipal utility as defined in chapter 7 of this title;

(b) a "customer billing error":

(i) includes any bill issued by the utility that is not designated as an estimated bill and that understates the amount owed by the customer;

(ii) includes a utility's failure to bill a customer for service provided that would be billed to the customer under the utility's normal billing practices;

(iii) excludes errors that result from the theft of service by the customer;

(iv) excludes errors involving a utility's industrial class customers; and

(v) excludes errors incurred in the billing of long-distance services by a telecommunications utility.

(2) Whenever a public utility discovers a customer billing error, the utility may submit a bill to the customer for a period not to exceed the 6 months preceding the date the billing error is discovered.

(3) The commission may adopt rules to implement subsections (1) and (2).