reglab/housing_qa huggingface dataset:
MT Code § 69-3-1406 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1406. Reciprocity

  69-3-1406. Reciprocity. (1) All natural gas suppliers are afforded the comparable opportunity to compete.   (2) A natural gas distribution services provider or its affiliates may not use another natural gas distribution services provider's facilities in the state of Montana to sell natural gas to customers in the state of Montana unless the natural gas distribution services provider or its affiliates offer customer choice and open access to their natural gas distribution facilities.   History: En. Sec. 6, Ch. 506, L. 1997.
MT Code § 69-3-1407 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1407. Optional performance-based ratemaking for natural gas utilities -- commission rulemaking

  69-3-1407. Optional performance-based ratemaking for natural gas utilities -- commission rulemaking. (1) The commission may, upon application and after giving notice and conducting a hearing as provided in 69-3-303, authorize any natural gas utility to implement an optional form of rate regulation using a performance-based ratemaking methodology.   (2) The commission may approve a performance-based ratemaking methodology if it finds that the methodology:   (a) preserves adequate service to all classes of customers, including transportation-only customers;   (b) does not unreasonably prejudice or disadvantage any class of natural gas utility users;   (c) provides incentives for improved performance by the natural gas utility in the natural gas utility's public duties;   (d) results in rates that are not excessive; and   (e) is in the public interest.   (3) The commission may, after giving notice and conducting a hearing as provided in 69-3-303, modify or discontinue a natural gas utility's performance-based ratemaking previously authorized under this section if the commission finds that:   (a) natural gas service to one or more classes of customers has deteriorated or will deteriorate;   (b) any class of natural gas utility customer is being unreasonably prejudiced or disadvantaged;   (c) the performance-based ratemaking is not providing or will not provide reasonable incentives for improved performance by a natural gas utility in the performance of its public duties;   (d) rates are excessive compared to a natural gas utility's cost of service;   (e) terms ordered by the commission in connection with the approval of a natural gas utility's implementation of performance-based ratemaking have been violated; and   (f) the performance-based form of regulation is not in the public interest.   (4) The commission shall promulgate rules for monitoring a natural gas utility that has implemented performance-based ratemaking to ensure that the natural gas utility is in compliance with the requirements of this section.   History: En. Sec. 7, Ch. 506, L. 1997.
MT Code § 69-3-1408 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1408. Universal system benefits programs -- establishing nonbypassable rate -- exemption

  69-3-1408. Universal system benefits programs -- establishing nonbypassable rate -- exemption. (1) Except as provided in subsection (4), a natural gas utility shall implement, upon commission approval and subject to ongoing commission oversight and direction, a universal system benefits program.   (2) Except as provided in subsection (4), the commission shall establish a universal system benefits charge that natural gas transmission services providers or distribution services providers, or both, in the state of Montana shall charge to all end-use customers, taking into consideration the current level of expenditure by the natural gas utility, cost-effectiveness, and similar costs imposed in other states. The charge may be established and revised through a universal system benefits charge tracking procedure. The method of assessing the charge may not disproportionately burden a large transmission services provider's customers. Within the universal system benefits charge, beginning January 1, 2007, a natural gas utility's minimum annual funding requirement for low-income weatherization and low-income energy bill assistance is established at 0.42% of a natural gas utility's annual revenue for the previous year. A natural gas utility must receive credit for its internal programs or activities that qualify as universal system benefits programs.   (3) Except as provided in subsection (4), a natural gas utility shall file an annual report of its universal system benefits charges, programs, and program funding levels with the commission in a manner prescribed by the commission.   (4) A natural gas utility that serves 200 or fewer customers is exempt from the requirements of subsections (1) through (3).   History: En. Sec. 8, Ch. 506, L. 1997; amd. Sec. 2, Ch. 174, L. 2007; amd. Sec. 1, Ch. 19, L. 2015.
MT Code § 69-3-1409 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1409. Repealed

  69-3-1409. Repealed. Sec. 1, Ch. 107, L. 2005.   History: En. Sec. 9, Ch. 506, L. 1997; amd. Sec. 43, Ch. 19, L. 1999.
MT Code § 69-3-1410 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1410. through 69-3-1412 reserved

  69-3-1410 through 69-3-1412 reserved.
MT Code § 69-3-1413 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1413. Statement of purpose

  69-3-1413. Statement of purpose. The purpose of 69-3-1413 through 69-3-1416 is to establish procedures for a natural gas utility that has restructured pursuant to this part to acquire rate-based facilities.   History: En. Sec. 1, Ch. 127, L. 2009.
MT Code § 69-3-1414 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1414. Acquisition of rate-based facilities

  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.   History: En. Sec. 2, Ch. 127, L. 2009.
MT Code § 69-3-1416 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 14. Natural Gas Utility Restructuring and Customer Choice Act|69-3-1416. Use of natural gas production and gathering resources

  69-3-1416. Use of natural gas production and gathering resources. (1) Natural gas production and gathering resources acquired by a natural gas utility pursuant to this part:   (a) must be used by the natural gas utility to serve and benefit customers that have not made a choice of natural gas suppliers within the natural gas utility's Montana service territory; and   (b) may not be removed from the rate base unless the commission finds that customers of the natural gas utility will not be adversely affected.   (2) Natural gas production and gathering assets cost of service may not be allocated to a customer being served by an alternative natural gas supplier.   History: En. Sec. 4, Ch. 127, L. 2009.
MT Code § 69-3-1501 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 15. Material Affiliate Transactions|69-3-1501. Definitions

  69-3-1501. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Affiliate" means an entity closely connected or associated with a regulated energy utility.   (2) "Affiliate transaction" means a financial transaction between the utility operations of a regulated energy utility and an affiliate.   (3) "Material affiliate transaction" means an affiliate transaction that has a significant potential impact on the financial stability of a regulated energy utility, including but not limited to:   (a) dividend payments from a regulated energy utility to a corporate parent company if those payments would place the regulated energy utility's credit quality or property in jeopardy;   (b) intercompany loans or other extensions of credit or advances of working capital between a regulated energy utility and an affiliate if those activities would place the regulated energy utility's credit quality or property in jeopardy;   (c) the use of proceeds in issuing securities for which the assets of the regulated energy utility are pledged; or   (d) external borrowing by a regulated energy utility with a term greater than 120 days if the loan would place the regulated energy utility's credit quality or property in jeopardy.   (4) "Regulated energy utility" means a public utility with more than 100 customers that owns distribution facilities for the distribution of electricity or natural gas to the public and that is regulated by the commission pursuant to this title.   History: En. Sec. 1, Ch. 220, L. 2005.
MT Code § 69-3-1502 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 15. Material Affiliate Transactions|69-3-1502. Commission approval of material affiliate transactions -- rulemaking authority

  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.   History: En. Sec. 2, Ch. 220, L. 2005.
MT Code § 69-3-1503 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 15. Material Affiliate Transactions|69-3-1503. Exemption

  69-3-1503. Exemption. A regulated energy utility that has entered into a stipulation agreement with the commission regarding the separation of its nonregulated utility business is exempt from the provisions of this part as long as the stipulation agreement remains effective under a federal bankruptcy court order.   History: En. Sec. 3, Ch. 220, L. 2005.
MT Code § 69-3-1601 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1601. Short title

  69-3-1601. Short title. This part may be cited as the "Montana Energy Impact Assistance Act".   History: En. Sec. 1, Ch. 442, L. 2019.
MT Code § 69-3-1602 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1602. Purpose -- legislative intent

  69-3-1602. Purpose -- legislative intent. (1) The legislature finds that it is imperative to:   (a) implement an alternative financing mechanism to address the retirement and replacement of electric infrastructure or facilities; and   (b) authorize the public service commission to review and approve one or more financing orders, if it deems approval appropriate and in the interest of ratepayers.   (2) The legislature further finds that:   (a) it is in the interest of the state and its citizens to encourage and facilitate the use of securitized ratepayer-backed bonds as a method for enabling electric utilities to lower the cost of financing the retirement or replacement of electric infrastructure or facilities under certain conditions and to empower the public service commission to review a securitization mechanism to determine whether it is consistent with the public interest and worthy of approval; and   (b) the state should authorize the issuance of low-cost securitized ratepayer-backed bonds. The proceeds of these bonds must be used solely to:   (i) lower long-term costs paid by electric utility customers by reducing financing costs of certain retired or replaced electric infrastructure or facilities; and   (ii) make available capital investment for modernized infrastructure and facilities and services, including least-cost electric generating facilities and other supply-side and demand-side resources.   History: En. Sec. 2, Ch. 442, L. 2019.
MT Code § 69-3-1604 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1604. Commission rulemaking

  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.   History: En. Sec. 19, Ch. 442, L. 2019.
MT Code § 69-3-1605 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1605. Financing orders -- application requirements

  69-3-1605. Financing orders -- application requirements. (1) An electric utility may file an application with the commission for approval to issue Montana energy impact assistance bonds in one or more series, impose, charge, and collect Montana energy impact assistance charges, and create Montana energy impact assistance property related to the retirement or replacement of electric infrastructure or facilities in Montana.   (2) (a) Within 120 days of an electric utility's submission of an application, the commission shall determine whether the application is adequate and in compliance with the commission's minimum filing requirements established in rules adopted pursuant to 69-3-1604. If the commission determines that the application is inadequate, it shall explain the deficiencies.   (b) The commission shall take final action to approve, deny, or modify any application for a financing order as described in subsection (1) in a final order issued within 270 days of receiving an application.   (3) In addition to any other information required by the commission, an application for a financing order must include:   (a) an estimated schedule for the retirement or replacement;   (b) a specification of the effects of the proposed Montana energy impact assistance bond financing on the retirement or replacement;   (c) a proposed methodology for allocating the revenue requirement for the Montana energy impact assistance charge among customer classes;   (d) a description of the nonbypassable Montana energy impact assistance charge required to be paid by customers within the electric utility's service area for recovery of Montana energy impact assistance costs;   (e) an estimate of the net present value of electric utility customer savings expected to result if the financing order is issued as determined by a net present value comparison between the costs to customers that are expected to result from the financing of the undepreciated balances of electric infrastructure or facilities with Montana energy impact assistance bonds and the costs that would result from the application of traditional electric utility financing mechanisms to the same undepreciated balances; and   (f) one or more alternative financing scenarios in addition to the preferred scenario contained in the application.   (4) The commission shall publish a notice of the proposed change on its website and conforming to the requirements of 2-4-601 in one or more newspapers published and of general circulation within the service area of the electric utility. The notice must announce a public hearing on the application, and the commission shall hold a public hearing.   History: En. Sec. 4, Ch. 442, L. 2019.
MT Code § 69-3-1607 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1607. Effect of financing order

  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.   History: En. Sec. 6, Ch. 442, L. 2019.
MT Code § 69-3-1608 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1608. Montana energy impact assistance bonds

  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.   History: En. Sec. 7, Ch. 442, L. 2019.
MT Code § 69-3-1609 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1609. and 69-3-1610 reserved

  69-3-1609 and 69-3-1610 reserved.
MT Code § 69-3-1611 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1611. Effect on commission jurisdiction

  69-3-1611. Effect on commission jurisdiction. (1) Except as provided in subsection (2), if the commission issues a financing order to an electric utility, the commission may not, in exercising its powers and carrying out its duties pursuant to Title 69:   (a) consider the Montana energy impact assistance bonds issued pursuant to the financing order to be debt of the electric utility other than for income tax purposes unless it is necessary to consider the Montana energy impact assistance bonds to be debt to achieve consistency with prevailing utility debt rating methodologies;   (b) consider the Montana energy impact assistance charges paid under the financing order to be revenue of the electric utility;   (c) except as otherwise provided for in this part or for the purposes of establishing the electric utility's base rates, consider the Montana energy impact assistance costs or financing costs specified in the financing order to be the regulated costs or assets of the electric utility; or   (d) determine any prudent action taken by an electric utility that is consistent with the financing order to be unjust or unreasonable.   (2) Nothing in subsection (1):   (a) affects the authority of the commission to apply or modify any billing mechanism designed to recover Montana energy impact assistance charges;   (b) prevents or precludes the commission from investigating the compliance of an electric utility with the terms and conditions of a financing order and requiring compliance with the financing order; or   (c) prevents or precludes the commission from imposing regulatory sanctions against an electric utility for failure to comply with the terms and conditions of a financing order or the requirements of this part.   (3) The commission may not refuse to allow the recovery of any costs associated with the retirement or replacement of electric infrastructure or facilities by an electric utility solely because the electric utility has elected to finance those activities through a financing mechanism other than Montana energy impact assistance bonds.   (4) The commission shall authorize mitigating remedies to offset an electric utility's book losses, as determined necessary by the commission.   History: En. Sec. 8, Ch. 442, L. 2019.
MT Code § 69-3-1613 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1613. Judicial review of financing orders

  69-3-1613. Judicial review of financing orders. (1) A financing order is a final order of the commission.   (2) A party aggrieved by the issuance of a financing order may petition for suspension and review of the financing order in the district court of the first judicial district, Lewis and Clark County. In the case of any petition for suspension and review, the court shall proceed to hear and determine the action as expeditiously as practicable and give the action precedence over other matters not accorded similar precedence by law.   History: En. Sec. 10, Ch. 442, L. 2019.
MT Code § 69-3-1614 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 16. Montana Energy Impact Assistance Act|69-3-1614. and 69-3-1615 reserved

  69-3-1614 and 69-3-1615 reserved.