reglab/housing_qa huggingface dataset:
MT Code § 69-3-301 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-301. Schedule of rates, tolls, and charges

  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.   History: En. Sec. 11, Ch. 52, L. 1913; re-en. Sec. 3891, R.C.M. 1921; re-en. Sec. 3891, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1975; amd. Sec. 1, Ch. 435, L. 1977; amd. Sec. 1, Ch. 467, L. 1977; R.C.M. 1947, 70-113(part); amd. Sec. 8, Ch. 43, L. 1979.
MT Code § 69-3-302 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-302. Changes in schedules

  69-3-302. Changes in schedules. (1) Except as provided in 69-3-308, a change may not be made in any schedule, including schedules of joint rates, except as approved by the commission, upon the passage of 9 months, or by operation of 69-3-907(1). If the 9-month time period expires prior to commission approval of a schedule, a utility may waive the time period.   (2) Notwithstanding any provision of this title to the contrary, other than rate adjustments made pursuant to 69-3-308, the rates, tolls, or charges set forth in any schedule filed with the commission pursuant to 69-3-301 must become effective and be lawful rates, tolls, or charges for the utility service rendered 9 months after the date upon which the schedule was filed under the rules of practice and procedure for filing as adopted by the commission or upon commission approval, whichever occurs first, unless the utility waives the 9-month time period. However, if the rates, tolls, or charges become effective because of the passage of 9 months, the revenue collected is subject to rebate, plus interest at an annual rate determined by the commission, to the extent that the rates, tolls, or charges ultimately approved by the commission in its final decision produce revenue that is less than that collected under the filed schedules. In the case of an investor-owned utility, the interest rate set by the commission may not exceed the cost of equity capital as last determined by the commission.   (3) The commission may prescribe rules necessary to effectively administer this section.   History: En. Sec. 11, Ch. 52, L. 1913; re-en. Sec. 3891, R.C.M. 1921; re-en. Sec. 3891, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1975; amd. Sec. 1, Ch. 435, L. 1977; amd. Sec. 1, Ch. 467, L. 1977; R.C.M. 1947, 70-113(part); amd. Sec. 1, Ch. 362, L. 1983; amd. Sec. 8, Ch. 254, L. 1987; amd. Sec. 2, Ch. 570, L. 2003.
MT Code § 69-3-303 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-303. Notice and hearing on proposed change

  69-3-303. Notice and hearing on proposed change. (1) Except as provided in 69-3-308, before the commission may approve any change increasing the rate or rates for utility service in a schedule generally affecting consumers in a utility's service area or before any change may become effective due to the passage of 9 months, the commission shall publish a notice of the proposed change, conforming to the requirements of 2-4-601 in one or more newspapers published and of general circulation within the area affected by the proposed change. This notice must announce a hearing on the proposed change and must inform interested persons as to how they may petition the commission to become parties to the hearing.   (2) The commission shall proceed to conduct the hearing under the Montana Administrative Procedure Act. The final decision of the commission in any matter decided after a hearing conducted pursuant to this section must conform to the requirements of a decision in a contested case under the Montana Administrative Procedure Act.   (3) The consumer counsel may petition to become a party to the hearing.   History: En. Sec. 11, Ch. 52, L. 1913; re-en. Sec. 3891, R.C.M. 1921; re-en. Sec. 3891, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1975; amd. Sec. 1, Ch. 435, L. 1977; amd. Sec. 1, Ch. 467, L. 1977; R.C.M. 1947, 70-113(part); amd. Sec. 3, Ch. 570, L. 2003.
MT Code § 69-3-304 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-304. Temporary approval of rate increases or decreases

  69-3-304. Temporary approval of rate increases or decreases. The commission may, in its discretion, temporarily approve increases or decreases pending a hearing or final decision. If the final decision is to disapprove an increase, the commission may order a rebate to all consumers for the amount collected retroactive to the date of the temporary approval. If the final decision is to disapprove a decrease, the commission may order a surcharge to be paid by all consumers for the amount not collected retroactive to the date of the temporary approval. The commission shall order interest to be paid on a rebate or surcharge as determined by the commission. An order of the commission approving or denying a temporary rate increase or decrease shall be based upon consistent standards appropriate for the nature of the case pending and shall be an intermediate agency action subject to judicial review under the Montana Administrative Procedure Act.   History: En. Sec. 11, Ch. 52, L. 1913; re-en. Sec. 3891, R.C.M. 1921; re-en. Sec. 3891, R.C.M. 1935; amd. Sec. 1, Ch. 115, L. 1975; amd. Sec. 1, Ch. 435, L. 1977; amd. Sec. 1, Ch. 467, L. 1977; R.C.M. 1947, 70-113(part); amd. Sec. 7, Ch. 588, L. 1983.
MT Code § 69-3-306 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-306. Classification of service

  69-3-306. Classification of service. (1) Except as provided in subsection (3), the commission may prescribe classifications of the service of all public utilities. Classifications may take into account the quantity used, the time when used, and any other reasonable consideration. A public utility is required to conform its schedule of rates, tolls, and charges to the classifications.   (2) The commission shall prescribe a declining block rate structure or a structure appropriate to customer-generators for electric service, when cost-justified.   (3) Classifications of service for customer-generators must be determined in accordance with Title 69, chapter 8, part 6.   History: En. Sec. 13, Ch. 52, L. 1913; re-en. Sec. 3893, R.C.M. 1921; re-en. Sec. 3893, R.C.M. 1935; R.C.M. 1947, 70-115; amd. Sec. 1, Ch. 517, L. 1985; amd. Sec. 4, Ch. 248, L. 2017.
MT Code § 69-3-307 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-307. Treatment of advertisement costs and contributions

  69-3-307. Treatment of advertisement costs and contributions. Costs or expenses incurred by public utilities for advertising, transfers of funds without full and adequate consideration, contributions, donations, and gifts may not be treated as expenses deductible from income or from capital assets or in any other manner by the public service commission in setting or regulating rates that may be charged by the public utilities pursuant to this chapter. This section does not apply to advertising that encourages the conservation of energy or product safety or informs the public of the availability of alternative forms of energy or recommends usage at times of lower rates or lower demand. Furthermore, for communications public utilities, the provisions of this section do not apply to advertising that relates to special equipment that is available to aid persons with disabilities or to special services that are designed to protect the public health, welfare, and safety, to promote more efficient use of a communications system, or to promote increased use of regulated communications services.   History: En. 70-121.1 by Sec. 1, Ch. 297, L. 1975; R.C.M. 1947, 70-121.1; amd. Sec. 1, Ch. 452, L. 1989; amd. Sec. 75, Ch. 472, L. 1997.
MT Code § 69-3-308 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-308. Disclosure of taxes and fees paid by customers of public utility -- automatic rate adjustment and tracking for taxes and fees

  69-3-308. Disclosure of taxes and fees paid by customers of public utility -- automatic rate adjustment and tracking for taxes and fees. (1) A public utility may separately disclose in a customer's bill the amount of state and local taxes and fees assessed against the public utility that the customer is paying.  (2) (a) (i) Except as provided in 15-72-601, the commission shall allow a public utility to file rate schedules containing provisions for the automatic adjustment and tracking of Montana state and local taxes and fees, except state income tax, paid by the public utility. The resulting rate schedule changes must include:   (A) adjustments for the net change in federal and state income tax liability caused by the deductibility of state and local taxes and fees;   (B) retroactive tax adjustments; and   (C) adjustments related to the resolution of property taxes paid under protest.   (ii) The rate schedules must include provisions for annual rate adjustments, including both tax increases and decreases.   (b) The amended rates must automatically go into effect on January 1 following the date of change in taxes paid on an interim basis, subject to any adjustments determined in subsection (2)(c).   (c) The amended rate schedule must be filed with the commission on or before the effective date of the change in taxes paid, and if the commission determines that the revised rate schedule is in error, the commission may, within 45 days of receipt of the revised rate schedule, ask for comment and order the public utility to address any errors or omissions including, if necessary, any refunds due customers.   (d) Failure of the commission to issue an order pursuant to subsection (2)(c) is considered approval on the part of the commission.   (e) A public utility may challenge an order issued by the commission under subsection (2)(c) in accordance with the provisions of Title 2, chapter 4, part 7.   History: En. Sec. 1, Ch. 570, L. 2003; amd. Sec. 5, Ch. 387, L. 2017; amd. Sec. 11, Ch. 14, L. 2021; amd. Sec. 1, Ch. 322, L. 2021.
MT Code § 69-3-309 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-309. reserved

  69-3-309 reserved.
MT Code § 69-3-310 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-310. Rulemaking authority

  69-3-310. Rulemaking authority. The commission may adopt rules to implement this part.   History: En. Sec. 8, Ch. 210, L. 1991.
MT Code § 69-3-311 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-311. through 69-3-320 reserved

  69-3-311 through 69-3-320 reserved.
MT Code § 69-3-321 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-321. Complaints against public utility -- hearing

  69-3-321. Complaints against public utility -- hearing. (1) The commission shall proceed, with or without notice, to make such investigation as it may deem necessary upon a complaint made against any public utility by any mercantile, agricultural, or manufacturing society or club; by any body politic or municipal organization or association, the same being interested; or by any person, firm, or corporation, provided such person, firm, or corporation is directly affected thereby, that:   (a) any of the rates, tolls, charges, or schedules or any joint rate or rates are in any way unreasonable or unjustly discriminatory;   (b) any regulations, measurements, practices, or acts whatsoever affecting or relating to the production, transmission, delivery, or furnishing of heat, light, water, power, or regulated telecommunications service, or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly discriminatory; or   (c) any service is inadequate.   (2) No order affecting such rates, tolls, charges, schedules, regulations, measurements, practices, or acts complained of shall be entered without a formal hearing, except the commission may issue an order to provide service to a residential consumer pending a hearing on a complaint by such consumer or by the consumer counsel on behalf of such consumer against a public utility, providing that the hearing is held within 20 days unless further delayed by consent of all parties.   History: En. Sec. 17, Ch. 52, L. 1913; re-en. Sec. 3897, R.C.M. 1921; re-en. Sec. 3897, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1975; R.C.M. 1947, 70-119(part); amd. Sec. 14, Ch. 546, L. 1985.
MT Code § 69-3-322 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-322. Treatment of multiple complaints

  69-3-322. Treatment of multiple complaints. When complaint is made of more than one rate, charge, or practice, the commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.   History: En. Sec. 19, Ch. 52, L. 1913; re-en. Sec. 3899, R.C.M. 1921; re-en. Sec. 3899, R.C.M. 1935; R.C.M. 1947, 70-121(part).
MT Code § 69-3-323 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-323. Complaint by public utility

  69-3-323. Complaint by public utility. Any public utility may make complaint as to any matter affecting its own product or service with like effect as though made by any mercantile, agricultural, or manufacturing society; body politic or municipal organization; or person. Notice of the hearing upon any such complaint shall be given to the persons interested in such manner as the commission may by rule prescribe.   History: En. Sec. 19, Ch. 52, L. 1913; re-en. Sec. 3899, R.C.M. 1921; re-en. Sec. 3899, R.C.M. 1935; R.C.M. 1947, 70-121(part).
MT Code § 69-3-324 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-324. Initiation of action by commission itself

  69-3-324. Initiation of action by commission itself. The commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, practices, and services and after a full hearing as provided in this part may make by order such changes as may be just and reasonable, the same as if a formal complaint had been made.   History: En. Sec. 19, Ch. 52, L. 1913; re-en. Sec. 3899, R.C.M. 1921; re-en. Sec. 3899, R.C.M. 1935; R.C.M. 1947, 70-121(part).
MT Code § 69-3-325 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-325. Notice of hearing

  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.   History: En. Sec. 17, Ch. 52, L. 1913; re-en. Sec. 3897, R.C.M. 1921; re-en. Sec. 3897, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1975; R.C.M. 1947, 70-119(part).
MT Code § 69-3-326 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-326. Conduct of hearing

  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.   History: En. Sec. 17, Ch. 52, L. 1913; re-en. Sec. 3897, R.C.M. 1921; re-en. Sec. 3897, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1975; R.C.M. 1947, 70-119(part); amd. Sec. 1990, Ch. 56, L. 2009.
MT Code § 69-3-327 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-327. Subpoena of witnesses

  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.   History: En. Sec. 18, Ch. 52, L. 1913; re-en. Sec. 3898, R.C.M. 1921; re-en. Sec. 3898, R.C.M. 1935; R.C.M. 1947, 70-120; amd. Sec. 4, Ch. 35, L. 2009.
MT Code § 69-3-328 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-328. Depositions of witnesses

  69-3-328. Depositions of witnesses. The commission or any party to any proceeding before it may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil actions.   History: En. Sec. 20, Ch. 52, L. 1913; re-en. Sec. 3900, R.C.M. 1921; re-en. Sec. 3900, R.C.M. 1935; R.C.M. 1947, 70-122.
MT Code § 69-3-329 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-329. Immunity for witnesses

  69-3-329. Immunity for witnesses. (1) A person may not be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any alleged violation of the provisions of this chapter on the ground of or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate or subject the person to penalty or forfeiture. Except as provided in subsection (2), a person having testified may not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may have testified or produced any documentary evidence.   (2) A person testifying is not exempt from prosecution or punishment for perjury.   History: En. Sec. 22, Ch. 52, L. 1913; re-en. Sec. 3902, R.C.M. 1921; re-en. Sec. 3902, R.C.M. 1935; R.C.M. 1947, 70-124; amd. Sec. 1991, Ch. 56, L. 2009.
MT Code § 69-3-330 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-330. Decision by commission

  69-3-330. Decision by commission. (1) If, upon a hearing and due investigation, the rates, tolls, charges, schedules, or joint rates are found to be unjust, unreasonable, or unjustly discriminatory or to be preferential or otherwise in violation of the provisions of this chapter, the commission may fix and order substituted the rates, tolls, charges, or schedules as are just and reasonable.  (2) If the commission determines that a rate, toll, or charge has been collected in violation of 69-3-305(1)(b), the commission may order refunds or credits as specified in 69-3-305(3).   (3) If the commission finds that any regulation, measurement, practice, act, or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise in violation of the provisions of this chapter or that the service is inadequate or any reasonable service cannot be obtained, the commission may substitute other regulations, measurements, practices, services, or acts and make an order relating to it as is just and reasonable.   (4) In any decision ordering a change in the rates that may be charged for electricity or natural gas, the commission shall list each expenditure submitted by the utility for allowance as an operating cost that is disallowed by the commission as an element of operating costs. The list of disallowed expenditures must appear in the written decision of the commission and must itemize each expenditure by amount, category, and purpose.   (5) A party in interest who is aggrieved by a commission-contested case decision may petition for judicial review pursuant to the Montana Administrative Procedure Act in accordance with Title 2, chapter 4, part 7.   History: (1), (2)En. Sec. 19, Ch. 52, L. 1913; re-en. Sec. 3899, R.C.M. 1921; re-en. Sec. 3899, R.C.M. 1935; Sec. 70-121, R.C.M. 1947; (3)En. 70-136 by Sec. 1, Ch. 290, L. 1975; Sec. 70-136, R.C.M. 1947; R.C.M. 1947, 70-121(part), 70-136; amd. Sec. 2, Ch. 327, L. 1983; amd. Sec. 2, Ch. 322, L. 2021.
MT Code § 69-3-331 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 3. Ratemaking Procedures|69-3-331. Cost tracking and recovery

  69-3-331. Cost tracking and recovery. (1) If the commission approves a cost-tracking adjustment for electricity supply costs for a public utility regulated in accordance with chapter 8 or under this chapter, the cost-tracking adjustment must provide for:  (a) 90% customer and 10% shareholder sharing of costs, if cost sharing is required; and   (b) full recovery of costs incurred by a public utility as a result of qualifying small power production facility purchase requirements established in Title 69, chapter 3, part 6.   (2) A cost-tracking adjustment may not include a deadband.   (3) For the purposes of this section, "deadband" means a level of cost recovery variance, including levels of underrecoveries and overrecoveries to be borne by the public utility.   History: En. Sec. 1, Ch. 316, L. 2019; amd. Sec. 1, Ch. 54, L. 2021.
MT Code § 69-3-401 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 4. Review of Commission Actions(Repealed)|69-3-401. Repealed

  69-3-401. Repealed. Sec. 3, Ch. 322, L. 2021.  History: En. Sec. 26, Ch. 52, L. 1913; re-en. Sec. 3906, R.C.M. 1921; re-en. Sec. 3906, R.C.M. 1935; amd. Sec. 1, Ch. 56, L. 1937; amd. Sec. 1, Ch. 475, L. 1977; R.C.M. 1947, 70-128(part).