reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 16. Montana Energy Impact Assistance Act › 69-3-1616. Electric utilities -- duties -- nonbypassable charges

69-3-1616. Electric utilities -- duties -- nonbypassable charges.
(1) The electric bills of an electric utility that obtains a financing order and causes Montana energy impact assistance bonds to be issued must:
(a) explicitly reflect that a portion of the charges on the bill represents Montana energy impact assistance charges approved in a financing order and, if Montana energy impact assistance property has been transferred to an assignee, must include a statement that the assignee is the owner of the rights to Montana energy impact assistance charges and that the electric utility or other entity, if applicable, is acting as a collection agent or servicer for the assignee;
(b) include the Montana energy impact assistance charge on each customer's bill as a separate line item titled "energy impact assistance charge" and may include both the rate and the amount of the charge on each bill; and
(c) explain to customers in an annual filing with the commission the rate impact that financing of the retirement or replacement of electric infrastructure or facilities has on customer rates.
(2) Montana energy impact assistance charges are nonbypassable and payment must be made by all existing and future customers receiving service from the electric utility or its successors or assignees under commission-approved rate schedules or under special contracts.
(3) The failure of an electric utility to comply with this section does not invalidate, impair, or affect any financing order, Montana energy impact assistance property, Montana energy impact assistance charge, or Montana energy impact assistance bonds, but does subject the electric utility to penalties under applicable commission rules.
(4) An electric utility that obtains a financing order and causes Montana energy impact assistance bonds to be issued must demonstrate in an annual filing with the commission that Montana energy impact assistance revenues are applied solely to the repayment of Montana energy impact assistance bonds and other financing costs.
History: En. Sec. 11, Ch. 442, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 16. Montana Energy Impact Assistance Act › 69-3-1618. Montana energy impact assistance bonds -- legal investments -- not public debt -- pledge of the state

69-3-1618. Montana energy impact assistance bonds -- legal investments -- not public debt -- pledge of the state.
(1) Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in Montana energy impact assistance bonds.
(2) Montana energy impact assistance bonds issued as authorized by a financing order are not debt of or a pledge of the faith and credit or taxing power of the state, any agency of the state, or any county, municipality, or other political subdivision of the state. Holders of Montana energy impact assistance bonds may not have taxes levied by the state or by any county, municipality, or other political subdivision of the state for the payment of the principal or interest on Montana energy impact assistance bonds. The issuance of Montana energy impact assistance bonds does not directly, indirectly, or contingently obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of principal or interest on the Montana energy impact assistance bonds.
(3) The Montana energy impact assistance bonds issued under this part are exempt from the provisions of Title 30, chapter 10, but copies of all prospectus and disclosure documents must be deposited for public inspection with the state securities commissioner.
History: En. Sec. 13, Ch. 442, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 16. Montana Energy Impact Assistance Act › 69-3-1619. Assignee or financing party not subject to commission regulation

69-3-1619. Assignee or financing party not subject to commission regulation.
An assignee or financing party that is not already regulated by the commission does not become subject to commission regulation solely as a result of engaging in any transaction authorized by or described in this part.
History: En. Sec. 14, Ch. 442, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 16. Montana Energy Impact Assistance Act › 69-3-1620. Effect of other laws

69-3-1620. Effect of other laws.
(1) If any provision of this part conflicts with any other law regarding the attachment, assignment, perfection, effect of perfection, or priority of any security interest in or transfer of Montana energy impact assistance property, the provisions of this part govern.
(2) Nothing in subsection (1) precludes a utility for which the commission has initially issued a financing order from applying to the commission for:
(a) a subsequent financing order amending the financing order as authorized by 69-3-1607(4); or
(b) approval of the issuance of Montana energy impact assistance bonds to refund all or a portion of an outstanding series of Montana energy impact assistance bonds.
History: En. Sec. 15, Ch. 442, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 16. Montana Energy Impact Assistance Act › 69-3-1622. Sales of Montana energy impact assistance property

69-3-1622. Sales of Montana energy impact assistance property.
(1) (a) A sale, assignment, or transfer of Montana energy impact assistance property is an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the Montana energy impact assistance property if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. A transfer of an interest in Montana energy impact assistance property may be created when:
(i) the financing order creating and describing the Montana energy impact assistance property is effective;
(ii) the documents evidencing the transfer of the Montana energy impact assistance property are executed and delivered to the assignee; and
(iii) value is received.
(b) A transfer of an interest in Montana energy impact assistance property must be filed with the secretary of state and perfected under Title 30, chapter 9A, part 3, against all third persons, including any judicial lien or other lien creditors or any claims of the seller or creditors of the seller, other than creditors holding a prior security interest, ownership interest, or assignment in the Montana energy impact assistance property previously perfected in accordance with 69-3-1621 or this subsection (1).
(2) The characterization of a sale, assignment, or transfer as an absolute transfer and true sale, and the corresponding characterization of the property interest of the assignee is not affected or impaired by:
(a) commingling of Montana energy impact assistance revenue with other money;
(b) the retention by the seller of:
(i) a partial or residual interest, including an equity interest, in the Montana energy impact assistance property, whether direct or indirect, or whether subordinate or otherwise; or
(ii) the right to recover costs associated with taxes, franchise fees, or license fees imposed on the collection of Montana energy impact assistance revenue;
(c) any recourse that the purchaser may have against the seller;
(d) any indemnification rights, obligations, or repurchase rights made or provided by the seller;
(e) an obligation of the seller to collect Montana energy impact assistance revenues on behalf of an assignee;
(f) the treatment of the sale, assignment, or transfer for tax, financial reporting, or other purposes;
(g) any subsequent financing order amending a financing order as authorized by 69-3-1607; or
(h) any application of an adjustment mechanism as authorized by 69-3-1606(2)(a)(vi).
History: En. Sec. 17, Ch. 442, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 16. Montana Energy Impact Assistance Act › 69-3-1623. Use of amounts received by electric utility as consideration for its transfer of Montana energy impact assistance property

69-3-1623. Use of amounts received by electric utility as consideration for its transfer of Montana energy impact assistance property.
(1) Subject to commission approval as required by subsection (2), an electric utility shall expend or invest amounts the electric utility receives as consideration for its transfer of Montana energy impact assistance property to reduce its Montana energy impact costs and may invest or expand the remaining funds as follows:
(a) to build and own generation infrastructure and facilities that are least-cost generation resources, taking into consideration regulatory risk, current and future fuel cost and risk, and fuel delivery infrastructure costs, the addition of which is not inconsistent with the electric utility's resource procurement or integrated least-cost resource plan;
(b) to build, own, or purchase electricity storage capacity to the extent that the investment is either required by law or rule, is the least-cost, or is needed to increase the amount of least-cost generation resources that the electric utility is able to add to its generation portfolio;
(c) to invest in network modernization to the extent that the modernization is necessary to increase the amount of least-cost generation resources able to be added to the electric utility's system; and
(d) to replace any damaged or destroyed electric infrastructure or facilities involved in the transmission or delivery of electricity to Montana customers.
(2) In considering any application for approval of the use of Montana energy impact assistance bond proceeds, the commission shall:
(a) use its regular process for consideration of applications; and
(b) fully consider new energy technologies and future environmental regulations.
History: En. Sec. 18, Ch. 442, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2001. Repealed

69-3-2001. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 1, Ch. 457, L. 2005; Sec. 69-8-1001, MCA 2005; redes. 69-3-2001 by Sec. 1, Ch. 220, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2002. Repealed

69-3-2002. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 2, Ch. 457, L. 2005; Sec. 69-8-1002, MCA 2005; redes. 69-3-2002 by Sec. 1, Ch. 220, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2003. Repealed

69-3-2003. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 3, Ch. 457, L. 2005; Sec. 69-8-1003, MCA 2005; redes. 69-3-2003 by Sec. 1, Ch. 220, L. 2007; amd. Sec. 1, Ch. 246, L. 2007; amd. Sec. 1, Ch. 30, L. 2009; amd. Sec. 1, Ch. 118, L. 2009; amd. Sec. 1, Ch. 232, L. 2009; amd. Sec. 1, Ch. 56, L. 2011; amd. Sec. 1, Ch. 259, L. 2013; amd. Sec. 1, Ch. 328, L. 2013; amd. Sec. 1, Ch. 361, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2004. Repealed

69-3-2004. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 4, Ch. 457, L. 2005; Sec. 69-8-1004, MCA 2005; redes. 69-3-2004 by Sec. 1, Ch. 220, L. 2007; amd. Sec. 2, Ch. 246, L. 2007; amd. Sec. 18, Ch. 491, L. 2007; amd. Sec. 1, Ch. 31, L. 2009; amd. Sec. 33, Ch. 19, L. 2011; amd. Sec. 1, Ch. 73, L. 2013; amd. Sec. 1, Ch. 197, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2005. Repealed

69-3-2005. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 5, Ch. 457, L. 2005; Sec. 69-8-1005, MCA 2005; redes. 69-3-2005 by Sec. 1, Ch. 220, L. 2007; amd. Sec. 3, Ch. 246, L. 2007; amd. Sec. 2, Ch. 232, L. 2009; amd. Sec. 17, Ch. 277, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2006. Repealed

69-3-2006. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 6, Ch. 457, L. 2005; Sec. 69-8-1006, MCA 2005; redes. 69-3-2006 by Sec. 1, Ch. 220, L. 2007; amd. Sec. 2, Ch. 361, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2007. Repealed

69-3-2007. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 7, Ch. 457, L. 2005; Sec. 69-8-1007, MCA 2005; redes. 69-3-2007 by Sec. 1, Ch. 220, L. 2007; amd. Sec. 4, Ch. 246, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2008. Repealed

69-3-2008. Repealed.
Sec. 5, Ch. 542, L. 2021.
History: En. Sec. 8, Ch. 457, L. 2005; Sec. 69-8-1008, MCA 2005; redes. 69-3-2008 by Sec. 1, Ch. 220, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2009. Repealed

69-3-2009. Repealed.
Sec. 1, Ch. 114, L. 2017.
History: En. Sec. 1, Ch. 115, L. 2011; amd. Sec. 1, Ch. 25, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 20. Renewable Power Production and Rural Economic Development (Repealed) › 69-3-2010. Repealed

69-3-2010. Repealed.
Sec. 1, Ch. 114, L. 2017.
History: En. Sec. 2, Ch. 115, L. 2011; amd. Sec. 2, Ch. 25, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 1. General Provisions › 69-4-101. Use of public right-of-way for utility lines and facilities

69-4-101. Use of public right-of-way for utility lines and facilities.
A telegraph, telephone, electric light, or electric power line corporation or public body or any other person owning or operating such is hereby authorized to install its respective plants and appliances necessary for service and to supply and distribute electricity for lighting, heating, power, and other purposes and to that end, to construct such telegraph, telephone, electric light, or electric power lines, from point to point, along and upon any of the public roads, streets, and highways in the state, by the erection of necessary fixtures, including posts, piers, and abutments necessary for the wires. The same shall be so constructed as not to incommode or endanger the public in the use of said roads, streets, or highways, and nothing herein shall be so construed as to restrict the powers of city or town councils.
History: En. Sec. 1000, Civ. C. 1895; amd. Sec. 1, Ch. 55, L. 1905; amd. Sec. 1, Ch. 192, L. 1907; re-en. Sec. 4400, Rev. C. 1907; re-en. Sec. 6645, R.C.M. 1921; re-en. Sec. 6645, R.C.M. 1935; amd. Sec. 1, Ch. 59, L. 1945; R.C.M. 1947, 70-301.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 1. General Provisions › 69-4-102. Underground power lines in new service areas

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.
History: En. 70-304 by Sec. 1, Ch. 125, L. 1974; R.C.M. 1947, 70-304.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 1. General Provisions › 69-4-103. Authorization to remove vegetation or other materials from utility right-of-way -- notice -- prohibition

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.
History: En. Sec. 1, Ch. 74, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-201. Application of national electrical safety code

69-4-201. Application of national electrical safety code.
(1) The national electrical safety code standards govern all construction involving wires for power, heat, light, telephone, telegraph, or signal transmission or reception. Except as provided in 69-4-203, electrical construction of overhead and underground electrical supply and communication lines in the state must be in conformity with the rules set forth in the national electrical safety code approved by the American national standards institute as published by the institute of electrical and electronic engineers. The national electrical safety code provides construction standards and must be enforced by the commission. Proof of compliance with the requirements of an applicable national electrical safety code standard establishes due care in the defense of a negligence claim alleging a violation of that standard.
(2) The commission shall adopt rules to implement and enforce this part. The commission shall adopt by rule standards for electrical safety. The standards must be based on standards published in the most recent edition of the national electrical safety code.
History: En. Sec. 25, Ch. 171, L. 1917; re-en. Sec. 2701, R.C.M. 1921; re-en. Sec. 2701, R.C.M. 1935; amd. Sec. 12, Ch. 137, L. 1941; R.C.M. 1947, 24-125; amd. Sec. 1, Ch. 516, L. 1979; amd. Sec. 1, Ch. 471, L. 1989; amd. Sec. 1, Ch. 212, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-202. Repealed

69-4-202. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: (1)En. Sec. 1, Ch. 194, L. 1939; amd. Sec. 1, Ch. 139, L. 1951; Sec. 24-142, R.C.M. 1947; (2)En. Sec. 2, Ch. 194, L. 1939; Sec. 24-143, R.C.M. 1947; (3)En. Sec. 3, Ch. 194, L. 1939; Sec. 24-144, R.C.M. 1947; R.C.M. 1947, 24-142, 24-143, 24-144; amd. Sec. 9, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-203. Scope of law

69-4-203. Scope of law.
Section 69-4-201 does not apply to:
(1) interstate railroad electrification construction except where the wires of the railroad cross or are crossed by wires belonging to others; or
(2) any electrical construction of any person using the construction for power wires if:
(a) the construction and wires and the power plant furnishing electricity to the wires are wholly owned by this person and the electricity conducted is produced and used solely by this person on the person's own premises and not sold or delivered to any other person off the person's premises;
(b) the wires or construction are not over or across any highway or public place or the property of others; and
(c) these wires have a potential of less than 450 volts between any phases.
History: En. Secs. 16, 18, Ch. 137, L. 1941; R.C.M. 1947, 24-140(part), 24-141; amd. Sec. 2, Ch. 516, L. 1979; amd. Sec. 1993, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-204. Regulation by local government

69-4-204. Regulation by local government.
All ordinances or parts of ordinances of cities and towns in the state in conflict with the national electrical safety code are repealed. No ordinance in conflict with any provisions of the national electrical safety code may be enacted in any city or town in the state, and any such ordinance is void.
History: En. Sec. 35, Ch. 171, L. 1917; re-en. Sec. 2711, R.C.M. 1921; re-en. Sec. 2711, R.C.M. 1935; R.C.M. 1947, 24-135; amd. Sec. 10, Ch. 43, L. 1979; amd. Sec. 3, Ch. 516, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-205. Violations

69-4-205. Violations.
Every corporation or joint-stock company or individual which violates 69-4-201 is guilty of a misdemeanor.
History: En. Sec. 33, Ch. 171, L. 1917; re-en. Sec. 2709, R.C.M. 1921; re-en. Sec. 2709, R.C.M. 1935; R.C.M. 1947, 24-133; amd. Sec. 4, Ch. 516, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-211. Repealed

69-4-211. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 1, Ch. 171, L. 1917; re-en. Sec. 2677, R.C.M. 1921; re-en. Sec. 2677, R.C.M. 1935; amd. Sec. 1, Ch. 137, L. 1941; R.C.M. 1947, 24-101.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-212. Repealed

69-4-212. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 2, Ch. 171, L. 1917; re-en. Sec. 2678, R.C.M. 1921; re-en. Sec. 2678, R.C.M. 1935; amd. Sec. 2, Ch. 137, L. 1941; amd. Sec. 1, Ch. 45, L. 1949; R.C.M. 1947, 24-102.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-213. Repealed

69-4-213. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 3, Ch. 171, L. 1917; re-en. Sec. 2679, R.C.M. 1921; re-en. Sec. 2679, R.C.M. 1935; amd. Sec. 3, Ch. 137, L. 1941; R.C.M. 1947, 24-103.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-214. Repealed

69-4-214. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 4, Ch. 171, L. 1917; re-en. Sec. 2680, R.C.M. 1921; re-en. Sec. 2680, R.C.M. 1935; R.C.M. 1947, 24-104.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-215. Repealed

69-4-215. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 5, Ch. 171, L. 1917; re-en. Sec. 2681, R.C.M. 1921; re-en. Sec. 2681, R.C.M. 1935; amd. Sec. 4, Ch. 137, L. 1941; R.C.M. 1947, 24-105.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-216. Repealed

69-4-216. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 6, Ch. 171, L. 1917; re-en. Sec. 2682, R.C.M. 1921; re-en. Sec. 2682, R.C.M. 1935; amd. Sec. 5, Ch. 137, L. 1941; R.C.M. 1947, 24-106.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-217. Repealed

69-4-217. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 7, Ch. 171, L. 1917; re-en. Sec. 2683, R.C.M. 1921; re-en. Sec. 2683, R.C.M. 1935; amd. Sec. 6, Ch. 137, L. 1941; amd. Sec. 1, Ch. 248, L. 1947; amd. Sec. 1, Ch. 344, L. 1971; R.C.M. 1947, 24-107.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-218. Repealed

69-4-218. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 8, Ch. 171, L. 1917; re-en. Sec. 2684, R.C.M. 1921; re-en. Sec. 2684, R.C.M. 1935; R.C.M. 1947, 24-108.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-219. Repealed

69-4-219. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 9, Ch. 171, L. 1917; re-en. Sec. 2685, R.C.M. 1921; re-en. Sec. 2685, R.C.M. 1935; amd. Sec. 7, Ch. 137, L. 1941; R.C.M. 1947, 24-109.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-220. Repealed

69-4-220. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 10, Ch. 171, L. 1917; re-en. Sec. 2686, R.C.M. 1921; re-en. Sec. 2686, R.C.M. 1935; R.C.M. 1947, 24-110.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-221. Repealed

69-4-221. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 11, Ch. 171, L. 1917; re-en. Sec. 2687, R.C.M. 1921; re-en. Sec. 2687, R.C.M. 1935; R.C.M. 1947, 24-111.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-222. Repealed

69-4-222. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 12, Ch. 171, L. 1917; re-en. Sec. 2688, R.C.M. 1921; re-en. Sec. 2688, R.C.M. 1935; amd. Sec. 8, Ch. 137, L. 1941; R.C.M. 1947, 24-112.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-223. Repealed

69-4-223. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 13, Ch. 171, L. 1917; re-en. Sec. 2689, R.C.M. 1921; re-en. Sec. 2689, R.C.M. 1935; R.C.M. 1947, 24-113.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-224. Repealed

69-4-224. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 14, Ch. 171, L. 1917; re-en. Sec. 2690, R.C.M. 1921; re-en. Sec. 2690, R.C.M. 1935; amd. Sec. 9, Ch. 137, L. 1941; R.C.M. 1947, 24-114.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-225. Repealed

69-4-225. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 15, Ch. 171, L. 1917; re-en. Sec. 2691, R.C.M. 1921; re-en. Sec. 2691, R.C.M. 1935; amd. Sec. 10, Ch. 137, L. 1941; R.C.M. 1947, 24-115.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-226. Repealed

69-4-226. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 16, Ch. 171, L. 1917; re-en. Sec. 2692, R.C.M. 1921; re-en. Sec. 2692, R.C.M. 1935; amd. Sec. 11, Ch. 137, L. 1941; R.C.M. 1947, 24-116.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-227. Repealed

69-4-227. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 17, Ch. 171, L. 1917; re-en. Sec. 2693, R.C.M. 1921; re-en. Sec. 2693, R.C.M. 1935; R.C.M. 1947, 24-117.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-228. Repealed

69-4-228. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 18, Ch. 171, L. 1917; re-en. Sec. 2694, R.C.M. 1921; re-en. Sec. 2694, R.C.M. 1935; R.C.M. 1947, 24-118.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-229. Repealed

69-4-229. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 19, Ch. 171, L. 1917; re-en. Sec. 2695, R.C.M. 1921; re-en. Sec. 2695, R.C.M. 1935; R.C.M. 1947, 24-119.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-230. Repealed

69-4-230. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 20, Ch. 171, L. 1917; re-en. Sec. 2696, R.C.M. 1921; re-en. Sec. 2696, R.C.M. 1935; R.C.M. 1947, 24-120.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-231. Repealed

69-4-231. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 21, Ch. 171, L. 1917; re-en. Sec. 2697, R.C.M. 1921; re-en. Sec. 2697, R.C.M. 1935; R.C.M. 1947, 24-121.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 2. Construction Standards for Utility Lines and Facilities › 69-4-232. Repealed

69-4-232. Repealed.
Sec. 6, Ch. 516, L. 1979.
History: En. Sec. 22, Ch. 171, L. 1917; re-en. Sec. 2698, R.C.M. 1921; re-en. Sec. 2698, R.C.M. 1935; R.C.M. 1947, 24-122.