reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-222. Utility disclosure required -- definition

69-3-222. Utility disclosure required -- definition.
(1) Except as provided in subsection (3), a utility shall provide the average annual energy use for a property.
(2) Average annual energy use must:
(a) be calculated using an average of the past 12 months of usage on a property and the rates currently in effect;
(b) include the electricity, natural gas, or both used on the property based on meters used for measuring or registering utility service; and
(c) be expressed in dollars.
(3) (a) A utility may not make public or otherwise disclose personal information protected by an individual privacy interest or information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy.
(b) A utility may provide the information required pursuant to subsection (1) only to a person or entity owning the property or representing the person or entity or to a person involved in a real estate-related transaction on the property.
(4) As used in 69-3-223 and this section, the following definitions apply:
(a) "Real estate-related transaction" means any of the following:
(i) the making or purchasing of loans or providing other financial assistance:
(A) for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or
(B) secured by real estate; or
(ii) the selling, leasing, brokering, or appraising of real property.
(b) "Utility" means any public utility regulated by the commission pursuant to Title 69, chapter 3, that provides electricity or natural gas for sale to customers.
History: En. Sec. 1, Ch. 391, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-223. Utility -- liability

69-3-223. Utility -- liability.
A utility is liable for direct damages resulting from a discontinuance of utility service caused by breach of a continuous service agreement.
History: En. Sec. 2, Ch. 391, L. 2013.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-225. Overbilling of regulated telecommunications tariff charges -- statute of limitations for recovery

69-3-225. Overbilling of regulated telecommunications tariff charges -- statute of limitations for recovery.
(1) A person or entity alleging overbilling of tariffed telecommunications charges by a regulated telecommunications company shall file the action before the commission or a court of competent jurisdiction within 2 years of the date of overbilling.
(2) This section is intended to be consistent with limitations on actions as provided in 47 U.S.C. 415.
(3) For purposes of this section, the following definitions apply:
(a) "Overbilling" means presenting a bill to a customer of a regulated telecommunications company that includes charges that overstate the amount owed by the customer pursuant to the tariff for the service as approved by and on file with the commission.
(b) "Regulated telecommunications company" means all public utility companies that are regulated pursuant to 69-3-101(1)(f), Title 69, chapter 3, part 8, and 69-3-803(10).
(c) "Tariffed telecommunications charges" means all charges and fees for regulated services billed by a regulated telecommunications company as authorized by a tariff that has been approved by and filed with the commission.
History: En. Sec. 1, Ch. 490, L. 2021.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 3. Ratemaking Procedures › 69-3-332. Digital asset mining ratemaking

69-3-332. Digital asset mining ratemaking.
(1) The commission may not establish a rate classification for digital asset mining, digital asset mining businesses, or home digital asset mining that creates unduly discriminatory rates.
(2) For the purposes of this section, the following definitions apply:
(a) "Data center" means a use involving a building or premises in which the majority of the use is occupied by computers, telecommunications, or related equipment, including supporting equipment, where information is processed, transferred, and stored.
(b) "Digital asset mining" means the use of electricity to power a computer for the purpose of securing a blockchain network.
(c) "Digital asset mining business" means a group of computers working at a single site that consume more than 1 megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network.
(d) "Discriminatory rates" means electricity rates substantially different from other industrial similar uses of electricity in similar geographic areas after accounting for the cost of service.
(e) "Home digital asset mining" means mining digital assets in areas zoned for residential use that consume less than 1 megawatt of energy on an average annual basis for the purpose of generating digital assets by securing a blockchain network.
History: En. Sec. 1, Ch. 344, L. 2023.
2023 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).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 4. Review of Commission Actions (Repealed) › 69-3-402. Repealed

69-3-402. 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); amd. Sec. 1, Ch. 366, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 4. Review of Commission Actions (Repealed) › 69-3-403. Repealed

69-3-403. 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).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 4. Review of Commission Actions (Repealed) › 69-3-404. Repealed

69-3-404. 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(3), (4); amd. Sec. 2, Ch. 366, L. 1979; amd. Sec. 1, Ch. 187, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 4. Review of Commission Actions (Repealed) › 69-3-405. Repealed

69-3-405. 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(5).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-501. Regulation of issuance of securities and creation of liens by utilities

69-3-501. Regulation of issuance of securities and creation of liens by utilities.
(1) Whenever a public utility furnishing electric or gas service in the state has revenue derived from sources in Montana which exceeds $5 million or 5% of its gross revenue, the utility's right to issue, assume, or guarantee securities and to create liens on its property in the state is subject to the regulation and supervision of the commission, as set forth in this part.
(2) The public utility, when authorized by order of the commission and not otherwise, may issue stocks and stock certificates and may issue, assume, or guarantee other securities payable at periods of more than 12 months thereafter for the following purposes:
(a) the acquisition of property;
(b) the construction, completion, extension, or improvement of its facilities;
(c) the improvement or maintenance of its service;
(d) the discharge or lawful refunding of its obligations;
(e) the reimbursement of money actually expended for said purposes from income or from other money; or
(f) any other purpose approved by the commission.
History: En. Sec. 1, Ch. 74, L. 1961; R.C.M. 1947, 70-117.1; amd. Sec. 1, Ch. 354, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-502. Petition for issuance of securities

69-3-502. Petition for issuance of securities.
Such public utility shall, by written petition, filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, assumption, or guarantee of securities and the application of the proceeds therefrom for the purposes specified.
History: En. Sec. 2, Ch. 74, L. 1961; R.C.M. 1947, 70-117.2(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-503. Prompt consideration of petition

69-3-503. Prompt consideration of petition.
All applications to the commission hereunder shall be disposed of promptly and in any event within 30 days after petition is filed with the commission unless, for good cause, it is necessary to continue consideration thereof for a longer period. Whenever such application is continued beyond said 30-day period, the commission shall enter its order effecting such continuance and stating fully therein the facts requiring continuance for a designated period of time.
History: En. Sec. 4, Ch. 74, L. 1961; R.C.M. 1947, 70-117.4.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-504. Decision on petition

69-3-504. Decision on petition.
After such hearing and upon such notice as the commission may prescribe, the commission shall enter its written order approving the petition and authorizing the proposed securities transactions unless the commission shall find that:
(1) such transactions are inconsistent with the public interest;
(2) the purpose or purposes thereof are not permitted by this part; or
(3) the aggregate amount of the securities outstanding and proposed to be outstanding would exceed the fair value of the properties and business of the public utility.
History: En. Sec. 2, Ch. 74, L. 1961; R.C.M. 1947, 70-117.2(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-505. Issuance of certain short-term obligations

69-3-505. Issuance of certain short-term obligations.
Such public utility may issue notes or drafts maturing not more than 1 year after the date of such issue, renewal, or assumption of liability and aggregating, together with all other then outstanding notes and drafts of a maturity of 1 year or less on which such public utility is primarily or secondarily liable, not more than 5% of the par value of the other securities of the public utility then outstanding, without application to or order of the commission. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issuance of such notes or drafts.
History: En. Sec. 3, Ch. 74, L. 1961; R.C.M. 1947, 70-117.3.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-506. Unapproved securities void

69-3-506. Unapproved securities void.
Except as provided in 69-3-505, all securities issued, assumed, or guaranteed after July 1, 1961, without approval by the commission as provided herein shall be void.
History: En. Sec. 5, Ch. 74, L. 1961; R.C.M. 1947, 70-117.5.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 5. Issuance of Securities and Creation of Liens › 69-3-507. State not obligated on securities

69-3-507. State not obligated on securities.
No provision of this part or any act or deed done or performed in connection therewith shall be construed to obligate the state to pay or guarantee in any manner whatsoever any security authorized, issued, assumed, or guaranteed under the provisions of this part.
History: En. Sec. 6, Ch. 74, L. 1961; R.C.M. 1947, 70-117.6.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 6. Small Power Production Facilities › 69-3-601. Definitions

69-3-601. (Temporary) Definitions.
As used in this part, the following definitions apply:
(1) "Commission" means the Montana public service commission.
(2) "Electric cooperative" means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do business in Montana.
(3) "Qualifying small power production facility" means a facility that:
(a) produces electricity by the use, as a primary energy source, of biomass, waste, water, wind, or other renewable resource, or any combination of those sources; or
(b) produces electricity and useful forms of thermal energy, such as heat or steam, used for industrial, commercial, heating, or cooling purposes through the sequential use of energy known as cogeneration; and
(c) has a power production capacity that together with any other facilities located at the same site is not greater than 80 megawatts; and
(d) is owned by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility.
(4) "Utility" means any public utility supplying electricity and regulated by the commission. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
History: En. Sec. 1, Ch. 436, L. 1981; amd. Sec. 1, Ch. 232, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 6. Small Power Production Facilities › 69-3-602. Generation and sale of electricity by qualifying small power production facility

69-3-602. (Temporary) Generation and sale of electricity by qualifying small power production facility.
(1) A qualifying small power production facility may generate electricity from the sources described in 69-3-601(3)(a) and (3)(b) and may contract for the sale of that electricity with a utility.
(2) A qualifying small power production facility may generate electricity from the sources described in 69-3-601(3)(a) and (3)(b) and may contract for the sale of that electricity with an electric cooperative under terms and conditions mutually agreed upon between the parties and in compliance with the rates and regulations established by the Public Utility Regulatory Policies Act. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
History: En. Sec. 2, Ch. 436, L. 1981; amd. Sec. 2, Ch. 232, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 6. Small Power Production Facilities › 69-3-603. Required sale of electricity under rates and conditions prescribed by commission

69-3-603. (Temporary) Required sale of electricity under rates and conditions prescribed by commission.
(1) Except as provided in subsection (3), if a qualifying small power production facility and a utility are unable to mutually agree to a contract for the sale of electricity or a price for the electricity to be purchased by the utility, the commission shall require the utility to purchase the electricity under rates and conditions established under the provisions of subsection (2).
(2) (a) The commission shall determine the rates and conditions of the contract upon petition of a qualifying small power production facility or a utility or during a rate proceeding involving the review of rates paid by a utility for electricity purchased from a qualifying small power production facility. The commission shall render a decision within 180 days of receipt of the petition or, in accordance with subsection (2)(b), before the completion of the rate proceeding. The rates and conditions of the determination must be made according to the standards prescribed in 69-3-604.
(b) When a utility files a request to establish or revise rate schedules for qualifying small power production facilities pursuant to rules adopted by the commission, the commission shall issue an order within 270 days of receipt of the request.
(3) (a) If a qualifying small power production facility is eligible to sell electricity to a utility pursuant to a rate schedule approved by the commission, neither the qualifying small power production facility nor the utility may petition the commission in accordance with subsection (2)(a) to authorize a rate or term different from that in the rate schedule.
(b) A qualifying small power production facility may file a complaint pursuant to 69-3-321 if the facility feels the rate schedule approved by the commission is unreasonable. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
History: En. Sec. 3, Ch. 436, L. 1981; amd. Sec. 1, Ch. 69, L. 2011; amd. Sec. 1, Ch. 234, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 6. Small Power Production Facilities › 69-3-604. Standards for determination of rates and conditions

69-3-604. (Temporary) Standards for determination of rates and conditions.
(1) The commission shall determine the rates and conditions of the contract for the sale of electricity by a qualifying small power production facility according to the standards in subsections (2) through (6).
(2) Long-term contracts for the purchase of electricity by the utility from a qualifying small power production facility must be encouraged in order to enhance the economic feasibility of qualifying small power production facilities.
(3) The rates to be paid by a utility for electricity purchased from a qualifying small power production facility must be established with consideration of the availability and reliability of the electricity produced.
(4) The commission shall set these rates using the avoided cost over the term of the contract.
(5) Avoided cost rates may not include a bonus or adder to provide additional compensation for environmental externalities or other costs above avoided costs, except when a bonus or adder is necessary to compensate for a real and actual cost required by existing regulation or existing law.
(6) The commission may adopt rules further defining the criteria for qualifying small power production facilities, their cost-effectiveness, and other standards. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)
History: En. Sec. 4, Ch. 436, L. 1981; amd. Sec. 3, Ch. 232, L. 1983; amd. Sec. 1, Ch. 60, L. 2011; amd. Sec. 1, Ch. 300, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-701. Definitions

69-3-701. Definitions.
As used in this part, the following definitions apply:
(1) "Commission" means the Montana public service commission created in 2-15-2602.
(2) "Conservation" means any reduction in electric power or natural gas consumption as a result of investment in measures that increase the efficiency of electricity or gas use in building shells, space heating or cooling equipment, water heating equipment, or refrigeration equipment or other cost-effective measures which, over its economic life meet the criteria of 69-3-702.
History: En. Sec. 1, Ch. 610, L. 1983; amd. Sec. 1, Ch. 304, L. 1987; amd. Sec. 7, Ch. 157, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-702. Eligible conservation

69-3-702. Eligible conservation.
Conservation purchases or investments are eligible under this part if they are provided for in 69-3-1206 and in accordance with 69-3-714 or 69-3-1209.
History: En. Sec. 3, Ch. 610, L. 1983; amd. Sec. 2, Ch. 304, L. 1987; amd. Sec. 8, Ch. 157, L. 1993; amd. Sec. 6, Ch. 449, L. 2019; amd. Sec. 2, Ch. 535, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-703. Utility investment in or purchase of conservation -- approval by commission

69-3-703. Utility investment in or purchase of conservation -- approval by commission.
(1) A utility may:
(a) purchase conservation from a person or private firm; or
(b) directly engage in conservation investments.
(2) The conservation purchases or investments provided for in subsection (1) are subject to approval by the commission.
(3) Cost-effective conservation measures approved by the commission may, at the customer's discretion, be installed by:
(a) a person or a private firm;
(b) the customer; or
(c) the utility.
History: En. Sec. 2, Ch. 610, L. 1983; amd. Sec. 1992, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-711. Criteria for allowable conservation and demand-side management programs -- onsite audits

69-3-711. Criteria for allowable conservation and demand-side management programs -- onsite audits.
(1) The commission shall approve cost-effectiveness criteria for conservation that may be placed into a utility's rate base under this part and demand-side management programs in accordance with 69-3-1201 through 69-3-1209.
(2) The commission may conduct onsite energy audits to ensure compliance with the criteria established under subsection (1).
History: En. Sec. 5, Ch. 610, L. 1983; amd. Sec. 7, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-712. Commission to include conservation and demand-side management programs in rate base -- rate of return

69-3-712. Commission to include conservation and demand-side management programs in rate base -- rate of return.
(1) In order to encourage the purchase of or investment in conservation by a utility, the commission may include conservation purchases or investments and demand-side management programs eligible under 69-3-702 and in compliance with criteria adopted under 69-3-711 and 69-3-1201 through 69-3-1209 in a utility's rate base.
(2) In establishing the rate of return, the commission may allow an increment of up to 2% added to the rate of return on common equity permitted on the utility's other investments.
(3) The commission shall allow the rate of return increment provided for in subsection (2) for a period not to exceed 30 years after the conservation is first placed in the rate base.
(4) The commission shall prescribe amortization periods for conservation that is included in a utility's rate base.
History: En. Sec. 4, Ch. 610, L. 1983; amd. Sec. 8, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-713. Repealed

69-3-713. Repealed.
Sec. 3, Ch. 11, L. 2021.
History: En. Sec. 6, Ch. 610, L. 1983; amd. Sec. 9, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 7. Conservation Purchases or Investments by Utilities › 69-3-714. Criteria for allowable advanced conductor programs

69-3-714. Criteria for allowable advanced conductor programs.
(1) The commission may approve cost-effectiveness criteria for advanced conductor projects that may be placed into a utility's rate base under this part.
(2) Criteria must be based on established direct current resistance at standard pressure and a temperature of 20 degrees Celsius.
(3) As used in this section, "advanced conductor" means an overhead electricity conductor installed in a transmission or distribution project that has a direct current electrical resistance at least 10% lower than existing conductors of a similar diameter on the system.
(4) In establishing cost-effectiveness criteria, the commission may consider decreased electrical losses and any other relevant consumer, environmental, and system benefits provided by advanced conductors.
History: En. Sec. 1, Ch. 535, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-802. Purpose

69-3-802. Purpose.
The legislature declares that it remains the policy of the state of Montana to maintain universal availability of basic telecommunications service at affordable rates. To the extent that it is consistent with maintaining universal service, it is further the policy of this state to encourage competition in the telecommunications industry, thereby allowing access by the public to resulting rapid advances in telecommunications technology. It is the purpose of this part to provide a regulatory framework that will allow an orderly transition from a regulated telecommunications industry to a competitive market environment, and it is further the purpose of this part to clarify that the commission has authority to implement alternative forms of regulation for providers of regulated telecommunications services.
History: En. Sec. 2, Ch. 546, L. 1985; amd. Sec. 1, Ch. 210, L. 1991.