reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 4. Funding of Department of Public Service Regulation › 69-1-403. Determination and collection of fee

69-1-403. Determination and collection of fee.
(1) The fee provided for in 69-1-402 to be paid by regulated companies must be determined in the manner set forth in 69-1-224 for determining the consumer counsel fee, except that gross revenues from sales to other regulated companies for resale, as calculated by the public service commission, must be excluded from the determination of the total gross operating revenue pursuant to 69-1-224.
(2) The department of revenue shall give notice by mail to each regulated company of the percentage determined pursuant to 69-1-224 and this section to be applied to gross operating revenues reported under 69-1-223, excluding gross revenues from sales to other regulated companies for resale.
(3) The fee provided for in 69-1-402 may be computed and collected in the manner provided in 69-1-225 through 69-1-227.
(4) All fees paid by a regulated company pursuant to this section are immediately recoverable by the regulated company in its rates and charges. Within 30 days after the issuance by the department of revenue of the notice required by 69-1-224(1), the public service commission shall by separate order authorize each regulated company to fully recover in its rates and charges, on an annual basis, the fees levied by this part.
History: En. Sec. 3, Ch. 32, Sp. L. June 1986; amd. Sec. 5, Ch. 647, L. 1987; amd. Sec. 4, Ch. 508, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 1. Structure and Organization of State Agencies › Part 4. Funding of Department of Public Service Regulation › 69-1-404. Repealed

69-1-404. Repealed.
Sec. 56, Ch. 349, L. 1993.
History: En. Sec. 5, Ch. 32, Sp. L. June 1986; amd. Sec. 45, Ch. 112, L. 1991.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 1. Role of Public Service Commission › 69-2-101. Adoption of rules for rate cases

69-2-101. Adoption of rules for rate cases.
The commission shall adopt such rules of practice and procedure for the filing, investigation, and hearing of petitions or applications to increase or decrease rates and charges of railroads, motor carriers, and public utilities as the commission finds necessary or appropriate to enable it to reach a final decision in an orderly manner.
History: En. 70-104.1 by Sec. 1, Ch. 137, L. 1977; R.C.M. 1947, 70-104.1.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 1. Role of Public Service Commission › 69-2-102. Role of commission when consumer counsel protests

69-2-102. Role of commission when consumer counsel protests.
In any case involving an application by a regulated entity to the commission for authority to increase its rates that is actively contested by the consumer counsel, the commission shall leave representation of the interests of consumers to the consumer counsel when the consumer counsel timely petitions to become a party to the case. This section does not prohibit the commission or its staff from investigating and interrogating in any hearing to clarify the case or present an issue. Evidence may be introduced by the commission on an issue that has not been adequately addressed by any party if the commission first requests counsel of record to address the issue and counsel fails to introduce sufficient or adequate evidence.
History: En. 70-707.1 by Sec. 1, Ch. 474, L. 1977; R.C.M. 1947, 70-707.1; amd. Sec. 1985, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 1. Role of Public Service Commission › 69-2-103. Hearings examiner

69-2-103. Hearings examiner.
(1) (a) Except as provided in subsections (1)(b) and (1)(c), if requested by the applicant, the commission shall appoint a hearings examiner for proceedings under this title.
(b) If four public service commissioners determine that a hearings examiner is not required for a proceeding, the commission is not required to appoint a hearings examiner.
(c) If three public service commissioners determine that a hearings examiner is necessary for a proceeding, the commission shall appoint a hearings examiner.
(d) The determinations in this subsection (1) must be made by a vote of the commission during a public meeting.
(e) If a hearings examiner is appointed at the request of an applicant in accordance with subsection (1)(a), the commission may assess the costs to the applicant.
(f) If the public service commission determines a hearings examiner is required in accordance with subsection (1)(c), the commission shall cover the costs and may not pass those costs on to an applicant.
(g) The commission may disqualify the hearings examiner and appoint another hearings examiner. The affidavit must state the facts and the reasons for the belief that the hearings examiner should be disqualified.
(2) The hearings examiner may not communicate with any party or a party's representative in connection with any issue of fact or law in the case unless there is notice and opportunity for all parties to participate. The commission may not communicate with any party before the conclusion of the hearing.
(3) The commission may adopt rules necessary to implement the utilization of a hearings examiner in accordance with this section.
History: En. Sec. 4, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-201. Appearance at hearings by counsel

69-2-201. Appearance at hearings by counsel.
The consumer counsel may appear at public hearings conducted by the commission, as the representative of the consuming public, on all matters which come before the commission which in any way affect the consuming public and shall have all the rights and powers of any party in interest appearing before the commission regarding examination and cross-examination of witnesses, presentation of evidence, and other matters.
History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(1).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-202. Institution of and intervention in proceedings involving regulated companies

69-2-202. Institution of and intervention in proceedings involving regulated companies.
(1) The consumer counsel may institute proceedings before the commission against regulated companies.
(2) The consumer counsel may institute, intervene in, or otherwise participate in appropriate proceedings in the state and federal courts and administrative agencies in the name of and on behalf of the utility and transportation consuming public of the state of Montana or substantial elements thereof, including review of decisions rendered by or failure to act by the commission and applications for restraining orders pending the investigation of and decision upon a matter by the commission, pursuant to 27-19-203.
History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(2), (5); amd. Sec. 4, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-203. Investigatory powers of counsel

69-2-203. Investigatory powers of counsel.
(1) The consumer counsel has all the investigatory powers necessary to perform the counsel's duties as provided in this section and all discovery powers sanctioned by the Montana Rules of Civil Procedure and the Montana Administrative Procedure Act. It is the specific intent of this section to provide the authority and availability of the process of discovery to the consumer counsel in administrative contested-case procedure. Violations of discovery procedure must be heard and administered by the district court. In the event of an appeal to district court for enforcement of discovery procedures, the time limits imposed by 69-3-302 and 69-3-303 are suspended pending order of the district court.
(2) The consumer counsel may examine in any commission proceedings, under oath, any officer, director, manager, or employee of any regulated company and may inspect the business and corporate records of any regulated company in accordance with the law to aid in the exercise of the consumer counsel's duties.
History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(3), (4); amd. Sec. 1986, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-204. Representation of consuming public

69-2-204. Representation of consuming public.
(1) The consumer counsel shall meet and confer with members or representatives of the consuming public at times and places that the consumer counsel determines appropriate.
(2) The consumer counsel has other powers necessary to fully represent the interests of the consuming public before the commission as may be granted and promulgated by the committee in accordance with the provisions of the Montana Administrative Procedure Act.
History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(6), (8); amd. Sec. 1987, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-205. Violations

69-2-205. Violations.
(1) Any regulated company or any officer or employee of any regulated company who, with intent to evade any fee or any requirement of this part or part 2 of chapter 1 or any lawful requirement of the commission thereunder, fails to pay the fee, to make, render, sign, or verify any statement, or to supply any information, within the time required by or under the provisions of this part or part 2 of chapter 1, or who, with like intent, makes, renders, signs, or verifies any false or fraudulent statement or supplies any false or fraudulent information:
(a) shall be liable to a penalty of not more than $1,000, to be recovered by the attorney general, in the name of the state, by action in any court of competent jurisdiction; and
(b) shall also be guilty of a misdemeanor and shall, upon conviction, be fined not to exceed $1,000 or be imprisoned in the county jail not to exceed 1 year or both, at the discretion of the court.
(2) The certificate of the department of revenue to the effect that a fee has not been paid, that a report has not been filed, or that information has not been supplied, as required by or under the provisions of this part or part 2 of chapter 1, shall be prima facie evidence that such fee has not been paid, that such statement has not been filed, or that such information has not been supplied.
History: En. Sec. 9, Ch. 65, L. 1973; amd. Sec. 1, Ch. 319, L. 1974; R.C.M. 1947, 70-709(5), (6).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-211. Notice to consumer counsel

69-2-211. Notice to consumer counsel.
In addition to all other forms of notice of hearings conducted by the commission provided for in this title, notices of all hearings shall be served upon the consumer counsel.
History: En. 70-710 by Sec. 1, Ch. 212, L. 1974; R.C.M. 1947, 70-710.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-212. Notice to advise public of availability of consumer counsel

69-2-212. Notice to advise public of availability of consumer counsel.
All forms of notice of public hearings conducted by the commission under this title, including all notices posted in public places or published in the legal advertising sections of newspapers, shall advise members of the consuming public of the existence of the office of the consumer counsel and its availability to function on behalf of members of the consuming public.
History: En. 70-711 by Sec. 2, Ch. 212, L. 1974; R.C.M. 1947, 70-711.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-216. Customer fiscal impact analysis -- requirements

69-2-216. Customer fiscal impact analysis -- requirements.
(1) Within 10 days of receiving an application pursuant to subsection (1)(a) or (1)(b), the department of environmental quality shall notify the office of consumer counsel that it is in receipt of:
(a) a permit application pursuant to Title 75, chapter 2, 5, or 10, for a new electrical generation facility; or
(b) an application for a certificate under the Montana Major Facility Siting Act for a new facility or upgrade, as defined in 75-20-104.
(2) The office of consumer counsel shall complete an analysis outlining the fiscal impacts of the project on electricity customers in Montana. The analysis must include an estimation of how customers' rates may be impacted.
(3) (a) Except as provided in subsection (3)(b), the analysis must be completed within 30 days of receipt of the notice from the department.
(b) The department shall extend the 30-day deadline if compliance with the deadline is not necessary to comply with the requirements of subsection (4).
(4) The analysis must be provided to the department and incorporated into the department's environmental review, including draft documents released for public comment.
(5) (a) Within 5 days of the close of the public comment period for an application referred to in subsection (1)(a) or (1)(b), the department shall forward public comments related to the analysis to the consumer counsel.
(b) The consumer counsel shall respond to the comments and return the responses to the department within 30 days, and the responses must be included in the final environmental reviews.
History: En. Sec. 1, Ch. 469, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 2. General Regulatory Provisions › Part 2. Role of Consumer Counsel › 69-2-217. Exemptions -- definition

69-2-217. Exemptions -- definition.
(1) Projects proposed by utilities, as defined in 69-8-103, or their affiliates are exempt from the analysis required by 69-2-216 if the utility or affiliate files the necessary tariffs, rate schedules, and other requisite information with the commission or the federal energy regulatory commission.
(2) For the purposes of this section, "affiliate" means an entity wholly or partially owned by, closely connected to, or associated with a utility.
History: En. Sec. 2, Ch. 469, L. 2007; amd. Sec. 1, Ch. 99, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-101. Meaning of term "public utility"

69-3-101. Meaning of term "public utility".
(1) The term "public utility", within the meaning of this chapter, includes every corporation, both public and private, company, individual, association of individuals, and their lessees, trustees, or receivers appointed by any court that own, operate, or control any plant or equipment, any part of a plant or equipment, or any water right within the state for the production, delivery, or furnishing for or to other persons, firms, associations, or corporations, private or municipal:
(a) heat;
(b) street-railway service;
(c) light;
(d) power in any form or by any agency;
(e) except as provided in chapter 7, water for business, manufacturing, household use, or sewerage service, whether within the limits of municipalities or towns or elsewhere;
(f) regulated telecommunications service.
(2) The term does not include:
(a) privately owned and operated water, sewer, or water and sewer systems that do not serve the public;
(b) county or consolidated city and county water or sewer districts as defined in Title 7, chapter 13, parts 22 and 23;
(c) except as provided in chapter 7, municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44; or
(d) a person exempted from regulation as a public utility as provided in 69-3-111.
History: En. Sec. 3, Ch. 52, L. 1913; re-en. Sec. 3881, R.C.M. 1921; re-en. Sec. 3881, R.C.M. 1935; R.C.M. 1947, 70-103(part); amd. Sec. 3, Ch. 631, L. 1979; amd. Sec. 8, Ch. 607, L. 1981; amd. Secs. 4, 5, Ch. 588, L. 1983; amd. Sec. 1, Ch. 195, L. 1985; amd. Sec. 11, Ch. 546, L. 1985; amd. Sec. 9, Ch. 214, L. 2011.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-102. Supervision and regulation of public utilities

69-3-102. Supervision and regulation of public utilities.
The commission is hereby invested with full power of supervision, regulation, and control of such public utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation, and control of such utilities by any municipality, town, or village.
History: En. Sec. 3, Ch. 52, L. 1913; re-en. Sec. 3881, R.C.M. 1921; re-en. Sec. 3881, R.C.M. 1935; R.C.M. 1947, 70-103(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-103. General powers and rulemaking authority of commission

69-3-103. General powers and rulemaking authority of commission.
(1) In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said commission shall have power to prescribe rules of procedure and to do all things necessary and convenient in the exercise of the powers conferred by this chapter upon the commission; provided that nothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the legality or reasonableness of any fixed order made by the commission in the exercise of its duties or powers.
(2) The commission shall have the power to:
(a) adopt reasonable and proper rules relative to all inspections, tests, audits, and investigations;
(b) adopt and publish reasonable and proper rules to govern its proceedings; and
(c) regulate the mode and manner of all investigations and hearings of public utilities and other parties before it.
History: (1)En. Sec. 4, Ch. 52, L. 1913; re-en. Sec. 3882, R.C.M. 1921; re-en. Sec. 3882, R.C.M. 1935; Sec. 70-104, R.C.M. 1947; (2)En. Sec. 14, Ch. 52, L. 1913; re-en. Sec. 3894, R.C.M. 1921; re-en. Sec. 3894, R.C.M. 1935; Sec. 70-116, R.C.M. 1947; R.C.M. 1947, 70-104, 70-116(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-104. Hearings to be open

69-3-104. Hearings to be open.
All hearings shall be open to the public.
History: En. Sec. 14, Ch. 52, L. 1913; re-en. Sec. 3894, R.C.M. 1921; re-en. Sec. 3894, R.C.M. 1935; R.C.M. 1947, 70-116(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-105. Access to commission records and reports -- protective order

69-3-105. Access to commission records and reports -- protective order.
(1) Except as provided in subsection (2), the reports, records, accounts, files, papers, and memoranda of every nature in the possession of the commission are open to the public during regular business hours, as defined in 2-16-117.
(2) The commission may issue a protective order when necessary to preserve trade secrets, as defined in 30-14-402, or other information that must be protected under law, as required to carry out its regulatory functions.
History: En. Sec. 9, Ch. 52, L. 1913; re-en. Sec. 3889, R.C.M. 1921; re-en. Sec. 3889, R.C.M. 1935; amd. Sec. 29, Ch. 93, L. 1969; amd. Sec. 7, Ch. 315, L. 1974; R.C.M. 1947, 70-111; amd. Sec. 1, Ch. 77, L. 1987; amd. Sec. 1, Ch. 144, L. 2005.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-106. Supervision of management of public utilities

69-3-106. Supervision of management of public utilities.
(1) The commission has the authority to inquire into the management of the business of all public utilities, shall keep itself informed as to the manner and method in which the business is conducted, and has the right to obtain from any public utility all necessary information to enable the commission to perform its duties.
(2) The commission, any commissioner, or any person or persons employed by the commission for that purpose, upon demand, has the right to inspect the books, accounts, papers, records, and memoranda of any public utility and to examine, under oath, any officer, agent, or employee of the public utility in relation to its business and affairs. Any person, other than one of the commissioners, who makes the demand shall produce the person's authority to make the inspection.
(3) The commission may require by order or subpoena, to be served on any public utility in the same manner that a summons is served in a civil action in the district court, the production, within this state and at a time and place that it may designate, of any books, accounts, papers, or records kept by a public utility in any office or place outside of the state or verified copies in lieu of the books, accounts, papers, or records, if the commission orders, so that that an examination of the books, accounts, papers, or records may be made by the commission or under its direction. Any public utility failing or refusing to comply with any an order or subpoena is subject to the liability provided for in 69-3-206.
History: En. Sec. 15, Ch. 52, L. 1913; re-en. Sec. 3895, R.C.M. 1921; re-en. Sec. 3895, R.C.M. 1935; R.C.M. 1947, 70-117; amd. Sec. 1988, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-107. Investigation and reports of accidents

69-3-107. Investigation and reports of accidents.
(1) The commission, some member of the commission, or some person deputed by it shall investigate and make inquiry into every accident occurring in the operation of any public utility in this state resulting in death or injury to any person that requires 3 days or more of hospitalization. The report of the accident must be filed in the office of the commission.
(2) A public utility operating within this state shall promptly upon the occurrence of any accident in the public utility's operation and resulting in death or injury to any person that requires hospitalization report the accident within the next 2 business days, followed by a written report that states the time and place of the accident, the names of persons killed or injured, and in concise form the nature and cause of the accident. The commission shall prescribe forms for the purpose of making these written reports.
History: En. Sec. 27, Ch. 52, L. 1913; re-en. Sec. 3907, R.C.M. 1921; re-en. Sec. 3907, R.C.M. 1935; amd. Sec. 1, Ch. 472, L. 1977; R.C.M. 1947, 70-129; amd. Sec. 1, Ch. 81, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-108. Standards for and examinations of products and services

69-3-108. Standards for and examinations of products and services.
(1) The commission shall ascertain and prescribe for each kind of public utility suitable and convenient commercial units of product or service. These are lawful units for the purposes of this chapter.
(2) The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply of the product or service rendered by any public utility and establish reasonable standards for examination and testing of the product or service and for the measurement of the product or service.
(3) The commission shall provide for the examination and testing of appliances used for the measuring of any product or service of a public utility. A consumer or user may have appliances tested upon payment of the fees fixed by the commission. The commission shall establish reasonable fees to be paid for testing appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of the request. These fees must be paid by the public utility and repaid to the complaining party if the quality or quantity of the product or the character of the service is found by the commission defective or insufficient in a degree to justify the demand for testing, or the commission may apportion the fees between the parties as justice may require.
(4) The commission may, in its discretion, purchase materials, apparatus, and standard measuring instruments for examinations and tests as it considers necessary.
(5) The commission or its agents, experts, or examiners may enter upon any premises occupied by a public utility for the purpose of making the examinations and tests provided in this chapter and set up and use on the premises any apparatus and appliances and occupy reasonable space for the examinations and tests. A public utility refusing to allow examinations to be made, as provided in this chapter, is subject to the penalties prescribed in 69-3-206.
(6) The standards and fees established by the commission pursuant to this section must be established through administrative rules or ordered tariff provisions, in accordance with the Montana Administrative Procedure Act.
History: En. Sec. 10, Ch. 52, L. 1913; re-en. Sec. 3890, R.C.M. 1921; re-en. Sec. 3890, R.C.M. 1935; R.C.M. 1947, 70-112; amd. Sec. 1, Ch. 117, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-109. Ascertaining property values

69-3-109. Ascertaining property values.
The commission may, in its discretion, investigate and ascertain the value of the property of each public utility actually used and useful for the convenience of the public. The commission is not bound to accept or use any particular value in determining rates. However, if any value is used, the value may not exceed the original cost of the property, except that the commission may include all or some of an acquisition adjustment for certain property purchased by a public utility in the purchasing utility's rate base if the transfer of the property to the purchasing utility is in the public interest. In making the investigation, the commission may avail itself of all information contained in the assessment rolls of various counties or in the public records of the various branches of the state government or of any other information obtainable, and the commission may at any time on its own initiative make a revaluation of the property.
History: En. Sec. 6, Ch. 52, L. 1913; re-en. Sec. 3884, R.C.M. 1921; re-en. Sec. 3884, R.C.M. 1935; amd. Sec. 1, Ch. 28, L. 1975; R.C.M. 1947, 70-106; amd. Sec. 1, Ch. 373, L. 1995.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-110. Enforcement of public utility law

69-3-110. Enforcement of public utility law.
(1) The commission shall inquire into any neglect or violation of the laws of this state by any public utility, as hereinbefore defined, doing business in this state or by the officers, agents, or employees thereof. The commission shall enforce the provisions of this chapter and report all violations thereof to the attorney general.
(2) All rates, fares, charges, classifications, and joint rates fixed by the commission shall be enforced and are prima facie lawful from the date of the order until changed or modified by the commission or in pursuance of part 4. All rules, practices, and services prescribed by the commission shall be enforced and enforcement actions shall be brought pursuant to the provisions of part 4 until the rules, practices, or services are changed or modified by the commission upon a satisfactory showing being made.
(3) Upon the request of the commission, it is the duty of the attorney general or the prosecuting attorney of any county to aid in any investigation, prosecution, hearing, or trial had under the provisions of this chapter and to institute and prosecute all actions or proceedings necessary for the enforcement of this chapter.
(4) Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the state in the district court of any county having jurisdiction of the defendant. The attorney general shall be the counsel in any proceeding, investigation, hearing, or trial prosecuted or defended by the commission, as also shall any prosecuting attorney selected by the commission or other special counsel furnished the commission in any county where such action is pending.
(5) In addition to the other remedies provided by this chapter for the prevention and punishment of any violation of the provisions thereof and all orders of the commission, the commission may compel compliance with the provisions of this chapter and of the orders of the commission by proceedings in mandamus, by injunction, or by other civil remedies.
History: En. Secs. 24, 25, 30, 31, Ch. 52, L. 1913; re-en. Secs. 3904, 3905, 3910, 3911, R.C.M. 1921; re-en. Secs. 3904, 3905, 3910, 3911, R.C.M. 1935; R.C.M. 1947, 70-126, 70-127, 70-132, 70-133; amd. Sec. 5, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-111. Persons with interest in property leased or to be sold to public utility -- exemption

69-3-111. Persons with interest in property leased or to be sold to public utility -- exemption.
(1) Upon application, the commission may, by order, determine that any person not otherwise a public utility is not a public utility subject to the jurisdiction, control, or regulation of the commission under this title solely because the person owns or controls any plant or equipment, any part of or undivided interest in a plant or equipment, or any water right described in 69-3-101:
(a) that is leased or sold or held for lease or sale to any public utility or other lessee;
(b) the operation and use of which is vested by lease or other contract in a public utility or other lessee; or
(c) for a period of not more than 90 days after termination of any lease or contract described in subsection (1)(a) or (1)(b) or after the person gains possession of the property following a breach of a lease or contract.
(2) An order may not be revoked or modified by the commission unless there is a material change in the lease or contract terms forming the basis of the order.
(3) The commission may, upon application by a public utility, issue its order approving the terms of any lease or contract described in subsection (1)(a) or (1)(b) for the purpose of qualifying any party to the lease or contract for an exemption by the United States securities and exchange commission, or its successor, from the federal Energy Policy Act of 2005.
(4) A public utility, as lessee of any plant or equipment, any part of or undivided interest in a plant or equipment, or any water right described in 69-3-101, that is subject to any lease or contract described in this section shall comply with this title regarding the plant, equipment, or water right.
(5) Nothing in this section may be construed to alter or modify the authority of the commission to regulate the rates and services of a public utility that is subject to the provisions of this title.
History: En. Sec. 2, Ch. 195, L. 1985; amd. Sec. 32, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-112. Evaluation of coal or other boiler fuel costs

69-3-112. Evaluation of coal or other boiler fuel costs.
(1) The purchases of coal or other boiler fuel for the generation of electricity by a public utility from a fuel supplier that is an affiliate of the public utility are subject to review by the commission to enable the commission to determine whether the costs incurred by the public utility are reasonable.
(2) In determining whether the costs incurred are reasonable, the commission shall compare the costs incurred by the public utility to the costs that the public utility would have incurred if the coal or other boiler fuel had been purchased from a different supplier under similar contract terms.
(3) The commission may disallow recovery in the rates charged by the public utility of any amount by which the costs incurred exceed the amount that the commission determines to be reasonable based on the comparison required under subsection (2).
(4) For the purposes of this section, the following definitions apply:
(a) "Affiliate" means a corporation or other entity wholly owned or controlled, directly or indirectly, by the public utility or by a corporation or other entity that wholly owns or controls, directly or indirectly, the public utility.
(b) "Different supplier" means a fuel supplier that is not an affiliate of the public utility that is subject to commission review under this section.
History: En. Secs. 1, 2, Ch. 166, L. 1995.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 1. Role of Commission and Power of Eminent Domain › 69-3-113. Power of eminent domain

69-3-113. Power of eminent domain.
A public utility as defined in 69-3-101 may acquire by eminent domain any interest in property, as provided in Title 70, chapter 30, for a public use authorized by law to provide service to the customers of its regulated service.
History: En. Sec. 1, Ch. 321, L. 2011.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-201. Utilities to provide adequate service at reasonable charges

69-3-201. Utilities to provide adequate service at reasonable charges.
Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, power, water, or regulated telecommunications service produced, transmitted, delivered, or furnished or for any service to be rendered as or in connection with any public utility shall be reasonable and just, and every unjust and unreasonable charge is prohibited and declared unlawful.
History: En. Sec. 5, Ch. 52, L. 1913; re-en. Sec. 3883, R.C.M. 1921; re-en. Sec. 3883, R.C.M. 1935; R.C.M. 1947, 70-105; amd. Sec. 12, Ch. 546, L. 1985.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-202. Records of public utilities

69-3-202. Records of public utilities.
(1) Every public utility shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted.
(2) Every public utility engaged directly or indirectly in any other businesses than those mentioned in 69-3-101 shall, if required by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such other businesses, in which case all the provisions of this chapter shall apply with like force and effect to the books, accounts, papers, and records of such other businesses.
(3) The commission shall cause to be prepared suitable blanks for carrying out the purposes of this chapter and shall, when necessary, furnish such blanks to each public utility. No public utility shall keep any other books, accounts, papers, or records of the business transacted than those prescribed or approved by the commission.
(4) Each public utility shall have an office in one of the towns, villages, or cities in this state in which its property or some part thereof is located and shall keep in said office all such books, accounts, papers, and records as shall be required by the commission to be kept within the state. No books, accounts, papers, or records required by the commission to be kept within the state shall at any time be removed from the state except upon such conditions as may be prescribed by the commission.
(5) Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, and papers of any public utility for the purposes of determining their correctness and whether they are being kept in accordance with the rules and system prescribed by the commission.
History: (1) thru (4)En. Sec. 7, Ch. 52, L. 1913; re-en. Sec. 3885, R.C.M. 1921; re-en. Sec. 3885, R.C.M. 1935; Sec. 70-107, R.C.M. 1947; (5)En. Sec. 7, Ch. 52, L. 1913; re-en. Sec. 3887, R.C.M. 1921; re-en. Sec. 3887, R.C.M. 1935; Sec. 70-109, R.C.M. 1947; R.C.M. 1947, 70-107, 70-109.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-203. Annual report to commission

69-3-203. Annual report to commission.
(1) The accounts of all public utilities must be closed annually on either June 30 or December 31. A balance sheet must be taken promptly from the accounts, and a full annual report of the business of the utility must be made to the commission not later than October 31 if the accounts are closed on June 30 and not later than April 30 if the accounts are closed on December 31.
(2) The reports must be in the form prescribed by the commission and must contain all the information that the commission considers necessary for the proper performance of its duties. The commission may at any time request information omitted from the reports or not provided for in the reports whenever, in the judgment of the commission, the information is necessary.
History: En. Sec. 7, Ch. 52, L. 1913; amd. Sec. 1, Ch. 186, L. 1919; re-en. Sec. 3886, R.C.M. 1921; amd. Sec. 1, Ch. 172, L. 1929; re-en. Sec. 3886, R.C.M. 1935; amd. Sec. 1, Ch. 160, L. 1945; amd. Sec. 1, Ch. 24, L. 1947; R.C.M. 1947, 70-108; amd. Sec. 1, Ch. 82, L. 1995.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-204. Fees to be charged by commission

69-3-204. Fees to be charged by commission.
(1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, schedules, and supplements not provided by law to be furnished free of charge.
(2) The commission shall require and receive an additional sum to be set by the commission to pay the cost of publishing notice as required by this chapter.
(3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, schedules, and supplements of these which relate solely to interstate commerce.
History: En. Sec. 1, Ch. 100, L. 1935; re-en. Sec. 3847.26, R.C.M. 1935; amd. Sec. 1, Ch. 73, L. 1947; amd. Sec. 1, Ch. 67, L. 1971; amd. Sec. 4, Ch. 315, L. 1974; amd. Sec. 5, Ch. 472, L. 1977; R.C.M. 1947, 8-126(part); amd. Sec. 6, Ch. 43, L. 1979; amd. Sec. 1, Ch. 500, L. 1979; amd. Sec. 6, Ch. 588, L. 1983.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-205. Verification of reports and other papers

69-3-205. Verification of reports and other papers.
Every annual report, record, or statement required by this chapter to be made to the commission shall be sworn to by the proper officer, agent, or person in charge of such public utility. Any intentionally false oath as to the correctness of such report, record, or statement shall be deemed perjury, and the person making such false oath shall upon conviction be punished as in the case of other perjuries.
History: En. Sec. 29, Ch. 52, L. 1913; re-en. Sec. 3909, R.C.M. 1921; re-en. Sec. 3909, R.C.M. 1935; R.C.M. 1947, 70-131.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-206. Penalty for failure to make reports or permit examinations

69-3-206. Penalty for failure to make reports or permit examinations.
(1) Any officer, agent, or person in charge of the books, accounts, records, and papers or any of them of any public utility who shall refuse or fail for a period of 30 days to furnish the commission with any report required by the provisions of this chapter and any officer, agent, or person in charge of any particular books, accounts, records, or papers relating to the business of such public utility who shall refuse to permit any commissioner or other person duly authorized by the commission to inspect such books, accounts, records, or papers on behalf of the commission shall be subject to a fine of not less than $100 or more than $1,000.
(2) Such fine shall be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction. Each day's refusal or failure on the part of such officer, agent, or person in charge shall be deemed a separate offense and be subject to the penalty herein prescribed.
History: En. Sec. 8, Ch. 52, L. 1913; re-en. Sec. 3888, R.C.M. 1921; re-en. Sec. 3888, R.C.M. 1935; amd. Sec. 1, Ch. 248, L. 1969; R.C.M. 1947, 70-110(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-207. Penalty for violation of natural gas pipeline safety provisions and regulations

69-3-207. Penalty for violation of natural gas pipeline safety provisions and regulations.
(1) A person violating any safety regulation or provision adopted under the Natural Gas Pipeline Safety Act of 1968, as amended, that applies to areas the commission has authority to enforce is subject to a fine not to exceed $239,142 for each violation for each day. Each day in which a violation of a safety regulation or provision continues is considered a separate offense and is subject to the penalty prescribed in this subsection, except that the maximum fine may not exceed $2,391,412 for any related series of violations.
(2) In determining the amount of the penalty, the following must be considered: the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability; any history of prior violations; the effect on ability to continue to do business; any good faith in attempting to achieve compliance; ability to pay the penalty; and other matters as justice may require.
(3) The fine must be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.
(4) The commission may prescribe rules necessary to effectively administer this section.
History: En. Sec. 8, Ch. 52, L. 1913; re-en. Sec. 3888, R.C.M. 1921; re-en. Sec. 3888, R.C.M. 1935; amd. Sec. 1, Ch. 248, L. 1969; R.C.M. 1947, 70-110(part); amd. Sec. 1, Ch. 170, L. 1985; amd. Sec. 1, Ch. 189, L. 1993; amd. Sec. 1, Ch. 124, L. 2005; amd. Sec. 1, Ch. 421, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-208. Effect of failure by utility to cooperate with commission

69-3-208. Effect of failure by utility to cooperate with commission.
An officer, agent, or employee of any public utility is subject to the penalty prescribed in 69-3-206 whenever the officer, agent, or employee:
(1) willfully fails or refuses to fill out and return any blanks as required by this chapter;
(2) willfully fails or refuses to answer any questions contained in blanks as provided in this chapter;
(3) knowingly or willfully gives a false answer to any questions or evades the answer to the questions, where the fact inquired of is within the officer's, agent's, or employee's knowledge; or
(4) upon proper demand, willfully fails or refuses to exhibit to any commission or any commissioners or any person also authorized to examine the same, any book, paper, or account of the public utility that is in the officer's, agent's, or employee's possession or under the officer's, agent's, or employee's control.
History: En. Sec. 23, Ch. 52, L. 1913; re-en. Sec. 3903, R.C.M. 1921; re-en. Sec. 3903, R.C.M. 1935; R.C.M. 1947, 70-125; amd. Sec. 1989, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-209. Violations of public utility laws or orders

69-3-209. Violations of public utility laws or orders.
If any public utility violates any provision of this chapter, does any act herein prohibited, or fails or refuses to perform any duty enjoined upon it, fails to place in operation any rate or joint rate, or fails, neglects, or refuses to obey any lawful requirement or order made by the commission or any court, then for every such violation, failure, or refusal the public utility is subject to the penalty prescribed by 69-3-206.
History: En. Sec. 28, Ch. 52, L. 1913; re-en. Sec. 3908, R.C.M. 1921; re-en. Sec. 3908, R.C.M. 1935; R.C.M. 1947, 70-130; amd. Sec. 7, Ch. 43, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 2. Requirements for Public Utilities › 69-3-221. Public utility errors in billing customers

69-3-221. Public utility errors in billing customers.
(1) For the purposes of this section:
(a) "public utility" does not include a municipal utility as defined in chapter 7 of this title;
(b) a "customer billing error":
(i) includes any bill issued by the utility that is not designated as an estimated bill and that understates the amount owed by the customer;
(ii) includes a utility's failure to bill a customer for service provided that would be billed to the customer under the utility's normal billing practices;
(iii) excludes errors that result from the theft of service by the customer;
(iv) excludes errors involving a utility's industrial class customers; and
(v) excludes errors incurred in the billing of long-distance services by a telecommunications utility.
(2) Whenever a public utility discovers a customer billing error, the utility may submit a bill to the customer for a period not to exceed the 6 months preceding the date the billing error is discovered.
(3) The commission may adopt rules to implement subsections (1) and (2).
History: En. Secs. 1, 2, Ch. 587, L. 1985.