reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-526. Civil penalty -- mediation -- contested case hearing -- procedures

69-4-526. Civil penalty -- mediation -- contested case hearing -- procedures.
(1) An excavator or underground facility owner who receives a civil penalty in accordance with 69-4-524 or 69-4-525 may request a review of the penalty in accordance with this section.
(2) (a) If an excavator or underground facility owner disputes a civil penalty, prior to a contested case the department, in consultation with the advisory council, shall conduct mediation of the disputed penalty in accordance with rules established by the department.
(b) The request must be filed within 20 days after the department issues a civil penalty.
(3) (a) If mediation in accordance with subsection (2) does not resolve the dispute, the request must proceed through the contested case process before the department pursuant to the Montana Administrative Procedure Act.
(b) The request must be filed within 20 days after the mediation report is mailed by the department.
(c) The department shall issue a final decision within 90 days from the close of the contested case.
(4) The department shall issue determinations in writing and provide a copy to all parties named in the dispute.
History: En. Sec. 7, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-527. Underground facility protection account -- statutory appropriation

69-4-527. Underground facility protection account -- statutory appropriation.
(1) There is an underground facility protection account in the state special revenue fund. The account is statutorily appropriated, as provided in 17-7-502, to the department.
(2) There must be deposited in the account all revenue from:
(a) civil penalties collected pursuant to 69-4-524 and 69-4-525;
(b) fines collected pursuant to 69-4-529 or 69-4-530;
(c) fees collected pursuant to 69-4-502(4); and
(d) any gifts, grants, donations, or bequests to the department.
(3) Funds are allocated as follows:
(a) fees collected pursuant to 69-4-502(4) and paid by underground facility owners and any gifts, grants, donations, or bequests must be deposited in an account for the administration of this part by the department in accordance with this part; and
(b) all revenue from civil penalties collected pursuant to 69-4-524 and 69-4-525 and fines collected pursuant to 69-4-529 or 69-4-530 must be deposited in an account for distribution in the form of grants to notification centers to be used in accordance with 69-4-528.
(4) The accounts established in subsection (3) retain interest earned from the investment of money in the accounts.
History: En. Sec. 8, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-528. Notification center grants

69-4-528. Notification center grants.
(1) The department, in consultation with the council, shall award grants annually to notification centers using the account established pursuant to 69-4-527(3)(b). Beginning January 1, 2018, grants must be awarded to notification centers in accordance with this section and rules adopted by the department in accordance with 69-4-522.
(2) Grants must be awarded to notification centers to fund training and educational programs and materials for excavators, underground facility owners, and the general public.
(3) Nothing in this section prevents a notification center from:
(a) transferring grant money received to another entity for nonprofit underground facility education programs; or
(b) collaborating with another notification center on a joint grant application.
History: En. Sec. 9, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-529. Incident reports -- notification of damage -- fines

69-4-529. Incident reports -- notification of damage -- fines.
(1) (a) Within 30 days of an incident, an underground facility owner who owns an underground facility that is damaged shall:
(i) report the incident to the appropriate notification center; and
(ii) notify the excavator involved in the incident that the incident has been reported in accordance with subsection (1)(a)(i).
(b) A notification center that receives a report in accordance with subsection (1)(a) shall notify the department.
(2) When the information is available, the incident report must include:
(a) the name, address, and telephone number of the excavator responsible for the incident or the underground facility owner responsible for the damage;
(b) a description of the damage to the underground facility;
(c) a description of the incident, including whether it resulted in real or personal property damage, personal injury, or death;
(d) the name, address, and telephone number of any third party involved in the incident; and
(e) a description of any damage incurred by the excavator, including personal injury or death.
(3) After an incident is reported in accordance with subsection (1) and if the underground facility that is damaged is not a jurisdictional pipeline, if an underground facility owner determines that a civil penalty is not required, the underground facility owner shall provide notice of the determination to the department within 30 days of the date that the incident report was filed.
(4) (a) Except as provided in subsection (4)(b), the incident report must be available for public inquiry.
(b) The department may not make public any personal information protected by an individual privacy interest.
(5) If an underground facility owner fails to file an incident report in accordance with this section, the department shall assess a $100 fine.
(6) If an underground facility owner determines that damage to an underground facility that is not a jurisdictional pipeline is an event and not an incident, reporting and notification in accordance with subsection (1) is not required.
(7) An underground facility owner who receives a fine may contest the fine by requesting, within 20 days of the fine being levied, a hearing from the department.
(8) Beginning July 1, 2017, the department shall maintain a database of incident reports. Incident reports must be maintained for a minimum of 5 years.
History: En. Sec. 10, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 5. Excavations Near Underground Facilities › 69-4-530. Collection of penalties, fines, and fees

69-4-530. Collection of penalties, fines, and fees.
(1) If the department is unable to collect civil penalties, fees, or fines assessed pursuant to this part, the department may transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.
(2) (a) The assistance costs charged the department by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.
(b) All money collected by the department of revenue is subject to the provisions of 17-4-106.
History: En. Sec. 11, Ch. 326, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 6. Movement of Structures › 69-4-601. Movement of structures and interference with wires -- notice required

69-4-601. Movement of structures and interference with wires -- notice required.
No person, firm, or corporation moving, hauling, or transporting any house, building, derrick, or other structure shall cut, move, raise, or in any manner interfere with an electric light or electric power wire or poles or with telephone or telegraph wires, cables, messenger wires, guy wires, or poles without giving notice to the owner or agent of said wires or poles, as hereinafter provided.
History: En. Sec. 1, Ch. 55, L. 1929; re-en. Sec. 2711.1, R.C.M. 1935; amd. Sec. 1, Ch. 174, L. 1937; amd. Sec. 14, Ch. 137, L. 1941; R.C.M. 1947, 24-136.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 6. Movement of Structures › 69-4-602. Notice of move -- cost estimate

69-4-602. Notice of move -- cost estimate.
(1) The person, firm, or corporation moving a house, building, derrick, or other structure shall give the person, firm, or corporation owning or controlling the wires, cables, or poles affected by the movement of a structure, at both the person's, firm's, or corporation's principal office and nearest office within the state, not less than 10 days' written notice of the proposed time and place of moving a structure.
(2) The owner of the wires, cables, or poles shall give the mover a written estimate of the total cost of all work related to cutting or raising the wires or cables or moving the poles, including travel time, at least 3 days prior to the move or within 10 days after receipt of the written notice of the move, whichever time comes sooner.
(3) The estimate of the total cost required under this section must be developed in accordance with the cost schedule filed as provided in subsection (4).
(4) A public utility, cable television company, or unregulated telecommunications provider with wires, cables, or poles in Montana shall file with the commission, by April 1 of each year, an application for approval of a cost schedule for labor and equipment for all work related to cutting or raising wires or cables or moving poles. The cost schedule is effective on a temporary basis, subject to a rebate and a surcharge as provided in 69-3-304, 30 days after the filing of a cost schedule and pending a final order of the commission, unless the commission first determines that the cost schedule is above cost.
History: En. Sec. 2, Ch. 55, L. 1929; re-en. Sec. 2711.2, R.C.M. 1935; R.C.M. 1947, 24-137; amd. Sec. 1, Ch. 442, L. 1983; amd. Sec. 1, Ch. 359, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 6. Movement of Structures › 69-4-603. Procedure to accomplish move -- payment of cost

69-4-603. Procedure to accomplish move -- payment of cost.
(1) In order to accomplish moving a house, building, derrick, or other structure through an area in which wires, cables, or poles impede the movement, the person, firm, or corporation who owns or controls the wires, cables, or poles and who has received the notice required by 69-4-602 shall furnish competent workers to raise or cut the wires or cables or move the poles as necessary to facilitate moving the house, building, derrick, or other structure.
(2) (a) Except as provided in subsection (2)(b), the necessary and actual costs of raising or cutting wires or cables or moving poles to facilitate the movement of a house, building, derrick, other structure, or prefabricated structure that is intended to be moved from the place of fabrication, storage facility, or dealer's lot, determined in accordance with the schedule filed under 69-4-602, must be paid by the mover.
(b) The necessary and actual costs of raising or cutting wires or cables or moving poles to facilitate the movement of a structure, determined in accordance with the schedule filed under 69-4-602, must be shared equally by the mover and the owner of the wires, cables, or poles if the structure is owned by a person for occupancy or use by that person.
(3) A mover may not raise, cut, or in any way interfere with wires, cables, or poles unless the person, firm, or corporation who owns or controls the wires, cables, or poles refuses, after having been notified as required by 69-4-602, to raise or cut the wires or cables or move the poles.
(4) The mover shall make a prepayment of a portion of the total cost estimated under 69-4-602 in advance of the move as follows:
(a) if the structure is moved through or out of the service territory of the owner of the wires, cables, or poles, 100% of the mover's share pursuant to subsection (2); or
(b) if the structure is delivered to a place within the service territory of the owner of the wires, cables, or poles, 50% of the mover's share pursuant to subsection (2).
(5) The owner of the wires, cables, or poles may waive the prepayment requirement or accept a bond or other financial instrument in lieu of payment.
(6) The mover shall pay the mover's share of all actual costs under subsection (2) in excess of any prepayment made under subsection (4) within 30 days of the move.
(7) If the prepayment made under subsection (4) exceeds the mover's share of actual costs under subsection (2), the owner of the wires, cables, or poles shall refund the difference to the mover within 30 days of the move.
History: En. Sec. 3, Ch. 55, L. 1929; re-en. Sec. 2711.3, R.C.M. 1935; amd. Sec. 1, Ch. 55, L. 1951; R.C.M. 1947, 24-138; amd. Sec. 2, Ch. 442, L. 1983; amd. Sec. 1, Ch. 551, L. 1995; amd. Sec. 2, Ch. 359, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 6. Movement of Structures › 69-4-604. Unlawful interference with lines

69-4-604. Unlawful interference with lines.
It shall be unlawful for any person, firm, or corporation engaged as principal or employee in moving any house, building, derrick, or other structure, as provided in this part, to move, touch, cut, molest, or in any way interfere with any electric light, electric power, telephone, or telegraph wires, cables, messenger wires, or guy wires or any poles bearing any such wires, except in compliance with the provisions of this part.
History: En. Sec. 4, Ch. 55, L. 1929; re-en. Sec. 2711.4, R.C.M. 1935; amd. Sec. 2, Ch. 174, L. 1937; amd. Sec. 15, Ch. 137, L. 1941; R.C.M. 1947, 24-139.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 10. Requirements for Use of Advanced Metering Devices › 69-4-1001. Definitions

69-4-1001. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Advanced metering gateway device" means any electric utility meter component or device ancillary to the electric utility meter that is located at an end-user's residence or business and is equipped and programmed to communicate with electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business or that is capable of estimating and recording electrical energy usage by types of appliances, electrical equipment, or electrical devices.
(2) "Advanced metering device" or "advanced meter" means a meter or metering device that is owned or leased by a utility or the utility's agent and that:
(a) measures, records, or sends a customer's utility usage or other data by use of radio waves or internet technology; and
(b) allows for two-way communication between the meter and the utility or its agent.
(3) "Utility" means a public utility regulated by the public service commission pursuant to Title 69, chapter 3.
History: En. Sec. 1, Ch. 179, L. 2019; amd. Sec. 2, Ch. 546, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 10. Requirements for Use of Advanced Metering Devices › 69-4-1002. Meter security -- data disclosure

69-4-1002. Meter security -- data disclosure.
(1) Except as provided in subsections (3) and (4), a customer's energy use data is private and confidential and may not be disclosed by a utility, except as specifically required in subsection (3) or (4) or otherwise provided by law.
(2) Energy use data from an advanced metering device must be sufficiently secured so that the data cannot be intercepted by a person other than a utility.
(3) A utility may disclose aggregated energy use data that is anonymous.
(4) A utility shall make energy use data collected from an advanced metering device available to a customer or to a customer's designee upon request of the customer.
History: En. Sec. 2, Ch. 179, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 10. Requirements for Use of Advanced Metering Devices › 69-4-1003. Advanced metering devices -- notice required

69-4-1003. Advanced metering devices -- notice required.
(1) A utility shall:
(a) notify a customer in writing at least 60 days prior to installation of an advanced metering device at the customer's address; and
(b) provide a sample copy of the notice to the public service commission and a list of customers who have been provided notice.
(2) The notice provided in accordance with subsection (1) must:
(a) be sent by first-class mail to a customer's address and be separate from any billing mailing;
(b) clearly state the utility's intent to install an advanced metering device; and
(c) if determined to be a requirement by the public service commission, include the process and financial obligations for a customer to opt out of installation of an advanced metering device.
History: En. Sec. 3, Ch. 179, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 10. Requirements for Use of Advanced Metering Devices › 69-4-1004. Opt-out program-- public service commission responsibilities -- rulemaking

69-4-1004. Opt-out program-- public service commission responsibilities -- rulemaking.
(1) On or before July 1, 2022, the public service commission shall determine whether an opt-out program for advanced meters or advanced metering gateway devices, or both, should be established.
(2) In determining whether to establish an opt-out program, the commission shall consider:
(a) an individual customer's privacy interest;
(b) costs and practicality of allowing customers to opt out;
(c) availability of other technology; and
(d) other concerns related to advanced metering devices and advanced metering gateway devices.
(3) If the commission determines an opt-out program should be established, the commission shall adopt rules providing options and requirements for individual customers to opt out of advanced metering device or advanced metering gateway device installation.
History: En. Sec. 4, Ch. 179, L. 2019; amd. Sec. 3, Ch. 546, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 10. Requirements for Use of Advanced Metering Devices › 69-4-1005. Advanced metering gateway device opt-in provisions -- rulemaking

69-4-1005. Advanced metering gateway device opt-in provisions -- rulemaking.
(1) A utility may allow customers to opt-in to the installation of all advanced metering gateway devices located at an end user's residence or business.
(2) A utility may charge customers who opt in to advanced metering gateway device installation additional fees or charges related to the installation.
(3) If the commission determines an opt in program should be established, the commission shall adopt rules providing options, requirements, and a process for determination of fees or charges for individual customers to opt in to advanced metering gateway device installation.
(4) Utilities seeking to allow an advanced metering gateway device opt-in program shall file a report detailing the program requirements and process for determining fees or charges with the commission along with a $25 filing fee.
History: En. Sec. 1, Ch. 546, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 11. Liability for Bypassing or Tampering With Meter › 69-4-1101. Purpose -- remedies cumulative

69-4-1101. Purpose -- remedies cumulative.
It is the purpose of this part to impose a substantial civil penalty upon those persons who, at the cost of their fellow citizens, obtain utility services at less than their true value through bypassing or tampering as defined in 69-4-1102. This part does not supersede or replace other remedies provided for in law or equity.
History: En. Sec. 1, Ch. 678, L. 1985.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 11. Liability for Bypassing or Tampering With Meter › 69-4-1102. Definitions

69-4-1102. Definitions.
As used in this part, unless the context otherwise requires, the following definitions apply:
(1) "Bypassing" means any act, using any means, the purpose of which is to obtain utility service without having such service pass through the authorized meter provided for measuring or registering such service.
(2) "Person" means an individual, firm, partnership, corporation, unincorporated association, or other legal or business entity or the executor, administrator, trustee, receiver, assignee, or personal representative thereof.
(3) "Tampering" means damaging, altering, adjusting, or in any manner interfering with or obstructing the operation or function of any authorized metering device provided for measuring or registering utility service.
(4) "Utility" means any public utility, municipally owned utility, or cooperative utility that provides electricity, gas, water, sewage disposal, or combination thereof, for sale to consumers.
(5) "Utility service" means the provision of electricity, gas, water, or sewer service.
History: En. Sec. 2, Ch. 678, L. 1985.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 11. Liability for Bypassing or Tampering With Meter › 69-4-1103. Liability for bypass or tampering

69-4-1103. Liability for bypass or tampering.
(1) A person who bypasses or tampers, either for the person's own benefit or the benefit of another, is liable to the affected utility as provided in 69-4-1104 for services actually provided by the utility. Collection under subsection (2) precludes collection under this subsection.
(2) A person who receives utility services, knowing that the measurement of the services is being affected by bypassing or tampering, is liable to the affected utility as provided in 69-4-1104 for services actually provided by the utility. Collection under subsection (1) precludes collection under this subsection.
History: En. Sec. 3, Ch. 678, L. 1985; amd. Sec. 1996, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 4. Utility Lines and Facilities › Part 11. Liability for Bypassing or Tampering With Meter › 69-4-1104. Action for recovery of reasonable value -- penalty

69-4-1104. Action for recovery of reasonable value -- penalty.
A utility may institute a civil action against a person described in 69-4-1103 to recover the reasonable value of the services actually provided to the person. Upon a finding that such person is liable to the utility, the court may enter judgment against the person for up to three times the reasonable value of the utility's services actually provided and may award to the prevailing party its costs, including reasonable attorney fees, incurred in the action and the costs, including expert witness fees, of presenting such expert testimony as is reasonably necessary.
History: En. Sec. 4, Ch. 678, L. 1985.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-101. Short title

69-5-101. Short title.
This part is known and may be cited as the "Territorial Integrity Act".
History: En. Sec. 1, Ch. 7, L. 1971; R.C.M. 1947, 70-501; amd. Sec. 34, Ch. 505, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-103. Repealed

69-5-103. Repealed.
Sec. 46, Ch. 505, L. 1997.
History: En. Sec. 3, Ch. 7, L. 1971; R.C.M. 1947, 70-503(part).
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-104. Supply service prohibited -- continuation of electric service facilities to existing consumers

69-5-104. Supply service prohibited -- continuation of electric service facilities to existing consumers.
(1) Except as provided in subsection (2), a utility may not provide electricity supply service to premises in another utility's service territory. An electricity supplier may provide electricity supply service in the service territory of a public utility as provided in 69-8-411.
(2) Each electric facilities provider has the right to provide electric service facilities to all premises being served by it or to which any of its facilities are attached on May 2, 1997.
History: En. Sec. 3, Ch. 7, L. 1971; R.C.M. 1947, 70-503(1); amd. Sec. 36, Ch. 505, L. 1997; amd. Sec. 34, Ch. 19, L. 2011; (1)En. Sec. 1, Ch. 120, L. 2011.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-105. Service to new consumers

69-5-105. Service to new consumers.
(1) Except as provided in 69-5-106 and 69-5-113, the electric facilities provider that has a line nearest the premises and that has the capacity to serve the premises, as measured in accordance with subsection (2), shall provide electric service facilities to the premises initially requiring service after May 2, 1997.
(2) All measurements under this part must be made on the shortest vector that can be drawn from the line nearest the premises to the nearest permanent portion of the premises.
History: En. Sec. 3, Ch. 7, L. 1971; R.C.M. 1947, 70-503(2); amd. Sec. 37, Ch. 505, L. 1997; amd. Sec. 2, Ch. 231, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-106. Electric service facilities to large customers

69-5-106. Electric service facilities to large customers.
A regulated utility electric facilities provider has the right to furnish electric service facilities to the premises of a large customer if the regulated utility electric facilities provider can extend its electric service facilities to the premises of a large customer at less cost than other electric facilities providers. The estimated connected load must be determined from the plans and specifications prepared for construction of the premises or, if an estimate is not available, must be determined by mutual agreement of the electric facilities provider and the large customer.
History: En. Sec. 3, Ch. 7, L. 1971; R.C.M. 1947, 70-503(3); amd. Sec. 12, Ch. 43, L. 1979; amd. Sec. 38, Ch. 505, L. 1997; amd. Sec. 3, Ch. 231, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-107. Customer-owned facilities

69-5-107. Customer-owned facilities.
This part may not limit a customer's right to construct, own, or operate electric service facilities for the customer's own use, and construction, ownership, or use may not cause the customer to be considered a utility. A customer may not duplicate existing electric service facilities.
History: En. Sec. 3, Ch. 7, L. 1971; R.C.M. 1947, 70-503(4); amd. Sec. 39, Ch. 505, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-108. Agreements between electric facilities providers

69-5-108. Agreements between electric facilities providers.
Utilities may enter into agreements that identify the geographical area to be exclusively served by each electric facilities provider that is party to the agreement, overriding the provisions of 69-5-105 and 69-5-107. If an agreement is approved by the commission pursuant to this part, the agreement is valid and binding on all electric facilities providers and all customers, except those provided for in 69-5-106.
History: En. Sec. 4, Ch. 7, L. 1971; R.C.M. 1947, 70-504; amd. Sec. 1, Ch. 167, L. 1995; amd. Sec. 40, Ch. 505, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-109. Special provisions for annexed areas

69-5-109. Special provisions for annexed areas.
(1) Electric facilities providers providing electric service facilities in or near areas that are incorporated municipalities having a population in excess of 3,500 persons and having annexed areas since 1985 or having existing municipal planning zones on May 2, 1997, shall enter into agreements dividing the annexed and planning zone areas into exclusive service territories and shall submit the agreements to the commission for approval, pursuant to this part.
(2) The agreements do not apply to electric service facilities with loads of 400 kilowatts or greater. Agreements must be based on the location of facilities in place on May 2, 1997.
(3) If electric facilities providers have failed to negotiate agreements within 1 year from May 2, 1997, the commission shall divide the annexed and planning zone areas into exclusive service territories, using the considerations pursuant to 69-5-112.
(4) Until agreements are final, electric service facilities to new customers will be provided pursuant to 69-5-105.
History: En. Sec. 5, Ch. 7, L. 1971; R.C.M. 1947, 70-505; amd. Sec. 13, Ch. 43, L. 1979; amd. Sec. 41, Ch. 505, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-110. Jurisdiction of district courts over disputes

69-5-110. Jurisdiction of district courts over disputes.
The district courts of the county or counties within which the premises, vectors, or lines involved in any dispute are located have jurisdiction under this part over all electric facilities providers subject to this part.
History: En. Sec. 6, Ch. 7, L. 1971; R.C.M. 1947, 70-506; amd. Sec. 42, Ch. 505, L. 1997; amd. Sec. 4, Ch. 231, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-111. Judicial remedies

69-5-111. Judicial remedies.
(1) Whenever an electric facilities provider is failing or omitting or about to fail or omit to do anything required of it by this part or is doing or is about to do anything or to permit anything to be done contrary to or in violation of this part, the electric facilities provider affected may file a complaint in the district court setting forth the acts or omissions complained of and requesting an injunction.
(2) If an affidavit showing that grounds exist that an electric facilities provider is in violation of this part is filed with the complaint, a temporary restraining order must be issued without notice. A copy of the temporary restraining order, complaint, and affidavit must be served upon the defendant, together with an order to show cause why the temporary restraining order should not be made permanent, within 5 days after issuance of the temporary restraining order. The hearing on the order to show cause must be held at a date specified in the order and may not be more than 10 days after service of the order and must take precedence over all matters pending before the district court. A judgment making the injunction permanent or dissolving the temporary restraining order that was issued and dismissing the complaint must be made before 10 days after the hearing on the order to show cause.
(3) Any party aggrieved by the order may appeal to the supreme court of Montana by filing a notice of appeal in the district court within 20 days from entry of the order. The appeal must be perfected within 20 days after filing the notice of appeal and must take precedence over all matters pending before the supreme court of Montana.
History: En. Sec. 7, Ch. 7, L. 1971; R.C.M. 1947, 70-507; amd. Sec. 43, Ch. 505, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-112. Commission jurisdiction over agreements

69-5-112. Commission jurisdiction over agreements.
(1) All agreements between electric facilities providers must be submitted to the commission for approval. Each agreement must clearly identify the geographical area to be served by each electric facilities provider. The submission must include:
(a) a map and a written description of the area; and
(b) the terms and conditions pertaining to the implementation of the agreement.
(2) Whenever an agreement involves the exchange or transfer of customers within service territories, the following must also be included with the agreement submission:
(a) the number and class of customers to be transferred;
(b) assurance that the affected customers have been contacted and have received a written explanation of the difference in rates; and
(c) information with respect to the degree of acceptance by affected customers, such as the number in favor of and those opposed to the transfer.
(3) In approving agreements, the commission shall consider but is not limited to consideration of:
(a) the reasonable likelihood that the agreement, in and of itself, will not cause a decrease in the reliability of electric service to the existing or future ratepayers of any electric facilities provider party of the agreement; and
(b) the reasonable likelihood that the agreement will eliminate existing or potentially uneconomic duplication of electric service facilities.
(4) An agreement approved by the commission is valid and enforceable, and except as provided in 69-5-106, an electric facilities provider may not offer, construct, or extend electric service facilities into an exclusive territory.
(5) The commission shall state its findings and conclusions for approving or disapproving an agreement and shall render a decision within 90 days of receipt of the agreement. The electric facilities providers submitting the agreement to the commission shall act according to the agreement until a decision is rendered.
(6) Upon approval of the agreement, any modification, changes, or corrections to this agreement must be approved by the commission.
(7) The commission may promulgate rules to administer this part consistent with the requirements of this part.
History: En. Sec. 44, Ch. 505, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-113. Service to new subdivisions

69-5-113. Service to new subdivisions.
(1) Except as provided in 69-5-108, if two or more electric facilities providers have lines in general proximity to a new subdivision, electric service to the new subdivision must be apportioned by drawing a series of vectors through the subdivision equidistant from the lines of each electric facilities provider with that part of the subdivision closest to an electric facilities provider's line receiving service from that electric facilities provider.
(2) Nothing in this section prohibits electric facilities providers from agreeing among themselves on how to provide service to a new subdivision.
History: En. Sec. 5, Ch. 231, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-114. Review by independent consultant

69-5-114. Review by independent consultant.
(1) If electric facilities providers that have provided cost estimates to a new large customer are unable to reach agreement as to which electric facilities provider can provide electric service facilities at the least cost, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine which electric facilities provider can extend its line to the new large customer at the least cost. The cost of those engineering services must be paid equally by the electric facilities providers involved.
(2) If electric facilities providers proposing to provide service to a subdivision do not agree on the location of a vector, as provided in 69-5-113(1), an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine the location of a vector. The cost of those engineering services must be paid equally by the electric facilities providers involved.
(3) If electric facilities providers having lines near the premises of a new consumer do not agree if a line has capacity to serve the premises, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine if a line has capacity to serve the premises. The cost of those engineering services must be paid equally by the electric facilities providers involved.
History: En. Sec. 6, Ch. 231, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-121. Definitions

69-5-121. Definitions.
As used in 69-5-122, 69-5-123, and this section, the following definitions apply:
(1) "Added structure" means any outbuildings, improvements, irrigation pumps, facilities, or other structures located on a small customer's property.
(2) "Commercial structure" means a building used for commercial purposes.
(3) "Contractor" means a person who submits a proposal to construct or enters into a contract to construct an extension and who is licensed, insured, a member of the national electrical contractors association, and experienced in comparable construction.
(4) "Electric utility" means:
(a) a public utility regulated by the public service commission pursuant to Title 69, chapter 3, that provides electrical service for heat, light, or power to a small customer; or
(b) a utility qualifying as a rural electric cooperative pursuant to Title 35, chapter 18, that provides electrical service for heat, light, or power to a small customer.
(5) "Extension" means any works or improvements necessary to connect a residential, commercial, or added structure of a small customer to an electric utility's distribution or transmission system.
(6) "Residential structure" means a single-family house, trailer, manufactured home, or mobile home, excluding any outbuildings, improvements, irrigation pumps, facilities, or other structures located on the property.
(7) "Small customer" means a retail customer that has an individual load with an average monthly demand of less than 5,000 kilowatts.
History: En. Sec. 1, Ch. 248, L. 2011; amd. Sec. 2, Ch. 440, L. 2017; amd. Sec. 1, Ch. 542, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 1. Territorial Integrity for Electric Suppliers › 69-5-122. Residential utility line extension -- refund

69-5-122. Residential utility line extension -- refund.
(1) A small customer of an electric utility as defined in 69-5-121(4)(a) who pays for a portion of the construction of an extension to a residential structure or who advances money to an electric utility as defined in 69-5-121(4)(a) for a subsequent connection to that extension must receive a refund as provided in subsection (2) if an additional customer connects to the extension.
(2) Each additional customer, prior to the initiation of electric service, shall advance to an electric utility as defined in 69-5-121(4)(a) an equal proportionate share of the total amount paid for the extension to a residential structure. The electric utility shall refund the advance on a pro rata basis to the small customer who paid for the initial extension or to the small customer who paid for a subsequent connection to that extension. A refund may not be issued after 10 years from the date the initial extension is established.
(3) A small customer who expends funds for an extension to a residential structure may not receive a refund that is greater than the amount necessary to return the small customer to the small customer's proportionate share of the cost of the original extension.
(4) A small customer may receive a refund pursuant to this section only if:
(a) the small customer paid for the initial extension or subsequent connection to the extension pursuant to subsection (1);
(b) at the time the refund is issued, the small customer owns the residential structure to which the extension or subsequent connection to the extension was made; and
(c) the small customer did not hire a contractor to complete the extension pursuant to 69-5-123.
History: En. Sec. 2, Ch. 248, L. 2011; amd. Sec. 3, Ch. 440, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 2. Right of First Refusal › 69-5-201. Definitions

69-5-201. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Electric transmission line" means a line used to convey electrical energy connected to transmission facilities that is energized at 115 kilovolts or more phase to phase.
(b) The term does not include an electric transmission line used solely to connect an energy generation facility to transmission facilities owned by an incumbent electric utility.
(2) "Federally registered planning authority" means a regional transmission organization responsible for moving electricity, planning for the movement of electricity, or both over large interstate areas registered with the federal energy regulatory commission.
(3) "Incumbent electric utility" means a public utility regulated by the public service commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees, that owned, controlled, or operated transmission facilities on or before January 1, 2017.
(4) "Transmission facilities" means facilities that are used to provide transmission services and are owned, controlled, or operated by an incumbent electric utility.
History: En. Sec. 1, Ch. 161, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 5. Power and Energy Companies › Part 2. Right of First Refusal › 69-5-202. Right of first refusal

69-5-202. Right of first refusal.
(1) (a) Except as provided in subsection (1)(b), an incumbent electric utility has the right to construct, own, and maintain an electric transmission line on or after January 1, 2017:
(i) located in an area included in the midwest reliability organization;
(ii) approved for construction by a federally registered planning authority; and
(iii) planned to interconnect with an incumbent electric utility's transmission facilities.
(b) An incumbent electric utility may waive its right to construct, own, and maintain an electric transmission line by providing notice to the federally registered planning authority.
(2) If an incumbent electric utility intends to construct, own, and maintain an electric transmission line in accordance with subsection (1)(a), the incumbent electric utility shall provide notice to the federally registered planning authority of its intent within 120 days after the federally registered planning authority's approval of the project.
(3) If an electric transmission line constructed, owned, and maintained in accordance with subsection (1)(a) is connected between two separate incumbent electric utilities, the electric transmission line must be shared equally between the incumbent utilities, unless the incumbent utilities agree to different terms and conditions.
(4) Nothing in this section may be construed to limit, alter, or modify the authority of the commission to make findings relative to 69-3-109 and 69-3-201 as they relate to transmission facilities or to regulate utilities subject to Title 69, chapter 3.
History: En. Sec. 2, Ch. 161, L. 2017.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 6. Communication Utilities › Part 1. General Provisions › 69-6-101. Repealed

69-6-101. Repealed.
Sec. 38, Ch. 349, L. 1997.
History: En. Sec. 1001, Civ. C. 1895; re-en. Sec. 4401, Rev. C. 1907; re-en. Sec. 6646, R.C.M. 1921; re-en. Sec. 6646, R.C.M. 1935; R.C.M. 1947, 70-302.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 6. Communication Utilities › Part 1. General Provisions › 69-6-102. Repealed

69-6-102. Repealed.
Sec. 38, Ch. 349, L. 1997.
History: En. Sec. 1002, Civ. C. 1895; re-en. Sec. 4402, Rev. C. 1907; re-en. Sec. 6647, R.C.M. 1921; re-en. Sec. 6647, R.C.M. 1935; R.C.M. 1947, 70-303.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 6. Communication Utilities › Part 1. General Provisions › 69-6-103. Repealed

69-6-103. Repealed.
Sec. 38, Ch. 349, L. 1997.
History: (1)En. Sec. 1, Ch. 182, L. 1907; Sec. 4340, Rev. C. 1907; re-en. Sec. 6579, R.C.M. 1921; re-en. Sec. 6579, R.C.M. 1935; Sec. 72-624, R.C.M. 1947; (2)En. Sec. 2, Ch. 182, L. 1907; Sec. 4341, Rev. C. 1907; re-en. Sec. 6580, R.C.M. 1921; re-en. Sec. 6580, R.C.M. 1935; Sec. 72-625, R.C.M. 1947; (3)En. Sec. 3, Ch. 182, L. 1907; Sec. 4342, Rev. C. 1907; re-en. Sec. 6581, R.C.M. 1921; re-en. Sec. 6581, R.C.M. 1935; Sec. 72-626, R.C.M. 1947; R.C.M. 1947, 72-624, 72-625, 72-626.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 6. Communication Utilities › Part 1. General Provisions › 69-6-104. Control of telephone communications to and from a person holding hostages -- nonliability of telephone company officials

69-6-104. Control of telephone communications to and from a person holding hostages -- nonliability of telephone company officials.
A supervisory law enforcement official who has jurisdiction in a geographical area where hostages are being held and who has probable cause to believe that the holder of the hostages is committing a crime may order a previously designated telephone security employee or other telephone company official to arrange to cut, reroute, or divert telephone lines in order to prevent the holder of the hostages from communicating with any person other than a law enforcement officer or an individual authorized by a law enforcement officer. The serving telephone company within the geographical area of a law enforcement agency shall designate a telephone company security employee or other telephone company official and an alternate to provide all required assistance to law enforcement officials to carry out the purposes of this section. A telephone security employee or other telephone company official acting in good faith under an order given pursuant to this section does not commit the offense of violating privacy in communications and is not liable in any civil action brought as a result of such good faith actions.
History: En. Sec. 2, Ch. 356, L. 1979.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 7. Municipal Utilities › Part 1. Regulation of Rates by Municipality › 69-7-101. Municipal utilities -- regulation by municipality

69-7-101. Municipal utilities -- regulation by municipality.
A municipality has the power and authority to regulate, establish, and change, as it considers proper, rates, charges, and classifications imposed for utility services to its inhabitants and other persons served by municipal utility systems. Rates, charges, and classifications must be reasonable and just.
History: En. Sec. 1, Ch. 607, L. 1981; amd. Secs. 4, 8, Ch. 588, L. 1983; amd. Sec. 1, Ch. 288, L. 1995.