reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.178 - DERIVATION OF INCRRASED RATES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.179 - STATEMENT N - DESCRIPTION OF UTILITY OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) Statement N shall include a description
				of the utility's area and diversity of operations and a breakdown of sales
				between jurisdictional and nonjurisdictional operations.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.180 - WORK PAPERS - PURCHASES FROM AFFILIATED COMPANIES

Current through Register Vol. 13, July 5, 2024
(1) If any of the preceding statements cover
				major purchases or major transfers from an affiliate that is not regulated as
				to price, the applicant shall submit an explanation of the price associated
				with the purchases or transfers.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.181 - DUPLICATION OF TESTIMONY AND REQUIRED INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) To the extent that testimony and exhibits
				required to be filed pursuant to ARM
				38.5.181 duplicate information
				required to be submitted pursuant to ARM
				38.5.101 to
				38.5.180, inclusive, such
				information need only be submitted with the testimony and exhibits pursuant to
				ARM 38.5.181.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.182 - TESTIMONY AND EXHIBITS

Current through Register Vol. 13, July 5, 2024
(1) A utility
				filing for an increase in rates and charges shall be prepared to go forward at
				a hearing on reasonable notice on the data, testimony and exhibits which have
				been submitted pursuant to these rules and sustain the burden of proof of
				establishing that its proposed charges are just and reasonable and not unduly
				discriminatory or preferential or otherwise unlawful. Although ARM
				38.5.121 through
				38.5.180, inclusive, provide for
				an historical test period, the utility, in addition, may submit cost of service
				information for a nonhistorical test period commencing no later than nine
				months after the close of the historical test period contemplated by those
				rules.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.183 - COMMISSION MAY SEEK SPECIFIC COST DATA

Current through Register Vol. 13, July 5, 2024
(1) If a
				rate schedule required to be on file with this Commission is not required to be
				supported by cost of service data as set forth in these rules, but such data
				may be needed for commission analysis, these rules contemplate that each filing
				public utility may be required, by letter from the Commission, to submit
				specified cost data.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.184 - DEFICIENT FILINGS

Current through Register Vol. 13, July 5, 2024
(1) The Commission
				shall, within 30 days of filing by the utility of an application for rate
				increases, notify the utility of any failure of the application to comply with
				requirements of these rules. The notice shall specify the deficiencies and
				grant the utility a reasonable period of time in which to supplement or correct
				the filing. If notice is not given within 30 days of filing, the application
				shall be deemed to comply with these rules. The date of the initial filing
				shall be preserved unless the utility fails to comply with any notice of
				deficiency or the initial filing patently fails to substantially comply with
				these rules. No filing shall be deemed to have patently failed to substantially
				comply with these rules if the Commission can reasonably judge the merits of
				the application. If the filing utility fails or refuses to provide information
				with respect to an expense, revenue, plant or other account item, but otherwise
				meets its burden of proof, the Commission may adjust the utility's revenue
				requirement to reflect the failure to meet the burden of proof as to the
				specific item.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.194 - APPLICATION FOR ALLOCATED COST OF SERVICE AND RATE DESIGN CHANGES

Current through Register Vol. 13, July 5, 2024
(1) Applications for allocated cost of
				service and rate design changes shall include the material required in ARM
				38.5.103,
				38.5.104,
				38.5.109,
				38.5.176 and
				38.5.177, minimally.
(2) Each allocated cost of service and rate
				design application shall include an example and general explanation of each
				current bill format that is used by the utility for tariffed services. Copies
				of other billing information that are provided to large groups of customers
				should also be provided and briefly explained. Additional information may be
				provided at the discretion of the filing utility.
(3) Absent regular allocated cost of service
				and rate design filings, a marginal cost of service study shall be submitted to
				the commission for information purposes, minimally, every two years. If the
				utility files an integrated resource plan with the commission, cost information
				shall be submitted within six months following such filing, unless the cost
				information has been presented within the previous two years. At the time a
				marginal cost of service study is filed, the utility, at its own option, may
				submit an embedded cost of service study.
(4) A marginal cost of service study filed
				pursuant to this rule or in the context of a rate case must contain current
				allocation factors.
(5) Three
				copies of the letter of transmittal and three copies of all material required
				in ARM 38.5.176, 38.5.177 and 38.5.109 shall be filed with the commission at
				the time of application. Montana consumer counsel shall receive two copies of
				the same materials.
(6) All or any
				part of the requirements of these rules may be waived by the commission upon a
				showing of good cause. Waiver of any requirements, however, shall not preclude
				the commission from requiring the filing of specific cost data and material
				sufficient to support the application.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.1 - Minimum Rate Case Filing Standards for Electric, Gas, and Private Water Utilities › Rule 38.5.195 - POST-FILING CONFERENCE FOR ALLOCATED COST OF SERVICE AND RATE DESIGN APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Within 20 days
				after receipt of an application for allocated cost of service and rate design
				changes, the commission may, on its own motion or upon petition by any party,
				request the utility and all other interested parties to attend a conference for
				the purpose of identifying and clarifying potential issues associated with said
				application. Such conference shall be informal and without prejudice to the
				rights of the parties, and no statement or admission made at such conference
				shall be admissible in evidence in any formal hearing before the
				commission.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.2 - Compensation for Consumer Intervenors in the Public Utility Regulatory Policies Act (PURPA) -Related Proceedings › Rule 38.5.201 - PRELIMINARY DETERMINATION OF ELIGIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-303
					 and
					 69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.2 - Compensation for Consumer Intervenors in the Public Utility Regulatory Policies Act (PURPA) -Related Proceedings › Rule 38.5.202 - AWARD OF COSTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-303
					 and
					 69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.2 - Compensation for Consumer Intervenors in the Public Utility Regulatory Policies Act (PURPA) -Related Proceedings › Rule 38.5.203 - PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-303
					 and
					 69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.2 - Compensation for Consumer Intervenors in the Public Utility Regulatory Policies Act (PURPA) -Related Proceedings › Rule 38.5.204 - ACCOUNTING TREATMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-303
					 and
					 69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.301 - APPLICATIONS FOR RATE INCREASES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.302 - TWO TYPES OF FILINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.303 - LETTER OF TRANSMITTAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.304 - UTILITY-RELATED ORDINANCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.305 - PETITION AND PROPOSED TARIFFS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.306 - RESOLUTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.307 - NARRATIVE, COMPARISON OF RATES, NUMBER OF CUSTOMERS AFFECTED, AND ANTICIPATED ADDITIONAL REVENUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 39-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.308 - COMPARISON OF REVENUES AND EXPENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.309 - SCHEDULES OF REVENUES BY CLASS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.310 - SCHEDULES OF NUMBERS OF CUSTOMERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.311 - WATER STATISTICS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.312 - ATTESTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.3 - Minimum Rate Case Filing Standards for Municipal Water and Sewer Utilities › Rule 38.5.313 - WORKING PAPERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-103,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.4 - Radio Common Carriers › Rule 38.5.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this subchapter "radio
				common carrier" means: any party providing or reselling communication services
				furnished through a general mobile radio base station, or a central office
				radio base station, between a radio subscriber station and a wire telephone,
				between a radio subscriber station and a mobile radio unit, or between two
				radio subscriber stations, where a radio subscriber station is a fixed radio
				telephone, which has been licensed by the federal communications commission,
				used by a subscriber for communications.
69-3-103(2),
					 MCA; IMP,
					 69-3-103(2),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.4 - Radio Common Carriers › Rule 38.5.402 - PROCEDURE GOVERNED

Current through Register Vol. 13, July 5, 2024
(1) These rules (as
				well as the commission's procedural rules ARM Title 38, chapter 2) govern
				practice and procedure in rate cases involving radio common carriers before the
				public service commission of the state of Montana, in accordance with
				applicable laws of the state of Montana.
69-3-103(2),
					 MCA; IMP,
					 69-3-103(2),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.4 - Radio Common Carriers › Rule 38.5.403 - LETTER OF TRANSMITTAL

Current through Register Vol. 13, July 5, 2024
(1) The letter of a
				radio common carrier transmitting a proposed new rate schedule to the
				commission shall:
(a) include a brief
				description of the proposed changes in service, rate, or charge; and
(b) name an employee of the carrier who shall
				be responsible for answering questions concerning the application.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.4 - Radio Common Carriers › Rule 38.5.404 - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of a properly completed
				application to alter the provisions of an existing rate schedule and letter of
				transmittal, the commission will publish this information in a notice of
				opportunity for public hearing.
(2)
				This notice shall also contain the following language: As the commission
				believes that competitive conditions prevail in this industry, your request for
				a hearing must contain a preliminary showing either that competitive conditions
				do not prevail with respect to this radio common carrier or that this
				application represents some other type of abuse by the applicant.
(3) If a request for a hearing is made that
				does not meet the requirements of ARM
				38.5.404(2), the
				commission staff will contact the person requesting the hearing to determine if
				either of the showings required by ARM
				38.5.404(2) can
				be made. If the showings cannot be made, no hearing will be held.
(4) The commission shall liberally construe
				its rules of discovery (ARM
				38.2.3301 -
				38.2.3305 ) in order to effectuate
				the goals of this rule.
69-3-103(2),
					 MCA; IMP,
					 69-3-103(2),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.501 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) An interim rate increase is an increase
				granted by the Commission prior to a hearing or after a hearing and before a
				final decision. Interim rate increases are designated "temporary" rate
				increases in the enabling statute,
				69-3-304,
				MCA.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.502 - PREREQUISITE TO INTERIM RATE INCREASE REQUEST

Current through Register Vol. 13, July 5, 2024
(1)
				Any application for an interim grant of authority to increase utility rates
				must be filed in conjunction with a permanent rate case proceeding.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.503 - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) The utility will issue notice of all
				applications it makes for interim rate increases. The notice will be
				transmitted to the Montana Consumer Counsel, and all parties to the permanent
				rate case of which the request for temporary relief is a part, to media of
				general dissemination in the area affected by the increase in rates, and to
				interested parties that participated in the most recent general rate increase
				application of the particular utility. The notice shall emphasize that any
				response should be made speedily.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.504 - HEARINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.505 - SUPPORTING MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) Any application
				for interim authority to increase utility rates sought as part of a general
				(other-than-tracking) rate increase shall only be deemed filed when all
				prefiled direct testimony and exhibits supporting the general rate increase
				request have been submitted.
(2)
				For every interim rate increase request, the applicant shall file the original
				and eight copies of the letter of transmittal, application exhibits,
				certificate of service for notice of the interim application and proposed
				order, with the Commission; two copies of the letter of transmittal, the
				application and any exhibits shall be simultaneously filed with the Montana
				Consumer Counsel; copies of the letter of transmittal, application, and any
				exhibits shall also be filed with all parties to any coincident permanent rate
				case.
(3) Any applications for
				interim authority to increase utility rates to meet increased costs of a
				single, clearly measurable expense item (tracking cases) shall be supported by
				the following:
(a) Letter of
				transmittal
(b)
				Application
(c) Rate schedules -
				current and proposed
(d) Detail of
				increased expense item
(e) Summary
				of base cost of expense item and proposed adjustment
(f) Statements showing effects of proposed
				adjustment, including operating income, rate of return, and return on average
				equity.
(g) Most recent 12 month
				balance sheet and income statement.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.506 - CRITERIA FOR APPROVAL OF REQUEST

Current through Register Vol. 13, July 5, 2024
(1)
				Consideration of an application to increase rates on an interim basis in a
				general rate increase proceeding will be guided by generally established
				principles of utility rate regulation.
(2) The Commission shall calculate all
				interim rate increase requests in a general rate increase proceeding in the
				following manner:
(a) Test year booked net
				utility operating income and test year average rate base will be normalized and
				annualized, when such test year data is available.
(b) Any adjustments that were made in the
				most recent Commission general rate order of the utility will also be made
				using the methodology and rate of return on equity from that order, and applied
				to the filed test year amounts. These adjustments may be modified and other
				adjustments made as deemed appropriate by the Commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.507 - DEPENDENT UTILITIES

Current through Register Vol. 13, July 5, 2024
(1) In the case of
				utilities dependent on other regulated utilities for significant portions of
				their fuel supplies, any application for interim rate relief made in response
				to an interim increase granted another utility will not be subject to these
				rules.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.5 - Interim Utility Rate Increases › Rule 38.5.508 - WAIVER

Current through Register Vol. 13, July 5, 2024
(1) The commission, in its discretion, may at
				any time, waive any or all of these rules.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.601 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.602 - SCOPE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.603 - EFFECTIVENESS MEASUREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.604 - ELECTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.605 - FINAL ORDERS - APPEALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.606 - RATEMAKING PROCEDURE - GENERAL RATE CASES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.607 - RATEMAKING PROCEDURES - LIMITED ISSUE FILINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.608 - COST OF EQUITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.609 - COST OF SERVICE FILING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.610 - APPLICATION FOR SUMMARY CLOSURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.6 - Optional Filing Standards for Electric, Gas, Water, and Sewer Utilities (Repealed) › Rule 38.5.611 - SUNSET/REPEALER (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.7 - Municipally-Owned Utilities › Rule 38.5.701 - JURISDICTIONAL POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-102
					 and
					 69-3-103,
					 MCA; IMP,
					 69-7-101,
					 69-7-102,
					 69-7-113 and
					 69-7-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.7 - Municipally-Owned Utilities › Rule 38.5.702 - DETERMINATION OF PUBLIC SERVICE COMMISSION JURISDICTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-102
					 and
					 69-3-103,
					 MCA; IMP,
					 69-7-101,
					 69-7-102,
					 69-7-113 and
					 69-7-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.801 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				is applicable to electric and natural gas public utilities.
(2) Except where otherwise provided, a
				utility shall comply with the minimum filing standards of this subchapter
				whenever it files for a rate schedule change pursuant to
				69-3-302 or
				69-3-308,
				MCA which incorporates changes in Montana state and local tax expense, except
				that this subchapter does not apply to rate schedules filed to adjust for the
				Public Service Commission tax or the Montana Consumer Counsel tax.
(3) Filings made pursuant to
				69-3-308,
				MCA are exempt from the filing requirements of ARM
				38.5.101 to
				38.5.195.
AUTH:
					 69-3-103,
					 69-3-310,
					 MCA; IMP:
					 69-3-302,
					 69-3-308,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.802 - ELECTRONIC INFORMATION - LETTER OF TRANSMITTAL

Current through Register Vol. 13, July 5, 2024
(1) The utility
				shall include with the request for a rate adjustment all files in an easily
				readable electronic format, which, if applicable, shall have all digital links
				intact.
(2) The letter of
				transmittal with respect to a filing for a new or existing tariff to provide
				for an adjustment of state and local taxes and fees under
				69-3-308,
				MCA shall:
(a) list the documents submitted
				with the filing;
(b) state the
				names and addresses of those to whom copies of the rate schedule have been
				mailed;
(c) include a brief
				description of the proposed changes in service or rate and charge;
(d) state the reasons for the proposed
				changes;
(e) state the estimated
				number of customers whose cost of service will be affected and annual amounts
				of either increases or decreases, or both, in cost of service to such
				customers;
(f) name an employee of
				the utility who shall be responsible for answering questions concerning the
				application, or for referring inquiries to appropriate members of the utility
				staff;
(g) include a clear
				statement of the relief requested;
(h) include a table or spreadsheet showing
				each rate affected by the rate adjustment, including the rate as it currently
				exists, the incremental change due to the tracker, the proposed total rate, and
				the portion of the rate attributable to tax; and
(i) propose revised tariffs that would be
				affected by the rate adjustment, including both clean and red-lined
				copies.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.803 - PRE-FILED TESTIMONY

Current through Register Vol. 13, July 5, 2024
(1) The application
				made under
				69-3-308,
				MCA, by a utility shall include the pre-filed testimony of a witness or
				witnesses. If the testimony of more than one witness is presented, the utility
				will identify one witness who is responsible for the completeness of the
				statements and work papers contained in the filing.
AUTH:
					 69-3-103,
					 69-3-310,
					 MCA IMP:
					 69-3-202,
					 69-3-205,
					 69-3-308,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.804 - EXPENSE AND REVENUE ADJUSTMENT WORK PAPERS

Current through Register Vol. 13, July 5, 2024
(1) The application
				for automatic adjustment for Montana state and local taxes and fees, excluding
				income taxation, provided for under
				69-3-308,
				MCA shall include:
(a) the projected changes
				in taxes from the prior year;
(b)
				the true-up of the prior year's actual revenue attributable to taxes versus
				actual taxes; and
(c) the
				extinguishment of deferred balances.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.805 - JURISDICTIONAL FERC ALLOCATIONS FOR TAXES

Current through Register Vol. 13, July 5, 2024
(1) For Montana
				state and local taxes and fees, excluding income taxation, allocated to rates
				collected under FERC tariffs:
(a) the utility
				shall disclose and explain the present allocation methodology of the expense to
				retail and wholesale customers;
(b) the utility will identify in a table a
				list of all property which is subject to a jurisdictional allocation between
				retail and wholesale customers by:
(i) FERC
				account ;
(ii) value in rate base,
				on an original cost less depreciation basis; and
(iii) the total amount of tax expense for
				each FERC account listed.
(c) if the taxing jurisdiction does not
				disclose or specifically identify the amount of tax expense allocated or
				assessed to property by type, the utility will disclose as such and will use an
				appropriate allocator consistent with prior commission orders or with its own
				internal practice;
(d) the utility
				will indicate the last time it has filed at FERC a general rate case or a case
				specific to a service offered under its open access transmission tariff, and
				describe how tax expense was incorporated into its rate proposal and, if
				specified, the FERC's final determination of rates;
(e) the utility will present information for
				allocation methodologies, regardless of which is proposed or adopted for
				current use. These shall include at a minimum:
(i) the revenue produced under FERC rates
				which is attributable to Montana state and local tax and fee expense,
				calculated on the basis of the percentage of the last-approved revenue
				requirement which was attributable to this expense; and
(ii) a calculation of the usage of the assets
				subject to state and local taxes and fees by retail customers and by wholesale
				customers, with an allocation of the associated tax expense to the wholesale
				and retail customers of the utility on a basis consistent with that usage
				employing a twelve-coincident-peak methodology.
(f) the commission may request an additional
				study to allocate this expense on another basis; and
(g) a utility that does not collect any
				revenues under FERC tariffs will file a statement certifying
				accordingly.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.806 - JURISDICTIONAL ALLOCATIONS FOR TAXES

Current through Register Vol. 13, July 5, 2024
(1) For Montana
				state and local taxes and fees and for other states' taxes, excluding income
				taxation, which are allocated to rates authorized by the commission and by
				other state utility commissions:
(a) the
				utility shall disclose and explain the allocation methodology of these expenses
				to Montana customers and to customers of other states; and
(b) the utility shall provide a statement
				including data for the last three years and for the coming year, which:
(i) discloses the actual tax expense
				attributable to each jurisdiction under the last approved allocation
				methodology of the commission; and
(ii) provides an estimate of the amount of
				revenue attributable to these taxes the utility had projected to earn based on
				the tax expense in rates of its last general rate case filings in those
				jurisdictions, inflated or deflated by the projected growth in sales volumes of
				units whose rates include tax-related expense.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.807 - INCOME TAXATION

Current through Register Vol. 13, July 5, 2024
(1) To account for
				the deductibility of tax expense from the utility's income tax liability when
				filing for an automatic rate adjustment for Montana state and local taxes and
				fees, the utility will multiply the statutory income tax rate by the
				incremental change in Montana state and local tax expense. The product of this
				multiplication is the amount of the income tax benefit, positive or negative,
				that results from the automatic rate adjustment for Montana state and local
				taxes and fees.
(2) Together with
				an application for a change in rate schedules filed pursuant to
				69-3-302,
				MCA the utility shall:
(a) provide its last
				three annual income tax filings for both the federal and Montana
				jurisdictions;
(b) file a request
				for a protective order no later than three weeks before such a rate filing is
				made, if the utility desires to exercise its right under federal law to keep
				its income tax filing confidential; and
(c) file a statement which:
(i) discloses the amount of revenue
				attributable to the component of existing commission rates attributable to
				federal and state income taxes;
(ii) identifies the total income tax expense
				associated with or allocated to the customers paying those commission
				rates;
(iii) indicates any amount
				of tax benefit or liability which is normalized pursuant to federal or state
				laws or regulations;
(iv)
				indicates any amount of tax benefit or liability which is normalized
				voluntarily, at the utility's option, and not because it is required pursuant
				to federal or state laws or regulations; and
(v) provides a spreadsheet or other
				information documenting a cost-benefit analysis for customers regarding the
				utility's election for a tax treatment that prohibits flow-through and requires
				normalization.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.808 - ATTRIBUTION OF TAX TO PLANT

Current through Register Vol. 13, July 5, 2024
(1) Together with
				an application for an automatic rate adjustment for Montana state and local
				taxes and fees under
				69-3-308,
				MCA, a utility will identify an allocation of Montana state and local taxes and
				fees to plant by FERC account.
(2)
				In making the allocation of taxes to plant type, the utility will identify and
				explain its methodology, which may be informed by both the books and records of
				the utility company's capital investments and by the allocation of value to
				taxing jurisdictions by governmental authorities and by other factors the
				utility and the commission consider reasonable.
(3) The utility will provide FERC account
				balances for plant for the previous two years as of the lien date used by the
				Montana Department of Revenue for tax purposes.
AUTH:
					 69-3-103,
					 69-3-310,
					 MCA; IMP:
					 69-3-109,
					 69-3-201,
					 69-3-202,
					 69-3-308,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.809 - VALUATION AND PROTESTS

Current through Register Vol. 13, July 5, 2024
(1) A utility will
				file the past two years' tax valuations from the Montana Department of Revenue.
(2) The utility will describe any
				informal or formal protests for its valuation or its tax expense that it has
				filed with any jurisdiction.
(3)
				For the purposes of complying with
				69-3-308(2)(a)(i)(C),
				MCA a utility will provide a statement or table of adjustments made for the
				resolution of property taxes paid under protest. If there are none, it will
				file a statement indicating as such.
AUTH:
					 69-3-103,
					 69-3-310,
					 MCA; IMP:
					 69-3-106,
					 69-3-109,
					 69-3-302,
					 69-3-308,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.810 - ALLOCATION OF TAXES AND FEES - RATE DESIGN

Current through Register Vol. 13, July 5, 2024
(1) A utility's
				application under
				69-3-308,
				MCA, must include testimony and work papers showing the allocation of an
				adjustment to Montana state and local taxes and fees to each of the utility's
				customer classes. Testimony must include a thorough description of and
				justification for the allocation method(s).
(2) A utility's application must include
				testimony and work papers showing the derivation of rate adjustments provided
				for in ARM 38.5.802(2)(i). Testimony must include a thorough description and
				justification for the requested rate design. Work papers must include an
				analysis showing customer bill impacts, by customer class, for various usage
				levels typical for the customer class.
AUTH:
					 69-3-103,
					 69-3-310,
					 MCA; IMP:
					 69-3-201,
					 69-3-308,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.811 - TAXES EXCLUDED

Current through Register Vol. 13, July 5, 2024
(1) A utility will
				disclose any taxes or fees assessed by taxing jurisdictions within the state of
				Montana which are not Montana state or local taxes or fees under
				69-3-308,
				MCA, including, but not necessarily limited to, tribal taxes.
AUTH:
					 80-8-105(2)(q),
					 80-8-109,
					 MCA; IMP:
					 80-8-105(2)(q),
					 80-8-109,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.8 - Minimum Filing Requirements for Rate Adjustments for Taxes and Fees › Rule 38.5.812 - REQUIREMENTS FOR THE SUBMISSION OF OMITTED INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) For utility
				applications made pursuant to
				69-3-308,
				MCA if a utility has not complied with the minimum filing standards of this
				subchapter or has otherwise failed to provide information as provided for in
				the proceeding to consider the filing, the commission may order within
				forty-five days of receipt of the utility's application that the utility
				address these omissions and continue the proceeding until they are addressed.
(2) For utility applications made
				pursuant to
				69-3-302,
				MCA, a filing made by a utility which does not include the information required
				by this subchapter, the remedies provided for in ARM
				38.5.184 apply.
(3) This rule does not affect the
				commission's ability to pursue the remedies provided for in
				69-3-206
				and
				69-3-208,
				MCA.
AUTH:
					 69-3-103,
					 69-3-310,
					 MCA; IMP:
					 69-3-202,
					 69-3-302,
					 69-3-206,
					 69-3-208,
					 69-3-308,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.9 - Billing Errors › Rule 38.5.901 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) "Billing error" means any bill issued by
				a natural gas, electric, private water or sewer utility that is not designated
				as an estimate and that understates the amount owed by a utility customer. It
				also means a utility's failure to bill a customer, although there was energy
				consumption which would, under the utility's normal billing practices, be
				billed to the customer.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.9 - Billing Errors › Rule 38.5.902 - BILLING ERRORS

Current through Register Vol. 13, July 5, 2024
(1) When a billing
				error is discovered which is not the result of theft by the customer, the
				utility may submit a bill to the customer based on the corrected information
				for a period not to exceed six months from the date the billing error is
				discovered.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.9 - Billing Errors › Rule 38.5.903 - EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) Billing errors on accounts of industrial
				customers are exempt from the provisions of these rules.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.9 - Billing Errors › Rule 38.5.904 - EFFECTIVE DATE

Current through Register Vol. 13, July 5, 2024
(1) Utilities are
				required to comply with this rule for billing errors discovered on and after
				January 26, 1984. However, utilities are authorized to implement the rule
				immediately, both for billing errors presently known and for errors which are
				discovered prior to January 26, 1984.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.10 - Service Requirements › Rule 38.5.1001 - RATES, CHARGES, AND SERVICE REQUIREMENTS OF PUBLIC UTILITIES

Current through Register Vol. 13, July 5, 2024
(1) Rates, charges and service requirements
				of each public utility under the jurisdiction of the commission (
				69-3-101,
				MCA and following) are contained within the tariffs and files of each public
				utility as filed with and approved by the commission. Information relative to
				such rates, charges and service requirements in regard to each utility may be
				obtained from the commission office.
69-3-104,
					 MCA; IMP,
					 69-3-105,
					 69-3-301,
					 MCA;