reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.10 - Service Requirements › Rule 38.5.1002 - UNDERGROUNDING OF ELECTRIC DISTRIBUTION LINES IN NEW SUBDIVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Section
				69-4-102,
				MCA, requires a public utility furnishing electricity to install underground
				distribution lines in new subdivisions of five or more consumer units when
				undergrounding is technically and economically feasible.
(2) As used in this rule, "technically
				feasible" means that the trench through which the underground lines would run
				could be excavated by a conventional backhoe or trencher, with no blasting and
				minimal use of jackhammers or like equipment required, and the consumer unit is
				situated on a lot or parcel not larger than five acres.
(3) As used in this section, "economically
				feasible" means:
(a) If underground
				installation cost/unit does not exceed twice overhead installation cost/unit,
				underground installation is feasible and shall be constructed at the expense of
				the utility and the developer or the customer in accordance with the applicable
				rate schedule on file with the commission; and
(b) If underground installation cost/unit is
				more than twice overhead installation cost/unit, underground installation is
				economically infeasible within the meaning of
				69-4-102,
				MCA, and underground installation is not required in such cases.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.10 - Service Requirements › Rule 38.5.1010 - INCORPORATION BY REFERENCE OF NATIONAL ELECTRICAL SAFETY CODE

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				69-4-201, MCA, the commission is
				empowered to implement and enforce construction standards for utility lines and
				facilities and for that purpose the commission adopts and incorporates by
				reference the 2023 edition of the National Electrical Safety Code (NESC). A
				copy of the NESC may be obtained from the American National Standards
				Institute, 25 West 43rd Street, 4th Floor, New York 10036, or may be reviewed
				at the Public Service Commission Offices, 1701 Prospect Avenue, Helena, Montana
				59620-2601.
AUTH:
					 69-4-201, MCA; IMP:
					 69-4-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1101 - ESTABLISHMENT OF CREDIT - RESIDENTIAL

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant for residential utility service may establish credit by demonstrating
				to the utility any one of the following factors:
(a) Prior service with utility in question
				within the previous 12 months during which for at least 6 consecutive months
				service was rendered and was not disconnected for failure to pay, and no more
				than one delinquency notice was served upon the customer.
(b) Prior service with a utility of the same
				type as that of which service is sought with a satisfactory payment record as
				demonstrated in (a) above, provided that the reference may be quickly and
				easily checked by the utility and the necessary information is
				provided.
(c) Full-time consecutive
				employment during the entire 12 months next previous to the application for
				service, with no more than two employers, and the applicant is currently
				employed or has a regular source of income.
(d) Ownership of significant legal interest
				in the premises to be served.
(e)
				Furnishing of a satisfactory guarantor to secure payment of bills for services
				requested in a specified amount not to exceed an estimated one year bill, such
				estimation to be made at the time the service is established.
(f) In the case of telephone utilities, the
				guarantee amount shall be for the total amount of the bill.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1102 - ESTABLISHMENT OF CREDIT - NONRESIDENTIAL

Current through Register Vol. 13, July 5, 2024
(1)
				An applicant for nonresidential service may be required to demonstrate that it
				is a satisfactory credit risk by reasonable means appropriate under the
				circumstances.
69-3-306,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1103 - DEPOSIT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A deposit may
				be required under the following circumstances:
(a) Where the applicant has failed to
				establish a satisfactory credit history as outlined above.
(b) In any event, a deposit may be required
				when within the 12-months prior to the application, the applicant's service of
				a similar type has been disconnected for failure to pay amounts owing, when
				due; where there is an unpaid, overdue balance owing for similar service from
				the utility to which application is being made or from any similar utility; or
				where two or more delinquency notices have been served upon the applicant by
				any other utility company during the 12-months previous to the application for
				service.
(c) Initiation or
				continuation of service to a residence where prior customer still resides and
				where any balance for such service to that prior customer is past due or
				owing.
(d) Where the customer has,
				in an unauthorized manner, interfered with the service of the utility situated
				or delivered on or about the customer's premises within the last five years, if
				the finding of unauthorized interference or use is made and determined after
				notice and opportunity for hearing is provided to the customer and is not in
				dispute.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1104 - PROHIBITED STANDARDS FOR REQUIRING CASH DEPOSIT OR OTHER GUARANTEE FOR RESIDENTIAL SERVICE

Current through Register Vol. 13, July 5, 2024
(1) A utility shall
				not require a cash deposit or other guarantee as a condition of new or
				continued residential utility service based upon commercial credit standards
				(except as provided in these rules), income, home ownership, residential
				location, race, color, creed, sex, age, national origin, or any other criteria
				not authorized by these rules. This rule does not prohibit a utility from
				ensuring that agreements with customers who may be incompetent, such as minors,
				are made in such a manner, and with such persons, as to be legally
				binding.
69-3-306,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1105 - AMOUNT OF DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) In instances
				where a deposit may be required by the utility, the deposit shall not exceed
				one-sixth of estimated annual billings; provided that deposit of not more than
				25% of the estimate may be required of applicants for non-residential
				service.
(2) In the case of
				telephone utilities, the deposit may be accordingly adjusted when the actual
				interchange service charges are subsequently found to be more or less than
				those estimated.
69-3-306,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1106 - TRANSFER OF DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) Where a
				customer of whom a deposit is required transfers his service to a new location
				within the same utility's service area, within the state of Montana, the
				deposit, less any outstanding balance, shall be transferable and applicable to
				the new service location.
(2) In
				the case of telephone utilities, the deposit is only transferable within the
				same exchange.
69-3-306,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1107 - INTEREST ON DEPOSITS

Current through Register Vol. 13, July 5, 2024
(1) Interest on
				deposits held shall be accrued at the rate of 6% per year. Interest shall be
				computed from the time of the deposit to the time of refund or termination, to
				the nearest whole month, without compounding. This rule is effective October 1,
				2002, applies to deposits received on and after October 1, 2002, and applies to
				the remaining period of deposits existing before October 1, 2002.
69-3-103,
					 69-3-306,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1108 - REFUND OF DEPOSITS

Current through Register Vol. 13, July 5, 2024
(1) Deposits plus
				accrued interest shall be refunded under the following circumstances and in the
				following form:
(a) Where the customer has for
				12 consecutive months paid for service when due in a prompt and satisfactory
				manner as evidenced by the following:
(i) The
				utility has not initiated disconnection proceedings against the customer;
				and
(ii) No more than two notices
				of delinquency have been made to the customer by the utility.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1109 - RECORD OF DEPOSITS

Current through Register Vol. 13, July 5, 2024
(1) A utility shall
				maintain a record of all deposits received from customers, showing the name of
				each depositor, the date and amount of the deposit made, the location of the
				premises occupied by the depositor at the time of making the deposit, and each
				successive location while the deposit is retained.
(a) Each customer posting a cash deposit
				shall receive in writing at the time of tender of the deposit a receipt as
				evidence thereof, which contains the following minimum information.
(i) Name of customer;
(ii) Address of customer;
(iii) Place of payment;
(iv) Date of payment;
(v) Amount of payment;
(vi) Identification of the employee receiving
				payment;
(vii) Statement of the
				terms and conditions governing the receipt, retention and return of deposit
				funds.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1110 - UNIFORM APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) A utility shall
				apply deposit standards uniformly as condition of utility service to all
				residential customers.
69-3-306,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1111 - GUARANTEE IN LIEU OF DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) In lieu of
				a cash deposit required by these rules, a utility shall accept the written
				guarantee of a responsible party as surety for a customer service account. For
				the purpose of this rule, a "responsible party" shall mean:
(a) Any individual or business entity which
				has maintained service with the utility in question for the previous 24 months,
				and who has not had service disconnected for failure to pay, and has received
				no more than two delinquency notices.
(b) Any special fund approved by the
				commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.11 - Customer Deposit for Guarantee Payment › Rule 38.5.1112 - GUARANTEE TERMS CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) A guarantee
				accepted in accordance with these rules is subject to the following terms and
				conditions:
(a) It shall be in writing, and if
				necessary shall be renewed in a similar manner annually.
(b) It shall state the terms of guarantee,
				the maximum amount guaranteed (such maximum not to exceed an estimated one year
				bill, such estimation to be made at the time the service is established), and
				that the utility shall not hold the guarantor liable for sums in excess thereof
				unless agreed to in a separate written instrument.
(c) Credit shall be established for the
				customer and the guarantor shall be released upon the satisfactory payment by
				the customer of all proper charges for utility service for a period of 12
				successive months. For purposes of this subsection, payment is satisfactory if:
(i) The utility has not initiated
				disconnection proceedings against the customer.
(ii) No more than two notices of delinquency
				have been made to the customer by the utility.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.12 - Standby Charges › Rule 38.5.1201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Standby charges" are defined for the
				purposes of this rule as charges different than those generally available for
				service under the utility's tariffs, imposed where utility service is either
				provided:
(a) only in the event of the
				nonavailability to the customer of any other form or source of energy from any
				supply, which other form of energy is predominately relied upon by the
				customer; or
(b) on a regular basis
				as the customer's predominate energy source but is subject to periodic partial
				or complete curtailment, at the customer's option, and replacement by another
				energy form or source.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.12 - Standby Charges › Rule 38.5.1202 - "STANDBY CHARGES" NOT ALLOWED

Current through Register Vol. 13, July 5, 2024
(1) The
				Commission, in view of both the state energy conservation policy and the lack
				of cost impact data in this area, will not approve any "standby charges" at
				this time. Utilities shall supply "standby service" at presently authorized
				rates for all classes of customers. A hearing will be held under the Commission
				rules governing contested case proceedings prior to any Commission action on a
				request for standby charges.
Secs.
					 69-3-103,
					 MCA; IMP,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.12 - Standby Charges › Rule 38.5.1203 - SERVICE TO STANDBY CUSTOMERS

Current through Register Vol. 13, July 5, 2024
(1) Utilities
				shall supply standby service to requesting customers, subject to limitations
				imposed by federal regulatory agencies. However, unless specifically required
				by order of a federal regulatory agency, no utility may refuse service to a
				requesting customer solely on the grounds that the request is for standby
				service.
Secs.
					 69-3-103,
					 MCA; IMP,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.12 - Standby Charges › Rule 38.5.1204 - MINIMUM FILING REQUIREMENTS FOR FUTURE REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) Any utility requesting "standby charges"
				before this Commission in the future shall provide adequate data supporting
				"standby service" costs incurred, including but not limited to:
(a) number of customers equipped with
				alternative, renewable energy sources who would be affected by such
				charges;
(b) current costs and
				payback periods of the major alternative energy systems with no standby charge;
				current costs and payback periods of the major alternative energy systems if
				the standby charge as requested is authorized;
(c) for proposed standby charges for electric
				utility service, time-of-day and load information for the various classes of
				customers; and for the various energy source systems employed by
				them;
(d) cost of service
				information, including incremental cost of service information broken down by
				cost of service to the class of customers with unlimited use backup systems and
				the class of customers with backup service restricted to off-peak replenishment
				of energy storage systems.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.12 - Standby Charges › Rule 38.5.1205 - EXEMPTION: STANDBY CHARGES FOR INDUSTRIAL CUSTOMERS

Current through Register Vol. 13, July 5, 2024
(1) These rules shall apply to all requests
				for standby charges for residential and commercial classes of customers; these
				rules shall not apply to requests for standby charges for industrial
				customers.
Secs.
					 69-3-103,
					 MCA; IMP,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1301 - DEFINITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1302 - CONDITIONS FOR APPROVAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1303 - PROCEDURE (IS HEREBY REPEALED) (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1305

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1307 - EAS - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) The repeal of
				these rules does not affect the status of any existing EAS arrangement.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1309

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1311

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1313

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.13 - Telephone Extended Area Service Guidelines › Rule 38.5.1315

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103,
					 MCA; IMP:
					 69-3-301,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this subchapter:
(1) "Appliances essential for maintenance of
				health" means any electric or gas energy-using device which is certified by a
				licensed physician as being essential to prevent or to provide relief from
				serious illness or to sustain the life of a member of the household and for
				which there is no reasonable alternative.
(2) "Customer" means any purchaser of gas or
				electric service supplied by a utility for residential purposes. A person who
				requests disconnection of service at his or her current address in order to
				move service to his or her new address with no break in the service is an
				existing customer, not an applicant for new service.
(3) "Delinquent account" means an account for
				residential service which remains unpaid for at least 30 days after the bill is
				rendered. The exact due date shall be printed on the face of the
				bill.
(4) "Elderly" means any
				residential electric or gas consumer aged 62 or older, who resides at the
				service address.
(5) "Handicapped"
				means any residential electric or gas consumer who resides at the service
				address and has any physicial or mental impairment which substantially limits
				one or more of such person's life activities, and such person:
(a) is certified as being physicially
				disabled by a licensed physician, or
(b) is certified as being mentally disabled
				by a licensed psychiatrist or registered psychologist, veterans administration,
				social security administration, or local board of health.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1402 - GROUNDS FOR TERMINATION OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1)
				Subject to the requirements of these rules, a utility may terminate service to
				a customer for any of the following reasons:
(a) Nonpayment of a delinquent
				account;
(b) Misrepresentation of
				identity for the purpose of obtaining utility service;
(c) Unauthorized interference, diversion or
				use of the utility's service situated or delivered on or about the customers
				premises;
(d) Failure to comply
				with the terms and conditions of a deferred payment agreement made in
				accordance with these rules;
(e)
				Refusal to grant a duly authorized representative of a utility access to
				equipment upon the premises of the customer at reasonable times for the purpose
				of inspection, maintenance or replacement when the utility has given the
				customer reasonable notice of the need for such access and the time of
				visitation;
(f) Violation of other
				rules of the commission or utility which adversely affects the safety of the
				customers or other persons, or the integrity of the utility's delivery
				system.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1403 - PROHIBITED GROUNDS FOR TERMINATION OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Neither of the following shall constitute
				grounds for a utility to terminate service:
(a) The failure of any person, other than the
				customer against whom termination is sought, to pay any charges due to the
				utility;
(b) The failure of a
				customer to pay for merchandise, appliances or other services not contained in
				tariffs approved by the commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1404 - STATEMENT OF TERMINATION POLICY

Current through Register Vol. 13, July 5, 2024
(1) A
				current general statement of the utility's termination policy shall be posted
				in all local business offices of the utility, shall be made available upon
				request to all existing customers and shall be provided to all new customers
				when they initiate service. This statement must be written in clear and
				understandable language and must include the following information:
(a) The time allowed to pay outstanding
				bills;
(b) A statement that
				arrangements for installment payment of delinquent bills can be made at any
				time prior to termination of service;
(c) The title and telephone number of the
				utility employee to which inquiries and disputes may be directed;
(d) The time allowed to initiate a
				dispute;
(e) Instructions for
				designating a third party to receive a copy of termination notices;
(f) Instructions for designating elderly or
				handicapped status or a medical emergency;
(g) Instructions for designating the presence
				of special appliances essential for maintenance of health or safety.
(h) Details of the method of termination as
				described in ARM
				38.5.1413.
(i) Availability of a copy of the
				Commission's rules on termination of service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1405 - NOTICE PRIOR TO AND AT THE TIME OF TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) A utility may not terminate service to
				any residential, firm, commercial, industrial or other customer unless written
				notice is served.
(2) Termination
				notice shall be served as follows:
(a) If no
				response to the first notice is received within ten days of mailing, the
				utility must send a second notice by first class or certified mail (return
				receipt requested). The second notice must be sent by the utility or personally
				served on the customer at least ten days prior to the date of the proposed
				termination.
(b) A utility may
				terminate utility services upon serving written notice five business days prior
				to the proposed termination date when a customer:
(i) remits an insufficient funds check as
				payment to the utility after receiving the first notice of termination,
				or
(ii) breaches a payment
				agreement made pursuant to ARM
				38.5.1415.
(c) The provisions of (a) shall govern notice
				of termination to landlord customers, except that the first notice must be sent
				at least 30 days prior to the date of the proposed termination.
(d) The utility shall give written notice of
				the proposed termination for nonpayment to each residential unit reasonably
				likely to be occupied by an affected tenant of a landlord customer subject to
				termination. Such notice shall not be rendered earlier than five business days
				following initial notification to the landlord customer. However, if the
				landlord customer disputes the amount owing, such notice shall not be rendered
				until the dispute has been resolved. In no event shall such notice be served
				upon the tenants less than 15 days prior to the termination of service to the
				landlord customer on account of nonpayment. Upon affidavit, the Commission may,
				for good cause shown by the utility, reduce the minimum time between
				notification of the landlord customer and notification of the
				tenants.
(e) Prior to termination
				of service the utility must make a diligent attempt to contact the customer,
				either in person or by telephone, to apprise him of the proposed action. If
				telephone or personal contact is not made, the utility employee shall leave
				notice in a place conspicuous to the customer that service will be terminated
				on the next business day unless the delinquent charges have been
				paid.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1406 - CONTENTS OF WRITTEN NOTICE

Current through Register Vol. 13, July 5, 2024
(1) The written
				notices required by these rules must contain:
(a) The utility's statement of termination
				policy;
(b) An identification of
				the customer and service account affected by the proposed
				termination;
(c) A statement of
				reasons for termination;
(d) The
				date of proposed termination;
(e)
				The amount of the reconnection fee, if any;
(f) A summary of rights and remedies,
				including procedures to dispute the termination notice, provisions relating to
				elderly and handicapped consumers and those suffering a medical emergency,
				provisions for customers who are unable to pay their bills and steps necessary
				to make a claim of inability to pay, availability of installment payment
				arrangements and sources of financial assistance.
(g) Designation of the bill in question as
				actual or estimated;
(h) Except for
				notification of tenants, amount owed and time period over which amount was
				incurred;
(i) Instructions on how
				service can be restored;
(j) In the
				case of a landlord customer, the date on or after which the utility will notify
				tenants of the proposed termination.
(k) In the case of notification of tenants:
(i) The amount of an average monthly bill for
				utility service to the premises and the largest bill for utility service to the
				premises in the previous 12 months;
(ii) A statement that Commission procedures
				and the Laws of Montana may give the tenant certain rights with respect to
				which the tenant may wish to consult an attorney or Montana Legal
				Services.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1407 - GROUNDS FOR TERMINATION OF SERVICE WITHOUT WRITTEN NOTICE

Current through Register Vol. 13, July 5, 2024
(1) A utility may terminate service without
				prior notice only:
(a) If a condition
				immediately dangerous or hazardous to life, physicial safety or property
				exists;
(b) Upon order by any
				court, the Commission or any other duly authorized public authority;
(c) If such service is obtained fraudulently
				or without authorization of the utility.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1408 - CUSTOMER'S RIGHT TO DISPUTE A TERMINATION NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Utilities must provide a reasonable
				procedure for customers to dispute the termination of service. If the utility
				decides such a dispute against the customer, it must do so in writing and must
				advise the customer that he or she may appeal the decision to the Commission.
				If the Commission is not able to resolve the complaint informally, formal
				complaint proceedings under ARM
				38.2.2101, may be instituted by
				the customer.
(2) In its
				investigation of the proposed termination or during any hearing regarding the
				proposed termination, the Commission may make inquiry of the parties as to the
				following matters, among others:
(a) The
				extent to which the customer has control over their source of money for
				payments, including such matters as the lateness of public assistance
				checks;
(b) Weather
				conditions;
(c) The existence of
				illness of residents in the affected residences;
(d) The ages of the persons residing in the
				affected units;
(e) The existence
				of, or potential for, termination of service by other companies.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1409 - TERMINATION NOTICE FOR NONPAYMENT-WHEN PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) A notice of termination of service may
				not be issued for nonpayment of a delinquent account if the entire amount is
				disputed by the customer and the customer is currently negotiating the dispute
				with the utility or has filed a complaint with the commission. A utility may,
				however, issue a notice of termination of service with respect to that portion
				of any delinquent account which is not disputed by 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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1410 - TERMINATION OF SERVICE DURING WINTER MONTHS

Current through Register Vol. 13, July 5, 2024
(1)
				During the period November 1st to April 1st and on any day when the reported
				ambient air temperature at 8:00 a.m. is at or below freezing or if the U.S.
				Weather Service forecasts a snowstorm or freezing temperatures for the
				succeeding 24-hour period, no termination of residential service may take place
				if the customer establishes that he or she is unable to pay, or able to pay
				only installments, that he or she or a member of the household is at least 62
				years old or that he or she or a member of the household is
				handicapped.
(2) No termination of
				service may take place during the period of November 1st to April 1st except
				with specific prior approval of the Commission.
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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1412 - TIME OF TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) Service shall
				not be discontinued on a day, or a day immediately preceding a day, when the
				services of the utility are not available to the general public for the purpose
				of reconnecting terminated service. Service may be terminated only between the
				hours of 8:00 a.m. and 12:00 noon.
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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1413 - METHOD OF TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) Actual
				termination may not take place until one day after personal or telephone notice
				or, in the alternative, one business day after notice has been posted in a
				place conspicuous to the customer when the customer was not contacted
				personally or by phone.
(2) The
				utility's representative (employee) shall attempt to inform the occupant of the
				affected residence that service is to be discontinued. The employee shall
				present the occupant with a statement of charges due and shall request
				verification that the delinquent charges have not been paid or are not subject
				to a dispute previously registered with the utility or the Commission. Upon the
				presentation of evidence which reasonably indicates that the charge has been
				paid or is subject to a dispute previously registered with the utility or the
				Commission, service shall not be terminated.
(3) The employee shall be authorized to
				accept payment. If payment in full of all delinquent charges is tendered,
				service shall not be terminated.
(4) Payment may be tendered in any reasonable
				manner including personal check. Payment by personal check is not reasonable if
				the customer has paid the utility with checks returned for insufficient funds
				twice or more within the previous two years.
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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1414 - THIRD-PARTY NOTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) If a customer
				designates a third person to receive customer notifications of termination of
				service, the utility shall forward a duplicate of such notices to the
				designated third party. The third party so notified will not be liable for the
				account of the customer, unless he or she has agreed to be a guarantor for the
				customer.
(2) Each utility shall
				promptly, and in no event later than 90 days after the effective date of these
				rules, devise procedures reasonably designed to provide a voluntary system of
				third party notification for all customers. Such procedures shall be submitted
				by each company in writing to the Commission. The Commission may require, by a
				written notification, such modifications of a utility's procedures as it
				considers reasonably necessary to carry out the purposes of this
				rule.
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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1415 - PAYMENT ARRANGEMENTS

Current through Register Vol. 13, July 5, 2024
(1) When a customer
				cannot pay a bill in full, the utility may continue to serve the customer if
				the customer and the utility can agree on a reasonable portion of the
				outstanding bill to be paid immediately, and the manner in which the balance of
				the outstanding bill shall be paid.
(2) In deciding on the reasonableness of a
				particular agreement, the utility shall take into account the customer's
				ability to pay, the size of the unpaid balance, the customer's payment history,
				and the amount of time and reasons why the debt is outstanding.
(3) If a customer fails to make the payment
				agreed upon by the date that it is due, the utility may, but is not obligated
				to, enter into a second such agreement.
(4) No such agreement or settlement shall be
				binding upon a customer if it requires the customer to forego any right
				provided for in 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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1416 - IDENTIFICATION OF LANDLORD CUSTOMERS

Current through Register Vol. 13, July 5, 2024
(1)
				Utilities shall determine, prior to termination, whether the residence subject
				to termination is occupied by a tenant.
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 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1417 - NOTICE TO COMMISSION OF TERMINATIONS AFFECTING TENANTS

Current through Register Vol. 13, July 5, 2024
(1) Notwithstanding anything contained
				elsewhere in these rules, prior to any termination for nonpayment which would
				affect tenants, the utility shall notify the Commission in writing of the
				proposed termination. Upon notice and investigation of such proposed
				termination, or during any hearing pursuant to the complaint procedures
				provided for in ARM
				38.2.2101 et seq., the Commission
				may make inquiry of the parties as to the following matters, among others:
(a) The amount the tenants have paid to the
				utility in relation to the amount equal to one month's bill, and the arrearage
				on any earlier bill due from tenants;
(b) The number of vacant units in the
				building;
(c) The extent to which
				the tenants have control over their source of money for rent payments,
				including such matters as the lateness of public assistance checks, direct rent
				payments by the Welfare Department to the tenants' landlord, or participation
				by tenants in a leased housing or rental assistance program;
(d) Whether the tenants are engaged in rent
				withholding against their landlord;
(e) The amount of payments recently received
				by the utility from the landlord and the size of the past due bill of the
				landlord;
(f) Whether the utility
				has pursued collection remedies, other than threatened termination of service,
				against the landlord;
(g) Weather
				conditions;
(h) The existence of
				illness of persons residing in the affected units;
(i) The ages of the persons residing in the
				affected units;
(j) The
				availability of other housing to the tenants; and
(k) The existence of, or potential for,
				termination of service by other companies.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.14 - Termination of Gas and Electric Service › Rule 38.5.1418 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) If hardships result from the application
				of any of these termination rules, or if unusual difficulty is involved in
				complying with any of these rules, application may be made by any utility to
				the Commission for permanent or temporary exemption from its provision, but
				such application shall be supported by full and complete justification for such
				action.
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 38.5.15 - Rate Information to be Provided by Electric Utilities › Rule 38.5.1501 - EXISTING RATE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Each electric
				utility shall transmit to each of its consumers a clear and concise statement
				containing the existing rate schedule applicable to such consumer.
(2) The statement of existing applicable rate
				schedule shall be sent at least once each year to each consumer, the initial
				statement to be sent within 90 days of adoption of this rule, or within 60 days
				of commencement of service to new consumers, whichever is later. If the
				applicable rate schedule is changed during the course of any year, a statement
				of the new rate schedule shall be sent to each consumer concurrent with the
				bill which reflects for the first time the change in rate.
(3) Each electric utility shall transmit to
				each of its electric consumers not less frequently than once each year a clear
				and concise summary explaining the existing rate schedules applicable to each
				of the major classes of its electric consumers for which there is a separate
				rate and shall identify each class of consumer whose rates are not
				summarized.
(4) The summary may be
				transmitted with the consumer's bill or in such other manner that each electric
				utility deems appropriate.
Secs.
					 2-4-303
					 and
					 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 38.5.15 - Rate Information to be Provided by Electric Utilities › Rule 38.5.1502 - PROPOSED RATE CHANGES INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 2-4-303
					 and
					 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 38.5.15 - Rate Information to be Provided by Electric Utilities › Rule 38.5.1503 - OPTIONAL OR ALTERNATIVE RATE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				Within 60 days of any establishment of optional or alternative rate schedules,
				and annually thereafter, the utility shall furnish each consumer who may be
				affected by them, a summary of the applicable rate schedules, together with a
				notice calling the attention of the consumer to the availability of alternative
				rate schedules for the consumer's particular class of service and stating that,
				upon request, the utility will assist the consumer in determining the billing
				for such service as is specified by the consumer under the various rate
				schedules.
Secs.
					 2-4-303
					 and
					 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 38.5.15 - Rate Information to be Provided by Electric Utilities › Rule 38.5.1504 - INDIVIDUAL CONSUMPTION INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Each
				electric utility, upon request of a consumer, shall deliver to the consumer a
				clear and concise written summary of the actual consumption of electric energy
				by the consumer during each billing period of the previous 12 months if such
				data is reasonably ascertainable by the utility.
Secs.
					 2-4-303
					 and
					 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 38.5.15 - Rate Information to be Provided by Electric Utilities › Rule 38.5.1505 - INFORMATION TO BE KEPT IN UTILITY OFFICES

Current through Register Vol. 13, July 5, 2024
(1)
				Each electric utility shall keep on file in every office of the utility where
				payments are received, copies of its rate schedules and rules and regulations
				applicable thereto. Reasonable notice shall be given consumers as to where this
				information is available.
Secs.
					 2-4-303
					 and
					 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 38.5.15 - Rate Information to be Provided by Electric Utilities › Rule 38.5.1506 - BILLING DISPUTE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Each electric
				utility shall assign to one or more of its personnel in each of its offices
				where it transacts business with the public, the duty of hearing, in person,
				any dispute by a consumer. Such personnel shall consider the consumer's
				allegations and shall explain the consumer's account and the utility's
				contentions in connection therewith. Such personnel shall be authorized to act
				on behalf of the utility in resolving the complaint and act on behalf of the
				utility in resolving the complaint and shall be available during all business
				hours for the duty hereinbefore described.
Secs.
					 2-4-303
					 and
					 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 38.5.16 - Master Meters in New Buildings › Rule 38.5.1601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule:
(a) "New building" means:
(i) any building the construction of which
				commenced six months after the effective date of these rules; and
(ii) any existing building in which the
				replacement of the electrical system is commenced six months after the
				effective date of these rules, in which there are more than one unit and the
				occupant of each such unit has control over a portion of the electric energy
				used in such unit.