reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2301 - SCOPE AND COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter
				requires pipeline facilities subject to 49 Code of Federal Regulations (CFR)
				parts 192 and 193 to test employees for the presence of prohibited drugs and
				prohibited alcohol misuse and provide an employee assistance program.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2302 - INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS - DRUG AND ALCOHOL TESTING AND PREVENTION PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as otherwise provided in this subchapter, the commission adopts and
				incorporates by reference the DOT Pipeline Safety Regulations, Drug and Alcohol
				Testing, 49 CFR
				199, including all revisions and amendments
				enacted by DOT on or before November 17, 2023. A copy of the referenced CFRs is
				available from the United States Department of Transportation, Office of
				Pipeline Safety, Western Region, 12300 West Dakota Avenue, Suite 110, Lakewood,
				Colorado 80228, or may be reviewed at the Public Service Commission Offices,
				1701 Prospect Avenue, Helena, Montana 59620-2601.
AUTH:
					 69-3-207, MCA; IMP:
					 69-3-207,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2303 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2304 - DRUG AND ALCOHOL TESTING - EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1)
				This subchapter does not apply to any pipeline or transportation activity to
				which the commission has not accepted jurisdiction.
(2) When applicable all drug and alcohol
				testing of employees shall be done in accordance with
				39-2-205
				through
				39-2-211,
				MCA. Nothing contained in this subchapter shall be construed or applied in a
				manner inconsistent with the provisions and requirements of
				39-2-205
				through
				39-2-211,
				MCA.
(3) In the event of any
				conflict in law, the substantive and procedural provisions of
				39-2-205
				through
				39-2-211,
				MCA, and the substantive and procedural provisions of the commission in this
				subchapter shall prevail over any federal provision adopted by the commission
				by reference.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2305 - DOT Procedures (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2307 - Anti-Drug Plan (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2309 - Use of Persons Who Fail or Refuse a Drug Test (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2311 - Drug Tests Required: Pre-Employment, Post-Accident, Reasonable Cause and Return to Duty (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2313 - Drug Testing Laboratory (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2315 - Review of Drug Testing Results: Medical Review Officer (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2317 - Retention of Samples and Retesting (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2319 - EMPLOYEE ASSISTANCE PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2321 - CONTRACTOR EMPLOYEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2323 - RECORDKEEPING (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2325 - SCOPE AND COMPLIANCE - ALCOHOL MISUSE PREVENTION PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.23 - Pipeline Safety - Drug Testing › Rule 38.5.2327 - INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS - DRUG AND ALCOHOL TESTING AND PREVENTION PROGRAMS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  38.5.2302
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2401 - GENERAL PROHIBITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-4-601,
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2402 - PERMITTED CHARGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2403 - DETERMINATION OF NECESSARY AND REASONABLE EXPENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2404 - EXCEPTIONS TO NECESSARY AND REASONABLE EXPENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-301,
					 MCA; IMP,
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2405 - AVERAGE COSTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2406 - PREPARATION AND SERVICE OF ESTIMATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2407 - BIENNIAL REVIEW (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2410 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this subchapter:
(a) "Cost schedule" includes costs to the
				utility for work to be done directly by the utility and costs to the utility
				for work to be done indirectly by the utility through contract.
(b) "Utility" means a public utility
				(including a regulated telecommunications carrier or provider), a cable
				television company, and an unregulated telecommunications carrier or provider,
				but does not include electric cooperatives.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.24 - Permissible Utility Charges for the Purpose of Accommodating House and Other Structure Moves › Rule 38.5.2414 - CHARGES FOR RAISING OR CUTTING OF WIRES OR CABLES OR MOVING POLES TO ACCOMMODATE THE MOVEMENT OF STRUCTURES

Current through Register Vol. 13, July 5, 2024
(1) By
				April 1 of each year all utilities owning or controlling wires, cables, or
				poles in a location which may impede the movement of structures must file a
				cost schedule for commission review. The cost schedule must be accompanied by a
				narrative explaining the bases for each of the costs in the cost schedule and
				work papers demonstrating calculation of each of the costs in the cost
				schedule. Costs within cost schedules must be on a per unit of time basis
				(e.g., per hour) unless the particular cost is unsuitable to that basis (e.g.,
				parts, materials).
(2) Cost
				schedules will become effective on an interim (temporary) basis no later than
				30 days following the date filed with the commission unless the commission
				rejects the cost schedule on the basis that it appears the schedule includes
				costs that are above cost. The commission may notice cost schedules to the
				public and interested persons, allowing for intervention, discovery, opposing
				testimony, and hearing.
(3) The
				person moving the structure is not responsible for costs resulting from delays
				caused by a utility crew, a government crew, or force majeure.
69-3-103,
					 MCA; IMP,
					 69-4-602
					 and
					 69-4-603,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2501 - GENERAL RULES FOR PRIVATELY OWNED WATER UTILITIES

Current through Register Vol. 13, July 5, 2024
(1) The following general rules shall be
				effective for all privately owned water utilities subject to the regulatory
				jurisdiction of the Public Service Commission. For the purposes of these rules,
				where the term "utility" is used, it shall mean privately owned water
				utilities, and where the term "Commission" is used, it shall mean the Montana
				Public Service Commission.
(2)
				Certain of the following general rules allow a utility to adopt, subject to the
				approval of the Commission, special rules to fit the utility's local
				conditions. If a utility adopts any special rules, and an apparent conflict
				arises between the special rules and these general rules, the general rules
				shall govern.
(3) All privately
				owned water utilities must have commission-approved tariffs filed with the
				commission, pursuant to Title 69, MCA, and its corresponding administrative
				rules, including penalties as provided by statute.
(4) All privately owned water utilities must
				file a rate application in accordance with the minimum rate case filing
				standards of ARM
				38.5.101,
				et seq., or in accordance with the simplified regulatory treatment options
				rules of ARM
				38.5.2527.
(5) As good cause appears and as
				justice may require, a utility may petition the commission to waive the
				application of any rule, pursuant to ARM
				38.2.305.
(6) Nothing contained in these
				rules shall be construed to limit the statutory and constitutional authority of
				the Montana Consumer Counsel to participate and represent the interests of the
				utility ratepayers in these proceedings.
AUTH:
					 69-3-102,
					 MCA; IMP:
					 69-3-102,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2503 - PROVISION OF WATER SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Service pipes.
				Service pipes shall be so arranged that the supply of each separate building,
				house or premises, may be controlled by a separate curb cock, placed within or
				near the line of the street curb, under rules established by the utility or
				civil authorities, except as provided in ARM
				38.5.2509(3).
				This curb cock and box must be easily accessible and must be kept in repair by
				the owner of the premises.
(2) Stop
				and waste cock. A stop and waste cock must be placed at some convenient point
				inside of the building located where it cannot freeze, and where water from the
				building can be readily shut off, and the water pipes drained to prevent
				freezing.
(3) Waste of water. Waste
				of water is prohibited, and consumers must keep their fixtures and service
				pipes in good working order at their own expense, and keep all waterways closed
				when not in use. Leaky fixtures must be repaired at once without waiting for
				notice from the utility. If reasonable notice is given by the utility and the
				repair is not made, the water will be shut off by the utility without further
				notice.
(4) Limitations on
				connections. No plumber or other person will be allowed to make connection with
				any conduit, pipe or other fixture or to connect pipes when they have been
				disconnected, or to turn water off or on, on any premises without permission
				from the utility.
(5) Mains. Before
				a utility is required to provide water service to a consumer, the utility's
				system of service mains must presently be in place at the point where service
				is desired.
(6) Extension of mains.
(a) Before a utility commences construction
				of a new water system or major alteration or extension of an existing public
				water system, an engineering report along with necessary plans and
				specifications for the public water system shall be submitted to the department
				of health and environmental sciences, water quality bureau, for review and
				approval pursuant to section
				75-6-112(4),
				MCA, and the rules of the department of health and environmental
				sciences.
(b) The utility shall
				make provisions in its tariff for the extension of service mains through
				special rules to be approved by the commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2504 - CONSUMER DISCONTINUANCE OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1)
				Permanent Discontinuance. A consumer who, for any reason, including the
				vacating of the premises, wishes to have the water service permanently
				discontinued, shall give the utility at least 24 hours' notice and shall
				specify the date that service be discontinued. Until the utility has received
				such notice, the consumer shall be held responsible for all service rendered to
				the premises.
(2) Temporary
				Discontinuance. If a consumer wants to temporarily discontinue the water
				service, as in instances of seasonal use, the consumer shall notify the utility
				of the request. The utility may, subject to approval of the Commission, adopt
				special rules to fit local conditions for temporary discontinuance. The utility
				may assess the consumer a reconnection charge as provided in ARM
				38.5.2505(2).
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2505 - UTILITY DISCONTINUANCE OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1)
				Notice of Discontinuance.
(a) No utility
				shall discontinue service to any consumer for violation of rules or for
				nonpayment of bills, without first having tried diligently to induce the
				consumer to comply with its rules, or to pay outstanding bills. A record of
				these efforts must be maintained by the utility.
(b) A utility may not terminate service to
				any consumer unless written notice is sent by first class mail to the consumer
				that bills are ten or more days delinquent, or that the violation of the rules
				must cease. 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, or personally serve the customer at least ten days prior to the date of
				the proposed termination. If no response to the second notice is received
				within ten days of mailing or service, the utility shall leave notice in a
				place conspicuous to the consumer that service will be terminated on the next
				business day unless the delinquent charges have been paid or the violation of
				the rules have ceased.
(c) A
				utility may terminate water service without advance notice to the consumer when
				the utility's regulating or measuring equipment has been tampered with, or
				where the fraudulent use of water service by an unauthorized person is
				detected. The utility may assess a reconnection charge as provided in ARM
				38.5.2505(2) 
				before service is recontinued.
(d)
				All disconnections shall be performed by the utility between the hours of 8:00
				a.m. and 12:00 noon, and in no case shall the utility discontinue service on
				Friday, Saturday, Sunday, or a day prior to holiday except as provided in ARM
				38.5.2505(1)
				(c).
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2506 - GENERAL FLAT RATE AND METER RATE RULES

Current through Register Vol. 13, July 5, 2024
(1)
				The
following general flat rate and meter rate rules shall not be
				  construed to mean that any utility must have both flat rates and meter rates. A
				  utility may adopt, subject to the approval of the Commission, either a flat
				  rate or a meter rate schedule, or both. In addition to the general flat rate
				  and meter rate rules, a utility may adopt, subject to the approval of the
				  Commission, other rules to be designated as special rate rules, to fit local
				  conditions.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2507 - FLAT RATES

Current through Register Vol. 13, July 5, 2024
(1) Water Uses. The
				flat rate will cover the use of water for domestic, commercial and industrial
				uses, lawn sprinkling and any other purposes enumerated on the rate sheet
				covering flat rate services.
(2)
				Additional Fixtures. If a consumer on a flat rate schedule wants to install
				additional fixtures or wants to apply the water to purposes not stated in the
				original application, written notice must be given the utility prior to such
				installation or change of use. If a consumer places new fixtures on the
				premises without notifying the utility, when such fixtures are discovered, a
				charge will be made for the extra fixtures at schedule rates for the length of
				time such fixtures have been installed.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2508 - METER RATES

Current through Register Vol. 13, July 5, 2024
(1) Meter rates
				will apply to all water services as indicated on the utility's tariff schedule.
				Any consumer wanting to receive water by meter measurement may have a meter
				placed by the utility under the following meter rules. Meters may be installed
				on any service when they become necessary to prevent waste of water.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2509 - UTILITY TO PROVIDE METERS

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise authorized by the Commission, each utility shall provide and install
				at its own expense and shall continue to own, maintain, and operate all
				equipment necessary for the regulation and measurement of water, in accordance
				with tariff or contract provisions, to its consumers. Where additional meters
				are requested by the consumer and are furnished by the utility for the
				convenience of the consumer, a charge for such meters may be made to the
				consumer.
(2) The utility will not
				make collections for any secondary meters, and all water rents of any single
				meter must be paid by one consumer when supplied by meter measurement from one
				service. The utility, however, may enclose the readings of secondary meters
				with the bill for the single meter service.
(3) In no case will the utility furnish water
				from one meter to two or more connections, except where master metering is
				being used.
(4) The utility may
				install or replace any meter at such time as it may see fit and shall determine
				the size of any meter installed.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2510 - LOCATION OF METERS

Current through Register Vol. 13, July 5, 2024
(1) In all cases
				where a meter is installed the consumer must furnish proper protection from
				frost or other damage, and the meter must be located where it is easily
				accessible for reading purposes and repairs. Where necessary for protection, a
				standard form of meter box will be placed by the utility. The actual cost of
				the box shall be paid by the consumer. After such protective receptacle is
				placed the utility will furnish and connect the meter, and maintain the same in
				good condition.
(2) Remote Meters.
				When a meter is located inside a home or building, the utility may install, at
				utility's expense, a remote register or dial on the exterior of a home or
				building accessible for meter reading.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2511 - METER READING

Current through Register Vol. 13, July 5, 2024
(1) The utility
				shall normally read meters for all urban consumers at monthly or bimonthly
				intervals and for all rural consumers at regular intervals up to six months.
				The day of the month for reading any meter as determined by the utility shall
				as closely as practicable be the same for each reading. The utility at its
				option, subject to the approval of the Commission, may read the meters at less
				frequent intervals if in the opinion of the utility such procedure tends to
				result in operating economies, but in no instance shall a meter be read less
				than once in six months.
(2) In
				months when meters are not read, the utility may provide the consumer with a
				postcard and request the consumer to read the meter and return the card to the
				utility. If such postcard is not received by the utility in time for billing,
				the utility may estimate the meter reading and render a bill
				accordingly.
(3) The consumer shall
				allow the utility reasonable access to the premises receiving water service for
				the reading of meters.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2512 - METER ACCURACY

Current through Register Vol. 13, July 5, 2024
(1) Accuracy
				Dispute. In case of a dispute as to the accuracy of a meter, the consumer, may
				demand that the meter be removed, and tested as to accuracy, in his presence.
				If the meter is found to be registering correctly or in favor of the consumer,
				the cost of such testing and replacing of the meter shall be borne by the
				consumer. If the meter is found to be recording incorrectly and against the
				consumer, the cost of such testing and replacing of the meter shall be borne by
				the utility. A meter registering not in excess of plus or minus two percent of
				accuracy shall be deemed to be registering correctly.
(2) If an over collection or under collection
				error in billing has occurred due to an inaccurate meter, the utility shall
				follow ARM
				38.5.2503(8).
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2513 - METER TESTS

Current through Register Vol. 13, July 5, 2024
(1) Sample Tests.
				The utility shall select a sample of five percent of all of its meters in
				service each year for testing the accuracy of its registration.
(2) Fast Meters. If, upon test of any meter,
				the meter is found to have an average error of more than two percent fast, the
				utility shall follow ARM
				38.5.2505(8) to
				reconcile the billing error.
(3)
				Dead Meters. If a meter is found not to register for any period, the utility
				shall compute the water used by taking the average of the water used for the
				meter-reading period preceding and the meter-reading period following the date
				when the meter was found to be dead, which amount shall be assumed to be the
				amount of water used by the customer during the billing period in which the
				meter was found dead. Exceptions will be made to this rule if the facts clearly
				show that the above method does not give the correct consumption for the
				period.
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2514 - METER BILLING

Current through Register Vol. 13, July 5, 2024
(1) Where an
				overcollection or undercollection error in billing has occurred, the utility
				shall follow ARM
				38.5.2503(8).
(2) Water consumers are not permitted to
				interfere in any way with the meter after it is set in place. In case the meter
				seal is broken or the working parts of the meter have been tampered with or the
				meter damaged, the utility may render a bill for the current month, based on an
				average of the last two months, together with the full cost of such damage as
				has been done to the meter, and may refuse to furnish water until account is
				paid in full as provided in ARM
				38.5.2505(1)
				(c).
Sec.
					 69-3-102,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2526 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Contribution in aid of construction"
				means any money, services, or property received by a water or sewer utility to
				fund capital investments at no cost to the company with no obligation to
				repay.
(2) "Customer" means any
				individual or entity supplied with water or sewer service by means of a water
				or sewer line that connects a single building or living unit to the utility's
				water or sewer system. For purposes of these rules, each single building or
				living unit connected to the utility's system is one customer.
(3) "Operating ratio" means the ratio of a
				utility's operating expenses to operating revenues. For purposes of ARM
				38.5.2529, a small water or sewer
				utility's operating ratio will be determined based on the expense and revenue
				information required to be submitted by the utility on the department's
				operating ratio methodology form referred to in ARM
				38.5.2529(2).
(4) "Small water or sewer utility" means a
				water or sewer utility subject to the commission's jurisdiction that serves
				fewer than 500 customers.
69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA; IMP,
					 69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2527 - SIMPLIFIED REGULATORY TREATMENT OPTIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Two simplified regulatory treatment options are available to a small water or
				sewer utility that allow it to propose rates by a method other than filing a
				rate application in accordance with the minimum rate case filing standards of
				ARM
				38.5.101,
				et seq. Option (b) is only available to establish a utility's initial tariff
				rates with the commission; a utility that has previously had rates on file with
				the commission is not eligible for this rate. The options are:
(a) filing an operating ratio rate
				application in accordance with the operating ratio methodology as described in
				ARM
				38.5.2529;
				or
(b) filing a standard rate
				application requesting adoption of the Montana Department of Natural Resources
				and Conservation's most recent water and sewer rate study's monthly water
				average and/or monthly wastewater average for populations less than
				500.
(c) filing a rate application
				requesting adoption of the Montana Department of Natural Resources and
				Conservation's most recent water and sewer rate study's monthly water average
				and/or monthly wastewater average for populations less than 500.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2529 - OPERATING RATIO METHODOLOGY

Current through Register Vol. 13, July 5, 2024
(1) This option is
				available only to a small water or sewer utility that has been operating under
				commission-approved tariffed rates for at least three years. A small water or
				sewer utility electing this simplified option must file a rate application with
				the commission using the operating ratio methodology to determine the
				appropriate rates to be charged by the utility.
(2) The commission will make available the
				forms and schedules to calculate the operating ratio which must be completed
				and included by the utility in the rate application. The forms are available
				upon request from the commission or by obtaining them from the commission's web
				site at www.psc.mt.gov [File Link Not Available].
(3) The commission will determine whether an
				increase or decrease in operating revenues is justified by dividing the
				utility's reasonable and legitimate operating expenses by the target operating
				ratio of 80 percent, and subtracting that amount from the operating revenues. A
				positive difference will result in a rate decrease; a negative difference will
				result in a rate increase.
(4) No
				later than ten days after filing the application, the utility must notify its
				customers in writing of the application and the proposed rate changes. The
				notice shall provide, at a minimum:
(a) the
				filing date of the rate application;
(b) a statement that the utility filed its
				application without the necessary costs of preparing for a hearing; however, a
				formal public hearing will be held if at least 20 percent of the utility's
				customers or the Montana Consumer Counsel submits a written request for
				hearing;
(c) the current rate, the
				proposed rate, and the percentage of the difference between the two;
(d) a statement that customers may contact
				the utility, the Montana Consumer Counsel, or the commission regarding the
				application and contact information for the utility, the Montana Consumer
				Counsel, and the commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2530 - PURCHASED WATER COST PASS-THROUGH OPTION

Current through Register Vol. 13, July 5, 2024
(1) A
				small water or sewer utility may file an application for authorization to pass
				through price changes (increases and decreases) relating to the cost of
				purchased water obtained from a local municipality or from other entities which
				are not affiliated interests.
(2)
				Following commission approval of the establishment of a purchased water cost
				pass-through mechanism, the utility shall timely revise and refile its
				pass-through rate tariff as its costs of purchased water change.
(3) A purchased water cost pass-through
				tariff shall be revised and refiled within 60 days of a decrease in purchased
				water costs, and shall be designed to pass through to customers the entire
				reduction in purchased water costs from the date the reduction becomes
				effective. A purchased water cost pass-through tariff may be revised and
				refiled at any time after an increase in purchased water costs, and shall be
				designed to recover cost increases prospectively from the date of filing
				only.
69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA; IMP,
					 69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2531 - RESERVE ACCOUNT

Current through Register Vol. 13, July 5, 2024
(1) The commission
				may authorize a small water or sewer utility to establish a reserve account. A
				reserve account is funded by customer contributions collected through rates for
				the purpose of making capital improvements to a utility plant pursuant to a
				long-range plan approved by the commission, or as required to assure compliance
				with state or federal safe drinking water statutes or regulations. The burden
				of demonstrating that actual or proposed expenditures are reasonable and in the
				public interest shall be borne by the utility.
(2) The amounts to be allocated to the
				reserve account will be determined by the commission after review of the
				utility's proposed capital budget and the justification for that
				budget.
(3) Funds in the reserve
				account shall be kept in a separate interest-bearing cash account. Interest
				accrued shall be credited to the reserve account and shall become part of the
				corpus of the reserve account.
(4)
				The utility must deposit all funds collected from customers for the reserve
				account at the close of each customer billing period and, in any event, no less
				frequently than quarterly.
(5)
				Funds from the account shall not be employed for a purpose other than those
				permitted under this section. Disbursements from the fund shall not be made
				without written authorization by the commission upon petition, shall be
				restricted to the uses in (1), and shall be made in accordance with a capital
				budget submitted with the initial rate filing or as modified with the consent
				of the commission.
(6) The utility
				shall report all disbursements from the reserve account by written notice to
				the commission and to other persons as the commission may direct within ten
				days of disbursement. In addition, the utility must provide by March 1 of each
				year a verified statement from the financial institution that houses the
				reserve account that shows all account transactions for the preceding calendar
				year. Disbursements from the reserve account which are found by the commission
				to have been made improperly, or in violation of any statute, regulation, or
				order of the commission shall be returned to the account or be refunded to
				ratepayers as the commission may direct. A person who makes, authorizes, or
				directs an improper or illegal disbursement of reserve funds shall be subject
				to the provisions of
				69-3-209,
				MCA.
(7) Plant capitalized by means
				of the reserve account shall be accounted for as a contribution in aid of
				construction.
(8) In the event of a
				change of ownership of the small water or sewer utility, all funds in the
				reserve account must remain the property of the utility to be used for
				commission-approved purposes.
69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA; IMP,
					 69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.25 - Privately Owned Water Utilities › Rule 38.5.2532 - RATEBASE TREATMENT OF SUBDIVISION-RELATED WATER OR SEWER UTILITY ASSETS - PRESUMPTION OF RECOVERY

Current through Register Vol. 13, July 5, 2024
(1) When a small
				water or sewer utility that has been built in connection with a subdivision
				elects to file a rate application pursuant to the commission's minimum rate
				case filing standards, ARM
				38.5.101, et seq., or pursuant to
				one of the simplified regulatory treatment options, there is a rebuttable
				presumption that the value of original utility plant and assets has been
				recovered in the sale of lots in a development to be served by the small water
				or sewer utility.
69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA; IMP,
					 69-2-101,
					 69-3-103,
					 69-3-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.26 - Additional Utility Requirements › Rule 38.5.2601 - RATE TARIFF FILING

Current through Register Vol. 13, July 5, 2024
(1) Every utility
				which changes its tariff sheets for rates, tolls and charges, pursuant to
				69-3-302,
				MCA, shall file the tariff sheets with the commission.
(2) Every utility which changes its price
				list sheets for rates, tolls and charges or its detariffed service sheets,
				shall file the sheets with the commission.
(3) All tariff, price list and detariffed
				service sheet filings shall be accompanied by a letter of transmittal
				describing the type of filing and including the information required in ARM
				38.5.2801.
(4) An original and ten copies of all tariff
				filings which propose a rate increase shall be filed with the commission. An
				original and three copies of all price lists and other types of filings, shall
				be filed.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-204,
					 69-3-301,
					 69-3-302 and
					 69-3-304,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.26 - Additional Utility Requirements › Rule 38.5.2602 - ANNUAL REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Every utility
				is required to file an annual report with the commission pursuant to
				69-3-203,
				MCA.
Rules
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-203
					 and
					 69-3-204,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.26 - Additional Utility Requirements › Rule 38.5.2603 - ADVANCED METERING OPT-OUT PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1)
				Electric and natural gas utilities shall provide customers with the option to
				remove an installed advanced metering device and replace it with an alternative
				meter approved by the commission, or to decline installation of an advanced
				metering device and retain the existing meter, as guided by a cost-based
				opt-out service tariff. An advanced metering device or advanced meter shall be
				defined as set forth in Montana Code Annotated. As used in this rule,
				"alternative meter" means all other meters that do not satisfy the definition
				of advanced metering device or advanced meter.
(2) Prior to installation of an advanced
				metering device, the utility shall give written notice to the customer at least
				60 days in advance. Such notice shall clearly describe the opt-out process
				available to the customer and must include the following language: "Montana law
				allows customers to opt-out of the use of advanced metering devices according
				to terms and conditions set by the Montana Public Service Commission. No
				utility company can require the use of an advanced metering device. If you have
				questions about your opt-out rights, please contact the Montana Public Service
				Commission at 1-800-646-6150."
(3)
				The utility shall notify the customer of the following if a customer expresses
				interest in using an alternative meter:
(a)
				The customer will be required to pay the amount of the approved tariff charge
				determined by the commission, if applicable.
(b) The utility shall explain the facts
				concerning advanced meters and attempt to address any customer concerns prior
				to signing up a customer for opt-out service. To the extent that the utility
				offers multiple options for the customer to obtain or retain either an advanced
				meter or an alternative meter, the utility shall explain each option and the
				allowable charges, if any, and allow the customer to choose from the options
				available.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.26 - Additional Utility Requirements › Rule 38.5.2610 - UTILITY NOTICE TO CONSUMERS

Current through Register Vol. 13, July 5, 2024
(1) Public
				utilities, transmission service providers, distribution service providers, and
				other providers of utility services regulated by the commission, on filing with
				the commission an application for approval of a proposed initial tariffed rate
				or change in existing tariffed rates, must notify each current utility consumer
				subscribing to services which may be affected by the proposed change. Proposed
				changes in rates which are exempt from this notice requirement and a waiver
				procedure for proposed changes not specifically exempt are identified
				below.
(2) Notice required by this
				rule must be in writing and provided to each affected consumer within 60 days
				following the filing of the application for a proposed change with the
				commission. Notice may be through a bill message, bill insert, or separate
				mailing. A copy of the notice sent to consumers must be provided to the
				commission when utility notice to consumers is complete. In the event
				circumstances would otherwise allow the commission to issue a final order on an
				application for a proposed change, the commission will not issue a final order
				until at least 10 days following utility notice to the affected
				consumers.
(3) The notice shall
				inform consumers:
(a) of the effect the
				proposal may have on rates;
(b) of
				the amount of the change proposed, in percentage change compared to the
				existing rate or in dollars and cents per measured service or commodity unit
				supplied and per month or other billing cycle per unmeasured service or rate
				component;
(c) of the reason for
				the proposed change;
(d) that, if
				required by law or permissible in the commission's discretion, a hearing on the
				proposal may be held before the commission upon request to the commission by
				any person directly affected;
(e)
				that the time and location of any hearing on the proposal will be available
				from the commission (telephone number included) as soon as a hearing is
				scheduled; and
(f) that the
				consumer counsel (telephone number included) is available to represent consumer
				interests regarding the proposal.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2701 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				implement the policy of the state of Montana to maintain universal basic
				telecommunications service at affordable rates and, to the extent that it is
				consistent with maintaining universal service to encourage competition in the
				telecommunications industry, thereby allowing access by the public to advances
				in telecommunications technology.
(2) Regulatory jurisdiction exists over
				two-way switched, voice grade access and transport of communications
				originating and terminating in this state and nonvoice grade access and
				transport if intended to be converted to or from voice-grade access and
				transport. The commission retains the power to protect ratepayer interests by
				totally regulating the rates for telecommunication services that are provided
				on a monopoly basis.
(3) These
				rules, adopted pursuant to the Montana Telecommunications Act and in accordance
				with the Montana Administrative Procedure Act, may be cited as the Montana
				Telecommunications Act Rules.
Sec.
					 69-3-822,
					 MCA; IMP, Sees.
					 69-3-801
					 and
					 69-3-802,
					 MCA;