Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.6 - Definitions › Rule 38.2.601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The definitions contained in
				69-12-101,
				69-1-101,
				69-13-101,
				69-3-101, and
				69-14-101, MCA, shall be
				applicable to all rules and regulations of the commission, and unless otherwise
				defined the following terms shall have the following meanings:
(a) "Public utility or utility" means and
				includes any business which the commission is authorized to supervise, control
				and regulate.
(b) "Commission"
				means the public service commission of the state of Montana.
(c) "Commissioners" mean the duly elected
				public service commissioners.
(d)
				"Commission staff" means all persons employed or retained by the
				commission.
(e) "Hearing" means any
				public meeting in a contested case on any matter that is noticed for "hearing"
				by the commission in accordance with applicable statutes at which an
				opportunity shall be given to all interested persons to present such written
				and/or oral testimony as the commission shall deem relevant and material to the
				issues.
(f) "Examiner" means a
				commissioner or a member of the commission staff, or other representative duly
				designated by the commission to take evidence and propose an appropriate order
				or decision.
(g) "Petition" means a
				request for relief filed with the commission pertaining to enforcement or
				alteration of any act, policy, order, or directive of the commission.
(h) "Application" means a request
				to the commission for the issuance of a certificate and/or authority to perform
				a service as a public utility or for the purpose of setting, increasing or
				lowering rates to be charged for such services.
(i) "Complaint" means a request for relief
				regarding anything done or omitted to be done by the commission or any per-son
				over whom it has jurisdiction in violation of any law, rule, regulation or
				order administered or promulgated by the commission, pertaining to matters over
				which it has jurisdiction.
(j)
				"Motion" means a request for relief filed with the commission.
(k) "Pleading" means any application,
				petition, complaint, answer, protest, motion or other formal written statement
				filed with the commission in any formal proceeding.
(l) "Document" means any other written
				submission at a formal proceeding which is not a pleading. This includes items
				such as reports, exhibits and studies.
(m) "Person" means any individual,
				partnership, corporation, association, governmental subdivision, or other
				identifiable public or private organization of any character who appears before
				the commission for any purpose, but who is not a party to the
				proceeding.
(n) "Party" means an
				individual, partnership, corporation, governmental body, or other identifiable
				group or organization, who initiates a commission proceeding by filing a
				complaint, application, protest or a petition with the commission; or who is
				named as a defendant or respondent; or who is named or admitted by the
				commission or hearings examiner to a formal proceeding and whose legal rights,
				duties and privileges will be determined by the commissioners' final decision.
(o) "Tariff filing" means the
				submission of a document to the commission by a public utility seeking to
				increase or decrease rates currently in effect, or seeking to establish rates
				where none currently exist; or seeking to establish, cancel or amend rules in a
				tariff.