reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4116 - SAFEGUARDS

Current through Register Vol. 13, July 5, 2024
(1) In order to insure that the development
				of intraLATA competition will not be impeded following intraLATA equal access
				presubscription the following practices shall be observed by the local exchange
				carrier toll service provider:
(a) Customers
				who initiate service in an exchange following the implementation of
				presubscription should be provided with information concerning their carrier
				selection options at the time they sign up for service. The material and
				procedures employed in this process must be competitively neutral and approved
				by the commission prior to their use.
(b) When handling customer-initiated contacts
				regarding local service matters such as a change in service, local exchange
				carrier business office personnel may not engage in promotional efforts for the
				local exchange carrier's toll service offerings.
(c) When a customer contacts a local exchange
				carrier's business office to change their PIC from the local exchange carrier
				to a competitor, the transaction must be handled in a neutral manner (i.e., in
				the same manner as a PIC change from one competitor to another).
(d) Bills rendered to the customer shall
				identify the customer's presubscribed carrier(s) in a neutral manner.
(e) Letters of authorization (LOAs) submitted
				by a competitor prior to intraLATA presubscription implementation shall be
				accepted no earlier than 60 days prior to implementation. In case of multiple
				submission of LOAs, the last dated LOA shall be processed. LOAs must conform to
				ARM 38.5.3801 through
				38.5.3810 and
				69-3-1304,
				MCA.
(f) The local exchange carrier
				shall assume that customers who have an interLATA PIC freeze on their account
				prior to implementation of intraLATA presubscription wish to have the freeze
				extend to intraLATA toll service following intraLATA presubscription
				implementation.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4120 - DIALING PARITY PLANS

Current through Register Vol. 13, July 5, 2024
(1) Local exchange
				carriers shall file their toll dialing parity plans carrying out the intraLATA
				equal access presubscription implementation rules set forth in ARM
				38.5.4101 through
				38.5.4116. US West Communications,
				Inc. shall file its implementation plan six months in advance of its expected
				entry into the interLATA market and no later than August 8, 1998. All other
				local exchange carriers shall file their implementation plans within 60 days of
				receiving a bona fide request for intraLATA equal access presubscription or
				within 60 days of termination of waiver, whichever is later. Interested parties
				who wish to comment upon a local exchange carrier's toll dialing parity plan
				shall have a reasonable opportunity to comment on the plan.
(2) The local exchange carrier's toll dialing
				parity plan must describe how ARM
				38.5.4101 through
				38.5.4116 will be carried out and
				include the following:
(a) detailed
				information explaining how and when carriers will be notified of the local
				exchange carrier's implementation schedule;
(b) include the language to be used in, and
				the manner of distribution of, the customer notification letter;
(c) describe the local exchange carrier's
				anticipated cost of implementation, including the local exchange carrier's
				specific intraLATA presubscription costs, the vehicle that the local exchange
				carrier intends to use to recover implementation costs, and the cost recovery
				time frame; and
(d) describe the
				proposed incumbent local exchange carrier business office practices and sample
				scripts that demonstrate how local exchange carrier business office personnel
				will handle customer-initiated business office contacts with the incumbent
				local exchange carrier in its role as a local exchange service provider in a
				competitively neutral manner following implementation.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.42 - Registration Requirements and Obligations of Service Providers, Billing Aggregators, and Billing Agents › Rule 38.5.4201 - REGISTRATION REQUIREMENTS AND OBLIGATIONS OF SERVICE PROVIDERS, BILLING AGGREGATORS, AND BILLING AGENTS

Current through Register Vol. 13, July 5, 2024
(1) A service
				provider may not offer a product or service to a customer, the charge for which
				appears on the bill of a billing agent, nor forward such a charge to a billing
				agent, unless the service provider is registered with the commission pursuant
				to this rule.
(2) A billing
				aggregator may not forward to a billing agent charges for a service or product
				offered by a service provider unless:
(a) the
				billing aggregator is registered with the commission pursuant to this rule;
				and
(b) the service provider is
				properly registered pursuant to these rules.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.42 - Registration Requirements and Obligations of Service Providers, Billing Aggregators, and Billing Agents › Rule 38.5.4202 - REGISTRATION PROCEDURES FOR SERVICE PROVIDERS AND BILLING AGGREGATORS

Current through Register Vol. 13, July 5, 2024
(1) Billing aggregators and service providers
				must register on a form provided by the commission that is notarized and signed
				by two officers of the applicant. A copy of the application form is available
				from the commission or on the commission's internet website.
(2) Each applicant must file an original
				application, two paper copies and a copy in an electronic format specified by
				the commission.
(3) The applicant
				shall inform the commission of any change in the information provided in the
				application during the pendency of the application.
(4) When correspondence sent by the
				commission to a registered billing aggregator or service provider by mail or
				electronic mail to the mailing and electronic mailing addresses provided by the
				registrant is returned as undeliverable, the registrant will be removed from
				the list of registered providers and will no longer be registered. The
				commission will notify all registered billing aggregators and
				telecommunications carriers of the removal of the billing aggregator's or
				service provider's registration within two business days of the
				removal.
(5) The commission may
				reject a registration request if the commission finds that:
(a) the application is incomplete and the
				applicant does not take reasonable steps to provide the missing information;
				or
(b) the applicant has knowingly
				misrepresented or omitted a material fact on the application.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Residential customer" means a
				residential customer of a distribution utility.
(2) "Small customer" means a residential
				customer or a small natural gas commercial customer of a distribution
				utility.
(3) "Small natural gas
				commercial customer" means a commercial natural gas customer with usage per
				year on an individual account which averages under 500 dekatherm units (dkts)
				or 500 mcf (each mcf unit is one thousand cubic feet) or a new commercial
				customer whose individual account is estimated to average a monthly usage under
				500 dkts or mcf per year.
69-3-1404,
					 MCA; IMP,
					 69-3-1404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6002 - VERIFICATION OF SMALL CUSTOMER CHOICE OF SUPPLIER

Current through Register Vol. 13, July 5, 2024
(1) A supplier may not initiate or effect a
				change in a small customer's choice of supplier except when the supplier
				initiating the change has obtained the customer's written authorization in a
				form that meets the requirements in this rule. The supplier must retain this
				authorization for at least 12 months from the date of initiation of
				service.
(2) The letter of
				authorization shall be a separate document (or an easily separable document)
				that is delivered to the prospective customer along with the service contract.
				The letter of authorization shall contain the authorizing language described in
				(4), the sole purpose of which is to authorize a natural gas supplier to
				initiate a change in the customer's choice of supplier. The letter of
				authorization must be signed and dated by the customer who is responsible for
				payment of the natural gas account.
(3) The letter of authorization shall not be
				a part of any sweepstakes, contest or similar promotional program.
(4) At a minimum, the letter of authorization
				must be printed with a readable type of sufficient size to be clearly legible
				and must contain clear and unambiguous language that confirms:
(a) The customer's billing name and address
				and each account number to be covered by the change order;
(b) The decision to change the customer's
				choice of supplier from the current supplier to the prospective
				supplier;
(c) The customer's
				designation to the supplier to act as the customer's agent for the supplier
				change;
(d) The customer's
				understanding that by authorizing a change in supplier he or she authorizes
				access by that supplier to his or her usage and account information;
				and
(e) The customer's
				acknowledgement of receipt of the supplier's service contract and agreement to
				its terms and conditions.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6003 - COMPLAINTS OF UNAUTHORIZED SUPPLIER SWITCHES

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of a complaint alleging an
				unauthorized switch in a customer's supplier, or from the commission or its
				staff on behalf of a customer, the supplier that initiated the change shall
				produce the letter of authorization required by ARM
				38.5.6002. If the supplier fails
				to provide the letter of authorization or if it provides documentation that
				does not conform to the requirements of ARM 38.5.6002, the supplier change will
				be deemed invalid.
(2) A supplier
				which initiates a supplier change without authorization from the customer in
				accordance with these rules shall issue to the customer full credit or refund
				the entire amount of such customer's supply charges attributable to the
				supplier's service for the period during which the unauthorized service was
				provided. In addition, any charges incurred by the customer to re-establish
				supply service or to change the customer's supplier after the unauthorized
				switch shall be refunded or credited to the customer by the unauthorized
				supplier. The appropriate credit or refund must be issued within a period not
				to exceed 60 days from the date of the initial complaint from the customer,
				commission, or staff.
69-3-1404
					 and
					 69-8-403,
					 MCA; IMP,
					 69-3-1404
					 and
					 69-8-410,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6004 - SMALL CUSTOMER SERVICE CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) All rates,
				terms, and conditions for supply service must be provided to a small customer
				in a service contract, written in plain language. The service contract must
				include the letter of authorization required by ARM
				38.5.6002 and the letter of
				authorization must be returned by the customer to the supplier before any
				supply service is provided. The front page of a service contract shall
				prominently and clearly disclose in a uniform information label prescribed by
				the commission and as available on the commission's internet web site:
(a) the length of time the contract will be
				in effect;
(b) the effective price
				for supply service, in price per either dekatherm or mcf, whichever billing
				unit is used by the distribution services provider, for various levels of
				consumption typical for the customer's customer segment;
(c) whether the price is fixed or variable
				and, if variable, a general description of the potential range and possible
				causes of price variations and the pricing formula or index, as applicable;
				and
(d) the toll-free telephone
				number for customer inquiries and the hours during which the customer can
				contact the supplier at that number.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6005 - SUPPLIER TERMINATION OF SMALL CUSTOMER CONTRACT DUE TO CUSTOMER'S NONPAYMENT

Current through Register Vol. 13, July 5, 2024
(1) A supplier
				terminating a small customer's service contract because of nonpayment shall
				provide written notice to the customer and the customer's distribution services
				provider at least 14 days in advance of termination. The notice of contract
				termination to the customer must clearly state:
(a) the reasons for termination;
(b) the name, address and telephone number of
				the supplier representative or department who can address questions concerning
				the contract termination; and
(c)
				the date on which the supplier will terminate the service contract.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6006 - BILLS TO SMALL CUSTOMERS

Current through Register Vol. 13, July 5, 2024
(1) If charges for
				unregulated supply and energy services are combined with regulated charges on a
				single bill, the unregulated charges must be identified as unregulated and
				presented as separate line items.
(2) Bills must prominently identify the name
				of each company for which charges are billed in close proximity to each
				company's charges. Bills for small customers must provide each company's
				toll-free telephone number for billing inquiries.
(3) The commission's address and toll-free
				telephone number for customer complaints must appear on all bills for small
				customers.
(4) The payment due date
				must appear on all bills.
(5)
				Natural gas distribution utilities may enter into agreements with natural gas
				suppliers for billings and collections. The two companies must establish an
				efficient method of resolving customer inquiries and disputes. The billing
				entity must be able to provide the customer with the name, address, and
				telephone number of an employee or department responsible for customer dispute
				resolution.
(6) Bills for natural
				gas services must clearly itemize each service component and the charge
				associated with each service component, including:
(a) electricity supply;
(b) transmission and distribution;
(i) if charges for transmission and ancillary
				services are paid by a supplier and passed on to a retail customer in
				electricity supply charges, the supplier must identify the transmission portion
				of the charges;
(c)
				transition charges; and
(d)
				universal system benefits.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6007 - DEFAULT SUPPLIER

Current through Register Vol. 13, July 5, 2024
(1) The regulated
				natural gas distribution utility shall serve as the default supplier in its
				distribution service territory when a small customer is without supply service
				because the customer has not selected a competitive supplier or due to contract
				termination by a natural gas supplier, including termination for
				nonpayment.
(2) A customer
				receiving default supply service must remain in that service until his account
				is cleared with the default supplier. Once a customer's past due account is
				cleared, the customer may select a competitive service option from an
				alternative supplier. A default supplier may disconnect service to a customer
				who has not paid for its distribution services or default natural gas supply
				services. The deposit and termination rules of the commission apply to a
				default supplier (see ARM
				38.5.1101 through
				38.5.1112 and ARM
				38.5.1401 through
				38.5.1418 ).
(3) After a competitive bid solicitation, a
				regulated natural gas distribution utility may contract with a third-party
				supplier to acquire the necessary natural gas supply to allow the distribution
				provider to meet its default supplier obligations. The regulated natural gas
				distribution utility is responsible for ensuring compliance with the
				commission's deposit and termination rules.
69-3-1404,
					 MCA; IMP,
					 69-3-1404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6008 - SERVICE DISCONNECTION

Current through Register Vol. 13, July 5, 2024
(1) A regulated
				natural gas distribution utility may not shut off or deny regulated natural gas
				distribution service to a customer due to the customer's failure to pay for
				unregulated service or service provided by another entity.
(2) Regulated distribution utilities may
				offer agreements to landlord small customers to allow them to authorize the
				utility to switch a rental unit's natural gas service to the default supplier
				or to a specified competitive supplier in the event of a tenant customer's
				service termination.
69-3-1404,
					 MCA; IMP,
					 69-3-1404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6009 - SUPPLIER COMPLAINT PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Each
				licensed supplier shall have an internal customer complaint procedure which
				allows for complete, fair and timely decisions and responses regarding
				complaints by customers. Suppliers shall keep a record of customer
				complaints.
(2) The commission
				shall resolve disputes among suppliers and small customers regarding the
				provisions of this rule according to the following procedures:
(a) Each supplier must provide at least one
				employee, (whose duties need not be limited to this obligation) during business
				hours to respond to questions and resolve complaints from customers and to work
				with the commission and its staff on complaint resolution;
(b) When a supplier becomes aware of a
				complaint by a customer, the supplier must investigate the complaint, report
				the results of its investigation to the customer and attempt in good faith to
				resolve the complaint; and
(c) If
				the supplier cannot resolve the dispute with the customer, the supplier must
				orally inform the customer of his or her right to file an informal complaint
				with the commission and provide the commission's toll-free consumer complaints
				telephone number.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.60 - Electric and Natural Gas Utility Restructuring Consumer Information and Protection › Rule 38.5.6010 - CLAIMS MADE IN MARKETING NATURAL GAS

Current through Register Vol. 13, July 5, 2024
(1) A
				supplier shall include in its license application and in its annual reports
				sufficient documentation to substantiate any claims made to customers in
				advertising, marketing, promoting, or representing that natural gas purchased
				from the supplier is environmentally beneficial, environmentally benign,
				preserves or enhances environmental quality, is produced primarily with
				renewable energy sources, or is produced with specific resources or
				technologies.
(2) The commission
				may, on its own motion or in response to a complaint from a customer or another
				supplier, initiate a proceeding to investigate any claims made by a supplier in
				advertising, marketing, promoting, and representing its services to customers.
				On determining that a supplier's claims are misleading, deceptive, false, or
				fraudulent, the commission may apply appropriate penalties, including license
				revocation, pursuant to
				69-3-1405,
				MCA.
69-3-1404,
					 MCA; IMP,
					 69-3-1404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7001 - CONTEXT AND DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) These rules
				implement Montana's Natural Gas Utility Restructuring and Customer Choice Act,
				69-3-1401
				through
				69-3-1409,
				MCA, and shall be construed in that context. Except in administration of
				69-3-1408,
				MCA (universal system benefits program), the commission does not intend these
				rules to apply to a "natural gas utility" as defined at
				69-3-1401,
				MCA, so long as the utility does not restructure as described at
				69-3-1403, MCA,
				or become a "natural gas supplier" as defined at
				69-3-1401,
				MCA. Unless otherwise provided through rule or through order of the commission,
				these rules shall apply in all gas utility restructurings, including in periods
				of transition to customer choice and pilot programs which may be a part of a
				restructuring plan.
(2) Words used
				in these rules shall have the meanings assigned in
				69-3-1402,
				MCA, and, if not defined there, shall have their common meanings in the context
				of gas utility and gas pipeline regulation and restructuring. Words used in
				these rules also have the meanings assigned by this rule, unless the context
				otherwise clearly demands:
(a) "affiliate"
				means a parent, subsidiary, division, or the like, regardless of designation,
				owning or controlling the provider, owned or controlled by the provider, under
				common ownership with the provider, or under common control with the
				provider;
(b) "provider" means a
				system services provider;
(c)
				"service" generally includes all incidents to service (e.g., applying for
				service, communicating in regard to service) ;
(d) "supplier" means "natural gas supplier,"
				as defined at
				69-3-1402,
				MCA, which includes any person offering to sell gas to end-use customers but
				not if the offering is by a public utility as a public utility and in
				accordance with commission-approved tariffs;
(e) "supply service" means providing natural
				gas for enduse, whether or not regulated by the commission;
(f) "system services" includes gas
				transmission services, distribution services, storage services, and all other
				gas services regulated by the commission, directly or indirectly, excluding
				supply services;
(g) "utility"
				means a "public utility" as defined at
				69-3-101,
				MCA.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7002 - GENERAL - PROCEDURES IN GENERAL - PROPRIETARY INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Compliance, enforcement, and other
				administrative proceedings before the commission which may result from
				implementation of these rules or the statutes upon which they are based shall
				be in accordance with applicable statutes (e.g., Title 2, chapter 4, MCA
				(Montana Administrative Procedure Act)) and rules (e.g., ARM Title 38, chapter
				2) governing proceedings before the commission.
(2) In accordance with
				69-3-105,
				MCA, supplier license applicants, supplier licensees, and others who may be
				participating in any procedure before the commission arising from these rules,
				may request that qualifying trade secret information submitted to the
				commission (e.g., through licensing, annual report, compliance, or
				investigation procedures, or other requirements of statute, rule, or order) be
				protected by the commission from public disclosure through protective order.
				Requests for a protective order must clearly identify the information to be
				protected and, in detail, identify the factual and legal basis upon which the
				information is asserted to qualify as trade secret and be entitled to
				protection.
Secs.
					 69-3-103,
					 69-3-1405,
					 MCA; IMP, Secs.
					 69-3-105,
					 69-3-1405,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7005 - SERVICE PROVIDERS - STANDARDS OF CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), a
				commission-regulated system services provider shall:
(a) apply all discretionary tariff provisions
				in the same manner to all persons to whom the tariff provisions
				apply;
(b) process all similar
				requests for service in the same manner and period of time;
(c) strictly enforce all mandatory tariff
				provisions;
(d) prevent any
				discrimination in favor of its own supply, other services, divisions, or
				affiliates;
(e) prevent all forms
				of self-dealing that could result in noncompetitive prices to
				consumers;
(f) grant others (e.g.,
				consumers, suppliers) access to retail transmission, storage, and distribution
				on a nondiscriminatory basis at rates, terms, and conditions comparable to that
				which its affiliates have;
(g)
				disclose no service or market information received from a non-affiliate to
				others, including an affiliate (information received from an affiliate may be
				treated in the same fashion, unless otherwise required by these rules)
				;
(h) disclose at the same time to
				all non-affiliates all service and market information disclosed to an affiliate
				(a non-affiliate may agree to limit the scope of information to be provided by
				the system services provider and may agree that information need be provided
				only on request) ;
(i) for
				customers requesting information on available supply, if identifying any
				supplier, identify all licensed gas suppliers serving in the service area in
				which the customer resides, and, in providing information to customers on
				behalf of any supplier, offer to provide information on behalf of all other
				suppliers on the same terms;
(j)
				make known to non-affiliates at the same time any discounts offered to an
				affiliate, the terms and conditions under which the discount is offered, and
				the means through which the non-affiliates can obtain a comparable offer
				(affiliates may be advised in the same fashion, unless otherwise prohibited by
				these rules) ; and
(k) function
				independently of its affiliate suppliers and cause its employees and employees
				of its affiliate suppliers to function independently, to the maximum extent
				practicable.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7006 - SERVICE PROVIDERS - STANDARDS OF CONDUCT - REVIEW OF SERVICE POLICIES

Current through Register Vol. 13, July 5, 2024
(1) Through request by the system services
				provider, or complaint by any other provider, supplier, customer, or other
				interested person, or on its own motion, the commission may review a system
				service provider's service rule or policy, tariffed or otherwise, to determine
				whether the rule or policy as applied is just and reasonable under the
				circumstances, including in regard to whether it results in abusive or
				anticompetitive practices.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-1404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7011 - GAS SUPPLIER - ELECTRONIC REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) All
				applicants and licensed suppliers must complete and maintain an electronic
				registration established by the commission on its internet web site as a
				condition of becoming and remaining licensed. Applicants and suppliers must
				provide the following information electronically:
(a) a complete business name, and all other
				names (complete) that may be used when marketing natural gas and other
				unregulated energy services to consumers;
(b) the complete street address and mailing
				address of the principal office;
(c) the name, address, direct telephone
				number, fax number, and e-mail address of the supplier representative or office
				to be contacted regarding the license application and the license;
				and
(d) a listing of customer
				segments served.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7012 - GAS SUPPLIER - LICENSES

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise allowed or required by operation of law or order of the commission,
				gas suppliers may commence operations in the Montana service areas of
				restructured utilities, and those areas otherwise allowing a competitive
				supply, upon issuance of a license by the commission.
(2) Upon issuance of a license, the gas
				supplier shall notify all distribution service providers serving in the area of
				the gas supplier's intended operations.
Sec.
					 69-3-103,
					 69-3-1405,
					 MCA; IMP, Sec.
					 69-3-1405,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7014 - GAS SUPPLIER - ANNUAL REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Annual
reports must be filed by each licensee at calendar year
				  end.
(2) Annual reports
				shall be on a form approved by the commission and include the following
				information (the commission may require that information from suppliers be
				filed more frequently, if deemed necessary) :
(a) a descriptive list of all services
				offered during the year and at the end of the year;
(b) quality and reliability-of-service
				reports (e.g., Btu content, outages, customer quality and
				reliability-of-service complaints), itemized by month; and
(c) an organization chart showing ownership
				and control relationships among any holding companies and
				subsidiaries.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7016 - GAS SUPPLIER - LICENSE REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) The
				commission may revoke the license of a gas supplier if the gas supplier:
(a) violates any federal or state law which
				has as its purpose, directly or indirectly, fair competition among
				suppliers;
(b) violates any federal
				or state law which has as its purpose, directly or indirectly, protection of
				consumers;
(c) violates any rule of
				the commission;
(d) provides false
				information or materially incomplete information to the commission in regard to
				licensing or reporting;
(e) fails
				to file an annual report;
(f)
				otherwise fails to abide by the laws of the United States and the state of
				Montana which pertain to business, business structure, antitrust, trade,
				contracts, truth in labeling, consumer protection, privacy, and like laws which
				are applicable, generally or specifically, to the provision of gas
				supply;
(g) fails to supply gas in
				accordance with its agreements with customers and representations to the
				commission; or
(h) engages in
				anticompetitive or abusive practices.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7020 - UNIVERSAL SYSTEM BENEFITS PROGRAM

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				69-3-1408,
				MCA, natural gas utilities shall implement a universal system benefits program
				(USBP), a public purpose program for cost-effective local energy conservation,
				low-income weatherization, and low-income energy bill assistance (
				69-3-1402,
				MCA). The USBP shall be funded through a universal systems benefit charge
				(USBC), a nonbypassable rate or charge to be imposed on each customer (
				69-3-1402,
				MCA).
(2) The USBC shall be an
				amount, per dekatherm or Mcf of natural gas delivered to each end user, whether
				by utility, distribution services provider, or transmission services provider
				(if for end use), collected through a rate or charge (per dekatherm or Mcf) to
				each end user, and, except as provided in ARM
				38.5.7021, established so as to
				generate, system-wide, an annual amount no less than 1.12 percent of the
				utility's, distribution services provider's, or transmission services
				provider's annual revenues derived from natural gas services to end users. From
				the amount collected system wide an amount at least equal to.42 percent of the
				annual revenues must be applied to low-income weatherization and bill
				assistance.
(3) The USBP may be
				administered by each utility, distribution services provider, or transmission
				services provider implementing a USBP or by another on its behalf. A USBP may
				be done in coordination with a federal, state, or local government agency or
				otherwise. Examples of acceptable USBPs include energy share and low income
				energy assistance program.
Secs.
					 69-3-103,
					 69-3-1408,
					 MCA; IMP, Sec.
					 69-3-1408,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.70 - Natural Gas Utility Restructuring Provider Conduct, Supplier Licensing, Universal System Benefits Program › Rule 38.5.7021 - UNIVERSAL SYSTEM BENEFITS PROGRAM - PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Each utility, distribution services
				provider, and transmission service provider (if delivering gas for end-use)
				shall file with the commission a USBP plan no later than August 5,
				1998.
(2) The filing shall include:
(a) a description of the proposed USBP plan,
				with supporting testimony;
(b)
				proposed tariffs reflecting changes to rates, if required, to fund the USBP at
				no less than the minimum annual amount (percentage of annual revenues)
				established in ARM
				38.5.7020;
(c) if the utility objects to the minimum
				annual amount established in ARM 38.5.7020, the utility may also file, in
				addition the requirements of (2) (a) and (b), above, an alternative proposal,
				with supporting testimony; and
(d)
				a description of the utility's or provider's USBP, formal or informal, in place
				for the period May 2, 1997, to August 5, 1998, identifying the amount (in
				percentage of annual revenues) at which the program was funded and the amount
				(in percentage of annual revenues) which was applied to low-income
				weatherization and bill assistance, and a proposal for implementing (4), if
				applicable.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.80 - Electric Utility Restructuring Electricity Supplier Licensing and Reporting › Rule 38.5.8001 - GENERAL REQUIREMENT TO OBTAIN LICENSE TO SUPPLY ELECTRICITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.80 - Electric Utility Restructuring Electricity Supplier Licensing and Reporting › Rule 38.5.8002 - CONTENTS OF APPLICATION FOR LICENSE TO SUPPLY ELECTRICITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.80 - Electric Utility Restructuring Electricity Supplier Licensing and Reporting › Rule 38.5.8003 - ELECTRONIC REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.80 - Electric Utility Restructuring Electricity Supplier Licensing and Reporting › Rule 38.5.8004 - ANNUAL REPORTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.80 - Electric Utility Restructuring Electricity Supplier Licensing and Reporting › Rule 38.5.8005 - STANDARD SERVICE OFFER (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-404,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.80 - Electric Utility Restructuring Electricity Supplier Licensing and Reporting › Rule 38.5.8006 - SERVICE CONTRACT (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-404,
					 69-8-408,
					 69-8-409 and
					 69-8-410,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.81 - Electric Utility Restructuring Default Supplier Licensing › Rule 38.5.8101 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-203,
					 69-8-416,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.81 - Electric Utility Restructuring Default Supplier Licensing › Rule 38.5.8102 - APPLICATION FOR ELIGIBILITY TO BE A DEFAULT SUPPLIER (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-8-403,
					 MCA; IMP,
					 69-8-203,
					 69-8-416,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8201 - INTRODUCTION AND APPLICABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-2006,
					 69-8-403,
					 69-8-419, MCA IMP:
					 69-3-2004,
					 69-3-2005,
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8202 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8203 - GOALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8204 - OBJECTIVES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8209 - UTILITY EMERGENCY SERVICE RESPONSIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8210 - RESOURCE NEEDS ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8211 - COST ALLOCATION AND RATE DESIGN (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8212 - RESOURCE ACQUISITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8213 - MODELING AND ANALYSIS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8218 - DEMAND-SIDE RESOURCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8219 - RISK MANAGEMENT AND MITIGATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8220 - TRANSPARENCY AND DOCUMENTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8221 - AFFILIATE TRANSACTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8225 - STAKEHOLDER INPUT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8226 - ELECTRICITY SUPPLY RESOURCE PLANNING AND PROCUREMENT FILINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8227 - REWARD FOR SUPERIOR ELECTRICITY SUPPLY SERVICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-8-403,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.82 - Default Electric Supplier Procurement Guidelines › Rule 38.5.8229 - CONSULTANT FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-8-403, MCA IMP:
					 69-1-114,
					 69-8-421,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.83 - Renewable Energy Resource Standard (Repealed) › Rule 38.5.8301 - RENEWABLE ENERGY RESOURCE STANDARD - PUBLIC UTILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103,
					 69-3-2006,
					 69-8-1006,
					 MCA; IMP:
					 69-3-2003,
					 69-3-2004,
					 69-3-2005,
					 69-3-2006,
					 69-8-1004,
					 69-8-1005,
					 69-8-1006,
					 69-8-1007,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.83 - Renewable Energy Resource Standard (Repealed) › Rule 38.5.8302 - RENEWABLE ENERGY STANDARD - ELECTRICITY SUPPLIERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103,
					 69-3-2006,
					 MCA; IMP:
					 69-3-2003,
					 69-3-2004,
					 69-3-2005,
					 69-3-2006,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8402 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The interconnection procedures set forth
				in this subchapter apply to applicants proposing to install and interconnect a
				small generator facility to an EDC's system that satisfies the following
				criteria:
(a) The small generator facility
				must be sited on the utility customer's premises;
(b) The customer installing the small
				generator facility must be in good standing with the utility;
(c) The proposed small generator facility's
				point of interconnection may not be on a transmission line;
(d) The power produced from the small
				generator facility must be contained on the EDS and not flow onto the
				transmission system; and
(e) The
				power exported by an interconnection customer can only be sold to the
				EDC.