reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.16 - Master Meters in New Buildings › Rule 38.5.1602 - PROHIBITION OF MASTER METERS

Current through Register Vol. 13, July 5, 2024
(1) All electricity
				delivered to a new building shall be sold by the electric utility on the basis
				of individual meter measurement for each occupancy unit, except for:
(a) Electricity delivered to hotels, motels,
				hospitals, dormitories, and other similar transient lodging;
(b) Where the individual contractor or owner
				of a new building provides to the utility, in writing before commencement of
				construction or replacement, data showing that the contractor's or owner's
				costs of purchasing and installing facilities for separate metering, when added
				to the utility's costs of purchasing and installing separate meters, exceed the
				long run benefits.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.16 - Master Meters in New Buildings › Rule 38.5.1603 - UTILITIES TO ASSURE COMPLIANCE-APPEAL TO COMMISSION

Current through Register Vol. 13, July 5, 2024
(1) The affected electric utilities shall
				assure compliance with ARM
				38.5.1602 and shall not furnish
				service to a new building that does not comply with ARM 38.5.1602. If a dispute
				arises between the utility and the builder or owner of a new building, either
				party may petition the commission to make a determination on the
				appropriateness of requiring individual meters for the building.
(2) The affected electric utilities shall
				submit to the public service commission, by March 1, 1981, and semi-annually
				thereafter:
(a) A list of the contractors or
				owners of new buildings who, during the reporting period, have submitted
				written data to the utility to establish exception status from ARM 38.5.1602;
				and
(b) A list of the contractors
				or owners of new buildings for which the utility has recognized such exception
				status during the reporting period.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.17 - Automatic Adjustment Clauses › Rule 38.5.1701 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) As defined in the Public Utility
				Regulatory Policies Act of 1978, and for purposes of this rule:
(a) "Automatic adjustment clause" means a
				provision of a rate schedule which provides for increases or decreases (or
				both), without prior hearing, in rates reflecting increases or decreases (or
				both) in costs incurred by an electric utility. Such term does not include an
				interim rate which takes effect subject to a later determination of the
				appropriate amount of the rate.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.17 - Automatic Adjustment Clauses › Rule 38.5.1702 - AUTOMATIC ADJUSTMENT CLAUSES PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1)
				Section
				69-3-303,
				MCA, which requires notice and public hearing before the commission may approve
				increases in utility rates of general applicability, prohibits the use of
				automatic adjustment clauses.
(2)
				It is the policy of the Montana public service commission to preserve the
				hearing process demanded by section
				69-3-307,
				MCA, and by the Montana Administrative Procedure Act, and on that ground to
				deny the use of automatic adjustment clauses in utility rate schedules of
				general applicability.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1801 - PURPOSE AND OBJECT OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1802 - DEFINITIONS (IS HEREBY REPEALED) (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1803 - PROHIBITIONS (IS HEREBY REPEALED) (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1804 - EXEMPTIONS (IS HEREBY REPEALED) (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1805 - EXEMPTIONS BASED ON HISTORICAL SIGNIFICANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1806 - EXEMPTIONS BASED ON MEMORIAL LIGHTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP,.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1807 - EXEMPTIONS BASED ON COMMERCIAL LIGHTING OF TRADITIONAL SIGNIFICANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1808 - EXEMPTION BASED ON SAFETY OF PERSONS AND PROPERTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1809 - TEMPORARY EXEMPTION BASED ON TIME NEEDED TO INSTALL SUBSTITUTE LIGHTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1810 - EXEMPTION BASED ON SUBSTANTIAL EXPENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.18 - Outdoor Lighting › Rule 38.5.1811 - EXEMPTION BASED ON THE PUBLIC INTEREST (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 69-3-101,
					 69-3-102,
					 69-3-103(1)
					 and
					 69-3-106,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-103(1),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of these rules, the
				following definitions apply:
(a) "Avoided
				costs" is defined as provided in
				18
				CFR 292.101(b)(6).
(b) "Cogeneration facility" is defined as
				provided in
				18
				CFR 292.202(c).
(c) "Commission" means the Montana Public
				Service Commission.
(d) "FERC"
				means the Federal Energy Regulatory Commission.
(e) "Interconnection costs" is defined as
				provided in
				18
				CFR 292.101(b)(7).
(f) "Production profile" means the expected
				hourly generation output of a qualifying facility for a full year based on an
				engineering analysis of the qualifying facility's power production capabilities
				and fuel use or availability.
(g)
				"Purchase" is defined as provided in
				18
				CFR 292.101(b)(2).
(h) "Qualifying facility" or "facility" means
				a cogeneration facility or small power production facility that meets the
				criteria established by FERC regulations in 18 CFR, Part 292, the requirements
				of
				69-3-601,
				MCA, and has self-certified or been certified by FERC.
(i) "Rate" is defined as provided in
				18
				CFR 292.101(b)(5)
(j) "Resource plan" means the utility's
				integrated least cost resource plan, developed through the process described in
				Commission rules.
(k) "Sale" is
				defined as provided in
				18
				CFR 292.101(b)(3).
(l) "Small power production facility" is
				defined as provided in
				18 CFR
				292.204.
(m) "Standard rates" means those rates for
				qualifying facilities with a nameplate generating capacity of 3 megawatts or
				less established in a Commission-approved tariff that:
(i) in the case of purchases, are based on
				avoided costs to the utility, and are applicable to all contracts with
				qualifying facilities that do not choose to negotiate a different rate;
				or
(ii) in the case of sales by a
				utility to a qualifying facility, are the utility's tariff schedules in effect
				for members of the same class as the qualifying facility.
(n) "System emergency" is defined as provided
				in 18 CFR
				292.101(b)(4).
(o) "Utility" means any public utility, as
				defined in
				69-3-101,
				MCA, which provides electric service subject to the jurisdiction of the Montana
				Public Service Commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1903 - OBLIGATIONS OF UTILITIES TO QUALIFYING FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each utility shall purchase any energy
				and capacity made available by a qualifying facility, except that a utility is
				not obligated to make purchases from an interconnected qualifying facility:
(a) during system emergencies as allowed in
				18 CFR
				292.307;
(b) as agreed upon in the contract between
				the utility and the qualifying facility; or
(c) as allowed in
				18 CFR
				292.304(f), but only if the
				qualifying facility is selling its output on an as-available basis.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1904 - OBLIGATIONS OF QUALIFYING FACILITIES TO UTILITIES

Current through Register Vol. 13, July 5, 2024
(1) A qualifying facility shall specify in
				its contract with a utility the nature of the purchases undertaken in the
				contract, including:
(a) The technology used
				in the production of energy or capacity by the qualifying facility;
(b) The qualifying facility's best estimate
				of the facility's energy and/or capacity supply characteristics, including its
				dispatchability and availability during utility system daily and seasonal peak
				periods and during system emergencies.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1905 - RATES FOR PURCHASES

Current through Register Vol. 13, July 5, 2024
(1) Each utility
				shall purchase available power from any qualifying facility at:
(a) the standard rate determined by the
				Commission to be appropriate for the utility;
(b) the rate determined following a petition
				pursuant to
				69-3-603,
				MCA; or
(c) at the rate which is a
				negotiated term of the contract between the utility and the qualifying
				facility.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1906 - RATES FOR SALES

Current through Register Vol. 13, July 5, 2024
(1) Each utility
				shall sell power delivered to a qualifying facility under the terms of the
				contract at the same rate applicable to the utility's nongenerating customers
				belonging to the same class as the qualifying facility or having similar load
				or other cost-related characteristics.
(2) The standard rates for sales of power to
				interconnected qualifying facilities shall be each utility's current applicable
				tariff schedules approved by the commission.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1907 - OPERATING SAFETY PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) Each
				qualifying facility shall, in the design, installation, interconnection,
				maintenance, and operation of the facility, comply with the requirements of the
				National Electrical Safety Code, as incorporated by reference in ARM
				38.5.1010.
(2) Each qualifying facility seeking parallel
				operation with any utility shall provide such control and protective devices as
				required by the utility for such operation.
(3) Each utility shall have the right:
(a) To enter the premises of the qualifying
				facility at reasonable times and with reasonable notice for inspection of the
				facility's protective devices; and
(b) To disconnect without notice if a
				hazardous condition exists in the generation or other equipment of the
				qualifying facility, and such immediate action is necessary to protect persons,
				utility facilities or other customers' facilities from damage or interference
				imminently likely to result from the hazardous condition.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1908 - INFORMATION TO BE PROVIDED TO THE COMMISSION

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to initial contact with a potential qualifying facility, each utility
				shall provide the Commission with one electronic copy of the utility's initial
				written response.
(2) No later than
				July 1 of each even-numbered year, each utility shall file with the Commission
				the following cost data:
(a) the estimated
				avoided cost of energy as required by
				18 CFR
				292.302(b)(1);
(b) the electric utility's latest resource
				plan, including any supplements, as required by
				18 CFR
				292.302(b)(2); and
(c) the estimated capacity costs as required
				by
				18 CFR
				292.302(b)(3). These costs
				shall represent the avoidable resources in the utility's resource
				plan.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1909 - CREATION OF A LEGALLY ENFORCEABLE OBLIGATION

Current through Register Vol. 13, July 5, 2024
(1) A legally enforceable obligation is
				created when a qualifying facility has demonstrated, based on objective and
				reasonable criteria, commercial viability and a financial commitment to
				construct its facility. A qualifying facility has demonstrated commercial
				viability and a financial commitment when:
(a) It has obtained qualifying facility
				status from FERC pursuant to the certification procedures in 18 CFR part
				292;
(b) It has provided to the
				utility the following:
(i) a description of
				the location of the project;
(ii)
				an estimate of the energy production for the project, produced through
				industry-accepted engineering methods, that includes the kilowatt-hours or
				megawatt-hours to be produced by the qualifying facility for each month and
				year of the entire term of the qualifying facility's anticipated power purchase
				agreement;
(iii) an interconnection
				application, including any application fees;
(iv) a power purchase agreement executed by
				the qualifying facility; and
(v) a
				deposit, paid in full, to cover the estimated costs for a system impact or
				facilities study;
(c) It
				has taken meaningful steps to obtain site control adequate to commence
				construction of the project at the proposed location and operate the facility,
				throughout the term of the contract;
(d) It has submitted applications, including
				filing fees, to obtain all necessary permits, licenses, and approvals necessary
				to construct and operate the facility, and has provided copies of the same to
				the utility; and
(e) If the
				qualifying facility seeks payment for an avoided cost of capacity, it has
				requested to be studied for interconnection as a network resource.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1910 - ACCESS TO AVOIDED COST DATA AND MODELING

Current through Register Vol. 13, July 5, 2024
(1) Upon a request from a qualifying
				facility, a utility shall provide the information required by ARM
				38.5.1908(2).
(2) The utility must provide an initial
				avoided cost calculation within 21 days of receipt of a qualifying facility's
				resource information, including generating technology, size, location, and
				production profile, at no cost to the qualifying facility.
(3) Upon a request from a qualifying
				facility, the utility must provide all data, inputs, and assumptions it will
				use to calculate avoided costs. The utility must provide additional data and
				information that the qualifying facility may reasonably request to calculate
				avoided costs with the qualifying facility's preferred methodology.
(4) If any party uses a proprietary model to
				calculate avoided costs, the following rules apply:
(a) Each party may request one calculation
				using another party's model with customized inputs and assumptions, at no cost
				to the requesting party. The responding party must make the results accessible
				to the requesting party within 21 days of the request. The requesting party
				must have adequate access to the model to verify that the customized inputs and
				assumptions were used. Such access must be provided for at least 21
				days.
(b) Each party must
				accommodate reasonable requests to conduct additional avoided cost calculations
				using the party's proprietary model and may charge the requesting party a
				reasonable price for the use of the model beyond the single avoided cost
				calculation identified in (4)(a).
(c) Nothing in this rule shall require a
				party that uses proprietary modeling software to provide copies of proprietary
				modeling software or source code to the requesting party.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1911 - INCORPORATION OF FEDERAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				Commission adopts and incorporates by reference 18 CFR, Part 292, as effective
				August 5, 2022, which sets forth general requirements and criteria for
				cogeneration and small power production facilities which are eligible for
				consideration under section 201 and 210 of the federal Public Utility
				Regulatory Policies Act of 1978, Pub. L. 95-617. A copy of this incorporated
				material may be obtained from the Commission, 1701 Prospect Avenue, P.O. Box
				202601, Helena, MT 59620-2601, or online at
https://www.ecfr.gov/current/title-18/chapter-I/subchapter-K/part-292?toc=1
.
AUTH:
					 69-3-103,
					 69-3-604,
					 MCA; IMP:
					 69-3-102,
					 69-3-603,
					 69-3-604,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.19 - Cogeneration and Small Power Production › Rule 38.5.1912 - VOLUNTARY MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) Before the
				filing of a petition, a utility and qualifying facility may mutually agree to
				request voluntary mediation through a Commission-appointed mediator. The
				utility and qualifying facility must equally share the cost of any contracted
				mediator. Requests for mediation must be signed by authorized representatives
				of the utility and qualifying facility and filed pursuant to ARM
				38.2.1203.
(2) Upon receipt of a request for voluntary
				mediation, the Commission's presiding officer may appoint a mediator. The
				appointed mediator may not be a member of Commission staff.
(3) Requests for mediation must be served on
				the Montana Consumer Counsel.
(4)
				Unless the parties and appointed mediator otherwise agree, the voluntary
				mediation will proceed as follows:
(a) Within
				seven days of the appointment of the mediator, each party must submit to the
				mediator an opening mediation statement, including a complete copy of each
				party's proposed power purchase agreement and a list identifying each disputed
				contract term.
(b) Within seven
				days of the submission of an opening mediation statement, each party may submit
				to the mediator a response statement.
(c) The parties and mediator will use
				reasonable efforts to schedule mediation within 60 days from the date of the
				request for voluntary mediation.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2001 - GOAL AND POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103,
					 69-3-1204,
					 69-8-1006, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 69-3-1202,
					 69-8-1004,
					 69-8-1005,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2002 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201, MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2003 - ENVIRONMENTAL EXTERNALITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2004 - UNCERTAINTY AND RISK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2005 - INITIAL RESOURCE SCREENING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2006 - OPTIMIZATION OF SUPPLY AND DEMAND-SIDE RESOURCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2007 - LEAST COST RESOURCE PLANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2008 - RATE DESIGN (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2009 - ELECTRIC UTILITY MARKETING GOALS, MARKETING PROGRAMS, AND COMPETITION FOR LARGE DISCRETIONARY LOADS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2010 - COMPETITIVE RESOURCE SOLICITATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2011 - REGULATORY AND MARKET BARRIERS TO INTEGRATED LEAST COST PLANNING AND ACQUISITION OF DEMAND-SIDE RESOURCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2012 - SUBMITTING LEAST COST PLANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2016 - RECOVERY OF ABANDONMENT COSTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-3-103, MCA IMP:
					 69-3-102,
					 69-3-106(1),
					 69-3-201,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2020 - GOAL AND POLICY

Current through Register Vol. 13, July 5, 2024
(1) Integrated
				least-cost resource planning and acquisition is an ongoing, dynamic, and
				flexible process that:
(a) manages the
				consequences of risk and uncertainty;
(b) integrates demand-side,
				distribution-side, and power resources to minimize the long-term total cost of
				service;
(c) considers a broad
				range of attributes in the evaluation of alternative resources and their
				cost-effectiveness;
(d) engages
				stakeholders and the public; and
(e) is transparent and reasonably
				understandable to stakeholders, the public, and the
				Commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2021 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Action plan period" means the five-year
				period beginning with the calendar year after the filing of a resource
				plan.
(2) "Adequate" means, with
				respect to an electric system owned or controlled by a utility, the ability to
				supply the aggregate electrical demand and energy requirements of the utility's
				customers at all times, taking into account scheduled and reasonably expected
				unscheduled outages of system elements.
(3) "Affiliate" means, for purposes of this
				rule, a parent, subsidiary, division, or the like, regardless of designation,
				owning or controlling the utility, owned or controlled by the utility, under
				common ownership with the utility, or under common control with the
				utility.
(4) "Assessment" means a
				documented process used by a utility to make informed judgments regarding
				elements of a resource plan and action plan based on the careful consideration
				of quantitative and qualitative information and the input of stakeholders, the
				public, and the advisory committee required in
				69-3-1208, MCA.
(5) "Cost" means the actual or forecast costs
				incurred to own, operate, and manage existing and potential new resources
				sufficient to provide adequate and reliable services over the planning period
				including, but not limited to, costs for:
(a)
				capital recovery;
(b) shareholder
				returns;
(c) debt;
(d) operations and maintenance;
(e) fuel and associated fuel delivery
				services or infrastructure;
(f)
				insurance;
(g) taxes, including tax
				credits;
(h) environmental
				remediation;
(i)
				permitting;
(j) land use and rights
				of way;
(k) decommissioning,
				abandonment, and securitization;
(l) contractual power purchases, however
				structured;
(m) incremental
				transmission and distribution, including losses and congestion;
(n) administration; and
(o) externalities.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2023 - PLANNING PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A utility shall
				designate and engage with an advisory committee according to
				69-3-1208, MCA. The utility shall
				meet with the advisory committee on a regular basis as it prepares resource
				plans. Utilities shall open meetings with the advisory committee to the public
				whenever possible, but may close meetings or portions of meetings when
				proprietary information is discussed or when necessary to enable the committee
				to provide a more complete review, evaluation, or recommendation. A utility
				shall engage with the committee before deciding to close a meeting to the
				public.
(2) In addition to the
				advisory committee, a utility shall engage stakeholders and the public during
				the process of preparing a resource plan. A utility must publicly notice
				engagement events at least 14 days in advance and provide meeting materials in
				advance to the greatest extent possible. A utility shall present to
				stakeholders in a transparent, understandable manner the results of completed
				steps in the planning process and plans for subsequent steps and shall provide
				an opportunity to comment on or request items to be addressed in a plan. A
				utility may combine meetings with the public, stakeholders, and the advisory
				committee.
(3) A utility shall
				engage a broad cross-section of its customers (based on demographic,
				geographic, and service classification characteristics), including
				representatives of customer segments with low, moderate, and fixed incomes and
				highly impacted communities, on issues related to future service and resources
				that may be of interest to non-experts.
(4) At the start of each planning cycle, a
				utility shall engage with the advisory committee and stakeholders to develop a
				work plan and timeline, including the frequency of meetings with the advisory
				committee, for completing the assessments and preparing plan contents required
				in ARM 38.5.2022. The work plan must include a structured process for
				submission of written inquiries and comments to the utility during the planning
				process and written responses by the utility. The work plan shall also address
				procedures for access by the advisory committee to the utility's planning model
				during the planning process.
(5) A
				utility shall publish a draft of its resource plan at least 70 days before
				filing the resource plan with the Commission and accept comments on the draft
				resource plan for at least 55 days.
(6) A utility shall file a resource plan
				every three years.
AUTH:
					 69-3-1204, MCA; IMP:
					 69-3-1204,
					 69-3-1205,
					 69-3-1208,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2024 - RESOURCE PROCUREMENT

Current through Register Vol. 13, July 5, 2024
(1) A utility's
				resource procurement processes shall be guided by the policy in
				69-3-1202, MCA, input from the
				public and the advisory committee provided for in
				69-3-1208, MCA, and comments of
				the Commission on the utility's most recent resource plan.
(2) Utilities shall use transparent,
				independently administered competitive solicitations to acquire needed
				resources whenever practicable, subject to
				69-3-1207, MCA, and the
				Commission's rules. Utilities shall document decisions regarding the types of
				procurement processes used for later submission in applications for rate
				recovery where the prudence of procurement processes and resource decisions is
				examined.
(3) A utility shall
				notify the Commission of a decision to issue a competitive solicitation. The
				notice shall precede release of a draft of the solicitation by at least 20
				days. Before issuing the solicitation, the utility shall submit a draft of the
				solicitation to the Commission in accordance with
				69-3-1207, MCA, with a thorough
				description of the input and recommendations of the advisory committee
				regarding the solicitation process and how the utility modified the
				solicitation process in response to the advisory committee's input and
				recommendations or, alternatively, the basis for not modifying the process.
				Upon notification of a utility's intent to issue a solicitation, the Commission
				will open a docket for purposes of receiving the draft solicitation and
				accepting public comment on the draft solicitation. The Commission shall
				provide notice to the public of the receipt of the draft solicitation and
				provide 45 days for interested persons to file written comments. The utility
				shall not issue the final solicitation until at least 70 days after submitting
				the draft solicitation. Upon issuing the final solicitation, the utility shall
				concurrently submit the solicitation to the Commission in the docket assigned
				to the draft solicitation.
(4) A
				utility shall provide all proposed and final scoring criteria and metrics in
				the draft and final competitive solicitations filed with the
				Commission.
(5) Utilities shall
				consider the usefulness of competitive solicitations for identifying and
				acquiring demand-side and distribution-side resources, but should also leverage
				their unique knowledge of their customers' demand characteristics to evaluate
				cost-effective resource potential and design programs for
				acquisition.
AUTH:
					 69-3-1204, MCA; IMP:
					 69-3-1204,
					 69-3-1205,
					 69-3-1207,
					 69-3-1208,
					 69-3-1209,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.20 - Least Cost Planning - Electric Utilities › Rule 38.5.2025 - REQUIREMENTS FOR COMPETITIVE SOLICITATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				A competitive solicitation issued by a utility shall treat similarly situated
				bidders similarly and fairly, use understandable processes, and result in
				decisions and outcomes that are transparent and understandable to bidders,
				stakeholders, and the Commission.
(2) A competitive solicitation issued by a
				utility shall contain:
(a) specific minimum
				bidder requirements for credit and capability;
(b) standard form contracts or contract
				provisions the utility intends to use;
(c) specific explanations of bidders' ability
				to negotiate mutually agreeable final contract terms that are different from
				the standard form contracts;
(d)
				clear and complete descriptions of the resources, products, and services the
				utility seeks to acquire;
(e) a
				description of how the solicitation aligns with a resource need shown by the
				utility's most recent resource plan or a subsequently identified need resulting
				from a change in circumstances;
(f) specific bid evaluation and bidder
				qualification standards and criteria including a sample evaluation rubric that
				quantifies, where possible, the weight the utility will give each criterion
				during the bid ranking procedure; and
(g) clear and complete descriptions of how
				the utility will share information about bid scores, including what information
				about the bid scores and bid ranking will be provided to bidders and when and
				how it will be provided.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.21 - Service Standards - Electric Utilities › Rule 38.5.2101 - ELECTRIC UTILITY LINE AND FACILITY MAINTENANCE - MINIMUM STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Each public utility providing electric
				service subject to the jurisdiction of the commission shall, at the minimum,
				maintain its electric utility lines and facilities pursuant to the national
				electrical safety code as that code is identified in
				69-4-201,
				MCA, the effective edition of which is designated at ARM
				38.5.1010.
(2) The edition of the code applicable at the
				time of maintenance shall be that in effect by statute or rule at the time of
				construction of the electric utility line or facility unless, without undue
				expense, the edition in effect by statute or rule at the time of maintenance
				can reasonably be complied with.
69-3-103,
					 MCA; IMP,
					 69-3-108
					 and
					 69-4-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.21 - Service Standards - Electric Utilities › Rule 38.5.2102 - ELECTRIC UTILITY NOMINAL VOLTAGE AND PERMISSIBLE RANGE OF VARIANCE

Current through Register Vol. 13, July 5, 2024
(1) The standards of product and service for
				each public utility providing electric service subject to the jurisdiction of
				the commission shall, whether established by ordered tariff provision or
				administrative rule, allow for a nominal voltage and permissible range of
				variation as specified in American National Standards Institute (ANSI) C84.1
				2020. A copy of ANSI C84.1 may be obtained from the American National Standards
				Institute, Operations, 25 West 43rd Street, 4th Floor, New York, New York
				10036, or may be reviewed at the Public Service Commission Offices, 1701
				Prospect Avenue, Helena, Montana 59620-2601.
(2) This rule shall not apply:
(a) to transmission systems not used to
				directly serve customers;
(b) where
				customers specifically request a voltage other than standard nominal system
				voltages as specified in ANSI C84.1; or
(c) in instances where voltage is in excess
				of 34,500 volts.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2201 - STATEMENT OF GENERAL POLICY

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				69-3-207,
				MCA, the commission is empowered to enforce the safety regulations and
				provisions adopted under the Natural Gas Pipeline Safety Act of 1968 (NGPSA),
				as well as any amendments thereto. The rules of this subchapter 22 as well as
				the rules in subchapter 23 adopt regulations and provisions by reference where
				deemed necessary, identify the exceptions and qualifications applicable in
				Montana where deemed necessary, and describe the procedures and enforcement
				authority exercised by the commission for achieving and maintaining pipeline
				safety.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2202 - INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1) The commission adopts and incorporates by
				reference the U.S. Department of Transportation (DOT) Pipeline Safety
				Regulations, Code of Federal Regulations (CFR), Title 49, chapter 1, subchapter
				D, parts 191, 192, and 193, including all revisions and amendments enacted by
				DOT on or before November 17, 2023. A copy of the referenced regulations may be
				obtained from 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 38.5.22 - Pipeline Safety › Rule 38.5.2203 - COMMISSION'S PROCEDURAL RULES TO APPLY

Current through Register Vol. 13, July 5, 2024
(1)
				Except as otherwise provided in these rules, the commission's procedural rules
				shall govern any proceedings under this subchapter.
69-3-103,
					 69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2204 - INSPECTIONS, INVESTIGATIONS, AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1)
				The commission, its employees, or authorized agents, have the power to
				investigate all methods and practices of pipeline owners and operators; to
				require the maintenance and filing of reports, records and other information in
				the form and detail as the commission may prescribe; to enter upon and to
				inspect the property, buildings, plants, and offices of pipeline owners and
				operators; and to inspect books, records, papers and documents relevant to
				enforcement responsibilities under the NGPSA.
(2) The commission, a staff member thereof,
				or some person appointed by it, may investigate and make inquiry into every
				incident occurring in the operation of any intrastate gas pipeline located in
				this state. The commission, in its discretion, may also investigate any other
				accident or event involving the operation of a pipeline.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2205 - INFORMAL REPORT OF PROBABLE VIOLATION

Current through Register Vol. 13, July 5, 2024
(1) If an
				inspection indicates that a pipeline owner or operator is not in compliance
				with the applicable pipeline safety regulations, the commission's inspector
				will issue a report of probable violation to the owner or operator following
				the inspection. This report shall include a citation of the law, regulation or
				order which the owner or operator appears to have violated, and a statement
				that the owner or operator is required to correct all cited violations within
				60 days following issuance of the report. This report will also note any
				on-site corrective actions which were taken during the inspection. The
				inspector may informally discuss the report with the owner or operator and an
				informal conference may be requested with commission staff. When the owner or
				operator corrects a violation in the report to the satisfaction of the
				inspector, the correction and the date thereof shall be noted in the
				report.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2206 - FORMAL ENFORCEMENT PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) If the
				violations are not satisfactorily resolved within 60 days following issuance of
				the report of probable violation, through the informal procedure described in
				ARM 38.5.2205 above, the commission
				may issue an order to show cause to the pipeline owner or operator, based upon
				the inspector's report indicating that the owner or operator remains in
				probable violation of the regulations or provisions of the NGPSA.
(2) The order to show cause shall include a
				statement of the laws, regulations or orders which the pipeline owner or
				operator is alleged to have violated and a statement of the evidence upon which
				the allegations are based.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2207 - RESPONSE TO ORDER TO SHOW CAUSE

Current through Register Vol. 13, July 5, 2024
(1) Within
				30 days of the date of service of the order to show cause, or within such other
				reasonable period as may be set by the commission in the order to show cause,
				the pipeline owner or operator shall file a written response with the
				commission. The response shall be filed in accordance with the commission's
				procedural rules relating to the filing of answers, found generally at ARM
				38.2.2107.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2208 - HEARING

Current through Register Vol. 13, July 5, 2024
(1) Upon request of an interested party, or
				upon its own motion, the commission may schedule a hearing in furtherance of
				its investigation under these rules.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2209 - COMMISSION DECISION

Current through Register Vol. 13, July 5, 2024
(1) After a
				hearing, or, if no hearing has been held, after the expiration of the response
				period allowed by the commission to the pipeline owner or operator, the
				commission may proceed to issue a decision in the form of an order.
(2) The order issued by the commission in any
				proceeding brought under these rules may direct compliance, or indicate an
				intention to seek judicial remedies, or both.
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.22 - Pipeline Safety › Rule 38.5.2220 - INVESTIGATION AND REPORTS OF INCIDENTS OF INTRASTATE GAS PIPELINE OPERATORS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-207,
					 MCA; IMP,
					 69-3-207,
					 MCA;