reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8403 - INTERCONNECTION REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) Applicants
				seeking to interconnect a small generator facility shall submit an
				interconnection request using a standard form filed with the commission by the
				EDC that owns the electric distribution system to which interconnection is
				sought. All fees for processing interconnection requests must be paid prior to
				acceptance of the interconnection request by the utility.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8404 - AGREEMENTS, FORMS, AND FEES

Current through Register Vol. 13, July 5, 2024
(1) The EDC
				shall file standard applications for interconnection requests, standard
				agreements required by the interconnection rules, a schedule of fees for
				processing interconnection requests, and a schedule of rates for performing the
				various studies required by these rules with the commission.
(2) All agreements, forms, fees, and rates
				must be filed with and approved by the commission after public notice and
				opportunity for comment.
(3)
				Utilities may not deviate from the standard agreements and fees filed with the
				commission without commission approval.
(4) A customer may petition the commission to
				require the utility to amend its agreements, forms, fees, and rates.
(5) The commission on its own, may require
				the utility to amend its agreements, forms, fees, and rates.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8405 - CERTIFIED EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) An
				interconnection request may be eligible for expedited interconnection review as
				determined under ARM
				38.5.8404 if the small generator
				facility uses certified interconnection equipment. Interconnection equipment
				shall be deemed certified upon establishment of all of the following:
(a) The interconnection equipment has been
				labeled and is publicly listed by a NRTL at the time of the interconnection
				application;
(b) The NRTL testing
				the interconnection equipment makes readily available for verification all test
				standards and procedures it utilized in performing such equipment
				certification, and, with consumer approval, the test data itself. The NRTL may
				make such information available on its web site and by encouraging such
				information to be included in the manufacturer's literature accompanying the
				equipment;
(c) The applicant
				verifies that the intended use of the interconnection equipment falls within
				the use or uses for which the interconnection equipment was labeled, and listed
				by the NRTL.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8406 - REVIEW PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) An EDC shall
				review interconnection requests using one or more of the following review
				procedures:
(a) An EDC shall use Level 1
				procedures for evaluation of all interconnection requests to connect
				inverter-based small generation facilities if:
(i) The small generator facility has a
				nameplate capacity of 10 kW or less; and
(ii) The customer interconnection equipment
				proposed for the small generator facility is certified.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8407 - TECHNICAL STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise provided in these rules, IEEE Standard 1547-2003 is to be used in
				evaluating all interconnection requests under Level 1, Level 2, Level 3, and
				Level 4 reviews. IEEE Standard 1547.1-2005 is to be used for testing
				interconnection equipment to ensure it complies with IEEE 1547-2003.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8408 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				interconnection applicant is responsible for construction of all generator
				facilities and obtaining any necessary local code official approval.
(2) To assist customers in the
				interconnection process, the EDC must:
(a)
				Maintain all interconnection related documents on their proprietary web
				site;
(b) Designate an employee or
				office from which basic information on the application can be obtained through
				an informal process and prominently display the contact information on the
				proprietary web site required in (a); and
(c) Upon the customer's request, meet with
				the customer prior to submission of an application for expedited
				interconnection.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8409 - LEVEL 1 EXPEDITED REVIEW

Current through Register Vol. 13, July 5, 2024
(1) An EDC
				shall use the Level 1 interconnection review procedure for an interconnection
				request that meets the criteria in
				38.5.8406(1)(a).
				An EDC shall not impose additional requirements for Level 1 reviews not
				specifically authorized under this rule unless the EDC and the applicant
				mutually agree to do so.
(2) The
				EDC shall evaluate the potential for adverse system impacts using the following
				screens which must be satisfied:
(a) For
				interconnection of a proposed small generator facility to a radial distribution
				line section, the aggregated generation on the line section, including the
				proposed small generator facility, may not exceed:
(i) 15% of the line section annual peak load
				as most recently measured at the substation; or
(ii) the annual minimum load of the line
				section.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8410 - LEVEL 2 EXPEDITED REVIEW

Current through Register Vol. 13, July 5, 2024
(1) An EDC
				shall use the Level 2 interconnection review procedure for an interconnection
				request that meets the criteria in ARM
				38.5.8406(1)(b).
				An EDC shall not impose additional requirements for Level 2 reviews not
				specifically authorized under this section unless the EDC and the applicant
				mutually agree to do so.
(2) The
				EDC shall evaluate the potential for adverse system impacts using the following
				screens which must be satisfied:
(a) For
				interconnection of a proposed small generator facility to a radial distribution
				circuit, the aggregated generation on the circuit, including the proposed small
				generator facility, may not exceed:
(i) 15% of
				the line section annual peak load as most recently measured at the substation;
				or
(ii) the annual minimum load of
				the line section.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8411 - LEVEL 3 EXPEDITED REVIEW

Current through Register Vol. 13, July 5, 2024
(1) An EDC
				shall use the Level 3 interconnection review procedure for an interconnection
				request that meets the criteria in ARM
				38.5.8406(1)(c).
				An EDC shall not impose additional requirements for Level 3 reviews not
				specifically authorized under this section unless the EDC and the applicant
				mutually agree to do so.
(2) Once
				the interconnection request is deemed complete by the EDC, the EDC shall assign
				a line section queue position based upon the date and time the interconnection
				request is determined to be complete if there is more than one interconnection
				request pending for the same line section. The line section queue position of
				each interconnection request shall be used to determine the potential adverse
				system impact of the small generator facility based on the relevant screening
				criteria. The applicant will proceed under the timeframes of this section. The
				EDC shall notify the applicant about other higher line section queued
				applicants on the same radial line or area network that the applicant is
				seeking to interconnect to. Line section queue position shall not be forfeited
				or otherwise impacted by any pending dispute submitted under the provisions of
				ARM 38.5.8413.
(3) For interconnection requests to the load
				side of an area network, the following criteria must be satisfied:
(a) The nameplate capacity of the small
				generator facility is less than or equal to 50 kW;
(b) The proposed small generator facility
				utilizes a certified inverter-based equipment package;
(c) The small generator utilizes reverse
				power relays and/or other protection functions that prevent the export of power
				into the area network;
(d) The
				aggregate of all generation on the area network does not exceed the smaller of
				5% of an area network's maximum load or 50 kW; and
(e) No construction of the facilities by the
				electric distribution company shall be required to accommodate the small
				generator facility.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.84 - Small Generator Interconnection › Rule 38.5.8413 - DISPUTE RESOLUTION

Current through Register Vol. 13, July 5, 2024
(1) A party shall
				attempt to resolve all disputes regarding interconnection as provided in ARM
				38.5.8401 through
				38.5.8412 promptly, equitably, and
				in a good faith manner.
(2) When a
				dispute arises, a party may seek immediate resolution through complaint
				procedures available through the commission, or an alternative dispute
				resolution process approved by the commission, by providing written notice to
				the commission and the other party stating the issues in dispute. Dispute
				resolution shall be conducted in an informal, expeditious manner to reach
				resolution with minimal costs and delay. When available, dispute resolution may
				be conducted by phone.
(3) When
				disputes relate to the technical application of this section, the commission
				may designate a technical master to resolve the dispute. Upon commission
				designation, the parties shall use the technical master to resolve disputes
				related to interconnection. Costs for a dispute resolution conducted by the
				technical master shall be established and allocated by the technical master,
				subject to review and approval or disapproval by the commission.
(4) Pursuit of dispute resolution may not
				affect an applicant with regard to consideration of an interconnection request
				or an applicant's line section queue position.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter the following definitions shall apply
				  unless the context otherwise clearly demands:
(1) "Interruption" means a loss of service to
				one or more customers.
(2)
				"Interruption duration" means the period of time, in minutes, between the time
				an electric utility first becomes aware of a service interruption and the time
				of restoration of service to the customer(s).
"Major event" means a catastrophic event that:
(a) for regulated electric utilities that
				have adopted the Institute of Electrical and Electronic Engineers Guide for
				Electric Power Distribution Reliability Indices, meets the definition of "major
				event day," standard 1366-2003; or
(b) for regulated electric utilities that
				have not adopted the Institute of Electrical and Electronic Engineers Guide for
				Electric Power Distribution Reliability Indices:
(i) exceeds the design limits of the electric
				power system;
(ii) causes extensive
				damage to the electric power system; and
(iii) results in a simultaneous sustained
				electric service interruption to more than 10% of the customers in an operating
				area.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8604 - ENERGY UTILITY SERVICE INTERRUPTION NOTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Each energy utility shall report promptly
				to news media that are capable of timely dissemination of information on any
				specific occurrence or development which interrupts or is likely to interrupt
				the utility's natural gas and/or electric service to 500 or more of its
				customers for a time period longer than two hours.
69-3-103,
					 MCA; IMP,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8607 - ENERGY UTILITY PLANNED OUTAGES

Current through Register Vol. 13, July 5, 2024
(1) In the
				event that service must be interrupted for more than two hours for planned work
				on utility facilities or equipment, the work shall be done at a time which will
				cause minimal inconvenience to customers, including consideration of weather
				conditions. The utility shall attempt to notify each affected customer at least
				24 hours in advance of the interruption, either personally or, when personal
				notification would be impractical, by advance notice in local media
				outlets.
69-3-103,
					 MCA; IMP,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8610 - GENERAL OBLIGATIONS OF ENERGY UTILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each energy utility shall make reasonable
				efforts to avoid and prevent interruptions of service. However, when
				interruptions occur, service shall be reestablished within the shortest time
				practicable, consistent with safety and good utility practices.
(2) Each energy utility's transmission and
				distribution facilities shall be designed, constructed, maintained, reinforced,
				and supplemented as required to reliably perform the natural gas and power
				delivery burden placed upon them in the storm and traffic hazard environment in
				which they are located.
(3) Each
				energy utility shall carry on an effective preventive maintenance program and
				shall be capable of emergency repair work on a scale which its storm and
				traffic damage record indicates as appropriate to its scope of operations and
				to the physical condition of its transmission and distribution
				facilities.
(4) In appraising the
				reliability of the electric utility's transmission and distribution system, the
				commission will consider the condition of the physical property and the size,
				training, supervision, availability, equipment, and mobility of the maintenance
				forces, all as demonstrated in actual cases of storm and traffic damage to the
				facilities.
(5) Each energy utility
				shall keep records of interruptions of service on its primary distribution
				system and shall make an analysis of the records for the purpose of determining
				steps to be taken to prevent recurrence of such interruptions.
(6) Each energy utility shall make reasonable
				efforts to reduce the risk of future interruptions by taking into account the
				age, condition, design, and performance of transmission and distribution
				facilities and providing adequate investment in the maintenance, repair,
				replacement, and upgrade of facilities and equipment.
69-3-103,
					 MCA; IMP,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8613 - ELECTRIC UTILITY SYSTEM RELIABILITY

Current through Register Vol. 13, July 5, 2024
(1)
				The following service reliability indices measure the frequency and duration of
				service interruptions. They are recognized as standard reliability indices for
				the electric utility industry and may be applied to entire distribution systems
				and operating areas. For purposes of this rule, "interruption" means the loss
				of service for more than five minutes.
(a)
				"Customer average interruption duration index" is the average interruption
				duration for those customers of electricity service who experience
				interruptions during the year. It is calculated by dividing the annual sum of
				all customer interruption durations by the total number of customer
				interruptions.
(b) "System average
				interruption duration index" is the average interruption duration per customer
				served during the year. It is calculated by dividing the sum of the customer
				interruption durations by the total number of customers served during the
				year.
(c) "System average
				interruption frequency index" is the average number of interruptions per
				customer during the year. It is calculated by dividing the total annual number
				of customer interruptions by the total number of customers served during the
				year.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8616 - RECORDKEEPING REQUIREMENTS FOR ELECTRIC UTILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each electric utility shall maintain and
				record complete records of service interruptions on the distribution system as
				a whole and for each operating area on the distribution system. These records
				shall enable the utility to calculate the customer average interruption
				duration index, system average interruption duration index, and system average
				interruption frequency index, both with and without the data associated with
				major events.
(2) An electric
				utility shall retain the records required by this rule for a minimum of five
				years and shall provide them to the commission upon request.
69-3-103,
					 MCA; IMP,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.86 - Energy Utility Service Standards › Rule 38.5.8619 - ANNUAL ELECTRIC RELIABILITY REPORT

Current through Register Vol. 13, July 5, 2024
(1) Each
				electric utility shall submit to the commission on or before March 1 of each
				year an annual reliability report for the previous calendar year for the
				Montana jurisdiction. The report shall include the following information:
(a) aggregate system reliability performance,
				comprised of customer average interruption duration index, system average
				interruption duration index, and system average interruption frequency index
				for the previous calendar year for the Montana service territory and each
				defined Montana operating area. These indices shall be calculated twice, once
				with the data associated with major events and once without. This assessment
				should contain tabular and graphical presentations of the trend for each index
				as well as the trends of the major causes of interruptions; and
(b) the customer average interruption
				duration index, system average interruption duration index, and system average
				interruption frequency index reliability average values for the previous three
				calendar years for the Montana service territory and each defined Montana
				operating area. These average values shall be calculated twice, once with the
				data associated with major events and once without.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.6 - ENERGY CONSERVATION › Subchapter 38.6.1 - Conservation Loans by Utilities › Rule 38.6.101 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) The term "energy conservation materials"
				as used in section
				15-32-107,
				MCA, includes the following materials:
(a)
				Caulking and weatherstripping of doors and windows;
(b) Furnace efficiency modifications
				including:
(i) Replacement burners, furnaces
				or boilers of any combination thereof which, as determined by the secretary of
				energy of the United States, substantially increase the energy efficiency of
				the heating system;
(ii) Devices
				for modifying flue openings which will increase the energy efficiency of the
				heating system; and
(iii)
				Electrical or mechanical furnace ignition systems which replace standing gas
				pilot lights;
(c) Clock
				thermostats;
(d) Ceiling, attic,
				wall and floor insulation;
(e)
				Water heater insulation;
(f) Storm
				windows and doors, multiglazed windows and doors, heat-absorbing or
				heat-reflective glazed windows, door materials and window replacement;
				and
(g) Outside air combustion
				sources.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.6 - ENERGY CONSERVATION › Subchapter 38.6.1 - Conservation Loans by Utilities › Rule 38.6.102 - PREVAILING INTEREST RATE

Current through Register Vol. 13, July 5, 2024
(1) The term
				"prevailing average interest rate for home improvement loans" as used in
				section
				15-32-107,
				MCA means and is determined to be 12.50 percent per annum.
Sec.
					 15-32-107(3),
					 MCA; IMP, Sec.
					 15-32-107,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.6 - ENERGY CONSERVATION › Subchapter 38.6.1 - Conservation Loans by Utilities › Rule 38.6.103 - MODIFICATIONS OF PREVAILING INTEREST RATE

Current through Register Vol. 13, July 5, 2024
(1) The
				rate stated in the preceding section will be modified, as necessary, to reflect
				changes in the interest rate for home improvement loans made by lending
				institutions in Montana. The procedure for modification shall be that
				prescribed by the Administrative Procedure Act, section
				2-4-305,
				MCA and section
				2-4-315,
				MCA..
Sec.
					 15-32-107(3),
					 MCA; IMP,
					 15-32-107,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.6 - ENERGY CONSERVATION › Subchapter 38.6.2 - Gas Energy Conservation Plans › Rule 38.6.201 - GAS ENERGY CONSERVATION PLANS

Current through Register Vol. 13, July 5, 2024
(1) The
				natural gas utilities in Montana shall prepare individually with their major
				industrial and commercial natural gas users, (all customers who use over 50,000
				mcf of gas a year) energy conservation plans aimed at improving the efficiency
				of energy usage, especially with regard to natural gas by those
				users.
(2) The commission
				authorizes a reasonable cost incurred by regulated utilities in compliance with
				this request to be included in the operating costs for rate making
				purposes.
(3) Specifically, the
				commission requires that itemized instances of energy savings be noted in such
				a way that they can be proven. For example, a user may not consume as much
				natural gas in a year as previously, but this would not necessarily indicate an
				energy savings if an alternative fuel were employed.
(4) Each regulated gas utility and large
				user, shall jointly submit these plans to the commission by September 15, 1975.
				These plans shall be detailed and shall include time tables and deadlines for
				the order, installation and operation, or faze out, of any equipment needed to
				effect the plan or for any other changes to be made in the operation of the gas
				user. These deadlines will then constitute part of a binding contract or
				stipulation and will be made part of this commission's rate tariff regarding
				that user.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-203,
					 69-3-108,
					 69-3-306
					 and
					 69-3-106,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.6 - ENERGY CONSERVATION › Subchapter 38.6.2 - Gas Energy Conservation Plans › Rule 38.6.202 - GAS ENERGY WASTE CURTAILMENT; ORDER TO SHOW CAUSE

Current through Register Vol. 13, July 5, 2024
(1) A public utility customer who does not
				file an emergency conservation plan by the due date or any such customer whose
				plan is not sufficient on the due date, or one that is not meeting conservation
				goals will face a gas energy waste service curtailment equivalent to ten (10)
				percent of the total natural gas delivered to that customer during the month,
				twelve months prior to the month, in which the violation occurred for each
				month its energy plan or compliance therewith is insufficient. The curtailments
				shall be monthly and shall begin the month after the findings of
				insufficiency.
(2) Each month after
				a finding of insufficiency, the utility serving a customer with an insufficient
				plan shall curtail the gas supplied to that customer according to the procedure
				expressed above. The waste curtailment will be assessed only after a hearing,
				conducted under the Montana Administrative Procedure Act contested case
				provisions, to determine what efforts have been made toward constructing or
				complying with an acceptable plan.
(3) If it is found that the utility is not
				assisting the customer in a sufficient good-faith manner to comply with this
				order, the utility will be issued an order to show cause why it is not
				complying with this order.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-203,
					 69-3-108,
					 69-3-306
					 and
					 69-3-106,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.6 - ENERGY CONSERVATION › Subchapter 38.6.3 - Conservation Accounting › Rule 38.6.301 - PROPER ACCOUNTING TREATMENT FOR ACCEPTABLE CONSERVATION EXPENDITURES

Current through Register Vol. 13, July 5, 2024
(1) Gas and electric utilities operating in
				Montana shall account for acceptable conservation expenditures in the following
				manner:
(a) Conservation costs in the
				following categories will be deferred in a subaccount of account 186,
				miscellaneous deferred debits, and subsequently amortized to a subaccount of
				account 557, other expenses (other power supply expenses) :
(i) Costs of conservation assets:
(A) Customer loans;
(B) Cash payments to customers;
(C) Measures installed at company's
				expense;
(D) Customer conservation
				investment decision assistance.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.7 - PIPE LINE COMPANIES › Subchapter 38.7.1 - Pipe Line Company Reports › Rule 38.7.101 - MONTHLY REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Each intrastate
				common carrier pipe line company shall file with the commission at its office
				in Helena, Montana, monthly reports to be filed not later than the 25th day of
				the month, following the calendar month for which the report is rendered,
				verified under oath by the reporting carrier showing the following information:
(a) The total number of barrels of crude
				petroleum gathered by each gathering system.
(b) The total number of barrels of crude
				petroleum received from other transporters.
(c) The total number of barrels of crude
				petroleum delivered to other transporters or consignees.
(d) The total number of barrels of crude
				petroleum held in storage by the reporting carrier for others.
(e) The total amount of unfilled storage
				capacity (tankage) held by the reporting carrier.
(f) Total loss due to leakage, evaporation,
				or other causes.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.7 - PIPE LINE COMPANIES › Subchapter 38.7.1 - Pipe Line Company Reports › Rule 38.7.102 - ANNUAL REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Each intrastate
				common carrier pipe line company shall file with the commission, at its office
				in Helena, Montana, an annual report for each calendar year. The report shall
				be filed not later than the 30th day of April next following the year for which
				the report is made. The report shall show the names of officers, directors and
				the residence of each; amount of capital stock and bonded indebtedness
				outstanding; capital investment with additional investments made during the
				year; assets and liabilities; revenues and expenditures; depreciation; and
				statistical data as to petroleum delivered and lost during
				transportation.
(2) The Annual
				Report shall be made to the commission on such forms as may be prescribed and
				furnished by the commission. The above stated ARM
				38.7.102 may be fulfilled by
				submission of Federal Energy Regulatory Commission (FERC) Form No. 6 Annual
				Report of oil pipe line companies, supplemented by such other forms as the
				commission may prescribe. The supplemental forms shall be duly verified under
				oath by an officer of the company.
Sec.
					 69-13-301,
					 MCA; IMP, Sec.
					 69-13-301,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.8 - COST OF SERVICE INFORMATION › Subchapter 38.8.1 - Information Requirements for Electric Utilities › Rule 38.8.101 - COST OF SERVICE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				of public service regulation hereby adopts and incorporates by reference Title
				18, part 290, CFR as they exist on January 30, 1983, which sets forth
				requirements for collection of information regarding cost of service for
				electric utilities whose total sales exceed 500 million kilowatt-hours per
				year. A copy of Title 18, part 290, CFR may be obtained from the Department of
				Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena,
				Montana 59620-2601.
69-3-103,
					 MCA; IMP,
					 69-3-202,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.101 - PURPOSE, SCOPE, AND LIMITATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				following rules implement provisions of the Montana High-Level Radioactive
				Waste and Transuranic Waste Transportation Act,
				10-3-1301
				through
				10-3-1310,
				MCA, that are not self-implementing or otherwise require rules.
(2) The rules are supplemental to the act and
				must be read, interpreted, and applied in conjunction with the act
				itself.
(3) Under certain
				circumstances the administration and implementation of one or more provisions
				of the act or these rules may be affected by preemptive national and state
				security concerns.
10-3-1309,
					 MCA; IMP,
					 10-3-1302 and
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Terminology used in these rules have the meanings assigned in
				  the act and this rule, unless the context clearly dictates otherwise:
(1) "Account" means the radioactive waste
				transportation monitoring, emergency response, and training account as provided
				in
				10-3-1304,
				MCA.
(2) "Act" means the Montana
				High-Level Radioactive Waste and Transuranic Waste Transportation Act, codified
				at
				10-3-1301
				through
				10-3-1310,
				MCA.
(3) "Department of
				transportation" means the Montana department of transportation as provided at
				2-15-2501,
				MCA.
(4) "Disaster and emergency
				services division" means the disaster and emergency services division of the
				Montana department of military affairs as referenced in 20-3-1304,
				MCA.
(5) "Highway patrol" means the
				Montana highway patrol as provided at
				44-1-101,
				MCA.
(6) "Local authority" means
				Montana counties, incorporated cities, and Indian nations and associated
				qualifying local emergency response entities.
(7) "Originating shipper" means the owner or
				the person designated by the owner or by law to arrange for transportation of
				the radioactive waste.
(8) "Owner"
				means the person who owns the radioactive waste.
(9) "Public safety answering point" means a
				communications facility operated on a 24-hour basis that first receives 911
				calls from persons in a 911 service area and that may, as appropriate, directly
				dispatch public or private safety services or transfer or relay 911 calls to
				appropriate public safety agencies.
(10) "Public service commission" means the
				transportation and centralized services division of the Montana department of
				public service regulation, public service commission, as referenced at
				2-15-2601,
				2-15-2602,
				and
				69-1-101,
				MCA.
(11) "Radioactive waste" means
				high-level radioactive waste, spent nuclear fuel, or transuranic waste as
				defined at
				10-3-1303,
				MCA.
(12) "State authority"
				includes the disaster and emergency services division, department of
				transportation, highway patrol, and public service commission.
(13) "Transporter" means a railroad or motor
				carrier transporting radioactive waste.
10-3-1309,
					 MCA; IMP,
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.103 - PRIMARY CONTACT POINT

Current through Register Vol. 13, July 5, 2024
(1) The primary
				contact point regarding administration and implementation of the act and these
				rules is: administrator, disaster and emergency services division, telephone
				(406) 841-3911, fax (406) 841-3965, street address 1900 Williams Street,
				Helena, Montana, and mailing address P.O. Box 4789, Helena, Montana
				59604.
10-3-1309,
					 MCA; IMP,
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.104 - RESPONSIBILITIES OF OWNER, ORIGINATING SHIPPER, AND TRANSPORTER

Current through Register Vol. 13, July 5, 2024
(1) The responsibilities of the owner and
				originating shipper (if not the owner) are as provided in
				10-3-1305
				and
				10-3-1306,
				MCA. The responsibilities include elements such as notification, accompanied by
				information and proofs prescribed, to the disaster and emergency services
				division, department of transportation, and the transporter. In addition to the
				information prescribed within
				10-3-1305,
				MCA, the owner and originating shipper (if not the owner) shall provide:
(a) the identity (name, address, telephone
				number, contact person) of the transporter;
(b) the identity (name, address, telephone
				number, contact person) of the entity responsible for payment of fees;
				and
(c) a certification that the
				disaster and emergency services division, department of transportation, and the
				transporter have been properly notified and provided all required
				information.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.105 - RESPONSIBILITIES OF DISASTER AND EMERGENCY SERVICES DIVISION

Current through Register Vol. 13, July 5, 2024
(1) The disaster and emergency services
				division is the lead Montana authority regarding the act and these rules and is
				the primary Montana point-of-contact by the owner, originating shipper, and
				transporter of radioactive waste within or through Montana by motor vehicle or
				rail and by affected state authorities and local authorities.
(2) The disaster and emergency services
				division shall verify the owner and originating shipper (if not the owner) have
				provided all information as required by
				10-3-1305
				and
				10-3-1306,
				MCA, and these rules. The disaster and emergency services division shall verify
				that those required to receive notification and information as required by
				10-3-1305
				and
				10-3-1306,
				MCA, have received the notification and information.
(3) Upon approval of the notification and
				information provided, the disaster and emergency services division shall
				provide notification to the state and local authorities affected. Notification
				must include all essential information.
(4) Notification to the department of
				transportation must affirm the number of casks approved for transportation and
				the identity (name, address, and telephone number) of contact persons,
				including the person responsible for payment of fees as provided in
				10-3-1307,
				MCA.
10-3-1309,
					 MCA; IMP,
					 10-3-1306
					 and
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.106 - RESPONSIBILITIES OF DEPARTMENT OF TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) The responsibilities of the department of
				transportation are as provided at
				10-3-1306,
				MCA.
(2) Upon receipt of
				notification of approval by the disaster and emergency services division, the
				department of transportation shall contact the owner, originating shipper,
				transporter, or other to collect the required fees for transportation of
				radioactive waste by motor carrier or rail, issue permits as contemplated by
				the act, and deposit fees paid into the account.
(3) The department of transportation, in
				coordination with the highway patrol, will inspect motor carriers transporting
				radioactive waste within or through Montana.
(4) Compliance with the act and rules
				regarding fees, permits, and inspections related to transportation of
				radioactive waste does not relieve a motor carrier from general federal and
				Montana motor carrier regulations (e.g., weight, length, width, and height
				regulations).
10-3-1309,
					 MCA; IMP,
					 10-3-1306,
					 10-3-1307
					 and
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.107 - RESPONSIBILITIES OF HIGHWAY PATROL

Current through Register Vol. 13, July 5, 2024
(1) The
				responsibilities of the highway patrol are as provided at
				10-3-1308,
				MCA.
(2) Upon receipt of
				notification of approval by the disaster and emergency services division, the
				highway patrol shall coordinate with the disaster and emergency services
				division and the department of transportation regarding specific information
				pertaining to the transportation of radioactive waste.
(3) Based on information received, the
				highway patrol shall initiate the appropriate level of response and either
				escort the shipment or otherwise monitor progress of the shipment along the
				route within or through Montana. Highway patrol response plans must be
				maintained and updated as necessary.
10-3-1309,
					 MCA; IMP,
					 10-3-1308
					 and
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.108 - RESPONSIBILITIES OF PUBLIC SERVICE COMMISSION

Current through Register Vol. 13, July 5, 2024
(1)
				The responsibilities of the public service commission are as provided at
				10-3-1309,
				MCA.
(2) The public service
				commission shall monitor transportation of radioactive waste by rail within or
				through Montana. Following notice of transportation of radioactive waste by
				rail within or through Montana, the public service commission shall coordinate
				with appropriate state authorities, agencies of the federal government, and the
				governments of states and nations bordering Montana, and to the extent
				necessary, governments of other states, in or through which the radioactive
				waste is being transported.
(3) The
				objective of public service commission monitoring is to ensure that necessary
				inspections, whether done by federally certified inspectors of the public
				service commission, federal government, or other states, demonstrate that track
				and rolling stock used for or affected by the transportation of radioactive
				waste by rail within or through Montana meet and will adhere to all federal and
				state conditions, serviceability, and operational requirements related to
				public safety.
10-3-1309,
					 MCA; IMP,
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.109 - STATE AUTHORITIES: NOTIFICATION BY DISASTER AND EMERGENCY SERVICES DIVISION

Current through Register Vol. 13, July 5, 2024
(1) Disaster and
				emergency services division notification to the state authorities shall be by
				fax and telephone.
10-3-1309,
					 MCA; IMP,
					 10-3-1306
					 and
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.110 - LOCAL AUTHORITIES: NOTIFICATION BY DISASTER AND EMERGENCY SERVICES DIVISION

Current through Register Vol. 13, July 5, 2024
(1) The disaster
				and emergency services division will provide specific notification through the
				public safety answering point of all Montana local authorities directly
				affected by the intended route, and known or likely alternative (emergency)
				routes of transportation of radioactive waste within or through
				Montana.
(2) Notification by the
				disaster and emergency services division will be in accordance with federal
				department of energy minimum notification guidelines, to the extent
				circumstances allow. Notification may be modified for security purposes as
				determined or required by federal or state authorities.
10-3-1309,
					 MCA; IMP,
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.111 - RESPONSIBILITIES OF LOCAL AUTHORITIES

Current through Register Vol. 13, July 5, 2024
(1) Local
				authorities must convey the disaster and emergency services division
				notification to the public safety answering point to the appropriate local
				authority offices, officers, and personnel according to the structure and
				response plans of the local authority's disaster and emergency services unit
				and its relationship with essential persons and entities (e.g., county sheriff,
				county road and bridge department, municipal police chief, municipal street
				department, etc.).
10-3-1309,
					 MCA; IMP,
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.112 - PROCESS AND QUALIFICATIONS FOR LOCAL GOVERNMENTS AND LOCAL EMERGENCY RESPONSE ENTITIES TO RECEIVE TRAINING

Current through Register Vol. 13, July 5, 2024
(1) The
				disaster and emergency services division shall provide training for local
				jurisdiction emergency responders as part of normal disaster and emergency
				training programs. Local jurisdictions must be notified of the available
				training programs. Priority in training must be assigned to local jurisdictions
				on prescribed radioactive waste transportation routes.
10-3-1309,
					 MCA; IMP,
					 10-3-1309,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.9 - TRANSPORTATION OF RADIOACTIVE AND TRANSURANIC WASTE › Subchapter 38.9.1 - Transportation of High-Level Radioactive and Transuranic Waste › Rule 38.9.113 - COLLECTION OF FEES, ACCOUNTING, AND DISBURSEMENT OF FUNDS

Current through Register Vol. 13, July 5, 2024
(1) The department of transportation shall
				collect fees in accordance with the act. Fees collected must be deposited in
				the account administered by the disaster and emergency services
				division.
(2) The disaster and
				emergency services division shall disburse amounts from the fund for the
				purpose of reimbursements in accordance with the act and as follows:
(a) Local governments may receive
				reimbursement for training. Local governments shall determine the costs
				incurred for training and submit a bill to the disaster and emergency services
				division for reimbursement. Reimbursable costs incurred for local authority
				training are limited to training provided by or approved by the disaster and
				emergency services division and state approved rates for mileage, meals, and
				lodging associated with that training.
(b) Local governments may receive
				reimbursement for emergency response pertaining to transportation of
				radioactive waste. Local governments shall determine the costs incurred for an
				emergency response and submit a bill to the disaster and emergency services
				division for reimbursement.
(c) The
				highway patrol may receive reimbursement for monitoring or providing escorts of
				shipments of radioactive waste. The highway patrol shall determine the cost
				incurred and submit a bill to the disaster and emergency services division.
				Reimbursable costs for highway patrol monitoring or providing escorts are
				limited to state approved rates for mileage, meals, and lodging and that part
				of salaries properly designated overtime, if applicable.