UTILITY DIVISION

38.5.1001 RATES, CHARGES, AND SERVICE REQUIREMENTS OF PUBLIC UTILITIES Rates, charges and service requirements of each public utility under the jurisdiction of the commission ( 69-3-101 , MCA and following) are contained within the tariffs and files of each public utility as file…

38.5.1002 UNDERGROUNDING OF ELECTRIC DISTRIBUTION LINES IN NEW SUBDIVISIONS Section 69-4-102 , MCA, requires a public utility furnishing electricity to install underground distribution lines in new subdivisions of five or more consumer units when undergrounding is technically and…

38.5.101 LETTER OF TRANSMITTAL The letter of an electric, natural gas, or private water utility transmitting a rate schedule or a part thereof to the commission for filing, to supersede, supplement or otherwise change the provisions of a rate schedule required to be on file, shal…

38.5.1010 INCORPORATION BY REFERENCE OF NATIONAL ELECTRICAL SAFETY CODE Pursuant to 69-4-201, MCA, the commission is empowered to implement and enforce construction standards for utility lines and facilities and for that purpose the commission adopts and incorporates by reference…

38.5.102 APPLICATIONS FOR RATE INCREASES Applications for rate increases exceeding one hundred thousand dollars annually shall include the cost of service to be supplied and shall include the additional material required in ARM 38.5.103 to 38.5.175 and 38.5.179 to 38.5.183, inclu…

38.5.103 COMPARISON OF SALES, SERVICES AND REVENUES The application for a rate increase shall include a statement comparing sales and services and the revenues therefrom under the rate schedules proposed to be superseded or supplemented and the proposed changed rate schedules. Su…

38.5.104 COMPARISON OF RATES A billing comparison of the proposed rates with present rates of the filing public utility for similar sales or services shall be included in the application for a rate increase. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec.…

38.5.105 COST OF SERVICE UNDER THE NEW RATES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, Eff. 7/5/77; REP, 1993 MAR p. 1669, Eff. 7/30/93.

38.5.106 ANALYSIS OF SYSTEM COSTS FOR A TWELVE MONTH HISTORICAL TEST YEAR The statement of the cost of service shall contain an analysis of system costs as reflected on the filing utility's books for a test period consisting of 12 months actual experience ending no earlier than 9…

38.5.107 REFERENCE DATA TO BE PROVIDED If any of the data required by ARM 38.5.106 is submitted by reference, copies of such data shall be provided to the commission within 15 working days from receipt of any written request for such data made by the commission staff or an interv…

38.5.108 OTHER DATA RELIED ON If the public utility has relied on data other than those in Statements A through N (see ARM 38.5.121 through 38.5.180) in support of its rate increase, such other data, appropriately identified and designated as such and separately stated, shall be …

38.5.109 WORKING PAPERS TO BE FILED In the statements described in ARM 38.5.121 to 38.5.180, inclusive, certain items are designated as "working papers." Three sets of such working papers are to be filed at the time the Statements A through N are filed with the commission whether…

38.5.110 NARUC OR FPC UNIFORM SYSTEM OF ACCOUNTS TO BE GENERALLY FOLLOWED All statements and schedules shall be prepared in accordance with general classifications set forth in the NARUC or FPC Uniform Systems of Accounts for the respective types of public utilities, provided tha…

38.5.1101 ESTABLISHMENT OF CREDIT -- RESIDENTIAL An applicant for residential utility service may establish credit by demonstrating to the utility any one of the following factors: Prior service with utility in question within the previous 12 months during which for at least 6 co…

38.5.1102 ESTABLISHMENT OF CREDIT -- NONRESIDENTIAL An applicant for nonresidential service may be required to demonstrate that it is a satisfactory credit risk by reasonable means appropriate under the circumstances. Authorizing statute(s): 69-3-306, MCA Implementing statute(s):…

38.5.1103 DEPOSIT REQUIREMENTS A deposit may be required under the following circumstances: Where the applicant has failed to establish a satisfactory credit history as outlined above. In any event, a deposit may be required when within the 12-months prior to the application, the…

38.5.1104 PROHIBITED STANDARDS FOR REQUIRING CASH DEPOSIT OR OTHER GUARANTEE FOR RESIDENTIAL SERVICE A utility shall not require a cash deposit or other guarantee as a condition of new or continued residential utility service based upon commercial credit standards (except as prov…

38.5.1105 AMOUNT OF DEPOSIT In instances where a deposit may be required by the utility, the deposit shall not exceed one-sixth of estimated annual billings; provided that deposit of not more than 25% of the estimate may be required of applicants for non-residential service. In t…

38.5.1106 TRANSFER OF DEPOSIT Where a customer of whom a deposit is required transfers his service to a new location within the same utility's service area, within the state of Montana, the deposit, less any outstanding balance, shall be transferable and applicable to the new ser…

38.5.1107 INTEREST ON DEPOSITS Interest on deposits held shall be accrued at the rate of 6% per year. Interest shall be computed from the time of the deposit to the time of refund or termination, to the nearest whole month, without compounding. This rule is effective October 1, 2…

38.5.1108 REFUND OF DEPOSITS Deposits plus accrued interest shall be refunded under the following circumstances and in the following form: Where the customer has for 12 consecutive months paid for service when due in a prompt and satisfactory manner as evidenced by the following:…

38.5.1109 RECORD OF DEPOSITS A utility shall maintain a record of all deposits received from customers, showing the name of each depositor, the date and amount of the deposit made, the location of the premises occupied by the depositor at the time of making the deposit, and each …

38.5.111 WORKING PAPERS SUFFICIENT TO SUPPORT THE FILING SHALL BE AVAILABLE ON COMMISSION REQUEST Any utility filing a rate increase shall be responsible for preparing prior to filing and for maintaining after filing, work papers sufficient to support the filing. Any request for …

38.5.1110 UNIFORM APPLICATION A utility shall apply deposit standards uniformly as condition of utility service to all residential customers. Authorizing statute(s): 69-3-306, MCA Implementing statute(s): 1975 HJR 27 History: NEW, Eff. 4/5/77.

38.5.1111 GUARANTEE IN LIEU OF DEPOSIT In lieu of a cash deposit required by these rules, a utility shall accept the written guarantee of a responsible party as surety for a customer service account. For the purpose of this rule, a "responsible party" shall mean: Any individual o…

38.5.1112 GUARANTEE TERMS CONDITIONS A guarantee accepted in accordance with these rules is subject to the following terms and conditions: It shall be in writing, and if necessary shall be renewed in a similar manner annually. It shall state the terms of guarantee, the maximum am…

38.5.112 TESTIMONY ON ACCOUNTING DATA The filing utility shall provide a witness to testify that the cost statements, working papers, and other supporting data submitted as a part of the filing or maintained by the filing public utility in support of the filing which purport to r…

38.5.1201 DEFINITIONS "Standby charges" are defined for the purposes of this rule as charges different than those generally available for service under the utility's tariffs, imposed where utility service is either provided: only in the event of the nonavailability to the custome…

38.5.1202 "STANDBY CHARGES" NOT ALLOWED The Commission, in view of both the state energy conservation policy and the lack of cost impact data in this area, will not approve any "standby charges" at this time. Utilities shall supply "standby service" at presently authorized rates …

38.5.1203 SERVICE TO STANDBY CUSTOMERS Utilities shall supply standby service to requesting customers, subject to limitations imposed by federal regulatory agencies. However, unless specifically required by order of a federal regulatory agency, no utility may refuse service to a …

38.5.1204 MINIMUM FILING REQUIREMENTS FOR FUTURE REQUESTS Any utility requesting "standby charges" before this Commission in the future shall provide adequate data supporting "standby service" costs incurred, including but not limited to: number of customers equipped with alterna…

38.5.1205 EXEMPTION: STANDBY CHARGES FOR INDUSTRIAL CUSTOMERS These rules shall apply to all requests for standby charges for residential and commercial classes of customers; these rules shall not apply to requests for standby charges for industrial customers. Authorizing statute…

38.5.121 STATEMENT A -- BALANCE SHEET Statement A shall include the balance sheets as of the beginning and end of the test period, and the most recently available balance sheet. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, E…

38.5.122 STATEMENT B -- INCOME STATEMENTS Statement B shall include an income statement for the test period, and the most recently available income statement. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, Eff. 7/5/77.

38.5.123 STATEMENT C -- UTILITY PLANT ACCOUNTS Statement C shall include a statement showing in summary form Utility Plant by functional category of electric, gas or water utility plant, as the case may be. Working papers shall also be supplied to show the change in additions and…

38.5.124 WORKING PAPERS -- PLANT ADDITION AND RETIREMENT FOR TEST PERIOD Working papers shall show major production and transmission plant addition and retirement projects for the test period, brief descriptions thereof, approximate dates of commercial operation or retirement fro…

38.5.125 WORKING PAPERS -- SHOWING PLANT ACCOUNTS ON AVERAGE BASIS FOR TEST PERIOD Working papers shall show plant balances on a beginning and end of period basis averaged for the test period representing functional classifications and total plant. The effect of proposed adjustme…

38.5.126 WORKING PAPERS ON CAPITALIZING INTEREST AND OTHER OVERHEADS DURING CONSTRUCTION Working papers shall include a complete statement of methods and procedures followed in capitalizing interest during construction and other construction overheads, including any policy change…

38.5.127 CHANGES IN INTANGIBLE PLANT WORKING PAPERS Working papers shall show any significant changes in intangible plant for the test year. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, Eff. 7/5/77.

38.5.128 WORKING PAPERS ON PLANT NOT USED AND USEFUL Working papers shall set forth the cost and description of plant carried on the company's books as utility plant which was not used and useful. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, …

38.5.129 PROPERTY RECORDS WORKING PAPERS Working papers shall set forth a description of the continuing property records maintained by the utility, including methods and procedures used to price retirements. Any data required by this section which has been previously submitted to…

38.5.1301 DEFINITION (IS HEREBY REPEALED) . Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-301, MCA History: NEW, 1978 MAR p. 1553, Eff. 12/1/78; REP, 1995 MAR p. 2038, Eff. 9/29/95.

38.5.1302 CONDITIONS FOR APPROVAL (IS HEREBY REPEALED) . Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-301, MCA History: NEW, 1978 MAR p. 1553, Eff. 12/1/78; REP, 1995 MAR p. 2038, Eff. 9/29/95.

38.5.1303 PROCEDURE Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-301, MCA History: NEW, 1978 MAR p. 1553, Eff. 12/1/78; REP, 1995 MAR p. 2038, Eff. 9/29/95.

38.5.1305 DEFINITIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1307 EAS -- GENERAL The repeal of these rules does not affect the status of any existing EAS arrangement. Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; AMD, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1309 EAS PROCEDURE -- GENERAL (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1311 EAS PROCEDURE -- REGIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1313 EAS PROCEDURE -- PHASE I, COMMUNITY OF INTEREST DETERMINATION (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1315 EAS PROCEDURE -- PHASE II, COST ANALYSIS AND RATE DESIGN (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.