UTILITY DIVISION

38.5.2008 RATE DESIGN (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2009 ELECTRIC UTILITY MARKETING GOALS, MARKETING PROGRAMS, AND COMPETITION FOR LARGE DISCRETIONARY LOADS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/9…

38.5.201 PRELIMINARY DETERMINATION OF ELIGIBILITY (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 584, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.2010 COMPETITIVE RESOURCE SOLICITATIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2011 REGULATORY AND MARKET BARRIERS TO INTEGRATED LEAST COST PLANNING AND ACQUISITION OF DEMAND-SIDE RESOURCES (REPEALED) Authorizing statute(s): 69-3-103 Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/…

38.5.2012 SUBMITTING LEAST COST PLANS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2016 RECOVERY OF ABANDONMENT COSTS (REPEALED) Authorizing statute(s): 69-3-1206, MCA Implementing statute(s): 69-3-1206, MCA History: NEW, 1997 MAR p. 78, Eff. 1/17/97; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.202 AWARD OF COSTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 585, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.2020 GOAL AND POLICY Integrated least-cost resource planning and acquisition is an ongoing, dynamic, and flexible process that: manages the consequences of risk and uncertainty; integrates demand-side, distribution-side,and power resources to minimize the long-term total cos…

38.5.2021 DEFINITIONS "Action plan period" means the five-year period beginning with the calendar year after the filing of a resource plan. "Adequate" means, with respect to an electric system owned or controlled by a utility, the ability to supply the aggregate electrical demand…

38.5.2022 PLAN CONTENTS Resource plans shall contain at least the following information: A description of any changes a utility has made to the content of its plan or its planning process in response to the Commission's comments on its last plan and how the changes affect the cur…

38.5.2023 PLANNING PROCESS 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. Utilitiesshall open meetings with the advisory committee to…

38.5.2024 RESOURCE PROCUREMENT A utility's resource procurement processesshall 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. Ut…

38.5.2025 REQUIREMENTS FOR COMPETITIVE SOLICITATIONS 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, …

38.5.203 PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 586, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.204 ACCOUNTING TREATMENT (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 586, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.2101 ELECTRIC UTILITY LINE AND FACILITY MAINTENANCE -- MINIMUM STANDARDS 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…

38.5.2102 ELECTRIC UTILITY NOMINAL VOLTAGE AND PERMISSIBLE RANGE OF VARIANCE 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 administrat…

38.5.2201 STATEMENT OF GENERAL POLICY 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…

38.5.2202 INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS 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…

38.5.2203 COMMISSION'S PROCEDURAL RULES TO APPLY Except as otherwise provided in these rules, the commission's procedural rules shall govern any proceedings under this subchapter. Authorizing statute(s): 69-3-103, 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW,…

38.5.2204 INSPECTIONS, INVESTIGATIONS, AND REPORTING 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 t…

38.5.2205 INFORMAL REPORT OF PROBABLE VIOLATION 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 followi…

38.5.2206 FORMAL ENFORCEMENT PROCEDURE 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 …

38.5.2207 RESPONSE TO ORDER TO SHOW CAUSE 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 com…

38.5.2208 HEARING 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. Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1988 MAR p. 2569,…

38.5.2209 COMMISSION DECISION 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. The order issued by the…

38.5.2220 INVESTIGATION AND REPORTS OF INCIDENTS OF INTRASTATE GAS PIPELINE OPERATORS (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 990 MAR p. 1897, Eff. 10/12/90; AMD, 1993 MAR p. 3043, Eff. 12/24/93; REP, 1997 MAR p. 317, …

38.5.2301 SCOPE AND COMPLIANCE This subchapter requires pipeline facilities subject to 49 Code of Federal Regulations (CFR) parts 192 and 193 to test employees for the presence of prohibited drugs and prohibited alcohol misuse and provide an employee assistance program. Authorizi…

38.5.2302 INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS -- DRUG AND ALCOHOL TESTING AND PREVENTION PROGRAMS Except as otherwise provided in this subchapter, the commission adopts and incorporates by reference the DOT Pipeline Safety Regulations, Drug and Alcoh…

38.5.2303 DEFINITIONS (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2304 DRUG AND ALCOHOL TESTING -- EXCEPTIONS This subchapter does not apply to any pipeline or transportation activity to which the commission has not accepted jurisdiction. When applicable all drug and alcohol testing of employees shall be done in accordance with 39-2-205 th…

38.5.2305 DOT PROCEDURES (REPEALED) (REPEALED)

38.5.2307 ANTI-DRUG PLAN (REPEALED) (REPEALED)

38.5.2309 USE OF PERSONS WHO FAIL OR REFUSE A DRUG TEST (REPEALED) (REPEALED)

38.5.2311 DRUG TESTS REQUIRED: PRE-EMPLOYMENT, POST-ACCIDENT, REASONABLE CAUSE AND RETURN TO DUTY (REPEALED) (REPEALED)

38.5.2313 DRUG TESTING LABORATORY (REPEALED) (REPEALED)

38.5.2315 REVIEW OF DRUG TESTING RESULTS: MEDICAL REVIEW OFFICER (REPEALED) (REPEALED)

38.5.2317 RETENTION OF SAMPLES AND RETESTING (REPEALED) (REPEALED)

38.5.2319 EMPLOYEE ASSISTANCE PROGRAM (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2321 CONTRACTOR EMPLOYEES (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2323 RECORDKEEPING (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2325 SCOPE AND COMPLIANCE -- ALCOHOL MISUSE PREVENTION PROGRAM (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1995 MAR p. 2425, Eff. 11/10/95; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2401 GENERAL PROHIBITION (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-601, et seq. , MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2402 PERMITTED CHARGES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2403 DETERMINATION OF NECESSARY AND REASONABLE EXPENSES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2404 EXCEPTIONS TO NECESSARY AND REASONABLE EXPENSES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-301, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2405 AVERAGE COSTS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; AMD, 1988 MAR p. 2037, Eff. 9/23/88; AMD, 1992 MAR p. 924, Eff. 5/1/92; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2406 PREPARATION AND SERVICE OF ESTIMATE (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.