UTILITY DIVISION

38.5.2407 BIENNIAL REVIEW (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2410 DEFINITIONS For purposes of this subchapter: "Cost schedule" includes costs to the utility for work to be done directly by the utility and costs to the utility for work to be done indirectly by the utility through contract. "Utility" means a public utility (including a …

38.5.2414 CHARGES FOR RAISING OR CUTTING OF WIRES OR CABLES OR MOVING POLES TO ACCOMMODATE THE MOVEMENT OF STRUCTURES By April 1 of each year all utilities owning or controlling wires, cables, or poles in a location which may impede the movement of structures must file a cost sch…

38.5.2501 GENERAL RULES FOR PRIVATELY OWNED WATER UTILITIES The following general rules shall be effective for all privately owned water utilities subject to the regulatory jurisdiction of the Public Service Commission. For the purposes of these rules, where the term "utility" is…

38.5.2502 APPLICATION FOR WATER SERVICE All consumers wanting water service must make an application with the utility. Except as provided in ARM 38.5.2502(2) , the utility may require consumers make a service application at the utility office on printed application forms, which s…

38.5.2503 PROVISION OF WATER SERVICE Service pipes. Service pipes shall be so arranged that the supply of each separate building, house or premises, may be controlled by a separate curb cock, placed within or near the line of the street curb, under rules established by the utilit…

38.5.2504 CONSUMER DISCONTINUANCE OF SERVICE Permanent Discontinuance. A consumer who, for any reason, including the vacating of the premises, wishes to have the water service permanently discontinued, shall give the utility at least 24 hours' notice and shall specify the date th…

38.5.2505 UTILITY DISCONTINUANCE OF SERVICE Notice of Discontinuance. No utility shall discontinue service to any consumer for violation of rules or for nonpayment of bills, without first having tried diligently to induce the consumer to comply with its rules, or to pay outstandi…

38.5.2506 GENERAL FLAT RATE AND METER RATE RULES The following general flat rate and meter rate rules shall not be construed to mean that any utility must have both flat rates and meter rates. A utility may adopt, subject to the approval of the Commission, either a flat rate or a…

38.5.2507 FLAT RATES Water Uses. The flat rate will cover the use of water for domestic, commercial and industrial uses, lawn sprinkling and any other purposes enumerated on the rate sheet covering flat rate services. Additional Fixtures. If a consumer on a flat rate schedule wan…

38.5.2508 METER RATES Meter rates will apply to all water services as indicated on the utility's tariff schedule. Any consumer wanting to receive water by meter measurement may have a meter placed by the utility under the following meter rules. Meters may be installed on any serv…

38.5.2509 UTILITY TO PROVIDE METERS Unless otherwise authorized by the Commission, each utility shall provide and install at its own expense and shall continue to own, maintain, and operate all equipment necessary for the regulation and measurement of water, in accordance with ta…

38.5.2510 LOCATION OF METERS In all cases where a meter is installed the consumer must furnish proper protection from frost or other damage, and the meter must be located where it is easily accessible for reading purposes and repairs. Where necessary for protection, a standard fo…

38.5.2511 METER READING The utility shall normally read meters for all urban consumers at monthly or bimonthly intervals and for all rural consumers at regular intervals up to six months. The day of the month for reading any meter as determined by the utility shall as closely as …

38.5.2512 METER ACCURACY Accuracy Dispute. In case of a dispute as to the accuracy of a meter, the consumer, may demand that the meter be removed, and tested as to accuracy, in his presence. If the meter is found to be registering correctly or in favor of the consumer, the cost o…

38.5.2513 METER TESTS Sample Tests. The utility shall select a sample of five percent of all of its meters in service each year for testing the accuracy of its registration. Fast Meters. If, upon test of any meter, the meter is found to have an average error of more than two perc…

38.5.2514 METER BILLING Where an overcollection or undercollection error in billing has occurred, the utility shall follow ARM 38.5.2503(8) . Water consumers are not permitted to interfere in any way with the meter after it is set in place. In case the meter seal is broken or the…

38.5.2526 DEFINITIONS "Contribution in aid of construction" means any money, services, or property received by a water or sewer utility to fund capital investments at no cost to the company with no obligation to repay. "Customer" means any individual or entity supplied with water…

38.5.2527 SIMPLIFIED REGULATORY TREATMENT OPTIONS Two simplified regulatory treatment options are available to a small water or sewer utility that allow it to propose rates by a method other than filing a rate application in accordance with the minimum rate case filing standards …

38.5.2528 STANDARD RATE TARIFF A small water or sewer utility may file an application to establish its initial commission-approved standard rates for small water or sewer utilities or by adopting its own rates if they are lower than the applicable standard rates. If the utility h…

38.5.2529 OPERATING RATIO METHODOLOGY This option is available only to a small water or sewer utility that has been operating under commission-approved tariffed rates for at least three years. A small water or sewer utility electing this simplified option must file a rate applica…

38.5.2530 PURCHASED WATER COST PASS-THROUGH OPTION A small water or sewer utility may file an application for authorization to pass through price changes (increases and decreases) relating to the cost of purchased water obtained from a local municipality or from other entities wh…

38.5.2531 RESERVE ACCOUNT The commission may authorize a small water or sewer utility to establish a reserve account. A reserve account is funded by customer contributions collected through rates for the purpose of making capital improvements to a utility plant pursuant to a long…

38.5.2532 RATEBASE TREATMENT OF SUBDIVISION-RELATED WATER OR SEWER UTILITY ASSETS – PRESUMPTION OF RECOVERY When a small water or sewer utility that has been built in connection with a subdivision elects to file a rate application pursuant to the commission's minimum rate case fi…

38.5.2601 RATE TARIFF FILING Every utility which changes its tariff sheets for rates, tolls and charges, pursuant to 69-3-302, MCA, shall file the tariff sheets with the commission. Every utility which changes its price list sheets for rates, tolls and charges or its detariffed s…

38.5.2602 ANNUAL REPORTS Every utility is required to file an annual report with the commission pursuant to 69-3-203, MCA. Rules Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69-3-203 and 69-3-204, MCA History: NEW, 1984 MAR p. 1129, Eff. 8/17/84; AMD,…

38.5.2603 ADVANCED METERING OPT-OUT PROVISIONS Electric and natural gas utilities shall provide customers with the option to remove an installed advanced metering device and replace it with an alternative meter approved by the commission, or to decline installation of an advanced…

38.5.2610 UTILITY NOTICE TO CONSUMERS Public utilities, transmission service providers, distribution service providers, and other providers of utility services regulated by the commission, on filing with the commission an application for approval of a proposed initial tariffed ra…

38.5.2701 PURPOSE The purpose of these rules is to implement the policy of the state of Montana to maintain universal basic telecommunications service at affordable rates and, to the extent that it is consistent with maintaining universal service to encourage competition in the t…

38.5.2702 DEFINITIONS "Regulated telecommunications service" means two-way switched, voice grade access and transport of communications originating and terminating in this state and nonvoice grade access and transport if intended to be converted to or from voice-grade access and …

38.5.2703 NOTICE Any person, corporation or organization wishing to be on a commission telecommunications mailing list shall submit their name and address, in writing, to the Assistant Administrator, Utility Division, Montana Public Service Commission, 1701 Prospect Avenue, P.O. …

38.5.2704 SERVICE PRESUMED TO BE BASIC TELECOMMUNICATIONS SERVICE All telecommunications service is presumed to be regulated telecommunications service except the services listed in 69-3-803 (3) , MCA. The rules applicable to the regulation of public utilities continue to apply t…

38.5.2705 INFORMATION REQUIRED TO DETERMINE STATUS OF SERVICE AS REGULATED OR NOT REGULATED A telecommunications service provider may assert that a service it offers is not regulated by informing the commission of its intent to offer the service as not regulated no later than 90 …

38.5.2706 NOTICE OF FILING TO INTERESTED PERSONS AND PROVIDERS When a telecommunications service provider files its intent to offer a service as not regulated as required by ARM 38.5.2705, it must notify all persons and entities on the telecommunications mailing list that it asse…

38.5.2707 COMMISSION PRIMARY JURISDICTION The commission shall have primary jurisdiction to determine if a telecommunications service is regulated. The commission may make its determination using contested case procedure or, if no hearing is requested, may act without a hearing. …

38.5.2708 ADDITIONAL INFORMATION THAT MAY BE REQUIRED FROM REGULATED PROVIDERS If the commission determines that a service is not regulated and the telecommunications provider also provides regulated telecommunications service the commission may require information regarding: the…

38.5.2709 PROHIBITION AGAINST CROSS-SUBSIDIZATION No provider of regulated telecommunications service may use current revenues earned or expenses incurred in conjunction with a regulated service to subsidize a not regulated service. The accounting records of the provider shall be…

38.5.2710 MANNER OF REGULATION OF TELECOMMUNICATION SERVICE All regulated telecommunications service providers shall file a statement of provision of telecommunications service with the commission. All current providers shall file within six months of the enactment of these rules…

38.5.2711 REGULATION OF RATES AND CHARGES All regulated telecommunications service may be subject to this rule. Nothing in these rules authorizes the detariffing of any ser- vice for which there is no alternative provider of such service. The commission may initiate a determinati…

38.5.2712 ALTERNATIVE TO RATE SETTING To determine if any of the alternatives to rate setting listed in part (2) of this rule are appropriate, the commission shall consider the factor listed in 69-3-807(3) (a) -(e) , MCA. If the commission determines that an alternative to rate s…

38.5.2713 FILING REQUIREMENT OF DETARIFFED SERVICES Any telecommunications provider offering regulated telecommunications service detariffed under ARM 38.5.2712 shall maintain sufficient internal documentation to demonstrate that the revenues from detariffed operations are in exc…

38.5.2714 PROCEDURES TO REQUIRE RE-TARIFFING The commission retains the right to retariff. A determination that a service should be retariffed is dependent on the factors listed in 69-3-807(3) (a) -(e) , MCA. Any interested party may petition the commission for a redetermination …

38.5.2715 FORBEARANCE Any telecommunications provider may apply to the commission for forbearance of regulation for purposes of negotiating an individual customer contract pursuant to 69-3-808, MCA, in accordance with the procedures set forth in this rule. The procedures specifie…

38.5.2716 FORBEARANCE CONTRACTS After forbearance is granted the telecommunications provider may negotiate with the customer for the provision of the service(s) without regard to its filed tariffs or price lists. Within ten days after reaching a final contract or agreement, the t…

38.5.2717 BILLING (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA Implementing statute(s): 69-3-102 and 69-3-201, MCA History: NEW, 1986 MAR p. 805, Eff. 5/16/86; REP, 1989 MAR p. 1515, Eff. 9/29/89.

38.5.2720 FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE -- GENERAL "Flexible pricing" is a regulatory procedure which permits regulated rates for certain regulated telecommunications services to be changed quickly to meet market conditions. Rates resulting from flexib…

38.5.2721 FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE -- PROCEDURE Except at provided in (2) , applications for flexible pricing must include: a statement that the application is for flexible pricing in accordance with these rules and a statement that the applicatio…

38.5.2722 FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE -- APPROVAL The commission will approve or deny flexible pricing on a case-by-case basis considering all relevant factors. Rate changes required to offset any reduction in revenues resulting from implementation o…

38.5.2730 APPLICABILITY ARM 38.5.2730 through the commission's detariffing rules, ARM 38.5.2711 through 38.5.2712, and § 69-3-807(2) and (3) , MCA, or the standards set forth in § 69-3-807(4) , MCA. Nothing in ARM 38.5.2730 through 38.5.2750 precludes a carrier from otherwise int…

38.5.2732 DEFINITIONS For purposes of ARM 38.5.2730 through 38.5.2750, "new service" means any service that is introduced separately or in combination with other services, and: Is not functionally required to provide local exchange service; Is not a repackaged current service; an…