UTILITY DIVISION

38.5.2735 FILING REQUIREMENTS A carrier must file an application with the commission requesting approval of a new service pursuant to 69-3-810, MCA, in accordance with the following filing requirements. The carrier must file an application containing the following information: A …

38.5.2740 APPROVAL PROCESS The 10 day period immediately following the filing and service of the application constitutes a comment period for interested parties. However, nothing herein shall be interpreted to preclude interested parties from filing comments or requesting a heari…

38.5.2742 PROVISION OF NEW SERVICE A new service which has been approved as provided above, may be offered on a "detariffed" basis. For purposes of this rule, "detariffed" means that the rates for the service may be changed without commission approval (above a minimum rate) , but…

38.5.2744 PRICE LIST REVISIONS A carrier may request a change in a price list rate for a new service by filing a proposed new price list with the commission which complies with the provisions of these rules, and mailing a copy to the commission's new services telecommunications m…

38.5.2750 RETARIFFING The commission retains the The commission may initiate a proceeding, or an interested party may petition, for the retariffing of a detariffed new service in accordance with the procedure described in ARM 38.5.2714. right to retariff a detariffed new service.…

38.5.2760 WITHDRAWAL A carrier may request withdrawal of a current telecommunications service pursuant to § 69-3-810(4) , MCA, in accordance with the following procedure. This rule shall not preclude a carrier from requesting withdrawal of a service pursuant to other procedural m…

38.5.2801 LETTER OF TRANSMITTAL The letter accompanying a telecommunications utility rate case filing to the commission shall contain a minimum of the following: A list of documents submitted with the filing; A list of names and addresses of those to whom copies of the rate case …

38.5.2802 APPLICATIONS FOR RATE INCREASES Applications for rate increases exceeding $500,000 annually shall include, minimally, the information required in ARM 38.5.2808 through 38.5.2820. Applications for rate increases not exceeding $500,000 annually shall contain such informat…

38.5.2803 ANALYSIS OF TOTAL SYSTEM COSTS FOR A TWELVE MONTH HISTORICAL TEST YEAR The application shall contain an analysis of total Montana costs as reflected on the filing utility's books for a test period consisting of 12 months actual experience ending no earlier than 9 months…

38.5.2804 OTHER DATA RELIED ON If the applicant has relied on data other than those in statements A to I in support of its rate increase, such other data, appropriately identified and designated as such and separately stated, shall be submitted in addition to the data required in…

38.5.2805 WORKING PAPERS TO BE FILED Three sets of all detailed working papers or documentation supporting the filing and/or the statements described in these rules shall be submitted at the time the application is filed with the Commission. Such working papers shall be supplied …

38.5.2806 UNIFORM SYSTEM OF ACCOUNTS TO BE GENERALLY FOLLOWED All statements and schedules shall be prepared in accordance with the Federal Communications Commission Uniform System of Accounts, provided that such action does not conflict with Montana law and the commission's rule…

38.5.2807 COST OF SERVICE DATA With the initial application for a rate increase under these rules, the applicant shall submit a complete cost of service study supporting the services and customer classes receiving proposed rate increases and a clear showing that revenues from ser…

38.5.2808 STATEMENT A -- BALANCE SHEET Statement A shall include the balance sheets on a total company basis as of the beginning and end of the test period, and the most recent balance sheet. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69-2-101, 69-3…

38.5.2809 STATEMENT B -- INCOME STATEMENTS Statement B shall include an income statement for the test period Total company; Total state; Regulated total state; Regulated intrastate. set forth as follows: Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69…

38.5.2810 STATEMENT C -- RATE BASE Statement C shall include the average rate base proposed by the applicant set forth in a manner similar to the format shown in Statement B. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, 1986…

38.5.2811 STATEMENT D -- PLANT NOT USED AND USEFUL Statement D shall set forth the cost and description of plant carried on the company's books as utility plant which is not used and useful. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69-2-101 and 69…

38.5.2812 STATEMENT E -- ALLOCATION OF OVERALL ACCOUNTS Statement E shall set forth the allocation of all overall accounts to separate the amounts applicable to regulated service and not regulated services and shall provide a complete explanation of the method, procedures, and si…

38.5.2813 STATEMENT F -- AFFILIATED INTEREST TRANSACTIONS If the expense or capital accounts contain charges or credits from associated entities of the applicant, submit for each such associated entity work papers showing the following: The amount of the charges or credits during…

38.5.2814 STATEMENT G -- INCOME TAXES Statement G shall include a reconciliation between booked taxes and actual taxes paid. All adjustments shall be completely described and the amounts thereof shown separately. Amounts of deferred taxes debited and credited shall be shown separ…

38.5.2815 STATEMENT H -- RATE OF RETURN Statement H shall show the percentage rate of return claimed. The statement shall show the cost of debt capital, preferred stock capital, and common stock capital and the overall rate of return claimed based on the utilities capitalization.…

38.5.2816 DEBT CAPITAL Statement H shall include the weighted average cost of debt capital based upon the following data for each class and series of long-term debt outstanding according to the most recently available balance sheet: Title; Date of issuance and date of maturity; I…

38.5.2817 PREFERRED STOCK CAPITAL Statement H shall also show the weighted average cost of preferred stock capital based upon the following data for each class and series of preferred stock outstanding according to the most recently available balance sheet: Title; Date of issuanc…

38.5.2818 COMMON STOCK CAPITAL Statement H shall include the following for each sale of common stock during the two year period preceding the most recently available balance sheet: Number of shares sold; Gross proceeds at offering price; Underwriters' discount or commission; Proc…

38.5.2819 STATEMENT H-1 -- REACQUISITION OF BONDS OR PREFERRED STOCK If any bonds or preferred stock have been reacquired by the utility during the 18 months prior to the date of filing, show full details in Schedule H-1, including: Title or series; Principal amounts or par value…

38.5.2820 STATEMENT I -- COMPARISON OF SALES AND REVENUES The application for a rate increase shall include a statement comparing rates, sales, and the revenues there from under the currently approved rate schedules and the rate schedules proposed to be superseded or supplemented…

38.5.2821 DEFICIENT FILINGS The commission shall, within 30 days of the filing by the utility of an application for rate increases, notify the utility of any failure of the application to comply with requirements of these rules. The notice shall specify the deficiencies and grant…

38.5.2901 PURPOSE This sub-chapter's purpose is to provide guidelines for calculating the amount of contribution in aid of construction to be collected from a utility customer. Utilities with operating revenue of less than $25,000 are not subject to this sub-chapter. Authorizing …

38.5.2902 DEFINITION The term contribution in aid of construction refers to all money or other property received by a public utility that it must include in its taxable income as a result of the repeal of IRC Sec. 118 (b) . It includes money or other property received by a regula…

38.5.2903 CALCULATION OF CONTRIBUTION The amount a regulated utility collects from a customer making a contribution in aid of construction must include: The contribution in aid of construction, and An amount equal to the utility's increased income tax expense that is caused by in…

38.5.2904 EFFECT ON RATES Contributions in aid of construction are not included in income for ratemaking purposes. Ratepayers are not responsible for any effects associated with the inclusion of contribution in aid of construction in taxable income. Authorizing statute(s): Sec. 6…

38.5.3001 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/26/03.

38.5.3002 DESIGNATION AS A PUBLIC ACCESS POINT (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/26/03.

38.5.3003 PRIORITY FOR FUNDING FROM THE MONTANA INTERIM UNIVERSAL ACCESS PROGRAM (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 200…

38.5.3004 DETERMINATION OF DISCOUNT AMOUNT (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/26/03.

38.5.3005 APPLICATION FOR DISCOUNTED SERVICES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/26/03.

38.5.3006 APPLICATION DEADLINES AND DISBURSEMENT OF FUNDS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/2…

38.5.3007 REDUCTION OF DISCOUNTS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/26/03.

38.5.3008 AUDITING (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, Eff. 9/26/03.

38.5.3009 MONTANA INTERIM UNIVERSAL ACCESS PROGRAM SURCHARGE RATE (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA and Ch. 349, sec. 37, L. 1997 Implementing statute(s): 69-3-856 through 69-3-860, MCA History: NEW, 1998 MAR p. 181, Eff. 10/21/97; REP, 2003 MAR p. 2085, …

38.5.301 APPLICATIONS FOR RATE INCREASES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; AMD, 1989 MAR p. 981, Eff. 7/28/89; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.302 TWO TYPES OF FILINGS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.303 LETTER OF TRANSMITTAL (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.304 UTILITY-RELATED ORDINANCES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.305 PETITION AND PROPOSED TARIFFS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.306 RESOLUTION (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.307 NARRATIVE, COMPARISON OF RATES, NUMBER OF CUSTOMERS AFFECTED, AND ANTICIPATED ADDITIONAL REVENUE (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 39-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/…

38.5.308 COMPARISON OF REVENUES AND EXPENSES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.309 SCHEDULES OF REVENUES BY CLASS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.310 SCHEDULES OF NUMBERS OF CUSTOMERS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.