UTILITY DIVISION

38.5.404 NOTICE Upon receipt of a properly completed application to alter the provisions of an existing rate schedule and letter of transmittal, the commission will publish this information in a notice of opportunity for public hearing. This notice shall also contain the followin…

38.5.4042 MOTIONS The filing of motions will not relieve a party of any requirements during the arbitration proceeding and must not delay the proceeding. The arbitrator will act promptly to consider all motions so as not to prejudice any party to the proceeding. Authorizing statu…

38.5.4048 ARBITRATOR'S DECISION Unless the commission is the arbitrator the arbitrator shall issue a recommended decision on all the issues submitted for arbitration no later than 30 days before the date established for the commission's final decision on arbitration. The arbitrat…

38.5.4051 OTHER DUTIES OF INCUMBENT LOCAL EXCHANGE CARRIERS Within 10 days after receiving a petition for arbitration, the incumbent LEC shall provide notification of the filing in writing to all other telecommunications carriers requesting interconnection, services or network el…

38.5.4054 APPROVAL OF NEGOTIATED AND ARBITRATED AGREEMENTS; PREEXISTING AGREEMENTS An interconnection agreement shall be submitted to the commission for approval under section 252 (e) of the 1996 Act after the issuance of the final arbitration order by the commission. The time fo…

38.5.4055 APPROVED AGREEMENTS The commission retains continuing jurisdiction and will maintain regulatory oversight of the approved interconnection agreements to the extent permitted by law. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69-3-102 and 69…

38.5.4065 UNBUNDLING OF LOCAL EXCHANGE NETWORK ELEMENTS Each incumbent LEC and interconnecting facilities based new exchange carrier shall unbundle its local network elements. Network elements shall be unbundled at technically feasible points upon the bona fide request of a LEC. …

38.5.4068 EXEMPTIONS, SUSPENSIONS AND MODIFICATIONS FROM INTERCONNECTION REQUIREMENTS The incumbent LEC interconnection requirements in section 251(c) of the 1996 Act shall not apply to a rural LEC until: the rural LEC has received a bona fide request for interconnection, service…

38.5.4071 TELEPHONE NUMBER PORTABILITY All facilities-based LECs shall provide number portability so that end users may retain the same telephone number as they change from one service provider to another as long as they remain at the same location or if moving, retain the same N…

38.5.4074 MINIMUM SERVICE STANDARDS All regulated LECs shall comply with this commission's Telecommunication Service Standards, ARM 38.5.3301 through 38.5.3371, as these currently exist and as may be modified by this commission. Authorizing statute(s): Sec. 69-3-103, MCA Implemen…

38.5.4085 SEVERABILITY If any rule in this subchapter is held invalid or any part of any rule in this subchapter is held invalid, the remainder or its application to other situations or person(s) , shall not be affected. Authorizing statute(s): Sec. 69-3-103, MCA Implementing sta…

38.5.4101 SCOPE AND PURPOSE OF RULES This subchapter governs the implementation of intraLATA dialing parity in Montana. This subchapter shall be construed to secure the just, speedy and inexpensive determination of every action. All matters before the Montana public service commi…

38.5.4102 DEFINITIONS "Bona fide request," for purposes of this subchapter, is a written request submitted by a telecommunications carrier, other than the primary intraLATA toll carrier, to a local exchange carrier (LEC) for intraLATA equal access presubscription service in an ex…

38.5.4103 EQUAL ACCESS PRESUBSCRIPTION IMPLEMENTATION US West Communications, Inc. is required to implement intraLATA equal access presubscription in its Montana territory when it begins providing in-region interLATA services pursuant to 47 USC 271 or on February 8, 1999, whichev…

38.5.4104 CUSTOMER EDUCATION AND PRESUBSCRIPTION PROCEDURES In exchanges with existing interLATA dialing parity, the local exchange carrier shall provide written information to customers, at least 30 days prior to its scheduled implementation, describing intraLATA dialing parity …

38.5.4105 NOTICE AND IMPLEMENTATION Not more than 15 days after receipt of a bona fide request for implementation of intraLATA dialing parity, unless an implementation waiver is requested consistent with ARM 38.5.4103(2) (c) , the local exchange carrier or primary toll carrier sh…

38.5.4110 BALLOTING In exchanges with existing interLATA dialing parity, balloting will not be used to determine each customer's primary intraLATA carrier. In exchanges where interLATA dialing parity is not in place prior to receipt of a bona fide request for intraLATA equal acce…

38.5.4111 CHARGES No charge shall be imposed for a customer's initial selection of a primary intraLATA carrier. Each local exchange carrier shall allow customers to change their selection of a primary intraLATA carrier one time only at no charge within 90 days following implement…

38.5.4112 SCOPE OF INTRALATA EQUAL ACCESS PRESUBSCRIPTION 0-, N11 type calls (e.g. 411, 611 and 911) , and 976 calling will continue to be processed by the local exchange carrier following the implementation of intraLATA equal access presubscription in any exchange. IntraLATA 0+ …

38.5.4115 EQUAL ACCESS PRESUBSCRIPTION COST RECOVERY Each local exchange carrier may recover through its switched access rates the additional costs it incurs to provide intraLATA equal access presubscription. Such charge shall be calculated on an annual basis by dividing the intr…

38.5.4116 SAFEGUARDS In order to insure that the development of intraLATA competition will not be impeded following intraLATA equal access presubscription the following practices shall be observed by the local exchange carrier toll service provider: Customers who initiate service…

38.5.4120 DIALING PARITY PLANS Local exchange carriers shall file their toll dialing parity plans carrying out the intraLATA equal access presubscription implementation rules set forth in ARM 38.5.4101 through 38.5.4116. US West Communications, Inc. shall file its implementation …

38.5.4201 REGISTRATION REQUIREMENTS AND OBLIGATIONS OF SERVICE PROVIDERS, BILLING AGGREGATORS, AND BILLING AGENTS A service provider may not offer a product or service to a customer, the charge for which appears on the bill of a billing agent, nor forward such a charge to a billi…

38.5.4202 REGISTRATION PROCEDURES FOR SERVICE PROVIDERS AND BILLING AGGREGATORS Billing aggregators and service providers must register on a form provided by the commission that is notarized and signed by two officers of the applicant. A copy of the application form is available …

38.5.4303 MONTANA ENERGY IMPACT ASSISTANCE FINANCING If an electric utility applies to the commission to approve a financing order pursuant to the Montana Energy Impact Assistance Act, the electric utility's application to the commission must describe how such financing satisfies…

38.5.501 DEFINITION An interim rate increase is an increase granted by the Commission prior to a hearing or after a hearing and before a final decision. Interim rate increases are designated "temporary" rate increases in the enabling statute, 69-3-304 , MCA. Authorizing statute(s…

38.5.502 PREREQUISITE TO INTERIM RATE INCREASE REQUEST Any application for an interim grant of authority to increase utility rates must be filed in conjunction with a permanent rate case proceeding. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-304…

38.5.503 NOTICE The utility will issue notice of all applications it makes for interim rate increases. The notice will be transmitted to the Montana Consumer Counsel, and all parties to the permanent rate case of which the request for temporary relief is a part, to media of gener…

38.5.504 HEARINGS Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-304, MCA History: NEW, 1979 MAR p. 324, Eff. 3/30/79; REP, 1982 MAR p. 2150, Eff. 12/17/82.

38.5.505 SUPPORTING MATERIAL Any application for interim authority to increase utility rates sought as part of a general (other-than-tracking) rate increase shall only be deemed filed when all prefiled direct testimony and exhibits supporting the general rate increase request hav…

38.5.506 CRITERIA FOR APPROVAL OF REQUEST Consideration of an application to increase rates on an interim basis in a general rate increase proceeding will be guided by generally established principles of utility rate regulation. The Commission shall calculate all interim rate inc…

38.5.507 DEPENDENT UTILITIES In the case of utilities dependent on other regulated utilities for significant portions of their fuel supplies, any application for interim rate relief made in response to an interim increase granted another utility will not be subject to these rules…

38.5.508 WAIVER The commission, in its discretion, may at any time, waive any or all of these rules. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-304, MCA History: NEW, 1979 MAR p. 324, Eff. 3/30/79.

38.5.6001 DEFINITIONS "Residential customer" means a residential customer of a distribution utility. "Small customer" means a residential customer or a small natural gas commercial customer of a distribution utility. "Small natural gas commercial customer" means a commercial natu…

38.5.6002 VERIFICATION OF SMALL CUSTOMER CHOICE OF SUPPLIER A supplier may not initiate or effect a change in a small customer's choice of supplier except when the supplier initiating the change has obtained the customer's written authorization in a form that meets the requiremen…

38.5.6003 COMPLAINTS OF UNAUTHORIZED SUPPLIER SWITCHES Upon receipt of a complaint alleging an unauthorized switch in a customer's supplier, or from the commission or its staff on behalf of a customer, the supplier that initiated the change shall produce the letter of authorizati…

38.5.6004 SMALL CUSTOMER SERVICE CONTRACT All rates, terms, and conditions for supply service must be provided to a small customer in a service contract, written in plain language. The service contract must include the letter of authorization required by ARM 38.5.6002 and the let…

38.5.6005 SUPPLIER TERMINATION OF SMALL CUSTOMER CONTRACT DUE TO CUSTOMER'S NONPAYMENT A supplier terminating a small customer's service contract because of nonpayment shall provide written notice to the customer and the customer's distribution services provider at least 14 days …

38.5.6006 BILLS TO SMALL CUSTOMERS If charges for unregulated supply and energy services are combined with regulated charges on a single bill, the unregulated charges must be identified as unregulated and presented as separate line items. Bills must prominently identify the name …

38.5.6007 DEFAULT SUPPLIER The regulated natural gas distribution utility shall serve as the default supplier in its distribution service territory when a small customer is without supply service because the customer has not selected a competitive supplier or due to contract term…

38.5.6008 SERVICE DISCONNECTION A regulated natural gas distribution utility may not shut off or deny regulated natural gas distribution service to a customer due to the customer's failure to pay for unregulated service or service provided by another entity. Regulated distributio…

38.5.6009 SUPPLIER COMPLAINT PROCEDURE Each licensed supplier shall have an internal customer complaint procedure which allows for complete, fair and timely decisions and responses regarding complaints by customers. Suppliers shall keep a record of customer complaints. The commis…

38.5.601 PURPOSE (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.

38.5.6010 CLAIMS MADE IN MARKETING NATURAL GAS A supplier shall include in its license application and in its annual reports sufficient documentation to substantiate any claims made to customers in advertising, marketing, promoting, or representing that natural gas purchased from…

38.5.602 SCOPE (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.

38.5.603 EFFECTIVENESS MEASUREMENTS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.

38.5.604 ELECTION (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.

38.5.605 FINAL ORDERS -- APPEALS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.

38.5.606 RATEMAKING PROCEDURE -- GENERAL RATE CASES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.

38.5.607 RATEMAKING PROCEDURES -- LIMITED ISSUE FILINGS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff. 11/18/23.