UTILITY DIVISION

38.5.611 SUNSET/REPEALER (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1992 MAR p. 319, Eff. 2/28/92; REP, 2023 MAR p. 1626, Eff.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.

38.5.7001 CONTEXT AND DEFINITIONS These rules implement Montana's Natural Gas Utility Restructuring and Customer Choice Act, 69-3-1401 through 69-3-1409, MCA, and shall be construed in that context. Except in administration of 69-3-1408, MCA (universal system benefits program) , …

38.5.7002 GENERAL -- PROCEDURES IN GENERAL -- PROPRIETARY INFORMATION Compliance, enforcement, and other administrative proceedings before the commission which may result from implementation of these rules or the statutes upon which they are based shall be in accordance with appl…

38.5.7005 SERVICE PROVIDERS -- STANDARDS OF CONDUCT Except as provided in (2) , a commission-regulated system services provider shall: apply all discretionary tariff provisions in the same manner to all persons to whom the tariff provisions apply; process all similar requests for…

38.5.7006 SERVICE PROVIDERS -- STANDARDS OF CONDUCT -- REVIEW OF SERVICE POLICIES Through request by the system services provider, or complaint by any other provider, supplier, customer, or other interested person, or on its own motion, the commission may review a system service …

38.5.701 JURISDICTIONAL POLICY (IS HEREBY REPEALED) Authorizing statute(s): 69-3-102 and 69-3-103, MCA Implementing statute(s): 69-7-101, 69-7-102, 69-7-113 and 69-7-201, MCA History: NEW, 1982 MAR p. 293, Eff. 2/12/82; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.7010 GAS SUPPLIERS -- APPLICATION FOR LICENSE The application to the commission for a natural gas supplier license shall include the following provisions, complete and in detail (except as provided in (5) ) : the business name of the applicant; the street address and the mai…

38.5.7011 GAS SUPPLIER -- ELECTRONIC REGISTRATION All applicants and licensed suppliers must complete and maintain an electronic registration established by the commission on its internet web site as a condition of becoming and remaining licensed. Applicants and suppliers must pr…

38.5.7012 GAS SUPPLIER -- LICENSES Except as otherwise allowed or required by operation of law or order of the commission, gas suppliers may commence operations in the Montana service areas of restructured utilities, and those areas otherwise allowing a competitive supply, upon i…

38.5.7014 GAS SUPPLIER -- ANNUAL REPORTS Annual Annual reports shall be on a form approved by the commission and include the following information (the commission may require that information from suppliers be filed more frequently, if deemed necessary) : a descriptive list of al…

38.5.7016 GAS SUPPLIER -- LICENSE REVOCATION The commission may revoke the license of a gas supplier if the gas supplier: violates any federal or state law which has as its purpose, directly or indirectly, fair competition among suppliers; violates any federal or state law which …

38.5.702 DETERMINATION OF PUBLIC SERVICE COMMISSION JURISDICTION (IS HEREBY REPEALED) Authorizing statute(s): 69-3-102 and 69-3-103, MCA Implementing statute(s): 69-7-101, 69-7-102, 69-7-113 and 69-7-201, MCA History: NEW, 1982 MAR p. 293, Eff. 2/12/82; REP, 2004 MAR p. 2933, Eff…

38.5.7020 UNIVERSAL SYSTEM BENEFITS PROGRAM Pursuant to 69-3-1408, MCA, natural gas utilities shall implement a universal system benefits program (USBP) , a public purpose program for cost-effective local energy conservation, low-income weatherization, and low-income energy bill …

38.5.7021 UNIVERSAL SYSTEM BENEFITS PROGRAM -- PROCEDURE Each utility, distribution services provider, and transmission service provider (if delivering gas for end-use) shall file with the commission a USBP plan no later than August 5, 1998. The filing shall include: a descriptio…

38.5.7101 MINIMUM FILING REQUIREMENTS FOR RESTRUCTURED GAS UTILITY APPLICATIONS FOR APPROVAL OF NATURAL GAS PRODUCTION OR GATHERING RESOURCES An application by a utility for approval of the acquisition of a natural gas production or gathering resource that is not yet procured mus…

38.5.8001 GENERAL REQUIREMENT TO OBTAIN LICENSE TO SUPPLY ELECTRICITY (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-404, MCA History: NEW, 1998 MAR p. 1929, Eff. 7/17/98; AMD, 2002 MAR p. 1512, Eff. 5/17/02; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.8002 CONTENTS OF APPLICATION FOR LICENSE TO SUPPLY ELECTRICITY (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-404, MCA History: NEW, 1998 MAR 1929, Eff. 7/17/98; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.8003 ELECTRONIC REGISTRATION (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-404, MCA History: NEW, 1998 MAR p. 1929, Eff. 7/17/98; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.8004 ANNUAL REPORTS (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-404, MCA History: NEW, 1998 MAR p. 1929, Eff. 7/17/98; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.8005 STANDARD SERVICE OFFER (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-404, MCA History: NEW, 1998 MAR p. 1929, Eff. 7/17/98; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.8006 SERVICE CONTRACT (IS HEREBY REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-404, 69-8-408, 69-8-409 and 69-8-410, MCA History: NEW, 1998 MAR p. 1929, Eff. 7/17/98; REP, 1999 MAR p. 1233, Eff. 6/4/99.

38.5.801 APPLICABILITY This subchapter is applicable to electric and natural gas public utilities. Except where otherwise provided, a utility shall comply with the minimum filing standards of this subchapter whenever it files for a rate schedule change pursuant to 69-3-302 or 69-…

38.5.802 ELECTRONIC INFORMATION – LETTER OF TRANSMITTAL The utility shall include with the request for a rate adjustment all files in an easily readable electronic format, which, if applicable, shall have all digital links intact. The letter of transmittal with respect to a filin…

38.5.803 PRE-FILED TESTIMONY The application made under 69-3-308, MCA, by a utility shall include the pre-filed testimony of a witness or witnesses. If the testimony of more than one witness is presented, the utility will identify one witness who is responsible for the completene…

38.5.804 EXPENSE AND REVENUE ADJUSTMENT WORK PAPERS The application for automatic adjustment for Montana state and local taxes and fees, excluding income taxation, provided for under 69-3-308, MCA shall include: the projected changes in taxes from the prior year; the true-up of t…

38.5.805 JURISDICTIONAL FERC ALLOCATIONS FOR TAXES For Montana state and local taxes and fees, excluding income taxation, allocated to rates collected under FERC tariffs: the utility shall disclose and explain the present allocation methodology of the expense to retail and wholes…

38.5.806 JURISDICTIONAL ALLOCATIONS FOR TAXES For Montana state and local taxes and fees and for other states' taxes, excluding income taxation, which are allocated to rates authorized by the commission and by other state utility commissions: the utility shall disclose and explai…

38.5.807 INCOME TAXATION To account for the deductibility of tax expense from the utility's income tax liability when filing for an automatic rate adjustment for Montana state and local taxes and fees, the utility will multiply the statutory income tax rate by the incremental cha…

38.5.808 ATTRIBUTION OF TAX TO PLANT Together with an application for an automatic rate adjustment for Montana state and local taxes and fees under 69-3-308, MCA, a utility will identify an allocation of Montana state and local taxes and fees to plant by FERC account. In making t…

38.5.809 VALUATION AND PROTESTS A utility will file the past two years' tax valuations from the Montana Department of Revenue. The utility will describe any informal or formal protests for its valuation or its tax expense that it has filed with any jurisdiction. For the purposes …

38.5.810 ALLOCATION OF TAXES AND FEES – RATE DESIGN A utility's application under 69-3-308, MCA, must include testimony and work papers showing the allocation of an adjustment to Montana state and local taxes and fees to each of the utility's customer classes. Testimony must incl…

38.5.8101 DEFINITIONS (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-203, 69-8-416, MCA History: NEW, 1999 MAR p. 2770, Eff. 12/3/99; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.8102 APPLICATION FOR ELIGIBILITY TO BE A DEFAULT SUPPLIER (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-203, 69-8-416, MCA History: NEW, 1999 MAR p. 2770, Eff. 12/3/99; REP, 2008 MAR p. 575, Eff. 3/28/08.

38.5.811 TAXES EXCLUDED A utility will disclose any taxes or fees assessed by taxing jurisdictions within the state of Montana which are not Montana state or local taxes or fees under 69-3-308, MCA, including, but not necessarily limited to, tribal taxes. Authorizing statute(s): …

38.5.812 REQUIREMENTS FOR THE SUBMISSION OF OMITTED INFORMATION For utility applications made pursuant to 69-3-308, MCA if a utility has not complied with the minimum filing standards of this subchapter or has otherwise failed to provide information as provided for in the proceed…

38.5.8201 INTRODUCTION AND APPLICABILITY (REPEALED) Authorizing statute(s): 69-3-2006, 69-8-403, 69-8-419, MCA Implementing statute(s): 69-3-2004, 69-3-2005, 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2003 MAR p. 2894, Eff. 12/25/03; AMD, 2006 MAR p. 1461, Ef…

38.5.8202 DEFINITIONS (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2003 MAR p. 2894, Eff. 12/25/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8203 GOALS (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8204 OBJECTIVES (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8209 UTILITY EMERGENCY SERVICE RESPONSIBILITY (REPEALED) Authorizing statute(s): 69-8-403, 69-8-419, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2006 MAR p. 1461, Eff. 6/2/06; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR …

38.5.8210 RESOURCE NEEDS ASSESSMENT (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8211 COST ALLOCATION AND RATE DESIGN (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8212 RESOURCE ACQUISITION (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8213 MODELING AND ANALYSIS (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8218 DEMAND-SIDE RESOURCES (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8219 RISK MANAGEMENT AND MITIGATION (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.8220 TRANSPARENCY AND DOCUMENTATION (REPEALED) Authorizing statute(s): 69-8-403, MCA Implementing statute(s): 69-8-403, MCA History: NEW, 2003 MAR p. 654, Eff. 4/11/03; AMD, 2008 MAR p. 575, Eff. 3/28/08; REP, 2023 MAR p. 21, Eff. 1/14/23.