Montana Administrative Code

38.5.1101 ESTABLISHMENT OF CREDIT -- RESIDENTIAL An applicant for residential utility service may establish credit by demonstrating to the utility any one of the following factors: Prior service with utility in question within the previous 12 months during which for at least 6 co…

38.5.1102 ESTABLISHMENT OF CREDIT -- NONRESIDENTIAL An applicant for nonresidential service may be required to demonstrate that it is a satisfactory credit risk by reasonable means appropriate under the circumstances. Authorizing statute(s): 69-3-306, MCA Implementing statute(s):…

38.5.1103 DEPOSIT REQUIREMENTS A deposit may be required under the following circumstances: Where the applicant has failed to establish a satisfactory credit history as outlined above. In any event, a deposit may be required when within the 12-months prior to the application, the…

38.5.1104 PROHIBITED STANDARDS FOR REQUIRING CASH DEPOSIT OR OTHER GUARANTEE FOR RESIDENTIAL SERVICE A utility shall not require a cash deposit or other guarantee as a condition of new or continued residential utility service based upon commercial credit standards (except as prov…

38.5.1105 AMOUNT OF DEPOSIT In instances where a deposit may be required by the utility, the deposit shall not exceed one-sixth of estimated annual billings; provided that deposit of not more than 25% of the estimate may be required of applicants for non-residential service. In t…

38.5.1106 TRANSFER OF DEPOSIT Where a customer of whom a deposit is required transfers his service to a new location within the same utility's service area, within the state of Montana, the deposit, less any outstanding balance, shall be transferable and applicable to the new ser…

38.5.1107 INTEREST ON DEPOSITS Interest on deposits held shall be accrued at the rate of 6% per year. Interest shall be computed from the time of the deposit to the time of refund or termination, to the nearest whole month, without compounding. This rule is effective October 1, 2…

38.5.1108 REFUND OF DEPOSITS Deposits plus accrued interest shall be refunded under the following circumstances and in the following form: Where the customer has for 12 consecutive months paid for service when due in a prompt and satisfactory manner as evidenced by the following:…

38.5.1109 RECORD OF DEPOSITS A utility shall maintain a record of all deposits received from customers, showing the name of each depositor, the date and amount of the deposit made, the location of the premises occupied by the depositor at the time of making the deposit, and each …

38.5.111 WORKING PAPERS SUFFICIENT TO SUPPORT THE FILING SHALL BE AVAILABLE ON COMMISSION REQUEST Any utility filing a rate increase shall be responsible for preparing prior to filing and for maintaining after filing, work papers sufficient to support the filing. Any request for …

38.5.1110 UNIFORM APPLICATION A utility shall apply deposit standards uniformly as condition of utility service to all residential customers. Authorizing statute(s): 69-3-306, MCA Implementing statute(s): 1975 HJR 27 History: NEW, Eff. 4/5/77.

38.5.1111 GUARANTEE IN LIEU OF DEPOSIT In lieu of a cash deposit required by these rules, a utility shall accept the written guarantee of a responsible party as surety for a customer service account. For the purpose of this rule, a "responsible party" shall mean: Any individual o…

38.5.1112 GUARANTEE TERMS CONDITIONS A guarantee accepted in accordance with these rules is subject to the following terms and conditions: It shall be in writing, and if necessary shall be renewed in a similar manner annually. It shall state the terms of guarantee, the maximum am…

38.5.112 TESTIMONY ON ACCOUNTING DATA The filing utility shall provide a witness to testify that the cost statements, working papers, and other supporting data submitted as a part of the filing or maintained by the filing public utility in support of the filing which purport to r…

38.5.1201 DEFINITIONS "Standby charges" are defined for the purposes of this rule as charges different than those generally available for service under the utility's tariffs, imposed where utility service is either provided: only in the event of the nonavailability to the custome…

38.5.1202 "STANDBY CHARGES" NOT ALLOWED The Commission, in view of both the state energy conservation policy and the lack of cost impact data in this area, will not approve any "standby charges" at this time. Utilities shall supply "standby service" at presently authorized rates …

38.5.1203 SERVICE TO STANDBY CUSTOMERS Utilities shall supply standby service to requesting customers, subject to limitations imposed by federal regulatory agencies. However, unless specifically required by order of a federal regulatory agency, no utility may refuse service to a …

38.5.1204 MINIMUM FILING REQUIREMENTS FOR FUTURE REQUESTS Any utility requesting "standby charges" before this Commission in the future shall provide adequate data supporting "standby service" costs incurred, including but not limited to: number of customers equipped with alterna…

38.5.1205 EXEMPTION: STANDBY CHARGES FOR INDUSTRIAL CUSTOMERS These rules shall apply to all requests for standby charges for residential and commercial classes of customers; these rules shall not apply to requests for standby charges for industrial customers. Authorizing statute…

38.5.121 STATEMENT A -- BALANCE SHEET Statement A shall include the balance sheets as of the beginning and end of the test period, and the most recently available balance sheet. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, E…

38.5.122 STATEMENT B -- INCOME STATEMENTS Statement B shall include an income statement for the test period, and the most recently available income statement. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, Eff. 7/5/77.

38.5.123 STATEMENT C -- UTILITY PLANT ACCOUNTS Statement C shall include a statement showing in summary form Utility Plant by functional category of electric, gas or water utility plant, as the case may be. Working papers shall also be supplied to show the change in additions and…

38.5.124 WORKING PAPERS -- PLANT ADDITION AND RETIREMENT FOR TEST PERIOD Working papers shall show major production and transmission plant addition and retirement projects for the test period, brief descriptions thereof, approximate dates of commercial operation or retirement fro…

38.5.125 WORKING PAPERS -- SHOWING PLANT ACCOUNTS ON AVERAGE BASIS FOR TEST PERIOD Working papers shall show plant balances on a beginning and end of period basis averaged for the test period representing functional classifications and total plant. The effect of proposed adjustme…

38.5.126 WORKING PAPERS ON CAPITALIZING INTEREST AND OTHER OVERHEADS DURING CONSTRUCTION Working papers shall include a complete statement of methods and procedures followed in capitalizing interest during construction and other construction overheads, including any policy change…

38.5.127 CHANGES IN INTANGIBLE PLANT WORKING PAPERS Working papers shall show any significant changes in intangible plant for the test year. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, MCA History: NEW, Eff. 7/5/77.

38.5.128 WORKING PAPERS ON PLANT NOT USED AND USEFUL Working papers shall set forth the cost and description of plant carried on the company's books as utility plant which was not used and useful. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-2-101, …

38.5.129 PROPERTY RECORDS WORKING PAPERS Working papers shall set forth a description of the continuing property records maintained by the utility, including methods and procedures used to price retirements. Any data required by this section which has been previously submitted to…

38.5.1301 DEFINITION (IS HEREBY REPEALED) . Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-301, MCA History: NEW, 1978 MAR p. 1553, Eff. 12/1/78; REP, 1995 MAR p. 2038, Eff. 9/29/95.

38.5.1302 CONDITIONS FOR APPROVAL (IS HEREBY REPEALED) . Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-301, MCA History: NEW, 1978 MAR p. 1553, Eff. 12/1/78; REP, 1995 MAR p. 2038, Eff. 9/29/95.

38.5.1303 PROCEDURE Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-301, MCA History: NEW, 1978 MAR p. 1553, Eff. 12/1/78; REP, 1995 MAR p. 2038, Eff. 9/29/95.

38.5.1305 DEFINITIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1307 EAS -- GENERAL The repeal of these rules does not affect the status of any existing EAS arrangement. Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; AMD, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1309 EAS PROCEDURE -- GENERAL (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1311 EAS PROCEDURE -- REGIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1313 EAS PROCEDURE -- PHASE I, COMMUNITY OF INTEREST DETERMINATION (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.1315 EAS PROCEDURE -- PHASE II, COST ANALYSIS AND RATE DESIGN (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-301, MCA History: NEW, 1995 MAR p. 2038, Eff. 9/29/95; REP, 2015 MAR p. 1203, Eff. 8/14/15.

38.5.133 STATEMENT D -- ACCUMULATED DEPRECIATION, DEPLETION AND AMORTIZATION Statement D shall include a statement of the accumulated provision for depreciation, depletion and amortization by functional classifications as of the beginning of the test period and as of the end of t…

38.5.134 WORKING PAPERS ON RECORDED CHANGES TO ACCUMULATED DEPRECIATION, DEPLETION AND AMORTIZATION Working papers shall include a summary of the following with respect to the book changes in each functional classification set forth in Statement D. Starting balance; Annual provis…

38.5.135 WORKING PAPERS ON DEPRECIATION, DEPLETION AND AMORTIZATION METHOD Working papers shall include a description of the methods and procedures followed in depreciating, depleting or amortizing plant and recording abandonments by the utility if any policy change has been made…

38.5.136 WORKING PAPERS ON ALLOCATION OF OVERALL ACCOUNTS With respect to each allocation of an overall account to obtain the amounts applicable to various functional groups of plant, provide a complete explanation of the method, procedures and significant data used in making the…

38.5.1401 DEFINITIONS For purposes of this subchapter: "Appliances essential for maintenance of health" means any electric or gas energy-using device which is certified by a licensed physician as being essential to prevent or to provide relief from serious illness or to sustain t…

38.5.1402 GROUNDS FOR TERMINATION OF SERVICE Subject to the requirements of these rules, a utility may terminate service to a customer for any of the following reasons: Nonpayment of a delinquent account; Misrepresentation of identity for the purpose of obtaining utility service;…

38.5.1403 PROHIBITED GROUNDS FOR TERMINATION OF SERVICE Neither of the following shall constitute grounds for a utility to terminate service: The failure of any person, other than the customer against whom termination is sought, to pay any charges due to the utility; The failure …

38.5.1404 STATEMENT OF TERMINATION POLICY A current general statement of the utility's termination policy shall be posted in all local business offices of the utility, shall be made available upon request to all existing customers and shall be provided to all new customers when t…

38.5.1405 NOTICE PRIOR TO AND AT THE TIME OF TERMINATION A utility may not terminate service to any residential, firm, commercial, industrial or other customer unless written notice is served. Termination notice shall be served as follows: If no response to the first notice is re…

38.5.1406 CONTENTS OF WRITTEN NOTICE The written notices required by these rules must contain: The utility's statement of termination policy; An identification of the customer and service account affected by the proposed termination; A statement of reasons for termination; The da…

38.5.1407 GROUNDS FOR TERMINATION OF SERVICE WITHOUT WRITTEN NOTICE A utility may terminate service without prior notice only: If a condition immediately dangerous or hazardous to life, physicial safety or property exists; Upon order by any court, the Commission or any other duly…

38.5.1408 CUSTOMER'S RIGHT TO DISPUTE A TERMINATION NOTICE Utilities must provide a reasonable procedure for customers to dispute the termination of service. If the utility decides such a dispute against the customer, it must do so in writing and must advise the customer that he …

38.5.1409 TERMINATION NOTICE FOR NONPAYMENT-WHEN PROHIBITED A notice of termination of service may not be issued for nonpayment of a delinquent account if the entire amount is disputed by the customer and the customer is currently negotiating the dispute with the utility or has f…