Montana Administrative Code

38.5.1801 PURPOSE AND OBJECT OF RULES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3064, Eff. 5/15/81; REP, 1987 MAR p. 2161, Eff. 11/28/…

38.5.1802 DEFINITIONS (IS HEREBY REPEALED) ) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3064, Eff. 5/15/81; REP, 1987 MAR p. 2161, Eff. 11/28/87.

38.5.1803 PROHIBITIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3064, Eff. 5/15/81; REP, 1987 MAR p. 2161, Eff. 11/28/87.

38.5.1804 EXEMPTIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3065, Eff. 5/15/81; REP, 1987 MAR p. 2161, Eff. 11/28/87.

38.5.1805 EXEMPTIONS BASED ON HISTORICAL SIGNIFICANCE (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3066, Eff. 5/15/81; REP, 1987 MAR p. 2…

38.5.1806 EXEMPTIONS BASED ON MEMORIAL LIGHTING (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): . 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3066, Eff. 5/15/81; REP, 1987 MAR p. 2161, Eff. …

38.5.1807 EXEMPTIONS BASED ON COMMERCIAL LIGHTING OF TRADITIONAL SIGNIFICANCE (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3067, Eff. 5/1…

38.5.1808 EXEMPTION BASED ON SAFETY OF PERSONS AND PROPERTY (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3067, Eff. 5/15/81; REP, 1987 MA…

38.5.1809 TEMPORARY EXEMPTION BASED ON TIME NEEDED TO INSTALL SUBSTITUTE LIGHTING (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3068, Eff.…

38.5.181 DUPLICATION OF TESTIMONY AND REQUIRED INFORMATION To the extent that testimony and exhibits required to be filed pursuant to ARM 38.5.181 duplicate information required to be submitted pursuant to ARM 38.5.101 to 38.5.180, inclusive, such information need only be submitt…

38.5.1810 EXEMPTION BASED ON SUBSTANTIAL EXPENSE (IS HEREBY REPEALED) Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3068, Eff. 5/15/81; REP, 1987 MAR p. 2161, …

38.5.1811 EXEMPTION BASED ON THE PUBLIC INTEREST (IS HEREBY REPEALED) NEXT PAGE 38-687 Authorizing statute(s): Secs. 69-3-101, 69-3-102, 69-3-103(1) and 69-3-106, MCA Implementing statute(s): Secs. 69-3-102 and 69-3-103(1), MCA History: NEW, 1980 MAR p. 3068, Eff. 5/15/81; REP, 1…

38.5.182 TESTIMONY AND EXHIBITS A utility filing for an increase in rates and charges shall be prepared to go forward at a hearing on reasonable notice on the data, testimony and exhibits which have been submitted pursuant to these rules and sustain the burden of proof of establi…

38.5.183 COMMISSION MAY SEEK SPECIFIC COST DATA If a rate schedule required to be on file with this Commission is not required to be supported by cost of service data as set forth in these rules, but such data may be needed for commission analysis, these rules contemplate that ea…

38.5.184 DEFICIENT FILINGS The Commission shall, within 30 days of 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 the …

38.5.190 STATEMENT O -- PICTORIAL EXHIBIT REQUIREMENTS Applicant utilities that submit information in accordance with the minimum rate case filing standards for electric, gas and private water utilities shall provide pictorial exhibits, as defined below, for those items which aff…

38.5.1901 DEFINITIONS For purposes of these rules, the following definitions apply: "Avoided costs" is defined as provided in 18 CFR 292.101(b)(6). "Cogeneration facility" is defined as provided in 18 CFR 292.202(c). "Commission" means the Montana Public Service Commission. "FERC…

38.5.1902 GENERAL PROVISIONS Any qualifying facility is eligible to participate, under these rules, in arrangements for purchases and sales of electric power with electric utilities regulated by the Commission. Any qualifying facility in Montanathat produces electric energy or ca…

38.5.1903 OBLIGATIONS OF UTILITIES TO QUALIFYING FACILITIES Each utility shall purchase any energy and capacity made available by a qualifying facility, except that a utility is not obligated to make purchases from an interconnected qualifying facility: during system emergencies …

38.5.1904 OBLIGATIONS OF QUALIFYING FACILITIES TO UTILITIES A qualifying facility shall specify in its contract with a utility the nature of the purchases undertaken in the contract, including: The technology used in the production of energy or capacity by the qualifying facility…

38.5.1905 RATES FOR PURCHASES Each utility shall purchase available power from any qualifying facility at: the standard rate determined by the Commission to be appropriate for the utility; the rate determined following a petition pursuant to 69-3-603, MCA; or at the rate which is…

38.5.1906 RATES FOR SALES Each utility shall sell power delivered to a qualifying facility under the terms of the contract at the same rate applicable to the utility's nongenerating customers belonging to the same class as the qualifying facility or having similar load or other c…

38.5.1907 OPERATING SAFETY PROVISIONS Each qualifying facility shall, in the design, installation, interconnection, maintenance, and operation of the facility, comply with the requirements of the National Electrical Safety Code, as incorporated by reference in ARM 38.5.1010. Each…

38.5.1908 INFORMATION TO BE PROVIDED TO THE COMMISSION Pursuant to initial contact with a potential qualifying facility, each utility shall provide the Commission with oneelectronic copy of the utility's initial written response. No later than July 1 of each even-numbered year, e…

38.5.1909 CREATION OF A LEGALLY ENFORCEABLE OBLIGATION For a proposed, qualifying facility that has not achieved commercial operation, a legally enforceable obligation is created whena qualifying facility has demonstrated, based on objective and reasonable criteria, commercial vi…

38.5.1910 ACCESS TO AVOIDED COST DATA AND MODELING Upon a request from a qualifying facility, a utility shall providethe information required by ARM 38.5.1908(2). The utility must provide an initial avoided cost calculation within 21 days of receipt of a qualifying facility's res…

38.5.1911 INCORPORATION OF FEDERAL RULES The Commission adopts and incorporates by reference 18 CFR, Part 292, as effective August 5, 2022, which sets forth general requirements and criteria for cogeneration and small power production facilities which are eligible for considerati…

38.5.1912 VOLUNTARY MEDIATION Before the filing of a petition, a utility and qualifying facility may mutually agree to request voluntary mediation through a Commission-appointed mediator. The utility and qualifying facility must equally share the cost of any contracted mediator. …

38.5.194 APPLICATION FOR ALLOCATED COST OF SERVICE AND RATE DESIGN CHANGES Applications for allocated cost of service and rate design changes shall include the material required in ARM 38.5.103, 38.5.104, 38.5.109, 38.5.176 and 38.5.177, minimally. Each allocated cost of service …

38.5.195 POST-FILING CONFERENCE FOR ALLOCATED COST OF SERVICE AND RATE DESIGN APPLICATIONS Within 20 days after receipt of an application for allocated cost of service and rate design changes, the commission may, on its own motion or upon petition by any party, request the utilit…

38.5.2001 GOAL AND POLICY (REPEALED) Authorizing statute(s): 69-3-103, 69-3-1204, 69-8-1006, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, 69-3-1202, 69-8-1004, 69-8-1005, MCA History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; AMD, 2006 MAR p. 1461, Eff. 6/2/06; REP, …

38.5.2002 DEFINITIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2003 ENVIRONMENTAL EXTERNALITIES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2004 UNCERTAINTY AND RISK (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2005 INITIAL RESOURCE SCREENING (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2006 OPTIMIZATION OF SUPPLY AND DEMAND-SIDE RESOURCES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2007 LEAST COST RESOURCE PLANS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2008 RATE DESIGN (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2009 ELECTRIC UTILITY MARKETING GOALS, MARKETING PROGRAMS, AND COMPETITION FOR LARGE DISCRETIONARY LOADS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/9…

38.5.201 PRELIMINARY DETERMINATION OF ELIGIBILITY (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 584, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.2010 COMPETITIVE RESOURCE SOLICITATIONS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2011 REGULATORY AND MARKET BARRIERS TO INTEGRATED LEAST COST PLANNING AND ACQUISITION OF DEMAND-SIDE RESOURCES (REPEALED) Authorizing statute(s): 69-3-103 Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/…

38.5.2012 SUBMITTING LEAST COST PLANS (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-106(1), 69-3-201, MCA, ARM 38.5.2001 History: NEW, 1992 MAR p. 2764, Eff. 12/25/92; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.2016 RECOVERY OF ABANDONMENT COSTS (REPEALED) Authorizing statute(s): 69-3-1206, MCA Implementing statute(s): 69-3-1206, MCA History: NEW, 1997 MAR p. 78, Eff. 1/17/97; REP, 2023 MAR p. 21, Eff. 1/14/23.

38.5.202 AWARD OF COSTS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 585, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.2020 GOAL AND POLICY Integrated least-cost resource planning and acquisition is an ongoing, dynamic, and flexible process that: manages the consequences of risk and uncertainty; integrates demand-side, distribution-side,and power resources to minimize the long-term total cos…

38.5.2021 DEFINITIONS "Action plan period" means the five-year period beginning with the calendar year after the filing of a resource plan. "Adequate" means, with respect to an electric system owned or controlled by a utility, the ability to supply the aggregate electrical demand…

38.5.2022 PLAN CONTENTS Resource plans shall contain at least the following information: A description of any changes a utility has made to the content of its plan or its planning process in response to the Commission's comments on its last plan and how the changes affect the cur…

38.5.2023 PLANNING PROCESS A utility shall designate and engage with an advisory committee according to 69-3-1208, MCA. The utility shall meet with the advisory committee on a regular basis as it prepares resource plans. Utilitiesshall open meetings with the advisory committee to…

38.5.2024 RESOURCE PROCUREMENT A utility's resource procurement processesshall be guided by the policy in 69-3-1202, MCA, input from the public and the advisory committee provided for in 69-3-1208, MCA, and comments of the Commission on the utility's most recent resource plan. Ut…