Montana Administrative Code

38.5.2025 REQUIREMENTS FOR COMPETITIVE SOLICITATIONS A competitive solicitation issued by a utility shall treat similarly situated bidders similarly and fairly, use understandable processes, and result in decisions and outcomes that are transparent and understandable to bidders, …

38.5.203 PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 586, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.204 ACCOUNTING TREATMENT (IS HEREBY REPEALED) Authorizing statute(s): Secs. 2-4-303 and 69-3-103, MCA Implementing statute(s): 69-3-102, MCA History: NEW, 1980 MAR p. 586, Eff. 2/15/80; REP, 1983 MAR p. 1738, Eff. 11/26/83.

38.5.2101 ELECTRIC UTILITY LINE AND FACILITY MAINTENANCE -- MINIMUM STANDARDS Each public utility providing electric service subject to the jurisdiction of the commission shall, at the minimum, maintain its electric utility lines and facilities pursuant to the national electrical…

38.5.2102 ELECTRIC UTILITY NOMINAL VOLTAGE AND PERMISSIBLE RANGE OF VARIANCE The standards of product and service for each public utility providing electric service subject to the jurisdiction of the commission shall, whether established by ordered tariff provision or administrat…

38.5.2201 STATEMENT OF GENERAL POLICY Pursuant to 69-3-207 , MCA, the commission is empowered to enforce the safety regulations and provisions adopted under the Natural Gas Pipeline Safety Act of 1968 (NGPSA) , as well as any amendments thereto. The rules of this subchapter 22 as…

38.5.2202 INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS The commission adopts and incorporates by reference the U.S. Department of Transportation (DOT) Pipeline Safety Regulations, Code of Federal Regulations (CFR), Title 49, chapter 1, subchapter D, parts 191…

38.5.2203 COMMISSION'S PROCEDURAL RULES TO APPLY Except as otherwise provided in these rules, the commission's procedural rules shall govern any proceedings under this subchapter. Authorizing statute(s): 69-3-103, 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW,…

38.5.2204 INSPECTIONS, INVESTIGATIONS, AND REPORTING The commission, its employees, or authorized agents, have the power to investigate all methods and practices of pipeline owners and operators; to require the maintenance and filing of reports, records and other information in t…

38.5.2205 INFORMAL REPORT OF PROBABLE VIOLATION If an inspection indicates that a pipeline owner or operator is not in compliance with the applicable pipeline safety regulations, the commission's inspector will issue a report of probable violation to the owner or operator followi…

38.5.2206 FORMAL ENFORCEMENT PROCEDURE If the violations are not satisfactorily resolved within 60 days following issuance of the report of probable violation, through the informal procedure described in ARM 38.5.2205 above, the commission may issue an order to show cause to the …

38.5.2207 RESPONSE TO ORDER TO SHOW CAUSE Within 30 days of the date of service of the order to show cause, or within such other reasonable period as may be set by the commission in the order to show cause, the pipeline owner or operator shall file a written response with the com…

38.5.2208 HEARING Upon request of an interested party, or upon its own motion, the commission may schedule a hearing in furtherance of its investigation under these rules. Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1988 MAR p. 2569,…

38.5.2209 COMMISSION DECISION After a hearing, or, if no hearing has been held, after the expiration of the response period allowed by the commission to the pipeline owner or operator, the commission may proceed to issue a decision in the form of an order. The order issued by the…

38.5.2220 INVESTIGATION AND REPORTS OF INCIDENTS OF INTRASTATE GAS PIPELINE OPERATORS (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 990 MAR p. 1897, Eff. 10/12/90; AMD, 1993 MAR p. 3043, Eff. 12/24/93; REP, 1997 MAR p. 317, …

38.5.2301 SCOPE AND COMPLIANCE This subchapter requires pipeline facilities subject to 49 Code of Federal Regulations (CFR) parts 192 and 193 to test employees for the presence of prohibited drugs and prohibited alcohol misuse and provide an employee assistance program. Authorizi…

38.5.2302 INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS -- DRUG AND ALCOHOL TESTING AND PREVENTION PROGRAMS Except as otherwise provided in this subchapter, the commission adopts and incorporates by reference the DOT Pipeline Safety Regulations, Drug and Alcoh…

38.5.2303 DEFINITIONS (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2304 DRUG AND ALCOHOL TESTING -- EXCEPTIONS This subchapter does not apply to any pipeline or transportation activity to which the commission has not accepted jurisdiction. When applicable all drug and alcohol testing of employees shall be done in accordance with 39-2-205 th…

38.5.2305 DOT PROCEDURES (REPEALED) (REPEALED)

38.5.2307 ANTI-DRUG PLAN (REPEALED) (REPEALED)

38.5.2309 USE OF PERSONS WHO FAIL OR REFUSE A DRUG TEST (REPEALED) (REPEALED)

38.5.2311 DRUG TESTS REQUIRED: PRE-EMPLOYMENT, POST-ACCIDENT, REASONABLE CAUSE AND RETURN TO DUTY (REPEALED) (REPEALED)

38.5.2313 DRUG TESTING LABORATORY (REPEALED) (REPEALED)

38.5.2315 REVIEW OF DRUG TESTING RESULTS: MEDICAL REVIEW OFFICER (REPEALED) (REPEALED)

38.5.2317 RETENTION OF SAMPLES AND RETESTING (REPEALED) (REPEALED)

38.5.2319 EMPLOYEE ASSISTANCE PROGRAM (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2321 CONTRACTOR EMPLOYEES (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2323 RECORDKEEPING (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1990 MAR p. 1897, Eff. 10/12/90; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2325 SCOPE AND COMPLIANCE -- ALCOHOL MISUSE PREVENTION PROGRAM (REPEALED) Authorizing statute(s): 69-3-207, MCA Implementing statute(s): 69-3-207, MCA History: NEW, 1995 MAR p. 2425, Eff. 11/10/95; REP, 1997 MAR p. 317, Eff. 2/11/97.

38.5.2401 GENERAL PROHIBITION (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-601, et seq. , MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2402 PERMITTED CHARGES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2403 DETERMINATION OF NECESSARY AND REASONABLE EXPENSES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2404 EXCEPTIONS TO NECESSARY AND REASONABLE EXPENSES (IS HEREBY REPEALED) Authorizing statute(s): 69-3-301, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2405 AVERAGE COSTS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; AMD, 1988 MAR p. 2037, Eff. 9/23/88; AMD, 1992 MAR p. 924, Eff. 5/1/92; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2406 PREPARATION AND SERVICE OF ESTIMATE (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2407 BIENNIAL REVIEW (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-4-603, MCA History: NEW, 1984 MAR p. 1131, Eff. 8/17/84; REP, 2004 MAR p. 340, Eff. 2/13/04.

38.5.2410 DEFINITIONS For purposes of this subchapter: "Cost schedule" includes costs to the utility for work to be done directly by the utility and costs to the utility for work to be done indirectly by the utility through contract. "Utility" means a public utility (including a …

38.5.2414 CHARGES FOR RAISING OR CUTTING OF WIRES OR CABLES OR MOVING POLES TO ACCOMMODATE THE MOVEMENT OF STRUCTURES By April 1 of each year all utilities owning or controlling wires, cables, or poles in a location which may impede the movement of structures must file a cost sch…

38.5.2501 GENERAL RULES FOR PRIVATELY OWNED WATER UTILITIES The following general rules shall be effective for all privately owned water utilities subject to the regulatory jurisdiction of the Public Service Commission. For the purposes of these rules, where the term "utility" is…

38.5.2502 APPLICATION FOR WATER SERVICE All consumers wanting water service must make an application with the utility. Except as provided in ARM 38.5.2502(2) , the utility may require consumers make a service application at the utility office on printed application forms, which s…

38.5.2503 PROVISION OF WATER SERVICE Service pipes. Service pipes shall be so arranged that the supply of each separate building, house or premises, may be controlled by a separate curb cock, placed within or near the line of the street curb, under rules established by the utilit…

38.5.2504 CONSUMER DISCONTINUANCE OF SERVICE Permanent Discontinuance. A consumer who, for any reason, including the vacating of the premises, wishes to have the water service permanently discontinued, shall give the utility at least 24 hours' notice and shall specify the date th…

38.5.2505 UTILITY DISCONTINUANCE OF SERVICE Notice of Discontinuance. No utility shall discontinue service to any consumer for violation of rules or for nonpayment of bills, without first having tried diligently to induce the consumer to comply with its rules, or to pay outstandi…

38.5.2506 GENERAL FLAT RATE AND METER RATE RULES The following general flat rate and meter rate rules shall not be construed to mean that any utility must have both flat rates and meter rates. A utility may adopt, subject to the approval of the Commission, either a flat rate or a…

38.5.2507 FLAT RATES Water Uses. The flat rate will cover the use of water for domestic, commercial and industrial uses, lawn sprinkling and any other purposes enumerated on the rate sheet covering flat rate services. Additional Fixtures. If a consumer on a flat rate schedule wan…

38.5.2508 METER RATES Meter rates will apply to all water services as indicated on the utility's tariff schedule. Any consumer wanting to receive water by meter measurement may have a meter placed by the utility under the following meter rules. Meters may be installed on any serv…

38.5.2509 UTILITY TO PROVIDE METERS Unless otherwise authorized by the Commission, each utility shall provide and install at its own expense and shall continue to own, maintain, and operate all equipment necessary for the regulation and measurement of water, in accordance with ta…

38.5.2510 LOCATION OF METERS In all cases where a meter is installed the consumer must furnish proper protection from frost or other damage, and the meter must be located where it is easily accessible for reading purposes and repairs. Where necessary for protection, a standard fo…