Montana Administrative Code

38.5.2511 METER READING The utility shall normally read meters for all urban consumers at monthly or bimonthly intervals and for all rural consumers at regular intervals up to six months. The day of the month for reading any meter as determined by the utility shall as closely as …

38.5.2512 METER ACCURACY Accuracy Dispute. In case of a dispute as to the accuracy of a meter, the consumer, may demand that the meter be removed, and tested as to accuracy, in his presence. If the meter is found to be registering correctly or in favor of the consumer, the cost o…

38.5.2513 METER TESTS Sample Tests. The utility shall select a sample of five percent of all of its meters in service each year for testing the accuracy of its registration. Fast Meters. If, upon test of any meter, the meter is found to have an average error of more than two perc…

38.5.2514 METER BILLING Where an overcollection or undercollection error in billing has occurred, the utility shall follow ARM 38.5.2503(8) . Water consumers are not permitted to interfere in any way with the meter after it is set in place. In case the meter seal is broken or the…

38.5.2526 DEFINITIONS "Contribution in aid of construction" means any money, services, or property received by a water or sewer utility to fund capital investments at no cost to the company with no obligation to repay. "Customer" means any individual or entity supplied with water…

38.5.2527 SIMPLIFIED REGULATORY TREATMENT OPTIONS Two simplified regulatory treatment options are available to a small water or sewer utility that allow it to propose rates by a method other than filing a rate application in accordance with the minimum rate case filing standards …

38.5.2528 STANDARD RATE TARIFF A small water or sewer utility may file an application to establish its initial commission-approved standard rates for small water or sewer utilities or by adopting its own rates if they are lower than the applicable standard rates. If the utility h…

38.5.2529 OPERATING RATIO METHODOLOGY This option is available only to a small water or sewer utility that has been operating under commission-approved tariffed rates for at least three years. A small water or sewer utility electing this simplified option must file a rate applica…

38.5.2530 PURCHASED WATER COST PASS-THROUGH OPTION A small water or sewer utility may file an application for authorization to pass through price changes (increases and decreases) relating to the cost of purchased water obtained from a local municipality or from other entities wh…

38.5.2531 RESERVE ACCOUNT The commission may authorize a small water or sewer utility to establish a reserve account. A reserve account is funded by customer contributions collected through rates for the purpose of making capital improvements to a utility plant pursuant to a long…

38.5.2532 RATEBASE TREATMENT OF SUBDIVISION-RELATED WATER OR SEWER UTILITY ASSETS – PRESUMPTION OF RECOVERY When a small water or sewer utility that has been built in connection with a subdivision elects to file a rate application pursuant to the commission's minimum rate case fi…

38.5.2601 RATE TARIFF FILING Every utility which changes its tariff sheets for rates, tolls and charges, pursuant to 69-3-302, MCA, shall file the tariff sheets with the commission. Every utility which changes its price list sheets for rates, tolls and charges or its detariffed s…

38.5.2602 ANNUAL REPORTS Every utility is required to file an annual report with the commission pursuant to 69-3-203, MCA. Rules Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69-3-203 and 69-3-204, MCA History: NEW, 1984 MAR p. 1129, Eff. 8/17/84; AMD,…

38.5.2603 ADVANCED METERING OPT-OUT PROVISIONS Electric and natural gas utilities shall provide customers with the option to remove an installed advanced metering device and replace it with an alternative meter approved by the commission, or to decline installation of an advanced…

38.5.2610 UTILITY NOTICE TO CONSUMERS Public utilities, transmission service providers, distribution service providers, and other providers of utility services regulated by the commission, on filing with the commission an application for approval of a proposed initial tariffed ra…

38.5.2701 PURPOSE The purpose of these rules is to implement the policy of the state of Montana to maintain universal basic telecommunications service at affordable rates and, to the extent that it is consistent with maintaining universal service to encourage competition in the t…

38.5.2702 DEFINITIONS "Regulated telecommunications service" means two-way switched, voice grade access and transport of communications originating and terminating in this state and nonvoice grade access and transport if intended to be converted to or from voice-grade access and …

38.5.2703 NOTICE Any person, corporation or organization wishing to be on a commission telecommunications mailing list shall submit their name and address, in writing, to the Assistant Administrator, Utility Division, Montana Public Service Commission, 1701 Prospect Avenue, P.O. …

38.5.2704 SERVICE PRESUMED TO BE BASIC TELECOMMUNICATIONS SERVICE All telecommunications service is presumed to be regulated telecommunications service except the services listed in 69-3-803 (3) , MCA. The rules applicable to the regulation of public utilities continue to apply t…

38.5.2705 INFORMATION REQUIRED TO DETERMINE STATUS OF SERVICE AS REGULATED OR NOT REGULATED A telecommunications service provider may assert that a service it offers is not regulated by informing the commission of its intent to offer the service as not regulated no later than 90 …

38.5.2706 NOTICE OF FILING TO INTERESTED PERSONS AND PROVIDERS When a telecommunications service provider files its intent to offer a service as not regulated as required by ARM 38.5.2705, it must notify all persons and entities on the telecommunications mailing list that it asse…

38.5.2707 COMMISSION PRIMARY JURISDICTION The commission shall have primary jurisdiction to determine if a telecommunications service is regulated. The commission may make its determination using contested case procedure or, if no hearing is requested, may act without a hearing. …

38.5.2708 ADDITIONAL INFORMATION THAT MAY BE REQUIRED FROM REGULATED PROVIDERS If the commission determines that a service is not regulated and the telecommunications provider also provides regulated telecommunications service the commission may require information regarding: the…

38.5.2709 PROHIBITION AGAINST CROSS-SUBSIDIZATION No provider of regulated telecommunications service may use current revenues earned or expenses incurred in conjunction with a regulated service to subsidize a not regulated service. The accounting records of the provider shall be…

38.5.2710 MANNER OF REGULATION OF TELECOMMUNICATION SERVICE All regulated telecommunications service providers shall file a statement of provision of telecommunications service with the commission. All current providers shall file within six months of the enactment of these rules…

38.5.2711 REGULATION OF RATES AND CHARGES All regulated telecommunications service may be subject to this rule. Nothing in these rules authorizes the detariffing of any ser- vice for which there is no alternative provider of such service. The commission may initiate a determinati…

38.5.2712 ALTERNATIVE TO RATE SETTING To determine if any of the alternatives to rate setting listed in part (2) of this rule are appropriate, the commission shall consider the factor listed in 69-3-807(3) (a) -(e) , MCA. If the commission determines that an alternative to rate s…

38.5.2713 FILING REQUIREMENT OF DETARIFFED SERVICES Any telecommunications provider offering regulated telecommunications service detariffed under ARM 38.5.2712 shall maintain sufficient internal documentation to demonstrate that the revenues from detariffed operations are in exc…

38.5.2714 PROCEDURES TO REQUIRE RE-TARIFFING The commission retains the right to retariff. A determination that a service should be retariffed is dependent on the factors listed in 69-3-807(3) (a) -(e) , MCA. Any interested party may petition the commission for a redetermination …

38.5.2715 FORBEARANCE Any telecommunications provider may apply to the commission for forbearance of regulation for purposes of negotiating an individual customer contract pursuant to 69-3-808, MCA, in accordance with the procedures set forth in this rule. The procedures specifie…

38.5.2716 FORBEARANCE CONTRACTS After forbearance is granted the telecommunications provider may negotiate with the customer for the provision of the service(s) without regard to its filed tariffs or price lists. Within ten days after reaching a final contract or agreement, the t…

38.5.2717 BILLING (IS HEREBY REPEALED) Authorizing statute(s): 69-3-822, MCA Implementing statute(s): 69-3-102 and 69-3-201, MCA History: NEW, 1986 MAR p. 805, Eff. 5/16/86; REP, 1989 MAR p. 1515, Eff. 9/29/89.

38.5.2720 FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE -- GENERAL "Flexible pricing" is a regulatory procedure which permits regulated rates for certain regulated telecommunications services to be changed quickly to meet market conditions. Rates resulting from flexib…

38.5.2721 FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE -- PROCEDURE Except at provided in (2) , applications for flexible pricing must include: a statement that the application is for flexible pricing in accordance with these rules and a statement that the applicatio…

38.5.2722 FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE -- APPROVAL The commission will approve or deny flexible pricing on a case-by-case basis considering all relevant factors. Rate changes required to offset any reduction in revenues resulting from implementation o…

38.5.2730 APPLICABILITY ARM 38.5.2730 through the commission's detariffing rules, ARM 38.5.2711 through 38.5.2712, and § 69-3-807(2) and (3) , MCA, or the standards set forth in § 69-3-807(4) , MCA. Nothing in ARM 38.5.2730 through 38.5.2750 precludes a carrier from otherwise int…

38.5.2732 DEFINITIONS For purposes of ARM 38.5.2730 through 38.5.2750, "new service" means any service that is introduced separately or in combination with other services, and: Is not functionally required to provide local exchange service; Is not a repackaged current service; an…

38.5.2735 FILING REQUIREMENTS A carrier must file an application with the commission requesting approval of a new service pursuant to 69-3-810, MCA, in accordance with the following filing requirements. The carrier must file an application containing the following information: A …

38.5.2740 APPROVAL PROCESS The 10 day period immediately following the filing and service of the application constitutes a comment period for interested parties. However, nothing herein shall be interpreted to preclude interested parties from filing comments or requesting a heari…

38.5.2742 PROVISION OF NEW SERVICE A new service which has been approved as provided above, may be offered on a "detariffed" basis. For purposes of this rule, "detariffed" means that the rates for the service may be changed without commission approval (above a minimum rate) , but…

38.5.2744 PRICE LIST REVISIONS A carrier may request a change in a price list rate for a new service by filing a proposed new price list with the commission which complies with the provisions of these rules, and mailing a copy to the commission's new services telecommunications m…

38.5.2750 RETARIFFING The commission retains the The commission may initiate a proceeding, or an interested party may petition, for the retariffing of a detariffed new service in accordance with the procedure described in ARM 38.5.2714. right to retariff a detariffed new service.…

38.5.2760 WITHDRAWAL A carrier may request withdrawal of a current telecommunications service pursuant to § 69-3-810(4) , MCA, in accordance with the following procedure. This rule shall not preclude a carrier from requesting withdrawal of a service pursuant to other procedural m…

38.5.2801 LETTER OF TRANSMITTAL The letter accompanying a telecommunications utility rate case filing to the commission shall contain a minimum of the following: A list of documents submitted with the filing; A list of names and addresses of those to whom copies of the rate case …

38.5.2802 APPLICATIONS FOR RATE INCREASES Applications for rate increases exceeding $500,000 annually shall include, minimally, the information required in ARM 38.5.2808 through 38.5.2820. Applications for rate increases not exceeding $500,000 annually shall contain such informat…

38.5.2803 ANALYSIS OF TOTAL SYSTEM COSTS FOR A TWELVE MONTH HISTORICAL TEST YEAR The application shall contain an analysis of total Montana costs as reflected on the filing utility's books for a test period consisting of 12 months actual experience ending no earlier than 9 months…

38.5.2804 OTHER DATA RELIED ON If the applicant has relied on data other than those in statements A to I in support of its rate increase, such other data, appropriately identified and designated as such and separately stated, shall be submitted in addition to the data required in…

38.5.2805 WORKING PAPERS TO BE FILED Three sets of all detailed working papers or documentation supporting the filing and/or the statements described in these rules shall be submitted at the time the application is filed with the Commission. Such working papers shall be supplied …

38.5.2806 UNIFORM SYSTEM OF ACCOUNTS TO BE GENERALLY FOLLOWED All statements and schedules shall be prepared in accordance with the Federal Communications Commission Uniform System of Accounts, provided that such action does not conflict with Montana law and the commission's rule…

38.5.2807 COST OF SERVICE DATA With the initial application for a rate increase under these rules, the applicant shall submit a complete cost of service study supporting the services and customer classes receiving proposed rate increases and a clear showing that revenues from ser…