Montana Administrative Code

38.5.8406 REVIEW PROCEDURES An EDC shall review interconnection requests using one or more of the following review procedures: An EDC shall use Level 1 procedures for evaluation of all interconnection requests to connect inverter-based small generation facilities if: The small ge…

38.5.8407 TECHNICAL STANDARDS Unless otherwise provided in these rules, IEEE Standard 1547-2003 is to be used in evaluating all interconnection requests under Level 1, Level 2, Level 3, and Level 4 reviews. IEEE Standard 1547.1-2005 is to be used for testing interconnection equip…

38.5.8408 ADDITIONAL REQUIREMENTS The interconnection applicant is responsible for construction of all generator facilities and obtaining any necessary local code official approval. To assist customers in the interconnection process, the EDC must: Maintain all interconnection rel…

38.5.8409 LEVEL 1 EXPEDITED REVIEW An EDC shall use the Level 1 interconnection review procedure for an interconnection request that meets the criteria in 38.5.8406(1)(a). An EDC shall not impose additional requirements for Level 1 reviews not specifically authorized under this r…

38.5.8410 LEVEL 2 EXPEDITED REVIEW An EDC shall use the Level 2 interconnection review procedure for an interconnection request that meets the criteria in ARM 38.5.8406(1)(b). An EDC shall not impose additional requirements for Level 2 reviews not specifically authorized under th…

38.5.8411 LEVEL 3 EXPEDITED REVIEW An EDC shall use the Level 3 interconnection review procedure for an interconnection request that meets the criteria in ARM 38.5.8406(1)(c). An EDC shall not impose additional requirements for Level 3 reviews not specifically authorized under th…

38.5.8412 LEVEL 4 STUDY REVIEW An EDC shall use the Level 4 study review procedure for an interconnection request that meets the criteria in ARM 38.5.8406(1)(d). Within ten business days from receipt of an interconnection request, the EDC shall notify the applicant whether the re…

38.5.8413 DISPUTE RESOLUTION A party shall attempt to resolve all disputes regarding interconnection as provided in ARM 38.5.8401 through 38.5.8412 promptly, equitably, and in a good faith manner. When a dispute arises, a party may seek immediate resolution through complaint proc…

38.5.8601 DEFINITIONS In this subchapter the following definitions shall apply unless the context otherwise clearly demands: "Interruption" means a loss of service to one or more customers. "Interruption duration" means the period of time, in minutes, between the time an electric…

38.5.8604 ENERGY UTILITY SERVICE INTERRUPTION NOTIFICATION Each energy utility shall report promptly to news media that are capable of timely dissemination of information on any specific occurrence or development which interrupts or is likely to interrupt the utility's natural ga…

38.5.8607 ENERGY UTILITY PLANNED OUTAGES In the event that service must be interrupted for more than two hours for planned work on utility facilities or equipment, the work shall be done at a time which will cause minimal inconvenience to customers, including consideration of wea…

38.5.8610 GENERAL OBLIGATIONS OF ENERGY UTILITIES Each energy utility shall make reasonable efforts to avoid and prevent interruptions of service. However, when interruptions occur, service shall be reestablished within the shortest time practicable, consistent with safety and go…

38.5.8613 ELECTRIC UTILITY SYSTEM RELIABILITY The following service reliability indices measure the frequency and duration of service interruptions. They are recognized as standard reliability indices for the electric utility industry and may be applied to entire distribution sys…

38.5.8616 RECORDKEEPING REQUIREMENTS FOR ELECTRIC UTILITIES Each electric utility shall maintain and record complete records of service interruptions on the distribution system as a whole and for each operating area on the distribution system. These records shall enable the utili…

38.5.8619 ANNUAL ELECTRIC RELIABILITY REPORT Each electric utility shall submit to the commission on or before March 1 of each year an annual reliability report for the previous calendar year for the Montana jurisdiction. The report shall include the following information: aggreg…

38.5.901 DEFINITION "Billing error" means any bill issued by a natural gas, electric, private water or sewer utility that is not designated as an estimate and that understates the amount owed by a utility customer. It also means a utility's failure to bill a customer, although th…

38.5.902 BILLING ERRORS When a billing error is discovered which is not the result of theft by the customer, the utility may submit a bill to the customer based on the corrected information for a period not to exceed six months from the date the billing error is discovered. Autho…

38.5.903 EXEMPTION Billing errors on accounts of industrial customers are exempt from the provisions of these rules. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Sec. 69-3-102, MCA History: NEW, 1983 MAR p. 1739, Eff. 11/26/83.

38.5.904 EFFECTIVE DATE Utilities are required to comply with this rule for billing errors discovered on and after January 26, 1984. However, utilities are authorized to implement the rule immediately, both for billing errors presently known and for errors which are discovered pr…

38.6.101 DEFINITION The term "energy conservation materials" as used in section 15-32-107 , MCA, includes the following materials: Caulking and weatherstripping of doors and windows; Furnace efficiency modifications including: Replacement burners, furnaces or boilers of any combi…

38.6.102 PREVAILING INTEREST RATE The term "prevailing average interest rate for home improvement loans" as used in section 15-32-107 , MCA means and is determined to be 12.50 percent per annum. Authorizing statute(s): Sec. 15-32-107(3), MCA Implementing statute(s): Sec. 15-32-10…

38.6.103 MODIFICATIONS OF PREVAILING INTEREST RATE The rate stated in the preceding section will be modified, as necessary, to reflect changes in the interest rate for home improvement loans made by lending institutions in Montana. The procedure for modification shall be that pre…

38.6.201 GAS ENERGY CONSERVATION PLANS The natural gas utilities in Montana shall prepare individually with their major industrial and commercial natural gas users, (all customers who use over 50,000 mcf of gas a year) energy conservation plans aimed at improving the efficiency o…

38.6.202 GAS ENERGY WASTE CURTAILMENT; ORDER TO SHOW CAUSE A public utility customer who does not file an emergency conservation plan by the due date or any such customer whose plan is not sufficient on the due date, or one that is not meeting conservation goals will face a gas e…

38.6.301 PROPER ACCOUNTING TREATMENT FOR ACCEPTABLE CONSERVATION EXPENDITURES Gas and electric utilities operating in Montana shall account for acceptable conservation expenditures in the following manner: Conservation costs in the following categories will be deferred in a subac…

38.7.101 MONTHLY REPORTS Each intrastate common carrier pipe line company shall file with the commission at its office in Helena, Montana, monthly reports to be filed not later than the 25th day of the month, following the calendar month for which the report is rendered, verified…

38.7.102 ANNUAL REPORTS Each intrastate common carrier pipe line company shall file with the commission, at its office in Helena, Montana, an annual report for each calendar year. The report shall be filed not later than the 30th day of April next following the year for which the…

38.8.101 COST OF SERVICE INFORMATION The department of public service regulation hereby adopts and incorporates by reference Title 18, part 290, CFR as they exist on January 30, 1983, which sets forth requirements for collection of information regarding cost of service for electr…

38.9.101 PURPOSE, SCOPE, AND LIMITATIONS The following rules implement provisions of the Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act, 10-3-1301 through 10-3-1310 , MCA, that are not self-implementing or otherwise require rules. The rules are supp…

38.9.102 DEFINITIONS Terminology used in these rules have the meanings assigned in the act and this rule, unless the context clearly dictates otherwise: "Account" means the radioactive waste transportation monitoring, emergency response, and training account as provided in 10-3-1…

38.9.103 PRIMARY CONTACT POINT The primary contact point regarding administration and implementation of the act and these rules is: administrator, disaster and emergency services division, telephone (406) 841-3911, fax (406) 841-3965, street address 1900 Williams Street, Helena, …

38.9.104 RESPONSIBILITIES OF OWNER, ORIGINATING SHIPPER, AND TRANSPORTER The responsibilities of the owner and originating shipper (if not the owner) are as provided in 10-3-1305 and 10-3-1306 , MCA. The responsibilities include elements such as notification, accompanied by infor…

38.9.105 RESPONSIBILITIES OF DISASTER AND EMERGENCY SERVICES DIVISION The disaster and emergency services division is the lead Montana authority regarding the act and these rules and is the primary Montana point-of-contact by the owner, originating shipper, and transporter of rad…

38.9.106 RESPONSIBILITIES OF DEPARTMENT OF TRANSPORTATION The responsibilities of the department of transportation are as provided at 10-3-1306 , MCA. Upon receipt of notification of approval by the disaster and emergency services division, the department of transportation shall …

38.9.107 RESPONSIBILITIES OF HIGHWAY PATROL The responsibilities of the highway patrol are as provided at 10-3-1308 , MCA. Upon receipt of notification of approval by the disaster and emergency services division, the highway patrol shall coordinate with the disaster and emergency…

38.9.108 RESPONSIBILITIES OF PUBLIC SERVICE COMMISSION The responsibilities of the public service commission are as provided at 10-3-1309 , MCA. The public service commission shall monitor transportation of radioactive waste by rail within or through Montana. Following notice of …

38.9.109 STATE AUTHORITIES: NOTIFICATION BY DISASTER AND EMERGENCY SERVICES DIVISION Disaster and emergency services division notification to the state authorities shall be by fax and telephone. Authorizing statute(s): 10-3-1309, MCA Implementing statute(s): 10-3-1306 and 10-3-13…

38.9.110 LOCAL AUTHORITIES: NOTIFICATION BY DISASTER AND EMERGENCY SERVICES DIVISION The disaster and emergency services division will provide specific notification through the public safety answering point of all Montana local authorities directly affected by the intended route,…

38.9.111 RESPONSIBILITIES OF LOCAL AUTHORITIES Local authorities must convey the disaster and emergency services division notification to the public safety answering point to the appropriate local authority offices, officers, and personnel according to the structure and response …

38.9.112 PROCESS AND QUALIFICATIONS FOR LOCAL GOVERNMENTS AND LOCAL EMERGENCY RESPONSE ENTITIES TO RECEIVE TRAINING The disaster and emergency services division shall provide training for local jurisdiction emergency responders as part of normal disaster and emergency training pr…

38.9.113 COLLECTION OF FEES, ACCOUNTING, AND DISBURSEMENT OF FUNDS The department of transportation shall collect fees in accordance with the act. Fees collected must be deposited in the account administered by the disaster and emergency services division. The disaster and emerge…

42.1.101 ORGANIZATIONAL RULE Organization of the Department of Revenue. The Department of Revenue (department) was implemented under the Executive Reorganization Act of 1971 by executive order of the Governor on August 9, 1971. 2-15-1301, MCA. The department is organized into a D…

42.10.501 DEFINITIONS The following definitions apply to terms found in this subchapter: "Collection methods" means any action taken in an attempt to collect on a debt, including but not limited to making a demand for payment, issuing collection notices, obtaining a judgment, and…

42.10.502 AGENCY'S SUBMISSION OF DEBTS TO DEPARTMENT Prior to submitting any debt to the department for collection services, the agency shall: enter into a memorandum of understanding with the department addressing debt collection services; and establish criteria for uncollectibi…

42.10.503 DEPARTMENT'S REVIEW OF SUBMITTED ACCOUNTS The department will only accept a debt for collection services if the department determines that the submitting agency has met its criteria for uncollectibility, unless the agency is exempted from this requirement under 17-4-105…

42.10.504 TRANSFER OF DEBTS TO DEPARTMENT Upon the department's acceptance of a debt for collection services, the debt is transferred to the department. Once a debt has been transferred to the department, the submitting agency shall: write off the debt; cease all collection activ…

42.10.505 DEBTOR APPEALS ON VALIDITY OF TRANSFER OF DEBT The department shall notifya debtor that another agency has transferreda debt to the department for collection services. The notice of transfer shall identify the debt and provide: a statement that the department intends to…

42.10.506 DEBTOR APPEALS ON DEPARTMENT'S COLLECTIONS The department shall notify the debtor when it identifies funds that may be subject to offset. The notice of offsetshall identify the debt and funds held andinform the debtorthat the department will hold the funds for 30 days p…

42.10.507 APPEAL HEARINGS Hearings on debts owed to an agency other than the Department of Public Health and Human Services will be conducted by the department. Such hearings will be conducted pursuant to 15-1-211, MCA, and ARM 42.2.613 through 42.2.621. Hearings on debts owed to…

42.10.508 WRITE OFF OF AGENCY DEBT BY DEPARTMENT Upon determining that a transferred debt is uncollectible or that the cost of continued collection activities would exceed the amount of debt, the department shall write off the debt and cease collection activities. Authorizing sta…