Title 69, Title 69

A regulated energy utility that has entered into a stipulation agreement with the commission regarding the separation of its nonregulated utility business is exempt from the provisions of this part as long as the stipulation agreement remains effective under a federal bankruptcy …

This part may be cited as the "Montana Energy Impact Assistance Act".

(1) The legislature finds that it is imperative to: (a) implement an alternative financing mechanism to address the retirement and replacement of electric infrastructure or facilities; and (b) authorize the public service commission to review and approve one or more financing ord…

As used in this part, the following definitions apply: (1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, interest rate lock or swap arrangement, liquidity or credit support arrangement, or other financial arrangement enter…

(1) The commission shall adopt rules that guide the Montana energy impact assistance bond and financing order processes in accordance with this part. (2) The rules must establish: (a) guidelines that are consistent with the objectives in 69-3-1602 for: (i) meeting Montana's elect…

(1) An electric utility may file an application with the commission for approval to issue Montana energy impact assistance bonds in one or more series, impose, charge, and collect Montana energy impact assistance charges, and create Montana energy impact assistance property relat…

(1) After notice and hearing in accordance with 69-3-1605(4), the commission may issue a financing order if the commission finds: (a) the Montana energy impact assistance costs described in the application related to the retirement or replacement of electric infrastructure or fac…

(1) A financing order remains in effect until the Montana energy impact assistance bonds issued as authorized by the financing order have been paid in full and all financing costs related to the bonds have been paid in full. (2) A financing order remains in effect and unabated no…

(1) The proceeds of Montana energy impact assistance bonds must be used to recover, finance, or refinance commission-approved Montana energy impact assistance costs and financing costs and other costs that are secured by or payable from Montana energy impact assistance property. …

(1) Except as provided in subsection (2), if the commission issues a financing order to an electric utility, the commission may not, in exercising its powers and carrying out its duties pursuant to Title 69: (a) consider the Montana energy impact assistance bonds issued pursuant …

(1) Because the commission's approval of a financing order is irrevocable, typically addresses very large amounts of financing undertaken, and is not reviewable by future commissions, in addition to its other powers and duties, the commission shall perform comprehensive due dilig…

(1) A financing order is a final order of the commission. (2) A party aggrieved by the issuance of a financing order may petition for suspension and review of the financing order in the district court of the first judicial district, Lewis and Clark County. In the case of any peti…

(1) The electric bills of an electric utility that obtains a financing order and causes Montana energy impact assistance bonds to be issued must: (a) explicitly reflect that a portion of the charges on the bill represents Montana energy impact assistance charges approved in a fin…

(1) Montana energy impact assistance property described in a financing order is an existing present property right or interest in a property right even though the imposition and collection of Montana energy impact assistance charges depends on the electric utility collecting Mont…

(1) Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in Montana energy impact assistance bonds. (2) Montana energy impact assistance …

An assignee or financing party that is not already regulated by the commission does not become subject to commission regulation solely as a result of engaging in any transaction authorized by or described in this part.

(1) If any provision of this part conflicts with any other law regarding the attachment, assignment, perfection, effect of perfection, or priority of any security interest in or transfer of Montana energy impact assistance property, the provisions of this part govern. (2) Nothing…

(1) The creation, perfection, and enforcement of any security interest in Montana energy impact assistance property to secure the repayment of the principal of and interest on Montana energy impact assistance bonds, amounts payable under any ancillary agreement, and other financi…

(1) (a) A sale, assignment, or transfer of Montana energy impact assistance property is an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the Montana energy impact assistance pr…

(1) Subject to commission approval as required by subsection (2), an electric utility shall expend or invest amounts the electric utility receives as consideration for its transfer of Montana energy impact assistance property to reduce its Montana energy impact costs and may inve…

Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, power, water, or regulated telecommunications service produced, transmitted, delivered, or furnished or for any service to be rendere…

(1) Every public utility shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. (2) Every public utility engaged directly or indirectly in any other businesses than those mentioned in 69-3-101 sha…

(1) The accounts of all public utilities must be closed annually on either June 30 or December 31. A balance sheet must be taken promptly from the accounts, and a full annual report of the business of the utility must be made to the commission not later than October 31 if the acc…

(1) The public service commission may, except as otherwise provided by law, require and receive fees before filing annual reports, schedules, and supplements not provided by law to be furnished free of charge. (2) The commission shall require and receive an additional sum to be s…

Every annual report, record, or statement required by this chapter to be made to the commission shall be sworn to by the proper officer, agent, or person in charge of such public utility. Any intentionally false oath as to the correctness of such report, record, or statement shal…

(1) Any officer, agent, or person in charge of the books, accounts, records, and papers or any of them of any public utility who shall refuse or fail for a period of 30 days to furnish the commission with any report required by the provisions of this chapter and any officer, agen…

(1) A person violating any safety regulation or provision adopted under the Natural Gas Pipeline Safety Act of 1968, as amended, that applies to areas the commission has authority to enforce is subject to a fine not to exceed $239,142 for each violation for each day. Each day in …

An officer, agent, or employee of any public utility is subject to the penalty prescribed in 69-3-206 whenever the officer, agent, or employee: (1) willfully fails or refuses to fill out and return any blanks as required by this chapter; (2) willfully fails or refuses to answer a…

If any public utility violates any provision of this chapter, does any act herein prohibited, or fails or refuses to perform any duty enjoined upon it, fails to place in operation any rate or joint rate, or fails, neglects, or refuses to obey any lawful requirement or order made …

(1) For the purposes of this section: (a) "public utility" does not include a municipal utility as defined in chapter 7 of this title; (b) a "customer billing error": (i) includes any bill issued by the utility that is not designated as an estimated bill and that understates the …

(1) Except as provided in subsection (3), a utility shall provide the average annual energy use for a property. (2) Average annual energy use must: (a) be calculated using an average of the past 12 months of usage on a property and the rates currently in effect; (b) include the e…

A utility is liable for direct damages resulting from a discontinuance of utility service caused by breach of a continuous service agreement.

(1) If electrical power produced by a generator owned by a qualified data center is sold to a public utility or an electric cooperative, the price may not exceed the cost of production. (2) The cost of production includes: (a) the capital cost of constructing the generator; (b) d…

(1) A person or entity alleging overbilling of tariffed telecommunications charges by a regulated telecommunications company shall file the action before the commission or a court of competent jurisdiction within 2 years of the date of overbilling. (2) This section is intended to…

(1) Every public utility shall file with the commission, within a time fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls, and charges which it has established and which are in force at the time for any service performed by it wi…

(1) Except as provided in 69-3-308, a change may not be made in any schedule, including schedules of joint rates, except as approved by the commission or on the passage of 9 months. If the 9-month time period expires prior to commission approval of a schedule, a utility may waive…

(1) Except as provided in 69-3-308, before the commission may approve any change increasing the rate or rates for utility service in a schedule generally affecting consumers in a utility's service area or before any change may become effective due to the passage of 9 months, the …

The commission may, in its discretion, temporarily approve increases or decreases pending a hearing or final decision. If the final decision is to disapprove an increase, the commission may order a rebate to all consumers for the amount collected retroactive to the date of the te…

(1) Except as provided in subsection (4)(a), a public utility may not: (a) charge, demand, collect, or receive a greater or less compensation for a utility service performed by it within the state or for any service in connection with a utility service than is specified in the pr…

(1) Except as provided in subsection (3), the commission may prescribe classifications of the service of all public utilities. Classifications may take into account the quantity used, the time when used, and any other reasonable consideration. A public utility is required to conf…

Costs or expenses incurred by public utilities for advertising, transfers of funds without full and adequate consideration, contributions, donations, and gifts may not be treated as expenses deductible from income or from capital assets or in any other manner by the public servic…

(1) A public utility may separately disclose in a customer's bill the amount of state and local taxes and fees assessed against the public utility that the customer is paying. (2) (a) (i) Except as provided in 15-72-601, the commission shall allow a public utility to file rate sc…

The commission may adopt rules to implement this part.

(1) The commission shall proceed, with or without notice, to make such investigation as it may deem necessary upon a complaint made against any public utility by any mercantile, agricultural, or manufacturing society or club; by any body politic or municipal organization or assoc…

When complaint is made of more than one rate, charge, or practice, the commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.

Any public utility may make complaint as to any matter affecting its own product or service with like effect as though made by any mercantile, agricultural, or manufacturing society; body politic or municipal organization; or person. Notice of the hearing upon any such complaint …