38.2.601    DEFINITIONS

(1) The definitions contained in 69-12-101, 69-1-101, 69-13-101, 69-3-101, and 69-14-101, MCA, shall be applicable to all rules and regulations of the commission, and unless otherwise defined the following terms shall have the following meanings: 

(a) "Public utility or utility" means and includes any business which the commission is authorized to supervise, control and regulate.

(b) "Commission" means the public service commission of the state of Montana.

(c) "Commissioners" mean the duly elected public service commissioners.

(d) "Commission staff" means all persons employed or retained by the commission.

(e) "Hearing" means any public meeting in a contested case on any matter that is noticed for "hearing" by the commission in accordance with applicable statutes at which an opportunity shall be given to all interested persons to present such written and/or oral testimony as the commission shall deem relevant and material to the issues.

(f) "Examiner" means a commissioner or a member of the commission staff, or other representative duly designated by the commission to take evidence and propose an appropriate order or decision.

(g) "Petition" means a request for relief filed with the commission pertaining to enforcement or alteration of any act, policy, order, or directive of the commission.

(h) "Application" means a request to the commission for the issuance of a certificate and/or authority to perform a service as a public utility or for the purpose of setting, increasing or lowering rates to be charged for such services.

(i) "Complaint" means a request for relief regarding anything done or omitted to be done by the commission or any per-son over whom it has jurisdiction in violation of any law, rule, regulation or order administered or promulgated by the commission, pertaining to matters over which it has jurisdiction.

(j) "Motion" means a request for relief filed with the commission.

(k) "Pleading" means any application, petition, complaint, answer, protest, motion or other formal written statement filed with the commission in any formal proceeding.

(l) "Document" means any other written submission at a formal proceeding which is not a pleading.   This includes items such as reports, exhibits and studies.

(m) "Person" means any individual, partnership, corporation, association, governmental subdivision, or other identifiable public or private organization of any character who appears before the commission for any purpose, but who is not a party to the proceeding.

(n) "Party" means an individual, partnership, corporation, governmental body, or other identifiable group or organization, who initiates a commission proceeding by filing a complaint, application, protest or a petition with the commission; or who is named as a defendant or respondent; or who is named or admitted by the commission or hearings examiner to a formal proceeding and whose legal rights, duties and privileges will be determined by the commissioners' decision.

(o) "Tariff filing" means the submission of a document to the commission by a public utility seeking to increase or decrease rates currently in effect, or seeking to establish rates where none currently exist; or seeking to establish, cancel or amend rules in a tariff.


History: 69-1-110, 69-2-101, 69-2-103, 69-3-103, 69-12-201, MCA; IMP, 69-2-101, 69-2-103, MCA; NEW, 1977 MAR p. 1200, Eff. 12/24/77; AMD, 2021 MAR p. 568, Eff. 5/15/21.