Montana Administrative Register Notice 38-5-260 No. 3   02/10/2023    
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In the matter of the amendment of ARM 38.5.1010 pertaining to construction of utility lines and facilities










TO: All Concerned Persons


1. The Department of Public Service Regulation proposes to amend the above-stated rule.


2. The Department of Public Service Regulation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Service Regulation no later than 5:00 p.m. on March 3, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT, 59620-2601; telephone (406) 444-6199; fax (406) 444-7618; or e-mail pschelp@mt.gov.


3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


          38.5.1010 INCORPORATION BY REFERENCE OF NATIONAL ELECTRICAL SAFETY CODE  (1)  Pursuant to 69-4-201, MCA, the commission is empowered to implement and enforce construction standards for utility lines and facilities and for that purpose the commission hereby adopts and incorporates by reference the 2017 2023 edition of the National Electrical Safety Code (NESC).  A copy of the NESC may be obtained from the American National Standards Institute, 25 West 43rd Street, 4th Floor, New York 10036, or may be reviewed at the Public Service Commission Offices, 1701 Prospect Avenue, Helena, Montana 59620-2601.


AUTH: 69-4-201, MCA

IMP: 69-4-201, MCA


REASON: The Commission′s rules regarding incorporation by reference of the National Electrical Safety Code have not been revised since 2017.  Consistent with its obligations under 69-4-201(2), MCA, the Commission standards must be based on standards published in the most recent edition of the national electrical safety code.  Because there is a new 2023 edition of the national electrical safety code, the Commission is updating its rules to reflect that edition.


4. Interested persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Department of Public Service Regulation, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT, 59620-2601; telephone (406) 444-6199; fax (406) 444-7618; or e-mail pschelp@mt.gov, and must be received no later than 5:00 p.m., March 10, 2023.


5. The Montana Consumer Counsel, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59620-1703, telephone (406) 444-2771, is available and may be contacted to represent consumer interests in this matter.


6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list may do so by submitting a written request to the department. The request must include the name, e-mail address, and mailing address of the person to receive notices. The request must specify which of the following matters the person wishes to receive notices regarding: electric utilities, providers, and suppliers; natural gas utilities, providers, and suppliers; telecommunications utilities and carriers; water and sewer utilities; common carrier pipelines; motor carriers, rail carriers; and/or administrative procedures. The written request may be mailed or delivered to the Department of Public Service Regulation, Legal Division, 1701 Prospect Avenue, P. O. Box 202601, Helena, MT 59620-2601 or emailed to pschelp@mt.gov. Persons may also have their name added to the list of interested persons by completing a request for at any rules hearing held by the department.


7. With regard to the requirements 2-4-11, MCA, the department has determined that the amendment of the above-reference rule will not significantly and directly impact small businesses.


8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.  


9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


10. A commissioner or a duly appointed presiding officer shall preside over and conduct the hearing.



/s/ DANIEL POLKOW                           /s/ JAMES BROWN                             

Daniel Polkow                                       James Brown

Rule Reviewer                                       President

                                                              Public Service Commission


Certified to the Secretary of State January 31, 2023.



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