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This is an obsolete version of the rule. Please click on the rule number to view the current version.

38.2.5031    PUBLIC UTILITY EXECUTIVE COMPENSATION

(1) If the commission is in possession of executive compensation information‚ the commission will not afford proprietary‚ confidential treatment to the compensation of the three highest-paid‚ Montana-based employees. Total compensation includes‚ but is not limited to base salary‚ short-term (annual) incentive plan benefits‚ long-term incentive plan benefits‚ stock options‚ any supplemental benefit plans and perquisites‚ and compensation from the public utility affiliates of their executive management personnel in Montana.  The total compensation information of the three highest-paid‚ Montana-based utility employees will not be protected from public disclosure through issuance of a protective order by the commission. If a public utility or a public utility employee contends that the circumstances of the privacy of an employee's particular compensation warrants issuance of a protective order despite the wording set forth above‚ the utility or employee may seek issuance of a protective order and set forth the circumstances that may justify issuance of such an order.

(2) Adoption of this rule does not preclude the commission from seeking and securing other information from regulated businesses.

History: 69-3-103‚ MCA; IMP, 69-3-10269-3-10669-3-20169-3-20369-3-330‚ MCA; NEW, 2010 MAR p. 2397, Eff. 10/15/10.

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