(1) All electricity suppliers, including unregulated public utility affiliates, for-profit affiliates of cooperative utilities that provide electricity supply service using public utility distribution facilities, market aggregators, marketers and brokers must file an application and receive a license from the public service commission before selling or offering to sell electricity to consumers in the state of Montana.   An application must include a certificate of service showing that the application was sent to each distribution services provider on a list of providers created and maintained by the commission.   The commission will issue a license within 30 days of receipt of a complete application.   The commission may reject an application deemed incomplete or inadequate, and issue an order specifying the deficiencies of the application and, if practical, identify alternative ways to overcome deficiencies.

(2) An electric cooperative supplying electricity to its members is not required to obtain a license from the commission, whether or not the electric cooperative has opened its local distribution system to other suppliers.   A for-profit affiliate of an electric cooperative must obtain a license from the commission before supplying electricity to the parent cooperative's members.

(3) Any electricity supplier granted a license under this subchapter by the commission is presumed to have agreed that the distribution service provider is granted agency status regarding administering bonneville power administration residential exchange rights associated with eligible load (as referenced below) that may be served by the electricity provider.   The presumption is overcome if the electricity provider demonstrates to the commission that it has entered into a residential exchange agreement on behalf of eligible load served.

(4) The bonneville power administration residential rights are as defined in Public Law No. 96-501, s. 885, the Northwest Power Act of 1980.