38.1.101    ORGANIZATIONAL RULE

(1) Organization. The organization, functions, and duties of the Department of Public Service Regulation, and its Commission, divisions, and primary work units are described in this rule.

(a) History.  Public utility regulation got its start in Montana in 1907 with the creation of a three-member Board of Railroad Commissioners.  In 1913, the Montana Legislature created the Public Service Commission vesting it with the authority to supervise, control, and regulate public utilities in the public interest.  In 1971, the legislature created the Department of Public Service Regulation pursuant to 2-15-2601, MCA, and set the Public Service Commission as the department head.  In 1974, the legislature expanded the Commission from three members elected statewide to five members elected from regional districts.  Over time, the Commission has retained limited regulatory responsibilities for railroad safety and received varying degrees of new regulatory responsibilities over privately owned monopolistic industries including electric, natural gas, water, sewer, and telephone utilities, along with some types of motor carriers and intra-state natural gas pipelines.

(b) Public Service Commission.  The Public Service Commission (Commission) is the department head.  The Commission is a deliberative, quasi-judicial body comprised of five elected commissioners.  The Commission is responsible for the direction and general administration of the department and, pursuant to Title 69 Montana Code Annotated (MCA), the supervision and regulation of the operations of certain public utilities, common carriers, railroads, and other regulated industries.  Administratively, the Commission is responsible for selecting and directing department management and approving the department's strategic plan, policies, initiatives, and budgets.  The Commission is supported by a professional staff that provides expert legal, regulatory, public policy, consumer assistance, communications, and operational support.

(c) Commissioners.  Each commissioner resides within a unique geographic district from which they are elected by the people of the district pursuant to 69-1-103, MCA.  All commissioners are vested with fiduciary obligations to the department and bound by the oath of office pursuant to Article 3, part 3 of the Montana Constitution.  Commissioners may be assigned to chair committees or commission proceedings, serve on boards and committees, and lead or assist with the department's special projects.  Commissioners regularly receive staff reports and recommendations and confer with staff to obtain relevant information prior to Commission deliberations.  Individual commissioners confer with the executive director regarding internal operations matters and work through division administrators on other matters within the jurisdiction of the Commission.

(d) Department Management.  Department management includes the officers of the Commission, executive director, chief legal counsel, chief regulator, business manager, Commission secretary, and external affairs coordinator.  Department management are responsible for leadership, supervision, productivity, and quality control within assigned areas of operation.  Management cooperates agency-wide to support Commission functions and carry out the department's statutory responsibilities in accordance with the acts, policies, and directions of the Commission.

(i) Management - Officers of the Commission.  The officers of the Commission are the president, who is the presiding officer pursuant to 69-1-107, MCA, and the vice president.  The officers are selected by the Commission from its membership at the Commission's first business meeting of each year after a general election.  If an officer ceases to be a member of the Commission, or otherwise vacates an officer position, the Commission shall select a replacement officer within ten days at a business meeting publicly noticed for that purpose.

(A) President:  The president has authority for the general supervision of the department and acts as the agency head on behalf of the Commission in all administrative matters not otherwise delegated by law, administrative rule, policy, or an act of the Commission.  The president is the designated spokesperson for the Commission and is responsible for the preservation of order and decorum.  The president has the power to preside over the Commission's meetings; approve department calendars, agendas, and expenditures; and designate commissioners and staff for special assignments.  The president directly supervises the executive director and confers with and guides management.  The president performs other duties prescribed by applicable law, rule, policy, and acts of the Commission.  The president reports to the Commission.

(B) Vice President:  The vice president assumes the duties of president when the president is unavailable, except when the president or the Commission otherwise delegates the duty.  The vice president supports and assists the president, and performs other duties prescribed by applicable law, rule, policy, and acts of the Commission.  The vice president reports to the president.

(ii) Management – Staff.  Management staff are:

(A) Executive Director:  The executive director is the chief administrative officer of the department and the administrator of the Centralized Services Division.  The executive director supervises management staff and acts as the department's chief of staff responsible for the performance of all staff across all divisions.  The executive director advises the Commission regarding internal matters and reports to the president. 

(B) Chief Legal Counsel:  The chief legal counsel is the administrator of the Legal Division and acts as the Commission's general counsel.  The chief legal counsel advises the Commission regarding legal matters and reports to the executive director regarding internal matters.

(C) Chief Regulator:  The chief regulator is the administrator of the Regulatory Division.  The chief regulator advises the Commission regarding regulatory matters and reports to the executive director regarding internal matters.

(D) Business Manager:  The business manager is responsible for managing the department's human resources, financial activity, and facilities.  The business manager advises the Commission regarding these matters and reports to the executive director.

(E) Commission Secretary:  The commission secretary is responsible for administrative support to the Commission and manages the department's reception services, technology, office equipment, records retention, inventory, and common areas.  The commission secretary advises the Commission regarding these matters and reports to the executive director.

(F) External Affairs Coordinator:  The external affairs coordinator coordinates the department's public policy, communications, and public relations work.  The external affairs coordinator advises the Commission regarding these matters and reports to the executive director.

(e) Divisions.  The department staff is organized into three divisions.  All divisions cooperate and assist one another to fulfill the department's operational and statutory requirements in accordance with the acts, policies, strategic plan, and directions of the Commission.  The department's divisions are:

(i) Legal Division;

(ii) Centralized Services Division; and

(iii) Regulatory Division.

(2) Primary Functions of Department Divisions:

(a) Legal Division. The Legal Division provides competent representation to the department. The Legal Division facilitates the Commission's legal and quasi-judicial proceedings and provides legal counsel to the Commission and department in matters requiring legal representation, interpretation, or opinion. The Legal Division represents the department and the Commission in court; issues legal opinions; analyzes contracts; and advises the Commission on interpretations of law on matters within the scope of the department's jurisdiction and responsibility. Its activities include managing dockets before the Commission and related document intake and distribution; drafting Commission notices, orders, and decisions; drafting, revising, and managing administrative rules; conducting legal research; and acting as hearing officers for the department.

(b) Centralized Services Division. The Centralized Services Division provides internal operations functions for the department and facilitates public access, consumer assistance, public policy, and communication activities. This division includes three units:

(i) Internal Business.  This unit manages the department's budget, accounting, procurement, revenue collection, and related reporting; office space and facility maintenance; furnishings and equipment; and human resources, safety, and payroll processing.

(ii) IT & Administrative Support.  This unit manages the department's technology systems, inventory, and supplies; reception and mail processing services; compilation, assembly, and distribution of Commission agendas, minutes, and work session materials; and the department's record-keeping and retention.  The unit facilitates the Commission's meetings; maintains the department's office equipment, reception, and common areas; and provides administrative support to commissioners and the Centralized Services Division.

(iii) External Affairs.  This unit coordinates the department's external communications, public policy analysis, and public access and participation.  It coordinates website content, press releases, and media responses; facilitates public comment and participation in Commission proceedings; tracks and analyzes legislative acts and related public policy; and assists with escalated consumer assistance matters.

(c) Regulatory Division.  The Regulatory Division conducts financial, economic, and technical analyses of the operations of regulated public utilities and common carriers; administers tariffs; performs railroad and pipeline safety inspections; monitors compliance; manages enforcement; drafts and implements Commission rules, orders, and other directives; administers applications for operating authority; participates in regional transmission forums; assists with developing and modifying regulations and policies; and advises the Commission regarding all of these matters.  The division is comprised of the following work groups:

(i) Utility Rate Design.  This unit includes economists who assist in interpretation and application of public policy and develop rate design recommendations.

(ii) Utility Accounting.  This unit includes accountants and financial analysts who analyze operating costs, revenue requirements, and performance of regulated entities.

(iii) Pipeline Safety.  This unit includes inspectors who perform safety inspections on intrastate natural gas lines.

(iv) Railroad Safety.  This unit includes inspectors who perform safety inspections on locomotives, freight cars, and railway fencing.

(v) Compliance Assistance. This unit includes regulatory compliance specialists who provide consumer assistance; administer telecommunications, transportation, and water and sewer dockets; and assist with regulatory compliance, public engagement, and administrative support.

(3) Information or Submissions. Information about the department and the Commission can be found at the following website: psc.mt.gov. General inquiries regarding the department and media inquiries should be addressed to the external affairs coordinator. Complaints related to regulated entities should be directed to the department's Consumer Assistance Program by emailing pschelp@mt.gov or phoning 1 800 646-6150.

(4) Commissioner Roster: 

Commissioner (District 1):  Randy Pinocci, Sun River, MT

Commissioner (District 2):  Tony O'Donnell, Billings, MT

Commissioner (District 3):  James Brown, Dillon, MT

Commissioner (District 4):  Jennifer Fielder, Thompson Falls, MT

Commissioner (District 5):  Annie Bukacek, Kalispell, MT

(5) Location. The department's main office is located at 1701 Prospect Ave, Helena, MT, 59620 and its mailing address is P.O. Box 202601, Helena, MT, 59620-2601. All staff are headquartered at the main office, except regionally placed railroad safety inspectors. Official mail and deliveries should be directed to the department's main office in Helena.

(6) Organizational Chart. The Department of Public Service Regulation's organizational chart is as follows:

 

 

 

History: 2-15-2601, MCA; IMP, 2-4-201, MCA; NEW, Eff. 12/31/72; AMD, Eff. 1/27/75; AMD, Eff. 6/6/77; AMD, Eff. 7/27/78; AMD, Eff. 7/2/79; AMD, Eff. 3/31/81; AMD, Eff. 1/3/83; AMD, Eff. 6/30/83; AMD, Eff. 9/30/84; AMD, Eff. 9/30/85; AMD, Eff. 12/31/85; AMD, Eff. 12/31/89; AMD, Eff. 7/9/90; AMD, Eff. 1/7/91; AMD, Eff. 9/10/91; AMD, Eff. 4/13/92; AMD, Eff. 1/4/93; AMD, Eff. 4/20/94; AMD, Eff. 1/3/95; AMD, Eff. 1/2/97; AMD, Eff. 1/1/13; AMD, Eff. 2/22/22; AMD, Eff. 9/22/23.