(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
(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
(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
(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'
(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
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.