38.5.2414 CHARGES FOR RAISING OR CUTTING OF WIRES OR CABLES OR MOVING POLES TO ACCOMMODATE THE MOVEMENT OF STRUCTURES
(1) By April 1 of each year all utilities owning or controlling wires, cables, or poles in a location which may impede the movement of structures must file a cost schedule for commission review. The cost schedule must be accompanied by a narrative explaining the bases for each of the costs in the cost schedule and work papers demonstrating calculation of each of the costs in the cost schedule. Costs within cost schedules must be on a per unit of time basis (e.g., per hour) unless the particular cost is unsuitable to that basis (e.g., parts, materials) .
(2) Cost schedules will become effective on an interim (temporary) basis no later than 30 days following the date filed with the commission unless the commission rejects the cost schedule on the basis that it appears the schedule includes costs that are above cost. The commission may notice cost schedules to the public and interested persons, allowing for intervention, discovery, opposing testimony, and hearing.
(3) The person moving the structure is not responsible for costs resulting from delays caused by a utility crew, a government crew, or force majeure.
History: 69-3-103, MCA; IMP, 69-4-602 and 69-4-603, MCA; NEW, 2004 MAR p. 340, Eff. 2/13/04.