BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to minimum filing requirements for approval of natural gas production or gathering resources

) ) ) )

NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

1.  On December 10‚ 2009‚ the Department of Public Service Regulation published MAR Notice No. 38-2-206 pertaining to the proposed adoption of the above-stated rule at page 2362 of the 2009 Montana Administrative Register‚ Issue Number 23.

 

2.  A public hearing was held on January 20‚ 2010‚ to consider the proposed adoption.  One comment was received by the January 20‚ 2010 deadline.  The written comment received is summarized as follows along with the response of the department:

 

COMMENT NO. 1:  John Alke‚ representing Montana-Dakota Utilities Co.‚ stated although the department's intent is clearly stated in the explanatory section of the rule notice‚ the rule as proposed lacks the necessary qualification of applicability.  The provisions of HB 294 and the regulations of the department implementing the legislation have no application to a utility such as Montana-Dakota Utilities that is not a restructured natural gas utility.  The department needs to match the language of the proposed rule to the purpose of the proposed rule.  Therefore‚ he recommends that the department insert the language "restructured gas" in front of utility applications in the rule title.

 

RESPONSE NO. 1:  The department agreed with the commenter and is amending New Rule I accordingly.

 

3.   The department adopts New Rule I with the following changes from the original proposal‚ new matter underlined‚ deleted matter interlined:

 

            RULE I  (38.5.7101)  MINIMUM FILING REQUIREMENTS FOR RESTRUCTURED GAS UTILITY APPLICATIONS FOR APPROVAL OF NATURAL GAS PRODUCTION OR GATHERING RESOURCES 

            (1)  remains as proposed.

 

DEPARTMENT OF PUBLIC SERVICE REGULATION

 

/s/ Robin A. McHugh                                                 /s/ Greg Jergeson

Reviewed by Robin A. McHugh                               Greg Jergeson‚ Chairman

                                                                                     Public Service Commission

 

Certified to the Secretary of State‚ March 1‚ 2010.