69-8-403. Commission authority -- rulemaking authority. (1) Beginning on the effective date of a commission order regarding a public utility's transition plan, the commission shall regulate the public utility's retail transmission, distribution, and default supply services within the state of Montana, as provided in this chapter.
     (2) The commission shall license electricity suppliers and enforce licensing provisions pursuant to 69-8-404.
     (3) The commission shall promulgate rules that identify the licensees and ensure that the offered electricity supply is provided as offered and is adequate in terms of quality, safety, and reliability.
     (4) The commission shall establish just and reasonable rates through established ratemaking principles for public utility default supply, distribution, and transmission services and shall regulate these services. The commission may approve rates and charges for those services based on alternative forms of ratemaking such as performance-based ratemaking, on a demonstration by the public utility that the alternative method complies with this chapter, and on the public utility's transition plan.
     (5) The commission shall certify that a cooperative utility has adopted a transition plan that complies with this chapter. A cooperative utility's transition plan is considered certified 60 days after the cooperative utility files for certification.
     (6) The commission shall promulgate rules that protect consumers, distribution services providers, and electricity suppliers from anticompetitive and abusive practices.
     (7) (a) After July 1, 2010, the commission shall continuously monitor whether or not workable competition has developed for small customers.
     (b) If the commission determines that workable competition has developed for small customers after July 1, 2010, the commission shall provide a report to the legislature that includes recommendations for legislative implementation of customer choice for small customers.
     (8) In addition to promulgating rules expressly provided for in this chapter, the commission may promulgate any other rules necessary to carry out the provision of this chapter.
     (9) This chapter does not give the commission the authority to:
     (a) regulate cooperative utilities in any manner other than reviewing certification filings for compliance with this chapter; or
     (b) compel any change to a cooperative utility's certification filing made pursuant to this chapter.

     History: En. Sec. 23, Ch. 505, L. 1997; amd. Sec. 31, Ch. 575, L. 1999; amd. Sec. 15, Ch. 577, L. 2001 (voided by I.R. No. 117, Nov. 5, 2002); amd. Sec. 16, Ch. 565, L. 2003.