Senate Bill No. 189
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act generally revising the territorial integrity laws for electrical suppliers; amending sections 69-5-101, 69-5-102, 69-5-103, 69-5-104, 69-5-105, 69-5-107, 69-5-108, 69-5-110, and 69-5-111, MCA; and repealing sections 69-5-106 and 69-5-109, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 69-5-101, MCA, is amended to read:
"69-5-101. Short title. This part shall be known and may be cited as the "Territorial Integrity Act
Section 2. Section 69-5-102, MCA, is amended to read:
"69-5-102. Definitions. When used in this part, the following definitions apply:
"Commercial premises" means the premises where the business of selling, warehousing, or distributing a commodity or
other business activity is carried on or professional or other services are rendered. (2) "Electric cooperative" means a rural electric cooperative organized under Title 35, chapter 18, or a foreign corporation
admitted thereunder to do business in Montana. "Agreement" means a written agreement between two or more electric
facility providers that identifies the geographical area to be served by each electric facility provider that is a party to the
agreement and any terms and conditions pertinent to the agreement.
(2) "Commission" means the public service commission provided for in 2-15-2602.
"Electric supplier" "Electric facility provider" means any electrical utility and any electric cooperative that provide one
or more electric service facilities to the public.
"Electric utility" means a person, firm, or corporation other than an electric cooperative which furnishes electrical
service to the public. "Electric service facilities" means any distribution or transmission system necessary to bring electric
power to the premises. (5) "Industrial premises" means the premises where an industrial activity is carried on, including but not limited to the
operation of factories, mills, machine shops, mines, oil wells, refineries, pumping, cleaning and dyeing works, creameries,
canneries, stockyards, feedlots, military installations, or other extractive, fabricating, or processing activities. (6)(5) "Line" means any electric conductor operating at a nominal voltage level of 34,500 volts or less, measured
phase-to-phase. (7)(6) "Premises" means a building, residence, structure, or facility to which electricity is being or is to be furnished
electric service facilities are provided or are to be installed; provided, that however, two or more buildings, structures, or
facilities which that are located on one tract or contiguous tracts of land and are utilized used by one electric consumer for
farming, business, commercial, industrial, institutional, governmental, or trailer court purposes shall must together
constitute one premises, except that any such building, structure, or facility, other than a trailer court, shall may not,
together with any other building, structure, or facility, constitute one premises if the electric service to it is separately
metered and the charges for such the service are calculated independently of charges for service to any other building,
structure, or facility."
Section 3. Section 69-5-103, MCA, is amended to read:
"69-5-103. Territorial integrity of certain municipalities and electric
suppliers facility providers in outlying areas.
Electric suppliers facility providers shall have rights and be are subject to restrictions, as provided in 69-5-104, through
69-5-105, and 69-5-107, with respect to electric service facilities in:
(1) all areas outside the boundaries of any incorporated or unincorporated city, town, village, or borough having a
population in excess of 3,500 persons
on or after March 17, 1939; and
(2) every incorporated municipality in which 95% or more of the premises are
served provided electric service facilities by
an electric cooperative electric facility provider on February 1, 1971 [the effective date of this act]."
Section 4. Section 69-5-104, MCA, is amended to read:
"69-5-104. Continuation of electric service facilities to existing consumers. Every electric
supplier facility provider
shall have has the right to serve provide electric service facilities to all premises being served by it or to which any of its
facilities are attached on February 1, 1971 [the effective date of this act]."
Section 5. Section 69-5-105, MCA, is amended to read:
Service Electric service facilities to new consumers. (1) Subject to 69-5-106, the The electric supplier
facility provider having a line nearest the premises, as measured in accordance with subsection (2), shall serve provide
electric service facilities to the premises initially requiring service after February 1, 1971 [the effective date of this act].
(2) All measurements under this part
shall must be made on the shortest straight line which that can be drawn from the
conductor nearest the premises to the nearest permanent portion of the premises. Construction power for premises to be
constructed shall must be supplied provided by the electric supplier facility provider having the right to serve provide
electric service facilities to the completed premises."
Section 6. Section 69-5-107, MCA, is amended to read:
Service Electric service facilities to property owned by electric supplier facility provider. Nothing in The
provisions of 69-5-103 through 69-5-106 shall 69-5-105 may not restrict the right of an electric supplier facility provider to
furnish electric service facilities to any property owned by the electric supplier facility provider."
Section 7. Section 69-5-108, MCA, is amended to read:
"69-5-108. Agreements between electric
suppliers facility providers as to service areas. Notwithstanding the
provisions of 69-5-103 through 69-5-109 69-5-105, 69-5-107, and 69-5-108, an any electric supplier facility provider may
furnish provide electric service facilities to any consumer at any a premises being served to which electric service facilities
are being provided by another other electric supplier facility providers upon written agreement of with the affected electric
suppliers facility providers or at a premises that to which another electric supplier facility provider has the right to serve
provide electric service facilities pursuant to this part, upon entry into a written agreement of the between the affected
electric suppliers facility providers, subject to the approval of the commission."
Section 8. Section 69-5-110, MCA, is amended to read:
"69-5-110. Jurisdiction of district courts over disputes. The district courts of the county or counties within which the
premises or lines involved in any dispute are located
shall have jurisdiction under this part over all electric suppliers facility
providers subject to the provisions thereof this part."
Section 9. Section 69-5-111, MCA, is amended to read:
"69-5-111. Judicial remedies. (1) Whenever
it shall appear that any an electric supplier facility provider is failing or
omitting or about to fail or omit to do anything required of it by this part or is doing or is about to do anything or to permit
anything to be done contrary to or in violation of this part, any the electric supplier facility provider affected thereby shall
have has the right to file a complaint in the district court briefly setting forth the acts or omissions complained of and
requesting an injunction.
(2) If an affidavit showing that grounds exist
therefor that an electric facility provider is in violation of this part is filed
with the complaint, a temporary restraining order shall must be issued without notice. A copy of the temporary restraining
order, complaint, and affidavit shall must be served upon the defendant, together with an order to show cause why the
temporary restraining order should not be made permanent, within 5 days after issuance of the temporary restraining order.
The hearing on the order to show cause must be held at a date specified therein in the order, which shall may not be more
than 10 days after service thereof of the order and shall must take precedence over all matters pending before the district
court. A judgment making the injunction permanent or dissolving the temporary restraining order theretofore that was
issued and dismissing the complaint must be made not later than 10 days after the hearing on the order to show cause.
(3) Any party aggrieved by the order may appeal to the supreme court of Montana by filing a notice of appeal in the
district court within 20 days from entry of the order. The appeal must be perfected within 20 days
thereafter after filing the
notice of appeal and shall must take precedence over all matters pending before the supreme court of Montana."
NEW SECTION. Section 10. Repealer. Sections 69-5-106 and 69-5-109, MCA, are repealed.