SENATE BILL NO. 269
INTRODUCED BY W. MCNUTT, BALES, COLE, DEVLIN, HEDGES, R. HOLDEN, KASTEN, KITZENBERG, LENHART, LINDEEN, MATTHEWS, NELSON, PATTISON, SMITH, STEINBEISSER, ZOOK
AN ACT REVISING CERTAIN DATES FOR TRANSITION TO CUSTOMER CHOICE FOR ELECTRICITY SUPPLY; AMENDING SECTION 69-8-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 69-8-201, MCA, is amended to read:
"69-8-201. Public utility -- transition to customer choice -- waiver. (1) A public utility shall, except as provided in this section, adhere to the following deadlines:
(a) On or before July 1, 1998, all All customers with individual loads greater than 1,000 kilowatts and for loads of the
same customer with individual loads at a meter greater than 300 kilowatts that aggregate to 1,000 kilowatts or greater must
have the opportunity to choose an electricity supplier.
(b) Subject to subsection (2), and as soon as is administratively feasible but before July 1, 2002, all other public utility customers must have the opportunity to choose an electricity supplier.
(2) (a) Except as provided for in subsection (4), the commission may determine that additional time is necessary for customers identified in subsection (1)(b); however, the implementation of full customer choice may not be delayed beyond July 1, 2004.
(b) A determination by the commission that additional time is necessary for subsection (1)(b) customers must be made at least 60 days in advance of the scheduled date and must be based on one or more of the following considerations:
(i) implementation would not be administratively feasible;
(ii) implementation would materially affect the reliability of the electric system; or
(iii) Montana customers or electricity suppliers would be disadvantaged due to lack of a competitive electricity supply market.
(3) The commission shall designate the public utility or one or more default suppliers to provide regulated default service for those small customers of a public utility that are not being served by a competitive electricity supplier. The transition advisory committee shall review and address the need for continued default supply service and make recommendation to the 57th legislature.
(4) Except as provided in 69-5-101, 69-5-102, 69-5-104 through 69-5-112, and 69-8-402, a public utility currently
doing business in Montana as part of a single integrated multistate operation, no portion of which lies within the basin of
the Columbia River, may:
(a) defer compliance with this chapter until a time that the public utility can reasonably implement customer choice in
the state of the public utility's primary service territory, except that the public utility shall file a transition plan pursuant to
69-8-202 to provide transition to customer choice on or before July 1, 2002, and must have completed the transition period
to customer choice by July 1, 2006; and
(b) petition the commission to delay the public utility's transition plan filing until July 1, 2004.
(5) Upon a request from a public utility with fewer than 50 customers, the commission shall waive compliance with the requirements of 69-8-104, 69-8-202 through 69-8-204, 69-8-208 through 69-8-211, 69-8-402, and this section."
Section 2. Effective date. [This act] is effective on passage and approval.
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