By Request of the Energy and Telecommunications Interim Committee
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING PUBLIC UTILITY ELECTRICITY COST RECOVERY; REQUIRING A DEADBAND; AMENDING SECTION 69-3-331, MCA; and PROVIDING AN immediate EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 69-3-331, MCA, is amended to read:
"69-3-331. Cost tracking and recovery. (1) If the commission approves a cost-tracking adjustment for a public utility regulated in accordance with chapter 8 or under this chapter, the cost-tracking adjustment must provide for:
(a) identical treatment of public utilities subject to chapter 8 or this chapter;
(b) 90% customer and 10% shareholder sharing of costs, if cost sharing is required; and
(c) full recovery of costs incurred by a public utility as a result of qualifying small power production facility purchase requirements established in Title 69, chapter 3, part 6.
(2)(1) A cost-tracking adjustment approved by the commission must may not include a deadband of an equal amount above and below a power costs and credits adjustments mechanism base, not to exceed 5%.
(3)(2) For the purposes of this section, "deadband" means a level of cost recovery variance, including levels of underrecoveries and overrecoveries to be borne by the public utility."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.