Montana Code Annotated 2023



Part 2. Role of Consumer Counsel

Customer Fiscal Impact Analysis -- Requirements

69-2-216. Customer fiscal impact analysis -- requirements. (1) Within 10 days of receiving an application pursuant to subsection (1)(a) or (1)(b), the department of environmental quality shall notify the office of consumer counsel that it is in receipt of:

(a) a permit application pursuant to Title 75, chapter 2, 5, or 10, for a new electrical generation facility; or

(b) an application for a certificate under the Montana Major Facility Siting Act for a new facility or upgrade, as defined in 75-20-104.

(2) The office of consumer counsel shall complete an analysis outlining the fiscal impacts of the project on electricity customers in Montana. The analysis must include an estimation of how customers' rates may be impacted.

(3) (a) Except as provided in subsection (3)(b), the analysis must be completed within 30 days of receipt of the notice from the department.

(b) The department shall extend the 30-day deadline if compliance with the deadline is not necessary to comply with the requirements of subsection (4).

(4) The analysis must be provided to the department and incorporated into the department's environmental review, including draft documents released for public comment.

(5) (a) Within 5 days of the close of the public comment period for an application referred to in subsection (1)(a) or (1)(b), the department shall forward public comments related to the analysis to the consumer counsel.

(b) The consumer counsel shall respond to the comments and return the responses to the department within 30 days, and the responses must be included in the final environmental reviews.

History: En. Sec. 1, Ch. 469, L. 2007.