(1) These
rules implement Montana's Natural Gas Utility Restructuring and Customer Choice
Act, 69-3-1401 through 69-3-1409, MCA, and shall be
construed in that context. Except in administration of 69-3-1408,
MCA (universal system benefits program) , the commission does not intend these
rules to apply to a "natural gas utility" as defined at 69-3-1401,
MCA, so long as the utility does not restructure as described at 69-3-1403,
MCA, or become a "natural gas supplier" as defined at 69-3-1401,
MCA. Unless otherwise provided through rule or through order of the commission,
these rules shall apply in all gas utility restructurings, including in periods
of transition to customer choice and pilot programs which may be a part of a
restructuring plan.
(2) Words used in these rules shall have the meanings assigned in 69-3-1402,
MCA, and, if not defined there, shall have their common meanings in the context
of gas utility and gas pipeline regulation and restructuring. Words used in
these rules also have the meanings assigned by this rule, unless the context
otherwise clearly demands:
(a) "affiliate" means a parent, subsidiary, division, or the like,
regardless of designation, owning or controlling the provider, owned or
controlled by the provider, under common ownership with the provider, or under
common control with the provider;
(b) "provider" means a system services
provider;
(c) "service" generally includes all
incidents to service (e.g., applying for service, communicating in regard to
service) ;
(d) "supplier" means "natural
gas supplier," as defined at 69-3-1402, MCA, which includes
any person offering to sell gas to end-use customers but not if the
offering is by a public utility as a public utility and in accordance with
commission-approved tariffs;
(e) "supply service" means providing
natural gas for enduse, whether or not regulated by the commission;
(f) "system services" includes gas transmission services, distribution
services, storage services, and all other gas services regulated by the
commission, directly or indirectly, excluding supply services;
(g) "utility" means a "public utility" as defined at 69-3-101,
MCA.