Montana Code 69-5-122. Residential utility line extension — refund
69-5-122. Residential utility line extension — refund. (1) A small customer of an electric utility as defined in 69-5-121(4)(a) who pays for a portion of the construction of an extension to a residential structure or who advances money to an electric utility as defined in 69-5-121(4)(a) for a subsequent connection to that extension must receive a refund as provided in subsection (2) if an additional customer connects to the extension.
Terms Used In Montana Code 69-5-122
- Cost: means the gross cost of constructing new electric service facilities to the premises, using new materials and similar design standards required to meet the load, from a point where there is existing electrical capacity to serve. See Montana Code 69-5-102
- Line: means any material that is used to convey electrical energy and that is normally energized between 2,400 volts phase to ground and 14,400 volts phase to ground. See Montana Code 69-5-102
- Utility: means a public utility regulated by the commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees. See Montana Code 69-5-102
(2)Each additional customer, prior to the initiation of electric service, shall advance to an electric utility as defined in 69-5-121(4)(a) an equal proportionate share of the total amount paid for the extension to a residential structure. The electric utility shall refund the advance on a pro rata basis to the small customer who paid for the initial extension or to the small customer who paid for a subsequent connection to that extension. A refund may not be issued after 10 years from the date the initial extension is established.
(3)A small customer who expends funds for an extension to a residential structure may not receive a refund that is greater than the amount necessary to return the small customer to the small customer’s proportionate share of the cost of the original extension.
(4)A small customer may receive a refund pursuant to this section only if:
(a)the small customer paid for the initial extension or subsequent connection to the extension pursuant to subsection (1);
(b)at the time the refund is issued, the small customer owns the residential structure to which the extension or subsequent connection to the extension was made; and
(c)the small customer did not hire a contractor to complete the extension pursuant to 69-5-123.