Montana Code 69-5-114. Review by independent consultant
69-5-114. Review by independent consultant. (1) If electric facilities providers that have provided cost estimates to a new large customer are unable to reach agreement as to which electric facilities provider can provide electric service facilities at the least cost, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine which electric facilities provider can extend its line to the new large customer at the least cost. The cost of those engineering services must be paid equally by the electric facilities providers involved.
Terms Used In Montana Code 69-5-114
- Agreement: means a written agreement between two or more electric facilities providers that identifies the geographical area to be served exclusively by each electric facilities provider that is a party to the agreement and any terms and conditions pertinent to the agreement. See Montana Code 69-5-102
- 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
- Electric facilities provider: means any utility that provides electric service facilities to the public. See Montana Code 69-5-102
- Electric service facilities: means any distribution or transmission system or related facility necessary to provide electricity to the premises, including lines. See Montana Code 69-5-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Large customer: means any premises, except subdivisions, with the estimated connected load for full operation at an individual service for the premises of 500 kilowatts or larger. 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
- Premises: means a building, residence, structure, irrigation pump, or facility to which electric service facilities are provided or are to be installed. See Montana Code 69-5-102
- Subdivision: has the meaning provided for in 76-3-103. See Montana Code 69-5-102
- Vector: means a straight line between two points. See Montana Code 69-5-102
(2)If electric facilities providers proposing to provide service to a subdivision do not agree on the location of a vector, as provided in 69-5-113(1), an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine the location of a vector. The cost of those engineering services must be paid equally by the electric facilities providers involved.
(3)If electric facilities providers having lines near the premises of a new consumer do not agree if a line has capacity to serve the premises, an independent consultant engineer agreeable to both electric facilities providers or, in the event of failure of the electric facilities providers to agree on a consultant engineer, an independent consultant engineer selected by the district court having jurisdiction, as provided in 69-5-110, shall determine if a line has capacity to serve the premises. The cost of those engineering services must be paid equally by the electric facilities providers involved.