Terms Used In Montana Code > Title 69 > Chapter 5 - Power and Energy Companies

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person. See Montana Code 1-1-204
• 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Distribution facilities: means those facilities by and through which electricity is received from a transmission services provider and distributed to the customer that are controlled or operated by a distribution utility. See Montana Code 69-5-102
• Distribution service: means the function of delivering electricity to the public by a distribution utility. See Montana Code 69-5-102
• Distribution utility: means a utility owning distribution facilities for distribution of electricity to the public. 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
• Electric transmission line: means a line used to convey electrical energy connected to transmission facilities that is energized at 115 kilovolts or more phase to phase. See Montana Code 69-5-201
• Electricity supplier: means any person, corporation, or governmental entity that:

  (a)sells electricity to customers at retail rates in the state; and

  (b)is not a public utility or a cooperative. See Montana Code 69-5-102

• Electricity supply service: means the provision of electricity supply and related services through power purchase agreements, the acquisition and operation of electrical generation facilities, demand side management, and energy efficiency programs. See Montana Code 69-5-102
• Federally registered planning authority: means a regional transmission organization responsible for moving electricity, planning for the movement of electricity, or both over large interstate areas registered with the federal energy regulatory commission. See Montana Code 69-5-201
• Incumbent electric utility: means a public utility regulated by the public service 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, that owned, controlled, or operated transmission facilities on or before January 1, 2017. See Montana Code 69-5-201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• 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
• Regulated utility: means any electric utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees. See Montana Code 69-5-102
• Service territory: means premises receiving distribution service from a utility on January 1, 2011, and premises added pursuant to Title 69, chapter 5. See Montana Code 69-5-102
• Subdivision: has the meaning provided for in 76-3-103. See Montana Code 69-5-102
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Transmission facilities: means facilities that are used to provide transmission services and are owned, controlled, or operated by an incumbent electric utility. See Montana Code 69-5-201
• 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
• Vector: means a straight line between two points. See Montana Code 69-5-102
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203