69-3-1605. Financing orders — application requirements. (1) An electric utility may file an application with the commission for approval to issue Montana energy impact assistance bonds in one or more series, impose, charge, and collect Montana energy impact assistance charges, and create Montana energy impact assistance property related to the retirement or replacement of electric infrastructure or facilities in Montana.

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Terms Used In Montana Code 69-3-1605

  • commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
  • Customer: means a person who takes electric service from an electric utility for consumption of electricity in Montana. See Montana Code 69-3-1603
  • Electric utility: means any electric utility regulated by the commission pursuant to Title 69, chapter 3, including the electric utility's successors or assignees. See Montana Code 69-3-1603
  • Financing order: means an order issued by the commission in accordance with 69-3-1606 that grants, in whole or in part, an application filed pursuant to 69-3-1605 authorizing the issuance of Montana energy impact assistance bonds in one or more series, the imposition, charging, and collection of Montana energy impact assistance charges, and the creation of Montana energy impact assistance property. See Montana Code 69-3-1603
  • Montana energy impact assistance bonds: means low-cost corporate securities, including but not limited to senior secured bonds, debentures, notes, certificates of participation, certificates of beneficial interest, certificates of ownership, or other evidences of indebtedness or ownership that have a scheduled maturity of no longer than 30 years and a final legal maturity date that is not later than 32 years from the issue date, that are rated AA or Aa2 or better by a major independent credit rating agency at the time of issuance, and that are issued by an electric utility or an assignee pursuant to a financing order. See Montana Code 69-3-1603
  • Montana energy impact assistance charges: means charges in amounts determined appropriate by the commission and authorized by the commission in a financing order in order to provide a source of revenue solely to repay, finance, or refinance Montana energy impact assistance costs and financing costs that are imposed on and are a part of all customer bills and are collected in full by the electric utility that the financing order applies to, its successors or assignees, or a collection agent through a nonbypassable charge that is separate and apart from the electric utility's base rates. See Montana Code 69-3-1603
  • Montana energy impact assistance costs: means :

    (i)at the option of and upon petition by an electric utility, and as approved by the commission pursuant to 69-3-1606, the pretax costs that the electric utility has incurred or will incur that are caused by, associated with, or remain as a result of the retirement or replacement of electric generating infrastructure or facilities located in Montana; and

    (ii)pretax costs that an electric utility has previously incurred related to the closure or replacement of electric infrastructure or facilities occurring before July 1, 2019. See Montana Code 69-3-1603

  • Montana energy impact assistance property: means :

    (a)all rights and interests of an electric utility or successor or assignee of an electric utility under a financing order for the right to impose, bill, collect, and receive Montana energy impact assistance charges as it is authorized to do solely under the financing order and to obtain periodic adjustments to the Montana energy impact assistance charges as provided in the financing order; and

    (b)all revenue, collections, claims, rights to payments, payments, money, or proceeds arising from the rights and interests specified in subsection (14)(a), regardless of whether the revenue, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenue, collections, rights to payment, payments, money, or proceeds. See Montana Code 69-3-1603

  • Nonbypassable: means that the payment of a Montana energy impact assistance charge required to repay bonds and related costs may not be avoided by any retail customer located within an electric utility service area. See Montana Code 69-3-1603

(2)(a) Within 120 days of an electric utility’s submission of an application, the commission shall determine whether the application is adequate and in compliance with the commission’s minimum filing requirements established in rules adopted pursuant to 69-3-1604. If the commission determines that the application is inadequate, it shall explain the deficiencies.

(b)The commission shall take final action to approve, deny, or modify any application for a financing order as described in subsection (1) in a final order issued within 270 days of receiving an application.

(3)In addition to any other information required by the commission, an application for a financing order must include:

(a)an estimated schedule for the retirement or replacement;

(b)a specification of the effects of the proposed Montana energy impact assistance bond financing on the retirement or replacement;

(c)a proposed methodology for allocating the revenue requirement for the Montana energy impact assistance charge among customer classes;

(d)a description of the nonbypassable Montana energy impact assistance charge required to be paid by customers within the electric utility’s service area for recovery of Montana energy impact assistance costs;

(e)an estimate of the net present value of electric utility customer savings expected to result if the financing order is issued as determined by a net present value comparison between the costs to customers that are expected to result from the financing of the undepreciated balances of electric infrastructure or facilities with Montana energy impact assistance bonds and the costs that would result from the application of traditional electric utility financing mechanisms to the same undepreciated balances; and

(f)one or more alternative financing scenarios in addition to the preferred scenario contained in the application.

(4)The commission shall publish a notice of the proposed change on its website and conforming to the requirements of 2-4-601 in one or more newspapers published and of general circulation within the service area of the electric utility. The notice must announce a public hearing on the application, and the commission shall hold a public hearing.