Administrative Rules of Montana Department 38 - PUBLIC SERVICE REGULATION
Here’s a comprehensive overview of Department 38 – Public Service Regulation in the Montana Administrative Rules:
📖 Overview of Title 38 (Public Service Regulation)
Title 38 of the Administrative Rules of Montana (ARM), “Public Service Regulation,” is managed by the Department of Public Service Regulation, headed by the Public Service Commission (PSC) (law.cornell.edu). It includes nine main chapters:
38.1 – Organizational Rule
38.2 – Procedural Rules
38.3 – Motor Carriers
38.4 – Railroads
38.5 – Utility Division
38.6 – Energy Conservation
38.7 – Pipeline Companies
38.8 – Cost of Service Information
38.9 – Transportation of Radioactive and Transuranic Waste (law.cornell.edu, regulations.justia.com)
🏛️ Chapter Highlights
Chapter 38.1 – Organizational Rule
Defines the structure, powers, and duties of the PSC and the Department staff; outlines commissioner roles, administrative officers, and three key divisions: Legal, Centralized Services, and Regulatory (law.cornell.edu).
Chapter 38.2 – Procedural Rules
Provides detailed rules for PSC hearings and administrative procedures (Subchapters 38.2.1–38.2.50) (law.cornell.edu).
Chapter 38.3 – Motor Carriers
Covers regulation of intrastate/intrastate motor carriers: definitions, safety, insurance, tariffs, operations, certificates, inspections (subchapters 38.3.1–38.3.36) (law.cornell.edu).
Chapter 38.4 – Railroads
Covers railroad safety rules and licensing (subchapters 38.4.1–38.4.8) (law.cornell.edu).
Chapter 38.5 – Utility Division
Encompasses utility regulation including rate case standards, utility restructuring, pipeline and telephone utility rules (Subchapters up to 38.5.86) (law.cornell.edu).
Example: Rule 38.5.402 governs procedures in radio common carrier rate cases (regulations.justia.com).
Chapter 38.6 – Energy Conservation
Sets standards related to energy efficiency programs and strategies .
Chapter 38.7 – Pipeline Companies
Regulates intrastate pipeline companies under subchapter 38.7.1 (law.cornell.edu).
Chapter 38.8 – Cost of Service Information
Lays out requirements for utilities to file cost-of-service studies (law.cornell.edu).
Chapter 38.9 – Transportation of Radioactive and Transuranic Waste
Covers safety requirements for transporting radioactive/transuranic waste; includes rule 38.9.108 requiring PSC monitoring and coordination on rail shipments (law.cornell.edu).
🔍 Additional Notes
Frequency of updates: ARM is updated quarterly. Multiple versions may be available for comparison (law.cornell.edu).
Official source: For authoritative and current rules, refer to the official Montana rules site (e.g., rules.mt.gov).
✅ Summary Table
| Chapter | Focus Area |
|---|---|
| 38.1 | Organizational structure & PSC staff functions |
| 38.2 | Hearing and procedural rules |
| 38.3 | Motor carrier regulation |
| 38.4 | Railroad safety |
| 38.5 | Utility regulation & rate procedures |
| 38.6 | Energy conservation |
| 38.7 | Pipeline company regulation |
| 38.8 | Cost of service filings |
| 38.9 | Radioactive/transuranic waste transportation |
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