Mont. Code Ann. » TITLE 69. PUBLIC UTILITIES AND CARRIERS · CHAPTER 3. REGULATION OF UTILITIES · Part 1. Role of Commission and Power of Eminent Domain
Montana Code Annotated

Mont. Code Ann. § 69-3-103 (2026)

General Powers And Rulemaking Authority Of Commission

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 69
  3. CHAPTER 3
  4. Part 1
  5. 69-3-103 General powers and rulemaking authority of commission

TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 3. REGULATION OF UTILITIES

Part 1. Role of Commission and Power of Eminent Domain

General Powers And Rulemaking Authority Of Commission

69-3-103. General powers and rulemaking authority of commission. (1) In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said commission shall have power to prescribe rules of procedure and to do all things necessary and convenient in the exercise of the powers conferred by this chapter upon the commission; provided that nothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the legality or reasonableness of any fixed order made by the commission in the exercise of its duties or powers.

(2) The commission shall have the power to:

(a) adopt reasonable and proper rules relative to all inspections, tests, audits, and investigations;

(b) adopt and publish reasonable and proper rules to govern its proceedings; and

(c) regulate the mode and manner of all investigations and hearings of public utilities and other parties before it.

History: (1)En. Sec. 4, Ch. 52, L. 1913; re-en. Sec. 3882, R.C.M. 1921; re-en. Sec. 3882, R.C.M. 1935; Sec. 70-104, R.C.M. 1947; (2)En. Sec. 14, Ch. 52, L. 1913; re-en. Sec. 3894, R.C.M. 1921; re-en. Sec. 3894, R.C.M. 1935; Sec. 70-116, R.C.M. 1947; R.C.M. 1947, 70-104, 70-116(part).

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1981–2022 · leading case: Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012).
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Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). · cites it 8× “Section 69-3-103(1), MCA (‘TNjothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the…”
Montana Power Co. v. Pub. Serv. Comm'n, 671 P.2d 604 (Mont. 1983). · cites it 6× “Section 69-3-103(1), MCA, provides: "In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said commission shall have power to prescribe rules of procedure and to do all things necessary and convenient in the exercise of the…”
City of Billings v. Pub. Serv. Comm'n, 631 P.2d 1295 (Mont. 1981). · cites it 3× “Section 69-3-103(1), MCA, states that the PSC does not have judicial powers.”
Schuster v. Nw. Energy Co., 2013 MT 364 (Mont. 2013). · cites it 3× “The PSC is charged with “inquiring] into any neglect or violation of the laws of this state by any public utility” and enforcing the regulations through referral to the attorney general for prosecution if necessary.”
Mtsun v. Psc, 2020 MT 238 (Mont. 2020). · cites it 5× “24 Indeed, § 69-3-103, MCA, specifically provides that “nothing in this chapter shall be construed as vesting judicial powers on said commission.”
North Star v. PSC, 2022 MT 103 (Mont. 2022). · cites it 2× “See also § 69-3-103(2)(b), MCA (supplemental PSC rulemaking power and authority to “adopt and publish reasonable and proper rules to govern its proceedings” in the regulation of public utilities).”
Gruba v. PSC, 2021 MT 186N (Mont. 2021). · cites it 4× “The District Court concluded the Commission has the power to regulate the mode and manner of all investigations and hearings under § 69-3-103(2)(c), MCA. Although the Commission provided Gruba and Barsanti with sufficient time to brief the matter, the Commission nonetheless…”
3 Rivers Tel. Coop. Inc. v. U.s. West Commc'ns, Inc., 45 F. App'x 698 (9th Cir. 2002). “See Mont.Code Ann. § 69-3-103. It does, however, appear to be within the PSC’s authority and expertise to issue a declaratory ruling with regard to (1) whether the calls for which the Independents seek payment are covered by the Independents' tariffs, and (2) whether a tariff,…”
Basin Elec. Power Coop. v. Dep't of Pub. Serv. Reg., 608 F. Supp. 772 (D. Mont. 1985). · cites it 2× “While the commission has the power “to do all things necessary and convenient” in the exercise of its powers, Mont.Code Ann. § 69-3-103(1) (1983), those powers are limited to matters affecting rates and services.”
— Mont. Code Ann. § 69-3-103(1) — 6 cases
Montana Power Co. v. Pub. Serv. Comm'n, 671 P.2d 604 (Mont. 1983). “Section 69-3-103(1), MCA, provides: "In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said commission shall have power to prescribe rules of procedure and to do all things necessary and convenient in the exercise of the…”
Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). “Section 69-3-103(1), MCA (‘TNjothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the…”
City of Billings v. Pub. Serv. Comm'n, 631 P.2d 1295 (Mont. 1981). “Section 69-3-103(1), MCA, states that the PSC does not have judicial powers.”
Schuster v. Nw. Energy Co., 2013 MT 364 (Mont. 2013). “The PSC is charged with “inquiring] into any neglect or violation of the laws of this state by any public utility” and enforcing the regulations through referral to the attorney general for prosecution if necessary.”
Mtsun v. Psc, 2020 MT 238 (Mont. 2020). “24 Indeed, § 69-3-103, MCA, specifically provides that “nothing in this chapter shall be construed as vesting judicial powers on said commission.”
— Mont. Code Ann. § 69-3-103(2)(a) — 1 case
Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). “Section 69-3-103(1), MCA (‘TNjothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the…”
— Mont. Code Ann. § 69-3-103(2)(b) — 2 cases
Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). “Section 69-3-103(1), MCA (‘TNjothing in this chapter shall be construed as vesting judicial powers on said commission or as denying to any person, firm, association, corporation, municipality, county, town, or village the right to test in a court of competent jurisdiction the…”
North Star v. PSC, 2022 MT 103 (Mont. 2022). “See also § 69-3-103(2)(b), MCA (supplemental PSC rulemaking power and authority to “adopt and publish reasonable and proper rules to govern its proceedings” in the regulation of public utilities).”
— Mont. Code Ann. § 69-3-103(2)(c) — 1 case
Gruba v. PSC, 2021 MT 186N (Mont. 2021). “The District Court concluded the Commission has the power to regulate the mode and manner of all investigations and hearings under § 69-3-103(2)(c), MCA. Although the Commission provided Gruba and Barsanti with sufficient time to brief the matter, the Commission nonetheless…”
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