Montana Code Annotated

Mont. Code Ann. § 69-3-321 (2026)

Complaints Against Public Utility -- Hearing

✓ current as of May 2026
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TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 3. REGULATION OF UTILITIES

Part 3. Ratemaking Procedures

Complaints Against Public Utility -- Hearing

69-3-321. Complaints against public utility -- hearing. (1) The commission shall proceed, with or without notice, to make such investigation as it may deem necessary upon a complaint made against any public utility by any mercantile, agricultural, or manufacturing society or club; by any body politic or municipal organization or association, the same being interested; or by any person, firm, or corporation, provided such person, firm, or corporation is directly affected thereby, that:

(a) any of the rates, tolls, charges, or schedules or any joint rate or rates are in any way unreasonable or unjustly discriminatory;

(b) any regulations, measurements, practices, or acts whatsoever affecting or relating to the production, transmission, delivery, or furnishing of heat, light, water, power, or regulated telecommunications service, or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly discriminatory; or

(c) any service is inadequate.

(2) No order affecting such rates, tolls, charges, schedules, regulations, measurements, practices, or acts complained of shall be entered without a formal hearing, except the commission may issue an order to provide service to a residential consumer pending a hearing on a complaint by such consumer or by the consumer counsel on behalf of such consumer against a public utility, providing that the hearing is held within 20 days unless further delayed by consent of all parties.

History: En. Sec. 17, Ch. 52, L. 1913; re-en. Sec. 3897, R.C.M. 1921; re-en. Sec. 3897, R.C.M. 1935; amd. Sec. 1, Ch. 138, L. 1975; R.C.M. 1947, 70-119(part); amd. Sec. 14, Ch. 546, L. 1985.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1983–2021 · leading case: Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012).
Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). · cites it 43× “The PSC dismissed the complaint on the ground that the four named complainants lacked standing under §69-3-321, MCA. Appellants then *130 filed an amended complaint in which they named four additional complainants.”
Montana Power Co. v. Pub. Serv. Comm'n, 671 P.2d 604 (Mont. 1983). · cites it 6× “Section 69-3-321(1), MCA permits the Commission to investigate any complaint made against a public utility by a person or entity that is "directly affected" by the utility's rates, tolls, charges, schedules, regulations, measurements, practices, acts or service.”
Molnar v. Fox, 2013 MT 132 (Mont. 2013). · cites it 2× “That statute, § 69-3-321(1), MCA, provided that a complaint could be brought by a party “directly affected” by the challenged policy.”
Gruba v. PSC, 2021 MT 186N (Mont. 2021). · cites it 6× “Section 69-3-321, MCA, applies to complaints against a public utility and the Commission’s responsibility to proceed with an investigative hearing.”
— Mont. Code Ann. § 69-3-321(1) — 3 cases
Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). “The PSC dismissed the complaint on the ground that the four named complainants lacked standing under §69-3-321, MCA. Appellants then *130 filed an amended complaint in which they named four additional complainants.”
Montana Power Co. v. Pub. Serv. Comm'n, 671 P.2d 604 (Mont. 1983). “Section 69-3-321(1), MCA permits the Commission to investigate any complaint made against a public utility by a person or entity that is "directly affected" by the utility's rates, tolls, charges, schedules, regulations, measurements, practices, acts or service.”
Molnar v. Fox, 2013 MT 132 (Mont. 2013). “That statute, § 69-3-321(1), MCA, provided that a complaint could be brought by a party “directly affected” by the challenged policy.”
— Mont. Code Ann. § 69-3-321(l)(c) — 1 case
Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). “The PSC dismissed the complaint on the ground that the four named complainants lacked standing under §69-3-321, MCA. Appellants then *130 filed an amended complaint in which they named four additional complainants.”
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