Mont. Code Ann. » TITLE 69. PUBLIC UTILITIES AND CARRIERS · CHAPTER 3. REGULATION OF UTILITIES · Part 6. Small Power Production Facilities
Montana Code Annotated

Mont. Code Ann. § 69-3-601 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 69
  3. CHAPTER 3
  4. Part 6
  5. 69-3-601 Definitions

TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 3. REGULATION OF UTILITIES

Part 6. Small Power Production Facilities

Definitions

69-3-601. (Temporary) Definitions. As used in this part, the following definitions apply:

(1) "Commission" means the Montana public service commission.

(2) "Electric cooperative" means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do business in Montana.

(3) "Qualifying small power production facility" means a facility that:

(a) produces electricity by the use, as a primary energy source, of biomass, waste, water, wind, or other renewable resource, or any combination of those sources; or

(b) produces electricity and useful forms of thermal energy, such as heat or steam, used for industrial, commercial, heating, or cooling purposes through the sequential use of energy known as cogeneration; and

(c) has a power production capacity that together with any other facilities located at the same site is not greater than 80 megawatts; and

(d) is owned by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility.

(4) "Utility" means any public utility supplying electricity and regulated by the commission. (Repealed on occurrence of contingency--secs. 1, 3, Ch. 284, L. 2003--see part compiler's comment.)

History: En. Sec. 1, Ch. 436, L. 1981; amd. Sec. 1, Ch. 232, L. 1983.

Notes of Decisions
Cited in 5 cases, 2010–2020 · leading case: Mtsun v. Psc, 2020 MT 238 (Mont. 2020).
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Mtsun v. Psc, 2020 MT 238 (Mont. 2020). · cites it 4× “§ 824a-3, and Montana’s mini-PURPA, § 69-3-601(3), MCA. After engaging with NorthWestern to negotiate a power purchase agreement (“PPA”) and failing to agree to an avoided-capacity cost, MTSUN petitioned the PSC on December 23, 2016, to set the terms and conditions for the…”
Whitehall Wind, LLC v. Montana Pub. Serv. Comm'n, 2010 MT 2 (Mont. 2010). “The Montana Legislature enacted §§ 69-3-601 through 604, MCA, to facilitate the PSC’s implementation of PURPA.”
Whitehall Wind, LLC v. Montana Pub. Serv. Comm'n, 2015 MT 119 (Mont. 2015). “In 1981, the Montana Legislature enacted §§ 69-3-601 through -604, MCA, to facilitate the Commission’s implementation of PXJRPA.”
Vote Solar v. PSC, 2020 MT 213 (Mont. 2020). “, “mini-PURPA,” §§ 69-3-601 through 604, MCA. In Montana, QFs with a nameplate capacity of 3 MW or less are eligible for standard-offer rates—NorthWestern’s “QF-1 Tariff Rate”—at issue in this case.”
Vote Solar v. PSC (Mont. 2020). “, “mini-PURPA,” §§ 69-3-601 through 604, MCA. In Montana, QFs with a nameplate capacity of 3 MW or less are eligible for standard-offer rates—NorthWestern’s “QF-1 Tariff Rate”—at issue in this case.”
Mont. Code Ann. § 69-3-601(3): 1 case
Mtsun v. Psc, 2020 MT 238 (Mont. 2020). “§ 824a-3, and Montana’s mini-PURPA, § 69-3-601(3), MCA. After engaging with NorthWestern to negotiate a power purchase agreement (“PPA”) and failing to agree to an avoided-capacity cost, MTSUN petitioned the PSC on December 23, 2016, to set the terms and conditions for the…”
Mont. Code Ann. § 69-3-601(3)(c): 1 case
Mtsun v. Psc, 2020 MT 238 (Mont. 2020). “§ 824a-3, and Montana’s mini-PURPA, § 69-3-601(3), MCA. After engaging with NorthWestern to negotiate a power purchase agreement (“PPA”) and failing to agree to an avoided-capacity cost, MTSUN petitioned the PSC on December 23, 2016, to set the terms and conditions for the…”
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