Montana Code Annotated

Mont. Code Ann. § 69-8-210 (2026)

Public Utilities -- Cost Tracking -- Environmentally Preferred Resources

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

CHAPTER 8. ELECTRIC UTILITY INDUSTRY GENERATION REINTEGRATION

Part 2. Public Utilities

Public Utilities -- Cost Tracking -- Environmentally Preferred Resources

69-8-210. Public utilities -- cost tracking -- environmentally preferred resources. (1) The commission may approve a cost-tracking adjustment for a public utility regulated under this part consistent with its regulation of public utilities under Title 69, chapter 3.

(2) Notwithstanding any service options that the commission may require, a public utility shall offer its customers the option of purchasing a product composed of or supporting power from certified environmentally preferred resources that include but are not limited to wind, solar, geothermal, and biomass, subject to review and approval by the commission. The commission shall ensure that these resources have been certified as meeting industry-accepted standards.

History: En. Sec. 11, Ch. 505, L. 1997; amd. Sec. 12, Ch. 577, L. 2001 (voided by I.R. No. 117, Nov. 5, 2002); amd. Sec. 5, Ch. 509, L. 2003; amd. Sec. 1, Ch. 600, L. 2003; amd. Sec. 8, Ch. 491, L. 2007; amd. Sec. 1, Ch. 359, L. 2017.

Notes of Decisions
Cited in 3 cases, 2003–2016 · leading case: Great Falls Tribune v. Montana Pub. Serv. Comm'n, 2003 MT 359 (Mont. 2003).
Great Falls Tribune v. Montana Pub. Serv. Comm'n, 2003 MT 359 (Mont. 2003). · cites it 10× “6007, ARM, and by statute at § 69-8-210(3), MCA, to act as the default supplier for that service territory.”
Nw. Corp. v. Montana Dep't of Pub. Serv. Reg., 2016 MT 239 (Mont. 2016). · cites it 23× “” Northwestern notes that other jurisdictions consider such costs under a reasonable utility standard. Under this standard, Northwestern argues that “prudently incurred” costs are those that a reasonable utility in NorthWestern’s similar situation would have incurred, and argues…”
Nw. v. PSC, 2016 MT 239 (Mont. 2016). · cites it 20× “Under this standard, NorthWestern argues that “prudently incurred” costs are those that a reasonable utility in NorthWestern’s similar situation would have incurred, and argues that it acted as any other reasonable utility would have in the same situation.”
Mont. Code Ann. § 69-8-210(1): 2 cases
Nw. Corp. v. Montana Dep't of Pub. Serv. Reg., 2016 MT 239 (Mont. 2016). “” Northwestern notes that other jurisdictions consider such costs under a reasonable utility standard. Under this standard, Northwestern argues that “prudently incurred” costs are those that a reasonable utility in NorthWestern’s similar situation would have incurred, and argues…”
Nw. v. PSC, 2016 MT 239 (Mont. 2016). “Under this standard, NorthWestern argues that “prudently incurred” costs are those that a reasonable utility in NorthWestern’s similar situation would have incurred, and argues that it acted as any other reasonable utility would have in the same situation.”
Mont. Code Ann. § 69-8-210(3): 1 case
Great Falls Tribune v. Montana Pub. Serv. Comm'n, 2003 MT 359 (Mont. 2003). “6007, ARM, and by statute at § 69-8-210(3), MCA, to act as the default supplier for that service territory.”
Mont. Code Ann. § 69-8-210(4)(a): 1 case
Great Falls Tribune v. Montana Pub. Serv. Comm'n, 2003 MT 359 (Mont. 2003). “6007, ARM, and by statute at § 69-8-210(3), MCA, to act as the default supplier for that service territory.”
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