Montana Code Annotated 2003

Clickable Image


     69-13-303. Prohibition of discrimination in rates or service. (1) Except as provided in subsection (2), no such common carrier in its operations as such shall discriminate between or against shippers in regard to facilities furnished, service rendered, or rates charged under same or similar circumstances in the transportation of crude petroleum, coal, or the products thereof; nor shall there be any discrimination in the transportation of crude petroleum, coal, or the products thereof produced or purchased by itself directly or indirectly. In this connection the pipeline shall be considered as a shipper of the crude petroleum, coal, or the products thereof produced or purchased by itself directly or indirectly and handled through its facilities. No such carrier in such operation shall directly or indirectly charge, demand, collect, or receive from any one a greater or lesser compensation for any service rendered than from another for a like and contemporaneous service. Subject to the provisions of this chapter and the rules which may be prescribed by the commission, every such common carrier shall receive and transport crude petroleum or coal delivered to it for transportation and shall so receive and transport the same and perform its other duties with respect thereto without discrimination.
     (2) The provisions of subsection (1) shall not limit the right of the commission to prescribe rates and regulations different from or to some places from other rates or regulations for transportation from or to other places, as it may determine; nor shall any carrier be guilty of discrimination when obeying any order of the commission. When there shall be offered for transportation more crude petroleum, coal, or the products thereof than can be immediately transported, the same shall be equitably apportioned. The commission may make and enforce general or specific regulations in this regard. No such common carrier shall at any time be required to receive for shipments exceeding 3,000 barrels of petroleum or the products thereof in any one day from any person, firm, corporation, or association of persons.

     History: Ap. p. Sec. 7, Ch. 8, Ex. L. 1921; re-en. Sec. 3854, R.C.M. 1921; re-en. Sec. 3854, R.C.M. 1935; amd. Sec. 6, Ch. 190, L. 1955; amd. Sec. 6, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; Sec. 8-207, R.C.M. 1947; Ap. p. Sec. 10, Ch. 8, Ex. L. 1921; re-en. Sec. 3857, R.C.M. 1921; re-en. Sec. 3857, R.C.M. 1935; amd. Sec. 7, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; Sec. 8-210, R.C.M. 1947; R.C.M. 1947, 8-207, 8-210.

Previous Section MCA Contents Part Contents Search Help Next Section