69-8-202. Public utility -- transition plans. (1) All public utilities, pursuant to this chapter, shall submit a transition plan to the commission. Plans must be filed with the commission not later than 1 year before the date by which any customers of the public utility are entitled to choice of electricity supplier pursuant to 69-8-201. The commission may develop a schedule for public utilities that are required to file plans. The transition plan must demonstrate that the public utility meets all the requirements of this chapter.
     (2) The commission shall develop a procedural schedule that includes:
     (a) a preliminary transition plan determination including the commission's findings on whether the plan is complete and adequate subject to the requirements of this chapter; and
     (b) an opportunity for a public utility to file a revised plan based on the preliminary determination.
     (3) Unless waived by the public utility, the commission shall issue a final order approving, modifying, or denying the transition plan before 9 months after the date a public utility files a plan. All parties are afforded an opportunity for hearing before issuance of the final order.
     (4) The commission shall process a request for approval of a transition plan pursuant to the contested case procedures of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6.
     (5) On approval of the plan, the commission shall enforce the public utility obligations as incorporated in the plan and in the commission's final order.

     History: En. Sec. 6, Ch. 505, L. 1997.