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In the matter of the amendment of ARM 42.29.101, 42.29.102, and 42.29.103 pertaining to universal system benefits programs
1. On January 8, 2016, the Department of Revenue published MAR Notice No. 42-2-947 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 13 of the 2016 Montana Administrative Register, Issue Number 1. On April 22, 2016, the department published an amended notice of proposed amendment and extension of comment period at page 712 of the 2016 Montana Administrative Register, Issue Number 8. On May 20, 2016, the department published a notice of amendment at page 894 of the 2016 Montana Administrative Register, Issue Number 10.
2. The department subsequently determined that it had failed to include timely-submitted written comments from an interested party. Therefore, the department is publishing this corrected notice of amendment to respond to the comments and to further amend ARM 42.29.103 accordingly. ARM 42.29.101 and 42.29.102 remain as previously amended.
3. The rule, as amended in corrected form, reads as follows, deleted matter interlined, new matter underlined:
42.29.103 ANNUAL REPORTING AND PENALTIES (1) and (2) remain as amended.
(3) If the department does not receive a USB programs annual summary report from the utility or large customer claiming the USB credit within 20 business days of the department's written notice, as set forth in (2), the department shall impose a $1,000 administrative penalty against the utility or large customer. For each additional 30 calendar days that the utility or large customer does not file with the department a USB programs annual summary report for previous calendar year credits and expenditures, an additional $1,000 administrative penalty, up to a maximum of $5,000, will be assessed.
(4) through (6) remain as amended.
(7) A USB programs summary report received on or before March 1 for the previous calendar year is considered timely and recorded as received on March 1 for the purpose of publishing the public notice listing of annual reports received.
(8) A USB programs summary report received March 2 through April 1 for the previous calendar year is considered delinquent and recorded as received on April 1 for the purpose of publishing the public notice listing of annual reports received.
(9) remains as amended.
AUTH: 15-1-201, 69-8-413, MCA
IMP: 69-8-402, 69-8-414, MCA
4. A summary of the additional comments received and the department's response are as follows:
COMMENT 1: Deb Young, representing NorthWestern Energy, requested that the department amend the language in ARM 42.29.103 for better clarity. She recommended adding the word "calendar" after the 30 day reference in (3), because the word "business" follows the 20 day reference in that same section. Ms. Young further recommended adding the statement "for the purpose of publishing the public notice listing of annual reports received" to the end of the sentence in (8), to allow the department to accumulate the reports received March 1 to April and publish them with just one public notice.
RESPONSE 1: The department appreciates Ms. Young's suggestions and agrees with her recommendations. The department has amended ARM 42.29.103 to incorporate the recommended language in (3) and (8). The department further determined it made sense to also add the language recommended for (8) into (7), to add the same clarity in that section, too.
/s/ Laurie Logan                                    /s/ Mike Kadas
Laurie Logan                                         Mike Kadas
Rule Reviewer                                       Director of Revenue
Certified to the Secretary of State May 23, 2016
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