Mont. Admin. r. 38.1.101 - ORGANIZATIONAL RULE

(1) The organization, functions, and duties of the Department of Public Service Regulation, and its commission, divisions, and primary work units are described in this rule.

(a) History. Public utility regulation got its start in Montana in 1907 with the creation of a three-member Board of Railroad Commissioners. In 1913, the Montana Legislature created the Public Service Commission vesting it with the authority to supervise, control, and regulate public utilities in the public interest. In 1971, the legislature created the Department of Public Service Regulation pursuant to 2-15-2601, MCA, and set the Public Service Commission as the department head. In 1974, the legislature expanded the commission from three members elected statewide to five members elected from regional districts. Over time, the commission has retained limited regulatory responsibilities for railroad safety and received varying degrees of new regulatory responsibilities over privately owned monopolistic industries including electric, natural gas, water, sewer, and telephone utilities, along with some types of motor carriers and intra-state natural gas pipelines.

(b) The Public Service Commission. The Public Service Commission (commission) is the department head. The commission is a deliberative, quasi-judicial body comprised of five elected commissioners. The commission is responsible for the direction and general administration of the department and, pursuant to Title 69 Montana Code Annotated (MCA), the supervision and regulation of the operations of certain public utilities, common carriers, railroads, and other regulated industries. Administratively, the commission is responsible for selecting and directing department management and approving the department's strategic plan, policies, initiatives, and budgets. The commission is supported by a professional staff that provides expert legal, regulatory, public policy, consumer assistance, communications, and operational support.

(c) Commissioners. Each commissioner resides within a unique geographic district and is elected by the people of the district pursuant to 69-1-103, MCA. All commissioners are vested with fiduciary obligations to the department and bound by the oath of office pursuant to Article 3, part 3 of the Montana Constitution. Commissioners may be assigned to chair committees or commission proceedings, serve on boards and committees, and lead or assist with the department's special projects. Commissioners regularly receive staff reports and recommendations, and confer with staff to obtain relevant information prior to commission deliberations. Individual commissioners confer with the executive director regarding internal operations matters and work through division administrators on other matters within the jurisdiction of the commission.

(d) Department management. Department management includes the commission officers, executive director, chief legal counsel, chief regulator, business manager, commission secretary, and external affairs manager. Department management are responsible for leadership, supervision, productivity, and quality control within assigned areas of operation. Management cooperates agency-wide to support commission functions and carry out the department's statutory responsibilities in accordance with the acts, policies, and directions of the commission.

(i) Management - Officers of the Commission. The officers of the commission are the president, who is the presiding officer pursuant to 69-1-107, MCA, and the vice president. The officers are selected by the commission from its membership at the commission's first business meeting of each year after a general election. If an officer ceases to be a member of the commission, or otherwise vacates an officer position, the commission shall select a replacement officer within ten days at a business meeting publicly noticed for that purpose.

(A) President. The president has authority for the general supervision of the department and acts as the agency head on behalf of the commission in all administrative matters not otherwise delegated by law, administrative rule, policy, or an act of the commission. The president is the designated spokesperson for the commission and is responsible for the preservation of order and decorum. The president has the power to preside over the commission's meetings; approve department calendars, agendas, and expenditures; and designate commissioners and staff for special assignments. The president directly supervises the executive director and confers with and guides management. The president performs other duties prescribed by applicable law, rule, policy, and acts of the commission. The president reports to the commission.

(B) Vice President. The vice president assumes the duties of president when the president is unavailable, except when the president or the commission otherwise delegates the duty. The vice president supports and assists the president, and performs other duties prescribed by applicable law, rule, policy, and acts of the commission. The vice president reports to the president.

(ii) Management - Staff. Staff management are appointed by and serve at the pleasure of the commission. These positions are:

(A) Executive Director. The executive director is the chief administrative officer of the department and the administrator of the Centralized Services Division. The executive director supervises management staff and acts as the department's chief of staff responsible for the performance of all staff across all divisions. The executive director advises the commission regarding internal matters and reports to the president.

(B) Chief Legal Counsel. The chief legal counsel is the administrator of the Legal Division and acts as the commission's general counsel. The chief legal counsel advises the commission regarding legal matters and reports to the executive director regarding internal matters.

(C) Chief Regulator. The chief regulator is the administrator of the Regulatory Division. The chief regulator advises the commission regarding regulatory matters and reports to the executive director regarding internal matters.

(D) Business Manager. The business manager is responsible for managing the department's human resources, financial activity, inventory, and facilities. The business manager advises the commission regarding these matters and reports to the executive director.

(E) Commission Secretary. The commission secretary is responsible for administrative support to the commission and manages the department's reception services, technology, office equipment, and records retention. The commission secretary advises the commission regarding these matters and reports to the executive director.

(F) External Affairs Manager. The external affairs manager manages the department's public policy, communications, public relations, and Consumer Assistance Program. The external affairs manager advises the commission regarding these matters and reports to the executive director.

(e) Divisions. The department staff is organized into three divisions. All divisions cooperate and assist one another to fulfill the department's operational and statutory requirements in accordance with the acts, policies, and directions of the commission. The department's divisions are:

(i) Legal Division;

(ii) Centralized Services Division; and

(iii) Regulatory Division.

(2) Primary Functions of Department Divisions.

(a) Legal Division. The Legal Division provides competent representation to the department. The Legal Division facilitates the commission's legal and quasi-judicial proceedings and provides legal counsel to the commission and department in matters requiring legal representation, interpretation, or opinion. The Legal Division represents the department and the commission in court; issues legal opinions; analyzes contracts; and advises the commission on interpretations of law on matters within the scope of the department's jurisdiction and responsibility. Its activities include managing dockets before the commission and related document intake and distribution; drafting commission notices, orders, and decisions; drafting, revising, and managing administrative rules; conducting legal research; and acting as hearing officers for the department.

(b) Centralized Services Division. The Centralized Services Division provides internal operations functions for the department and facilitates public access, consumer assistance, public policy, and communication activities. This division includes three units:

(i) Internal Business. This unit manages the department's budget, accounting, procurement, revenue collection, and related reporting; office space and facility maintenance; inventory, furnishings, and equipment; human resources, safety, and payroll processing.

(ii) IT and Administrative Support. This unit manages the department's technology systems, office equipment, and supplies; reception and mail processing services; compilation, assembly and distribution of commission agendas, minutes, and work session materials; and the department's record-keeping and retention. The unit facilitates the commission's business meetings, maintains the department's reception and common areas, and provides administrative support to commissioners and the Centralized Services Division.

(iii) External Affairs. This unit manages the department's external communications, public policy analysis, public access and participation, and consumer assistance program. It coordinates web site content, press releases, and media responses; facilitates public comment and participation in commission proceedings; tracks and analyzes legislative acts and related public policy; monitors service outages and billing changes; and assists consumers with questions or complaints regarding regulated entities.

(c) Regulatory Division. The Regulatory Division conducts financial, economic, and technical analyses of the operations of regulated public utilities and common carriers; administers tariffs; performs railroad and pipeline safety inspections; monitors compliance; manages enforcement; drafts and implements commission rules, orders, and other directives; administers applications for operation authority; participates in regional transmission forums; assists with developing and modifying regulations and policies; and advises the commission regarding all of these matters. The division is comprised of the following work groups:

(i) Economic Analysts. This group assists in interpretation and application of public policy and develops rate design recommendations.

(ii) Accounting Analysts. This group analyzes operating costs, revenue requirements, and performance of regulated entities.

(iii) Pipeline Inspectors. This group performs safety inspections on intrastate natural gas lines.

(iv) Railroad Inspectors. This group performs safety inspections on locomotives, freight cars, and railway fencing.

(v) Regulatory Compliance Specialists. This group administers applications from regulated motor carriers, telecommunications carriers, and water and sewer companies, and assists the railroad safety program with risk assessment and reporting.

(3) Information or Submissions. Information about the department and the commission can be found at the following web site: http://psc.mt.gov/. General inquiries regarding the department and media inquiries should be addressed to the external affairs manager. Complaints related to regulated entities should be directed to the department's Consumer Assistance Program by emailing pschelp@mt.gov or phoning 1 800 646-6150.

(4) Commission Roster.

Commissioner (District 1): Randy Pinocci, Sun River, MT

Commissioner (District 2): Tony O'Donnell, Billings, MT

Commissioner (District 3): James Brown, Dillon, MT

Commissioner (District 4): Jennifer Fielder, Thompson Falls, MT

Commissioner (District 5): Brad Johnson, Helena, MT

(5) Location.

(a) The department's main office is located at 1701 Prospect Ave, Suite C, Helena, MT, 59620; and its mailing address is P.O. Box 202601, Helena, MT, 59620-2601. All staff are headquartered at the main office.

(b) Each commissioner's home is their designated headquarters for purposes of travel under 2-18-501, MCA, provided the home is located within the district the commissioner is required to reside within, the travel conforms with all applicable laws and policies, the travel is approved by the commission president, and the home address is maintained within the department's personnel files. Official mail and deliveries should be directed to the department's main office.

(6) Organizational Chart. The organizational chart of the Department of Public Service Regulation's management structure is attached to this rule, and by this reference incorporated.

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Notes

Mont. Admin. r. 38.1.101

NEW, Eff. 12/31/72; AMD, Eff. 1/27/75; AMD, Eff. 6/6/77; AMD, Eff. 7/27/78; AMD, Eff. 7/2/79; AMD, Eff. 3/31/81; AMD, Eff. 1/3/83; AMD, Eff. 6/30/83; AMD, Eff. 9/30/84; AMD, Eff. 9/30/85; AMD, Eff. 12/31/85; AMD, Eff. 12/31/89; AMD, Eff. 7/9/90; AMD, Eff. 1/7/91; AMD, Eff. 9/10/91; AMD, Eff. 4/13/92; AMD, Eff. 1/4/93; AMD, Eff. 4/20/94; AMD, Eff. 1/3/95; AMD, Eff. 1/2/97; AMD, Eff. 1/1/13; AMD, Eff. 2/22/22.

2-15-2601, MCA; IMP, 2-4-201, MCA;