Rule 42.29.103 - ANNUAL REPORTING AND PENALTIES(1) Annual USB programs summary reports required pursuant to 69-8-402, MCA, must be filed with the department on or before March 1 of each year for the previous calendar year USB programs' credits and expenditures. For the purpose of 69-8-414, MCA, a USB programs summary report filed on or before March 1 for the previous calendar year is considered to be filed on March 1.(2) The department shall provide written notice to each utility or large customer claiming the USB credit that fails to submit a USB programs annual summary report by March 1 of each year for the previous calendar year USB programs' credits and expenditures. Penalties, authorized by 69-8-414, MCA, shall be imposed if the department does not receive a utility's or large customer's USB programs annual summary report within 20 business days of the date on the department's written notice.(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) Documents submitted by the utility or large customer shall be subject to the department's protective orders regarding confidential or proprietary materials. A utility or large customer claiming confidential or proprietary materials shall move the department for a protective order 30 days in advance of filing the USB programs annual summary report to allow an order to be issued prior to the report being filed. The motion for protective order must specify the material sought to be protected and the reason such materials should be considered confidential or proprietary. (a) The department will grant or deny the motion within 30 days of receipt of the motion. (b) Materials not subject to a protective order will be made available for public inspection and photocopying.(5) The department shall publish a public notice listing:(a) the names of the utilities or large customers who have filed application for the credits as shown on the annual summary reports;(b) when the USB program annual summary report was filed;(c) the specific date by which interested persons must file any challenge to a utility's or large customer's claim for credit; and(d) where to file the challenge.(6) Publication of the public notice will occur within 20 days of the department receiving the utility's or large company's USB programs annual summary report. The department shall publish the public notice on its web site and in the major newspapers of general circulation for the state of Montana. (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) Claimed credits shall be presumed to be acceptable unless proven otherwise, and the burden of proving ineligibility of a credit lies with the challenging party. If the department receives a challenge to a claimed credit, it shall promptly notify the utility or large customer claiming the credit of the challenge, in writing, and provide a copy of the interested person's challenge and any supporting documents to the claimant.Mont. Admin. r. 42.29.103
NEW, 1999 MAR p. 2927, Eff. 12/17/99; AMD, 2002 MAR p. 209, Eff. 2/1/02; AMD, 2016 MAR p. 894, Eff. 5/21/2016; AMD, 2016 MAR p. 1027, Eff. 6/4/2016AUTH: 15-1-201, 69-8-413, MCA; IMP: 69-8-402, 69-8-414, MCA