Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.86 - ENERGY
Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding
Rule 17.86.120 - CERTIFICATES OF DEPOSIT
Universal Citation: MT Admin Rules 17.86.120
Current through Register Vol. 18, September 20, 2024
(1) An owner may satisfy the bonding requirements of this subchapter by submitting proof acceptable to the department that the certificate of deposit (CD):
(a) was issued by a single institution in a
denomination not in excess of $250,000, or the maximum insurable amount as
determined by the Federal Deposit Insurance Corporation (FDIC), whichever is less.
The department may not accept a combination of CDs from an owner in excess of that
limit from a single institution. If the issuing institution uses a system in which
the issuing institution serves as custodian for the payees of multiple CDs and
arranges for one or more additional institutions to issue CDs not in excess of each
institution's FDIC limit, and submits those CDs to the department with proof
determined acceptable to the department that the issued CDs are insured by the FDIC,
the department may accept those CDs;
(b)
is automatically renewable annually on the CD's anniversary date;
(c) in combination with all CDs, is in a
sufficient amount to ensure that funds in the amount of the bond required in this
subchapter will be paid to the department by the issuing bank if the department
forfeits the bond and liquidates the CDs before maturity;
(d) is payable to the owner and the department,
and the owner has assigned its interest in the CD to the department, both in writing
and in the records of the bank issuing the CD;
(e) expressly prohibits the owner from withdrawing
funds until the department has released the CD and assignment; and
(f) waives all rights of the issuer to a setoff or
lien against the CDs.
AUTH: 75-26-310, MCA; IMP: 75-26-304, MCA
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