Administrative Rules of Montana
Department 38 - PUBLIC SERVICE REGULATION
Chapter 38.5 - UTILITY DIVISION
Subchapter 38.5.40 - Interconnection
Rule 38.5.4048 - ARBITRATOR'S DECISION
Current through Register Vol. 18, September 20, 2024
(1) Unless the commission is the arbitrator the arbitrator shall issue a recommended decision on all the issues submitted for arbitration no later than 30 days before the date established for the commission's final decision on arbitration.
(2) The arbitrator's recommended decision shall set forth the recommended resolution of each issue submitted for arbitration and provide a recommended schedule for implementation by the parties. The decision shall provide a written rationale for each recommended resolution, including any necessary findings and relevant citations to law or the record.
(3) Parties may file exceptions to the recommended decision and request oral argument with the commission no later than 10 days after the arbitrator issues the recommended decision.
(4) The issues presented shall be resolved to ensure compliance with the requirements of sections 251 and 252 (d) of the 1996 Act, applicable FCC regulations, relevant state law and applicable rules or orders of the commission.
Sec. 69-3-103, MCA; IMP, Secs. 69-3-102 and 69-3-201, MCA;
