Electric City Power

Do we really want these folks running an electric utility?

The City Commission passed an ordinance authorizing Electric City Power back in 2003. As a part of that ordinance, the Commission required that the Board of Directors adopt "requirements of good practice" as required by law: "The Board of Directors of the Corporation shall from time to time consider and recommend rules for operation of the municipal electric utility which shall contain, at a minimum, those requirements of good practice which can be normally expected for the operation of an electrical utility as required by Title 69, Chapter 7, Part 2, Montana Code Annotated, as amended. All rules of operation recommended by the Board of Directors shall be subject to approval by resolution of the City Commission."

MCA Sec. 69-7-201 states: "Each municipal utility shall adopt, with the concurrence of the municipal governing body, rules for the operation of the utility. The rules shall contain, at a minimum, those requirements of good practice which can be normally expected for the operation of a utility. They shall define or provide for use of meter or flat rate user charges, the classification of users, applications for service, and uses of the service. The rules shall outline the utility's procedure for discontinuance of service and reestablishment of service as well as the extension of service to users within the municipal boundaries and outside the municipal boundaries. The rule shall provide that rate increases for comparable classifications and zones outside the municipal boundaries may not exceed those set within the municipal limits under the provisions of this chapter." [Emphasis Added]

The Commission also adopted Section 5.20.090 which states: "A schedule of rates, charges or classifications imposed upon or otherwise payable by the customers served by the municipal electric utility and a copy of the rules established for the operation of the municipal electric utility shall be kept and maintained at the principal office of the Corporation and in the City Clerk's Office and the same shall be made available to public inspection at any time during regular office hours." [Emphasis Added]

Yesterday I sent a member of my staff to the City Clerk's Office and requested the rules of operation and the schedule of rates, charges and classifications. First, the gal was flummoxed. Then she called Jordan Love, the Administrative Officer of Electric City Power. He came right over and was flummoxed. Finally, they gave us the corporate bylaws. Compare the bylaws to Sec. 69-7-201 and you can see they are talking about two different things.

Finally, they told us Peggy Bourne would call us. She did. She didn't really know what we were asking for, but said the "wholesale power contract" is on the website. (Please note: I am not criticizing Ms. Bourne; she is not purporting to run a utility. In fact, it seems like most of her time is spent 'running' interference for other staff members who never quite seem to have their...um...stuff together. Ms. Bourne is always professional and helpful.)

We called back today, and Ms. Bourne felt sure she had given us all that she had. My paralegal informed her that what we were seeking is a "legally required document and according to the code it is available during work hours in her office." My paralegal read her or referred her to the applicable code sections. Nothing.

We all remember back in December when Electric City Power was involuntarily dissolved by the Montana Secretary of State for failure to file required form. Now the City has apparently 'overlooked' legal operating requirements. Or, if of the Board of Directors has adopted them, the City either doesn't know what they are or has misplaced them.

I'll say it again. Do we really want these folks running an electric utility?