(1) To establish the basis of need, as required by 75-20-301, MCA, the department must find and determine at least one of the following:
- (a) the facility is a connecting link based on an explanation of how this facility would augment the existing system;
- (b) the facility has been designated as a "common carrier" under 69-13-101, MCA;
- (c) the facility has been identified to relieve a constraint or capacity issue between an energy resource, generation project, market or load center. The constraint or capacity issue(s) are based on existing, projected load or generation;
- (d) the facility would resolve system reliability or stability issues;
- (e) the facility would fulfill a requirement or recommendation of a federal, state, local, or other governmental regulatory body, or is recommended through an independent system operator or regional transmission organization planning process or objective;
- (f) the facility is necessary to correct an existing or potential safety hazard;
- (g) the facility is necessary to correct existing deficiencies to the existing network and explain how the facility would improve the existing network;
- (h) the facility has been identified in economic studies to reduce total costs to ratepayers or customers; or
- (i) the facility would provide firm energy transfer capacity in a path that currently does not exist.
Authorizing statute(s): 75-20-105, MCA
Implementing statute(s): 75-20-301, MCA
History: NEW, 1984 MAR p. 1844, Eff. 12/28/84; TRANS, from DNRC, 1996 MAR p. 2863; AMD, 2005 MAR p. 252, Eff. 2/11/05; AMD, 2024 MAR p. 1879, Eff. 7/27/24.