Montana Power Co. v. Cremer

596 P.2d 483, 182 Mont. 277, 1979 Mont. LEXIS 821
CourtMontana Supreme Court
DecidedJune 22, 1979
Docket14672
StatusPublished
Cited by16 cases

This text of 596 P.2d 483 (Montana Power Co. v. Cremer) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montana Power Co. v. Cremer, 596 P.2d 483, 182 Mont. 277, 1979 Mont. LEXIS 821 (Mo. 1979).

Opinions

MR. JUSTICE DALY

delivered the opinion of the Court.

This is an appeal by the Montana Power Company (MPC) from a judgment of the District Court of the Sixth Judicial District, sitting in Sweet Grass County, dismissing an eminent domain proceeding for lack of jurisdiction.

MPC brought a condemnation action to acquire a permanent easement across a strip of respondents’ land for the construction of a six-inch gas transmission pipeline which in total would extend 38.3 miles from MPC’s pipelines near Greycliff, Montana, to its Big Coulee field located southeast of Ryegate, Montana.

At the “necessity” hearing held on October 18, 1978, respondents objected to the taking of testimony on any need for the proposed pipeline alleging that the pipeline is a “facility” under the Montana Major Facility Siting Act and therefore the Department of Natural Resources and Conservation must first determine environmental compatibility and public need for the pipeline. Testimony was taken from John Robertson, MPC’s gas and oil de[279]*279partment manager and John Van Gelder, MPC’s gas production and transmission manager.

Robertson testified that the proposed pipeline would connect MPC’s total system of gas production, distribution and transportation facilities with its Big Coulee gas fields and the general purpose of the connection was to replenish the depleted Big Coulee reserves for Lewistown, Montana, consumption.. He stated that the estimated cost for construction of the pipeline was $1,693,000, and that it' would be capable of transporting approximately 8,500 million cubic feet of gas per day.

On December 28, 1978, the condemnation suit was dismissed for lack of jurisdiction. The court found as a matter of law that MPC’s proposed pipeline was a “facility” under the Siting Act since.it led “from or to” a “facility” as defined by the Siting Act, section 75-20-104(7)(c) MCA, formerly section 70-803(3)(c), R.C.M.1947. The court also found the pipeline to be an “addition to” MPC’s present natural gas system. The court concluded that MPC was barred from conducting eminent domain proceedings because it had not obtained a certificate from the Montana Board of Natural Resources and Conservation.

MPC appeals from the District Court judgment dismissing the action for lack of jurisdiction and presents a question of statutory interpretation for review by this Court, viz:

Whether the MPC’s proposed gas transmission pipeline is a “facility” as defined by the Montana Major Facility Siting Act at section 75-20-104(7') MCA, formerly section 70-803(3), R.C.M. 1947?

The District Court found as a matter of law that MPC’s pipeline is a facility under the Act because it led to or from a facility as defined by the Siting Act. The court designates MPC’s “gas gathering”, “transmission and distribution pipeline system” as a “facility” to which the proposed line would connect and therefore the line becomes a facility or associated facility. We disagree.

Both parties to this litigation have agreed that the intent of the legislature can be determined from the plain meaning of the [280]*280words used in the statutes and it follows that the plain meaning rule controls. This leaves no necessity to examine legislative history. However, the parties have nonetheless been very generous in furnishing the Court with claimed evidence of legislative intention. No one really got too close to Laws of Montana 1979, Chapter 527, which amended section 75-20-104 MCA, the statute under consideration here, and specifically excludes natural gas pipelines from the Siting Act. This bill was signed by the Governor and became effective immediately on April 10, 1979. This would seem to limit considerably the necessity for a long and involved discussion of the principles of statutory construction in this Opinion.

Additionally, the Montana Department of Natural Resources and Conservation appeared by brief and argued on behalf of the statutory construction urged by appellant. The Department has not considered gas transmission lines connecting other gas transmission lines leading to or from gas wells or fields as a facility under the Act. This Court has previously held that in statutory construction problems great deference must be shown to the interpretation given to the statute by the agency or officers charged with its administration. Department of Revenue v. Puget Sound Power and Light Co. (1978), 179 Mont. 255, 587 P.2d 1282, 1286. This has more than usual import here as the dismissal below was based on the gas line being a “facility.”

The development of the case law in Montana with respect to the rules of statutory construction may be summarized in the following analysis: (1) Is the interpretation consistent with the statute as a whole? (2) Does the interpretation reflect the intent of the legislature considering the plain language of the statute? (3) Is the interpretation reasonable so as to avoid absurd results? and (4)Has an agency charged with the administration of the statute placed a construction on the statute? Dunphy v. Anaconda Co., (1978), 151 Mont. 76, 80, 438 P.2d 660, 662; Home Building & Loan Association v. Fulton (1962), 141 Mont. 113, 115, 375 P.2d 312, 313; Teamster Local # 45 v. Cascade County School Dist. # 1 (1973), 162 Mont. 277, 280, 511 P.2d 339, 341; State ex rel. [281]*281Cashmore v. Anderson (1972), 160 Mont. 175, 184, 500 P.2d 921, 926-27; Puget Sound Power & Light Co., supra.

For the pipeline in question to fall within the parameters of the Siting Act, it must be a pipeline designed for or capable of transporting gas from or to a major facility. See section 75-20- 104(7)(c) MCA, formerly section 70-803(3)(c), R.C.M.1947, which states:

“[E]ach pipeline and associated facilities designed for or capable of transporting gas, water, or liquid hydrocarbon products from or to a facility located within or without this state of the size indicated in subsection (7)(a) of this section.”

The facilities indicated in the referenced subsection include facilities capable of: (1) generating 50 megawatts of electricity; (2) producing 25 million cubic feet of gas per day; (3) producing 25,000 barrels of liquid hydrocarbon products per day; (4) enriching uranium minerals; (5) utilizing, refining or converting 500,000 tons of coal per year. For the gas pipeline to be a facility under the Siting Act, the pipeline must come from or go to one of these types of facilities.

Section 75-20-102 MCA, formerly section 70-802, R.C.M.1947, establishes that the Siting Act is aimed at the “location, construction, and operation of power and energy conversion facilities.” Likewise, the facilities described in section 75-20- 104(7)(a) MCA all clearly contemplate the siting and construction of artificial (man-made) facilities to aid in the conversion of a raw material to a commercial energy product.

Section 75-20-104(7)(a)(i) MCA concerns the generation of electricity.

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Montana Power Co. v. Cremer
596 P.2d 483 (Montana Supreme Court, 1979)

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Bluebook (online)
596 P.2d 483, 182 Mont. 277, 1979 Mont. LEXIS 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-power-co-v-cremer-mont-1979.