69-13-303. Prohibition of discrimination in rates or service. - Montana Statutes

     69-13-303. Prohibition of discrimination in rates or service. (1) Except as provided in subsection (2), a common carrier in its operations may not discriminate between or against shippers in regard to facilities furnished, service rendered, or rates charged under the same or similar circumstances in the transportation of crude petroleum, coal, the products of crude petroleum or coal, or carbon dioxide produced in the combustion or gasification of fossil fuels. There may not be any discrimination in the transportation of crude petroleum, coal, the products of crude petroleum or coal, or carbon dioxide produced in the combustion or gasification of fossil fuels produced or purchased by the common carrier directly or indirectly. In this connection the pipeline must be considered as a shipper of the crude petroleum, coal, the products of crude petroleum or coal, or carbon dioxide produced in the combustion or gasification of fossil fuels produced or purchased by the pipeline directly or indirectly and handled through its facilities. A carrier in the operation may not directly or indirectly charge, demand, collect, or receive from any one a greater or lesser compensation for any service rendered than from another for a like and contemporaneous service. Subject to the provisions of this chapter and the rules that may be prescribed by the commission, every common carrier shall receive and transport crude petroleum, coal, the products of crude petroleum or coal, or carbon dioxide produced in the combustion or gasification of fossil fuels delivered to it for transportation and shall receive and transport the products and perform its other duties with respect to the products without discrimination.
     (2) The provisions of subsection (1) do not limit the right of the commission to prescribe rates and regulations different from or to some places from other rates or regulations for transportation from or to other places, as it may determine. A carrier is not guilty of discrimination when obeying any order of the commission. When there is offered for transportation more crude petroleum, coal, the products of crude petroleum or coal, or carbon dioxide produced in the combustion or gasification of fossil fuels than can be immediately transported, the products must be equitably apportioned. The commission may make and enforce general or specific regulations in this regard. A common carrier may not at any time be required to receive petroleum or petroleum products for shipments exceeding 3,000 barrels in any 1 day from any person, firm, corporation, or association of persons.

     History: Ap. p. Sec. 7, Ch. 8, Ex. L. 1921; re-en. Sec. 3854, R.C.M. 1921; re-en. Sec. 3854, R.C.M. 1935; amd. Sec. 6, Ch. 190, L. 1955; amd. Sec. 6, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; Sec. 8-207, R.C.M. 1947; Ap. p. Sec. 10, Ch. 8, Ex. L. 1921; re-en. Sec. 3857, R.C.M. 1921; re-en. Sec. 3857, R.C.M. 1935; amd. Sec. 7, Ch. 170, L. 1963; amd. Sec. 20, Ch. 315, L. 1974; Sec. 8-210, R.C.M. 1947; R.C.M. 1947, 8-207, 8-210; amd. Sec. 6, Ch. 231, L. 2009.