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Montana Public Service Commission

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The Montana Public Service Commission (PSC) is a quasi-judicial regulatory board of elected officials in the U.S. state of Montana.

The PSC regulates private, investor-owned natural gas, electric, telephone, water and private sewer companies doing business in Montana. In addition, the PSC regulates intrastate railroads and certain motor carriers hauling regulated commodities. The PSC oversees natural gas pipeline safety regulations. There is a major effort by the legislature and commissioners to put social-media companies under PSC jurisdiction as well.[1]

Commissioners

The Montana Public Service Commission, PSC, has since 1975 served as a five-member board with commissioners serving staggered four-year terms.[2]

District Commissioner Party Residence First Elected
1 Randy Pinocci Rep Sun River 2018
2 Tony O'Donnell Rep Billings 2016
3 Roger Koopman Rep Bozeman 2012
4 Bob Lake, Vice Chairman Rep Hamilton 2012
5 Brad Johnson, Chairman Rep East Helena 2014

Democrat former District 3 Commissioner John Vincent of Gallatin Gateway and District 4 Commissioner Gail Gutsche, also a Democrat, lost their bids for a second term on the commission during the November 2012 election to Koopman and Hamilton, both Republicans. The 2012 election created the first all-Republican commission since its establishment in 1975 as a five-member commission.[3]

Republican Brad Johnson, former Secretary of State of Montana, bested state Rep. Galen Hollenbaugh in the November 2014 election to fill the District 5 seat on the PSC. Commission Chairman Bill Gallagher, a Helena Republican, opted not to seek reelection to the seat amid an ongoing battle with pancreatic cancer, which he said could limit his ability to serve a second term on the commission.[4]

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Sun River, Montana

Sun River, Montana

Sun River is a census-designated place (CDP) in Cascade County, Montana, United States. The population was 124 at the 2010 census. It is part of the Great Falls, Montana Metropolitan Statistical Area.

Billings, Montana

Billings, Montana

Billings is the largest city in the U.S. state of Montana, with a population of 117,116 as of the 2020 census. Located in the south-central portion of the state, it is the seat of Yellowstone County and the principal city of the Billings Metropolitan Area, which had a population of 184,167 in the 2020 census. It has a trade area of over 500,000.

Bozeman, Montana

Bozeman, Montana

Bozeman is a city and the county seat of Gallatin County, Montana, United States. Located in southwest Montana, the 2020 census put Bozeman's population at 53,293, making it the fourth-largest city in Montana. It is the principal city of the Bozeman, MT Micropolitan Statistical Area, consisting of all of Gallatin County with a population of 118,960. It is the largest micropolitan statistical area in Montana, the fastest growing micropolitan statistical area in the United States in 2018, 2019 and 2020, as well as the second-largest of all Montana's statistical areas.

Bob Lake

Bob Lake

Bob Lake is a Republican former member of the Montana Legislature. He was elected for Senate District 44, representing the Hamilton, Montana area, in 2010. He previously served in the House of Representatives from 2003-2011.

Hamilton, Montana

Hamilton, Montana

Hamilton is a city that serves as the county seat of Ravalli County, Montana, United States. The population was 4,659 at the 2020 census.

Brad Johnson (Montana politician)

Brad Johnson (Montana politician)

Brad Johnson is an American politician from the U.S. state of Montana. A member of the Republican Party, he is the present chairman of the Montana Public Service Commission.

East Helena, Montana

East Helena, Montana

East Helena is a city in Lewis and Clark County, Montana, United States, approximately 5 miles (8 km) east of downtown Helena. The population was 1,944 at the 2020 census. It is part of the Helena Micropolitan Statistical Area, which includes all of Lewis and Clark and Jefferson counties; its population is 83,058 according to the 2020 Census.

Gallatin Gateway, Montana

Gallatin Gateway, Montana

Gallatin Gateway is a census-designated place (CDP) in Gallatin County, Montana, United States. As of the 2010 census it had a population of 856. Elevation is 4,953 ft.

Gail Gutsche

Gail Gutsche

Gail Gutsche is an American activist and Democratic Party state politician in Montana. She is a candidate for the elected position of member for District 4 of the Montana Public Service Commission, a regulatory tribunal that regulates public utilities in the state.

Secretary of State of Montana

Secretary of State of Montana

The Secretary of State of Montana is one of the elected constitutional officers of executive branch of the U.S. state of Montana.

Districts

The 5 districts of the Commission are separated by county as follows:

District 1:

District 2:

District 3:

District 4:

District 5:

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Blaine County, Montana

Blaine County, Montana

Blaine County is a county in the U.S. state of Montana. As of the 2020 census, the population was 7,044. Its county seat is Chinook. The county was named for James G. Blaine, former United States Secretary of State. It is on the north line of the state, and thus shares the southern border of Canada opposite Saskatchewan.

Cascade County, Montana

Cascade County, Montana

Cascade County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 84,414, making it the fifth-most populous county in Montana. Its county seat is Great Falls.

Chouteau County, Montana

Chouteau County, Montana

Chouteau County is a county located in the North-Central region of the U.S. state of Montana. As of the 2020 census, the population was 5,895. Its county seat is Fort Benton. The county was established in 1865 as one of the original nine counties of Montana, and named in 1882 after Pierre Chouteau Jr., a fur trader who established a trading post that became Fort Benton, which was once an important port on the Missouri River.

Daniels County, Montana

Daniels County, Montana

Daniels County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 1,661. Its county seat is Scobey. It is on Montana's north border, and thus abuts the Canada–US border with Saskatchewan.

Dawson County, Montana

Dawson County, Montana

Dawson County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 8,940. Its county seat is Glendive.

Fergus County, Montana

Fergus County, Montana

Fergus County is a county in the U.S. state of Montana. As of the 2020 census, the population was 11,446. Its county seat is Lewistown. The county was founded in 1885 and named for James Fergus, a Montana politician who was instrumental in creating the county.

Garfield County, Montana

Garfield County, Montana

Garfield County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 1,173. Its county seat is Jordan.

Hill County, Montana

Hill County, Montana

Hill County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 16,309. Its county seat is Havre. It lies along the United States border with Canada, abutting Alberta and Saskatchewan.

Judith Basin County, Montana

Judith Basin County, Montana

Judith Basin County is a county in the U.S. state of Montana. As of the 2020 census, the population was 2,023. Its county seat is the town of Stanford.

Liberty County, Montana

Liberty County, Montana

Liberty County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 1,959. Its county seat is Chester. The decision to separate the future Liberty County area from the previous Hill and Chouteau counties was carried in a 1919 vote; the organization was authorized to commence in the following February.

Big Horn County, Montana

Big Horn County, Montana

Big Horn County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 13,124. The county seat is Hardin. The county, like the river and the mountain range, is named after the bighorn sheep in the Rocky Mountains. The county was founded in 1913. It is located on the south line of the state.

Carbon County, Montana

Carbon County, Montana

Carbon County is a county located in the U.S. state of Montana. As of the 2020 census, the population was 10,473. Its county seat is Red Lodge.

How the agency works

The PSC's office is located at 1701 Prospect Ave. in Helena, Montana, where a staff of more than 30 employees, including economists, engineers, attorneys, rate analysts and others, work for the Department of Public Service Regulation. The agency works to "fairly balance the long-term interests of Montana utility and transportation companies and the customers they serve," according to the agency's Mission Statement. The department operates under the executive branch of Montana government, with the Public Service Commission overseeing the department, the Mission Statement states.

The commission generally meets once per week for its general business meeting — typically at 9:30 a.m. each Tuesday — with audio and video of the meeting streaming online at www.psc.mt.gov. Meeting times and dates may change depending on commissioners' travel schedules and the scheduling of other matters before the commission. Commission meetings are open to the public in the Bollinger Room at the PSC offices in Helena. The commission occasionally meets in executive session to discuss issues it, or the agency's attorneys, believe fall within the guidelines for closing a meeting per the state's open meeting laws. While the PSC is a public agency, utilities have the option to seek a protection order and request documents be held confidential by the commission, but must make a showing to the commission that the information meets guidelines for protection as outlined in section 38.2.5007 of the state of Montana's procedural rules for public service regulation.[5]

Because the job is often complex and requires a thorough understanding of the utility industry, the commission relies on its staff for a wide range of research, data analysis and number crunching. The PSC's staff often appears before the commission during its weekly business meetings to discuss findings and research pertaining to matters before the commission.

The Public Service Commission likens the process of establishing utility rates to that of a banker considering a loan. While the agency doesn't loan money, "It analyzes the company's financial statements for accuracy, examines its operating practices to ensure efficiency, and reviews known future events that may affect the business."[6]

The Commission's website, however, points out a significant contrast between the role of a banker and that of a commissioner:

"The banker would be pleased if a loan applicant could make very high profits. By law, the PSC must allow only those profits that are just and reasonable. In other words, the PSC must allow utilities an opportunity to earn just enough profit so that utility owners will have the incentives to provide adequate service to customers. No more, no less. It is this public interest protection that makes the PSC unique.[7] The Montana Consumer Counsel, meanwhile, represents Montana consumers and intervenes on behalf of the ratepayers on issues before the Public Service Commission.[8]

While the job of regulating utilities can be highly technical, the five commissioners and dozens of staff employees review filings made with the agency. Commissioners work within the agency from individual offices near the Capitol in Helena. Also housed within the agency are the Legal, Utility and Transportation/Centralized Services divisions. While agency employees typically live in the city of Helena, commissioners are elected from five districts across the state and often frequently travel back and forth between their home towns and the PSC offices, or make other arrangements that allow them to spend time at the agency's offices in Helena and to attend the commission's weekly meeting. Koopman and Vincent traded barbs during the 2012 election on the topic of commuting to the PSC from District 3 and meeting attendance.[9]

PSC's approval of utility's $900M purchase of 11 hydroelectric assets

While the PSC has in previous years made headlines in Montana for its sometimes heated disagreements and personality conflicts,[10] one regulatory issue remained at the forefront of the commission's agenda since late 2013. NorthWestern Energy on Oct. 11, 2013 notified the Commission that it planned to seek pre-approval from the Public Service Commission to purchase 11 hydroelectric facilities from PPL Montana, which the commission ultimately approved, with conditions, in its final order dated Sept. 26, 2014 (47-48).[11] NorthWestern Energy in November 2014 said it had completed the transaction to purchase the 11 hydroelectric facilities with a price tag of $900 million, which translates into a 5.2 percent increase in residential power bills.[12]

Commissioner Travis Kavulla concurred in part and dissented in part in the final order, which includes a more than 30-page dissenting opinion from the commissioner (56-89).[13] Kavulla wrote that he dissents from pre-approval of the utility's purchase "for two basic reasons," but that he concurred with some portions of the final order (56).[14] Kavulla argued that he's "skeptical of NorthWestern's valuation of the 11 hydroelectric dams and one storage reservoir (the Hydros) it wishes to purchase. A company ordinarily would have a strong incentive not to over-state the value of an asset it wishes to acquire. That is not the case here. The Commission's Order irrevocably places into consumer rates the $870 million NorthWestern has asked for. The price consumers pay over the next few decades for these assets should be rooted in valid estimates of the assets' market value, but it cannot simply be assumed that the purchase price represents a fair market value" (56).[15]

Kavulla further states in his dissenting opinion that had NorthWestern Energy been required to "stand by the predictions it is making" on the valuation of the assets, that his skepticism might be lessened (57).[16] Kavulla added, " Unfortunately, this Order divests the utility of almost all responsibility in this regard."

In a six-page concurring opinion also included in the final order, Commissioner Roger Koopman wrote that in his review of the utility's application to purchase the assets, he finally determined that "the benefits of the purchase clearly outweighed the risk, and joined the majority in supporting approval" (51).[17] Still, Koopman said the utility had threatened to "undermine" the process by saying it would "walk away from the deal" if the commission sought to make substantive changes. "This threat of termination was ubiquitous, and was expressed in terms that limited Commission prerogatives and afforded commissioners as little room to maneuver as possible" (52).[18] Koopman added that he doesn't agree with everything in the order, but that for the most part he believes the utility's purchase of the assets is "in the public interest" (54).[19] He also wrote in his opinion that a large amount of information in the application and review process "stood on estimations, projects and judgement calls" and that it is difficult to gauge the final outcome of the commission's final order (54).[20] Koopman wrote in the order, "We live in the present, trying to predict the future from whatever facts we have at hand. Those predictions will already be inaccurate 24 hours from now, based on events over which we have no control. We must rely on the collective wisdom of 5 commissioners and 35 dedicated staff, and on the expressed desires of the people of Montana. It is a process that, while far from perfect, works quite well" (55).[21]

Source: "Montana Public Service Commission", Wikipedia, Wikimedia Foundation, (2022, March 8th), https://en.wikipedia.org/wiki/Montana_Public_Service_Commission.

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References
  1. ^ "Tschida, Pinocci Help Advance Bill to Put Big Tech Bullies in Their Place". Montana Daily Gazette. Retrieved 15 March 2021.
  2. ^ "How the Public Commission Works". psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  3. ^ Dennison, Mike. "New 5-0 Republican control of PSC may bring new direction, chairman for regulatory body". NewsBank. Billings Gazette. Retrieved 7 December 2014.
  4. ^ Dennison, Mike. "PSC Chair Gallagher, citing battle with cancer, says he won't run for re-election this year". NewsBank. The Billings Gazette. Retrieved 7 December 2014.
  5. ^ "PROTECTIVE ORDER--REQUESTS, TIMING OF REQUESTS, AND PROCEDURE". www.mtrules.org. Montana Secretary of State. Retrieved 7 December 2014.
  6. ^ "How the Public Commission Works". psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  7. ^ "How the Public Commission Works". psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  8. ^ "How the Public Commission Works". psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  9. ^ Dennison, Mike. "Vincent, Koopman take gloves off - PSC No. 3 race heats up". NewsBank. The Montana Standard. Retrieved 7 December 2014.
  10. ^ Dennison, Mike. "PSC hits impasse over new chairman". NewsBank. Helena Independent Record. Retrieved 7 December 2014.
  11. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  12. ^ "NorthWestern purchase of Montana dams complete". NewsBank. Associated Press State Wire. Retrieved 7 December 2014.
  13. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  14. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  15. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  16. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  17. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  18. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  19. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  20. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
  21. ^ "Final Order" (PDF). psc.mt.gov. Montana Public Service Commission. Retrieved 7 December 2014.
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