During the public‑comment period at the commission's Sept. 8 meeting, Cassie Solberg of Yellowstone County Voices urged commissioners to reopen the investigatory portion of the Northwestern Energy / Black Hills Energy merger docket. Solberg said the commission "does not have a sufficient body of knowledge to make the decision as affirmed," pointed to investor materials and public statements, and raised concerns that the proposed merged entity could prioritize data‑center development across multiple states in ways that could harm Montana ratepayers.
Solberg also alleged that statements made under oath were inconsistent with what the joint applicants told investors and told the commission she is "pursuing an in criminal investigation under MCA 45-7-203 for those that lied under oath." Her remarks asked the commission to broaden the evidentiary record, recommend ring‑fencing provisions and require enforceable corporate bylaws if the merger is approved. Commissioners thanked her for her comments; staff and commissioners later addressed the procedural standards for reopening the record during the work session but ultimately denied the reopening motion by vote.