PSC denies request to reopen merger evidence; Felder records lone dissent

The Montana Public Service Commission voted 4–1 on Sept. 8 to deny a motion by 350 Montana and the Montana Farmers Union to reopen the evidentiary record in the Northwestern Energy / Black Hills merger docket.

Staff attorney Pamela Snyder Barnes told commissioners that reopening under the applicable rules requires newly discovered evidence that is so material it would probably produce a different result, that it is not merely cumulative and that it could not have been discovered with reasonable diligence earlier. She summarized the proffered materials—press releases, an article, interconnection queue excerpts, DEQ emails and supplemental responses—and said staff recommended denial because the supplements were cumulative, would not likely change the result and would delay finality.

Commissioners debated the balance between finality and the desire for additional information. Vice President Felder said he would have liked another chance to reopen and asked staff to consider whether more questions remained; he recorded the lone dissent. The motion to deny the reopening was made and seconded and carried 4–1. The commission stressed that its denial does not strip the commission of future authority should new, materially different facts later arise.