PSC orders partial redactions, denies sanctions in Northwestern Energy merger filings

The Montana Public Service Commission on Sept. 8 adopted a draft order granting in part a joint applicants' request for further redactions and denying the joint applicants’ motion for sanctions related to alleged disclosures of confidential material in the Northwestern Energy / Black Hills merger docket.

Staff attorney Pamela Snyder Barnes explained the commission had issued multiple protective orders in the merger docket to protect confidential tax, commercial and transmission information. She told commissioners that "once the commission issues a protective order, disclosure of the information protected under it is prohibited" and described the narrow circumstances under which confidentiality may be lifted. Staff recommended granting further redactions for certain categories of location and cost information but denying redaction for limited public statements (for example, where a witness publicly used the words "administrative" and "cutting").

Vice President Felder moved to adopt staff's recommendation to grant in part and deny in part the motion for further redactions and to deny the motion for sanctions. The motion was seconded and passed unanimously. The orders require additional redactions of some confidential items while declining to impose sanctions on counsel; staff said the joint applicants may confer with opposing counsel and, if warranted after conferring, could refile for sanctions.