[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6097484,"mediaKeyId","2828084-018d8aa9f30e3d096e30e422234d9450","parentId",2828084,"title","Montana committee hears wide debate on bill to limit PSC authority over large electric customers","audioSeconds",3594,"startMs",189000,"endMs",3783000,"viewUrl","/Search/View?dp=1&key=2828084-018d8aa9f30e3d096e30e422234d9450&start=189&end=3783","thumbnailUrl","https://assets.pipeline.soar.com/2828084-018d8aa9f30e3d096e30e422234d9450/thumbnail_189000.jpg","articleUrl","/articles/6097484/Montana/Montana-committee-hears-wide-debate-on-bill-to-limit-PSC-authority-over-large-electric-customers","mediaUrl","https://secure.pipeline.soar.com/6097484-b2a2b126730a182484ddffb961d85de4/orig.mp4?Expires=1770978437&Signature=GdnfIqUws34dZPTtdSZSdfK7qhPdkvNK5cmeuMBdvHpsYDs4jN~CtLiLAG7ewZ0c52f6~gJkmd1wwkIsNKBl2c2LL~QKLkA5eXPhGB9C6UKEMbuLezkEHLHygdgtDpTPYHRSgaI2EtrXV~IFzCfJb3Vvm4sc5haIJs5kBz3wqfpm0JZHICzjQ9J7IlVdcg3l09r8glnwkZpmAA70pkgYOkRtCND3YdbrkKYBIqPS3qC0gGAeYDRzjOfk-7Tp~OLVyMW7i4F37AlSWfsvZyCBFko3Gq~95aH2FPbu8AumAVFz1PusGiOm9IOzXKrzdXa5WteSp8b6Xu47iXXOBn1vrg__&Key-Pair-Id=KUT5TJCACFTXG","author","Montana State Legislature","date","2025-03-31T00:00:00Z","article","Representative John Fitzpatrick opened the House Energy, Technology and Federal Relations Committee hearing on HB 877 by saying the bill “simply says no” to the Public Service Commission (PSC) having authority to prevent a regulated utility from serving a new large customer.

The bill, presented as the Montana Data Center and Industrial Development Act, would clarify that the PSC cannot prohibit a public utility from providing service to large customers and would reaffirm the PSC’s role in setting rates and tariffs for those customers. The sponsor said the measure is meant to promote economic development while leaving rate-setting authority with the PSC.

Why it matters: committee members heard that the proposal affects who can take large industrial loads and how the costs of integrating those loads would be allocated. Supporters said the measure would let Montana utilities pursue industrial and data‑center investment; opponents said it risks shifting significant costs and reliability risk to residential and small commercial customers.

Opponents included Sarah Clerget, representing Talon Energy and a large‑customer coalition, who described the group as “soft opponents” and urged amendments. Clerget said current law recognizes customers who chose “choice” status in 2007 and warned the bill as drafted would force those choice customers and their successors into fully bundled regulation, harming existing supply contracts and raising costs for large customers.

Brad Molnar, president of the Montana Public Service Commission, warned that removing PSC discretion to block service could leave residential customers bearing new costs if utilities take on very large industrial loads. Molnar cited the January 2024 winter event when Montana faced severe shortfalls and said adding very large, baseload industrial loads could require multibillion‑dollar generation or transmission investments that ultimately fall on ratepayers.

Anne Hedges of the Montana Environmental Information Center said the PSC already has a crucial ability under existing law to ensure new large customers won’t adversely affect other customers, and she cited a Harvard study and regional examples showing data centers can shift costs onto existing utility customers if protections are not written tightly.

Proponents included Alan Olson, director of government affairs for Northwestern Energy, who said the measure is about economic development and that utilities need certainty to pursue generation and service arrangements. Todd O’Hare of the Montana Chamber of Commerce said energy availability is “the single issue” businesses raise across the state and argued Montana should enable new investment.

Committee discussion focused on the 5‑megawatt threshold for “choice” customers, the PSC’s remaining authority to set tariffs and rate‑making consequences, whether new industrial loads would be interruptible, and how to prevent stranded costs for existing customers. PSC staffer Trevor Graf said the bill “clearly states” the commission would be prohibited from examining some contracts in the same way as before, which raises concerns about where ancillary costs would be reviewed.

The committee later took executive action and voted to table HB 877. The tabling motion passed on a roll call (tally recorded in committee: 8 ayes, 6 noes), sending the bill out of active consideration at this meeting.

Votes at a glance: HB 877 was tabled in committee (motion to table passed 8–6).","mediaType","Video","parentTitle","House Energy, Technology, and Federal Relations - Mar 31, 2025","oneSentenceSummary","Representative John Fitzpatrick opened the House Energy, Technology and Federal Relations Committee hearing on HB 877 by saying the bill “simply says no” to the Public Service Commission (PSC) having authority to prevent a regulated utility from serving a new large customer.","taxTitle","2025 Legislature MT, Montana","taxId",77694,"location","Montana","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6097475,"House committee advances wind setback bill after mixed testimony on safety and local control",957,5831000,6788000,"/Search/View?dp=1&key=2828084-018d8aa9f30e3d096e30e422234d9450&start=5831&end=6788","https://assets.pipeline.soar.com/2828084-018d8aa9f30e3d096e30e422234d9450/thumbnail_5831000.jpg","/articles/6097475/Montana/House-committee-advances-wind-setback-bill-after-mixed-testimony-on-safety-and-local-control","https://secure.pipeline.soar.com/6097475-a98a79fcec78d67442154261d3a672f0/orig.mp4?Expires=1770978437&Signature=iSPScf7t19M7xe4KYAomjgRLTW7Nbcz9aKGVvk-qlnUkZcbJZOpNOZS1d-WINQaulxRvgBGn8eVuXQFEvAGKtcpmKLt4V3fM~R15at0G3Gcie0T5e4fKEu7sXDMpEZItnjCpwvUzMB-lUfTACM0VnG8Z5Rqbw52vMCiRfbKiOAHxQpzy4U98G2VCmQ5DSBM0WWrLltuA906STbCUqUcvfGnXtVT24p~x7MBZUobsb1i-SDyLYP4NRGT11PA~Xp0m9W6knnWNg8VW8keJTv-zLtdQ7MC9uann9YoHaXdx8GGFAoFFperr6NSi5MBCbVXrvIq6HVSFO2ObU1uT5GNbeA__&Key-Pair-Id=KUT5TJCACFTXG","Representative Katie Zolnikov introduced HB 939 as a wind‑siting measure that sets a 500‑foot maximum turbine tower height and a 1,500‑foot default setback from occupied residences unless the property owner agrees to a different distance. The bill also includes a de‑icing provision limiting rotor speed during de‑icing to 10% of a turbine’s maximum rotor speed within a 2,500‑foot radius in a specified process, and a $100 filing fee and micro‑siting map requirement for DEQ.

Sponsor Zolnikov said the bill responded to local outreach failures by a developer and was intended as a compromise that protects neighbors while remaining feasible for developers; she said landowners who sign energy agreements can approve a closer setback for turbines on their land.

Renewable Northwest (Bruce Spencer) and the Montana Renewable Energy Association (Makenna Sellers) opposed the bill in its current form, arguing the setback and de‑icing numbers did not appear to be evidence‑based, would preempt local control, and that some map and filing timelines (micro‑site maps within 30 days) are unrealistic. Renewable Northwest noted there is no record of a member of the public being struck by ice from a turbine in the U.S., and questioned the technical basis for the de‑icing speed number.

Puget Sound Energy said it was still reviewing the draft for technical impacts and would work with the sponsor. The Montana Environmental Information Center offered “soft opposition” while urging the bill move forward so it can be improved in later committees.

Committee members asked about whether the bill bans turbines above 500 feet outright (the sponsor said the intention is to set 500 feet as the maximum tower height) and about applicability to all projects under the referenced wind energy agreement statute. The sponsor said she would continue to work with stakeholders and expected the Senate energy committee chair (same surname) would help refine the bill.

On executive action the committee voted to pass HB 939 to the House floor. The roll call on committee passage was recorded as 13 ayes and 1 no.","HB 939 would set a 500‑foot maximum turbine height and require a 1,500‑foot setback from occupied residences unless the landowner agrees; it also contains a de‑icing rotor‑speed provision. Sponsors call it a compromise for siting certainty; renewable groups urged evidence‑based standards and local control.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6097480,"Committee debates bill letting utilities form separate merchant affiliates; concerns about ring‑fencing persist",1973,3811000,5784000,"/Search/View?dp=1&key=2828084-018d8aa9f30e3d096e30e422234d9450&start=3811&end=5784","https://assets.pipeline.soar.com/2828084-018d8aa9f30e3d096e30e422234d9450/thumbnail_3811000.jpg","/articles/6097480/Montana/Committee-debates-bill-letting-utilities-form-separate-merchant-affiliates-concerns-about-ringfencing-persist","https://secure.pipeline.soar.com/6097480-4d0060f15d6ac835af904e33cd3eec5b/orig.mp4?Expires=1770978437&Signature=ZtPq3gxIDViq-wf8yBAkTjsCvygn8k90bii-ZBNh1~WM0D4ULgPuoVY3zULnzLu25SZgp98NdkocdLst7GnG6y4rAciyoXY1-62O~OcTsgQCM5L44BvyxeILfXKpPGTat7lHFqqkzer9AZrWosaB6zcskz7s1~Z0ZTi5j1Xyy7UcO1nxSdCsa2xWMJvUhFJkGOiE1FKC1kitxv8TLIT0gKrFZudrRy~HN9Pi0krlHgtzIK1Fhp2GlLnn6psL6cmpIRkzRH2lA6H31RqZ4LEce1x1wSTX6Dglbz0XxQ-dcXVdwqhj~RWdckIzy2o0EGZotDhT1WllHyyj27BL4c8q5g__&Key-Pair-Id=KUT5TJCACFTXG","Representative John Fitzpatrick told the committee HB 911 would permit a public utility to establish a legally separate, nonregulated company to sell electricity to large industrial customers while imposing a statutory “ring fence” to prevent commingling of finances.

Supporters said the measure would allow utilities to pursue merchant activity and attract generation investment without exposing regulated customers to merchant risk. Representative Fitzpatrick and witnesses argued federal law and the bill’s ring‑fence language will prevent utility assets from being pledged to merchant business debt.

Opponents worried that the statutory protections and the speed of the proposal are insufficient. Sarah Clerget, representing large customers, said her group is a “soft opponent” and asked for amendments guaranteeing the PSC’s rule‑making role, limits on affiliate competition, and explicit compliance with federal interconnection and pricing rules.

Brad Molnar, president of the Montana Public Service Commission, reiterated uncertainty about whether statutory language would prevent long‑term financial exposure for regulated customers and cited past deregulation‑era failures (bankruptcies and asset pledges) as a cautionary example.

Witnesses urging passage included Alan Olson of Northwestern Energy, who described existing federal “firewall” requirements and said the bill would allow shareholder (not ratepayer) funds to be invested in merchant ventures. Todd O’Hare of the Montana Chamber of Commerce said increased generation investment benefits statewide economic growth.

Committee members asked for and received an amendment that: (1) broadened the definition of covered generation beyond electric generation language in the original draft, (2) lowered a size threshold in one place from 20 megawatts to 5 megawatts, and (3) added language that the separate entity must not utilize the utility’s transmission facilities except as permitted by federal law. The committee adopted the amendment on a roll call.

On executive action, the committee voted to pass the amended bill to the House floor. The roll‑call on final passage in committee was recorded as 8 ayes and 6 noes; the clerk’s roll call names were recorded in committee minutes. HB 911 advanced to the House for further consideration.","HB 911 would let public utilities create legally separate merchant entities to sell power to large industrial customers, with statutory ring‑fencing provisions. Proponents argued it unlocks investment; opponents warned the safeguards and timing are insufficient.","actionData","errors"]

Article not found

Montana committee hears wide debate on bill to limit PSC authority over large electric customers

House committee advances wind setback bill after mixed testimony on safety and local control

Committee debates bill letting utilities form separate merchant affiliates; concerns about ring‑fencing persist