Fergus County commissioners vote to send PSC letter seeking protections for ratepayers amid data-center interest

Fergus County commissioners voted to send a letter to the Montana Public Service Commission asking the state regulator to adopt protections for local ratepayers and to CC the legislative Consumer Counsel after extended public comment and commissioner discussion.

Commissioner Travis, who moved the action, said the county’s request centers on four specific protections: establishing a separate rate class or tariff for very large electric loads, ensuring written binding protections to prevent boom-bust and stranded-costs from being shifted to existing taxpayers, safeguarding service reliability for current customers and insisting on a transparent process so the public understands costs and impacts. The county will CC the Consumer Counsel on the letter.

Public commenters urged caution. Andrea P., a resident who spoke during the public-comment portion, said she worried about land use and the potential scale of new energy infrastructure near Broadview: "I'm very concerned about the amount of property they either own or lease in near Broadview," she said, and warned that developers might cover large acreage with windmills or solar panels that could remove productive agricultural land from use.

Mike Tier, a local resident who described himself as new to the county process, urged the board to amplify community concerns because large projects "move forward very quickly and very quietly," and he noted recent actions elsewhere: "Looking nationally, we're seeing state and local governments across the US starting to move very quickly with a wave of regulatory actions targeting data centers," he said, citing Maine's recent temporary moratorium on new facilities above a 20-megawatt threshold.

Representative Shane Clacken, who represents House District 37, told commissioners the legislature and other local governments are already debating related issues and urged careful, enforceable rules. "AI is here," he said, arguing that some projects the county is discussing are "hyperscale" facilities that demand very large amounts of power and often must bring their own generation.

Commissioners and commenters also discussed other regulatory touch points, including potential water impacts and whether DEQ or other state agencies have appropriate oversight. A county speaker explained some aspects (zoning and land-use authority) are limited at the county level and that the county is exploring research and possible future zoning approaches.

The board approved the motion with an amendment to CC the Consumer Counsel. According to the commissioners, county staff will draft the letter and share it with the group that requested the letter; a county representative invited commenters to review the draft before it is sent.