Montana PSC denies motions to compel in Northwestern/Black Hills merger docket after split vote

The Montana Public Service Commission voted 3–2 on March 31 to deny motions to compel and requests for sanctions from Montana Farmers Union and 350 Montana in the joint Northwestern Energy/Black Hills Corporation merger docket (Docket No. 2025.10.078).

Pamela Snyder Barnes, a commission staff presenter, told commissioners staff recommends denying the motions because the interveners’ requests seek “everything the joint applicants have ever done or considered with respect to data centers,” which would transform the merger docket into a general inquiry about data centers rather than a focused merger review. She said some data‑center information has been produced in the docket under a protective order, and that other open or imminent dockets — including a resource adequacy investigation (Docket No. 2022.09.087) and a large‑load tariff filing Northwestern has indicated it will file — are the appropriate venues to develop those issues.

Commissioner Zachary Molnar (Molnar) argued for a broader discovery approach, saying the commission is “better to get the information and not need it” and warning that too‑narrow discovery could leave the commission vulnerable to judicial reversal. Molnar moved for an alternative order to compel fuller answers to discovery and to deny sanctions; that substitute motion failed 2–3, with Molnar and Commissioner Pinochet supporting it and President Welborn, Commissioner Bukacek, and Vice President Jennifer Fielder opposing it.

Chief legal counsel Amanda explained parties bear the burden to establish the evidentiary record in a contested case but noted the commission may take administrative notice of matters filed in other dockets if documented and relevant and if the parties are given appropriate notice prior to decision.

President Welborn moved the main motion to adopt the staff draft orders denying the motions to compel and for sanctions and to authorize staff to make non‑substantive edits; the motion passed 3–2. Commissioners Molnar and Pinochet dissented. The commission noted that discovery and evidentiary hearings will continue, and that the ultimate merger decision will follow when the evidentiary record is complete.

Votes at a glance

- Motion: Approve draft orders denying Montana Farmers Union and 350 Montana’s motions to compel and requests for sanctions, and authorize staff to make non‑substantive edits. Mover: President Welborn. Second: Vice President Jennifer Fielder. Outcome: Approved, 3–2 (Yeas: Welborn, Bukacek, Jennifer Fielder; Nays: Molnar, Pinochet).

- Substitute motion: Compel the joint applicants to fully answer all discovery requests and deny sanctions. Mover: Commissioner Molnar. Second: Commissioner Pinochet. Outcome: Failed, 2–3 (Yeas: Molnar, Pinochet; Nays: Welborn, Bukacek, Jennifer Fielder).

Why it matters

Commissioners debated where questions about data centers — including letters of intent and large‑load service arrangements — should be resolved. Staff’s position, adopted by the majority, is that allowing overly broad discovery here would convert a merger review into a sprawling inquiry better pursued in dockets designed to address data‑center service, capacity, and large‑load tariff issues. The minority view favored broader discovery now to ensure the commission has potentially decisive information before the merger hearing.

What’s next

The commission said the merger application will be resolved after discovery is complete and all evidence is presented at hearing. Commissioners noted the commission can administratively notice material from other dockets if handled according to procedure. The meeting adjourned; the commission’s next regular session is April 7, 2026.