PSC rejects 350 Montana's emergency motions in Northwestern/Black Hills merger, 3-2

The Montana Public Service Commission on April 14 denied two motions filed by intervenor 350 Montana seeking an indefinite stay of the procedural schedule and dismissal or vacatur of the schedule in the Northwestern Energy/Black Hills Corporation merger docket, voting 3-2.

Staff attorney Pamela Snyder Barnes reviewed the docket's procedural history, noting six protective orders and the production of confidential materials on March 4, 2026 to parties that signed nondisclosure agreements. Barnes told the commission that interveners had opportunities to review confidential materials, file expert testimony and conduct discovery under amended procedural orders and that 350 Montana's arguments—that the record was changed and that the confidential production was late—were not persuasive given the discovery process and protective orders. "In sum, staff is denying or recommending that the commission deny both the motion to stay and the motion to dismiss," Barnes said.

Commissioner Bukacek moved to adopt staff's draft order denying 350 Montana's emergency motion and the motion to dismiss; the motion was seconded and became the central topic of protracted debate. Commissioner Molnar proposed a substitute motion to suspend the procedural schedule for one month and extend the schedule to 14 months from the original filing date, arguing the volume of confidential documents and compressed deadlines raised due-process concerns and that commissioners needed more time to digest thousands of pages of materials. Molnar said he feared the commission could be vulnerable to legal challenge if it proceeded without full review and asked for a longer timetable used in prior large dockets.

Vice President Felder and other commissioners described Molnar's proposal as a potential delay tactic, saying staff had provided extended deadlines and that 11 of the 12 interveners had been able to review materials and file testimony; Felder said he wanted to proceed to the evidentiary hearing as scheduled to allow cross-examination and development of the record. Commissioners also discussed whether the contested material included data-center issues and how broadly the commission should address them within the merger docket.

The substitute motion to suspend and extend the schedule failed. The commission then voted on the original motion to adopt the draft order denying 350 Montana's motions; it passed 3-2, with Commissioners Molnar and Pinochet recorded in dissent. The evidentiary hearing remains scheduled to begin in about four weeks, according to staff and commissioners, and parties will have the opportunity to present testimony and cross-examine witnesses at that hearing.