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Montana PSC unanimously denies Northwestern Energy's IRP waiver requests
Summary
The Montana Public Service Commission voted 5-0 on April 14 to deny Northwestern Energy's requests to waive parts of its integrated resource plan reporting rules, with staff arguing one waiver is precluded by statute and the other lacks good cause.
The Montana Public Service Commission voted unanimously April 14 to deny Northwestern Energy's motions to waive certain integrated resource plan (IRP) reporting rules.
Staff attorney Theresa Omens told commissioners that Northwestern asked to waive Administrative Rule 38.5.0.20221(e), which requires a description and graphical presentation of daily and seasonal electric demand and energy for major rate classes, and 38.5.0.20221(f)(3), which requires historical annual information on demand and energy savings. "The rule can be waived for good cause," Omens said in explaining the legal standard, but staff concluded that one waiver is precluded by statute and that Northwestern has not shown good cause for the other waiver because it had multiple years to collect and develop systems to analyze the data.
Omens and rate analyst Haley Gobert cited Montana statute 69-3-12093(b) (as referenced in staff materials) in saying the IRP must include peak demand and energy-saving impacts and that staff therefore recommends the commission deny both waiver motions. Gobert summarized staff's view that Northwestern participated in the 2022 rulemaking that produced the current requirements and has been on notice of the submission expectations since February 2023.
Commissioners pressed staff about the practical consequences of denying the waivers. Commissioner Bukacek asked whether a deficient IRP would trigger a timeline for resubmission; staff answered that, like a rate-case, a deficient filing would be deemed incomplete, the commission would set a reasonable timeline for compliance, and under House Bill 55 the commission would then have 120 days to complete its review once a complete filing is received. Bukacek also highlighted staff's finding that Northwestern reported its advanced metering infrastructure (AMI) had accumulated roughly 60,200,000,000 records as of Oct. 17, 2025, and that the system was processing about 22,600,000 records per day, meaning a full year's worth of AMI analysis would be available around October 2026.
Vice President Felder asked whether the utility could provide partial data or request a narrower waiver; staff said Northwestern had asked for a complete waiver but could submit a partial request and the commission could evaluate it at that time. Commissioners discussed whether Northwestern could use a recent four-month sample and extrapolate if necessary; staff said sampling and extrapolation were possible options the commission could permit when setting a timeline.
Commissioner Panucci moved to approve the draft order denying Northwestern's waiver motions and to authorize staff to make nonsubstantive edits; the motion was seconded and passed unanimously. The denial means Northwestern must provide the information required by the rules or risk the IRP being deemed deficient; the commission may set a schedule for Northwestern to cure any deficiencies once a complete filing is submitted.
