Montana PSC prolongs climate petition comment deadline

Article Summary –

The Montana Public Service Commission will reopen public commentary on a petition requesting the integration of climate impacts in the commission’s regulatory work. The petition, submitted by 41 businesses and nonprofits, asks regulators to adopt a framework that takes climate impacts into account when overseeing monopoly power companies. The comment period is until July 1, and the commission will also probe into the mechanics of implementing the social costs of greenhouse gas emissions, a framework used by the U.S. Environmental Protection Agency.


Montana Public Service Commission Reopens Climate Impact Comments

The Montana Public Service Commission has reopened public comment on a petition seeking to incorporate climate impacts into its regulatory work until July 1. This petition urges regulators to consider climate impacts while overseeing monopoly power companies.

The Commission will further investigate the implementation of the social costs of greenhouse gas emissions, a system used by the U.S. Environmental Protection Agency. This framework evaluates the social benefits of reducing emissions and the cost of increasing them. To understand the impact of the proposed rules, the PSC staff has compiled approximately 20 questions to ask the petitioners.

The petition was filed by 41 businesses and nonprofit organizations seven months after a state judge ruled in the Held v. Montana youth climate lawsuit that climate is part of the environment and therefore protected by Montana’s Constitution. Petitioners include businesses such as Bridger Bowl Ski Area, Parks’ Fly Shop in Gardiner, and nonprofits like Montana Environmental Information Center and Families for a Livable Climate.

Proponents of the petition urged the state’s elected utility board to consider the harm caused by greenhouse gas-emitting power plants in its regulation of monopoly utility companies like NorthWestern Energy and Montana Dakota Utilities. They referenced the Held v. Montana ruling, the commission’s directive to act in the public interest, and the impacts of climate change on their livelihoods and recreational heritage during their comments.

However, opponents, including NorthWestern Energy, the Montana Chamber of Commerce, and the CO2 Coalition, argued that considering climate impacts could make electricity more expensive and less reliable for Montana’s utility companies. Others, such as the AFL-CIO, a workers’ union, were not debating climate change, but questioned what the petition implies for workers reliant on high-paying fossil fuel jobs.

PSC President James Brown stated that he has questions about how the rules proposed by the petitioners would impact the Commission’s work in practice. District 5 Commissioner Ann “Annie” Bukacek of Kalispell viewed the petition as an effort to grant the Commission authority that belongs to the Montana Legislature and called for a denial of the petition. But, District 2 Commissioner Tony O’Donnell of Billings felt that Montanans’ constitutional right to participate in government necessitates a closer examination of the proposed rulemaking.

The PSC staff will seek more information on a variety of questions related to the rulemaking petition, such as whether the social costs of greenhouse gas emissions should be considered during the “ratemaking” proceedings. They also intend to explore whether a similar framework should be used in the regulation of natural gas service.

Public comments can be submitted in person or by mail to the Public Service Commission at its office in Helena, by email to pschelp@mt.gov, or via the commission’s automated document management system, REDDI. Instructions for submitting comments via REDDI are available at psc.mt.gov/reddi-help.


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