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Legals for December, 29 2020

Daily Inter-Lake | UPDATED 4 years AGO
| December 28, 2020 11:00 PM

No. 27453 Service Date: December 24, 2020 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA IN THE MATTER OF NorthWestern Energy's Application for Automatic Rate Adjustment and Tracking for Taxes and Fees REGULATORY DIVISION DOCKET NO. 2020.11.112 NOTICE OF APPLICATION, INTERVENTION DEADLINE, PROCEDURAL SCHEDULE AND PUBLIC HEARING On December 15, 2020, NorthWestern Energy ("NorthWestern") filed its Application for Automatic Rate Adjustment and Tracking for Taxes and Fees ("Application"), reflecting changes in its state and local property taxes, with the Montana Public Service Commission ("Commission"). Not included in the Application was certain tax information required by Mont. Admin. R. 38.5.807, because the Commission had not yet ruled on the Motion for a Protective Order NorthWestern filed on November 23, 2020. NorthWestern proposes tax tracker increases of $2,092,054 for its electric utility service and $868,318 for its natural gas utility service. NorthWestern is permitted to automatically track and adjust its "Montana state and local taxes and fees, except state income tax, paid by the public utility." Mont. Code Ann. § 69-3-308(2) (2019). These taxes and fees are recovered directly from its Montana jurisdictional customer base. If the Commission determines that the proposed rates are in error, it may, "within 45 days of receipt of the revised rate schedule, ask for comment and order the public utility to address any errors or omissions." Id. The Commission is required to afford reasonable opportunity for citizen participation prior to the final decision by the agency, including rate changes pursuant to a tax tracker application. Art. II sec. 8, Montana Constitution. The Montana Consumer Counsel ("MCC") is the constitutionally established agency with the duty to represent ratepayers in front of the Commission. Therefore, the Commission issues this notice to provide notice and opportunity for the public to review and comment on the Application. Subject to any adjustments, the proposed rates "must automatically go into effect on January 1" on an interim basis. Mont. Code Ann. § 69-3-308(2)(b). If the Commission does not issue an order within 45 days-in this instance by January 29, 2021-the rates are considered approved. Id. § 69-3-308(2)(c). A copy of the filing is publicly available online at the Commission's website (http://psc.mt.gov) under Docket No. 2020.11.112. On March 20, 2020, the Commission issued a Notice of Operational Changes in Response to Coronavirus ("Notice"). Under the "Office Closed to Public" section of the Notice, the Commission outlined a temporary change for office closure during business hours. A copy of the filing is not currently available at the Commission's business office. A copy of the filing may also be available at the office of Montana Consumer Counsel ("MCC"), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. MCC should be contacted to inquire of any operational changes due to coronavirus. Interested parties can register on the Commission's website to be added to the Watch List for notice of filings in this docket (select "EDDI", create ePass account, and, under "Watch List" tab, enter Docket No. 2020.11.112). A person directly affected by the Tax Tracker that desires to be a party to this proceeding must petition to intervene no later than December 31, 2020. In order to afford due process: (1) data requests may be issued no later than January 6, 2020; (2) NorthWestern must respond to data requests within five business days of service (excluding state recognized holidays) or by January 11, 2021, whichever is earlier; (3) parties wishing to submit comments or request a hearing must do so no later than January 18, 2021; and (4) the Commission may hold a public hearing, if requested by an intervenor or upon its own action, at the Commission's offices. The hearing date will be confirmed at a later date, but if held, will likely occur January 25, 2021. Parties may jointly waive a formal proceeding in writing. Mont. Code Ann. § 2-4-603(2). The Commission invites parties directly affected by the Application to intervene. To intervene, a party must submit an electronic petition to the Commission's website at http://psc.mt.gov ("EDDI, Customer Portal & E-Filing" icon). Under the "Electronic Filings" section of the Notice, the Commission outlined a temporary change in its policy. All filings must be made in EDDI and hard copies are not required. A party seeking intervention must also mail a hard copy of the petition to MCC at the address stated above, and to NorthWestern's Attorney, Clark R. Hensley, NorthWestern Energy, 208 N. Montana Ave., Suite 205, Helena, MT 59601. The Commission also invites interested parties who do not wish to formally intervene to submit public comments on the matter to the Commission address stated above, or through the Commission's website at http://psc.mt.gov ("Comment on a Proceeding" under "Documents & Proceedings Tab", "Continue as Guest", complete form, "Submit"); or by email at psc_utilitycomment@mt.gov. The Commission's jurisdiction over this matter is provided at Title 69 and Title 2, Chapter 4 of the Montana Code Annotated, and Title 38, Chapters 2 and 5 of the Montana Administrative Rules, and any prior orders of the PSC which may bear on the issues presented. DONE AND DATED this 24th day of December, 2020, by delegation to Commission staff. BY THE MONTANA PUBLIC SERVICE COMMISSION BOB LAKE, Chairman BRAD JOHNSON, Vice Chairman ROGER KOOPMAN, Commissioner TONY O'DONNELL, Commissioner RANDALL PINOCCI, Commissioner December 29, 2020 MNAXLP __________________________

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