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NorthWestern Energy tries to exclude climate change witness as ‘expert' in rate case
NorthWestern Energy tries to exclude climate change witness as ‘expert' in rate case

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time4 days ago

  • Business
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NorthWestern Energy tries to exclude climate change witness as ‘expert' in rate case

The Laurel Generation Station power plant in Laurel Montana as seen in September 2023. (Aerial photography by Ed Saunders) NorthWestern Energy, the state's largest public utility, tried to stop an energy engineer who planned to testify about climate change from participating in a rate case as an expert witness. It also attempted to curtail testimony based on an Intergovernmental Panel on Climate Change report. The monopoly utility argued some of the testimony was an attempt to introduce 'inadmissible hearsay and exhibits,' such as the IPCC report. The IPCC is an international United Nations body set up to assess science related to climate with 195 members. The utility also said the energy engineer sought to offer 'improper legal opinions as a nonlawyer' and requested the Montana Public Service Commission strike that testimony. On a 3-2 vote Tuesday, the Montana Public Service Commission supported a staff recommendation to allow the engineer, with the Montana Environmental Information Center, to testify as an expert witness. But the PSC agreed he could not offer legal conclusions, as also recommended in the draft order from staff. A minority on the commission tried to block expert testimony from the witness. The order to allow the engineer to testify as an expert happened when PSC President Brad Molnar urged the commission to avoid a double standard and treat the witness fairly. The PSC is all Republican, and Molnar said if the commission determined the MEIC witness wasn't an expert, a future commission with a different political makeup could use the same rationale to disqualify witnesses for NorthWestern Energy. He also said the commission will have the ability to test the engineer's testimony. 'If there is one golden nugget in there, either substantiated by cross examination or refuted by cross examination, it has been worthy of our time,' Molnar said. Molnar also said the argument to silence the engineer was not based in fact. 'What we have is a desire to stop one person from testifying because one other moving party (NorthWestern) in this soon-to-be drama doesn't want people to hear what he has to say,' Molnar said. 'And I can't go with that.' The dispute is one small debate in another rate case filed by NorthWestern Energy and already drawing scrutiny after a 2023 settlement the PSC approved that hiked electric bills nearly 28%. Montanans have been fighting about the effects of climate change in different political arenas, including at the utility regulatory agency. The witness whom NorthWestern tried to block, Nick Fitzmaurice of the Montana Environmental Information Center, said in written pre-filed testimony the utility has 'neglected to account' for risks that climate change poses to its operations and credit. 'Corporate analysts have specifically and repeatedly noted that 'climate change' creates multiple risks for NorthWestern Energy,' Fitzmaurice said in part of his testimony. 'Moody's identified climate change as posing multiple risks to NorthWestern Energy.' Attempts to cull and curate witness testimony in cases aren't new, but the debate this week shows the pending rate case as another battleground over the role played by climate change in energy costs. In an email to the Daily Montanan, NorthWestern spokesperson Jo Dee Black said the utility was not attempting to disallow information in the case. 'This motion was made not to limit an issue or topic but to ensure the professional standards for qualification as an expert witness were upheld,' Black said. 'NorthWestern did not have any issues with this witness testifying as a lay or fact witness.' However, Anne Hedges, with the Montana Environmental Information Center, said NorthWestern admits it doesn't employ any scientific expert on climate change itself. Hedges said it's disingenuous for the utility to try to bill customers for climate impacts such as wildfire yet try to stifle the person giving testimony about climate change. 'Not having testimony means the commission can't consider climate change at all, and that is exactly what they want,' Hedges said of NorthWestern. 'So good for Brad Molnar. Good for the commission.' In its motion, NorthWestern called on the PSC to strike 'irrelevant evidence' from Fitzmaurice, energy transition engineer for the MEIC. Fitzmaurice holds a bachelor's degree in industrial management systems engineering from Montana State University and has worked in energy policy and modeling, according to his MEIC biography. The utility tried to exclude his statements about its emissions and the economic impacts of climate change in Montana, and it tried to exclude testimony from Kyle Unruh of Renewable Northwest. NorthWestern also disputed Fitzmaurice as an expert witness — experts are allowed to rely on reports, or 'hearsay' not personally experienced, to explain their opinions. NorthWestern, though, said Fitzmaurice should only be allowed to testify as a 'lay witness' — meaning he could testify only from personal experience, which would exclude testimony based on an IPCC report. Witnesses in rate cases file written testimony in advance of hearings. At the meeting this week, PSC legal counsel Lucas Hamilton said staff found some of the testimony Fitzmaurice provided to be 'impermissible legal conclusions' more appropriately submitted later on in the case. However, Hamilton said staff recommended finding Fitzmaurice's testimony relevant, contrary to NorthWestern's motion, although he said its credibility would be up to the commission to determine. Before the PSC approved the recommended order from staff, Commissioner Annie Bukacek moved to disqualify Fitzmaurice, with support from Commissioner Jennifer Fielder. Bukacek said Fitzmaurice 'has not done enough actual work' in his field, and she had yet to meet an 'expert in climatology or energy policy' who didn't have a doctorate degree. 'Standards matter in any field that provides critical information, such as energy policy,' Bukacek said. In response to a question, however, Hamilton said without a point of reference from the parties, the standard for qualifying a person as 'an expert' within the field of energy policy is discretionary. In the meantime, he said, the Montana rules of evidence call for a liberal interpretation of who is an expert — and allow an expert's testimony to be scrutinized. PSC staff attorney Amanda Webster said if the PSC deemed Fitzmaurice a 'lay witness' as opposed to an expert, it would 'effectively preclude him' from testifying altogether. 'There wouldn't be much left of his testimony,' Webster said. The move to oust Fitzmaurice from the list of experts failed, with only Bukacek and Fielder in support. Commissioners Randy Pinocci and Jeff Welborn supported Molnar's move to adopt the draft order prepared by staff. Pinocci said he didn't want a disqualification by the PSC to lead to a costly lawsuit alleging the commission had drawn an improper conclusion about an expert. Unruh, with Renewable NorthWest, declined to comment beyond his written testimony. The order from the PSC denied NorthWestern's move to strike his remarks. Relying in part on an IPCC report, Unruh argues NorthWestern is putting Montana ratepayers at 'substantial economic risk' and 'regulatory risk' by ignoring the effects of greenhouse gas emissions. But Hedges, with the MEIC, said NorthWestern Energy has become more bullish, and the rate case is demonstrating 'their new aggressive position toward the commission and toward customers.'

NorthWestern Energy rates are out of control
NorthWestern Energy rates are out of control

Yahoo

time6 days ago

  • Business
  • Yahoo

NorthWestern Energy rates are out of control

Barb Emineth of Laurel speaks about NorthWestern's proposal to put a natural-gas power plant in that town. (Photo by Darrell Ehrlick of the Daily Montanan). Yikes. NorthWestern Energy has just outrageously imposed a 16.8% increase in electric rates for us captive customers without regulatory approval. This occurred before the June 9 hearing of the Public Service Commission where an 8.3% increase had originally been proposed. But, you may recall, NorthWestern received an increase of 28% a year-and-a-half ago. What is going on? Are we Montanans being unfairly exploited? To answer this question, let us examine incentives and responsibilities. NorthWestern Energy, a descendent of Montana Power, is a monopoly. With respect to the distribution of electricity and gas, it seems appropriate for only one energy corporation to be a provider. Otherwise, we might be beset by the chaotic mess of poles, wires, and pipes of competing companies. But with no competition, a monopoly can charge exorbitant fees, public welfare be damned. To protect the more than 400,000 customers of NorthWestern Energy from predatory charges, the publicly-elected members of the PSC are legally granted the authority to approve or disapprove utility rates and what are essentially profit margins ('return on equity' is the technical name, but corporate profits are what's truly at play). Hence NorthWestern, a large investor-owned corporation, has the incentive to increase profits while the PSC, a governmental agency, has the responsibility of protecting public welfare. Let's first examine who profits economically from the income NorthWestern is able to generate. The primary beneficiaries are corporate shareholders, most of whom do not live in Montana. The PSC has traditionally granted the utility profits of about 10% annually. What, 10%? Some large corporations, such as successful supermarket chains, are happy to receive a 1 to 3% yearly profit. Outsiders, rather than Montana citizens and our small businesses, are the beneficiaries of the current arrangement. (Large corporations and institutions are able to negotiate lower rates from NorthWestern.) Further beneficiaries of profits are the corporate executives, most of whom reside in Sioux Falls, the corporate headquarters. It must be great to be Brian Bird, the CEO of NorthWestern. He earns about $2400 per hour. NorthWestern might claim that his compensation is in line with other energy CEOs, but that seems more like an indictment of unjust wealth distribution than a valid argument for such compensation NorthWestern, with its army of lawyers, engineers, and public relations persons, seems like Goliath in relation to the PSC as David. To the PSC's credit, last year it applied a 7.24% decrease in the interim residential rates NorthWestern charged. But when the rates Montanans now pay are compared with the rates customers in other Western states pay, it is clear the PSC needs to do more to protect Montanans from outsourcing our wealth. For 800 kilowatts of power each month, Idaho Power charges customers $70. NorthWestern has charged $107, but with its imposed increase it will be $125. NorthWestern's incentive to increase profits for shareholders encourages it to engage in expensive projects of expansion with little regard for prudent spending or even proper approval. A new rate increase would pass on to us consumers the costs of building and operating the Laurel methane-fired plant, brazenly constructed even when violating zoning laws and without approval of the PSC. Its guaranteed profit means that NorthWestern ratepayers must cover all of the utility's expenses, even those spent on unwise and unapproved projects. We, not they, shoulder the risks. The PSC can restore balance by holding NorthWestern to reasonable standards with fair rates for everyday Montanans. The PSC will hold a public hearing in Helena on June 9 to discuss how to respond to Northwestern's requested rate increases. PSC members need to deny these unjust rate hikes and thereby reduce NorthWestern's exorbitant 10.8% return on equity (profit). Granting an increase in rates legitimates NorthWestern's arrogant and risky actions that benefit shareholders but further stress local families and small businesses. Ratepayers and the PSC must stand up to this out-of-control monopoly. Walt Gulick is a Montana State University Billings professor emeritus, NorthWestern Energy ratepayer, and Northern Plains Resource Council member.

NorthWestern Energy backs long-term EPS growth guidance of 4%-6%
NorthWestern Energy backs long-term EPS growth guidance of 4%-6%

Yahoo

time02-05-2025

  • Business
  • Yahoo

NorthWestern Energy backs long-term EPS growth guidance of 4%-6%

The company said, 'We are affirming our long-term (five-year) diluted earnings per share growth guidance of 4% to 6%, based on an updated 2024 adjusted diluted non-GAAP EPS baseline of $3.40. Additionally, we are affirming our $2.7 billion capital investment plan for 2025-2029, which is expected to support rate base growth of 4% to 6% from an updated 2024 base year of approximately $5.4 billion. We plan to fund this capital program through a combination of cash from operations and secured debt issuances. Any incremental investments in generation, transmission, or other strategic growth opportunities may require equity financing.' Discover companies with rock-solid fundamentals in TipRanks' Smart Value Newsletter. Receive undervalued stocks, resilient to market uncertainty, delivered straight to your inbox. Published first on TheFly – the ultimate source for real-time, market-moving breaking financial news. Try Now>> See Insiders' Hot Stocks on TipRanks >> Read More on NWE: Disclaimer & DisclosureReport an Issue Is NWE a Buy, Before Earnings? NorthWestern Energy price target raised to $59 from $56 at Barclays Positive Revenue Outlook for NorthWestern Energy Following Favorable Settlements in Rate Cases NorthWestern Energy announces settlement agreements in Montana NorthWestern Energy price target raised to $62 from $60 at Wells Fargo Sign in to access your portfolio

NorthWestern to Host First Quarter 2025 Financial Results Webinar
NorthWestern to Host First Quarter 2025 Financial Results Webinar

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time03-04-2025

  • Business
  • Yahoo

NorthWestern to Host First Quarter 2025 Financial Results Webinar

BUTTE, Mont. & SIOUX FALLS, S.D., April 03, 2025--(BUSINESS WIRE)--NorthWestern Energy Group, Inc. d/b/a NorthWestern Energy (Nasdaq: NWE) today announced that it will host an investor webinar on Wednesday, April 30, 2025, at 3:30 p.m. Eastern to review its financial results for the quarter ending March 31, 2025. The Company also plans to issue a news release detailing its financial results the evening of Tuesday, April 29, 2025. To register for the webinar, please visit Registration is recommended at least 10 minutes in advance of the event, and an archived replay will be available following the event. Notice of Virtual Annual Shareholders Meeting The virtual Annual Shareholders Meeting will be held on Wednesday, April 30, 2025, at 11:00 a.m. Eastern. A virtual Annual Meeting enables our shareholders — regardless of size, resources, or physical location — to participate in the meeting at no cost. We are committed to ensuring that shareholders will be afforded the same rights and opportunities to participate at our virtual meeting as they would in person. The Annual Meeting will be webcast live and can be accessed by visiting To participate in the meeting, please go to the site at least 15 minutes in advance of the meeting and follow the check-in procedures. NorthWestern Energy - Delivering a Bright Future NorthWestern Energy provides essential energy infrastructure and valuable services that enrich lives and empower communities while serving as long-term partners to our customers and communities. We work to deliver safe, reliable, and innovative energy solutions that create value for customers, communities, employees, and investors. We do this by providing low-cost and reliable service performed by highly-adaptable and skilled employees. We provide electricity and / or natural gas to approximately 787,000 customers in Montana, South Dakota, Nebraska, and Yellowstone National Park. Our operations in Montana and Yellowstone National Park are conducted through our subsidiary, NorthWestern Corporation, and our operations in South Dakota and Nebraska are conducted through our subsidiary, NorthWestern Energy Public Service Corporation. We have provided service in South Dakota and Nebraska since 1923 and in Montana since 2002. View source version on Contacts Investor Relations Contact: Travis Meyer(605) Media Contact: Jo Dee Black(866) Sign in to access your portfolio

Montana Legislators offer utilities looser liability laws in exchange for increased wildfire mitigation strategies
Montana Legislators offer utilities looser liability laws in exchange for increased wildfire mitigation strategies

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time07-03-2025

  • Politics
  • Yahoo

Montana Legislators offer utilities looser liability laws in exchange for increased wildfire mitigation strategies

Mar. 7—The Montana House has unanimously passed legislation to enforce stricter wildfire mitigation standards and reduce liability for utility companies and cooperatives. House Bill 490 requires all electric utilities to prepare and follow a wildfire mitigation plan detailing the company's strategies for inspecting and updating electric facilities and maintaining vegetation in utility rights-of-way. Utility companies that "substantially followed" an approved wildfire mitigation plan may not be found civilly liable for damages resulting from a wildfire. "The main purpose of this bill is for electric co-ops and public utilities to demonstrate their commitment to reducing fire risk by requiring fire mitigation plans," said the bill's sponsor, Rep. Amy Regier, R-Kalispell. Regier introduced HB 490 after victims of the Eaton Fire filed upwards of 40 lawsuits against Southern California Edison, alleging that sparks from the utility company's transmission lines ignited the blaze. Regier referenced California's unique strict liability laws in her opening remarks on the bill, arguing that the policy has caused "bankruptcy, layoffs and skyrocketing utility rates." "We need to prevent this from occurring in Montana. Electric co-ops and public utilities have an obligation to serve Montana homeowners, landowners and businesses" said Regier. Researchers predict fire seasons in the western United States will lengthen as climate change disturbs precipitation patterns and drives temperatures up, making events like the Eaton Fire more likely. Rep. Tom France, D-Missoula, pointed to the 2021 West Wind Fire, which incinerated 25 homes during a particularly dry winter, as evidence of the growing threat in Montana. "This is really a climate change bill," said France. "Ten years ago, our utilities were not fearful of these wildfires that we've seen, not only in California, but also in Montana when the town of Denton literally burned down in December because conditions were so extreme." Officials suspect the West Wind Fire broke out after strong winds downed a power line owned by NorthWestern Energy. The company is currently litigating three lawsuits related to the fire. At the time, NorthWestern did not have a wildfire mitigation plan, though it did implement some "targeted wildfire mitigation programs." "Sometimes things happen," said Alan Olson, NorthWestern's director of Montana government affairs, at a Feb. 19 hearing for HB 490. "We have to run transmission, distribution services through timberland, grassland. But if we are at fault, if we've been proven negligent, we don't have an issue with making things right." NorthWestern Energy voiced support for the bill, alongside Flathead Electric Cooperative and other major electrical providers throughout the state. Home insurance providers initially opposed the bill, claiming the blanket immunities provided in the legislation's first iteration would drive up rates for homeowners. Subsequent amendments addressed these concerns by strengthening mitigation requirements for utility companies and introducing language that would allow negligent utility companies to be held liable. The House unanimously passed the bill on March 5, days ahead of the final transmittal date. The legislation will likely appear for a vote in the Senate in the coming months. Reporter Hailey Smalley can be reached at hsmalley@ or 758-4433.

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