Montana Dakota Utilities Co. v. Montana Department of Public Service Regulation

Montana Dakota Utilities Co. (MDU) appeals an order of the Fifteenth Judicial District, Roosevelt County, which affirmed an administrative rate order of the Public Service Commission (PSC). In that order, the PSC denied full recovery of costs incurred by MDU, through a purchase of firm power from the Antelope Valley Station II (AVS IT) power plant. We affirm.

The sole issue on appeal is:

Was the District Court correct in affirming the PSC’s decision to reprice, for ratemaking purposes, the amount of the expense that MDU could recover from its Montana ratepayers for power purchased from AVS n?

MDU…