Legal Opinion

Whitehall Wind, LLC v. Montana Public Service Commission

Montana Supreme Court

Decided January 5, 2010No. DA 09-0108PublishedCited by 15 opinions

1Opinion of the CourtJustice Morris

¶1 The Montana Public Service Commission (PSC) and Northwestern Energy (Northwestern) appeal an order of the Fifth Judicial District Court, Jefferson County, reversing and remanding the PSC’s order setting a standard tariff rate for Northwestern Energy’s purchase of electricity from Whitehall Wind (Whitehall). We affirm.

¶2 We review the following issues on appeal:

¶3 Was the District Court’s order for remand a final judgment under M. R. App. P. 6(1)?

¶4 Did the District Court properly determine that the PSC’s tariff was unlawful and unreasonable?

¶5 Did the District Court properly allow…

2Cases cited4 opinions

  1. Independent Energy Producers Ass'n v. California Public Utilities CommissionCourt of Appeals for the Ninth Circuit · 1994
  2. Montana Solid Waste Contractors, Inc. v. Montana Department of Public Service RegulationMontana Supreme Court · 2007
  3. Montana-Dakota Utilities Co. v. Montana Department of Public Service RegulationMontana Supreme Court · 1986
  4. Clouse v. Lewis and Clark CountyMontana Supreme Court · 2008

3Cited by15 opinions

  1. Williamson v. Montana Public Service Commission & Northwestern EnergyMontana Supreme Court · 2012
  2. NorthWestern Corp. v. Montana Department of Public Service RegulationMontana Supreme Court · 2016
  3. Grenz v. Montana Department of Natural Resources & ConservationMontana Supreme Court · 2011
  4. Whitehall Wind, LLC v. Montana Public Service CommissionMontana Supreme Court · 2015
  5. Williamson v. Montana Public Service CommissionMontana Supreme Court · 2012

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