Montana Power Co. v. Public Service Commission

Montana Power Company (MPC) requested that this Court assume original jurisdiction of a petition for declaratory judgment, mandate or other appropriate relief. This Court assumed jurisdiction to decide whether the certificate issued by the Board of Natural Resources and Conservation (BNRC) is conclusive and binding on the Public Service Commission (PSC). On this narrow legal question, we hold that the certificate is not conclusive and binding on the PSC.

The issues as stated more broadly for analysis are:

1. Did passage of the Montana Facility Siting Act of 1973 (Siting Act), section 75-20-101,…