The suspension of Montana Public Service Commissioner Brad Molnar has introduced a legal fault line into the proceedings over a proposed $15.4 billion utility merger — one that a group participating in the case argues could invalidate any decision reached without him. The argument, raised formally this week, puts the PSC's pending merger review in an uncomfortable position: move forward and risk a ruling that gets thrown out, or wait on a personnel dispute that shows no signs of quick resolution.
The merger under review is one of the largest utility transactions ever proposed with direct consequences for Montana ratepayers. NorthWestern Energy, which serves most of Helena and a broad swath of the state, is a central party in the deal. How the PSC votes — and who gets to cast a ballot — will shape electricity rates and infrastructure decisions for years. The group raising the Molnar argument contends that a commissioner who has been suspended rather than removed retains his legal authority to participate, and that sidelining him taints the proceeding.
Molnar was suspended amid a separate controversy, the details of which the PSC has not fully aired publicly. His supporters have pushed back on the suspension as procedurally improper, and the merger case has now become collateral terrain in that fight. If a court later agrees that Molnar should have participated and did not, any PSC decision on the merger could face a legal challenge that sends the whole proceeding back to the starting line — a delay that neither the companies involved nor consumer advocates particularly want.
The PSC has not yet set a final hearing date on the merger. Commissioners are expected to address the Molnar participation question before that hearing is scheduled.