A new lawsuit filed against the state argues that the Montana Public Service Commission cannot legitimately proceed with hearings on NorthWestern Energy's proposed merger while Commissioner Brad Molnar remains suspended — a legal challenge that could throw one of the most consequential utility proceedings in recent Montana history into further uncertainty.
Molnar was suspended by Gov. Greg Gianforte, a move the governor's office has defended as necessary to protect PSC employees from workplace harassment. A lawyer for Gianforte argued in court Friday that the state's obligation to maintain a harassment-free workplace is not abstract — it is a concrete legal duty that justified removing Molnar from his seat while the matter is investigated or resolved. Molnar, a Republican commissioner who has at times been a skeptic of utility rate increases, has contested the suspension.
The new lawsuit, in which Molnar is represented by attorney Matthew Monforton, contends that stripping an elected commissioner of his vote during a proceeding of this magnitude undermines the integrity of the process itself. The PSC has five elected members, and Molnar's absence effectively changes the composition of the body weighing in on a merger that would reshape how electrical service is structured and priced for Montana ratepayers.
The NorthWestern merger proceeding has drawn significant public attention in Helena and across the state, with consumer advocates and municipal governments watching closely. The legal fight over Molnar's seat adds a procedural layer that could slow or complicate the commission's timeline. What happens next depends in part on how the court responds to the lawsuit's central argument — that an elected official's suspension by a governor from a co-equal branch of government requires a higher legal bar than has so far been applied.