Lawmakers Consider Proposal to Appoint, Rather Than Elect, Utility Regulators

Amid internal strife at the Montana Public Service Commission, a legislative committee will study reshaping the state’s utility oversight board.

The bipartisan proposal would have state officials appoint commissioners to the Public Service Commission in lieu of holding elections for the five seats.

Rep. Bob Carter, a Missoula Democrat, and Sen. Gayle Lammers, a Hardin Republican, pitched the idea to the Energy and Technology Interim Committee.

Carter said an appointment process would allow the state to set requirements for candidates, while removing their need to campaign.

“Right now, the commissioners have no professional requirements, and in my view, it creates an atmosphere that’s driven by politics,” said Carter.

Carter noted the commission’s structure hasn’t changed in a century. A draft framework would have the state House of Representatives choose a slate of candidates. The governor would then select five finalists to advance, who would need the state Senate’s confirmation.

Montana is one of only 10 states that elects its public service commissioners.

The proposal drew support from the Montana Chamber of Commerce and a few industry groups, who said they want more energy expertise on the commission.

Sitting Commissioner Brad Molnar voiced opposition, saying it’s important for voters to have a say in the board’s composition. Molnar is at the center of a clash among commissioners. He’s being investigated for alleged harassment, which he maintains is unfounded and politically motivated.

The interim energy committee agreed to work on drafting the bill. Members will decide later if they want to advance it as a committee next legislative session.

This story originally appeared on Montana Public Radio, which can be found online at mtpr.org. Montana Public Radio is a public service of the University of Montana. State government coverage is funded in part through a grant from the Corporation for Public Broadcasting.