Williamson v. Montana Public Service Commission
2012 MT 299
| Mont. | 2012Background
- Petitioners allege Northwestern Energy overcharges for street lighting; PSC dismissed for standing and amended-complaint procedural issues.
- This Court affirmed PSC dismissal of original petitioners but remanded for PSC to reconsider amended-complaint filing viability.
- On remand, Petitioners sought costs incurred defending the proceedings and an immediate temporary rate reduction.
- District Court denied both requests and remanded to the PSC; Petitioners appealed seeking costs and rate relief.
- Court held the PSC remand constitutes a final order; no judgment in Petitioners' favor yet; costs issue analyzed under MT law.
- The court also denied the temporary rate reduction request as premature pending PSC remand decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court erred in denying costs to Petitioners. | Petitioners contend they should recover costs incurred in district court and on appeal. | Northwestern Energy/PSC argue no final judgment in Petitioners' favor and costs aren’t properly awarded. | No error; district court correctly denied costs. |
| Whether the District Court erred in denying a temporary rate decrease pending remand. | Petitioners seek immediate rate relief under § 69-3-304, MCA, while PSC remand is pending. | Rate reductions should await PSC merits on remand; petition premature. | District court properly denied temporary rate reduction. |
Key Cases Cited
- Williamson v. Mont. Pub. Serv. Commn., 364 Mont. 128, 272 P.3d 71 (2012 MT 32) (remand to PSC for amended-complaint viability)
- Whitehall Wind, LLC v. Mont. Pub. Serv. Commn., 355 Mont. 15, 223 P.3d 907 (2010 MT 2) (remand constitutes a final order with right of appeal)
- Hilands Golf Club v. Ashmore, 277 Mont. 324, 922 P.2d 469 (1996) (lacks jurisdiction is reviewed as a question of law)
- Neal v. State, 314 Mont. 357, 66 P.3d 280 (2003 MT 53) (interpretation of law and standard of review)
- Rolison v. Bozeman Deaconess Health Serv., Inc., 326 Mont. 491, 111 P.3d 202 (2005 MT 95) (costs and discretionary-abuse of discretion standards)
- Benintendi v. Hein, 363 Mont. 32, 265 P.3d 1239 (2011 MT 298) (discretionary costs on appeal considerations)