Wednesday, July 06, 2022

Legals for November, 26 2021

| November 26, 2021 12:00 AM

No. 28191 AUDIT PUBLICATION STATEMENT An audit of the affairs of Flathead County Economic Development Authority has been conducted by JCCS Certified Public Accountants. The audit covered the fiscal year ended June 30, 2021. Section 2-7-521, MCA, requires that this publication concerning the audit report include a statement that the audit report is on file in its entirety and open to public inspection at the Administrator's Office, and that Flathead County Economic Development Authority will send a copy of the audit report to any interested person upon request. Sincerely, /s/ Christy Cummings Dawson, CEO Flathead County Economic Development Authority November 26, 2021 MNAXLP __________________________

No. 28190 Service Date: November 23, 2021 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA IN THE MATTER OF NorthWestern Energy's Petition for Rulemaking to Incorporate FERC's Rule Allowing Variable Cost of Energy Rates under PURPA REGULATORY DIVISION DOCKET NO. 2021.09.118 NOTICE OF OPPORTUNITY FOR INFORMAL COMMENT On September 24, 2021, the Montana Public Service Commission received a petition from NorthWestern Energy ("NorthWestern"), requesting the Commission to initiate a rulemaking proceeding to incorporate recent changes to the Federal Energy Regulatory Commission's ("FERC") regulations implementing the Public Utility Regulatory Policies Act of 1978 ("PURPA"). By law, an agency must act on a petition for rulemaking by denying the petition in writing or initiating rulemaking in accordance with Mont. Code Ann. §§ 2-4-302 through 2-4-305. Pursuant to Mont. Code Ann. § 2-4-304, an agency may begin rulemaking with informal conferences and consultations as a means of obtaining the viewpoints of interested persons. Given the contested nature of PURPA proceedings, the Commission will begin by soliciting informal comments on the proposed rulemaking. Additionally, the Commission may, in its discretion and in accordance with the Montana Administrative Procedure Act, begin formal rulemaking while it is receiving informal comments. FERC amended its PURPA rules, effective December 31, 2020. In re PURPA Implementation Issues, Docket Nos. RM19-15-000 and AD16-16-000, Order No. 872, 85 Fed. Reg. 54638-01 (Sept. 2, 2020). Prior to the adoption of these rules, QFs had the right to choose between a calculation of avoided costs at the time when a legally enforceable obligation is incurred, or at the time of delivery of the QFs energy. FERC's rules now allow states, among other things, the discretion to establish avoided costs of energy for QFs to be calculated at the time of delivery in instances where the QF has chosen to provide capacity and/or energy pursuant to a legally enforceable obligation. To effectuate these regulations, NorthWestern requests the Commission to initiate a rulemaking to amend Mont. Admin. R. 38.5.1902(1) and (5), Mont. Admin. R. 38.5.1903(2), and Mont. Admin. R. 38.5.1905(3). Congress requires state commissions to implement PURPA regulations within one year from their effective date. 16 U.S.C. § 824a-3(f). Under federal statute, the Commission has until December 31, 2021, to implement FERC's regulations. The Commission may adopt by reference federal regulations; however, the federal regulation must be adopted consistent with MAPA's rulemaking procedures. Mont. Code Ann. § 2-4-307. Amendments to already incorporated federal regulations are not incorporated automatically and must be incorporated through a subsequent rulemaking proceeding. Mont. Code Ann. § 2-4-307(4). The Commission's regulations incorporate by reference FERC regulations. Mont. Admin. R. 38.5.1902. To incorporate the FERC's amendments to those regulations, the Commission must either issue a notice of incorporation by reference (Mont. Code Ann. § 2-4-307(6)) or proceed with traditional rulemaking (see Mont. Code Ann. § 2-4-302). Consistent with Mont. Code Ann. § 2-4-304, the Commission invites public comment from interested parties on NorthWestern's proposed rulemaking by December 14, 2021. By the comment deadline, interested parties must submit comments electronically (e-file) on the Commission's website at ("Electronic Filing" under "For Regulated Utilities" tab). Physical copies are not required. Members of the public may also submit written public comments on the matter by email to The Commission will determine next steps after reviewing informal comments. The Commission's jurisdiction over this matter is provided at Mont. Code Ann. § 69-3-601 through -604 generally. DONE AND DATED this 23rd day of November, 2021. BY THE MONTANA PUBLIC SERVICE COMMISSION JAMES BROWN, Chairman BRAD JOHNSON, Vice Chairman TONY O'DONNELL, Commissioner RANDALL PINOCCI, Commissioner JENNIFER FIELDER, Commissioner November 26, 2021 MNAXLP __________________________

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