Legals for December, 20 2023
NO. 29940 TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: FRANCELLA C. JACOBSEN, Deceased. Cause No.: DP-23-332 AMY EDDY District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to Thomas S. Jacobsen, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above Court. DATED this 28 day of November, 2023. /s/Thomas S. Jacobsen THOMAS S. JACOBSEN, Personal Representative Submitted by: TANKO LAW OFFICE /s/Brian C. Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative Dec. 6, 13, 20, 2023 MNAXLP __________________________
NO. 29946 Montana Department of Transportation Notice of Sale of Real Estate NOTICE IS HEREBY GIVEN that the Montana Department of Transportation will sell at public auction, with reserve, to the highest bidder, the following described real estate: A tract of land in the SW¼NW¼ of Section 1, and the SE¼NE¼ of Section 2, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana, as shown by the shaded area on the exhibit, consisting of 1 page attached hereto and made a part hereof, containing an area of 10.23 acres, more or less. The auction will be held beginning at 11:30 a.m. on Monday, January 8, 2024 in Conference Rooms A & B on the second floor of the Earl Bennett Building (Flathead City-County Health Department), 1035 1st Ave W., Kalispell, Montana 59901. Terms: 10% down payment by check at auction. The auction is complete when the auctioneer announces that the down payment has been paid. The appraised value of this land is $521,750.00. Under statutory restrictions, the State cannot accept any bid under 90% of the appraised value. The property is being sold AS IS. Sale will be conducted pursuant to the Montana Code Annotated. Additional information and a copy of the “Detailed Terms and Conditions” of the sale may be obtained from the Real Estate Services Section, Right-of-Way Bureau, Jenna Bousman, Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana, 59620-1001, phone (406) 444-9272 or TTY 1-800-335-7592 for the hearing impaired or MDT’s website at https://www.mdt.mt.gov/business/real_estate.shtml. Dec. 10, 13, 17, 20, 24, 27, 31, 2023 and Jan. 3, 7, 2024 MNAXLP __________________________
NO. 29956 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT https://www.dnrc.mt.gov/Water-Resources/Water-Rights/. OBJECTION DEADLINE: FEBRUARY 2, 2024. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT’S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76N 30160346 Owners: CARTEE, MICHAEL R & MARIAN M REVOCABLE TRUST MICHAEL R & MARIAN M CARTEE TRUSTEES 1387 LAKE BLAINE RD KALISPELL, MT 59901 7632 Priority Date: APRIL 10, 2023 at 09:54 A.M. Purpose (Use): LAWN AND GARDEN Maximum Flow Rate: 20.00 GPM Maximum Volume: 0.50 AC-FT Maximum Acres: 0.20 Source Name: MCGREGOR LAKE Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec: SWSENE; Sec 6; Twp 26N; Rge 25W; County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PUMP Purpose (Use): LAWN AND GARDEN Volume: 0.50 AC-FT Period of Use: APRIL 25 to OCTOBER 5 Place of Use: ID 1; Acres: 0.20; Qtr Sec: SWSENE; Sec 6; Twp 26N; Rge 25W; County FLATHEAD Total: 0.20 Dec. 20, 2023 MNAXLP __________________________
NO. 29967 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Request for Removal of Special Permit of 49 CFR § 192.481(a) Docket 2023.08.078 December 15, 2023 Notice of Request and Opportunity to Comment 1. On August 25, 2023, NorthWestern Energy (“NorthWestern”) filed with the Montana Public Service Commission (“Commission”) its Request for Removal of Special Permit of 49 CFR § 192.481(a) (“Request”). 2. In Docket D2008.11.133, the Commission granted NorthWestern a special permit that deviated from federal pipeline safety rules in 49 CFR § 192.481(a) (2022) (“Special Permit”). In re NorthWestern Req. for a Specific Spec. Permit to the Requirements of 49 CFR § 192.481, Dkt. D2008.11.133, Notice of Comm’n Action 2–3 (Dec. 3, 2008). In its current Request, NorthWestern requested the removal of the Special Permit, asserting the conditions in the Special Permit are no longer necessary and are void by irrelevance due to changes in 18 CFR § 192.481(a). 3. A copy of the Request is publicly available at the Commission’s business office, 1701 Prospect Avenue, PO Box 202601, Helena, MT, and online at the Commission’s website (http://psc.mt.gov) under Docket No. 2023.08.078. A copy of the Request may also be available at the office of the Montana Consumer Counsel, which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings in contested cases are available at psc.mt.gov/reddi-help. 4. The Commission invites any interested party affected by NorthWestern’s Request to file comments no later than January 2, 2024. Written public comments on this matter may be submitted to the Commission at 1701 Prospect Ave., PO Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comments may also be submitted online in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help. 5. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED this 15th day of December 2023, by the Montana Public Service Commission, through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner Dec. 20, 2023 MNAXLP __________________________
NO. 29968 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Application for Automatic Rate Adjustment and Tracking for State and Local Taxes and Fees Docket 2023.12.100 December 18, 2023 Notice of Application, Intervention Deadline, and Procedural Schedule 1. On December 14, 2023, NorthWestern Corporation d/b/a NorthWestern Energy (“NorthWestern”) filed an Application for Automatic Rate Adjustment (“Application”) with the Montana Public Service Commission (“Commission”). NorthWestern’s Application states that its proposed total rate change due to property taxes results in a cost of service decrease of $56,001,176 for its electric utility service and $19,106,165 for its natural gas utility service. 2. A copy of the Application is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2023.12.100. A copy of the Application may also be available at the office of the Montana Consumer Counsel (“MCC”), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties?can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help.? 3. The Commission invites any interested party affected by NorthWestern’s Application to intervene in this docket. To intervene, a party?must file a petition to intervene with the Commission no later than December 28, 2023. In order to afford due process: (1) data requests must be issued no later than January 9, 2024; (2) NorthWestern must respond to data requests within five business days of service (excluding weekends and holidays) or by January 15, 2024, whichever is earlier; (3) parties wishing to submit comments or request a hearing must do so no later than January 19, 2024; and (4) the Commission may hold a public hearing, if requested by an intervenor or upon its own action, at the Commission’s offices. If the Commission does not issue an order by January 29, 2024, the proposed rates will be considered approved. Mont. Code Ann. § 69-3-308(2)(c) to (d) (2021). 4. A party seeking intervention must file an electronic petition on the?Commission’s website at reddi.mt.gov. All filings must be made in REDDI and hard copies are not required. A party seeking intervention must also mail a copy of the petition to MCC at P.O. Box 201703, Helena, MT 59620, and to NorthWestern’s attorney, Clark Hensley, 208 N. Montana Ave., Suite 200, Helena, MT 59601. 5. The Commission invites members of the public who do not wish to formally intervene to submit written public comments on the matter to the Commission at P.O. Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comment may also be submitted in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help (select “Submit a Public Comment”). 6. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules;?and any prior orders of the Commission relevant to the issues presented. DONE and DATED December 18, 2023, by the Montana Public Service Commission through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner Dec. 20, 2023 MNAXLP __________________________