State Sen. Gayle Lammers is discussing legislation that would replace Montana’s elected Public Service Commission with an appointed body for consideration during the 2027 legislative session.
Draft bill LC0500 would establish a seven-member nomination committee to forward candidates to the governor. The committee would include representatives selected by the speaker of the House, House minority leader, Senate president, Senate minority leader, the heads of the Department of Environmental Quality and Department of Commerce, and a tribal representative appointed by the state director of Indian affairs.
Under the proposal, the governor would appoint commissioners, subject to confirmation by at least three-fifths of the Senate. The bill would also require commissioners to be industry experts.
Proposal follows interim committee work
The Energy and Technology Interim Committee approved a plan for draft legislation. The Governor’s Energy Task Force also recommended considering an appointed commission.
The commission currently consists of five members elected by district. It regulates monopoly utilities, including NorthWestern Energy, and is an executive branch agency. The commission is currently made up entirely of Republicans.
One commissioner was suspended for professional misconduct. Gov. Greg Gianforte temporarily appointed Kirk Bushman to serve during elected Commissioner Brad Molnar’s absence, with the temporary appointment lasting one year.
Supporters cite utility expertise
Lammers, a Republican from Hardin, said the commission needs members prepared to address issues including new nuclear options, coal, transmission and data centers.
“We really gotta get a Public Service Commission that’s up for these 21st-century issues that are coming up in Montana,” Lammers said.
Rep. Bob Carter, a Democratic member of the interim committee from Missoula, said the proposed candidates would be highly qualified. Carter said 10 states still elect public service commissioners.
Earlier proposals to change how Montana’s commission is formed did not reach the governor’s desk. LC0500 is being discussed ahead of the 2027 session, which begins in January.
