Montana
Montana Public Service Commission watches bill that cuts public participation • Daily Montanan
The Montana Public Service Commission elected former and incoming commissioner Brad Molnar as its new president this week, and it discussed legislative priorities for the session, including a bill that would make “extensive” changes to the way utilities plan for energy resources.
Molnar, a former state Senator, previously served on the commission from 2004 through 2012. The Laurel Republican takes the leadership title from Jim Brown, former PSC president sworn in this week as State Auditor.
The Public Service Commission regulates monopoly utilities, and at its meeting Tuesday, the five commissioners discussed bills that were coming up in the 2025 Montana Legislature, ones they had proposed and ones that came out of legislative work between sessions.
At the meeting, PSC external affairs coordinator Trevor Graff gave a staff report on the bills, including House Bill 55, to change the way public utilities plan and acquire energy resource and speed up parts of the process.
In part, Graff said, the “extensive” bill proposes a “quick turnaround” time of 120 days for energy planning processes, “significantly shorter” than the current nine months set in commission rules.
NorthWestern Energy currently has such an effort underway. It’s a matter of high public interest, and it entails a process under scrutiny by the public and advocacy groups.
The bill also would cut the minimum time for public comment from 60 days to 45 days.
As drafted, the Public Service Commission would be allowed to skip public comment on plans by utilities for their future energy portfolio. However, it asks utilities to potentially hold more meetings, four instead of two, but with the possibility to forego two if the PSC approves.
The bill came out of a select committee on energy resource planning, and its goal appeared to be to shift the public participation component of the process from the PSC to the utilities, Graff said.
He said the idea from the legislative committee seemed to be to take off some of the burden of collecting public comment from the PSC, although he said it’s probably good for the PSC to hear from citizens for its own records.
“You still, under this bill, have the prerogative to do that (hold a hearing on a resource plan), and you aren’t required to do that at all if you so choose,” Graff said.
The draft raised other questions for the PSC as well, he said, including a call for a couple more regulatory analysts at the commission, but with half of the estimated funding for it, and with money that’s not in the agency’s permanent budget.
HB-55 will be up for a hearing Friday in House Energy, Technology and Federal Relations Committee.
In his staff report, Graff said bills in Senate Energy are getting pushed to next week given a slowdown in the Senate. A change in the rules shuffled the work and members in committees.
Graff also reminded commissioners that their policies state the PSC will generally present a unified front before the public, the media and the legislature. In other words, commissioners who are stepping out on their own should be clear that’s the case.
At the meeting, the commission’s first order of business was electing new officers, and Vice President Jennifer Fielder broke a tie to continue to serve as vice president; she said it was extra work, but she also represented continuity in the role.
In a leadership role, Fielder said it was important to pay attention to operations, and the agency in the past had been left in “disarray” because of neglect.
“A great deal of that was because agency leadership was engaged in policy advancement, and that was wonderful, but nobody was here paying attention to the agency itself,” Fielder said, noting the importance of ensuring quality staff.
The PSC is made up five Republicans, and Commissioners Annie Bukacek and Molnar supported Fielder for vice president. Commissioners Randy Pinocci and Jeff Welborn supported Pinocci for vice president.
Fielder, of Thompson Falls, Molnar, of Laurel, and Welborn, of Dillon and also previously a state legislator, took their oaths of office this week, Welborn for the first time.
Incoming Commissioner Welborn said he was excited to work on ensuring access to reliable and affordable utility services.
“Looking ahead to the next four years, I will prioritize strengthening our energy grid and producing more energy exports to lower rates for everyone,” Welborn said in a statement.
Molnar said he was humbled to have been selected with a unanimous vote, pleased Fielder would remain as vice president, and anticipated a smooth legislative session.
“With the governor’s budget restoring lost personnel, we expect to be able to better and more timely serve the families and employers that rely on us, as well as the utilities that serve us,” Molnar said in a statement from the PSC.
The PSC also is tracking House Bill 103, to change railroad track inspection.
It’s following a couple of telecommunications bills, House Bill 45, a “rehash” of a telecommunications revision bill from the 2023 session, and Senate Bill 51, to adjust telecoms registration requirements.
Montana
Montana State doctoral student awarded national research service grant for gut microbiome, arsenic research
MISSOULA — Four out of five members of Montana’s Public Service Commission were in a federal courtroom in Missoula Thursday morning, as the PSC’s former president challenges the disciplinary action taken against him earlier this year. Now, newly released documents are shedding more light on to what led up to this point.
(Watch the video for a closer look at the case.)
New documents shed light Montana PSC dispute
Commissioner Brad Molnar has sued President Jeff Welborn, Vice President Jennifer Fielder and Commissioner Annie Bukacek – the three PSC members who voted in May to require him to work remotely, after an investigation into complaints about his workplace conduct. Molnar has claimed he is being unfairly punished for constitutionally protected speech, and he asked Senior U.S District Judge Donald Molloy to allow him to return to the PSC offices.
Matthew Monforton, Molnar’s attorney, told the judge that barring Molnar from the building was limiting his ability to do his job.
“He has not been officially kicked out of office, but his voice has clearly been diminished,” said Monforton.
But Natasha Jones, an attorney representing the other three commissioners, said the findings were about behavior, not just speech, and that the PSC’s action was a reasonable response.
“These are serious concerns about a pattern of conduct that has made employees quit,” she said.
Jonathon Ambarian
On Tuesday, Molloy ordered the release of redacted versions of two full investigative reports into Molnar’s conduct – more than 100 pages of documents. Monforton had moved for the full reports to be made public, and Molloy ruled attorneys for the other PSC members hadn’t shown a compelling reason to keep the documents under seal as long as the names of people involved in the investigation were obscured.
While the names remained redacted in the investigation reports, the attorneys for Welborn, Fielder and Bukacek also filed additional documents – including a public declaration from Bukacek and from former PSC executive director Alana Lake, providing information about their allegations against Molnar.
The two reports, from an outside investigator, cover Molnar’s alleged actions over two periods: the first from February to August 2025, and the second from August to October 2025. The investigation began after the first formal complaint, filed by Bukacek in May 2025 – though the reports say employees had been bringing up concerns about Molnar’s behavior informally for several months prior.
Bukacek’s complaint claimed Molnar had repeatedly made what she called “sexualized and demeaning comments.” The examples she cited included saying the PSC should replace “Taco Tuesdays” with “Topless Tuesdays,” reminiscing about watching girls in bikinis as a teenager, and commenting about the beauty of women in areas of China who didn’t get “old and wrinkly.”
In her declaration, Bukacek also claimed Molnar had “maliciously disseminated false information” about her and “engaged in behavior that was dismissive, derisive and otherwise abusive.”
“My primary concern now is not for my safety nor my feelings, but for the rest of the staff who may not have the temperament to speak up or may feel too intimidated to speak up given concerns over job security,” Bukacek said in her declaration.
MTN News
The investigators determined Molnar had violated the PSC’s code of conduct by making comments of a sexual nature, and that it appeared his behavior had continued for some time after he was warned about it. They also found he had behaved unprofessionally and in a belittling manner toward Bukacek, though they said Bukacek herself had at times used “language that could be considered inappropriate” in emails to staff or other commissioners. Bukacek told MTN she “readily self corrected” any behaviors that were brought to her attention.
The investigation also found a violation in connection with a complaint from a PSC staff member, who said he “felt bullied” by Molnar when the commissioner sent an email complaining about his team not being “people with competence.”
However, much of the first report and the entire second report was focused on conduct after the initial complaints, when Molnar was accused of retaliating against people who participated in the investigation. Lake said in her declaration that she saw “an immediate and significant change in his behavior toward staff involved in the process.” She claimed he said he would use an attorney and private investigator to go after people who filed complaints, and she accused him of publicly criticizing her in interviews and removing her job responsibilities because of her handling of the investigation.
Lake said Molnar’s actions led to “declining morale within the agency,” undermined staff members’ ability to do their jobs and damaged her reputation. She said that led her to resign as executive director.
“I believe no employee should be forced to choose between reporting misconduct and protecting their career, reputation, or personal well-being,” she said in her declaration.
Lake has since become Helena city manager.
Jonathon Ambarian
The report said there was evidence to show Molnar had retaliated, including by “making disparaging statements about investigation participants” including Lake, by sending an email warning he could file complaints of his own against people involved, and by taking other actions investigators said could dissuade employees from reporting behavior in the future.
Monforton said during Thursday’s hearing that the initial comments Bukacek complained about were jokes Molnar had admitted were inappropriate, that he regretted saying them, and that he hasn’t made any similar comments in about a year. But he argued the vast majority of the findings against Molnar were about retaliation – and that those were primarily based on speech that the other commissioners don’t have the right to interfere with.
Monforton said it’s unreasonable to punish Molnar for what he said in the July news conference where he announced he was under investigation, in interviews with the media or in commission meetings. He said Molnar’s conduct doesn’t rise to the level of actual retaliation.
“This is an elected official, engaging in speech in his forum,” Monforton said.
He said Molnar may have made harsh comments toward staff, but that he had the right to raise objections about the way the agency does business.
Jonathon Ambarian
Monforton also argued the retaliation claims no longer justify keeping Molnar out of the office, since Welborn, Fielder and Bukacek voted to remove him as president in October and he no longer has the authority he’s accused of misusing. He said there haven’t been further complaints about his behavior since that time.
“We’re not asking for the moon and stars, we’re asking for the status quo as it existed for the last seven months,” he said.
Jones said there is enough evidence to show Molnar would have been punished regardless of whether any protected speech was excluded.
“This is not about a couple of jokes,” she said.
Jones said Molnar made maliciously false statements about people like Lake, and that type of statement isn’t covered by free speech protections.
She also said Molnar’s exclusion from the PSC offices is temporary, and that the PSC will reconsider whether to let him return if he apologizes for his actions, accepts the agency’s code of conduct and undergoes training.
Molloy indicated he saw indications that there was “acrimony” on both sides of the situation, and said he was skeptical it would be resolved easily.
“It would be nice if instead of juvenile behavior, there was professional behavior,” he said.
However, the judge said there was an avenue for Molnar to pursue if he wanted to reach a resolution.
Molloy took no immediate action Thursday. He told the parties he would rule as quickly as he could.
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