CED Wheatland Wind, LLC v. Montana Department of Public Service Regulation
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The Supreme Court affirmed in part and reversed in part the judgment of the district court which partially affirmed and partially reversed two earlier orders on reconsideration issued by the Montana Public Service Commission, holding that the district court erred in affirming the Commission's orders as related to interconnection costs associated with a certain transmission line.
Specifically, the Supreme Court held that the district court (1) erred in upholding the Commission's determination assigning $267 million in network upgrade costs to Appellants; (2) correctly upheld the Commission's decision to calculate avoided energy costs using a proxy model; (3) properly upheld the Commission's decision to calculate ancillary service deductions based on NorthWestern Energy Corporation's proposed rates; and (4) properly upheld the Commission's determination that fifteen-year contract lengths were appropriate for all three of Appellant's projects.
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