The 80 MW Grizzly Wind and Black Bear Wind projects proposed for Stillwater County is now able to proceed, with the Public Service Commission having taken final action, to establish contract rates and terms between the developers and NorthWestern Energy.

The two projects were designated Qualifying Facilities (QFs) by federal law, thus requiring NWE to purchase all their combined 160 MW of output on a “must take” basis.  When as in this case, negotiations break down, it’s the PSC’s job to conduct a docketed investigation, and establish the length, rates and terms of the contract based on the evidence. 

The “PURPA” statute requires that utility customers pay no more for the QF power than they would be paying for the next generating plant the utility would otherwise build for itself.  Termed “avoided cost”, the commission goes through a lengthy and involved process of calculations and forecasting before arriving at a number determined to be as accurate as possible.

The commission set the rate NWE customers will pay for both projects’ electricity at the around-the-clock rate of $21.35 per MWH.  This rate takes into account market price projections, wind intermittency (requiring ancillary services), capacity contribution, interconnection costs and a variety of other factors.

Commissioners wrestled with several key issues before the final vote, including contract length, pricing of the QFs’ output when NorthWestern has no need and must re-sell it on the market, and whether to factor the risk of future carbon (CO2) regulation into the rates.  The commission settled on a 15-year contract, market prices for unneeded energy, and a disallowance of any carbon costs added to the rates.

“While the two projects were pressing for 25-year level-price contracts, we believed that was excessively long, and burdened the rate-payer with unjustified risk,” said Commissioner Tony O’Donnell, (R-Billings.)  “There are entirely too many factors that can change dramatically over 25 years, to have any chance of arriving at an accurate and equitable avoided cost rate.”

Commissioner Roger Koopman, (R-Bozeman), addressed the proposed $2.23 carbon adder (a tax of sorts on renewable-generated electrons in lieu of CO2 penalties/taxes imposed on fossil fuel generation which the renewable user otherwise avoids).

“There is no carbon regulation in Montana.  Any way you cut it, we cannot charge ratepayers for something that does not exist, on the sheer speculation that someday it might,” he said.

William Perry Pendley, an attorney noted for his strong advocacy of private property rights, was appointed acting chief of the U.S. Bureau of Land Management in a move by the Trump administration that drew the ire of environmental groups.

Interior Secretary David Bernhardt temporarily re-delegated Pendley to serve as acting director of the BLM pending an appointee . Pendley joined the bureau earlier this month as deputy director of policy and programs.

The order comes just weeks after BLM announced it would move its headquarters to Grand Junction, Colo.

Pendley was formerly president of the Colorado-based conservative public interest law firm Mountain States Legal Foundation, which focuses on protection of private property rights. He also served in the Department of Interior during the Reagan administration.

The move has drawn the ire of environmental and conservation groups who say Pendley is hostile to public lands. They cite a 2016 article by Pendley in which he wrote that, “The Founding Fathers intended all lands owned by the federal government to be sold. After all, jurisdiction over real property, that is, property law, was given to the states.”

The Trump administration has received constant criticism from environmental groups claiming that he is weakening environmental regulations and expanding access to energy development on public lands.

“Appointing William Perry Pendley, a proponent of taking public lands out of public hands, to head [BLM] is an outright assault on our public lands system itself,” Western Resource Advocates tweeted.

“Anything they’ve ever said about not selling off public lands has just been a political smokescreen to distract from their real intentions: handing over public lands to their special interest allies,” Executive Director Chris Saeger said.

Montana State University has been awarded a federal grant to create a public-private partnership for growing tech companies in Montana.

The U.S. Economic Development Administration announced July 23 that it had awarded $750,000 to MSU’s Prospect Montana, a newly created program to promote high-tech economic development statewide.

The three-year funding will support three complementary efforts to see high-tech companies grow across the state, said Daniel Juliano, head of MSU’s Technology Transfer Office, who applied for the grant.

The Prospect Montana program will begin this fall with a competitive request for MSU gap fund proposals. Grant funds will be awarded to three to five applicants based on the commercial potential of their technology. Roughly $400,000 will go into the new “gap fund.”

Montana’s residential property values increased an average of 12.5 percent over the past year, according to the Department of Revenue in its biennial reappraisal. The average increase for businesses was almost 10 percent.

Many communities saw property value increases in the double digits, with Gallatin County (Bozeman) having the highest of 23 percent for residential and 20 percent for commercial property. Yellowstone County had an increase of 7 percent.

Madison County had the biggest average increase of any county for residential property, at nearly 29 percent. Park County had the largest average increase for commercial property at 27 percent.

Property values in Ravalli County increased 12.3 percent, followed by those in Missoula at 12.1 percent, Flathead County at 11 percent, Lewis and Clark at 9.5 percent, and then Silver Bow County and Cascade at 9 percent.

Property value increases do not necessarily mean increases in taxes. Taxes are determined by the number of mills set by governing bodies such as counties and/or cities. State law limits tax increases, levied by taxing jurisdictions, to no more than half the rate of inflation, without a vote of the people.

When it comes to competing with other states, Idaho is upping the anti.

Idaho’s new governor, Brad Little, is on a mission to reduce red tape on businesses in Idaho. His first two executive orders were the Licensing Freedom Act and the Red Tape Reduction Act.

Both are aimed at reducing regulatory burdens on residents and businesses. The licensing order calls for an overhaul of the state’s occupational licensing laws and the red tape order requires state agencies to propose two rules for simplification or elimination for each new rule it brings forth.

The reduction was somewhat happenstance – the turning of what at first seemed to be a negative into a positive. At first, Gov. Little was not happy that the Idaho state legislature failed to re-authorize all administrative rules for another year. Their failure meant that all existing rules would expire on July 1, 2019.

Gov. Little and his administration rallied and on June 19, after holding 40 public hearings on all rules to be removed, changed or re-authorized, the governor announced all rules set to expire July 1 due to legislative inaction had been republished and the state was back on track. And in the process, they had cut or simplified 40 percent of Idaho’s administrative rules.

Now Idaho and its rapid regulatory reform are the talk of the nation among government regulatory wonks. Bolstered by the rapid, albeit labor-intensive, results, Little said he wants to cut even more. By the end of the year, he hopes to see a total reduction of 55% to 60% all state regulations, including significant streamlining of Idaho occupational licensing rules.

A Montana District Court judge has vacated a water  discharge permit for the Montanore Mine, a proposed silver-copper mine,  five miles northeast of Noxon in Sanders County, near the Cabinet Mountains Wilderness. The permit was issued by Montana’s Department of Environmental Quality  to Hecla Mining Company and its subsidiary, Montanore Minerals Corporation, following the company’s completion of an environmental impact study.

District Judge Kathy Seeley of Helena ruled Friday Montana’s Department of Environmental Quality violated state and federal clean water laws in issuing a discharge permit to Hecla Mining Co. for the Montanore Mine.

Seeley ruled the DEQ did not set adequate pollution restrictions and gave Hecla too long to meet the requirements.

The suit was filed by Earthjustice on behalf of Montana Environmental Information Center, Save Our Cabinets, and Earthworks.

“This is a big win for clean water,” said Bonnie Gestring, Northwest Program Director for Earthworks.  “The court affirmed that Montanore cannot make use of a 27-year-old permit that would allow unnecessary pollution of Libby Creek, rather than complying with today’s laws to better protect Montana’s trout streams.”

“It is time for this project to just go away,” said Jim Jensen, executive director of Montana Environmental Information Center.

Hecla spokesman Luke Russell says the company is still reviewing the ruling. The order sends the matter back to the DEQ,

The Project began in the late 1980’s with the partial construction of an underground evaluation tunnel or “adit”.  A final Record of Decision allowing the project to move forward was issued by the US Forest Service (USFS) in 1993; however, that authorization was given up by the company who owned the project at the time.  In 2016, the US Forest Service again authorized the Project; however, that affirmative decision was remanded by the Federal District Court in Missoula.  

In 2016, Idaho based Hecla Mining (the oldest mining company in North America) purchased Mines Management Inc. (MMI), the company which owns the Montanore Project.  Montanore Minerals Corp., which is a wholly owned subsidiary of Hecla Mining Company, owns the assets referred to as the Montanore Project. 

The project’s state-issued operating permits are also being challenged in a pending lawsuit by Montana’s Department of Environmental Quality, which is suing to stop Hecla CEO Phillips S. Baker, Jr., from proceeding with the Montanore and nearby Rock Creek mine projects based on the agency’s determination that Baker is in violation of Montana’s “bad actor” mining law.

Baker formerly served as Vice President and CFO of Pegasus Gold Corporation, which operated and abandoned multiple cyanide heap-leach gold mines across Montana in the 1990s.  The “bad actor” law prohibits mining executives whose companies default on their clean-up obligations from developing new mines in Montana.

A coalition of environmental groups including Save Our Cabinets, Earthworks and Defenders of Wildlife have challenged the project in several court cases and have joined the DEQ’s “bad actor” challenge.

In April, a Montana District Court judge ruled that a permit for Hecla’s other proposed mine– the Rock Creek Mine – is also invalid.

Under the Trump Administration there have been changes made to rules governing employee insurance that have expanded and improved benefits, over the past year.

Last week, the Trump Administration announced new guidance on health savings accounts (HSAs), which will help patients better manage chronic conditions, provide more affordable access to treatments, and in the end prevent these conditions from worsening. This first action stemming from Executive Order 13877 (“Improving Price and Quality Transparency in American Healthcare to Put Patients First”) expands the list of preventative care benefits permitted to be provided by a high deductible plan, which will allow patients with chronic conditions such as diabetes, heart disease and asthma to use their HSA dollars to pay for treatment and care before they meet their deductible. This change is effective immediately.

The directive follows another in mid-June which allows citizens to use HRA funds to purchase the health coverage that best meets their personal needs. It also allows the use of the funds for benefits such as dental and vision care.

Last August the departments of Health and Human Services, Labor and Treasury issued a final rule on short-term, limited-duration plans. The rule extended a 3-month limitation on the duration of these plans to under twelve months; allowed for a renewal of the plans for no longer than 36 months; and requires clear communications for consumers to help them understand the coverage level they are receiving.  This health coverage option is important for the self-employed, startups, and people who transition in and out of the workforce due to personal reasons and the need for flexibility.

The courts upheld President Trump’s authority to make these changes in the directives, with U.S. District Judge Richard Leon saying, “Not only is any potential negative impact from the 2018 rule minimal, but its benefits are undeniable.”

Also, in mid-July, the U.S. House passed H.R. 748, the “Middle Class Health Benefits Tax Repeal Act of 2019” by a vote of 419-6. The legislation fully repeals the “Cadillac Tax.” The U.S. Senate is expected to act on the legislation soon.  Over time, the 40% tax is expected to hit all plans, which business organizations like the Small Business & Entrepreneurship Council, worry will put health insurance out of reach for many more small businesses and the self-employed.  

“Partially due to taxes and the threat of impending taxes, health coverage costs have increased and access to health care has become more expensive. Repealing this tax is important, and we are pleased to see the massive bipartisan vote in support of ending it for good.  Similarly, it is now time for Congress to repeal or extend the current moratorium on another tax – the Health Insurance Tax (HIT) – which specifically targets small business plans,” said Karen Kerrigan, who heads the SBE Council.

The City County Planning Department is submitting an application to the Federal Highway Department in the hopes of getting a $25 million grant to help fund the building of the Inner Belt Loop road in the Heights and to complete the system of bike trails that encompass the City of Billings.


If they should get the grant, called the “2019 BUILD Grant”, portions of the project could begin construction as soon as, 2020 or 2021 at the latest, according to Wyeth Friday, who heads the Planning Department. Friday made presentations to the Billings City Council and the Board of County Commissioners this week to get letters of support for the application. They will also be seeking support from Montana’s Congressional delegation.

The $25 million cost of the project that is detailed in the application includes $7 million as matching dollars from the City of Billings. The application is complex, said Friday, and they are using a consultant to help put it together, especially in regard to determining a cost/benefit analysis.

Notice as to whether they win the grant will be announced by the end of the year.

Most of the project and hence most of the cost – about $14 million – is focused on building the Inner Belt Loop, design for which is about 90 percent complete. It would probably be the first portion of the project to be built.

The bike/pedestrian trails that are included in the project are portions of the 26-mile Marathon Loop Trail that has long been in the planning to encircle Billings. Once those sections are built the route will be completed; they include Stage Coach Trail, a portion of Skyline Trail, Garden/Sugar Trail and Zoo to Riverfront.

The trails are in various stages of development, and some must still obtain right-of-ways, said Friday.

Looking to the future – anticipating what space will be needed and figuring out a strategy of how the county will be prepared to meet those needs, is a primary focus of the coming year’s budget, for Director of Finance Kevan Bryan.

While Yellowstone County has accomplished much over the past two years in meeting substantial demand for space there will be demand for more space and adjustments in the future, said Bryan. To successfully rise to that challenge without having to raise taxes requires planning budgets now, and to start addressing those needs in FY 2019-20. Bryan said that the proposed budget he is presenting to county commissioners this week recommends the movement of discretionary mills that will “allow us to focus dollars where best needed, while retaining flexibility for future fiscal years.”

This week’s itinerary for the commissioners and most county department heads has been a daily series  of scheduled discussions involving every nook and cranny of county government and what will be needed to be done in the next year – and beyond.

“…we wish we didn’t have to …recommend continuing to spend on these issues,” said Bryan, “But they did not develop overnight, and it is clear they are not going away. Ignoring or delaying continued efforts will just cost more down the road, collapse our window of getting this done the right way vs. in a crisis mode, and likely compel us to need additional help from our taxpayers.”

Looming as the biggest challenge are infrastructure needs for Metra Park. During the past year the commissioners authorized an assessment of what those needs will be. Bryan urged tackling the list of needs that were identified in that assessment, beginning in the coming year. “This addresses underground issues fsor power, water, waste water, data – what is broken down and what needs to be upgraded. Remaining needs there are significant, and in our view remain largely unfunded as are many items that may be on this Board’s or the Metra Board’s wish list for enhancements on that campus.”

Bryan noted that the county “has successfully moved several departments into the Stillwater Building, and we have remodeled the 4th Floor of the Courthouse for District Court use. But I dare say we are not even halfway through what needs to be done…It will take a multi-year effort, and you will see in this budget that we are working to advance that.”

Bryan said that in the next five or six years, the commissioners will need to commit to a long-term path for the occupancy issues the county will face. “We can extend our lease here at Stillwater, including more square footage; we can look at an already-discussed option to purchase two floors in a condo arrangement; or we can look at the possibility of removing the old ‘round building’ previously occupied by the Sheriff and build a new office structure.”

Bryan said that his budget draft proposes more work on the Courthouse, and allowing for the eventual movement of others to the Stillwater Building. “In our judgement, that work must begin in FY20, and will likely not be completed soon.” The plan addresses anticipated needs of Justice Court, Clerk of the District Court, the County Attorney, “and yes,” eventually more space for district Court.

The detention facility, while nearing final completion of what was approved two years ago, by the county commissioners, uncovered unstable underground waste lines that are being fixed, still has needs. Sheriff Mike Linder is asking for an expansion and remodel to the booking and administration area of the facility to make it more secure. If his request is approved, said Bryan, the expenditure will consume what is left of the Sheriff’s capital improvement fund. “But, with that done and the relatively new headquarters down the street plus the State’s and County’s financial commitment to the new morgue, the Sheriff should be in the best ‘facility shape’ in perhaps three decades, and set for many, many years to come,” said Bryan.

Bryan presented a list of the diversion of funds that have happened this year and that he proposes for next year, to shift available funds to higher priority needs. They include for FY 2019-20:

—$500,000 from the bridge fund to Metra Park’s Capital Improvement Program (CIP);

— $53,500 from the Weed Fund to Metra’s CIP;

—$106,800 from the Liability Fund with $35,600 going to the Extension Fund, and $71,200 to the Museums.

For FY 2020-21 the proposed shifts are:

—$500,000 from the FY2019 Bridge Fund to the General Fund;

—$700,000 from the Liability Fund to the General Fund;

—Continued $71,200 from the Liability Fund to the Museums;

—Discontinue diversion from the Weed Fund and diversion to the Extension Fund.

In assessing the health of the various departments or funds in county government, a useful barometer is their level of reserves. Sound fiscal policy includes having reserves at capacity, which by state law is set at a maximum of 30 percent of each fund’s total budget. Many reserve fund balances dropped as the heavy capital improvement projects of the past couple of years made demands upon them, but they are recovering.

Anticipating a total county budget of about $116.5 million, reserves for all county funds totals $57 million, which is slightly below past levels which ranged as high as $61.5 million.

According to Bryan agencies with full reserves for FY 2020 are:

—General Fund

—Road Fund

—Bridge Fund

—Liability Fund

—Mental Health Fund

—Weed Fund

—Museum Fund

Those close to being fully reserved are:

—Public Safety (Sheriff)

—Public Safety (County Attorney)

(The probability, given crime rates and demand on those two agencies, that their reserves will decline.)

County departments that are short on reserves are:

—Metra Park

—Metra Park Capital Improvement Program

—Lockwood Pedestrian Safety District

Montana recently welcomed the first member of its own FEMA Integration Team (FIT), Adrianne Michele.

FITs allow FEMA staff to be directly embedded with state emergency management agencies to provide improved coordination and collaboration. In Montana, the FIT will help Montana Disaster and Emergency Services (DES) stay closely connected with FEMA Region VIII in Denver, Colorado.

The Montana team lead is now in place and is the first of what will eventually be a four-member team working in Helena alongside Montana DES staff. The FIT program is an initiative FEMA started last year, the first effort to have staff permanently

co-located working with state partner agencies. 

An Air Force veteran, Michele has a Master’s Degree in Emergency Management and a passion for disaster planning and response.

In addition to three deployments in support of Operation Iraqi Freedom, she worked for several years integrating planning efforts between North American Aerospace Defense Command and United States Northern Command.  She also has education and experience as a news photographer and editor.

The makeup of each FIT team is determined through discussions between FEMA and individual states, and varies according to local needs.  The Montana team, which is expected to be in place by late summer, will include specialists in preparedness, recovery and emergency communications.

“We were able to identify these areas as being especially helpful for Montana,” said Delila Bruno, Director of Montana Disaster and Emergency Services. “Having FIT members here with their boots on the ground will increase our capacity to help Montanans not only prepare for disasters, but recover when they happen, making our partnership with FEMA even stronger.”

 “By putting skilled, knowledgeable personnel with our partners in Montana, we can help build a culture of preparedness and support Montana emergency management before, during, and after disasters,” said Lee K. dePalo, Regional Administrator for FEMA Region VIII. “The FEMA Integration Team helps FEMA and Montana DES to plan, train, and respond to incidents together.”

FEMA Integration Teams are currently in the second stage of rollout and Montana is the 19th state to receive a FIT. The program will be implemented to states by 2020.