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MTSUN, LLC v. DEPT. OF PUB. SERV. REG.

DA 19-0363.

472 P.3d 1154 (2020)

2020 MT 238

MTSUN, LLC, Applicant, Petitioner, and Appellee, v. The MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION, Montana Public Service Commission, Respondent and Cross-Appellant, and Northwestern Corporation, d/b/a Northwestern Energy, Intervenor, Respondent, and Appellant, and The Montana Consumer Counsel, Intervenor.

Supreme Court of Montana.

Decided: September 22, 2020.

Attorney(s) appearing for the Case

For Appellant NorthWestern Energy: Ann B. Hill , NorthWestern Energy, Helena, Montana.

For Cross-Appellant Montana Public Service Commission: Zachary Taylor Rogala , Luke Casey , Justin Wade Kraske , Montana, Public Service Commission, Helena, Montana.

For Appellee MTSUN, LLC: Michael J. Uda , Christine McMurry , Uda Law Firm, PC, Helena, Montana.

For Intervenor Montana Consumer Counsel: Jason T. Brown , Montana Consumer Counsel, Helena, Montana.

¶1 The Montana Public Service Commission ("PSC") and NorthWestern Energy ("NorthWestern") appeal an order of the Eighth Judicial District Court, Cascade County, reversing and remanding the PSC's order setting terms and conditions of MTSUN, LLC's ("MTSUN") proposed 80 megawatt (...

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