Archives West Finding Aid

The Montana Public Service Commission is a five person quasi-judicial board responsible for the regulation of energy, telecommunications, water/sewer, transportation, and pipeline utilities in the state. Each commissioner is elected to a four-year term and is limited to serving two terms in any 16-year period. Each commissioner represents a specific district within the state and must be registered to vote in that district. The commissioners elect a chair and vice-chair from among the five of themselves.

The Commission is the successor of the Montana Board of Railroad Commissioners, which was established in 1907. The initial purpose of the Board was to set rates and establish regulations governing freight and passenger transportation within the state. In 1913 the Board of Railroad Commissioners was made the ex officio Public Service Commission which extended its authority to the regulation of public utilities. The current Commission and its structure were created in 1971, when the second constitution was written. The Board continued to function in this way until the 1970’s. At this time the Public Service Commission became the primary organization and the Board of Railroad Commissioners’ initial responsibilities were absorbed by the Commission.

The creation of the Commission is addressed in the Montana Code Annotated under 69-1-102 which reads "A public service commission is hereby created, whose duty it is to supervise and regulate the operations of public utilities, common carriers, railroads, and other regulated industries listed in this title. Such supervision and regulation shall ne in conformity with this title." If a vacancy on the commission should arise, the governor has the authority to fill the vacancy by appointment. The appointee will serve as a commissioner until the next general election and a new commissioner is elected.

The commissioners rely heavily upon the staff of the commission in writing opinions due to the complex nature of utilities and the need to balance the concerns of the public with the ability of the utility providers to make enough of a profit to give them an incentive to provide adequate service for customers. The commission is also home to three separate divisions; Legal, Utilities, and Transportation/Central Services. As of 2015, the commission is composed of members of the Republican party; this is the first time since the creation of the commission that it has been controlled entirely by the Republican party.