Public has right to know NorthWestern’s data center plans under state constitution
For Immediate Release: March 11, 2026
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Helena, MT – Community, conservation, and Indigenous-led organizations today challenged a Montana Public Service Commission protective order that shields NorthWestern Energy’s letters of intent to provide electricity service to data centers from public view. The groups, represented by Earthjustice, argue that there was an insufficient basis for the PSC to grant the protective order, and that Montana’s Constitution guarantees the public the right to know about NorthWestern’s data center plans.
“Montanans surely have the right to know and participate in decisions that will affect their utility bills,” said Amy Cilimburg, executive director of Climate Smart Missoula. “Affordable electricity is life saving. We work with folks trying to figure out if they can afford to run an air conditioner or HEPA air purifier during our hot summer months, and we all need to understand the impacts to our rates from these potential data centers.”
“The people of Montana can’t meaningfully participate in government if our basic constitutional rights are ignored,” said Erik Nylund, board member of the Butte Watchdogs for Social and Environmental Justice. “Corporations operating in secrecy is one thing, but our own government should be guaranteeing our rights, not suppressing them to serve special interests.”
The PSC granted NorthWestern Energy a protective order for its three data center letters of intent in December. NorthWestern filed for the order in September after the commission requested additional information on customers mentioned in the utility company’s press releases. In October, the petitioners sent a letter to the PSC noting the lack of transparency around NorthWestern’s data center plans and urging a denial of the protective order. Last month, the petitioners sent a second letter to the PSC arguing that NorthWestern Energy is failing to comply with the PSC’s request for information about its customers.
“When a single data center can consume as much electricity as an entire city, Montana utility customers have good reason to be concerned about what that means for energy affordability and grid reliability,” said Derek Goldman, Montana policy and regulatory associate with the NW Energy Coalition. “It’s doubly concerning that NorthWestern is hiding the details of its data center dealings from the public.”
“In the past few years, the PSC has repeatedly allowed NorthWestern Energy to dramatically increase electricity bills for Montana families and small businesses,” said Anne Hedges, executive director of the Montana Environmental Information Center. “Data centers have increased utility bills across the country, yet NorthWestern wants to hide its agreements with data centers, preventing customers from knowing whether that will happen in Montana as well. Sunshine is the best disinfectant. Montanans deserve transparency, and our Constitution requires it.”
In November, organizations filed a complaint before the PSC challenging NorthWestern Energy’s intent to provide electricity supply service to large load data centers without first proving that it will not adversely impact existing ratepayers. The groups argue that NorthWestern’s data center agreements could lead to increased costs for residential ratepayers and deepen the state’s reliance on expensive fossil fuels.
“Transparency is not much to ask for when Montana’s environment is at stake,” said Dean McGovern, executive director of Montana Public Interest Research Group (MontPIRG). “The PSC and Northwestern Energy need to join all Montanans in protecting our future.”
“The public has a right to know about NorthWestern’s data center plans and how they will impact our utility bills, health, and environment. This is the bare minimum,” said Lars Phillips, senior attorney with Earthjustice’s Northern Rockies Office. “Across the country, communities are being left in the dark while utilities make backroom deals with data centers. Montana’s Constitution does not allow that to happen here.”
Earthjustice is representing Butte Watchdogs for Social and Environmental Justice, Climate Smart Missoula, Helena Interfaith Climate Advocates, Honor the Earth, Montana Environmental Information Center, Montana Public Interest Research Group, and NW Energy Coalition in the challenge.
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