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Public Service Commission allows second garbage service in Missoula County – Daily Montanan

['Keila Szpaller', 'More From Author', '- March']

Date: 2022-03-07 00:00:00

Republic Services of Montana won’t have a monopoly on garbage service in Missoula County anymore.

After hearing garbage customers complain about their bills and customer service, the Montana Public Service Commission voted 3-2 on Thursday to allow a new trash hauling company to operate in Missoula County.

“Despite numerous (customer) complaints, Republic downplayed them as if they were inconsequential,” said Commissioner Jennifer Fielder, who represents the district that includes Missoula County and made the motion to approve the new operator. “And those complaints were serious and significant.”

The PSC approval means L&L Site Services doing business in Missoula as Grizzly Disposal and Recycling will be granted a license to haul garbage in the county and compete with Republic. The PSC, currently an all Republican body, regulates monopoly entities in Montana.

It wasn’t immediately clear Friday if Republic, which has been the only company providing the service in Missoula, would contest the decision. However, Republic had argued earlier that L&L, which serves garbage customers in Gallatin County, didn’t offer evidence that showed it could run a business in Missoula or that customers were unhappy — and noted in earlier testimony that 81 percent of customers were pleased with service in a survey.

Republic also argued that L&L shouldn’t get to make essentially the same run at approval that it ended up losing in 2019. A PSC staff memo did not offer a recommendation on the application, but at the meeting, a staff attorney said it would be reasonable to reach similar conclusions on public need and fitness.

Commissioner Brad Johnson, who opposed the motion along with Commissioner Randy Pinocci, said he consulted with PSC legal counsel and thought the earlier decision was sound. Johnson also said he personally supports the free market and competition, but there’s this “pesky dang thing called the law.”

“It is my view, after consultation with legal staff, that they failed to submit the requisite level of detailed evidence to demonstrate their fitness to operate within Missoula County and failed to submit the requisite detailed evidence that justified need for another carrier,” Johnson said.

Commissioner Tony O’Donnell voted with the majority, and he said Republic customers’ invoices showed “significant quarterly billing increases,” but Republic couldn’t adequately explain them. He said the evidence seems to show unfair prices, and that in particular was significant to him.

“I think that the evidence indicates monopoly pricing by Republic, which supports the need for another carrier in Missoula County,” O’Donnell said.

Chair James Brown also voted in favor of L&L’s application, and the decision was likely to make customer Michelle McLinden pleased. At the hearing, McLinden said she has sent numerous requests to Republic for proof her bills are correct, but she hasn’t received any responses, and she finds their systems “archaic” and their approach monopolistic.

“They do not have to assist me, and they have shown that they will not,” McLinden said.

In her comments, Fielder said she doesn’t believe competition will put Republic out of business, either: “It may actually stir them to serve the public better.”

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