Title 37 · WY

37-3-117 provided that:

Citation: Wyo. Stat. § 37-3-117

Section: 37-3-117

(i) The person purchasing the otherwise retiring coal fired electric generation facility offers to sell some or all of the electricity from the facility to an electric public utility;

(ii) The electricity is sold at a price that is no greater than the purchasing electric utility's avoided cost as may be determined by the commission;

(iii) The electricity is sold under a power purchase agreement with a specified term length and such other terms and conditions as may be approved by the commission; and (iv) The commission approves a one hundred percent (100%) cost recovery in rates for the cost of the power purchase agreement and the agreement is one hundred percent (100%) allocated to the public utility's Wyoming customers unless otherwise agreed to by the public utility.

(i) The value of the electric energy and capacity generated from the facility;

(ii) The value of any reliability benefits associated with the operation of the facility; and

(iii) Any other factor deemed appropriate by the commission.

(d) The commission may elect to set the avoided cost price and other terms and conditions for the purchase of electricity from an otherwise retiring coal fired electric generation facility in advance of the facility's proposed retirement date to permit potential purchasers to know the avoided cost price and other terms and conditions for sales from that facility prior to entering into an agreement to purchase the facility.

(e) As used in this section, "avoided cost" means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the otherwise retiring coal fired electric generation facility, the utility would generate itself or incur in a purchase from another source. As may be determined by the commission, avoided costs may change over the course of an approved power purchase agreement at specified intervals set forth in the power purchase agreement.

(f) A person purchasing an otherwise retiring coal fired electric generation facility may sell electricity generated by the facility to the electric public utility selling the otherwise retiring coal fired electric generation facility, except for a cooperative or municipal public utility, for the benefit of a retail customer located in the existing service territory of that electric public utility provided that the customer has more than one (1) megawatt average demand and takes service at a primary or transmission voltage level. (g) If an electric utility purchases electricity from the owner of an otherwise retiring coal fired electric generation facility for the benefit of an eligible retail customer, the utility serving that eligible retail customer shall purchase the electricity at a cost and under terms and conditions that are acceptable to and negotiated between the customer and the owner of the otherwise retiring coal fired electric generation facility. The electric public utility shall pass that cost through to the customer without markup or modification except:

(i) For the collection of applicable taxes and the appropriate assessment, which shall be collected pursuant to W.S. 37-2-106 through 37-2-109;

(ii) To ensure other Wyoming customers are not negatively impacted by the arrangement provided for in this subsection and subsection (f) of this section, the commission shall also authorize the utility to impose additional charges on participating retail customers to the extent the commission determines that a sale of electricity under this subsection and subsection (f) of this section will result in the utility experiencing incremental stranded generation capacity costs or other incremental costs except for the cost of any undepreciated investments associated with the otherwise retiring coal fired electric generation facility.

(h) An eligible retail customer under subsection (g) of this section shall only receive electricity as provided in subsection (g) of this section from the owner of an otherwise retiring coal fired electric generation facility if the customer also purchases partial requirements or equivalent service from the electric public utility under rates, terms and conditions set by the commission to compensate the public utility for its costs.

37-2-134. Electric generation facility closures; presumption; commission review.

(a) As used in this section:

(i) "Dispatchable" means as defined in W.S. 37-18- 101(a)(ii) and includes dispatchability;

(ii) "Retirement" or "retired" means the closure of or the complete and permanent cessation of operations at an electric generation facility. "Retirement" or "retired" shall not include: (A) An electric generation facility that is closed in order to facilitate a conversion to, or replacement with, an advanced nuclear reactor that is operated in accordance with W.S. 35-11-2101;

(B) Any closure mandated by federal law; or

(C) Any closure resulting from federal environmental requirements to where it is no longer cost effective for the facility to continue operating.

(iii) "Electric generation facility" means a facility located in Wyoming that uses coal or natural gas to generate reliable and dispatchable electricity for provision to customers;

(iv) "Reliable" means as defined in W.S. 37-18- 101(a)(iv).

(b) Before authorizing or approving the retirement of an electric generation facility as proposed in a rate case, integrated resource plan or other submission to the commission, the commission shall consider the effect on available reliable, dispatchable electricity to Wyoming customers and the impact that any shortage of available energy nationwide may have on Wyoming customers.

(c) There shall be a rebuttable presumption against the retirement of an electric generation facility. The commission shall not approve the retirement of an electric generation facility unless the presumption created by this subsection is rebutted by evidence deemed sufficient by the commission to establish that:

(i) Cost savings will result to customers as a result of the retirement of the electric generation facility;

(ii) The retirement will not result in an insufficient amount of reliable and dispatchable capacity to serve Wyoming customers; and

(iii) The retirement will not adversely impact the dispatchability or reliability of electric service to customers of the public utility. (d) The rate recovery limitations of W.S. 37-3-118 shall apply to a public utility that completes a retirement of an electric generation facility without rebutting the presumption specified in this section.

(e) Nothing in this section shall be construed to relieve a public utility of the requirements to comply with W.S. 37-2- 133 and 37-3-117 before the retirement of an electric generation facility.

37-2-135. Review of integrated resource plan action plans.

(a) The commission shall engage in long-range planning regarding public utility regulatory policy in order to facilitate the well-planned development and conservation of utility resources. Pursuant to this subsection, the commission shall require each affected electrical utility to file any action plan developed as part of the affected electrical utility's integrated resource plan to enable the commission to review and provide guidance to the affected electrical utility.

(b) The commission shall adopt rules providing a process for the review and acknowledgement of an action plan and integrated resource plan under subsection (a) of this section.

(i) "Affected electrical utility" means a public utility other than a cooperative electric utility as defined in W.S. 37-17-101(a)(i);

(ii) "Integrated resource plan" means a plan that shall contain each of the following:

(A) The demand and energy forecast by the affected electrical utility for not less than a ten (10) year period;

(B) The affected electrical utility's options for meeting the requirements shown in its load and resource forecast in an economic and reliable manner, including:

(I) Demand-side and supply-side options; and

(II) A description and summary cost-benefit analysis of each option that was considered. (C) The affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;

(D) A description of the external environmental and economic consequences of the plan to the extent practicable; and

(E) Any other data and analyses the commission may require.

37-2-136. Energy resource procurement.

(a) An affected electrical utility shall comply with this section to acquire or construct a significant energy resource after July 1, 2024, provided that this section shall not apply to a significant energy resource for which the affected electrical utility has issued a solicitation before July 1, 2024.

(b) Except as provided in subsection (c) of this section, to acquire or construct a significant energy resource, an affected electrical utility shall conduct a solicitation process that is approved by the commission. To obtain the approval of the commission of a solicitation process, the affected electrical utility shall file with the commission a request for approval that includes a description of the solicitation process that the affected electrical utility will use, a complete proposed solicitation and any other information that the commission requires by rule.

(c) An affected electrical utility may obtain a waiver of the requirements of subsection (b) of this section if the commission determines that waiving the requirement is in the public interest because of a clear emergency, a time limited commercial or technical opportunity that provides value to the customers of the affected electrical utility or any other factor determined by the commission that makes waiving the requirement in the public interest. The commission shall adopt rules regarding the waiver process.

(d) The commission shall adopt rules outlining the requirements for the solicitation approval process under this section. Rules adopted under this subsection may account for circumstances where an affected electrical utility is subject to regulation in more than one (1) state regarding the acquisition, construction or cost recovery of a significant energy resource, in which event the rules may allow the commission to consider the impact of the multistate regulation on the solicitation process, cost recovery of resources and methods by which the affected electrical utility may be able to mitigate the potential for cost disallowances.

(e) The commission may appoint an independent evaluator to monitor any solicitation submitted for approval under this section. The independent evaluator shall not make the determination as to which bid shall be awarded under the solicitation. The independent evaluator shall actively monitor the solicitation approval process for fairness and compliance with this section and rules of the commission. The independent evaluator shall report to the commission and others as directed by the commission and shall develop one (1) or more reports addressing the solicitation approval process, any concerns related to the solicitation and the ultimate results of the solicitation approval process including the opinions and conclusions of the independent evaluator. The report shall include an opinion as to whether the solicitation approval process is fair, done in compliance with this section and whether any modeling used by the affected electrical utility regarding the solicitation is sufficient. The independent evaluator shall perform other functions and provide other input and reports as directed by the commission. The commission shall adopt rules regarding independent evaluators under this subsection.

(f) As used in this section:

(i) "Affected electrical utility" means a public utility other than a cooperative electric utility as defined in W.S. 37-17-101(a)(i);

(ii) "Significant energy resource":

(A) Means a resource that consists of:

(I) A total of one hundred (100) megawatts or more of new generating capacity that has a dependable life of ten (10) or more years;

(II) The purchase of electricity, electric generating capacity or both if the contract is for a term of ten (10) or more years and a total of not less than one hundred (100) megawatts; (III) The purchase or lease by an affected electrical utility from an affiliated company of a generating facility, electricity, electrical generating capacity or both electricity and electrical generating capacity;

(IV) A contract with an option for the affected electrical utility or an affiliate to purchase a resource that consists of not less than one hundred (100) megawatts of new generating capacity that has a remaining dependable life of ten (10) or more years; or

(V) A type of resource designated by rule of the commission as a significant energy resource after considering the affected electrical utility's integrated resource plan and action plan.

(B) Shall not include a resource procured for one (1) or more customers pursuant to an approved tariff, at the customer's request and agreed upon with the affected electrical utility, provided that the agreement does not negatively impact the affected electrical utility's other customers.

(iii) "Solicitation" means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource.

ARTICLE 2 - REPORTS, INVESTIGATIONS AND HEARINGS

37-2-201. Fixing time and place of public hearing; notice and conduct.

Whenever the commission shall determine to conduct an investigation of any matter provided for in W.S. 37-1-101 through 37-3-114 and 37-12-201 through 37-12-213, either with or without complaint as in such chapter provided for, it shall fix a time and place for a public hearing of the matters under investigation, and shall notify, by registered letter requiring receipt, the complainant, the persons complained of and such other persons, as it may deem proper, of such time and place of hearing, at least twenty (20) days in advance thereof. At the hearing held pursuant to such notice, the commission, commissioner or commission employee authorized by order of the commission to conduct such hearing, may take such testimony as may be offered, or as they may desire, and may make such other and further investigation as in its opinion, is desirable. 37-2-202. Service of notice.

Service on any person of any notice or order or other matter under the provisions of this act may be made by mailing such notice, or order or other matter, or a certified copy thereof, in a registered letter requiring receipt, directed to the public utility at the principal office of such public utility in this state.

37-2-203. Separate hearings; hearings to be open; representation by attorney; reports, investigations.

(a) When complaint is made of more than one matter or thing the commission may order separate hearings thereon and may hear and determine the several matters complained of separately and at such times as it may prescribe. All hearings conducted by the commission or commissioner shall be open to the public. In any hearing, proceeding or investigation conducted by the commission or commissioner, any party may be heard in person or by attorney.

(b) Within a time to be fixed by the commission, every public utility under the jurisdiction of this commission shall file an annual report with the commission, verified by the oath of the president, treasurer or general manager or receiver, if any, of such public utility, or by the person required to file the same. The verification shall be made by said official holding office, at the time of the filing of said report, and, if not made upon the knowledge of the person verifying the same, shall set forth the source of his information and the grounds of his beliefs as to any matters not stated to be verified upon his knowledge. The commission shall prescribe the form of such reports and the character of the information to be contained therein, and may from time to time make such changes and such additions in regard to form and contents thereof as it may deem proper and each year shall furnish a blank form for such annual reports to every such public utility. Such report shall also cover the period, and be filed at the time prescribed by the commission. The contents of such report and the form thereof shall conform in the case of interstate public utilities as nearly as may be to that required of interstate public utilities under the act of congress entitled "An act to regulate commerce", approved February fourth, eighteen hundred and eighty-seven [1887], and the acts amendatory thereof and supplemental thereto. The originals of said reports subscribed and sworn to as prescribed by law, shall be filed in the office of the commission. The commission may require, by order of any public utility or person, specific answers to questions upon which the commission may need information. If any public utility shall fail to make and file its annual report within the time ordered, or the time extended by the commission, it shall be subject to the penalty as provided for under W.S. 37-12-204.

(c) The commission shall, within its jurisdiction, have power, in its discretion, to prescribe uniform methods of keeping accounts, records and books, to be observed by all public utilities operating within the state. It may also in its discretion prescribe by order, forms of accounts, records and memoranda to be kept by such public utilities. Notice of alterations by the commission in the required method or form of keeping a system of accounts shall be given to such public utility by the commission at least six (6) months before the same shall take effect. Any other and additional forms of accounts, records and memoranda kept by such public utility shall be subject to examination by the commission. The system of accounts, established by the commission and the forms of accounts, records and memoranda prescribed by it shall in the case of interstate public utilities conform as nearly as may be to those prescribed by the surface transportation board under the act of congress, entitled "An act to regulate commerce", and the acts amendatory thereof and supplementary thereto.

(d) Every public utility shall report to the commission, under rules and regulations prescribed by the commission and harmonizing insofar as practicable with those of the surface transportation board, and of any other department of this state, every accident occurring upon the property of any public utility or directly or indirectly arising from or connected with the maintenance or operation of the plant, equipment, appliances, apparatus, property or facilities of such public utility resulting in loss of life or injury to person or property; provided, that whenever any accident occasions the loss of life or limb to any person, such public utility shall straightway advise the commission of the fact by the speediest available means of communication.

(e) The commission shall investigate the cause of all such accidents resulting in loss of life or injury to persons or property, as in the judgment of the commission requires investigation by it, and the commission shall have power to make such order with respect thereto, as it may deem just and reasonable. (f) Nothing in this act in relation to service regulation or in relation to reports or the methods of keeping accounts, records or books shall apply to any common carrier engaged in interstate commerce; provided, that, the department of transportation may, upon proper notice, require any common carrier to furnish to the department of transportation copies of any reports as it may designate which any common carrier may have filed with the surface transportation board.

37-2-204. Rules for proceedings and investigations.

The commission may from time to time make, publish or amend rules for the order and regulation of all proceedings and investigations which under the provisions of this act it is authorized to conduct.

37-2-205. Certificate of convenience and necessity; hearings.

(a) Except as provided in this subsection, no public utility shall begin construction or complete the purchase of a line or plant, or of any extension of a line or material addition to a plant, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require such construction or purchase. This act shall not be construed to require any public utility operating outside of a city or town to secure a certificate for an extension into an area within which it has lawfully commenced operation, or for an extension into territory contiguous to its line or plant for which no certificate is in force and is not served by a public utility of like character or for any extension within or to territory already served by it, necessary in the ordinary course of its business. If any public utility, in constructing or extending its line or plant interferes or is about to interfere with the operation of the line or plant of any other public utility already authorized or constructed, the commission on complaint of the public utility claiming to be injuriously affected, may after hearing make such order and prescribe the terms and conditions for the location of the lines or plants affected, as to it are just and reasonable. The power companies may, without the certificate, increase capacity of existing plants. For purposes of this subsection, "material addition" shall not include an addition to a plant that is necessary to serve load growth, provided that the capital investment in the addition shall not exceed one percent (1%) of the total capital investment in the plant on which return is earned, that is assigned or allocated to Wyoming customers, based on the public utility's most recent rate case determination.

(b) No public utility shall henceforth exercise any right or privilege or obtain a franchise or permit to exercise such right or privilege from a municipality or county, without having first obtained from the commission a certificate that public convenience and necessity require the exercise of such right and privilege; provided, that when the commission shall find, after hearing, that a public utility has heretofore begun actual construction work and is prosecuting such work in good faith, uninterruptedly and with reasonable diligence in proportion to the magnitude of the undertaking, under any franchise or permit heretofore granted but not heretofore actually exercised, such public utility may proceed to the completion of such work, and may, after such completion exercise such right or privilege; and provided, further, that this section shall not be construed to validate any right or privilege now invalid or hereafter becoming invalid under any law of this state, nor impair any vested right in any franchise or permit heretofore granted.

(c) Before any certificate may issue, under this section, a certified copy of its articles of incorporation or charter, if the applicant be a corporation, shall be filed in the office of the commission. The commission shall have power, after hearing involving the financial ability and good faith of the applicant and the necessity of additional service in the community, to issue said certificate, as prayed for, or to refuse to issue the same, or to issue to it for the construction of a portion only of the contemplated line, plant, or system, or of a portion only, of the contemplated line, plant, system or extension thereof, or for the partial exercise only of said right or privilege, and may attach to the exercise of the rights granted by said certificate such terms and conditions as in its judgment the public convenience and necessity may require.

(d) Upon its own motion, or on complaint of any person the commission shall have power to investigate and determine whether the competitive rates, charges and service existing between any public utilities are fair, just and reasonable, after hearing thereon to determine, fix and order such rates, charges, regulations and remedies as will establish reasonable and just rates, between said competing public utilities, and between said public utilities and their customers and patrons.

(e) Where a certificate for the construction and operation of a high voltage electric transmission line of 230 KV or greater is required, the public service commission shall publish notice of application in a newspaper of general circulation in each county where the line will be constructed. The public service commission shall give actual notice of hearing on the application by registered mail at the applicant's expense to each landowner who may be affected. The notice of hearing shall be given at least thirty (30) days before the hearing is held and shall contain a summary of the pertinent facts about the application.

(f) In the case of a certificate for the construction of a high voltage electric transmission line of 230 KV or greater, the issuance of the certificate shall be conditioned so that no construction of the line is authorized until all right-of-way for the line has been acquired.

(g) Any electric utility which provided service to any part of the annexed area prior to annexation and which does not receive a franchise from the annexing municipality to serve the annexed area shall receive just compensation from the public or private utility franchised to serve the annexed area. If the affected utilities cannot agree on just compensation within thirty (30) days after the franchise has been issued and become final after any challenge thereto, the affected utilities shall submit the matter to arbitration before the public service commission pursuant to W.S. 37-2-113. Upon conclusion of the arbitration proceedings and payment of the compensation determined to be just, ownership of the facilities shall be transferred to the acquiring utility.

(h) Notwithstanding subsection (f) of this section, the commission may authorize the construction of segments of a transmission line before right-of-way is acquired for an entire transmission line provided that:

(i) The public utility has satisfied all requirements for the issuance of a certificate except subsection (f) of this section;

(ii) The public utility has obtained all required right-of-way within the authorized segment;

(iii) Authorization to construct the transmission line within the authorized segment shall not exceed ten (10) miles from the advancing end of an authorized segment, provided that the commission may waive the ten (10) mile limitation if the transmission line segment is: (A) Located entirely between substations or switching stations;

(B) Located between a substation or switching station and the state line; or

(iv) Notice has been provided to all private property owners along the entire length of the proposed transmission line;

(v) The commission provides an opportunity for private property owners who are adversely affected by the location of the segment an opportunity to be heard before the authorization of a segment concerning the location of the segment or the impact of any future extension of the transmission line.

(j) Unless otherwise determined by the commission, issuance of a certificate of convenience and necessity shall not confer the right to recover a specific amount of the costs of the construction or purchase in rates charged to Wyoming customers. Actual costs of the construction or purchase may be considered by the commission in a separate rate case determination.

37-2-205.1. Nonsitus certificate of public convenience and necessity.

(a) Subject to subsection (b) of this section and unless otherwise waived by the commission, no public utility shall begin construction or complete the purchase of a line or plant, or of any extension of a line or material addition to a plant, outside the state of Wyoming without having first obtained from the commission a nonsitus certificate of public convenience and necessity determining that the present or future need for the nonsitus resource is prudent and in the public interest.

(b) A certificate shall only be required under this section if:

(i) The nonsitus resource is intended by the public utility to be a capital investment in a plant on which return is earned in Wyoming; and (ii) The capital investment in the nonsitus resource exceeds one percent (1%) of the total capital investment in the plant on which return is earned, that is assigned or allocated to Wyoming customers, based on the public utility's most recent general rate case determination.

(c) No public utility shall include a capital investment in a nonsitus resource in rates charged to Wyoming customers without having first obtained from the commission a nonsitus certificate of public convenience and necessity pursuant to this section.

(d) Unless otherwise determined by the commission, issuance of a nonsitus certificate of public convenience and necessity shall not confer the right to recover a specific amount of the costs of the nonsitus resource in rates charged to Wyoming customers. Actual costs of the capital investment may be considered by the commission in a separate rate case determination.

(e) As used in this section:

(i) "Nonsitus resource" means construction or complete the purchase of a line or plant, or of any extension of a line or material addition to a plant, outside the state of Wyoming;

(ii) "Public utility" shall not include any cooperative electric utility as defined in W.S. 37-17-101(a)(i) that is exempt from public service commission retail rate regulation.

37-2-206. Powers of commission; court to compel obedience to lawful orders.

The commission, commissioner or commission employee acting in the capacity of a hearing officer for the purpose mentioned in W.S. 37-1-101 through 37-3-114, and 37-12-201 through 37-12-213, may administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses and the production of papers, books, accounts, documents and testimony. If any person fails to comply with any lawful order of the commission, commissioner or commission employee acting in the capacity of a hearing officer, or any subpoena, or if any witness refuses to testify to any matter regarding which he may be interrogated lawfully, the district court of any county on application of the commission, a commissioner or commission employee acting in the capacity of a hearing officer, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify therein.

37-2-207. Attendance of witnesses, production of books.

Any party to a proceeding before the commission with the consent of the commission shall have process to enforce the attendance of witnesses, and the production of books, papers, maps, contracts, reports and records of every description affecting the subject matter of the investigation.

37-2-208. Witness fees.

Witnesses who are summoned before the commission shall be paid the same fees and mileage that are paid to witnesses in the district courts of this state. Witnesses whose depositions are taken pursuant to the provisions of this act and the magistrate or officer taking the same shall be entitled severally to the same fees as are paid for like services in the district courts of the state. All such fees shall be paid in the first instance by the party requesting the process and shall be taxed the same as costs and included in the order of the commission.

37-2-209. Plea of self-incrimination unavailable; use of testimony in criminal prosecution prohibited; exception.

No person shall be excused from testifying or from producing books, accounts and papers in any investigation or inquiry by or hearing before the commission or any commissioner, when ordered so to do, based upon or growing out of any violation of the provisions of this act, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for perjury in so testifying.

37-2-210. Depositions; rules as to hearings and investigations. The commission, or with the consent of the commission, any party to the proceedings before the commission, may, in any investigation, cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the courts of this state. All hearings and investigations before the commission shall be conducted under such rules as the commission may prescribe and adopt.

37-2-211. Minutes of hearings; parties entitled to transcripts.

The minutes of all hearings had before or by the commission shall be kept, and shall include the names of all persons who appear and witnesses who are sworn, with the identification of any documentary evidence produced. Parties to any proceeding before the commission shall be entitled to transcripts of the testimony taken in such proceedings, subject to such reasonable rulings and regulations as the commission may prescribe.

37-2-212. Orders to be in writing; opinions to be published.

Every order of the commission shall be in writing and in cases of importance may be accompanied by an opinion setting forth in brief the facts on which the commission has based its order. The commission shall provide for the publication from time to time and for the assembling of its opinions and orders.

37-2-213. Orders effective within 30 days; notice to parties; amendment or annulment of order.

Unless a different time is prescribed by the commission, every order of the commission shall be effective within thirty (30) days after the service thereof. Straightway after the entry of record of any order of the commission, notice thereof shall be given to every party required to obey the order. At any time after the entry thereof the commission in the manner provided for the making thereof may alter, amend, annul or otherwise modify any order.

37-2-214. Rehearing.

At any time after an order has been made by the commission any person interested therein may apply for a rehearing in respect to any matter determined therein and the commission shall grant and hold a rehearing if in its judgment sufficient reason therefor be made to appear, which rehearing shall be subject to rules as the commission may prescribe. Applications for rehearing shall stay the effect of any order or decision of the commission only as to the portion of the order addressed in the rehearing application until the commission denies the application or enters an order following rehearing, whichever last occurs, provided, however, that upon the request of any party and a showing of good cause therefor, the commission may vacate the stay and allow the order or decision to remain in effect. An order or decision made after the rehearing vacating, amending or modifying the original order or decision shall not, as to the matter considered on rehearing, be open to a further application for rehearing, and shall have the same force and effect as the original order or decision.

37-2-215. Prosecution of violations.

Whenever the commission shall be of the opinion that any public utility is failing or omitting, or is about to fail or omit to do anything required of it by this act, or by any order of the commission, or is doing anything or is about to do anything or permit anything to be done contrary to or in violation of the provisions of this act, or of any order of the commission, it may begin and prosecute in any district court of this state an appropriate action in law or in equity to remedy or to prevent such real or proposed violation.

37-2-216. Venue.

All provisions of the law of this state relating to venue shall apply to proceedings under this act, and in addition any action at law or in equity to enforce the provisions of this act, or of any order of the commission, or to prevent any proposed violation thereof, may be commenced in the district court in and for the county in which the principal office of the commission is located or in the county where the principal office in the state of the public utility is located.

37-2-217. Jurisdiction.

All provisions of the laws of this state prescribing the duties and jurisdiction of the courts thereof shall apply to this act, and in addition it shall be the duty of the district court of the county in which the commission has its principal office to entertain and determine all actions commenced under the provisions of this act, or of any order of the commission by mandamus, or by injunctions, or by any other appropriate remedy. 37-2-218. Refund of excess charges.

Whenever any public utility shall charge, collect or receive any rate or rates in excess of the rates fixed in the schedule of charges then in force, as provided in this act, it shall be the duty of such public utility straightway to refund to the person paying such excessive rates the difference between the lawful rates fixed in such schedule and the rates so charged, collected or received.

37-2-219. Who may appeal commission decision or action; manner and extent of appeal.

Any party in interest or any person or party authorized under W.S. 37-2-118, to file an original complaint before the commission, may appeal from a final decision or other commission action or inaction, in the same manner, and to the same extent, as provided by the Wyoming Administrative Procedure Act.

37-2-220. Process, evidence as in civil actions.

In all actions and proceedings in court arising under this act, all processes shall be served and the practice and rules of evidence shall be the same as in civil actions or in suits in equity, except as otherwise herein provided. Every sheriff or other officer empowered to execute civil process shall execute any process issued under the provisions of this act and shall receive such compensation therefor, as may be prescribed by law for similar services.

37-2-221. Injunction.

No injunction shall issue suspending or staying any order of the commission, except upon application to the district court in and for the county in which the commission has its principal office, or the presiding judge thereof, or the federal court or judge having jurisdiction there, and upon notice to the commission and hearing.

37-2-222. Undercharges for electricity and gas; collection permitted; restrictions.

(a) Whenever a public utility supplying gas, natural gas or electricity has undercharged any customer as the result of a meter or metering inaccuracy or other continuing problem under its control, the utility may only bill the customer for the amount of the unmetered gas or electricity rendered in the one hundred eighty-three (183) days immediately prior to the date the utility remedies the meter inaccuracy. The maximum portion of the undercharge for unmetered gas or electricity rendered that may be recovered from the customer in any billing month shall be determined by dividing the amount of the undercharge by twelve (12) and the quotient is the maximum portion of the undercharge that the utility may, subject to subsection (c) of this section, recover from the customer in any billing month, in addition to either regular monthly charges of any type or regular level payment amounts billed in accordance with an agreement between the customer and the utility. Subject to subsection (c) of this section, the time period over which the undercharge may be collected shall be twelve (12) consecutive months.

(b) No utility shall recover any interest charge, service charge or fee, whether or not a percentage is utilized for its computation, for billings made pursuant to this section.

(c) Nothing in this section shall be construed to prevent the customer from paying an undercharge or any portion thereof in a time shorter than that stated in this section. Nothing in this section shall be construed to prevent a gas, natural gas or electric utility from collecting an undercharge or any portion thereof in a time longer than that stated in this section.

(d) A gas, natural gas or electric utility may not collect any amount otherwise permitted to be collected under this section unless the utility, in the first bill the purpose of which is to collect the amount for unmetered gas or electric service, states the entire amount that it seeks to collect.

(e) No gas, natural gas or electric utility required to follow this section in order to collect an undercharge from a customer may shut off the service of the customer except for safety reasons, except in the event of a request by the customer and except to enforce a shut-off provision in its filed tariffs with the commission that is triggered by nonpayment by a customer of a lawfully owing past due amount.

(f) This section does not apply to any act that is an offense under W.S. 37-12-111 through 37-12-118, or where a physical act of a customer or its agent causes inaccurate or no recording of the meter reading or inaccurate or no measurement of the gas or electricity rendered. ARTICLE 3 - TELEPHONE ASSISTANCE PROGRAM

37-2-301. Repealed by Laws 2015, ch. 54, § 2.

37-2-302. Repealed by Laws 2015, ch. 54, § 2.

37-2-303. Repealed by Laws 2015, ch. 54, § 2.

37-2-304. Repealed by Laws 2015, ch. 54, § 2.

37-2-305. Repealed by Laws 2015, ch. 54, § 2.

37-2-306. Repealed by Laws 2015, ch. 54, § 2.

ARTICLE 4 - CONSUMER ADVOCATE

37-2-401. Office of consumer advocate created; purpose.

The office of consumer advocate is created as a separate division within the public service commission. The office of consumer advocate shall represent the interests of Wyoming citizens and all classes of utility customers in matters involving public utilities. In the exercise of its powers the office of the consumer advocate shall consider all relevant factors, including, but not limited to, the provision of safe, efficient and reliable utility services at just and reasonable prices.

37-2-402. Consumer advocate; powers and duties.

(a) The consumer advocate shall have the power to:

(i) Act as a party in any proceeding before the commission, with the same rights and subject to the same obligations and requirements and limitations on ex parte communications, including confidentiality requirements, as other parties to the proceeding;

(ii) Appeal actions of the commission in accordance with W.S. 37-2-219;

(iii) Seek permission to appear as amicus curiae in any court proceeding in order to accomplish the purposes specified in this article; (iv) Provide information and assistance to individual consumers regarding proceedings within the jurisdiction of the commission.

(b) In any commission docketed case initiated by the regulated company in which the consumer advocate is a party, the consumer advocate shall have the same access to books, maps, contracts, reports and records of every description as the commission. For all other instances, the consumer advocate shall have the same access as other parties.

(d) The consumer advocate may enter into stipulations with other parties in any proceeding to balance the interests of those it represents with the interests of the public utilities as means of minimizing the weaknesses of the adversarial process, improving the quality of resulting decisions in a highly technical environment and minimizing the cost of regulation.

(e) In any case where the office of consumer advocate does not intervene, the commission shall have the authority to authorize its staff to participate as a party before the commission. The commission shall exercise this authority not later than five (5) business days following the deadline for any intervention.

37-2-403. Consumer advocate; administrator and staff.

The administrative head of the division shall be an administrator appointed by the governor with senate confirmation. The administrator shall employ and supervise personnel as authorized by legislative appropriation. Except as provided in W.S. 37-2-404 the employees of the office of consumer advocate shall not be supervised or directed by the commission.

37-2-404. Consumer advocate; funding and expenses.

(a) Funding for the office of consumer advocate shall be included in the commission's budget and collected through the utility assessment. Incidental administrative and clerical services for the office of consumer advocate shall be provided by the commission. The commission shall decide all matters of shared administrative and clerical personnel. (b) Repealed by Laws 2021, ch. 62, § 1.

CHAPTER 3 – RATES, INTERCHANGE OF SERVICES AND SAFETY

ARTICLE 1 - IN GENERAL

37-3-101. Rates to be just, reasonable and uniform; exceptions.

All rates shall be just and reasonable, and all unjust and unreasonable rates are prohibited. A rate shall not be considered unjust or unreasonable on the basis that it is innovative in form or in substance, that it takes into consideration competitive marketplace elements or that it provides for incentives to a public utility. Except as otherwise provided in W.S. 15-7-407, no public utility shall in any manner charge, demand, collect or receive from any person greater or less or different compensation for any service rendered or to be rendered by the public utility than is charged, demanded, collected or received by the public utility from any other person for a like and contemporaneous service under similar circumstances and conditions. The commission may determine that rates for the same service may vary depending on cost, the competitive marketplace, the need for universally available and affordable service, the need for contribution to the joint and common costs of the public utility, volume and other discounts, and other reasonable business practices. Nothing in this title shall prohibit any public utility from furnishing free or reduced rate service to its current or pensioned employees and dependent family members under rates approved by the commission.

37-3-102. Only prescribed rates to be charged.

No public utility shall directly or indirectly, by any device whatsoever, or in anywise, charge, demand, collect or receive from any person a greater or less or different compensation for any service rendered or to be rendered by such public utility than that prescribed in the schedules of such public utility then filed and published in the manner provided in this act, nor shall any person receive or accept any service from a public utility for a compensation greater, less or in any way different from that prescribed in such schedules.

37-3-103. Repealed by Laws 1995, ch. 192, § 3.

37-3-104. Repealed by Laws 1995, ch. 192, § 3. 37-3-105. Repealed By Laws 2012, Ch. 84, § 104.

37-3-106. Temporary suspension of rates; burden of proof; notice of rate changes; bonding; refunding of amounts collected in excess of final rates.

(a) At any hearing as provided in this act involving an increase in rates or charges sought by a public utility, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility.

(b) Unless the commission otherwise orders, no public utility shall make any change in any rate which has been duly established except after thirty (30) days notice to the commission, which notice shall plainly state the changes proposed to be made in the rates then in force, and the time when the changed rates will go into effect. The utility shall also give such notice of the proposed changes to other interested persons as the commission in its discretion may direct. All proposed changes shall be shown by filing new tariffs which shall be kept open to public inspection. When the commission establishes any rate which is innovative in fo