(a) An interexchange company not authorized to provide intrastate telecommunications service in this state on or before January 1, 1995, shall not provide intrastate interexchange telecommunications services unless it first registers with the commission. An interexchange company authorized by the commission to provide intrastate telecommunications service as of January 1, 1995, is not required to register. The form for registration shall be specified by the commission.
(b) Any interexchange company registered with the commission to provide intrastate telecommunications services shall be authorized to provide statewide services.
(c) Repealed By Laws 2007, Ch. 142, § 2.
(d) Repealed By Laws 2007, Ch. 142, § 2.
(e) Repealed By Laws 2007, Ch. 142, § 2.
(a) In addition to the powers exercised pursuant to the provisions of W.S. 37-15-408, the commission has the power to:
(i) Investigate the methods and practices of any telecommunications company;
(ii) Require any telecommunications company to conform to the laws of this state and to all rules, regulations and orders of the commission not contrary to law;
(iii) Make any rules and regulations, in accordance with the Wyoming Administrative Procedure Act, necessary for the commission to carry out its powers in this chapter, including rules objectively established and consistent with commonly accepted industry standards, where applicable standards exist;
(iv) Require reports and studies as to prices and terms and conditions of service, necessary and relevant for the commission's exercise of its authority, including those protected as trade secret or confidential based on legitimate competitive or other operational concerns;
(v) Hold hearings on complaints, or for good cause, upon notice and subject to the provisions of the Wyoming Administrative Procedure Act;
(vi) Regulate telecommunications companies only as provided for in this chapter; and
(vii) Exercise authority as expressly delegated under the Federal Communications Act of 1934, as amended.
37-15-404. Protection of telecommunications consumers.
(a) No telecommunications company shall unreasonably discriminate as to customers in prices, terms or conditions of service, or in connection to or with other telecommunications companies. Nothing in this chapter shall be construed to prohibit any telecommunications company from:
(i) Providing volume or other price discounts based on reasonable, nonpredatory business practices;
(ii) Passing through any state, municipal or local taxes to the customers in the area where the tax is levied; or
(iii) Furnishing free or reduced price service to its current or pensioned employees and dependent members of their families, as defined in the applicable price schedules on file with the commission.
(b) The commission shall not give unreasonably discriminatory or preferential treatment in its regulation of any telecommunications company.
(c) A telecommunications company providing a noncompetitive essential telecommunications service shall not discontinue providing the service without the commission's approval.
(d) A telecommunications company shall not:
(i) Fail to disclose in a timely and uniform manner information necessary for the design of equipment and services that will meet the specifications of interconnection;
(ii) Fail or refuse to provide a service or product in accordance with the telecommunications company's tariffs, price lists or contracts and within the commission's applicable rules and orders.
(e) The commission may adopt rules and regulations to provide for:
(i) The interconnection of telecommunications companies' networks at nondiscriminatory and reasonable rates, terms and conditions, including interconnection under 47 U.S.C. §§ 251 and 252;
(ii) The effective and efficient interoperability of telecommunications companies' networks;
(iii) The unbundling of services into reasonable basic network features;
(iv) The administration and allocation of phone numbers to the extent technically and economically feasible;
(v) Telephone number portability to the full extent technically feasible;
(vi) The resale and sharing of services and functions at reasonable and nondiscriminatory rates; and
(vii) Rates, terms and conditions of wholesale service.
(f) No telecommunications company shall engage in anti-competitive behavior, including, but not limited to, discrimination in favor of its affiliates.
Any person, and the commission on its own motion, may complain to the commission concerning the reasonableness of the price of any noncompetitive essential telecommunications service or any violation of W.S. 37-15-404. Any notice and hearing of any complaint shall be in accordance with the Wyoming Administrative Procedure Act and this chapter. The commission shall only set aside any price it finds after notice and hearing to be unreasonable or unreasonably discriminatory. If the commission sets aside a price as unreasonable or unreasonably discriminatory, the telecommunications company shall have sixty (60) days to file a new price which is reasonable. The company shall refund any charges found to be unreasonable as ordered by the commission. Rates or prices for noncompetitive essential telecommunications services in effect as of July 1, 2006, are deemed to be fair and reasonable.
(a) Repealed By Laws 2007, Ch. 142, § 2.
(b) Any customer, and the commission on its own motion, may complain concerning the quality of service provided by a telecommunications company for noncompetitive essential telecommunications service. A complaint shall be noticed and heard as provided for in the Wyoming Administrative Procedure Act. The commission, after notice and hearing, may direct the telecommunications company to take whatever remedial action is technically feasible and economically reasonable to provide reasonably adequate service. The commission shall authorize a telecommunications provider to recover the cost of compliance as reasonably determined by any commission order under this section.
(a) The commission shall with the input and participation of the telecommunications industry and other relevant state departments, boards and agencies prepare and issue an annual report on the status of the telecommunications industry. The report shall be based on information provided to the commission and shall include:
(i) Repealed By Laws 2007, Ch. 142, § 2.
(ii) Repealed By Laws 2007, Ch. 142, § 2.
(iii) Repealed By Laws 2007, Ch. 142, § 2.
(iv) Repealed By Laws 2007, Ch. 142, § 2.
(v) Any recommendations for legislative change which are adopted by the commission and which the commission believes are in the interest of Wyoming telecommunications customers; and
(vi) Any other information or analysis which the commission is required to provide by this title or deems necessary to provide.
(b) The commission's report shall be filed with the legislature and the governor.
W.S. 37-2-102, 37-2-104, 37-2-106 through 37-2-109, 37-2-113, 37-2-115 through 37-2-118, 37-2-124, 37-2-125, 37-2-130, 37-2-203, 37-2-205(a), 37-2-209, 37-2-214 through 37-2-216, 37-2-218, 37-3-114, 37-4-101 through 37-4-104, 37-12-120 through 37-12-130, 37-12-201, 37-12-202, 37-12-204 through 37-12-213, 37-12-301 through 37-12-304 and 37-13-101 through 37-13-137, inclusive, unless in conflict with other provisions of this chapter, are applicable to telecommunications companies and telecommunication companies shall be considered public utilities for the purposes of those provisions.
37-15-412. Unauthorized change of telecommunications
company; unauthorized services; prohibited practices; penalties.
(a) No person shall engage in any practice which has the effect of changing any Wyoming consumer's telecommunications company if the change is willfully made without the knowledge and consent of that consumer. No person shall willfully charge or attempt to collect charges from any Wyoming consumer for any product or service not provided to the consumer or not authorized by the consumer. The public service commission shall provide upon request of a Wyoming consumer, information or technical assistance regarding appropriate action for the consumer to take in order not to receive telecommunication companies solicitations.
(b) Any change in a Wyoming consumer’s telecommunications company shall be effective only if it is in compliance with any method of authorization permitted under federal law, rule or regulation, except that no negative option marketing technique shall be permitted to be used.
(c) If the chosen method is a letter of agency it shall be maintained by the new service provider. No letter of agency under subsection (b) of this section shall be effective if it is physically attached to or part of any inducement, premium, coupon or other promotional material. No letter of agency shall be effective until it is in the actual possession of the new service provider.
(d) Any consumer whose telecommunications company has been willfully changed in violation of subsection (a) of this section is not liable for payment of any unauthorized charge unless the commission determines, after conducting a public hearing on any complaint brought on the matter, that the consumer engaged in any fraudulent or deceptive practice which avoids payment for telecommunications services in connection with the unauthorized charge.
(e) A consumer is not liable for an amount charged for any unauthorized product provided or service initiated by a telecommunications company or its billing agent without the consent of the consumer. No consumer shall be liable to pay for any product not delivered or service not furnished.
(f) Restitution for violation of this section shall be as follows:
(i) The unauthorized telecommunications company shall pay all recurring and nonrecurring fees and charges necessary for the consumer to promptly reinstate service from the original telecommunications company and shall pay that company an amount equal to that which would have been due had the consumer remained with the original telecommunications company;
(ii) In addition to paragraph (f)(i) of this section, the unauthorized telecommunications company shall pay to any consumer any amount the consumer has paid to the unauthorized company for which the consumer is not liable under subsection
(d) of this section.
(g) If the commission shall determine by a preponderance of the evidence in a hearing that any person willfully has engaged in any practice which has the effect of changing any Wyoming consumer's telecommunications company without complying with the applicable provisions of this section, has charged or attempted to collect a charge for unauthorized service, or has solicited a Wyoming consumer in violation of this section:
(i) The commission may impose for each change or charge made in violation of this section an administrative penalty not to exceed one thousand dollars ($1,000.00); and
(ii) If the commission finds that the person has violated this section with such frequency as to indicate a general business practice it may also permanently revoke the authority of the company involved to provide intrastate interexchange or other telecommunications services in this state.
(h) The following are not subject to the provisions of this section:
(i) Changes in a consumer's telecommunications company or other services effected through a consolidation or merger of the consumer's current telecommunications company;
(ii) Services and corresponding charges required by law or order of the commission.
subdivision to enter exclusive agreement for provision of telecommunications service or broadband internet access service.
(a) Except as provided in subsections (b) through (d) of this section, before the governing body of any city or town or other political subdivision of this state shall provide for the construction, maintenance or operation of any telecommunications service or broadband internet access service by entering into an exclusive franchise, partnership, joint venture, contract, resale agreement or any other exclusive agreement with any party regarding telecommunications service or broadband internet access service, the city, town or other political subdivision shall:
(i) Determine, after notice and opportunity for a public hearing, that no private provider of telecommunications services or broadband internet access services, as applicable, is currently providing substantially the same or similar service anywhere within the boundaries of the city, town or political subdivision;
(ii) Have submitted a written request to all private providers of telecommunications services or broadband internet access services within the boundaries of the city, town or political subdivision for provision of the same quality and grade of telecommunications service or broadband internet access service within the same time frame and at the same consumer prices proposed under the exclusive contract;
(iii) Determine, after notice and opportunity for a public hearing that the private telecommunications service or broadband internet access service providers have not agreed within ninety (90) days of the receipt of the request submitted pursuant to paragraph (ii) of this subsection to provide the same quality and grade of service within the same time frame and at the same consumer prices as proposed under the exclusive contract, or if the provider has agreed, that the provider has not commenced providing or constructing facilities to provide the service in the manner agreed upon; and
(iv) Limit the term of any exclusive agreement under this section to not more than six (6) years.
(b) The governing body of a city or town or other political subdivision shall allow the nondiscriminatory, nonexclusive and competitively neutral use of its rights-of-way including its poles, conduits, ducts or similar support structures by any telecommunications company or broadband internet access company and nothing in this section shall be construed to the contrary.
(c) Nothing in this section shall restrict the governing body of a city or town, or other political subdivision, from providing a telecommunications service, a broadband internet access service or a related facility:
(i) For its own use;
(ii) For 911, E-911 or other emergency services;
(iii) For medical or educational purposes; or
(iv) To students by an educational institution.
(d) Nothing in this section shall be construed to restrict the governing body of a city or town or other political subdivision, from providing a telecommunications service or broadband internet access service to a party within the geographic area in which the city, town or political subdivision operates as a telecommunications utility. Any city, town or political subdivision providing a telecommunications service under this subsection shall:
(i) Provide the telecommunications service or broadband internet access service on a nondiscriminatory, nonexclusive and competitively neutral basis; and
(ii) Provide the telecommunications service or broadband internet access service at a price which covers cost, including imputed costs that the city, town or political subdivision would incur if it were a for-profit telecommunications company.
(e) Any person may complain to the commission, and the commission may on its own motion initiate an investigation, concerning any alleged violation of this section by a city, town or political subdivision, subject to the following:
(i) If the commission finds that a city, town or political subdivision has violated this section, or finds that any rule, action or order of a city, town or political subdivision is anticompetitive or otherwise violates this section, the commission shall notify the city, town or political subdivision of the violation. The city, town or political subdivision shall cure the anticompetitive behavior within ninety (90) days following mailing of notice by the commission; and
(ii) If the city, town or political subdivision does not cure the anticompetitive behavior within ninety (90) days, the commission shall commence a contested case hearing on the complaint, governed by the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq. If, following the hearing, the commission finds that the city, town or political subdivision has violated this section, the commission shall prohibit the city, town or political subdivision from providing any telecommunications service or broadband internet access service until the violation of this section is remedied.
(f) This section does not apply to any contract entered into prior to July 1, 2007.
37-15-501. Universal service fund created; contributions; administration.
(a) There is hereby established the universal service fund to be administered in accordance with this section. The fund shall be administered by the commission. All telecommunications companies shall contribute to the universal service fund. The dates for contributions to the fund and disbursements from the fund shall be set by the commission, after notice and opportunity for hearing, as necessary to accomplish the objectives of the fund as specified in subsections (c) and (d) of this section. The costs of administering the fund may be included in determining required contributions.
(b) The commission shall after notice and opportunity for hearing, designate the method by which the contributions shall be calculated, collected and distributed. The commission shall authorize a monthly charge to customers, in the amount specified by the commission, to recover each contributor's required payment to the universal service fund. Any charge related to mobile telecommunications service shall only apply if the customer's place of primary use is in this state as provided by the Mobile Telecommunications Sourcing Act, 4 U.S.C. §§ 116 to 126. The provisions of the Mobile Telecommunications Sourcing Act shall apply to this subsection.
(c) The commission shall administer the monies in the universal service fund to assist only those customers of telecommunications companies located in areas of this state with relatively high rates for noncompetitive local exchange services. Services deemed competitive under W.S. 37-15-202(a),
(c) or (d) shall not be eligible for universal service fund support under this article. The commission, after notice and opportunity for hearing, shall determine a reasonable amount and a fair method of distributing monies. The commission may authorize a credit to customer bills, in the amount specified by the commission, to reflect distributions received by the local exchange company from the universal service fund, provided that the credit is given only to one (1) line for each customer or household. The commission shall ensure that the method shall promote the emergence of competition in providing local exchange service.
(d) In accordance with the method of distribution determined by the commission, a telecommunications company shall, unless it elects to receive Wyoming universal service funds pursuant to the method set forth in subsection (g) of this section, receive funds under this section to the extent that its noncompetitive local exchange service prices, after consideration of any contributions from the federal universal service fund, exceed the price benchmark established in subsection (h) of this section.
(e) The following limitations shall be applied to operation of the universal service fund:
(i) The operation of the universal service fund may be suspended by the commission, based upon a public interest finding, after notice and an opportunity for a hearing, that the fund is not then serving its intended purpose;
(ii) In the event that distributions made pursuant to subsection (g) of this section cause total distributions from the universal service fund in any fiscal year to exceed one hundred twenty-five percent (125%) of the amount distributed in fiscal year 2013-2014, the commission shall reduce payments among those electing distributions under subsection (g) of this section, pro rata, so as to reduce the total distribution to one hundred twenty-five (125%) of the fiscal year 2013-2014 distribution amount.
(f) The commission's decisions under this section shall be subject to the provisions of the Wyoming Administrative Procedure Act.
(g) A telecommunications company that undertakes the requirements set forth in this subsection may make a one-time, irrevocable before July 1, 2023, election in writing to the commission to receive Wyoming universal service funds pursuant to this subsection rather than pursuant to subsection (d) of this section. In order to receive funds pursuant to this subsection, the company shall provide noncompetitive local exchange service, or its functional equivalent, upon reasonable request throughout the local exchange area of a rural incumbent local exchange carrier, as defined by the federal communications commission on January 1, 2015, at a price not exceeding the price benchmark established in subsection (h) of this section. A telecommunications company which elects to receive Wyoming universal service funds pursuant to this subsection shall receive funds to the extent that its loop costs, as reflected in the company's most recent annual filing of unseparated loop costs filed with the Universal Service Administration Company, exceed the company's most recent annual federal universal service funds receipts and annual local revenues. In calculating annual local revenues the commission shall utilize the imputed price benchmark established in subsection (h) of this section. If an otherwise qualified company elects to receive Wyoming universal service funds pursuant to this subsection, but does not file an annual unseparated loop cost report with the Universal Service Administration Company, it shall file the equivalent information with the commission.
(h) The price benchmark shall be thirty-five dollars ($35.00) unless otherwise adjusted by the commission pursuant to this subsection. The commission shall review the price benchmark one (1) time every four (4) years and, after review, shall adjust the benchmark as necessary to assure that it approximates one hundred thirty percent (130%) of the weighted statewide average local exchange service price. The commission may change the price benchmark at any time if, after notice and opportunity for a hearing, the commission determines that the price benchmark does not approximate one hundred thirty percent (130%) of the weighted statewide average local exchange service price and that the price benchmark should be adjusted by ten percent (10%) or more.
37-15-502. Universal service fund eligibility and distribution to carriers.
(a) Telecommunications companies which use cellular, radio spectrum or other wireless technology to provide essential services to customers who are otherwise eligible to receive universal service support pursuant to W.S. 37-15-501, may establish eligibility to receive universal service fund distributions in an amount to be determined by the commission, provided that:
(i) The telecommunications company will offer and advertise all services supported by the universal service fund throughout the entire local exchange area;
(ii) The telecommunications company will provide unlimited local calling throughout an entire local exchange area for a flat fee;
(iii) The telecommunications company's bill to the customer reflects a credit for the amount of distribution the company receives from the state universal service fund for providing services supported by the universal service fund to that customer; and
(iv) The company and services meet such additional criteria, if any, the commission, after notice and opportunity for hearing, determines are necessary. During its consideration and determination, the commission shall consider technological and competitive neutrality.
(a) As used in this chapter unless the context or a specific article otherwise requires:
(i) "Commission" means public service commission of Wyoming;
(ii) "Customer-generator" means a user of a net metering system;
(iii) "Electrical company" means any person, corporation or governmental subdivision, excluding municipalities, authorized and operating under the constitution and laws of the state of Wyoming which is primarily engaged in the generation or sale of electric energy;
(iv) "Electric cooperative" means any nonprofit, member-owned cooperative organized under the laws of the state of Wyoming and engaged in the business of distributing electric energy in the state of Wyoming;
(v) "Electric utility" means any electrical company, irrigation district or electric cooperative that is engaged in the business of distributing electricity to retail electric customers in the state;
(vi) "Irrigation district" means an irrigation district under W.S. 41-7-201;
(vii) "Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator that is fed back to the electric utility over the applicable billing period;
(viii) "Net metering system" means a facility for the production of electrical energy that:
(A) Uses as its fuel either solar, wind, biomass or hydropower;
(B) Has a generating capacity of not more than twenty-five (25) kilowatts;
(C) Is located on the customer-generator's premises;
(D) Operates in parallel with the electric utility's transmission and distribution facilities; and
(E) Is intended primarily to offset part or all of the customer-generator's requirements for electricity.
(b) A person acting as a customer-generator under this act shall not be considered a "public utility" as defined by W.S. 37-1-101.
(a) An electric utility:
(i) Shall offer to make available to each of its eligible customer-generators that has installed a net metering system an energy meter that is capable of registering the flow of electricity in two (2) directions;
(ii) May, at its own expense and with the written consent of the customer-generator, install one (1) or more additional meters to monitor the flow of electricity in each direction;
(iii) Shall not charge a customer-generator any fee or charge that would increase the customer-generator's minimum monthly charge to an amount greater than that of other customers of the electric utility in the same rate class as the customer-generator.
(a) Consistent with other provisions of this chapter, the net energy measurement shall be calculated in the following manner:
(i) The electric utility shall measure the net electricity produced or consumed during the billing period, in accordance with normal metering practices;
(ii) If the electricity supplied by the electric utility exceeds the electricity generated by the customer generator, the customer-generator shall be billed for the appropriate customer charges for that month, in accordance with W.S. 37-16-102;
(iii) If the electricity supplied by the customer-generator exceeds that supplied by the electric utility, the customer-generator shall be credited or compensated for the excess kilowatt-hours generated during the month with the kilowatt-hour credit or compensation appearing on the bill for the following month for all metered locations of customer-generators supplied by the electric utility.
(b) At the beginning of each calendar year, any remaining unused kilowatt-hour credit accumulated during the previous year shall be sold to the electric utility, at the electric utility's filed avoided cost.
(a) A net metering system used by a customer-generator shall meet all applicable safety and performance standards established by the national electrical code, the institute of electrical and electronics engineers and underwriters laboratories.
(b) The customer-generator shall at its expense provide lockable, switching equipment capable of isolating the net metering facility from the electric utility's system. Such equipment shall be approved by the electric utility and shall be accessible by the electric utility at all times.
(c) The electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering facility, or for acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.
(d) The customer-generator is responsible for all costs associated with its facility and is also responsible for all costs related to any modifications to the facility that may be required by the electric utility for purposes of safety and reliability.
(e) The commission, after appropriate notice and opportunity for comment, may adopt by regulation additional control and testing requirements for customer-generators that the commission determines are necessary to protect public safety and system reliability.
(a) As used in this article:
(i) "Electric utility" means any electrical company or electric cooperative that is engaged in the business of distributing electricity to retail electric customers in the state;
(ii) "Lighting apparatus" means any shield, cover or other device used with or on a lamp.
All electric utilities shall offer tariffs for utility provided outdoor lighting that provide an option for all electric customers to choose lighting apparatus designed to minimize light illuminating unintended areas and maintain dark skies. Rates for these lighting apparatus shall not be subsidized by revenue from other utility provided services. The commission shall have jurisdiction over the tariffs.
(a) As used in this article:
(i) "Cooperative electric utility" means any nonprofit, member-owned cooperative engaged in the business of distributing energy, including any energy related commodity currently approved under rules and regulations of the public service commission and any future energy related commodities approved by the public service commission, in the state of Wyoming;
(ii) "Member owner" means any cooperative electric utility owner that uses and pays retail rates for energy distributed by the cooperative electric utility;
(iii) "Notification" or "written notice" means publication in a newspaper of general circulation within the area served by the cooperative electric utility, or in a newsletter distributed by the cooperative electric utility, or sent with a billing statement by the utility;
(iv) "Retail rates" means the monthly facilities charge and the rates charged for any energy related commodity.
(a) Any cooperative electric utility exempt from public service commission retail rate regulation shall remain subject to this article, all other provisions of Wyoming public utility law and the authority of the commission.
(b) Nothing in this article shall be construed to alter the certificated service territory of a cooperative electric utility.
37-17-103. Procedures for exemption; exclusion from exemption provisions.
(a) The board of directors of any cooperative electric utility may adopt a resolution for exemption from public service commission retail rate regulation and submit the resolution to the member owners for a vote.
(b) A vote on exemption shall take place only during a cooperative electric utility’s annual meeting or by mail ballots returned prior to and counted at the annual meeting. Notification of a vote on the resolution shall be provided to the member owners at least thirty (30) days prior to the annual meeting.
(c) Upon an affirmative vote of a majority of the member owners voting on the resolution in person or by mail ballot, the election results shall be filed with the commission. On the date of filing, the exemption shall become effective.
(d) No cooperative electric utility that has net annual sales greater than two billion (2,000,000,000) kilowatt hours, in the previous calendar year shall be eligible for the exemption provided under this article. Any cooperative electric utility exempt under this article which exceeds the limit specified in this subsection shall return to retail rate regulation in the next calendar year.
37-17-104. Adjustment of retail rates; complaint; investigation; resolution.
(a) A cooperative electric utility exempted under W.S. 37-17-103 shall give written notice to all member owners, at least thirty (30) days prior to the effective date of any retail rate increase, including procedures for member consumers to comment on proposed rates.
(b) If within thirty (30) days following the date of mailing or publication of the notice a complaint signed by not less than five percent (5%) of the member owners in a rate class is filed with the cooperative electric utility, then a hearing shall be conducted by the utility’s board of directors, to attempt to resolve the complaint. On request by a member owner, for the exclusive purpose of preparing a complaint pursuant to this subsection, and in compliance with the cooperative's by-laws, the cooperative electric utility shall provide a list to the member owner which includes the names and contact information of all member owners included in the rate class of the requesting member owner.
(c) All retail rates adopted in accordance with this article shall be filed with the commission.
(d) If within two (2) months of final implementation of a retail rate a complaint signed by not less than five percent (5%) of the member owners in any rate class, is filed with the cooperative electric utility's board of directors, the board shall have two (2) months from the date of filing to attempt to resolve the complaint. The complaint may be filed with the commission after the expiration of this two (2) month period.
(e) Upon filing of the complaint with the commission, the commission shall investigate the rate adjustment. A complaint filed with the commission shall be resolved pursuant to commission hearing and enforcement procedures. The commission is authorized to require the utility to revise its rates if the commission finds, after investigation, that the rates are inadequate or unremunerative, or unjust, or unreasonable, or unjustly discriminatory, or unduly preferential or otherwise in any respect in violation of any provision of this article. The commission may order the revised rates to include provisions for refunds. The revised rates of the utility shall remain in effect while the rates are under appeal pending commission order.
(f) Any cooperative exempted under W.S. 37-17-103 shall apply energy retail rates equally to all member owners in the same rate class. In the event a cooperative does not apply energy retail rates equally, regardless of state boundaries, the cooperative will immediately be subject to rate regulation by the Wyoming public service commission.
37-17-105. Return to public service commission rate regulation.
(a) The board of directors of a cooperative electric utility shall hold an election on the question of returning to retail rate regulation at the next annual meeting after receiving a petition requesting the same, signed by at least five percent (5%) of the total member owners, or upon the board's own motion.
(b) A vote on returning to rate regulation shall take place only during a cooperative electric utility's annual meeting or by mail ballots returned prior to and counted at the annual meeting. Notification of a vote on the resolution shall be provided to the member owners at least thirty (30) days prior to the annual meeting.
(c) Upon an affirmative vote of a majority of the member owners voting on the resolution in person or by mail ballot, the election results shall be filed with the commission. On the date of filing, the cooperative shall return to retail rate regulation by the commission.
(a) As used in this article:
(i) "Carbon capture, utilization and storage technology" means technology that has the principal purpose of capturing, reusing, storing, sequestering or using carbon dioxide emissions to prevent carbon dioxide from entering the atmosphere whether constructed integral or adjacent to a coal fired generation facility;
(ii) "Dispatchable" means a source of electricity that is available for use on demand and that can be dispatched upon request of a power grid operator or that can have its power output adjusted, according to market needs;
(iii) "Low-carbon" means electricity that is generated while using carbon capture, utilization and storage technology that captures not less than eighteen thousand seven hundred fifty (18,750) metric tons of carbon dioxide during one (1) calendar year and that has a capture design capacity of not less than seventy-five percent (75%) of the baseline carbon dioxide production of the generation unit as specified in 26 U.S.C. § 45Q(e)(2);
(iv) "Reliable" means generated electricity that is not subject to intermittent availability.
37-18-102. Energy generation portfolio standards; reporting requirements; rate recovery and limitations.
(a) Consistent with the objective of ensuring Wyoming electric utilities maintain access to reliable and cost effective electric generation resources, the public service commission shall establish by rule energy portfolio standards that will maximize the use of dispatchable and reliable low-carbon electricity. In establishing standards, the commission:
(i) Shall require a public utility serving more than ten thousand (10,000) Wyoming electric customers to generate a specified percentage of electricity that is dispatchable and reliable low-carbon electricity from an existing coal-fired generation unit or an equivalent new coal-fueled generation unit;
(ii) Shall establish a date not later than July 1, 2033 for requiring a percentage of electricity generated by a public utility to be dispatchable and reliable low-carbon electricity taking into consideration any potentially expiring federal tax credits;
(iii) Shall establish intermediate requirements for dispatchable and reliable low-carbon electricity that public utilities must generate before the electricity generation standard established in paragraphs (i) and (ii) of this subsection;
(iv) Beginning July 1, 2024, shall require each public utility to file with the commission an annual report outlining the steps in the past calendar year the public utility has taken to determine the market for carbon dioxide from the electricity generation and to achieve the electricity generation standard established in paragraphs (i) through (iii) of this subsection. In the annual report required under this paragraph, each public utility shall, for purposes of determining the market for carbon dioxide from electricity generation, report the potential customers the public utility has contacted and any information or estimates the customers are willing to make public on the quantities of carbon dioxide they may need;
(v) Shall for each public utility:
(A) Not later than December 15, 2024, establish baseline standards for electric reliability to ensure adequate reliable dispatchable power in Wyoming. The standards established under this subparagraph may include limits on outages and shall ensure that new or expanded intermittent generation resources do not unreasonably diminish power quality or increase momentary outages across a utility's service territory or in any particular location;
(B) Require the utility to monitor and report electric reliability and power quality outcomes in integrated resource plan submissions or as otherwise directed by the commission; and
(C) Require the utility to take any steps the commission deems reasonably necessary to maintain reasonable levels of electric reliability and power quality;
(D) In considering generation facilities for inclusion in a utility's investment on which the utility is entitled to earn a rate of return, the commission may disallow the inclusion of some or all of the investment associated with nondispatchable resources if those resources do not operate as projected and require the utility to rely on more expensive sources of generation or materially contribute to a failure to comply with reliability standards.
(vi) A public utility that fails to maintain the standards established under this subsection may be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000.00) for each day that the violation persists. However, the maximum civil penalty shall not exceed one million dollars ($1,000,000.00) for any related series of violations.
(b) In addition to W.S. 37-3-117(a), the rates charged by an electric public utility shall not include any recovery of or earnings on the capital costs associated with new electric generation facilities built, in whole or in part, to replace the electricity generated from one (1) or more coal fired electric generation facilities located in Wyoming and retired on or after January 1, 2024, unless the commission determines that the public utility that owned the retired coal fired electric generation facility:
(i) Has satisfied the requirements of W.S. 37-3-117(a); and
(ii) Is achieving or has taken steps to the commission's satisfaction to achieve the electricity generation standards established under subsection (a) of this section.
(c) Subject to W.S. 37-3-117(a) and the limitation in subsection (b) of this section, the commission shall consider the following when establishing reasonable rates for a public utility working toward and achieving the electricity generation standards established under subsection (a) of this section:
(i) A public utility that generates dispatchable and reliable low-carbon electricity may apply to the commission for rate recovery of the cost of any carbon capture, utilization and storage technology used to achieve the electricity generation standards established under subsection (a) of this section, including a higher return on equity, provided that the carbon capture, utilization and storage technology is integral or adjacent to a coal fired generation facility in Wyoming;
(ii) A public utility may apply to the commission for authorization to allow a portion of any revenues from the sale of carbon dioxide captured, stored or utilized as a result of generating dispatchable and reliable low-carbon electricity to be returned to the shareholders of the public utility;
(iii) To the extent a public utility can demonstrate that it will incur incremental costs to comply with the reliable and dispatchable low-carbon energy standard, the commission shall authorize the public utility to implement a rate recovery mechanism that collects a surcharge from customers not to exceed two percent (2%) of each customer's total electric bill to provide for the recovery of the prudently incurred incremental costs to comply with the reliable and dispatchable low-carbon energy standard. A rate recovery mechanism may be authorized and established prior to the public utility incurring incremental costs to comply with the reliable and dispatchable low-carbon energy standard and the public utility may retain funds collected through a mechanism in a regulatory account approved by the commission to offset future costs. To the extent the rate recovery mechanism is insufficient to compensate the public utility for its prudently incurred incremental costs to comply with the reliable and dispatchable low-carbon energy standard, the commission shall take such actions as necessary to ensure the public utility is able to recover its prudently incurred incremental costs and customers are not charged for those incremental costs other than through the rate recovery mechanism specified in this subsection. No rate recovery shall be allowed by the commission under this paragraph after the public utility has been authorized by the commission to collect these costs through the utility's base rates or another recovery mechanism approved by the commission.
(d) The commission shall promulgate rules to ensure that public utilities are satisfactorily progressing toward achieving the dispatchable and reliable low-carbon electricity generation standard that the commission establishes as required in subsection (a) of this section and achieving reasonable electric reliability and power quality outcomes as required by subsection
(a) of this section.
(e) Beginning in 2023, and occurring every second year thereafter, the commission shall report to the joint minerals, business and economic development interim committee and the joint corporations, elections and political subdivisions interim committee regarding implementation of the electricity portfolio standards and recommend whether it should be continued, modified or repealed. To the extent the electricity portfolio standards are modified or discontinued, nothing shall impair the ability of a public utility that has incurred costs to comply with the electricity portfolio standards to recover its prudently incurred costs as authorized by the commission.
(f) Nothing in this chapter shall prevent a public utility from entering into individualized energy contracts or arrangements with large commercial or industrial customers to procure energy or capacity to meet customers' needs or from utilizing customer-specific energy portfolios pursuant to tariffs approved by the commission.