Law

Title 37 Public Utilities

Wyoming · 37 · statute

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Contents: 509 provisions

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509 provisions

37-3-105. Repealed By Laws 2012, Ch. 84, § 104.

Repealed By Laws 2012, Ch. 84, § 104.

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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 form or substance, takes into consideration competitive marketplace elements or provides for incentives to a public utility, the rate may contain any provision for subsequent notice or the absence thereof which is supported by the public interest. (c) Whenever there is filed with the commission by any public utility any application or tariff proposing a new rate or rates, the commission may, either upon complaint or upon its own initiative, initiate an investigation, hearing, or both, concerning the lawfulness of such rate or rates. Pending its decision thereon, the commission may suspend such rate or rates, before they become effective but not for a longer initial period than six (6) months beyond the time when such rate or rates would otherwise go into effect. If the commission shall thereafter find that a longer time will be required, the commission may extend the period of suspension for an additional period or periods not exceeding in the aggregate, three (3) months. (d) The public utility may file an application requesting, and the commission may order such suspended rate or rates or any portion thereof to be put into effect at any time, in which event the commission may require a bond which shall secure a refund to persons entitled thereto of the amount, if any, finally determined to be excessive. The application and the bond in terms, amount and sureties shall be subject to the commission's approval. (e) As ordered by the commission, the utility shall promptly refund to persons entitled thereto all amounts collected by it in excess of the final rates approved by the commission plus reasonable interest at a rate to be determined by the commission, and as ordered by the commission and upon such time and conditions as the commission shall specify, shall promptly pay all amounts not so refunded to the general fund of Wyoming. (f) In any case involving a proposed change in rates, the commission may permit the utility to make effective without suspension only that portion of the change which the commission may determine to be proper under the circumstances.

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37-3-107. Rates for joint service by public utilities.

When joint service is participated in by two or more public utilities the commission after hearing on complaint or on its own motion without complaint, may ascertain, determine, and fix for such services just and reasonable rates, which shall be charged, enforced, collected and observed by such public utilities.

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37-3-108. Apportionment of joint rates.

Whenever the public utilities involved shall fail to agree among themselves upon the apportionment or division of any joint rate established by the commission or ordered by the commission substituted for any joint rate found to violate any provision of this act, the commission may issue a supplemental order declaring the apportionment or division of such joint rate.

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37-3-109. Investigation of interstate rates; application for relief.

The commission may investigate all existing or proposed interstate rates, where any act under such rate shall or may take place within this state. When such rates are, in the opinion of the commission, unjust, unreasonable, unjustly discriminatory, unduly preferential or otherwise, or in any respect in violation of the provisions of the act to regulate commerce or of any other act of congress or in conflict with the rules and orders of the surface transportation board or any other department of the federal government, the commission may apply for relief by petition or otherwise to the surface transportation board or to any other department of the federal government or to any court of competent jurisdiction.

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37-3-110. Schedules of rates to be filed and available to public; forms prescribed to conform to federal forms.

Within a time to be fixed by the commission, every public utility shall file with the commission, and keep open to public inspection as this commission may direct, schedules showing all rates for every service rendered or to be rendered by it. The commission may determine and prescribe the form of the schedules required by this act to be filed with the commission and kept open to public inspection and all changes therein, and change the form from time to time if it shall be found expedient; provided, however, that in respect to public utilities subject to act of congress to regulate commerce and any amendments thereof, the commission shall have such form or forms prescribed by it conform to any similar form prescribed by the surface transportation board.

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37-3-111. Contracts to be filed; statements of free or reduced rate service required.

Every public utility shall file with the commission copies of contracts, agreements or arrangements to which it may be a party, as the commission may designate. Every public utility shall, whenever required by the commission, file with the commission statements of passes, tickets, mileage books or franks, issued by the public utility, free or at rates lower than those open to the public in general, or of other authorization of service free or at reduced rates, these statements to cover the periods of time and classes of service, and to include information connected with the issuance thereof, as the commission may prescribe.

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37-3-112. Service to be adequate and safe; regulations to

be just and reasonable; unjust discrimination or undue preference as to service prohibited. The service and facilities of every public utility shall be adequate and safe and every service regulation shall be just and reasonable. The commission shall have the authority to investigate, consider and determine standards for availability or reliability of service that are objectively established by rule consistent with commonly accepted industry standards. It shall be unlawful for any public utility to make or permit to exist any unjust discrimination or undue preference with respect to its service, facilities or service regulations. This provision shall not be construed as prohibiting a public utility from establishing classifications which distinguish among its various services, facilities or service regulations if the classifications are not unduly discriminatory among the customers in the same class of service.

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37-3-113. Interchange and transfer of messages, service and other facilities.

(a) Every public utility shall afford all reasonable, proper and equal facilities for the prompt and efficient interchange and transfer of passengers, property, cars loaded or empty, messages, service, or other facilities between the lines, plants or systems owned, operated, controlled or leased by it, and the lines, plants or systems of every other public utility, and shall make such interchange and transfer promptly without discrimination between shippers, passengers, carriers and all persons either as to compensation charged, service and facilities rendered or afforded. Every public utility operating within the state shall receive and transmit without delay or discrimination, any message, service, passenger or property or facility of or from every other similar public utility with whose line or plant or system a physical connection may have been made. But this act shall not be construed as requiring any public utility to give the use of its tracks or terminal facilities to another public utility engaged in like business. (b) Nothing in this section contained shall be construed as in anywise limiting or modifying the duty of a public utility to establish joint rates, fares and charges for the transportation of passengers, property, messages, service or other facilities over the lines, plants or systems owned, operated, controlled or leased by it and the lines, plants or systems of other similar public utility, nor as in any manner limiting or modifying the power of the commission to require the establishment of such joint rates, fares and charges, such public utilities have failed to agree upon such use or the terms or conditions of compensation for the same, the commission may by order direct that such use may be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use. Said commission however, shall not direct or sanction such joint use except in case of clear necessity.

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37-3-114. Safety standards.

(a) All instrumentalities, equipment, plant and facilities furnished, employed or used by any public utility, shall in all respects be adequate and efficient, and the construction, operation and use thereof, shall be such as shall prevent injury to property, and as shall promote the safety, health, comfort, and convenience of its patrons, employees and the public, and to this end, the commission may make rules and regulations governing the construction, maintenance and operation of telephone, telegraph, trolley, electric light and power lines hereafter built within this state, and shall by rule adopt as the standard of such construction, operation and maintenance the provisions of the current edition of the National Electrical Safety Code; provided that when electric light and power lines use Y-connected circuits with neutral conductors effectively grounded throughout their length, minimum vertical clearance of wires or neutral conductors over ground or rails shall be determined by the voltage between wires and ground, if such voltage does not exceed fifteen thousand (15,000) volts. Said commission shall also have the power to direct the manner by which all utilities shall cross public highways and other utilities and by which public highways shall cross the utilities and to prescribe methods of approach and crossing that shall secure safety to the public; provided, however, that with respect to approaches and crossings of overhead lines, the provisions of the current edition of the National Electrical Safety Code above prescribed shall apply, except as provided herein with respect to Y-connected circuits with neutral conductors effectively grounded throughout their length where the voltage does not exceed fifteen thousand (15,000) volts. At every such crossing, in case the persons interested do not themselves agree, it shall be the duty of the commission to apportion between the parties, in accordance with justice, the costs and expenses of installing and maintaining such crossings. In case expense is apportioned to be paid by a public highway the portion so to be paid by such highway shall be paid by the city or town in case the crossing line is within the boundaries of a city or town, and by the county in which the crossing is situated in case the same is not within any city or town. Provided that all such equipment, plant, and facilities shall be maintained in such working condition that will provide a minimum of interference with radio and television reception to residents and highway users in the immediate area of such equipment, plant, and facilities. (b) This section shall not be construed as creating neither prohibition nor obligation or duty of inspection or maintenance by an electric or telecommunications public utility for facilities or equipment not owned by the public utility.

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37-3-115. Rates; less expensive source of supply.

In the case of a utility furnishing natural gas, if the utility decreases its cost of natural gas, not less than ninety percent (90%) of the decrease in the cost shall be passed on to the consumer and in addition to other factors allowed by the commission in setting rates the commission may allow the utility to add to its rate not more than ten percent (10%) of the difference between its previous cost for natural gas and its new cost for natural gas.

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37-3-116. Electric utility service agreements.

(a) An electric utility may enter into a service agreement as specified in subsection (d) of this section, provided that the terms and conditions of the agreement: (i) Are expected to result in revenue to the utility in an amount that exceeds the expected cost to serve the customer's projected electric usage; (ii) Shall not result in obligating other customers for any utility investments or any direct, indirect or reasonably assigned costs related to the utility's service to the customer under the agreement. For purposes of this paragraph, investments and costs include known or reasonably ascertainable expenses for power supply, electric transmission and distribution and administrative, general, financial and other costs related to the agreement; (iii) Provide benefits to other customers without imposing additional current or future costs. (b) An electric utility shall retain for its owners any profits or losses that result from entering into an agreement with a customer pursuant to this section. (c) Regulated utilities entering into agreements under this section shall report to the commission at least once every three (3) years as to the impacts on other rate payers. (d) This section shall only apply to service agreements: (i) Between an electric utility and a customer with projected electric usage greater than five (5) megawatts; (ii) For services provided under a tariff approved by the commission consistent with its authority under W.S. 37-2-121.

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37-3-117. Limitation for recovery of costs associated with

electric generation built to replace retiring coal-fired generation facility; exemption. (a) Notwithstanding any other provision of this chapter: (i) Any electric public utility seeking to retire a coal fired electric generation facility shall first make a good faith effort to sell the facility for continued use as a coal fired electric generation facility; (ii) The rates charged by an electric public utility, other than a cooperative electric 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 generating facilities located in Wyoming and retired on or after January 1, 2022, unless the commission has determined that the public utility that owned the retired coal fired electric generation facility made a good faith effort to sell the facility to another person prior to its retirement and that the public utility did not refuse a reasonable offer to purchase the facility or the commission determines that, if a reasonable offer was received, the sale was not completed for a reason beyond the reasonable control of the public utility. (b) In determining whether the public utility made a good faith effort to sell the retired coal fired electric generation facility under this section the commission shall consider: (i) Whether the public utility provided sufficient time prior to the facility's retirement for potential purchasers to evaluate purchasing the facility; (ii) Whether the public utility used reasonable efforts to make potential purchasers aware of the opportunity to purchase the facility; (iii) Whether the public utility reasonably evaluated any offers received by the public utility for the purchase of the facility; and (iv) Any other factor deemed appropriate by the commission. (c) In determining whether an offer to purchase a coal fired electric generation facility under this section was reasonable the commission shall consider: (i) Whether accepting the offer to purchase the retired facility would have reduced costs to the public utility's customers as compared to retiring the facility; (ii) Whether accepting the offer to purchase the retired facility would have reduced risks to the public utility's customers as compared to retiring the facility including any diminished environmental remediation risks; and (iii) Whether accepting the offer to purchase the retired facility would have been in the public interest. (d) Upon application by a public utility, the commission may approve procedures for the solicitation and review of offers to purchase an otherwise retiring electric generation facility in advance of a proposed retirement. If the public utility follows the procedures approved by the commission to solicit and review offers to purchase an otherwise retiring electric generation facility under this subsection, there shall be no limitation under this section for recovery of costs or earnings associated with electric generation built to replace a retired coal fired electric generation facility. (e) Any agreement between a public utility and another person for the sale of an otherwise retiring coal fired electric generation facility shall not be effective until approved by the commission. In reviewing the agreement the commission shall consider: (i) Whether the proposed purchaser has, or has contracted for, financial, technical and managerial abilities sufficient to reasonably operate and maintain the facility; (ii) Whether the proposed purchaser has, or has contracted for, financial, technical and managerial abilities sufficient to reasonably decommission and retire the facility if and to the extent the facility is decommissioned and retired; (iii) Whether the proposed purchaser has, or has contracted for, financial, technical and managerial abilities sufficient to reasonably satisfy any environmental obligations associated with the operation, maintenance or potential retirement of the facility; (iv) If the coal fired electric generation facility is comprised of one (1) or more generation units at a larger power plant where the public utility will continue to own and operate one (1) or more generation units, whether the proposed purchaser and the public utility have made reasonable contractual arrangements for the sharing of the costs associated with any joint or common facilities at the plant; (v) Whether the proposed purchaser has agreed to reasonable terms and conditions for environmental remediation; (vi) Whether the proposed purchase agreement contains a provision allowing the public utility, with commission approval, to revoke the sale in the event the purchaser is unable to timely obtain all necessary local, state and federal permits; (vii) Whether the proposed purchase agreement contains a provision to allow the public utility, with commission approval, to revoke the sale in the event the purchaser is unable to timely enter into any necessary operational and labor agreements; (viii) Whether the proposed purchaser has agreed in the purchase agreement to obtain commission approval prior to transferring, in whole or in part, the facility to any other person so that the commission may ensure that the proposed new purchaser and the new purchase agreement meet the requirements of this section; and (ix) Any other factor deemed appropriate by the commission. (f) The requirements of this section shall not apply to an electric public utility that replaces a coal-fired electric generation facility with an advanced nuclear reactor that is operated in the state of Wyoming in accordance with W.S. 35-11-2101.

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37-3-118. Limitation for recovery of costs for replacing electric generation facilities.

(a) As used in this section, "retirement" or "retired" means as defined in W.S. 37-2-134(a)(ii). (b) Notwithstanding any other provision of this chapter but in addition to W.S. 37-3-117, the rates charged by an electric public utility shall not include any recovery of or earnings on the capital costs associated with electric generation facilities built, in whole or in part, to replace the electricity generated from a retired coal or natural gas electric generation facility that was retired on or after July 1, 2021 and for which the presumption against retirement was not rebutted by the public utility as required by W.S. 37-2-134.

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37-3-119. Apportionment of costs to Wyoming ratepayers.

In determining just and reasonable rates under this chapter for an interstate electric public utility where a portion of system costs are apportioned to Wyoming ratepayers, the public service commission shall exclude any system costs from rate determinations that do not have a benefit to ratepayers in Wyoming. Costs that may be excluded include the proportional costs associated with facilities that are built or operated primarily for the benefit of other states or entities outside of Wyoming. The public service commission may approve a reduced apportionment of costs to Wyoming ratepayers to the extent that system costs are used to serve Wyoming ratepayers but which relate to facilities that were built at a higher cost than potential alternative sources of electricity, as determined by the commission, because those alternative sources of electricity may not have met electricity service requirements established by other states or entities outside of Wyoming.

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37-3-201. Limit on natural gas storage; sale of excess;

rates; removal of gas for purposes of evading article prohibited. (a) Except as otherwise provided in subsection (b) of this section, no natural gas utility shall include in its rates any charge for any gas maintained in storage in excess of the greater of the amount of stored gas needed to create storage conditions capable of establishing delivery of two and seventy-five hundredths (2.75) times the average annual consumption of natural gas by the tariff customers of that natural gas utility for the immediately preceding three (3) calendar years except the commission may establish a lower limit on the amount of gas in storage upon which a natural gas utility can earn a rate of return or the commission may establish a higher limit on the amount of gas in storage upon which a natural gas utility can earn a rate of return if doing so will reduce rates to customers or prevent likely natural gas shortages or enable the utility to meet peaking requirements. (b) Any natural gas held in storage in excess of the limit specified in subsection (a) of this section shall be included in the gas sold to the utility's Wyoming tariff customers in a manner and at rates as determined by the commission. The commission may include in the gas to be sold to the tariff customers gas upon which no rate of return has been received provided that the inclusion is in the public interest and is requested by the utility. To the extent excess gas in storage on which a rate of return has been received is available, at least twenty-five percent (25%) of the gas sold to the tariff customers shall be from that excess storage unless the utility chooses to include a higher percentage. The utility shall be permitted to earn a rate of return on the excess gas in storage until the gas is sold to customers as provided by this subsection. (c) No natural gas may be removed from storage or from the rate base for the purposes of evading the requirements of this article. (d) No natural gas held in storage upon which the utility has earned a rate of return shall be sold outside the Wyoming service territory of the utility except by order of the commission after public hearing. (e) Any payment made pursuant to a take or pay contract for gas not taken due to any provision of this act may not be included in any natural gas tariff approved by the public service commission. (f) For the purposes of this article the public service commission may treat utilities which share storage facilities and are subsidiaries controlled by the same company as a single natural gas utility. (g) No provision of this bill shall be implemented unless the public service commission determines that such implementation will not cause increased rates for Wyoming consumers resulting from adverse federal income tax consequences. (h) No provision of this article shall be implemented unless the public service commission determines that the resulting tariff rates will be lower and more in the public interest than the tariff rates which the commission may put into effect through commission action on any pending application before the commission addressing natural gas storage.

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37-3-202. Commission duty to enforce.

(a) The public service commission shall: (i) Review the quantities of gas stored by natural gas utilities and included in the rate base of those utilities; and (ii) Bring those utilities into compliance with W.S. 37-3-201.

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37-3-203. Appeals from commission orders; refunds if orders upheld; utility duties.

(a) If any natural gas utility contests or appeals any public service commission order pursuant to this article and the order is suspended pending the prosecution of the appeal and the order is upheld in whole or in part: (i) A refund if practical shall be paid to each customer who received gas service from the original proposed effective date of the order; (ii) The refund shall be equal to the difference between the price of gas actually charged and the price that would have been charged under the order; (iii) The utility shall keep accurate, detailed records of which customers are entitled to refunds; and (iv) The refund shall be made no later than thirty (30) days after a final judgment upholding the public service commission order. Refunds shall be made pursuant to public service commission order.

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37-3-204. Repealed By Laws 2011, Ch. 52, § 1.

Repealed By Laws 2011, Ch. 52, § 1.

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37-3-205. Prohibition against recovery of cost of stored gas.

A natural gas utility shall not be permitted to recover from its customers any cost related to any natural gas in storage upon which the utility was not permitted by the public service commission to earn a rate of return.

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37-3-301. Short title.

This act shall be known and may be cited as the "Wyoming High Voltage Power Lines and Safety Restrictions Act."

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37-3-302. Definitions.

(a) As used in this act: (i) "Authorized person" means: (A) An employee of a public utility which produces, transmits or delivers electricity; (B) An employee of a public utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a public utility; (C) An employee of an industrial plant whose work relates to the electrical system of the industrial plant; (D) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments; or (E) An employee or agent of state, county or municipal agencies which have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type. (ii) "High voltage" means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground; (iii) "Overhead line" means all bare or insulated electrical conductors installed above ground; (iv) "Person" or "business entity" means those parties who contract to perform any function or activity upon any land, building, highway or other premises, excluding those parties providing emergency services including emergency rescue operations and fire protection services; (v) "Public utility" means a public utility as defined in W.S. 37-1-101(a)(vi) which owns or operates a high voltage overhead line; (vi) "This act" means W.S. 37-3-301 through 37-3-306.

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37-3-303. Activity near overhead line; safety restrictions.

(a) Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided by W.S. 37-3-304 a person or business entity, individually or through an agent or employee or as an agent or employee, shall not: (i) Require any other person to perform any act if at any time during the performance of the act it is possible that the actor could move or be moved closer to any high voltage overhead line or if it is possible that any part of any tool or material used by the actor could be moved closer to any high voltage overhead line during the performance of the act than the following clearances: (A) For lines rated fifty (50) kilovolts or less, six (6) feet of clearance; (B) For lines rated over fifty (50) kilovolts, six (6) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts. (ii) Operate any mechanical equipment or hoisting equipment or any load of equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead line than the following clearances: (A) For lines rated fifty (50) kilovolts or less, ten (10) feet of clearance; (B) For lines rated over fifty (50) kilovolts, ten (10) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.

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37-3-304. Activity in close proximity to lines; clearance arrangements; procedure; payment; notice.

(a) If any person or business entity desires to temporarily carry on any act in closer proximity to any high voltage overhead line than permitted by this act, the person or business entity responsible for performing the work shall promptly notify the appropriate public utility and shall ask the public utility for assistance. An agent or employee of the public utility shall prepare and sign a memorandum stating the public utility received a request for assistance. The person or business entity may perform the work only after developing satisfactory safety arrangements, including coordination of work and construction schedules, with the public utility. Arrangements may include placing temporary mechanical barriers to prevent contact between material, equipment or persons and the high voltage overhead lines or temporary shut down and grounding or temporary relocation or raising of the high voltage overhead lines. (b) Except where the public utility has installed lines within ten (10) feet of an existing fixture or structure the person or business entity responsible for performing the work in the vicinity of the high voltage overhead lines shall pay the public utility's actual expenses in providing safety arrangements. The public utility is not required to begin the safety arrangements until a written agreement for payment has been made. (c) The public utility shall begin the safety arrangements according to the agreement signed pursuant to subsections (a) and (b) of this section.

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37-3-305. Indemnification.

If a violation of this act results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this act is liable to the public utility for all damages to the facilities and all costs and expenses, including damages to third parties, incurred by the public utility as a result of the contact.

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37-3-306. Exemptions.

(a) This act shall not apply to: (i) Construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems; (ii) Any person lawfully occupying the land on which the high voltage overhead line is located and engaging in the regular and ordinary functions and activities of farming, ranching or other agricultural functions and activities.

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37-3-401. Definitions.

(a) As used in this article: (i) "Economic loss" means pecuniary loss, including losses resulting from medical expenses, business interruption, loss of business, property damage loss, replacement services loss, loss due to death and burial costs to the extent recovery for the loss is allowed under the laws of Wyoming; (ii) "Electric utility" means any person, including cooperative electric utilities that perform any of the functions specified in W.S. 37-1-101(a)(vi)(C), that is authorized to engage in business in Wyoming and that is primarily engaged in the generation, transmission or sale of electric energy. "Electric utility" shall not include any electric utility owned or operated by a city or town; (iii) "Wildfire" means an unplanned, unwanted fire burning within Wyoming that may impact, damage or cause harm to natural resources, agricultural resources, homes and property or that threatens lives and safety.

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37-3-402. Wildfire mitigation plans; preemption; commission authority; applicability.

(a) Nothing in this article shall be construed to limit the commission's authority to regulate utilities or promulgate rules under other provisions of this title. (b) Wildfire mitigation plans approved by the commission shall preempt any part of a local land use plan or ordinance that would impede or preclude an electric utility from implementing the wildfire mitigation plan.

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37-3-403. Electric utilities; wildfire mitigation plans; contents.

(a) Each electric utility shall prepare a wildfire mitigation plan that shall include, at a minimum: (i) A description of the electric utility's service territory and the areas within the service territory or rights-of-way that may be subject to a heightened risk of wildfire; (ii) A description of the procedures, standards and schedules that the electric utility will use to inspect and operate its transmission and distribution infrastructure, if any; (iii) A description of the procedures and standards that the electric utility will use to perform vegetation management; (iv) A description of proposed modifications, replacements and upgrades to facilities and preventative programs that the electric utility will implement to reduce the risk of its electric facilities initiating a wildfire; (v) A description of how the electric utility's wildfire mitigation strategies and policies have changed in the immediately preceding five (5) years; (vi) A description of how the electric utility will coordinate with other electric utilities regarding any shared facilities; (vii) A description of procedures and considerations for de-energizing power lines and disabling reclosers to mitigate potential fires, including: (A) The ability of the electric utility to reasonably access the proposed power line to be de-energized; (B) Balancing the risk of wildfire with the need for the continued supply of electricity to a community; (C) Any potential impact that de-energizing lines may have on the resilience of the remainder of the electric utility's transmission and distribution facilities, if any; (D) The need to provide notice to customers and the public before or as soon as practicable after de-energization; (E) Any need to communicate and coordinate with any other electric utilities that may be impacted by a de-energization and any plans to accomplish communications, including communications with transmission operators, reliability coordinators and cooperative member systems; (F) Anticipated potential impacts to public safety. (viii) A description of the procedures the electric utility intends to use to restore its electrical system in the event of a wildfire; (ix) For electric utilities whose rates are regulated by the commission, a description of the estimated incremental costs and potential associated rate impacts for the implementation of the wildfire mitigation plan, including system improvements and upgrades; (x) A description of community outreach and public awareness efforts before and during the wildfire season, particularly in areas impacted by wildfires or de-energizations; (xi) A description of potential participation with emergency coordinators, if applicable; (xii) Input from the Wyoming state forestry division of the office of state lands and investments, an association representing Wyoming rural firefighters, counties and any other appropriate federal, state or local fire entity. (b) Not later than five (5) business days after a fire mitigation plan is submitted to the public service commission for approval under W.S. 37-3-404(a), the electric utility shall provide direct notice that a wildfire mitigation plan has been filed with the public service commission to all conservation districts, municipalities and counties in the electric utility's Wyoming service territories.

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37-3-404. Wildfire mitigation plans; commission approval.

(a) An electric utility shall apply to the commission for approval of a wildfire mitigation plan. (b) Upon receiving an application for approval of a wildfire mitigation plan, the commission shall, not later than one hundred twenty (120) days after receipt, unless the commission deems it is necessary to continue the implementation of the wildfire mitigation plan for a longer period of time and the commission has entered an order confirming the continuance and stating the facts making the continuance necessary, approve the plan if the plan is reasonable, in the public interest and appropriately balances the costs of implementing the plan with the risks of a potential wildfire. For electric utilities whose rates are regulated by the commission, approval of a wildfire mitigation plan shall not automatically confer to the electric utility the right to recover the costs associated with the wildfire mitigation plan. An electric utility whose rates are regulated by the commission may seek, and the commission may authorize, cost recovery for the costs associated with implementing a wildfire mitigation plan. (c) Each electric utility shall submit subsequent or updated plans to the commission not later than every fifth year after the electric utility last submitted a plan to the commission or as ordered by the commission. The commission shall review and approve subsequent plans in accordance with subsection (b) of this section. (d) Not later than June 1 in the year following any year in which the commission approves a wildfire mitigation plan under this section, an electric utility shall file an annual report with the commission detailing the electric utility's compliance with the approved wildfire mitigation plan and shall request an order of the commission finding that the electric utility has substantially complied with the plan during the preceding year.

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37-3-405. Wildfire mitigation plans; recovery of costs.

(a) Except as otherwise provided in this section, there shall be a presumption in any civil action that the approved wildfire mitigation plan is a reasonable and prudent preparation for, and mitigation of, wildfire risk. (b) An electric utility and a landowner with an alleged wildfire related claim shall negotiate in good faith before any landowner files a civil action against the electric utility. During negotiations, an electric utility shall respond to a landowner not later than ninety (90) days after receipt of the landowner's submission of itemized damages. (c) A plaintiff may recover economic loss from an electric utility as a result of a wildfire only if the plaintiff shows one (1) or more of the following by a preponderance of the evidence: (i) The electric utility failed to substantially comply with an approved wildfire mitigation plan, and that failure was the actual and proximate cause of the damages to the plaintiff. For purposes of this paragraph, an electric utility shall be deemed to have substantially complied with the wildfire mitigation plan if the electric utility attempted in good faith to comply with the plan but was denied or unreasonably delayed access to a right-of-way after the electric utility requested access to the right-of-way to perform vegetation management or fire mitigation work in accordance with the plan and the denial or delay was a proximate cause of the damages to the plaintiff. A denial or delay shall not be deemed a proximate cause of the damages unless the electric utility made reasonable efforts to enforce their easement access rights within a reasonable time; (ii) The electric utility acted with gross negligence, malice or criminal intent, and the electric utility's action was the actual and proximate cause of the damages to the plaintiff. (d) The following shall apply in any civil action filed under subsection (c) of this section that any plaintiff brings against an electric utility for damages caused by wildfire: (i) An action against an electric utility for damages caused by a wildfire shall be brought not later than four (4) years after the date of the ignition of the wildfire; (ii) A plaintiff may recover economic losses; (iii) No plaintiff shall recover noneconomic damages unless the plaintiff's claim is based on the injury or death of any person in a wildfire; (iv) Nothing in this section shall be construed to limit any defenses that an electric utility may be entitled to raise in a civil action for damages caused by wildfire. (e) Nothing in this section shall be construed to apply to any action against an electric utility for: (i) Any act or omission taken by the electric utility that is not addressed or covered in the electric utility's wildfire mitigation plan; (ii) Any act or omission taken by the electric utility that causes damages or losses not caused or created by a wildfire.

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37-4-101. Citation.

This act shall be known, and may be cited as, the "Transmitting Utility Act."

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37-4-102. Definitions.

(a) When used in this act, the following words, terms and phrases shall have the meaning prescribed to them in this section: (i) "Transmitting utility" means any corporation or other business entity primarily engaged, pursuant to rights or franchises issued by a state or federal regulatory body, in the railroad or street railway business, the telephone or telegraph business, the transmission of oil, gas or petroleum products by pipeline, or the transmission or the production and transmission of electricity, steam, gas or water; (ii) "Uniform Commercial Code" means chapter 219, Session Laws of Wyoming, 1961, as amended.

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37-4-103. Filing security interests.

(a) If filing is required under the Uniform Commercial Code, the proper place to file in order to perfect a security interest in personal property or fixtures of a transmitting utility is in the office of the secretary of state. (b) When the financing statement covers goods of a transmitting utility which are or are to become fixtures, no description of the real estate concerned is required. (c) A security interest in rolling stock of a transmitting utility may be perfected either as provided in section 20(c) of the Interstate Commerce Act or by filing a financing statement pursuant to the Uniform Commercial Code as provided in subsection (a).

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37-4-104. Effect on Uniform Commercial Code and other laws.

Unless displaced by the specific provisions of this act, the Uniform Commercial Code and other applicable laws remain in full force and effect and supplement the provisions of this act.

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