Chapter 17 - Rate Regulation Of Cooperative Electric Utilities
CHAPTER 17 - RATE REGULATION OF COOPERATIVEELECTRIC UTILITIES
37-17-101. Definitions.
(a) As used in this article:
(i) "Cooperative electric utility" means anynonprofit, member-owned cooperative engaged in the business of distributingenergy, including any energy related commodity currently approved under rulesand regulations of the public service commission and any future energy relatedcommodities approved by the public service commission, in the state of Wyoming;
(ii) "Member owner" means any cooperative electricutility owner that uses and pays retail rates for energy distributed by thecooperative electric utility;
(iii) "Notification" or "written notice"means publication in a newspaper of general circulation within the area servedby the cooperative electric utility, or in a newsletter distributed by thecooperative electric utility, or sent with a billing statement by the utility;
(iv) "Retail rates" means the monthly facilitiescharge and the rates charged for any energy related commodity.
37-17-102. Retail rate regulation; exemption.
(a) Any cooperative electric utility exempt from public servicecommission retail rate regulation shall remain subject to this article, allother provisions of Wyoming public utility law and the authority of thecommission.
(b) Nothing in this article shall be construed to alter thecertificated service territory of a cooperative electric utility.
37-17-103. Procedures for exemption; exclusion from exemptionprovisions.
(a) The board of directors of any cooperative electric utilitymay adopt a resolution for exemption from public service commission retail rateregulation and submit the resolution to the member owners for a vote.
(b) A vote on exemption shall take place only during acooperative electric utility's annual meeting or by mail ballots returned priorto and counted at the annual meeting. Notification of a vote on the resolutionshall be provided to the member owners at least thirty (30) days prior to the annualmeeting.
(c) Upon an affirmative vote of a majority of the member ownersvoting on the resolution in person or by mail ballot, the election resultsshall be filed with the commission. On the date of filing, the exemption shallbecome effective.
(d) No cooperative electric utility that has net annual salesgreater than two billion (2,000,000,000) kilowatt hours, in the previouscalendar year shall be eligible for the exemption provided under this article. Any cooperative electric utility exempt under this article which exceeds thelimit specified in this subsection shall return to retail rate regulation inthe 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 adjustment, includingprocedures for member consumers to comment on proposed rates.
(b) If within thirty (30) days following the date of mailing orpublication 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 electricutility, 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 theexclusive purpose of preparing a complaint pursuant to this subsection, and incompliance with the cooperative's by-laws, the cooperative electric utilityshall provide a list to the member owner which includes the names and contactinformation of all member owners included in the rate class of the requestingmember owner.
(c) All retail rates adopted in accordance with this articleshall be filed with the commission.
(d) If within two (2) months of final implementation of aretail rate a complaint signed by not less than five percent (5%) of the memberowners in any rate class, is filed with the cooperative electric utility'sboard of directors, the board shall have two (2) months from the date of filingto attempt to resolve the complaint. The complaint may be filed with thecommission after the expiration of this two (2) month period.
(e) Upon filing of the complaint with the commission, thecommission shall investigate the rate adjustment. A complaint filed with thecommission shall be resolved pursuant to commission hearing and enforcementprocedures. The commission is authorized to require the utility to revise itsrates if the commission finds, after investigation, that the rates areinadequate or unremunerative, or unjust, or unreasonable, or unjustlydiscriminatory, or unduly preferential or otherwise in any respect in violationof any provision of this article. The commission may order the revised rates toinclude provisions for refunds. The revised rates of the utility shall remainin effect while the rates are under appeal pending commission order.
(f) Any cooperative exempted under W.S. 37-17-103 shall applyenergy retail rates equally to all member owners in the same rate class. Inthe event a cooperative does not apply energy retail rates equally, regardlessof state boundaries, the cooperative will immediately be subject to rateregulation 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 utilityshall hold an election on the question of returning to retail rate regulationat 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 theboard's own motion.
(b) A vote on returning to rate regulation shall take placeonly during a cooperative electric utility's annual meeting or by mail ballotsreturned prior to and counted at the annual meeting. Notification of a vote onthe resolution shall be provided to the member owners at least thirty (30) daysprior to the annual meeting.
(c) Upon an affirmative vote of a majority of the member ownersvoting on the resolution in person or by mail ballot, the election resultsshall be filed with the commission. On the date of filing, the cooperativeshall return to retail rate regulation by the commission.