Wyo. Code R. 023 | Wyoming Administrative Rules 023 — Public Service Commission

214 Public Service Commission Rules

Chapter 1 Authority and Definitions

Wyo. Code R. 023.0002.1.11082024 § 1 Authority

These Rules are promulgated pursuant to the Wyoming Administrative Procedure Act, Wyoming Statute §§ 16-3-101 through 16-3-115 and Chapters 1, 2, 3, 6, 12, 15, 16 and 17 of Title 37 of the Wyoming Statutes.

History

Effective 2024-11-08

Wyo. Code R. 023.0002.1.11082024 § 2 Conformance with Revised Commission Rules and Regulations

If a change to the Commission's Rules and Regulations renders a utility's tariff non-conforming, the utility shall file a conforming tariff within 90 days of the effective date of the change to the Commission's Rules and Regulations unless otherwise ordered by the Commission.

History

Effective 2024-11-08

Wyo. Code R. 023.0002.1.11082024 § 3 Definitions

(a) The following definitions shall apply to Chapters 2 and 3:

(i) Advertising: the commercial use, by an electric or gas utility, of any media, including but not limited to newspaper, printed matter, radio, television, and internet in order to transmit a message to a substantial number of members of the public or to such utility's consumers;

(ii) ANSI: American National Standards Institute;

(iii) Appearances before the Wyoming Public Service Commission:

(A) Individuals may appear on their own behalf;

(B) A partnership may appear by a partner;

(D) A municipality or a municipal council may appear by an officer, council member or full-time employee;

(E) An unincorporated association may appear by any bona fide general officer or full-time employee;

(F) Any party to a proceeding may appear and be represented by an attorney at law admitted to practice in Wyoming and an active member of the Wyoming State Bar. Other attorneys shall comply with the Uniform Rules for District Courts of the State of Wyoming Rule 104 prior to entry of an appearance;

(iv) Applicant: any public utility or person seeking the whole or part of any Commission permit, certificate approval, registration or similar approval, the grant or denial of which is required by law to be determined by the Commission;

(v) ASME: American Society of Mechanical Engineers;

(vi) Authorized person: an individual possessing the legal power to commit a person or municipality, including, but not limited to, a binding agreement, payment authority, revenue authority, spending authority or indebtedness authority. This includes any authority delegated by an authoritative body (such as a board of directors) to organizational positions (such as president, managing director or manager), appointing them as agents of the organization for general or specific purposes;

(vii) AWWA: American Water Works Association;

(viii) Baseline standards for electric reliability: means the System Average Interruption Duration Index (SAIDI), the System Average Interruption Frequency Index (SAIFI), and the Momentary Average Interruption Frequency Index (MAIFI): (1) specific to each utility; and (2) including major events and without major events.

(ix) Case: means any matter docketed by the Commission from the time of the initial filing or action instituting the case through the final order, future ordered action and the appeal process;

(x) CBA: Commodity Balancing Account;

(xi) Class 1 Location: any location that has 10 or fewer buildings intended for human occupancy within 660 feet of the pipeline in a running mile;

(xii) Class rate: a rate which applies on any one or more of various articles according to the class rating to which they are assigned in a classification or tariff of exceptions thereto or in the class rate tariff;

(xiii) Classification: a publication containing a list of articles or commodities and the class ratings to which they are assigned for the purpose of applying class rates, together with governing rules and regulations;

(xiv) Coal Fired Electric Generation Facility: One or more units of an electric generation facility located within the State of Wyoming that is owned or operated in whole or in part by a public utility other than a cooperative electric utility and that uses coal as its primary fuel source.

(xv) Commencing construction: any excavation or physical placement of fixed facilities, but does not mean work done for the purpose of studying or testing possible facility locations;

(xvi) Commission and Commissioner: the Public Service Commission of Wyoming or a member thereof respectively;

(xvii) Commission's Authorized Interest Rate: a rate that will be computed from the arithmetic mean of the following: (1) the bank prime loan rate at the close of business on the last business day of September, also as published by the Federal Reserve economic data and (2) the arithmetic mean of the twelve monthly one-year U.S. Treasury constant maturity rates for the previous twelve-month period ending on the last business day of September, as published by the Federal Reserve economic data. The Commission will provide notice of the assigned interest rate by November 30th of each year. The Commission's Authorized Interest Rate shall be in effect for the following calendar year, beginning January 1st and ending December 31st;

(xviii) Complainant: any party as defined in (a)(xlii) below complaining to the Commission of anything, actual or proposed, done or omitted to be done in violation of the Wyoming Public Utilities Act or of an order, rule or regulation of or authorized by the Commission;

(xix) DEQ: Wyoming Department of Environmental Quality;

(xx) Eligible Retail Customer: A customer who (1) is located in the existing service territory of that utility; (2) has more than one megawatt average demand at each individual meter; and (3) takes service at a primary or transmission voltage level.

(xxi) Electric reliability: means the following standards established by the Institute of Electrical and Electronics Engineers (IEEE) in IEEE Std 1366: (1) the System Average Interruption Duration Index (SAIDI); (2) the System Average Interruption Frequency Index (SAIFI); and (3) the Momentary Average Interruption Frequency Index (MAIFI).

(xxii) EPA: United States Environmental Protection Agency;

(xxiii) FCC: United States Federal Communications Commission;

(xxiv) FERC: Federal Energy Regulatory Commission;

(xxv) Financial condition: includes the following information and, where practical, may be presented in the manner prescribed in the Uniform System of Accounts for the FERC, FCC, RUS, NARUC or in such manner as may hereafter be prescribed by the Commission:

(A) The amount and class of stock authorized by the certificate of incorporation and by any other authority;

(B) The amount and classes of stock issued and outstanding;

(D) A brief description of each mortgage upon any property of the applicant, giving date of execution, name of mortgagor, the name of the mortgagee or trustee, the amount of indebtedness authorized to be secured thereby, the amount of indebtedness actually accrued, the amount of principal outstanding, the amount of interest due and unpaid and a brief description of the mortgaged property;

(E) The number and amount of bonds authorized and issued, giving the name of the issuing company, describing each class separately, giving the date of issue, par value, rate of interest, date of maturity and how said bonds are secured. If convertible debentures are authorized or outstanding, the date when the conversion privilege accrues and expires and the securities into which, and the rates at which conversion may be made, shall be given;

(F) Other indebtedness, giving name of classes and describing security, if any;

(G) The amount of interest paid during the previous calendar year and the rate thereof. If different rates were paid, give the amount paid at each rate;

(H) The rate and amount of dividends paid upon each class of stock during the previous five years; and,

(J) A detailed income statement and balance sheet for the latest calendar year.

(xxvi) Good utility practice: any of the practices, methods and acts engaged in or generally approved by the utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment, in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability and safety. Good utility practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the industry.

(xxvii) IEEE: Institute of Electrical and Electronics Engineers;

(xxviii) IEC: International Electrotechnical Commission;

(xxix) Incremental cost: As used in W.S. §§ 37-18-101 and -102, the net difference between a utility's cost to comply with the reliable and dispatchable low-carbon energy standard and the reasonable and prudent costs that the utility would have incurred but for the reliable and dispatchable low-carbon energy standard, as determined prior, but close in time to the investment decision.

(xxx) Independent Evaluator: an independent, experienced and knowledgeable person engaged by a public utility to assist the Commission in reviewing the utility's plan and oversee the process for soliciting buyers of an otherwise retiring Coal Fired Electric Generation Facility. The Independent Evaluator will assist the Commission by reviewing offers from prospective buyers of an otherwise retiring Coal Fired Electric Generation Facility, assessing the utility's efforts to sell the Coal Fired Electric Generation Facility, and assessing the technical, financial and managerial ability of the proposed purchaser to own and operate the facility, and to decommission and retire the facility and remediate the site.

(xxxi) Institutional advertising: any advertising solely intended to enhance the customer's image of the utility;

(xxxii) Intermittent availability: as used in the definition of "reliable" at W.S. § 37-18-101(a)(iv), an electric generation facility has "intermittent availability" if, under standard operating conditions, it is incapable of generating electricity under each of the following requirements: (1) carrying spinning reserves in compliance with NERC standards; (2) providing inertial response to disturbances on the interconnected electric transmission system; (3) providing continuous electrical current to the interconnected bulk transmission system at a nominal 60Hz, excluding periods of normal maintenance and repair; and (4) maintaining voltage within Western Electricity Coordinating Council standards.

(xxxiii) Intervenor: any person or entity affected by any application, petition, formal complaint or motion filed with the Commission, who files an intervention petition in Commission proceedings involving the same, when admitted by the Commission, and means the Office of Consumer Advocate, upon filing a Notice of Intervention;

(xxxiv) ISO: International Organization for Standardization;

(xxxv) IRP: Integrated Resource Plan;

(xxxvi) Joint rate: a rate that applies over the lines of two or more carriers made pursuant to arrangement or agreement between such carriers and evidenced by concurrence or power of attorney;

(xxxvii) Local rate: a rate that applies over the lines of one carrier only;

(xxxviii) Main: a distribution line that serves as a common source of supply for more than one telecommunications service line;

(xxxix) Maintenance power: electric energy or capacity supplied by an electric utility during scheduled outages of the qualifying facility;

(xl) Major event: an event that exceeds reasonable design or operational limits of the electric power system as defined by IEEE Std 1366;

(xli) Major utility facility:

(A) An electric generating plant and associated facilities, utilizing any source of energy;

(B) An electric transmission line or an electric distribution line of more than three miles, designed for operation at 69 kV or above;

(D) A natural or manufactured gas transmission pipeline, a natural or manufactured gas processing plant, a natural or manufactured gas compressor station or a natural or manufactured gas storage system, any part of which is designed for or capable of transporting or storing natural or manufactured gas at pressures in excess of 125 pounds per square inch gauge for a distance of greater than three miles in length in Class 1 Locations not designated as a High Consequence Area or one mile in length in all other locations;

(E) A crude oil trunk transmission line, a liquid petroleum or refined products trunk transmission line or associated processing or pumping facilities, any part of which is designed for or capable of processing or transporting crude oil, liquid petroleum or refined products, excluding well head facilities;

(F) A coal gasification plant and associated facilities or a plant and associated facilities for in situ utilization of coal for gas;

(G) A major water transmission line, water pumping station, water storage facilities or water diversion facilities, not including construction accomplished in the regular course of business.

(xlii) NARUC: National Association of Regulatory Utility Commissioners;

(xliii) NEC: National Electric Code;

(xliv) NERC: North American Electric Reliability Corporation;

(xlv) NESC: National Electrical Safety Code;

(xlvi) NIST: National Institute of Standards and Technology;

(xlvii) Party: each public utility, person, agency, partnership, corporation, other legally recognized business entity, unincorporated association, group, the Office of Consumer Advocate, the Wyoming Attorney General or his representative, or Commission staff member assigned by the Commission to assert or have an adversary position, named or admitted as an applicant, complainant, intervenor, defendant or respondent in any proceeding before the Commission or any person or entity properly seeking and entitled as of right to be admitted as a party. However, nothing in these Rules shall prevent the Commission, upon its own motion for good cause shown, from allowing any interested person or entity to appear in any proceedings before the Commission, whether or not such a person or entity shall have been granted permission to intervene;

(xlviii) Person: includes individuals, associations of individuals, firms, partnerships, companies, corporations, their lessees, trustees, or receivers, appointed by any court whatsoever in the singular number, as well as the plural;

(xlix) PHMSA: Pipeline and Hazardous Materials Safety Administration;

(l) Point of delivery: the outlet point where the utility's service facilities are connected with the customer's facilities, unless otherwise altered by service contract. If the utility's facilities are connected with the customer's facilities at more than one point, each connecting point shall be considered a separate point of delivery, unless the additional connecting points are made by the utility for its sole convenience in supplying service. Additional service of a different type supplied by the utility shall also be considered a separate point of delivery;

(li) Political advertising: any advertising for the purpose of influencing public opinion with respect to legislative, administrative or electoral matters, or with respect to any controversial issue of public importance;

(lii) Power quality: suitability of the power delivered to customers for its intended purpose as measured by comparison to accepted industry standards applicable to (1) the quality of steady-state power, including voltage magnitude and balance, voltage and current distortion, and repetitive voltage fluctuations; and (2) the quality of power during disturbances, including infrequent voltage fluctuations, voltage sags and swells caused by short circuits and voltage transients.

(liii) Presiding officer: the presiding member of the Commission or Commission employee designated by the Commission to conduct a specific public hearing in matters before the Commission;

(liv) Promotional advertising: any advertising for the purpose of encouraging any person to select or use the service or additional service of an electric or gas utility or the selection or installation of any appliance or equipment designed to use such utility's service;

(lv) Proportional rate: a rate published to apply only on traffic originating beyond the point from which such rate applies, destined beyond the point to which such rate applies or originating and destined beyond the points from and to which contain proportional rates;

(lvi) Protestant or Proponent: any person or entity objecting to or supporting an application or petition which the Commission may have under consideration. Protestants or proponents may file written comments or make oral presentations in a contested case which will alert the Commission to issues to be considered. However, such action will not serve to make the protestant or proponent an intervenor. Any protestant or proponent desiring to be an intervenor shall petition to intervene. Protestants or proponents shall be subject to cross-examination as provided in the Wyoming Administrative Procedure Act;

(lvii) PURPA: Public Utilities Regulatory Policies Act of 1978, as amended;

(lviii) Real gas law: P = pressure, in psia; V = volume; T = temperature, degrees Rankine; Z = gas compressibility factor;

(lix) Respondent: any person subject to the jurisdiction of the Commission to whom an order or notice is issued by the Commission; and any person subject to the laws, rules, regulations and orders administered or promulgated by the Commission against whom any complaint is filed;

(lx) RUS: Rural Utilities Service;

(lxi) Service line: a distribution line that transports gas from a common source of supply to the connection to a customer's piping, where it first enters the building wall or to the building wall or roof top or other exterior connection;

(lxii) SIRT: Service Interruption Reporting Telephone

(lxiii) Through rate: the total rate from point of origin to destination. It may be a local rate, a joint rate or a combination of separately established rates;

(lxiv) TIER: Times interest earned ratio;

(lxv) Utility: a public utility as defined by W.S. § 37-1-101(a)(vi);

(lxvi) WAPA: Wyoming Administrative Procedure Act (W.S. §§ 16-3-101 through 16-3-115). All references therein to the "court" shall be deemed to refer to the Commission;

(lxvii) WECC: Western Electricity Coordinating Council; and

(lxviii) W.R.C.P.: Wyoming Rules of Civil Procedure. All references therein to the "court" shall be deemed to refer to the Commission.

(b) PURPA Definitions: Public Utilities Regulatory Policies Act. Terms defined in PURPA shall have the same meaning for purposes of these Rules as they have under PURPA and the Rules of the FERC issued in Docket No. RM79-55:

(i) Avoided costs: the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source;

(ii) Back-up power: electric energy or capacity supplied by an electric utility to replace energy ordinarily generated by a facility's own generation equipment during an unscheduled outage of the facility;

(iii) Interconnection costs: the reasonable costs of connection, switching, metering, transmission, distribution, safety provisions and administrative costs incurred by the electric utility directly related to the installation and maintenance of the physical facilities necessary to permit interconnected operations with a qualifying facility, to the extent such costs are in excess of the corresponding costs which the electric utility would have incurred if it had not engaged in interconnected operations but instead generated an equivalent amount of electric energy itself or purchased an equivalent amount of electric energy or capacity from other sources. Interconnection costs do not include any costs included in the calculation of avoided costs;

(iv) Interruptible power: electric energy or capacity supplied by an electric utility subject to interruption by the electric utility under specified conditions;

(v) Maintenance power: electric energy or capacity supplied by an electric utility during scheduled outages of the qualifying facility;

(vi) Purchase: the purchase of electric energy or capacity or both from a qualifying facility by an electric utility;

(vii) Qualifying cogeneration facility: a facility which produces electrical or other forms of useful thermal energy for industrial, commercial, heating or cooling purposes through the sequential use of energy. In order for such facility to qualify, such facility must meet the efficiency criteria as set forth in section 201 of PURPA, and no more than 50% equity interest therein can be held by an electric utility or its affiliates. Such facility may not be diesel powered. A qualifying facility may not be owned by a person or entity engaged primarily in the generation or sale of electrical power;

(viii) Qualifying facility: any qualifying small power facility or cogeneration facility as defined in section 201 of PURPA and the FERC regulation in Docket No. RM79-54;

(ix) Qualifying small power production facility:

(A) A facility whose power production capacity is owned by one person or entity at one location;

(B) A facility whose production capacity is less than 80 megawatts; and

(C) A facility which derives more than 50% of its energy input from biomass, wastes, renewable resources or any combination thereof, but with less than 25% of its total energy being derived from oil, natural gas and/or coal;

(x) Rate: any price, rate, charge or classification made, demanded, observed or received with respect to the sale or purchase of electric energy or capacity, or any rule, regulation or practice respecting any such rate, charge or classification, and any contract pertaining to the sale or purchase of electric energy or capacity;

(xi) Sale: the sale of electric energy or capacity or both by an electric utility to a qualifying facility;

(xii) Supplementary power: electric energy or capacity supplied by an electric utility, regularly used by a qualifying facility in addition to that which the facility generates itself;

(xiii) System emergency: a condition on a utility's system which is likely to result in imminent significant disruption of service to customers or is imminently likely to endanger life or property;

History

Effective 2024-11-08

Wyo. Code R. 023.0002.1.11082024 § 4 Incorporation by Reference

(a) For any code, standard, rule or regulation incorporated by reference into these Rules in accordance with Wyoming Statute § 16-3-103(h):

(i) The Commission has determined that incorporation of the full text in these Rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section;

(iii) The incorporated code, standard, rule or regulation is maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and is available for public inspection and copying, at cost, at the same location.

(b) Each code, standard, rule or regulation below, incorporated by reference in these Rules is further identified as follows:

(i) Wyoming Rules of Civil Procedure, Rule 7(b), 11 and 16, effective July 1, 2024. Copies can be obtained from the following designated depository library: Wyoming State Library, 2800 Central Avenue, Cheyenne, WY 82002; or at: https://www.courts.state.wy.us/court_rule/wyoming-rules-of-civil-procedure/;

(ii) Uniform Rules for District Courts of the State of Wyoming, Rule 104, effective July 1, 2024. Copies can be obtained from the following designated depository library: Wyoming State Library, 2800 Central Avenue, Cheyenne, WY 82002; or at: https://www.courts.state.wy.us/court_rule/uniform-rules-for-district-courts-of-the-state-of-wyoming-2/;

(iii) The Code of Federal Regulations, Title 7, Parts 1700 through 1794; Title 18, Parts 101, and 292; Title 47, Parts 4.5, 54.5, 54.1307, 54.400 and 68; Title 49, Parts 40, 191, 192, 193, 198, and 199, effective July 1, 2024. Copies of these regulations can be obtained from the designated depository library: Wyoming State Library, 2800 Central Avenue, Cheyenne, WY 82002, or at: https://www.ecfr.gov/;

(iv) Federal Bankruptcy Act of 1978, Title 11 U.S.C. Chapter 1 § 101 through Chapter 15 § 1532; National Energy Act of 1978, Title 16 U.S.C. Chapter 46 §§ 2601 through 2645; National Energy Conservation Policy Act, Title 42 U.S.C. Chapter 91, Subchapter II §§ 8231 through 8236(b); and the Telecommunications Act of 1996, Title 47 U.S.C. Chapter 5, Subchapter II §§ 214(e), and 254(f), effective July 1, 2024. Copies of the Act can be obtained from the following designated depository library: Wyoming State Library, 2800 Central Avenue, Cheyenne, WY 82002, or at https://uscode.house.gov/;

(v) The Cellular Telecommunication and Internet Association (CTIA) Consumer Code, effective July 1, 2024. Copies of the Consumer Code can be obtained by contacting CTIA at 1400 16th Street, NW Suite 600, Washington, DC 20036; or at https://api.ctia.org/wp-content/uploads/2020/03/CTIA-Consumer-Code-2020.pdf;

(vi) American National Standards Institute (ANSI) Codes and Standards, effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: https://webstore.ansi.org/industry/selected-standards;

(vii) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, 2017 and 2019 editions. Copies of these regulations can be obtained from the designated depository library: Wyoming State Library, 2800 Central Avenue, Cheyenne, WY 82002, or at personal cost at https://www.asme.org/codes-standards;

(viii) 2023 National Electrical Safety Code (NESC). Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: http://standards.ieee.org/products-programs/nesc/;

(ix) 2023 NFPA 70 National Electrical Code (NEC). Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: https://www.nfpa.org/;

(x) Western Electric Coordinating Council (WECC) Standards, effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at: https://www.wecc.org/standards/pages/default.aspx;

(xi) North American Electric Reliability Corporation (NERC) United States Mandatory Standards Subject to Enforcement, effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at: https://www.nerc.com/pa/stand/pages/usrelstand.aspx;

(xii) National Association of Regulatory Utility Commissioners (NARUC) Uniform System of Accounts for Class A https://maxxwww.naruc.org/forms/store/ProductFormPublic/uniform-system-of-accounts-for-class-a-water-utilities, B https://maxxwww.naruc.org/forms/store/ProductFormPublic/uniform-system-of-accounts-for-class-b-wastewater-utilities, C https://maxxwww.naruc.org/forms/store/ProductFormPublic/uniform-system-of-accounts-for-class-c-water-utilities-1969-revision, https://maxxwww.naruc.org/forms/store/ProductFormPublic/uniform-system-of-accounts-for-class-d-water-utilities-1976-revision, and D water utilities, effective July 1. 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at the respective links above;

(xiii) American Water Works Association (AWWA) Standards, effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: http://www.awwa.org/publications/standards;

(xiv) International Electrotechnical Commission (IEC) Standards, effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: https://webstore.iec.ch;

(xv) International Organization for Standardization (ISO) Standards, effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: https://www.iso.org/standards.html;

(xvi) Institute of Electrical and Electronics Engineers (IEEE) standard 1366 effective July 1, 2024. Copies are maintained at the Commission's offices at 2515 Warren Avenue, Suite 300 in Cheyenne, WY and are available for public inspection and copying at agency cost at the same location, or at personal cost at: https://www.iso.org/standards.html;

History

Effective 2024-11-08

Chapter 2 Uniform Rules for Contested Case Practice and Procedure

Wyo. Code R. 023.0002.2.11082024 Uniform Rules for Contested Case Practice and Procedure

CHAPTER 2

UNIFORM RULES FOR CONTESTED CASE PRACTICE AND PROCEDURE

Section 1. Authority and Scope.

(a) These Rules are promulgated by authority of Wyoming Statute § 16-3-102(d). These Rules shall govern all contested case proceedings before all agencies to the extent they are adopted, and shall be relied upon by hearing officers, adjudicative agencies and parties in all contested cases before any agency. Agencies may develop forms not inconsistent with these Rules.

(b) Except as specified below, the Uniform Rules for Contested Case Practice and Procedure have been adopted by the Commission and are re-stated here for ease of those appearing before the Commission.

(i) Sections not adopted:

(A) Section 4;

(B) Section 6; and

(ii) Sections replaced:

(A) Section 11(b) has been replaced with Commission Rule 104(b) and

(d) (repealed);

(B) Section 20 has been replaced with Commission Rule 118 (repealed);

(D) Section 25 has been replaced with WPSC Rule 119 (repealed).

(iii) Sections added:

(A) Section 30 is Commission Rule 120 (repealed); and

(B) Section 31 is a new provision.

Section 2. Definitions. The following definitions shall apply to this Chapter:

(a) "Adjudicative agency" means an agency authorized to conduct and preside over its contested cases;

(b) "Agency" means any authority, bureau, board, commission, department, division of the state, or other entities that are statutorily authorized to refer cases to the Office;

(c) "Attorney" means an attorney licensed to practice law in the State of Wyoming or, an attorney who is licensed to practice law in another state and who is associated with an attorney licensed to practice law in the State of Wyoming;

(d) "Contested case" means a proceeding in which legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing;

(e) "Hearing officer" means a hearing examiner from the Office, a presiding officer of any agency, an attorney who has been retained by an agency to preside over a contested case, an officer of any agency who has been designated to preside over a contested case, or any other person who is statutorily authorized to preside over a contested case;

(f) "Hearing panel" means those members of an agency or adjudicative agency who are designated and authorized to make a final decision in a contested case;

(g) "Office" means the Office of Administrative Hearings;

(h) "Referring agency" means any agency which has referred a contested case for hearing before the Office or before another hearing officer;

(i) "Representative" means an individual other than an attorney who is authorized to function in a representative capacity on behalf of a party to a contested case; and

(j) "Wyoming Administrative Procedure Act" means Wyoming Statute §§ 16-3-101 through -115.

Section 3. Incorporation by Reference.

(a) The code, standard, rule or regulation below is incorporated by reference and can be found at: https://www.courts.state.wy.us/court_rule/wyoming-rules-of-civil-procedure/.

(i) Rule 12(b)(6), Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;

(ii) Rule 24, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;

(iii) Rule 25, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;

(iv) Rule 45, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;

(v) Rule 56, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;

(vi) Rule 56.1, Wyoming Rules of Civil Procedure, adopted by the Wyoming Supreme Court and in effect on July 1, 2024;

(b) No later amendments to a code, standard, rule or regulation listed in subsection (a) of this section are incorporated by reference.

Section 4. Informal Proceedings and Alternative Dispute Resolution.

Not adopted.

Section 5. Commencement of Contested Case Proceedings.

(a) A contested case shall be commenced by filing a timely request for a hearing of any agency action or inaction, or the filing of an application, petition, complaint or other document which, as a matter of law, entitles the petitioner, applicant, complainant, or respondent an opportunity to be heard.

(b) At the commencement of every contested case, an agency or hearing officer shall issue a notice of hearing including a statement of:

(i) the time, place and nature of the hearing;

(ii) the legal authority and jurisdiction under which the hearing is to be held;

(iii) the particular sections of the statutes and rules involved; and

(iv) a short and plain statement of the matters asserted. If the agency or hearing officer is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and, thereafter, upon application, a more definite and detailed statement shall be furnished.

Section 6. Referral to Office.

Not adopted.

Section 7. Referral to Hearing Officer Other Than the Office.

When an agency refers a contested case to a hearing officer other than the Office or when an adjudicative agency retains a contested case, the agency shall comply with any referral requirements of that hearing officer or adjudicative agency.

Section 8. Designation and Authority of Hearing Officer; Recusal.

(a) Any agency may refer, assign, or designate a hearing officer to preside over any contested case, unless otherwise provided by law. When appropriate under applicable law or at the referring agency's request, the hearing officer may provide either a recommended or final decision.

(b) Upon referral for contested case by a referring agency that will not be present for the hearing, a hearing officer shall conduct a contested case and may enter proposed findings of fact and conclusions of law or may provide a complete record of the contested case to the referring agency for entry of a final decision.

(c) At any time while a contested case is pending, a hearing officer or hearing panel member may withdraw from a contested case by filing electronic notice of recusal. From and after the date the electronic notice of recusal is entered, the recused hearing officer or hearing panel member shall not participate in the contested case.

(d) Upon motion of any party, recusal of a hearing officer or hearing panel member shall be for cause. Whenever the grounds for such motion become known, any party may move for a recusal of a hearing officer or hearing panel member on the ground that the hearing officer or hearing panel member:

(i) has been engaged as counsel in the action prior to being appointed as hearing officer or hearing panel member;

(ii) has an interest in the outcome of the action;

(iii) is related by consanguinity to a party;

(iv) is a material witness in the action;

(v) is biased or prejudiced against the party or the party's attorney or representative; or

(vi) any other grounds provided by law.

(e) A motion for recusal shall be supported by an affidavit or affidavits of any person or persons, stating sufficient facts to show the existence of grounds for the motion. Prior to a hearing on the motion, any party may file counter-affidavits. The motion shall be heard by the hearing officer or, at the discretion of the hearing officer, by another hearing officer. If the motion is granted, the hearing officer shall immediately designate another hearing officer to preside over the contested case or shall excuse the hearing panel member(s).

(f) A hearing officer shall not be subject to a voir dire examination by any party.

(g) Subject to limitations imposed by the hearing officer, any party may be permitted to conduct a voir dire examination of a hearing panel.

Section 9. Appearances and Withdrawals.

(a) A party, whether it be an individual, corporation, partnership, governmental organization or other entity may appear through an attorney or representative. An individual may represent himself/herself. An individual or entity seeking to intervene in a contested case under Rule 24 of the Wyoming Rules of Civil Procedure, may appear through an attorney or representative prior to a ruling on the motion to intervene.

(b) Prior to withdrawing from a contested case, an attorney shall file a motion to withdraw. The motion for an attorney's withdrawal shall include a statement indicating the manner in which notification was given to the client and setting forth the client's last known address and telephone number. The hearing officer shall not grant the motion to withdraw unless the attorney has made reasonable efforts to give actual notice to the client that:

(i) the attorney wishes to withdraw;

(ii) the client has the burden of keeping the hearing officer informed of the address where notices, pleadings or other electronic documents may be served;

(iii) the client has the obligation to prepare, or to hire another attorney or representative to prepare, for the contested case and the dates of proceedings;

(iv) the client may suffer an adverse determination in the contested case if the client fails or refuses to meet these burdens;

(v) the pleadings and electronic documents in the case shall be served upon the client at the client's last known address; and

(vi) the client has the right to object within 15 days of the date of notice.

(c) Prior to withdrawing from a contested case, a representative shall provide electronic notice of withdrawal to the hearing officer and the agency.

Section 10. Ex Parte Communications.

Except as authorized by law, a party or a party's attorney or representative shall not communicate with the hearing officer or hearing panel member in connection with any issue of fact or law concerning any pending contested case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the hearing officer or hearing panel member shall advise all parties of the communication as soon as possible thereafter and, if requested, shall allow any party an opportunity to respond prior to ruling on the issue.

Section 11. Filing and Service of Papers.

(a) In all contested cases, the parties shall file all documents, pleadings and motions electronically with the referring agency or adjudicative agency, as applicable, with true and correct electronic copies of the particular document(s), pleading or motion properly served on all other parties, accompanied by an electronic certificate of service. The referring agency or adjudicative agency shall maintain the complete original electronic file, and all parties shall be provided electronic copies of all contested case documents, pleadings and motions contained therein.

(b) Unless otherwise ordered, all filings with the Commission shall be made electronically as provided on the Commission's website. All filings shall:

(i) Be addressed to the Commission;

(ii) Designate the Commission docket number if known;

(iii) State the name, address and telephone number of the party;

(iv) Be typed, with 1 inch margins;

(v) Be signed by either an authorized signatory of a party or an attorney licensed to practice law in the State of Wyoming; and.

(vii) Be in searchable PDF or Excel format.

(d) Any filing received after 5 p.m. MT shall be deemed made on the next business day.

(e) Amendments that materially or substantially alter the initial filing may be re- noticed under W.A.P.A. The receipt of the renoticed amended filing will be considered the initial filing date.

(f) All filing fees must be received within three (3) days of filing unless otherwise approved by the Agency.

Section 12. Computation of Time.

(a) In computing any period of time prescribed or allowed by these Rules, by order or by any applicable statutes or regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, or, when the act to be done is a filing, a day on which weather or other conditions have made agency offices inaccessible, in which event the period runs until the end of the following day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in this Rule, "legal holiday" includes any day officially recognized as a legal holiday in this state by designation of the legislature or appointment as a holiday by the governor.

(b) Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other document upon the party, such notice or other document shall be served upon the party electronically; however, if the notice or other document is served upon the party by mail or by delivery to the agency for service, three days shall be added to the prescribed period.

Section 13. Motions and Motion Practice.

(a) Unless these Rules or an order of the hearing officer establish time limitations other than those contained herein, all motions except motions for enlargement of time and motions made during hearing, shall be served at least 10 days before the hearing on the motion. A party affected by the motion may serve a response, together with affidavits, if any, at least three days prior to the hearing on the motion or within 20 days after service of the motion, whichever is earlier. Unless the hearing officer permits service at some other time, the moving party may serve a reply, if any, at least one day prior to the hearing on the motion or within 15 days after service of the response, whichever is earlier. Unless the hearing officer otherwise orders, any party may serve supplemental memoranda or rebuttal affidavits at least one day prior to the hearing on the motion.

(b) A request for hearing may be served by the moving party or any party affected by the motion within 20 days after service of the motion. The hearing officer may determine such motion without a hearing.

Section 14. Setting Hearings, Other Proceedings and Location of Hearings.

(a) The hearing officer or adjudicative agency, as applicable, shall assign a docket number to each contested case. All filings, pleadings, motions and orders filed thereafter shall contain:

(i) a conspicuous reference to the assigned docket number;

(ii) a caption setting forth the title of the contested case and a brief designation describing the document filed; and

(iii) the name, address, telephone number and signature of the person who prepared the document.

(b) The hearing officer shall set the course of proceedings, which may include, but is not limited to, scheduling informal conferences, confidentiality issues, summary disposition deadlines, motion practice, settlement conferences and the evidentiary hearing.

(c) Prehearing conferences may be held at the discretion of the hearing officer. Any party may request a prehearing conference to address issues such as discovery, motion deadlines, scheduling orders or status conferences.

(d) At the hearing officer's discretion, and unless otherwise provided by the referring agency, telephone or videoconference calls may be used to conduct any proceeding. At the discretion of the hearing officer, parties or their witnesses may be allowed to participate in any hearing by telephone or videoconference.

(e) The hearing officer shall determine the location for proceedings.

Section 15. Consolidation.

A party may seek consolidation of two or more contested cases by filing a motion to consolidate in each case sought to be consolidated. If consolidation is ordered, and unless otherwise ordered by the hearing officer, all subsequent filings shall be in the case first filed, and all previous filings related to the consolidated cases shall be placed together under that case number. Consolidation may be ordered on a hearing officer's own motion.

Section 16. Continuances, Extensions of Time and Duty to Confer.

(a) A motion for a continuance of any scheduled hearing shall be in writing and filed electronically, state the reasons for the motion, and be filed and served on all parties and the hearing officer. A request for a continuance filed less than five days before a scheduled hearing shall be granted only upon a showing of good cause.

(b) A motion for an extension of time for performing any act prescribed or allowed by these Rules or by order of the hearing officer shall be filed and served on all parties and the hearing officer prior to the expiration of the applicable time period. A motion for extension of time shall be granted only upon a showing of good cause.

(c) A moving party shall make reasonable efforts to contact all parties, representatives, and attorneys before filing a motion for continuance or extension of time. A motion for continuance or extension of time shall include a statement concerning efforts made to confer with the other party(s) and position(s) on the motion.

(d) Continuances relating to mediation shall be made no later than 30 days prior to the date of the hearing.

Section 17. Discovery.

(a) The taking of depositions and discovery shall be in accordance with Wyoming Statute § 16-3-107(g).

(b) Unless the hearing officer or adjudicative agency orders otherwise, parties shall not file discovery requests, answers, and deposition notices with the hearing officer or adjudicative agency.

Section 18. Subpoenas.

Any party may request the hearing officer to issue a subpoena to compel the attendance of a witness or for the production of documents. Requests for the issuance of a subpoena shall be accompanied by a completed subpoena, which shall conform to Rule 45 of the Wyoming Rules of Civil Procedure.

Section 19. Summary Disposition.

Not adopted.

Section 20. Prehearing Procedures.

The Commission or presiding officer may direct the attorneys for the parties and any unrepresented parties to appear for a conference or conferences before a hearing in accordance with W.R.C.P. Rule 16.

Section 21. Burden of Proof.

The hearing officer shall assign the burden of proof in accordance with applicable law.

Section 22. Evidence.

(a) The hearing officer shall rule on the admissibility of evidence in accordance with the following:

(i) Evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

(ii) Evidence may be offered through witness testimony or in documentary form;

(iii) Hearings shall generally be conducted as follows:

(A) The presiding officer may allow into evidence, after appropriate filing and service, the written testimony filed electronically of a witness in question and answer form. The testimony shall have line numbers inserted at the left margin and shall be authenticated by affidavit of the witness. If admitted, the testimony shall be marked and incorporated into the record as existing without being read into the record. Parties shall have full opportunity to cross-examine the witness on the testimony. The presiding officer may require additional written testimony filed electronically during the pendency of a case;

(iv) The rules of privilege recognized by Wyoming law shall be given effect; and

(v) A hearing officer may take administrative notice of judicially cognizable facts, provided the parties are properly notified of any material facts noticed.

(b) Each party shall have the opportunity to cross-examine witnesses. The hearing officer may allow cross-examination on matters not covered on direct examination.

(c) The hearing officer, the hearing panel, agency staff or other persons delegated to do so by the hearing officer or hearing panel, when applicable, may ask questions of any party or witness.

Section 23. Contested Case Hearing Procedure.

(a) The hearing officer shall conduct the contested case and shall have discretion to direct the order of the proceedings.

(b) Unless otherwise provided by law, and at the hearing officer's discretion, the party with the burden of proof shall be the first to present evidence. All other parties shall be allowed to cross-examine witnesses in an orderly fashion. When that party rests, other parties shall then be allowed to present their evidence. Rebuttal and surrebuttal evidence shall be allowed only at the discretion of the hearing officer.

Section 24. Default.

Unless otherwise provided by law, a hearing officer may enter an order of default or an order affirming agency action for a party's failure to appear at a lawfully noticed hearing.

Section 25. Settlements.

Any matter may be disposed of by stipulation, settlement or consent order upon approval of the Commission.

Section 26. Expedited Hearing.

(a) At the hearing officer's or hearing panel's discretion, a contested case may be heard as an expedited hearing upon the motion of any party. Expedited hearings may include summary suspensions under Wyoming Statute § 16-3-113(c) and other emergency proceedings authorized by law.

(b) An expedited hearing shall be decided on written arguments, evidence, and stipulations submitted by the parties. A hearing officer or hearing panel may permit oral arguments upon the request of any party.

(c) The hearing officer or hearing panel may require an evidentiary hearing in any case in which it appears that facts material to a decision in the case cannot be properly determined by an expedited hearing.

Section 27. Recommended Decision.

In those contested cases where the hearing officer makes a recommended decision, the hearing officer shall file the recommended decision with the referring agency and serve the recommended decision on all parties to the contested case via electronic document(s). Unless otherwise ordered, parties shall have ten days to file written exceptions to the hearing officer's recommended decision. Written exceptions shall be filed electronically with the referring agency and served on all parties.

Section 28. Final Decision.

(a) A final decision entered by a hearing officer or adjudicative agency shall be in writing, filed with the referring agency and electronically served upon all parties to the contested case. A final decision entered by the referring agency or adjudicative agency shall be served upon all parties and the hearing officer.

(b) A final decision shall include findings of fact and conclusions of law, separately stated. When the hearing officer allows the parties to submit a proposed final order, the parties shall electronically file the original with the agency and electronically serve the proposed order on all other parties and the hearing officer.

(c) A hearing officer or adjudicative agency may at any time prior to judicial review, correct clerical errors in final decisions or other parts of the record. A party may move that clerical errors or other parts of the record be corrected. During the pendency of judicial review, such errors may be corrected only with leave of the court having jurisdiction.

Section 29. Record of Proceeding.

The referring agency or adjudicative agency shall make appropriate arrangements to assure that a record of the proceeding is kept pursuant to Wyoming Statute § 16-3-107(o) and (p). Copies of the transcript taken at any hearing may be obtained by any party, interested person, or entity from the court reporter taking the testimony at such fee as the reporter may charge.

Section 30. Confidentiality of Information.

(a) Upon petition, and for good cause shown, the Commission shall deem confidential any information filed with the Commission or in the custody of the Commission or staff which is shown to be of the nature described in Wyoming Statute §16-4-203(a), (b), (d) or (g). All information for which confidential treatment is requested shall be treated as confidential until the Commission rules whether, and to what extent, the information shall be given confidential treatment.

(b) Any person requesting confidential treatment of information (except as directed by the Commission in investigative and discovery matters) shall file a petition that includes the following information:

(i) The assigned docket, if applicable.

(ii) Title the filing as: Petition for Confidential Treatment of .

(iii) Numbered listings and explanations in adequate detail to support why confidentiality should be authorized for each item, category, page, document or testimony. Each item, category or page of proposed confidential information shall be attached to the Petition and numbered in the right hand margin so that numbering corresponds with the numbering and detailed explanation(s) in the Petition. If only part of a page, or intermittent parts of pages, are requested to be kept confidential, these should be set off by brackets identified with an item number or numbers. Each page containing information for which confidential treatment is requested shall be electronically displayed on a yellow background and marked or stamped at the top in capital letters: CONFIDENTIAL INFORMATION.

(iv) A request for return or other final disposition of the information.

(d) If the person petitioning for confidential treatment of information intends that parties in a case have access thereto, upon signing a statement that the information shall be treated as confidential, the petitioner shall prepare a proposed protective order for the Commission's approval with an attached form to be signed by the parties and made part of the Commission's permanent case file.

(e) Information in the Commission's confidential files shall be retained for the period determined by the Commission. On an appeal of a Commission final order, any confidential information included in the record shall be sealed and delivered to the court pursuant to the W.A.P.A.

(f) The Commission may consider oral petitions for confidential treatment of information when the public interest requires.

Section 31. Deliberations and Order.

(a) All deliberations of the Commission shall be held in public in accordance with Wyoming law.

(b) Upon reaching its decision, the Commission shall direct the drafting of an order, which upon signature of at least two Commissioners, shall become a final order. Dissenting or concurring opinions may be filed with the final order.

History

Effective 2024-11-08

Chapter 3 Electric, Gas, Water and Pipeline Utilities

Wyo. Code R. 023.0002.3.09112025 § 1 Utility Service and Facilities; Quality and Adequacy

(a) Each utility shall furnish its customers with safe, adequate and reliable service in accordance with accepted good utility practice. It shall maintain its entire plant and system in a condition enabling it to furnish required service and inspect its system and facilities in a manner and at such frequency as necessary to obtain sufficient knowledge of its current condition and adequacy.

(b) Electric utilities shall:

(i) Design and operate the electric system to maintain its voltages within the limits of ANSI 84.1;

(ii) Use portable indicating voltmeters or electronic monitors capable of recording the continuous voltage in time for testing voltage regulation and portable graphic voltmeters or electronic monitors capable of recording the continuous voltage in time for testing power quality and reliable operation. These instruments shall be of a type and capacity suited to the voltage supplied and adequate to comply with section 18 of this Chapter;

(iii) Conduct a sufficient number of voltage surveys to adequately indicate the character of service furnished to its customers and to demonstrate compliance with voltage requirements. Voltage surveys shall include measurements at the point of delivery or nearest downstream device; and

(iv) Establish per tariff standard nominal voltages as required by the unique distribution system for the service area or for each district of a divided system.

(i) Have access to or require use of a properly maintained calorimeter or chromatograph of a standard type with all necessary accessories for the determination of the Btu value of gas delivered;

(ii) Maintain in its tariff a standard to determine gas Btu value that equates a cubic foot of gas with the amount of gas that occupies one cubic foot, dry, at 60° F at 14.73 pounds per square inch absolute;

(iii) Maintain in its tariff a standard to measure gas provided to a customer that equates a cubic foot of gas with the amount of gas that occupies one cubic foot under the conditions at the customer's meter. The real gas law shall be used to calculate any volume adjustment for the gas delivered;

(iv) Deliver gas that:

(A) Contains no more than 0.25 grains of hydrogen sulfide per 100

standard cubic feet;

(B) Contains no more than 2.5 mole percent of oxygen;

standard cubic feet;

(D) Has a heating value of at least 950 Btu per standard cubic foot; and

(E) Has a hydrocarbon dew point compatible with normal system

operating conditions.

(v) Monitor changes to tariff-established Wobbe Indices.

(A) The tariff sheets shall describe, and include a map illustrating, the distinguishable distribution area(s) in which each Wobbe Index applies, the effective dates of each Wobbe Index and each change in service with the date of its related customer notification.

(B) Unless otherwise authorized by the Commission, a Wobbe Index for a distinguishable distribution area that deviates more than 4% from the established Wobbe Index is considered a change in service. A cumulative change of 4% in the Wobbe Index or other service condition over a period of more than three consecutive calendar years may also be considered a change in service.

(C) A utility shall apply to the Commission when seeking to establish or change a Wobbe Index. The application shall include the proposed Wobbe Index for each distinguishable distribution area and shall use a calculation of the weighted mean Wobbe Index for the gas delivered to the distribution area during a representative historic 12-month period.

(d) Water utilities shall:

(i) Comply with the requirements of DEQ and/or EPA when furnishing any water for human consumption or domestic use;

(ii) Flush their system periodically, no less than semi-annually, to eliminate or minimize discoloration or other abnormal conditions. Records of the date, place and duration of all flushings shall be retained and used as a guide in determining the necessary frequency of subsequent flushings; and

(iii) Maintain a pressure gauge at a central point in the distribution system where continuous records shall be made of the pressure observed.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 2 Change in Service

A change in service is a substantial change made by a utility in the type of service rendered in a distinguishable distribution area that affects the efficiency of operation or requires adjustment of customer appliances. Upon a change in service, a utility:

(a) Shall notify the Commission and affected customers, in advance, if possible; and

(b) May be ordered to inspect and adjust the appliances of the affected customers in the distinguishable distribution area to the new conditions without charge, unless provided for contractually between the utility and an individual non-residential customer.

(i) The Commission may defer the inspection and appliance adjustment requirement if the circumstances warrant, or, pending the utility's analysis of gas quality and associated safety parameters in the distinguishable distribution area.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 3 Service Interruptions

(a) Each utility shall make all reasonable efforts to avoid interruptions of service and, when interruptions occur, shall re-establish service in a timely and safe manner.

(b) Utilities shall submit a written, confidential list of contact names and telephone numbers to be used when a service interruption occurs. The list shall:

(i) Be resubmitted each January and July, whether or not the contact person(s) have changed since the last submittal;

(ii) Be updated as soon as a contact changes;

(iii) Include contact information to communicate with individuals who are knowledgeable about service interruptions, the estimated duration and the possible causes of service interruptions; and

(iv) Include contact information to communicate with individual(s) who are available to confer with the Commission at all times.

(c) Utilities shall notify the Commission of all planned major service interruptions, defined per tariff, at least 48 hours in advance, except in emergencies.

(d) Utilities shall make reasonable efforts to provide affected customers two business days' notice of a planned service interruption.

(e) Utilities shall make reasonable efforts to establish mutual aid agreements with other entities to assist in the recovery of large scale service interruptions, natural disasters or other significant events.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 4 Construction and Maintenance Standards; Safety; Responsibility for Customer Facilities; Coordination among Utilities, Facility Operators and Telecommunications Companies

(a) Each utility shall construct, install, operate and maintain its entire plant and system ("facilities"), including structures, equipment and lines, in accordance with accepted good utility practice and in a manner that prevents injury to persons or property, promotes the safety, health, comfort and convenience of its customers, employees and the general public and eliminates interference with the service furnished by other utilities, facility operators or telecommunication companies.

(i) Electric utilities shall construct, install, operate and maintain facilities in accordance with NEC, NESC, WECC and NERC standards along with RUS standards, if applicable.

(ii) Natural gas and pipeline utilities shall construct, install, operate and maintain facilities, including conducting leak surveys and cathodic protection of distribution and service lines, in accordance with PHMSA regulations (49 CFR §§ 40; 191-193; 199).

(iii) Water utilities shall construct, install, operate and maintain facilities in accordance with the requirements of DEQ and the State Engineer's Office.

(b) The furnishing of service by a utility to a customer shall not render the utility responsible for the customer's facilities, installation or practices on the customer side of the point of delivery.

(c) Each point of delivery shall be metered and located as near to the customer's utilization equipment as practicable per tariff.

(d) In determining good utility practice, the Commission may grant deviations to the standards listed in this section as well as in ANSI B31, the ASME Boiler and Pressure Vessel Code and all other applicable ANSI codes and standards.

(e) In the case of conflict between applicable codes and standards, the more stringent shall apply.

(f) Utilities and facility operators shall coordinate with telecommunication companies to avoid or eliminate any interference. The owner of new facilities interfering with existing facilities constructed in accordance with relevant and applicable standards shall bear the cost of correction and mitigation.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 5 Information to Applicants and Customers

(a) Each utility shall, upon request, provide its customers such information and assistance as is reasonably possible and necessary in order that customers may secure safe,

adequate and reliable service.

(b) The utility shall maintain a copy of its tariff at its local office for inspection by the public during normal business hours.

(c) When more than one rate is available, the utility shall advise an applicant, upon request, which rates are available to the applicant. If, at any time subsequent to the commencement of service, the customer requests assistance, the utility shall advise the customer which rates are available to the customer.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 6 Service Connections and Line Extensions

Each utility shall establish per tariff terms and conditions applicable to service connections and line extensions.

(a) Line extension tariff sections shall provide for new service within the utility's certificated service territory for each rate class at no cost to the customer to the extent that prospective net revenue from the new service justifies the installation and maintenance costs of the extension.

(b) In the case of temporary service for short term use (as distinguished from seasonal use), a utility may require a customer to pay all costs of service connection and disconnection, line extension and line removal after service has been discontinued. The customer shall be credited with the reasonable salvage value.

(c) Special contracts for extension of the utility's distribution system to supply commercial service, industrial service or service of indeterminate character shall be filed with the Commission.

(d) The utility may allow the customer to construct service and line extensions if authorized by the Commission per tariff. Utilities shall inspect these extension projects regularly to ensure work is progressing and completed according to applicable standards, codes and these regulations.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 7 Customer Deposits

A utility may require a deposit to guarantee payment. This deposit shall not be considered advance payment of bills, but shall be held as security for payment of service rendered. The utility may refuse service to an applicant or discontinue service to a customer for failure to comply with this section. Utility policies governing customer deposits shall be applied uniformly.

(a) The utility may require a deposit if:

(i) A prior service account with the utility remains unpaid and undisputed at the time of application for service;

(ii) Service from the utility has been terminated for:

(A) Nonpayment of any undisputed delinquent bill;

(B) Failure to reimburse the utility for damages due to the customer's negligent or intentional acts; or

(iii) Information provided upon application for service is materially false or a misrepresentation;

(iv) The application is for initial service with the utility or the applicant did not have service with the utility for a period of at least 12 consecutive months during the past four years;

(v) The applicant or non-residential customer is unable to pass an objective credit screen per tariff;

(vi) The request is for service at an address where a former customer with an undisputed delinquent bill for service still resides or conducts business;

(vii) The applicant for service, or the customer, has been brought within the jurisdiction of the bankruptcy court or has had a receiver appointed in a state court proceeding, within the five-year period immediately preceding the request for service; or

(viii) A utility has determined that it has a significant financial risk in continuing to provide service to a specific load or non-residential customer. The utility shall file a confidential petition requesting expedited review and Commission approval prior to collecting the customer deposit. The petition shall contain the basis for the utility's determination, the amount of deposit sought and sufficient information for the Commission to contact the customer.

(b) A utility shall not require a deposit as a condition of new or continued utility service based upon any criterion not specifically authorized by these Rules.

(c) Unless otherwise ordered by the Commission, the required deposit shall not exceed the total amount of the customer's estimated bill for three months of highest use based on the premise's monthly bills during the immediate previous 12-month period.

(d) The utility shall retain records showing:

(i) The name and address of each customer making the deposit;

(ii) The date and amount of the deposit; and

(iii) Each accounting transaction concerning the deposit.

(e) The utility shall provide the customer a non-assignable receipt or other record of deposit, showing the date and amount received.

(f) The utility shall calculate simple interest on deposits at the Commission Authorized Interest Rate. Interest shall apply only to deposits held for at least six months, but shall accrue from the initial date of deposit through the date the deposit is returned to the customer.

(g) The utility may accept a written guarantee from an acceptable guarantor in lieu of a deposit to pay a customer's bill. After the utility has verified the customer's identity, the customer shall agree to permit the utility to provide the customer's account information to the guarantor upon the customer's default.

(h) Deposits and any unpaid interest earned on deposits shall be applied as a credit to the customer's bill, unless requested by the customer to be refunded, when:

(i) The accrued interest equals or exceeds $10.00. The utility shall apply the credit at least annually;

(ii) A residential customer has received 12 consecutive months of service, with no cause to disconnect and bills have been paid when due;

(iii) A commercial or industrial customer has received 12 consecutive months of service, with no cause to disconnect, bills have been paid when due and passes an objective credit screen; or

(iv) Service is discontinued. The utility shall not require the customer to provide the original receipt in order for the deposit to be returned. Any credit balance on the account after the deposit is applied shall be refunded to the customer. If the utility is unable to make the refund due to lack of knowledge of the customer's location, additional interest will not accrue after the service discontinuation date. The utility shall manage such deposits as unclaimed property as required by Wyoming law.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 8 Refusal to Serve New Customers or Expand Existing Service

A utility may refuse to provide, expand or materially change service to a requesting customer when:

(a) The utility does not have adequate facilities to render the service requested and the customer is not willing to comply with the utility's line extension tariff;

(b) The requested service appears to be unsafe or likely to adversely affect service to another customer; or

(c) The requesting customer is indebted to the utility for service previously rendered and satisfactory payment arrangements have not been made with the utility.

(i) If indebtedness for service rendered at a former location is in dispute, the requesting customer shall be provided service at the new location upon complying with the utility's deposit requirements and paying the amount in dispute. Upon settlement of the disputed amount, any balance due the customer shall be refunded with accrued interest at the Commission Authorized Interest Rate.

(ii) The utility shall not refuse service to a new customer because of debts of a previous customer at the same location.

(iii) The utility may refuse service due to unpaid line extension charges for facilities serving the location.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 9 Discontinuation of Service to Customers

(a) Unless otherwise ordered by the Commission, no utility shall terminate service to any customer for violating the utility's rules and regulations or for nonpayment of bills for service until the utility has given at least seven calendar days' notice to residential customers or three calendar days' to commercial or industrial customers.

(b) Notice shall be effective when a copy is provided to the customer in person, by telephone after customer verification, or received by U.S. mail at the customer's last known mailing address. Additional notice may be provided electronically. The notice shall contain:

(i) The name of the person whose account is delinquent and the service address to be discontinued;

(ii) The rule or regulation that was violated or the amount of the delinquent bill;

(iii) The effective date of the notice and the date on or after which service is to be discontinued;

(iv) The utility's specific address and telephone number for information regarding how to avoid service discontinuation;

(v) The names of agencies or organizations that have notified the utility that they render assistance to eligible persons who are unable to pay their utility bills; and

(vi) A statement advising the customer how to contact the Commission if discontinuation is disputed.

(c) For residential customers, the notice shall inform the customer that, if prior to the initial date for the discontinuation, the customer provides the utility with written verification from a health care provider responsible for the care of a customer or his/her co-habitants stating that their health or safety would be seriously endangered if service were discontinued, the utility shall extend the date for discontinuation set forth in the notice by 15 days (22 days total) to allow for

bill payment.

(d) The utility shall attempt to make actual contact with the customer either in person or by telephone after customer identity verification before discontinuing service during the cold weather period of November 1 through April 30.

(e) The utility shall also provide notice of discontinuation or account delinquency to a third party if a customer, or person acting for the customer, has requested the utility do so after customer identity verification. The utility shall establish reasonable procedures to advise customers, particularly any incapacitated customer, that the right to request third-party notification does not create third-party liability for payment.

(f) If the customer defaults, the utility shall provide the discontinuation notice to any guarantor and customer simultaneously. The guarantor's service shall not be subject to discontinuation as a result of the customer's default.

(g) The utility shall remove a guarantor when:

(i) The customer has received 12 consecutive months of service with no cause for discontinuation, bills have been paid when due and the customer passes an objective credit screen;

(ii) The guarantor has paid all amounts due for service through the date the utility receives the request to terminate the guarantor agreement; or

(iii) An additional agreement with the utility is in place.

(h) The utility may discontinue service between 8:00 a.m. and 4:00 p.m., Monday through Thursday, without further notice when:

(i) The notification period has elapsed and the delinquent account has not been

paid;

(ii) Acceptable payment arrangements have not been made with the utility; or

(iii) The utility is not satisfied the customer has ceased violating the utility's rules and regulations.

(j) The utility shall not discontinue service for bill nonpayment:

(i) On a legal holiday or the day before;

(ii) During the period from December 24 through January 2, inclusive;

(iii) On any day the utility cannot reconnect service;

(iv) If the customer enters into an agreement with the utility for payment of the delinquent billing over a reasonable time and the customer complies with the payment arrangements;

(v) If the customer owes the utility money due to a meter or other billing error and the customer complies with payment arrangements;

(vi) At a previous address for a different class of service;

(vii) Of non-utility service or merchandise;

(viii) If a customer is paying bills on time, even though a former customer with an undisputed delinquent bill for service resides or conducts business at the same address;

(ix) If a utility bill is in dispute and the customer duly pays the utility bill or bill portion that is not in dispute; or

(x) If the temperature is forecasted by the National Weather Service or other reputable source to be below 32° F in the impending 48 hours, or if conditions are otherwise especially dangerous to health, and the customer is:

(A) A residential customer;

(B) A non-residential customer providing service essential for the protection of public health, safety or welfare;

(C) Unable to pay for service in accordance with the utility's billing requirements and is actively seeking government assistance or has exhausted such assistance; or

(D) Able to pay for service in installments only.

(k) The utility shall assist elderly and handicapped persons who are unable to pay their utility bills with determining available government assistance.

(l) A utility may discontinue service to a customer without advance notice for reasons of safety, health, cooperation with civil authorities, fraudulent use, tampering with or destroying utility service facilities or customer's failure to comply with utility curtailment procedures during supply shortage.

(m) Upon a customer's or legally authorized person's request, the utility shall make reasonable efforts to terminate the customer's service as requested. Before terminating service, the utility shall inform the customer of any additional charges per tariff for after-hours service discontinuation.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 10 Reconnection of Discontinued Service

When service has been discontinued for violation of the utility's rules and regulations, nonpayment of bills or fraudulent use of service; and the customer desires the service to be reconnected, the utility may require the customer to pay in full all bills due for service rendered up to the date service was discontinued, plus any reconnection charge per tariff. Upon satisfaction of reconnection requirements, the utility shall restore service as soon as practicable. If a customer requests reconnection of service after hours, the utility shall inform the customer of any additional charge per tariff for after-hours expenses prior to the reconnection. No utility shall charge to reconnect service when discontinuation was improper.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 11 Complaints

(a) Informal complaints may be resolved at the discretion of the Commission.

(b) Formal complaints to the Commission:

(i) A formal complaint shall contain:

(A) A clear and concise statement of the relevant facts;

(B) Reference to the statutes, rules or orders that the complainant alleges

have been violated;

(D) The name and address of attorneys involved, if any; and

(E) The name of the respondent against which the complaint is made and whether a hearing is requested. A formal complaint requesting a hearing must be in writing.

(ii) A respondent shall file an answer to a formal complaint within 20 days after the date of its receipt. The respondent may request a hearing, in writing, on any formal complaint.

(iii) The complainant and respondent may resolve any formal complaint by written agreement filed with and approved by the Commission.

(i) Each utility shall make a full and prompt investigation of all complaints and shall retain a record of all such complaints received for a period of three years; and

(ii) The record shall include the name and address of the complainant, the date and character of the complaint and its resolution.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 12 System of Accounts

Each utility shall maintain all accounting and statistical data necessary to provide complete and accurate information regarding the utility's properties and operations.

(a) Pipeline utilities and privately owned gas and electric utilities shall maintain accounting records in accordance with FERC's Uniform System of Accounts.

(b) Water utilities shall maintain their accounting records in accordance with applicable NARUC Uniform System of Accounts for Class A, B, C and D water utilities.

(c) Any utility operating as a utility in any other state or engaged in non-utility operations shall separately maintain the accounting and statistical data that pertain to utility operation in the State of Wyoming.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 13 Advertising

No utility may recover from any person other than the shareholders (or other owners) of such utility any direct or indirect expenditure by such utility for promotional or political advertising.

(a) For purposes of this regulation, promotional and political advertising do not include advertising:

(i) That informs customers how to conserve or more efficiently use energy or

water;

(ii) Required by law, regulation or Commission order, including advertising required pursuant to Part 1 of Title II of the National Energy Conservation Policy Act;

(iii) Regarding service interruptions, safety measures or emergency conditions;

(iv) Concerning employment opportunities with the utility;

(v) That explains or justifies existing or proposed rate schedules, including notice of any related hearings; or

(vi) The Commission determines to be in the public interest.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 14 Records

(a) A meter record for all utility meters shall be retained for the life of the meter and shall indicate for each meter owned or used by a utility the identifying number, name of manufacturer, type, capacity, date of purchase or other acquisition, installation date, its current location and all results of meter tests.

(i) All required meter tests shall be properly referenced to the meter record. The record of each test made shall show:

(A) The identifying number and constants of the meter (the standard meter and other measuring devices used);

(B) The date and kind of test made;

(D) The reading of the meter before the test;

(E) The error or percent accuracy at each tested load; and

(F) The test results and sufficient data to permit calculation verification.

(b) Utilities shall retain for at least three years the names and addresses of all customers with the identifying number of related meter(s).

(i) The daily record of the load and a monthly record of the output of its plants. For stations not having operators in continuous attendance, only monthly records are required. Each utility purchasing electrical energy shall provide to the Commission, upon request, information as to the monthly purchases, including demand where measured. For stations having operators in continuous attendance, regular readings of all station instruments and meters shall be made and recorded in such detail as to indicate the character of service being rendered. These records shall be retained for a minimum of three years;

(ii) Maps and records showing the location, voltage and conductor size of transmission and primary distribution facilities, substations and switching facilities. These records shall be retained for the life of the facility.

(d) Each natural gas utility shall retain:

(i) Monthly record of the heating value (Btu) of gas provided to customers in the Wyoming jurisdiction. These records shall be retained for a minimum of three years;

(ii) Records of delivery pressure to:

(A) Distribution systems served by more than one district regulator or

plant; or

(B) Distribution systems served by a single district regulator station or plant where the operator demonstrates a need for recording of pressures. These records shall bear the date and show the place where the pressure reading was taken and be retained for a minimum of three years.

(iii) Maps or other records showing the size, pipe material and location of each main, regulator, valve and customer service. These records shall be retained for the life of the facility.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 15 Use of Meter

(a) Each utility shall adequately meter and measure the commodity delivered into its distribution systems to determine demand capacity, losses, capacity constraints and, if applicable, voltage levels.

(b) Each utility shall measure customer commodity use by industry-recognized and approved certified meters.

(c) Each utility shall install and maintain at its own expense all equipment necessary to regulate and measure the commodity delivered per tariff.

(d) Upon a customer's request, a utility may install and maintain an additional meter at the customer's expense.

(e) No pre-payment meter shall be used by the utility except when a utility's tariff permits, it is voluntarily chosen by the customer and the utility's tariff describes discontinuation of service procedures. The customer retains the option to request regular metered service at any time, which may be subject to deposit. Customer accounts where service is provided to persons whose physical health or safety would be endangered if the utility service were discontinued are not eligible for pre-payment meter service. If a pre-payment meter is in use, the utility shall:

(i) Provide continuous customer access to account information and payment options to enable continued service; and

(ii) Inform the customer of all payment options and provide a telephone number or other electronic communication options in case of emergencies and/or service problems.

(f) Any non-metered utility service shall be governed by tariff.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 16 Meter Location

(a) Meters and associated devices shall be installed in a reasonable location accessible for reading, testing, inspection, removal and where such activities will minimize interference and inconvenience to the customer and utility per tariff.

(b) No meter shall be installed in any location where the meter or associated service lines may be unnecessarily exposed to damage.

(c) The customer shall provide, without cost to the utility, a suitable location accessible for metering and installation of equipment required to receive service.

(d) Meters located inside buildings are discouraged. If so located, meters shall be as near as practicable to where the service conductor or pipe enters the building.

(e) All electric meters shall be located and installed in accordance with NEC and NESC, as applicable.

(f) Gas utilities shall:

(i) Locate all meters and service regulators in accordance with 49 CFR §192;

(ii) Provide for the shortest safe distance to the customer's building entrance or point of utilization equipment;

(iii) Submit a plan to the Commission, upon request, to address existing residential service meters not in compliance with this section.

(g) Water meters shall be located to protect from freezing, excessive heat, temperature variations, vehicular damage and inflow of surface water.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 17 Meter Accuracy, Measurement and Standards

(a) Inaccurate, improper or non-certified meters, including those for which accuracy has not been established, shall not be placed in service or allowed to remain in service. Meters that register upon zero load are considered inaccurate. New meters and serviced meters shall be in good repair and adjusted as closely as practicable to zero error. All meters shall conform to ANSI, IEC, AWWA and ISO, as applicable.

(b) All service meters shall clearly indicate the units of measurement for which the customer is charged. If the utility invoices customers in a different unit of measurement than the service meter indicates, the conversion factor shall be stated on the customer bill. Metering in the following units is required:

(i) Electric: kWh, kW or kVar depending upon service requirements;

(ii) Gas: cubic feet, dekatherms or therms;

(iii) Water: cubic feet or U.S. gallons.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 18 Meter Testing Program

(a) Each utility shall develop a meter testing program for the calibration, recertification, care and maintenance of meters, recording devices, field testing equipment and meter calibration equipment (hereinafter referred to in this section as "equipment") in order to keep the equipment in proper working condition. The utility shall have access to a meter laboratory, standard meters, instruments, meter calibration equipment and facilities necessary to carry out its meter testing program. The facilities and equipment shall be available at reasonable times for inspection by any authorized representative of the Commission.

(b) Each utility shall submit its meter testing program to the Commission for approval.

(i) Identification of all equipment requiring calibration or recertification;

(ii) Identification of the nationally recognized standards for the proposed testing and calibration, testing intervals and degree of accuracy for all equipment;

(iii) A plan for proper care and maintenance of equipment;

(iv) A requirement that equipment used as a reference or transfer standard shall have a higher degree of accuracy than the item being calibrated and the calibration is traceable to NIST;

(v) A requirement that equipment used as a reference or transfer standard to certify other equipment shall be kept in temperature-stable environments and calibrated annually;

(vi) A requirement that equipment used as a reference or transfer standard shall only be used for calibration purposes and shall not be used for trouble shooting, corrective maintenance or any other activity that might jeopardize the instrument's calibration accuracy;

(vii) For natural gas utilities, a requirement that bell provers, transfer provers or sonic nozzles shall be recertified at not more than five-year intervals and after being moved or dimensionally altered. Recertification shall be accomplished by use of standard-cubic foot bottles, by strapping or by optical measurement techniques, the latter being the preferable method;

(viii) For natural gas utilities, a requirement that calibrating meters equate a cubic foot of gas with the amount of gas that occupies one cubic foot, dry, at 60° F at 14.73 pounds per square inch absolute; and

(ix) For electric utilities, a requirement that instrument transformers shall have its installation verified and be tested for ratio and burden performance at the same intervals as the associated meter.

(d) All meter calibration equipment shall bear the last calibration date.

(e) Each electric utility furnishing metered electric service shall provide or have available portable indicating electrical testing instruments of suitable range and type for testing and confirming equipment installations are performing properly.

(f) Each water utility furnishing metered water service using portable test meters to determine the accuracy of meters in service shall recalibrate the portable test meters at sufficiently frequent intervals to ensure correct registration at the specified rates of flow.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 19 Meter Reading and Billing

(a) Each service meter shall clearly indicate the units of measurement. If the utility invoices customers in a different unit of measurement than the service meter indicates, the conversion factor shall be stated on the customer bill. In cases where special types of meters are used or where the readings of a meter must be multiplied by a constant to obtain the units consumed, that information shall be placed on the customer bill.

(b) Bills shall be rendered periodically and shall show the meter readings at the beginning and end of the billing period, the date of the meter readings, the units consumed, the class of service and other information necessary to enable the customer to readily re-compute the amount of the bill. Each bill shall bear upon its face the date of the bill and the latest date it may be paid without penalty. Estimated meter readings or budget billing shall be clearly identified on the bill.

(i) Electric and gas service meters shall be read monthly as nearly as possible on the same day within a billing cycle;

(ii) Water service meters shall be read at intervals authorized per tariff.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 20 Customer Requests for Tests of Meter Accuracy

(a) If a customer requests a test of the accuracy of the utility's meter on the customer's premises, the following provisions shall apply:

(i) If the meter has not been tested within 12 months, the utility shall perform the test within a reasonable time without charge to the customer. The utility shall notify the customer of the time when the utility will conduct the test so the customer or the customer's representative may be present;

(ii) If the meter has been tested within 12 months, the utility shall notify the customer of the cost to perform the test. Upon receipt of payment, the utility shall notify the customer of the time when the utility will conduct the test;

(iii) The utility shall promptly advise the customer of the test results.

(b) If a meter is found to be in non-compliance with the utility's meter testing program, the utility shall refund the payment the customer advanced for the meter test and shall repair or replace the meter per tariff.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 21 Notices and Applications

(a) No utility may commence new construction or an expansion of facilities or projects for which notification is required pursuant to section 21(b) until the Commission:

(i) Grants the utility a situs or non-situs certificate of public convenience and necessity; or a non-situs waiver;

(ii) Informs the utility in writing that the proposed facilities or projects in Wyoming do not require a certificate of public convenience and necessity or a non-situs waiver, following the utility's notification that explains in detail why a proposed facility or project is in the ordinary course of business or otherwise exempt. The Commission shall inform the utility whether or not the proposed facility or project requires a certificate of public convenience and necessity or a non-situs waiver within 20 business days following receipt of the utility's notice; or

(iii) Determines that waiving the requirement to obtain a non-situs certificate of public convenience and necessity is in the public interest because there exists:

(A) A clear emergency;

(B) A time-limited commercial or technical opportunity that provides value to or serves a public purpose or need of customers of the affected public utility; or

(b) Utilities shall notify the Commission of the following proposed facilities or projects:

(i) For electric utilities, a summary of the proposed modification, construction or re-route for any project associated with any generation plant, substations or switching station 69kV and above or transmission lines 69kV and above that are greater than three miles in length, except that, no utility notification shall be required for a non-situs project if the capital investment in such facility or project that is assigned or allocated to Wyoming customers is less than one percent (1%) of the utility's total Wyoming rate base from the most recent general rate case;

(ii) For gas utilities, a summary of the proposed modification, construction or re-route for any project above 125 pounds per square inch gauge and greater than three miles in length in Class 1 Locations not designated as High Consequence Areas or one mile in length in all other locations;

(iii) For water utilities, a summary of the proposed modification, construction, diversion or re-route for any project associated with transmission lines, pumping stations, storage facilities or diversion facilities; or

(iv) For pipeline utilities, a summary of the proposed modification, construction or re-route for any project above 125 pounds per square inch gauge associated with:

(A) liquid transmission pipelines greater than three miles in length unless they could impact High Consequence Areas, or one mile in length in all other locations; or

(B) gas transmission pipelines greater than three miles in length in Class 1 Locations not designated as High Consequences Areas or one mile in length in all other locations.

(i) The application shall include:

(A) The name and address of the applicant;

(B) The type of plant, property or facility proposed to be constructed or

acquired;

(C) A description of the facilities proposed to be constructed or acquired, including preliminary engineering specifications in sufficient detail to properly describe the principal systems and components, and final and complete engineering specifications when they become available;

(D) The rates, if any, proposed to be charged for the service that will be rendered because of the proposed construction or acquisition;

(E) The estimated total cost of the proposed construction or acquisition;

(F) The manner by which the proposed construction or acquisition will

be financed;

(G) Documentation of the financial condition of the applicant;

(H) The estimated annual operating revenues and expenses that are expected to accrue from the proposed construction or acquisition, including a comparison of the

overall effect on the applicant's revenues and expenses;

(J) The estimated start and completion dates of the proposed construction or date of acquisition; and

(K) A statement setting forth the need for the facility in meeting present or future demands for service in Wyoming or other states within the utility's service area.

(ii) To operate or construct a major utility facility in Wyoming, the application shall include the following information in addition to the requirements of section (21)(c)(i):

(A) A description of the proposed site, including the county or counties in which the facility will be located, with a metes and bounds description, and a description of the terrain where the facility will be constructed;

(B) A geological report of the proposed site, including foundation conditions, groundwater conditions, operating mineral deposits within a one-mile radius and a topographical map showing the area within a five-mile radius;

(C) A description of and plans for protecting the surrounding scenic, historical, archeological and recreational locations; natural resources; plant and animal life; and land reclamation, including:

(I) A general description of the devices to be installed at the major utility facility to protect air, water, chemical, biological and thermal qualities;

(II) The designed and tested effectiveness of such devices; and

(III) The operational conditions for which the devices were

designed and tested.

(D) A description of any potential safety hazards;

(E) A description of the real property, fuel and water requirements, including any source of water along which the major utility facility will be constructed or from which it will obtain or return water;

(F) The acquisition status, source and location of real property, right-of- way, fuel and water requirements;

(G) The proposed means of transporting fuel and water requirements;

(H) A description of all mineral rights associated with the facility and plans for addressing any split-estate issues;

(J) A description of the commodity or service the facility will make

available;

(K) A statement of the facility's effect on the applicant's and other systems' stability and reliability;

(L) The status of satisfying local, state, Tribal or federal governmental agency requirements. The applicant shall immediately file all agencies' final orders.

(M) For gas utilities, when the proposed modification, construction or re-route for any project is above 125 pounds per square inch gauge and greater than three miles in length in Class 1 Locations not designated as High Consequence Areas or one mile in length in all other locations, all project documentation, including but not limited to, constructability review, project management, risk assessment, and safety management systems shall include the signature and seal of a registered professional engineer.

(d) When a utility extends service to a contiguous, unserved area as defined in Wyoming Statute § 37-2-205, the utility shall notify the Commission in writing and, if so directed, shall apply for an order conforming the certificated area to the area actually served. At a minimum, the notification shall include:

(i) A map of the extension area;

(ii) A metes and bounds description;

(iii) The number and type of customers served; and

(iv) A description of the facilities deployed.

(e) A utility shall file an application and obtain Commission approval prior to discontinuing, any type of utility service currently offered to the public.

(i) The application shall include:

(A) A description of past, present and prospective customer use of the subject service;

(B) Any impact of the proposed action on other public utilities; and

(f) A utility shall file an application and obtain Commission approval prior to abandoning, transferring, selling, leasing, discontinuing the use of, or otherwise disposing of, relinquishing complete or partial operational control of, or, in the case of an electrical generation facility, converting to the use of a different primary fuel, any utility plant or facilities used or useful in providing service to the public.

(i) The application shall include:

(A) Studies of past, present and prospective customer use of the subject service, plant or facility;

(B) A description of any impact of the proposed action on other public utilities; and

(ii) In addition to the items in § 21(f)(i), if the utility is retiring a major utility facility, the application shall include:

(A) any material state and local socioeconomic impacts or cost externalities, incurred, or likely to be incurred, by or in the state of Wyoming;

(B) the costs and a plan for decommissioning and reclamation of the facility's site; and

(C) if applicable, any federal law mandating closure or environmental compliance expenditure that makes it no longer cost effective to operate the facility with supporting analysis.

(iii) If a utility is retiring an electric generation facility, as defined in Wyo. Stat. 37-2-134(a)(iii), in addition to § 21(f)(i) and (ii), the application shall include:

(A) a reliability study, if applicable, analyzing the proposed action upon quality of services provided, including descriptions of:

(I) the generation or other resources that will replace the capacity of the facility proposed for retirement,

(II) the effect of the proposed retirement on system reliability and resilience, including with respect to disaster preparedness,

(III) the dispatchability of the replacement generation or other facility relative to the facility proposed for retirement, and

(IV) any anticipated alterations to transmission facilities or effects on transmission system operations that would be necessary to accommodate the proposed retirement and facilities providing replacement capacity; and

(B) a detailed analysis of any potential alternatives to discontinuing, abandoning or otherwise disposing of the utility plant, facility or service.

(iv) An application shall not be required:

(A) To remove individual facilities where a customer has requested service discontinuance;

(B) For de minimis sales and dispositions of utility plant or facilities that do not affect a utility's ability to provide safe, adequate and reliable service. De minimis sales and disposition do not include the sale or disposition of distribution facilities, major utility facilities or facilities valued at more than 1% of a utility's Wyoming gross plant in service; or

(C) For easements and rights-of-way and leases or sale of real property that do not affect a utility's ability to provide safe, adequate and reliable service, provided that such transactions shall be reported to the Commission on the 15th day of January and July each year. The reports shall include an itemized list of all transactions, their value and a description of the disposition of all funds received.

(g) A utility shall file an application prior to selling, transferring by lease or otherwise disposing of a controlling interest in the utility. The application shall include:

(i) The name and address of the utility;

(ii) Ownership;

(iii) The utility's financial condition;

(iv) The name and financial condition of the purchaser, lessee or assignee;

(v) A copy of any draft or final agreement detailing the transaction;

(vi) The effect of the proposed transaction on the ability of the utility to provide

service; and

(vii) The effect the proposed transaction will have on any other utility.

(h) In the case of an otherwise retiring Coal Fired Electric Generation Facility:

(i) Where a utility attempted to sell and no winning bidder was selected:

(A) The utility shall submit to the Commission an application describing its efforts to sell the Coal Fired Electric Generation Facility, including, but not limited to, proof of compliance with the solicitation process approved by the Commission and any offers received to purchase the Coal Fired Electric Generation Facility;

(B) The utility shall include a report detailing the reasons a sale was not accomplished. The utility shall demonstrate that:

(I) An asset purchase and sales agreement and a power purchase agreement with a prospective purchaser selected through the Commission approved Coal Fired Electric Generation Facility solicitation process, in comparison with the proposed retirement of the Coal Fired Electric Generation Facility, was not executed as it does not reduce costs and reduce risks to the utility's Wyoming customers, including any diminished environmental remediation risks;

(II) The Coal Fired Electric Generation Facility should be retired because there was no reasonable offer to purchase it through the Commission approved Coal Fired Electric Generation Facility solicitation process; or

(III) A sale could not be completed for a reason beyond the reasonable control of the utility.

(C) The Commission shall review whether the utility complied with the Commission approved processes pursuant to Section 25 and determine whether the utility has demonstrated it made a good faith effort to sell the Coal Fired Electric Generation Facility.

(D) For any Coal Fired Electric Generation Facility retired on or after January 1, 2024, the Commission shall review whether the utility has demonstrated that:

(I) The requirements of W.S. § 37-3-117(a) have been satisfied; and

(II) The utility is achieving, or has taken steps satisfactory to the Commission to achieve, the electricity generation standards established in accordance with W.S. § 37-18-102(a) and the rules adopted pursuant thereto.

(ii) Where the utility reached an agreement to sell with a prospective purchaser, the utility shall submit an application to the Commission including:

(A) An asset purchase and sales agreement to be executed between the utility and the prospective purchaser;

(B) Any power purchase agreement(s) to be executed between the prospective purchaser and the utility and/or the utility and an Eligible Retail Customer;

(D) Demonstration that the prospective purchaser has acquired or is in the process of acquiring all permits necessary to operate, maintain and retire the Coal Fired Electric Generation Facility, either through transfer of existing permits, or by application to agencies with appropriate jurisdiction.

(E) A plan of operation for the Coal Fired Electric Generation Facility by the prospective purchaser demonstrating:

(I) The availability of personnel that will operate and manage the Coal Fired Electric Generation Facility, including:

(1.) A complete list of the prospective purchaser's managers, owners, and Board of Directors including job descriptions and any relevant experience of managers, owners and key employees; and

(2.) A complete list of any labor agreements, collective bargaining agreements or other employee arrangements assumed by the prospective purchaser.

(II) An estimate of anticipated capital expenses necessary to operate the Coal Fired Electric Generation Facility for the next five years;

(III) Existence of relationships with vendors to supply fuel, reagents and other supplies and materials necessary to operate the Coal Fired Electric Generation Facility;

(IV) Familiarity with the electrical and emissions limits of the Coal Fired Electric Generation Facility; and

(V) Other aspects of a plan of operation as may assist the Commission in evaluation of the prospective purchaser's suitability.

(F) The terms and conditions of the prospective purchaser's proposed

financing;

(G) A list of all local, state and federal taxes associated with owning and operating the Coal Fired Electric Generation Facility, along with a disclosure of adequate future performance by the prospective purchaser;

(H) Documentation of the prospective purchaser's financial condition, including, but not limited to, audited financial statements, tax returns, corporate ratings opinions and capital ratios;

(J) Demonstration that the prospective purchaser possesses the requisite technical expertise, financial resources and managerial ability to operate, maintain, decommission and retire the Coal Fired Electric Generation Facility through the end of it useful life;

(I) If these obligations are shared with a selling utility, the joint operating agreement shall clearly and unambiguously define the obligations of each party regarding decommissioning and retiring the Coal Fired Electric Generation Facility at the end of its useful life;

(II) Decommissioning costs shall be itemized and estimated for

Commission review; and

(III) The Commission may require financial assurance of the prospective purchaser sufficient to assure complete decommissioning of the Coal Fired Electric Generation Facility and reclamation of the site.

(K) Demonstration that the purchase is in the public interest.

(j) A gas or electric utility shall file an application signed by an authorized person prior to issuing securities or creating liens.

(i) The application shall include:

(A) Documentation of authorization to issue securities or create debt, including the total amount of securities or debt;

(B) The purpose of the security issuance or debt;

(D) Copies of financial statements, work papers and financial forms showing the aggregate of the existing and proposed securities or debt and the fair value of the gas or electric utility; and

(E) Presentation of the utility's debt-to-equity ratio before and after the proposed transaction.

(ii) Cooperative utilities shall, except as provided in (B) below:

(A) Provide their debt-to-asset ratio, operating TIER, debt service coverage ratio, the minimum debt coverage ratios and the amount of long-term debt held by the utility before and after the proposed transaction. If issuing the securities would violate any minimum ratio requirement, the cooperative utility shall provide a letter from the lender acknowledging the cooperative utility will not be in violation of loan covenants with the new securities, or;

(B) Cooperative utilities exempt from retail rate regulation pursuant to Wyo. Stat. 37-17-103, when borrowing from the United States Rural Utilities Service, CoBank, the National Rural Utilities Cooperative Finance Corporation, the National Cooperative Services Corporation or the Rural Telephone Finance Cooperative, may, in lieu of the information required in (i), above, provide:

(I) A Board of Directors' resolution identifying the proposed

lender;

(II) A statement of the cooperative's purpose of the loan; and

(III) Affirmation that the loan will not result in the cooperative's aggregate amount of securities outstanding to exceed the fair value of the properties and business of the cooperative.

(iii) Once securities are issued, compliance documents shall be filed with the Commission that detail the final terms and conditions, including a copy of the final executed documents.

(k) Applications for tariff changes:

(i) The proposed tariff sheets shall be posted on the utility's website and in offices and places of business in the territory affected when the proposed change is filed with the Commission. Approved tariff sheets shall be similarly posted for 30 days after their effective date;

(ii) Proposed tariff sheets shall be filed in clean and legislative formats. Legislative format shall indicate deleted material in strikeout and added material in underline. The version in legislative format shall not be part of the utility's tariff.

(l) An electric utility shall file an application prior to making any commitment to join an energy market or a regional transmission organization.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 22 Construction Reports

Each utility issued a certificate of public convenience and necessity for a specific project or extension shall:

(a) Report the date construction will commence as soon as it is known, but no later than five business days prior to commencement;

(b) Submit monthly construction progress reports;

and

(d) Submit a report no later than 180 days following completion of construction that includes:

(i) Name of project;

(ii) Date in service;

(iii) Labor costs;

(iv) Material costs by general category;

(v) Administrative and general expenses;

(vi) Engineering costs;

(vii) Right-of-way costs;

(viii) Costs and rates used to calculate Allowance for Funds Used During

Construction;

(ix) Other costs for which the utility will seek recovery for in rates and how items (iii) through (vii) were accounted for in its books and records;

(x) Proposed depreciation rates;

(xi) Journal entries transferring the completed project from Construction Work in Progress to Utility Plant in Service by account number;

(xii) For facility modifications, journal entries recording any plant retired and appropriate account numbers for utility plant and reserve for depreciation;

(xiii) For facility modifications, journal entries recording any plant salvage values and decommissioning costs or sale of any plant retired;

(xiv) Contact information for contractors that performed work;

(xv) Conditions (terrain, location, weather, etc.) under which construction was

performed;

(xvi) Any non-standard facility feature; and

(xvii) Completed project maps and engineering drawings, if changed from those previously submitted.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 23 Tariffs

(a) All tariffs shall:

(i) Be accompanied by a cover page stating the utility's name and the location of the utility's principal office;

(ii) Include a table of contents;

(iii) Describe the territory the utility serves;

(iv) Include the applicable rate schedules, showing all rates and charges for the various separate classes of service and the utility's rules and regulations. All rates shall be clearly and explicitly stated in cents or dollars and cents per defined unit;

(v) Separately identify each rate schedule where more than one rate schedule is available for various classes of service;

(vi) State the area, city or other district in which the rate schedules and charges

apply;

(vii) Be available for public inspection during regular office hours;

(viii) Identify the P.S.C. Wyo. Number of the tariff for electric, gas and water utilities. Subsequent tariffs filed shall continue such designation in consecutive numerical order. Utilities shall file an entire set of tariff sheets that includes rates, rules and regulations, designating a subsequent P.S.C. Wyo. Number with each general rate case. Further designation, such as "Original Sheet No. 1," "Original Sheet No. 2," "First Revision of Original Sheet No. 1, canceling Original Sheet No. 1" etc., shall also be included when applicable. At the bottom of the page shall be shown the date of issue, the effective date of each page, the name and title of the issuing officer, agent or employee; and

(ix) Include a summary sheet of all authorized rates for each class of service for electric, gas and water utilities. The summary sheet shall provide references to each rate's detail sheet.

(b) Intrastate pipelines shall also:

(i) Identify the P.S.C. Wyo. Number of the tariff;

(ii) File a cover page that:

(A) Includes the name of the intrastate pipeline;

(B) Describes the territory, points and routes covered by the tariff;

(D) Specifies whether the rates are:

(I) Local;

(II) Joint;

(III) Proportional; or

(IV) Class, commodity or both.

(iii) Identify any expiration date;

(iv) Describe the method of determining mileage if the tariff contains rates based

on mileage;

(v) Be arranged in a systematic manner to show clearly whether the rates apply from, to or between named points;

(vi) Include an explanation of any symbols, reference marks and abbreviations used in the tariff. The following shall be used for the purpose indicated and shall not be used for any other purpose:

(A) [I] to denote increases;

(B) [D] to denote decreases;

(D) [C] to denote cancel;

(E) [U] to denote unchanged rate; and

(F) [W] to denote new rate or wording.

(vii) Show the amount of free time allowed for demurrage or storage and the rates for time beyond free time; and

(viii) Include a reference with explanation that it is intrastate only if the tariff is also filed with the FERC or other federal agency and contains rates, charges or other provisions that apply only to intrastate.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 24 Transfer of Utility Control; Adoption of Tariffs

(a) Any entity, including receivers or trustees, proposing to acquire all or partial ownership or control of a utility, must adopt the tariff of the predecessor utility on file with the Commission and effective at the time of transfer. The transferee shall issue and file an adoption notice within 10 days of the transfer, ratifying the former utility's tariff.

(b) Within 10 days after filing an adoption notice, the transferee utility, including receivers or trustees, shall issue and file in its own name the tariff of its predecessor or its proposed revised tariff.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 25 Application to Sell an Otherwise Retiring Coal Fired Electric Generation Facility; Filing Requirements; Retention of an Independent Evaluator; Process and Procedure; Determination of Avoided Cost; Evaluation of Bids from Prospective Purchasers

(a) If a utility intends to retire a Coal Fired Electric Generation Facility and seeks approval of the process required to demonstrate a good faith effort to sell the Coal Fired Electric Generation Facility, the utility shall file an application, not less than twenty-four months prior to retirement, that includes:

(i) A proposed solicitation process for retaining an Independent Evaluator,

including;

(A) A description of the Coal Fired Electric Generation Facility that has been identified for retirement, its operating specifications and any associated property or property interests included in the offer of sale;

(B) The utility's most recent integrated resource plan, including any updates or supplemental filings, demonstrating that:

(I) Retiring the Coal Fired Electric Generation Facility is consistent with the utility's obligation to obtain the least cost, least risk resources on behalf of customers;

(II) The Present Value Revenue Requirement impact to customers assuming that the Coal Fired Electric Generation Facility is retired and, conversely, the same analysis if the Coal Fired Electric Generation Facility is sold to a third party and the utility continues to purchase the output of the Coal Fired Electric Generation Facility under a power purchase agreement; and

(III) A demonstration that retirement of the Coal Fired Electric Generation Facility will not adversely impact the reliability of service or availability of resources used to serve Wyoming customers. Such a demonstration shall account for regional as well as local reliability impacts that result from the proposed retirement of the Coal Fired Electric Generation Facility.

services;

(D) The required minimum qualifications and deliverables for an Independent Evaluator;

(E) The estimated cost of obtaining Independent Evaluator services; and

(F) A draft contract including the proposed terms and conditions under which the Independent Evaluator will operate.

(ii) A proposed solicitation process for the sale of a Coal Fired Electric Generation Facility, including:

(A) The proposed solicitation for the sale of a Coal Fired Electric Generation Facility with appendices, attachments and a proposed asset purchase and sale agreement;

(B) A description of the Coal Fired Electric Generation Facility that has been identified for retirement, its operating specifications and any associated property or property interests included in the offer of sale;

(C) A current accounting of the utility's reserve for decommissioning and retiring the Coal Fired Electric Generation Facility and remediating the facility site, along with the utility's most current estimate of the actual net cost of decommissioning the facility and remediating its site;

(D) A detailed accounting of any known environmental compliance obligations under state or federal law that will or could impact the continued operation of the Coal Fired Electric Generation Facility or its retirement in the future, and an estimate of the cost to comply with such environmental obligations;

(E) A proposed schedule for solicitation, including:

(I) Issuance of request for proposals;

(II) Bid due dates; and

(III) A date when the utility will provide an initial short-list of qualified bidders eligible for more detailed negotiations.

(F) The contact information and/or website for questions and answers on the Coal Fired Electric Generation Facility solicitation process and review;

(G) A detailed plan describing how the utility will solicit prospective purchasers for the Coal Fired Electric Generation Facility, including a list of potentially interested parties and publications to whom the utility will send notices of the solicitation;

(H) A description of the process for prospective purchasers to obtain due diligence information and, if the Coal Fired Electric Generation Facility is not wholly owned and operated by the utility, a description of the other entities that own or operate a portion of the Coal Fired Electric Generation Facility, a copy of any agreements between the utility and the other entities that own or operate a portion of the facility, and a description of any consents, approvals, or votes by other owners that would be required to finalize a sale of the facility;

(J) For Coal Fired Electric Generation Facilities where the public utility will continue to own and operate one or more units, the proposed contractual terms and conditions for sharing of costs associated with joint or common facilities and any restrictions or requirements that may arise from the sale and assignment of the utility's share in that jointly owned facility;

(K) A proposed power purchase agreement, and a calculation of the proposed avoided cost, pursuant to subsection (c);

(L) A proposed form agreement with terms and conditions pursuant to which the utility would sell electricity on the prospective purchaser's behalf to an Eligible Retail Customer;

(M) The proposed terms and conditions for environmental remediation, liabilities and related financial security;

(N) The proposed terms and conditions for any non-environmental liabilities that are related to the sale of the Coal Fired Electric Generation Facility;

(O) A list of the local, state, or federal permits known to the utility to be necessary for the purchaser to own and operate the Coal Fired Electric Generation Facility; and

(P) A list of criteria to be used by the utility for screening and ranking

of bids, including:

(I) Requirements for prospective purchasers to demonstrate it has, or has contracted for, financial, technical and managerial abilities sufficient to reasonably:

(1.) Operate and maintain the Coal Fired Electric Generation Facility, including disclosure of any fines, violations and/or citations issued to the prospective purchaser from any regulated entity for any of its operations within a previous five years;

(2.) Decommission and retire the Coal Fired Electric Generation Facility once it ceases operation; and

(3.) Satisfy any environmental obligations to operate and maintain and, if necessary, retire the Coal Fired Electric Generation Facility.

(II) Requirements for prospective purchasers to demonstrate

financial ability by providing:

(1.) A complete corporate family tree, disclosing parent and/or subsidiary entities of the prospective purchaser and indicating if the prospective purchaser is liable for any debts of related entities; and

(2.) Complete audited financial statements and tax returns for previous five years, if available, for the prospective purchaser and any parent or subsidiary entities whose credit is being offered by the prospective purchaser to satisfy any financial commitment or obligation associated with the purchase.

(b) Retention of Independent Evaluator

(i) The Commission shall issue public notice of the utility's proposed Independent Evaluator solicitation and establish timelines for public comment and Commission approval of the Independent Evaluator solicitation.

(ii) When the notice process has concluded, the utility shall issue the Commission approved Independent Evaluator solicitation.

(iii) Following the deadline for submittal of bids, the utility shall submit bids it receives from prospective Independent Evaluators in response to the Commission approved Independent Evaluator solicitation along with the utility's rankings. The Commission and intervenors shall submit analysis and comment on bids received from prospective Independent Evaluators.

(iv) The Commission shall select an Independent Evaluator. Upon selection:

(A) The utility shall engage the services of the Independent Evaluator and pay all fees and expenses associated with engaging the Independent Evaluator's services.

(B) The utility may seek recovery of the cost billed to it by the Independent Evaluator. The utility may seek to defer such costs for later recovery in a general rate case filing or propose other methods to recover the cost of the Independent Evaluator, subject to Commission approval.

(i) The Commission shall determine the avoided costs to set a maximum price for any proposed sale of energy and capacity from a Coal Fired Electric Generation Facility.

(ii) The Commission shall issue public notice of the utility's proposed avoided cost and establish timelines for public comment and Commission determination.

(iii) The following factors shall be considered as relevant when determining avoided costs for any proposed sale of energy and capacity from a Coal Fired Electric Generation Facility:

(A) The value of energy and capacity generated by the Coal Fired Electric Generation Facility, which may include:

(I) The usefulness of energy and capacity supplied from the facility during system emergencies, including its ability to separate its load from its generation;

(II) The value of energy and capacity from the facility to the

utility's system; and

(III) The capacity increments and the lead times available with the addition of capacity from the facility.

(B) The value of the Coal Fired Electric Generation Facility's reliability benefits, which may include:

(I) The value of existing coal stockpiles at the facility;

(II) The ability of the facility to meet National Electric Reliability Corporation Blackstart Standards;

(III) The value of the facility in providing resilience to the grid in modeled weather and cyber events; and

(1.) The ability to avoid the need to add or accelerate other energy resources to cure shortfalls and meet reliability requirements; and

(2.) Transmission system reliability impacts, to the extent

they can be reasonably estimated.

may include:

(I) The terms of the proposed power purchase agreement, including the duration of the obligation, termination notice requirement and sanctions for failure to perform;

(II) The lost opportunity costs and long-term pricing risks to customers based on the proposed term length for the utility's purchase from the facility;

(III) The extent to which scheduled outages of the facility can be coordinated with scheduled outages of the utility's facilities; and

(IV) The costs or savings resulting from variations in line losses, if measurable, from those that would exist in the absence of purchases from the facility.

(d) Coal Unit Solicitation

(i) The Commission shall issue public notice of the utility's proposed Coal Fired Electric Generation Facility solicitation and establish timelines for public comment and Commission approval of the Coal Fired Electric Generation Facility solicitation.

(ii) The Independent Evaluator shall:

(A) Oversee the Coal Fired Electric Generation Facility solicitation bid process to ensure it is conducted fairly, including that prospective purchasers are provided sufficient and timely access to financial information, operating data, site visits, management team members and other resources to make evaluations;

(B) Be available and responsive to the Commission throughout the Coal Fired Electric Generation Facility solicitation process; and

(C) Provide consultation and guidance to the utility as the Coal Fired Electric Generation Facility solicitation is conducted.

(iii) The utility shall issue the Commission approved Coal Fired Electric Generation Facility solicitation requesting sealed bids from prospective purchasers of the Coal Fired Electric Generation Facility.

(A) A bidders' conference, hosted by the utility, and attended by the Independent Evaluator, shall be held prior to the issuance of the Commission approved Coal Fired Electric Generation Facility solicitation.

(B) The deadline for submitting bids to acquire the Coal Fired Electric Generation Facility shall be no more than ninety days following the issuance of the Coal Fired Electric Generation Facility solicitation.

(iv) Upon receipt of offers to purchase the Coal Fired Electric Generation Facility, the utility, in the presence of the Independent Evaluator, shall unseal the bids and, in coordination with the Independent Evaluator, conduct a preliminary analysis of the bids received to determine compliance with the bid specifications.

(v) The utility shall, in consultation with the Independent Evaluator, select a winning bidder, if any. If a winning bidder is selected, the utility shall file an application pursuant to Section 21(h)(ii) within 30 days of the conclusion of the solicitation process. If there is no winning bidder, the utility shall file an application pursuant to Section 21(h)(i) within 30 days of the conclusion of the solicitation process.

(vi) The Independent Evaluator shall independently evaluate all bids, submit an analysis of the utility's scoring of the bids received and make a recommendation on whether the utility's selection for a winning bid, if any, was reasonable. If the Independent Evaluator determines that the utility's actions are unreasonable, the Independent Evaluator shall file a report within 30 days of the conclusion of the solicitation process explaining the findings and conclusions.

(vii) The Commission and interested parties may submit analysis and comment on bids received from prospective purchasers.

(viii) The Commission shall approve the utility's selection of the successful bid,

if any.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 26 Pass-On Applications and Commodity Balancing Accounts (CBA) for Rate-Regulated Utilities

(a) Utilities may file an application to pass on known or projected commodity or commodity-related cost increases or decreases per tariff.

(i) Pass-on applications may be approved, subject to public notice, opportunity for hearing and refund, if the evidence shows recovery of the costs is in the public interest and the pass-on includes only prudent commodity or commodity-related cost increases or decreases not under the Commission's jurisdiction.

(ii) Pass-on applications shall:

(A) Be filed at least annually and shall at least annually include documentation comparing the utility's actual and normalized annual earnings to those last authorized by the Commission. The appropriate form and level of detail of the required supporting documentation shall be determined by the Commission on a case-by-case basis in consideration of the utility's size, complexity, nature of operations, corporate structure and other relevant factors;

(B) Provide documentation demonstrating that costs included in the application are the most reasonable option available to the utility for safe, adequate and reliable service. Utilities may file integrated resource plans or commodity acquisition plans for Commission review. After Commission acknowledgement, these plans may satisfy this requirement for pass-on applications; and

(iii) Pass-on increases or decreases shall be allocated to all retail rate classes and contract customers on an equal or proportionate basis. The Commission may consider special proportionate class allocation if requested.

(iv) Pass-on rates may be consolidated with base rates in general rate case proceedings or as otherwise ordered by the Commission.

(b) A utility may file an application to establish a CBA tariff mechanism to account for the difference between commodity or commodity-related revenues collected, based on projected wholesale costs, and the actual, prudent commodity or commodity-related expenditures the utility incurred. The utility may apply to the Commission for approval to include other costs and revenues in the CBA. Records related to the CBA shall be available for audit by the Commission at any time.

(i) Interest shall be paid on over-collected balances. Interest may be collected on under-collected balances upon a showing that it is in the public interest. Interest shall be computed at the Commission Authorized Interest Rate.

(ii) The CBA tariff shall describe in detail how the utility accounts for the components of the CBA, including:

(A) The frequency of rate adjustments to reflect cost changes;

(B) The planned method, supporting basis and time period for projecting commodity or commodity-related costs;

(C) The procedure and recordkeeping measures for tracking the difference between commodity-related revenues and expenditures;

(D) The time period for amortizing the balance of any over- or under-

collection;

(E) The procedure for calculating increases or decreases in commodity or commodity-related purchases, using a measurement unit consistent with the utility's billing practices and tariff provisions;

(F) The procedure for calculating and paying interest on over-collected balances and, if authorized, the procedure for calculating and collecting interest on under-collected balances; and

(G) The procedure and recordkeeping measures for tracking other expenditures authorized by the Commission to be included in the CBA.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 27 SIRT; Reportable Incidents

(a) Reportable incidents that will or are likely to produce significant detrimental effects to customers, facilities or public safety shall be reported to the Commission within two hours of the incident by contacting the Commission's Service Interruption Reporting Telephone (SIRT) number.

(b) A reportable incident is:

(i) An event that causes loss to the operator or others and results in:

(A) Estimated property damage of at least $20,000 for water utilities; or

(B) Estimated property damage of at least $50,000 for all other utilities.

(ii) An event that results in death, in-patient hospitalization, damage to the property of the utility which substantially affects service to the public or is otherwise significant in the judgment of the operator or utility.

(i) Sustained single feeder outages of two hours or longer to 500 or 50% of customers, whichever is fewer or as modified in the utility's Service Interruption Reporting Plan;

(ii) Single feeder outages to 25 or more customers for a period estimated to last eight hours or more.

(d) Additional reportable incidents for natural gas utilities:

(i) Any incident reportable to the National Response Center:

(A) An event that involves a release of gas from a pipeline, or of liquefied natural gas, liquefied petroleum gas, refrigerant gas or gas from an LNG facility, and that results in one or more of the following:

(I) A death, or personal injury necessitating in-patient hospitalization;

(II) Estimated property damage of $50,000 or more, including loss to the operator and others, or both, but excluding cost of gas lost; or

(III) Unintentional estimated gas loss of three million cubic feet

or more.

(B) An event that results in an emergency shutdown of an LNG facility. Activation of an emergency shutdown system for reasons other than an actual emergency does not constitute an incident.

(ii) Any service interruption, planned or otherwise occurring, that results in:

(A) Loss of service to 25 gas meters or customers, whichever is greater;

(B) An evacuation that displaces 25 people or more.

(e) Additional reportable incidents for water utilities:

(i) An interruption of water service to the utility's entire system;

(ii) A loss of service to 10% or more of the taps for eight hours or more.

(f) A utility shall follow up any reportable incident or incident reported to the SIRT with an email report within 24 hours of the initial SIRT notification or as otherwise directed by the Commission. Reports to the Commission shall include, but not be limited to:

(i) Location and geographic extent;

(ii) Damage assessment, explaining the risks and likely effects on the public, the utility's customers, other utilities and telecommunications services;

(iii) Date and time the service interruption began;

(iv) Number of customers or individuals affected;

(v) Cause, if known;

(vi) Estimated time of service restoration and basis for estimate;

(vii) Any deaths or injuries;

(viii) Efforts being undertaken to restore service;

(ix) Efforts being undertaken to assist affected individuals;

(x) Other governmental agencies notified;

(xi) Contact information for reporting individual(s);

(xii) If the event is ongoing, the time interval until the Commission will be

updated; and

(xiii) Any other information that may be necessary to assess threats or damage.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 28 Service Interruption Reporting

(a) Each utility shall report within 30 days after the end of each calendar quarter the following service interruptions, planned or otherwise:

(i) Electric utilities: all service interruptions greater than five minutes, other than meter testing or change outs;

(ii) Natural gas utilities: all service interruptions, other than meter testing or

change outs;

(iii) Water utilities: all service interruptions that result in the loss of service to five or more customers or water meters, whichever is greater.

(b) These records shall be retained by the utility for a minimum of six years.

(c) Each electric utility shall annually review its Service Interruption Reporting Plan. If there are proposed modifications and definitions of major and minor service interruptions specific to the utility's system, the revised Service Interruption Reporting Plan shall be filed with the Commission by May 1. If, after the utility's review, there is no change to the Service Interruption Reporting Plan, the utility shall so notify the Commission by letter by May 1.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 29 Filing of Standard Forms

Each utility shall provide the Commission with copies of its billing and collection forms, including statements, past due notices, disconnect notices, door hangers, payment agreements, guarantor agreements and non-assignable certificates of deposit or receipts. When the utility prepares new forms or makes significant changes to existing forms, the utility shall provide the Commission with a copy of the new or updated forms upon completion.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 30 Gas Utility Quarterly Reports

Gas utilities shall quarterly report, using forms provided by the Commission:

(a) The weighted mean monthly heating value of gas supplied to each distinguishable distribution area during the quarter, including the Wobbe Index.

(b) Gas leaks.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 31 Filing Special Contracts

Each utility shall file all special contracts governing the utility's sale of utility service or purchase of the commodity for resale. If a utility has numerous similar sale or purchase contracts, it may request to file one or a few representative special contracts in lieu of filing all such contracts.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 32 Annual Reports

Each utility shall file on or before May 1st of each year an annual report for the preceding calendar year in the form prescribed by the Commission. All annual reports shall be signed by the officer, manager or agent of the utility under whose direction the annual report is prepared.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 33 Electric, Gas, Water and Pipeline Utilities

Reserved.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 34 Succession Plans

The Commission may require a utility to file a Succession

Plan.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 35 Arrangements between Electric Utilities and Qualifying Cogeneration and Small Power Production Facilities

All electric utilities shall fully comply with this section; sections 201 and 210 of the Public Utilities Regulatory Policies Act of 1978, PL 95-617 (PURPA) and Part 292, 18 CFR Ch. I (4-1-13 edition).

(a) Filing of purchase, sale rates and contracts.

(i) All regulations, tariffs and contracts governing sales and purchases between qualifying facilities and utilities shall be filed with the Commission.

(ii) Nothing in these Rules:

(A) Limits any utility and qualifying facility from entering into a contract relating to any purchase or sale; or

(B) Affects the validity of any existing contract between any utility and qualifying facility for any purchase or sale.

(b) Any utility with sales other than resale greater than 500 million kilowatt- hours during any calendar year and legally obligated to obtain all its energy and capacity requirements from another entity shall provide, upon request, system cost data of the utility's supplying entity, including the rates at which the utility currently purchases such energy and capacity. If any utility fails to provide such information on request, the qualifying facility may apply to the Commission for an order requiring that the information be provided.

(c) Unless exempted under Paragraph (iii) of this Subsection, each electric utility shall file for approval by the Commission a method for determination of avoided costs, after public notice and opportunity for hearing.

(i) System cost data from which avoided costs may be derived shall be filed with the Commission not less than every two years or as otherwise ordered. The filing shall contain:

(A) The estimated avoided energy cost stated in blocks of not more than 100 megawatts for systems with peak demand of 1,000 megawatts or more, and in blocks equivalent to not more than 10% of the system peak demand for systems of less than 1000 megawatts. The avoided costs shall be stated on a cents per kilowatt-hour basis, during daily and seasonal peak and off-peak periods for each of the next five years;

(B) The utility's plan for the additions, acquisitions and retirements of capacity and energy by amount and source, for each of the next 10 years; and

(C) The estimated capacity costs at completion of the planned capacity additions and planned capacity firm purchases, expressed in dollars per kilowatt, and the associated energy costs of each unit, expressed in cents per kilowatt-hour. These costs shall be itemized by generating units and planned firm purchases.

(ii) The following factors shall be considered when determining avoided

costs:

(A) The utility's resource needs, as set forth in its long range planning

process;

(B) The availability of capacity or energy from a qualifying facility during the system daily and seasonal peak periods, including:

(I) The ability of the utility to dispatch the qualifying facility;

(II) The expected or demonstrated reliability of the qualifying

facility;

(III) The terms of any legally enforceable obligation, including the duration of the obligation, termination notice requirement and sanctions for non-compliance;

(IV) The extent to which scheduled outages of the qualifying facility can be coordinated with scheduled outages of the utility's facilities;

(V) The usefulness of energy and capacity supplied from a qualifying facility during system emergencies, including its ability to separate its load from its generation;

(VI) The individual and aggregate value of energy and capacity from qualifying facilities on the utility's system;

(VII) The capacity increments and the lead times available with addition of capacity from qualifying facilities;

(VIII) The ability of the utility to avoid costs; and

(IX) The costs or savings resulting from variations in line losses, if measurable, from those that would exist in the absence of purchases from a qualifying facility.

(iii) A cooperative that is an all-requirements power supply customer of a generation and transmission cooperative or other wholesale power supplier shall inform the Commission of a change to its avoided cost rate at least 30 days before the effective date of such change, or within 15 days of the cooperative's receipt of notice if less than 45 days' notice is provided to the cooperative, by filing a copy thereof and a revised rate sheet indicating the cooperative's revised avoided cost rate and its effective date. Cooperatives complying with this paragraph shall not be required to file an application for approval unless ordered to do so by the Commission.

(d) Utility purchase and sale obligations.

(i) Each utility shall sell to any qualifying facility any energy and capacity requested by the qualifying facility at the applicable tariff rates.

(ii) Each utility shall make interconnections with any qualifying facility as necessary to accomplish purchases or sales under these Rules. The obligation to pay for any interconnection costs shall be determined in accordance with subsection (l) below.

(e) Rates for purchases. For purposes of this subsection, "new capacity" means any purchase of capacity from a qualifying facility for which construction was commenced on or after November 9, 1978.

(i) Purchase rates shall be just and reasonable to the electric consumer and in the public interest. A purchase rate for purchases of new capacity satisfies the requirements if the rate equals the avoided costs determined after consideration of the factors set forth in subsection (c)(ii) above.

(ii) Nothing in this subsection requires any electric utility to pay more than the avoided costs for purchases.

(iii) The relationship to avoided costs shall be:

(A) A purchase rate (other than from new capacity) may be less than the avoided cost if the Commission determines that a lower rate is consistent with this subsection and is sufficient to encourage cogeneration and small power production.

(B) If rates for purchases are based upon estimates of avoided costs over a specific term of a contract or other legally enforceable obligation, the rates do not violate this subsection if the rates differ from avoided costs at the time of delivery.

(f) Standard rates for purchases.

(i) Each utility shall have standard rates for purchases from qualifying facilities with a design capacity of 100 kilowatts or less.

(ii) There may be standard rates for purchases from qualifying facilities with a design capacity of more than 100 kilowatts.

(iii) The standard rates for purchases under this subsection:

(A) Shall be consistent with subsections (e) and (c)(ii); and

(B) May differentiate among qualifying facilities using various technologies on the basis of the supply characteristics.

(g) Each qualifying facility shall provide:

(i) Energy as the qualifying facility determines it to be available for purchase, in which case the rates for the purchases shall be based on the purchasing utility's avoided costs calculated at the time of delivery; or

(ii) Energy only or energy and capacity pursuant to a legally enforceable obligation for the delivery of energy or capacity over a specified term, in which case the rates for such purchases shall, at the option of the qualifying facility exercised prior to the beginning of the specified term, be based on either:

(A) The avoided costs calculated at the time of delivery; or

(B) The projected avoided costs calculated at the time the obligation is

incurred.

(h) Procedures for periods during which purchases are not required.

(i) Any utility which gives notice pursuant to subsection (h)(ii) will not be required to purchase energy or capacity during any period in which, due to operational circumstances, purchases from qualifying facilities will result in costs greater than those the utility would incur if it generated an equivalent amount of energy itself.

(ii) Any utility seeking to invoke subsection (h)(i) shall provide adequate notice to cogenerators and qualifying facilities in order to allow time for their operational response. Any utility failing to do so will be required to pay the equivalent purchase of energy or capacity as would have been required had the period described in subsection (h)(i) not occurred.

(iii) The utility shall advise the Commission in advance or as soon thereafter as practicable after the event occurred.

(iv) The utility shall file with the Commission a power cost financial impact

analysis within 60 days of the end of the event.

(j) Additional services shall be provided to qualifying facilities pursuant to the electric utility's applicable tariffs:

(i) Upon request of a qualifying facility, each utility shall provide:

(A) Supplementary power;

(B) Back-up power;

(D) Interruptible power.

(ii) The Commission may waive any requirement of subsection (j)(i) if, after notice and opportunity for hearing, the Commission finds that compliance with such requirement will:

(A) Impair the utility's ability to render adequate service to its

customers; or

(B) Place an undue burden on the utility.

(k) The rate for sales of back-up power or maintenance power shall:

(i) Not be based upon an assumption (unless supported by factual data) that forced outages or other reductions in electric output by all qualifying facilities on a utility's system will occur simultaneously and/or during the system peak; and

(ii) Take into account the extent to which scheduled outages of the qualifying facilities can be usefully coordinated with scheduled outages of the utility's facilities.

(l) Interconnection costs.

(i) Each qualifying facility shall be obligated to pay any interconnection costs which the Commission authorizes the utility to collect from the facility, under the utility's interconnection tariff, on a nondiscriminatory basis; and

(ii) Any reimbursement by the utility to the qualifying facility will be made in accordance with the utility's interconnection tariff.

(m) A qualifying facility shall be required to provide energy or capacity to a utility during a system emergency only to the extent:

(i) Provided by agreement between such qualifying facility and utility;

(ii) Ordered by the Commission; or

(iii) Ordered under section 202(c) of the Federal Power Act.

(n) During any system emergency, a utility may discontinue purchases and sales when:

(i) Purchases from a qualifying facility would contribute to such emergency;

and

(ii) Sales to a qualifying facility are on a nondiscriminatory basis.

(o) Each utility shall promulgate rules and regulations for the interconnection of qualified facilities that address:

(i) Avoidance of unintentional continued energization of a circuit when the utility source of energy to the circuit has been disconnected, when a fault occurs on the utility circuit and when one phase of a three-phase line is lost to the interconnection;

(ii) Instantaneous (flicker) and long-term voltage regulation;

(iii) Frequency stability, harmonic suppression (wave form) and synchronization of units to the utility system;

(iv) The number, individual size and total capacity of units connected to a given circuit and the upgrading of circuits to accommodate more units;

(v) Reactive power requirements at each interconnection to a unit;

(vi) Circulating currents in delta-connected transformers;

(vii) Duplication of interconnection equipment;

(viii) Liability for damages to the utility system and equipment, to the facilities and equipment of the customers and to any other person who may be affected by the presence and operation of such units; and

(ix) The manner in which cost for accommodating such generation will be

recovered.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 36 Direct Sales

(a) The direct sale of a utility commodity by a person without a certificate of public

convenience and necessity is prohibited.

(b) A direct sale of a utility commodity takes place if a person separately charges tenants or other persons for a utility commodity.

(i) The provision of utility commodities in connection with the leasing or rental of facilities for less than 15 days' occupancy; or

(ii) Otherwise exempt pursuant to W.S. § 37-1-101(a)(vi)(H).

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 37 Cooperative Utilities

(a) A rate-regulated cooperative utility may file an expedited rate change application on an emergency basis to maintain minimum cash flow requirements.

(i) The application shall demonstrate that cash flow requirements are not being met under current authorized rates. The requested revenue increase may be no greater than that necessary to meet its minimum cash flow requirements on a normalized basis.

(ii) The application shall, at a minimum, include:

(A) Board of Directors' resolution authorizing the change in rates;

(B) A copy of RUS Form 7 for the previous 12-month period;

(D) Proposed rates and tariff sheets;

(E) Proof of revenue exhibit showing adjusted sales;

(F) Proposed revenues;

(G) An exhibit illustrating the current financial condition, normalizing adjustments, the additional revenues anticipated as a result of the proposed rate increase and the resulting normalized revenue requirement calculation;

(H) Exhibits which clearly illustrate the calculation of applicable financial parameters under both the existing and proposed rates and a demonstration of the minimum cash flow requirements; and

(J) An exhibit illustrating the proposed allocation of rate changes to

each customer class.

(b) Each cooperative utility shall maintain accounting records in accordance with the requirements of the RUS.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 38 Low-Carbon Energy Portfolio Standards

(a) Each electric utility subject to the provisions of W.S. § 37-18-102 shall file an initial application to establish intermediate standards and requirements by March 31, 2022. The initial application shall include, at a minimum, the following:

(i) An analysis of carbon capture, utilization and storage suitability of a utility's Coal Fired Electric Generation Facilities, owned in whole or in part with another utility or utilities subject to the provisions of W.S. § 37-18-102(a), that shall include:

(A) A description of the potential suitability of each Coal Fired Electric Generation Facility for carbon capture, utilization and storage technologies, including space requirements for the necessary equipment and other technical considerations that would support or limit implementation of any given technology for each unit;

(B) The proximity of each Coal Fired Electric Generation Facility to known sequestration locations, carbon dioxide transport pipelines, and oil fields potentially suitable for enhanced oil recovery or any other possible uses of carbon dioxide;

(C) Identification of all relevant environmental factors, including potentially applicable pollution control requirements, water availability, and a preliminary identification of all necessary permits with an estimated timeline for obtaining each permit;

(D) An estimate, on a unit basis, of the amount of annual electricity generated in megawatt-hours that would qualify as dispatchable and reliable low-carbon electricity if carbon capture, utilization and storage technology were installed;

(E) A description of the estimated impact, if any, on the operation of each unit from the installation of the carbon capture, utilization and storage technology identified as appropriate for that unit;

(F) The amount of electricity generated each year for the past five calendar years and the projected generation for the current year and each of the next two subsequent years for each unit;

(ii) A description of any public or private entities who have submitted proposals to the public utility, including pilot projects or other resources that may support the development of carbon capture, utilization and storage technology on the utility's Coal Fired Electric Generation Facilities;

(iii) A description of any potential offsets or revenue streams, including but not limited to:

(A) Availability of any tax credits;

(B) Revenue from carbon dioxide sales; and

(iv) Results of an economic analysis from the most recent integrated resource plan, or other comparable analysis, projecting the costs for equipping each unit in a utility's Coal Fired Electric Generation Facility with any carbon capture, utilization and storage technology identified as potentially appropriate for that unit;

(v) A description of any rate recovery mechanism for incremental costs incurred to comply with the dispatchable and reliable low-carbon electricity generation standard, including:

(A) An estimate of the annual collection amount from each customer's total electric bill equal to the cap set forth in W.S. § 37-18-102(c)(iii); and

(B) Any proposal for a higher rate of return on equity.

(vi) Based on paragraphs (i) through (v) of this subsection, a utility shall establish and include in its application a plan to complete a technical analysis for carbon capture, utilization and storage technology identified to achieve the dispatchable and reliable low-carbon electricity generation standard. The plan shall include:

(A) Identification of specific unit or units at the utility's Coal Fired Electric Generation Facilities for which the utility will complete a technical analysis. The utility shall also identify any units it will not analyze and demonstrate why a technical analysis is not appropriate;

(B) A timeline and description of the technical analysis;

(C) Estimated incremental costs to complete the technical analysis and the proposed regulatory recovery method for any associated costs incurred to complete the analysis;

(D) An estimate of the generation at identified units and the associated projected costs in comparison to an energy portfolio standard set at twenty percent (20%), forty percent (40%), sixty percent (60%), and eighty percent (80%), in each case as a percentage of the utility's Wyoming load under the following scenarios;

(I) The utility's actual retail sales in kilowatt-hours in Wyoming during calendar year 2021; and

(II) A forecast of the utility's retail sales in kilowatt-hours in Wyoming for calendar years 2021 through 20303.

(E) An estimate of the highest economically feasible energy portfolio standard and identified units to meet that standard.

(vii) Any other information the Commission deems appropriate.

(b) After the initial application, each utility shall file an application providing updates to its plan annually no later than March 31. The updates shall include, where applicable:

(i) A report of all steps taken in the past calendar year to implement its plan;

(ii) A description and support for any material changes to the information required in sections (a)(i) through (iv) above;

(iii) An updated analysis for the energy portfolio standards set forth in subsection (a)(vi)(D) above; and

(iv) Any proposed amendments to the plan.

(c) No later than March 31, 2023, the utility will submit for Commission approval a final plan with its proposed energy portfolio standard for dispatchable and reliable low-carbon electricity, its plan for achieving the standard, and a target date of no later than July 1, 2033.

(i) The final plan shall, at a minimum, include:

(A) A summary, results, and supporting workpapers for technical analysis completed and approved in the initial application in paragraph (a)(vi) along with any updates;

(B) The utility's estimation of the highest economically feasible energy portfolio standard in accordance with W.S. § 37-18-102(c)(iii); and

(C) In no case shall a portfolio standard be set at less than twenty percent (20%) of retail Wyoming sales for an identified calendar year unless the utility establishes by clear and convincing evidence that a minimum twenty percent (20%) standard is not economically or technically feasible.

(d) No application under subsection (a) of this Rule is required for any unit in a Coal Fired Electric Generation Facility where a utility subject to this Commission's jurisdiction has a part-ownership interest in the facility with another utility or utilities, one or more of which is not subject to the Commission's jurisdiction pursuant to W.S. § 37-1-101. If the ownership of a unit changes so that all owners are subject to Commission jurisdiction pursuant to W.S. § 37-1-101, the utility or utilities shall file a joint application as required by subsection (a)(vi) within ninety (90) days of the change in ownership.

(e) Each utility subject to the provisions of W.S. § 37-18-102(a) shall file a report annually by June 1 providing its Electric Reliability and Power Quality outcomes and describing the steps taken to determine the market for carbon dioxide from the electric generation.

(i) The initial report shall establish the utility's baseline standard for Electric Reliability. Subsequent annual reports shall update the baseline standard.

(ii) In its discretion, the Commission may require a utility, after notice and opportunity for a hearing, to take any reasonably necessary steps to maintain reasonable levels of Electric Reliability and Power Quality.

History

Effective 2025-07-16

Wyo. Code R. 023.0002.3.09112025 § 39 Certificated Territory

(a) Any utility having knowledge of a direct or indirect provision of service by one utility for use in any other utility's territory without authority shall promptly notify the Commission. Upon receipt of a Notification, Complaint, or other information indicating such unauthorized service, the Commission may:

(i) Upon request of either utility or affected customer subject to the disclosure in (a) defer action on the notification for a reasonable period to allow the utilities and affected customers an opportunity to resolve the matter by agreement. Any agreement reached under this subsection shall be subject to Commission approval.

(ii) Require either utility or the customer to install a meter at the territorial boundary, to be paid for, owned and operated as determined by the Commission after notice and opportunity for hearing, so that the quantity of energy (and demand) delivered is known from the time of installation;

(iii) After notice and opportunity for hearing, require payments between the utilities and/or additional payment by the customer involved. Payments may be either one-time or ongoing as determined by the Commission;

(iv) After notice and opportunity for hearing, take any other action that the public interest may require, including, but not limited to, revising the boundaries of Certificates of Public Convenience and Necessity.

History

Effective 2025-07-16

Chapter 4 Telecommunications Companies

Wyo. Code R. 023.0002.4.08282020 § 1 Definitions

(a) All definitions contained within Wyoming Statute §§ 37-15-103 through 105, Commission Rules Chapter 1, Section 2, and Chapter 5, apply to Chapter 4, as applicable. In addition:

(i) ANSI: American National Standards Institute.

(ii) Application for telecommunications service: where a construction agreement is not required, an application for telecommunications service shall be considered made when the customer either verbally or in writing requests service utilizing the Company's designated service request procedures. Where a construction agreement is required, an application shall be considered as made when the customer accepts the Company's cost estimate as evidenced by the Company's receipt of the applicable construction agreement signed by the customer, and the customer makes any required advance payment to the Company and complies with any other requirements in the Company's approved price schedules;

(iii) Central office: the inside plant of the Company as an operating unit, including the switch or remote switching terminal or module, or other central offices within the same or at other local exchange areas providing telecommunications services to the general public for terminating and interconnecting lines and trunks, for both local and long distance;

(iv) CFR: the Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.

(v) Channel: a transmission path for telecommunications between two points. Channel may refer to a one-way path or, when paths in the two directions are always associated, a two-way path. A channel is the smallest subdivision of a transmission system by means of which a single type of telecommunications service is provided;

(vi) Class of service: a subgrouping of customers for the purpose of rate distinctions, such as nature of use (business or residence) or type of rate (flat or measured);

(vii) Community of interest: an area consisting of one or more local exchange areas in which the general population has similar governmental, health, public safety, business or educational interests, or a geographic area determined by the Commission;

(viii) Company or companies: means "telecommunications company" as defined in Wyoming Statute § 37-15-103(a)(xi);

(ix) Customer: any person, firm, partnership, corporation, municipality, cooperative, organization, governmental agency or other legal entity which has applied for, been accepted and is currently receiving telecommunications service. This definition does not apply to those telecommunications services provided pursuant to an interconnection and/or wholesale agreement;

(x) Customer trouble report: any customer report to a Company's repair telephone number or written report to the Company relating to physical defects or operational deficiencies in the Company's facilities. All reports received about a specific physical defect or operational deficiency shall be counted as one trouble report until the defect or deficiency is corrected;

(xi) Eligible Telecommunications Carrier (ETC): a common carrier that is authorized by the Commission to receive federal universal service support as required by 47 U.S.C. 214(e)(2).

(xii) Facility or facilities: equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). Also referred to as "telecommunications equipment";

(xiii) FCC: the Federal Communications Commission is the federal agency that regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories;

(xiv) Interconnection: the linking of two networks for the mutual exchange of traffic;

(xv) Local access line: the transmission telecommunications service and facilities necessary for the connection between the customer's premises and local network switching facility, including the necessary signaling service used by customers to access essential telecommunications services;

(xvi) Local calling area: the geographic area approved by the Commission as a community of interest in which customers may make calls without payment of a toll charge. The local calling area may include other local exchange areas in addition to the serving local exchange area;

(xvii) Local exchange area: a designated geographical area established by a Company for telecommunications services approved by the Commission;

(xviii) NESC: the National Electrical Safety Code is published by the Institute of Electrical and Electronics Engineers. The NESC sets ground rules for installation, operation or maintenance of electric supply and communication lines and associated equipment;

(xix) New Entrant: A telecommunications company that began providing telecommunication service within an existing local exchange area after July 1, 2007. A telecommunications company that acquires local exchange facilities or other assets from another telecommunications company for the provision of noncompetitive telecommunications services or a non-affiliated telecommunications company that begins providing noncompetitive telecommunications services in a new local exchange area after July 1, 2007 is not a "new entrant."

(xx) Out-of-service: when the customer's telecommunications service quality is such that the customer cannot effectively originate or receive calls, or otherwise use the telecommunications service;

(xxi) Price schedule or tariff: the schedule of prices, tolls, rentals, policies, charges, classifications, practices and rules and regulations which a Company files with the Commission or maintains on its website;

(xxii) Service interruption: the inability of an end user to establish or maintain a channel of telecommunications service as a result of failure or degradation of a Company's network;

(xxiii) Single party service: a grade of local exchange area telecommunications service which provides that only one customer shall be served by a single channel connecting the customer's telecommunications service location with the serving central office;

(xxiv) Station equipment: a device and any other necessary equipment at the customer's premises which allows the customer to establish and continue telecommunications service and which conforms to and does not exceed the requirements and specifications for the specific telecommunications service ordered as described by price schedule, contract or tariff;

(xxv) Telecommunications Services: telecommunications services as defined by Wyoming Statutes §§ 37-15-103(a)(xii), 37-15-104 and 37-15-105;

(xxvi) USAC: The Universal Service Administrative Company is an independent, not-for-profit corporation designated by the FCC as the administrator of the universal service fund. USAC collects contributions from telecommunications carriers and administers support programs designed to help communities across the country secure access to affordable telecommunications services.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 2 Quality and Adequacy of Service

(a) The Company shall employ prudent management, engineering and maintenance practices, including budgeting and prioritizing resources, to assure that sufficient equipment and personnel are available to provide safe, adequate and continuous telecommunications service.

(b) Acceptable standards for the basic elements of telecommunications service, which are technically feasible and economically reasonable to provide safe, adequate and continuous service, include at a minimum, the following:

(i) The Company shall construct, operate and maintain all local access lines used for individual line telecommunications service so that the transmission loss does not exceed 8.5 dB measured at a frequency within 2% of 1,000 Hz (1,000+/-20). Loss is measured at the interface with the Company's network at the customer's network interface device and must account for all losses between the central office and the customer's premises;

(ii) All local access lines shall receive a minimum of 20 milliamperes of line current into an assumed station resistance of 430 ohms. Total line resistance, excluding station equipment, shall not exceed the basic operational limits of the central office. Range extension equipment shall be applied to customer lines which are longer than the basic working limits of the central office;

(iii) Local access lines shall be capable of transmission of a bandwidth of 2,700 Hz with a frequency range of 300 Hz to 3,000 Hz;

(iv) Dual tone multi-frequency signaling (DTMF), or its functional equivalent, shall be supported for all access lines;

(v) Single party telecommunications service shall permit the user to have exclusive use of a wireline subscriber loop or local access line channel for each call placed or, in the case of wireless telecommunications, a dedicated message path for the duration of a user's particular transmission; and

(vi) Local access lines shall be capable of accessing operator, directory assistance, toll services and emergency (911 and E911 where implemented) telecommunications services.

(c) The Company shall maintain its network so as to minimize customer trouble reports for telecommunications services and shall not exceed five reports per 100 access lines, per month per specific local exchange area for any consecutive three-month period.

(d) This section does not establish a level of telecommunications service quality to be achieved during periods of emergency, catastrophe and natural disaster affecting large numbers of customers, nor shall it apply to extraordinary or abnormal conditions of operation, such as those resulting from work stoppage, civil unrest or force majeure.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 3 Provision of Service During Emergencies

(a) Companies shall make reasonable provisions to meet emergencies, including the ability to reroute traffic around damaged facilities and manage traffic spikes.

(b) For any central office, toll switching facility, tandem switching facility or any facility critical to network integrity, permanent auxiliary power generation capable of sustaining functionality for a minimum of eight hours shall be installed and operable. Quarterly functional tests shall be conducted to assure auxiliary power sources correctly activate and continue uninterrupted facility operation.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 4 Service Interruptions

(a) Companies shall make all reasonable efforts to avoid interruptions of telecommunications service and, when interruptions occur, shall re-establish service in a timely and safe manner.

(b) Companies shall notify the Commission of all planned major telecommunications service interruptions, defined per tariff, at least 48 hours in advance, except in emergencies. Companies shall make reasonable efforts to provide affected customers two business days' notice of a planned service interruption.

(c) Local access line telecommunications service interruptions affecting public safety or which apparently will result in prolonged and serious loss of service to a significant number of a Company's customers shall be reported to the Commission by contacting, within two hours of onset of the event, the Commission's Service Interruption Reporting Telephone number (SIRT). A Company shall follow up any incident reported to the SIRT with an email report within 24 hours of the initial SIRT notification or as otherwise directed by the Commission. Reports to the Commission shall include, but not be limited to:

(i) Location and geographic extent;

(ii) Damage assessment;

(iii) Date and time the telecommunications service interruption began;

(iv) Number of customers or individuals affected;

(v) Cause;

(vi) Estimated time of telecommunications service restoration and basis for estimate;

(vii) Efforts being undertaken to restore telecommunications service;

(viii) Efforts being undertaken to assist affected individuals;

(ix) Other governmental agencies notified;

(x) Contact information for reporting individual(s);

(xi) If the event is ongoing, the time interval until the Commission will be updated; and

(xii) Any other information that may be necessary to assess threats or damage.

(d) Any outage report filed with the FCC shall be simultaneously provided to the Commission.

(e) Companies shall submit a written, confidential list of contact names and telephone numbers to be used when a telecommunications service interruption occurs. The list shall:

(i) Be resubmitted each January and July, whether or not the contact person(s) have changed since the last submittal;

(ii) Be updated as soon as a contact changes;

(iii) Include contact information with individuals who are knowledgeable about telecommunications service interruptions, the estimated duration and the possible causes of service interruptions; and

(iv) Include contact information to communicate with the individual(s) who are available to confer with the Commission at all times.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 5 Construction and Maintenance Standards

(a) Construction standards.

(i) Companies shall use the following safety standards for construction of new facilities:

(A) NESC approved by ANSI, Standard C2; and

(B) Current accepted engineering standards for the construction of telecommunications plant.

(ii) All telecommunications cables, both direct and in conduit, shall be installed at least 12 inches below the final surface grade. This requirement is not waived if a Company opts to install buried cable before the final grade is established.

(iii) Companies shall use Part 68, Title 47 of the CFR for the connection of its new or existing telecommunications plant with terminal equipment of a customer;

(iv) Companies shall coordinate with utilities and other Companies to avoid or eliminate any interference. The owner of new facilities interfering with existing facilities constructed in accordance with relevant and applicable standards shall bear the cost of correction and mitigation.

(b) Maintenance standards.

(i) Companies shall use the following safety standards for maintenance and operation of facilities:

(A) The NESC approved by the ANSI, Standard C2; and

(B) Practices standard in the industry.

(ii) Each Company shall adopt and comply with maintenance programs, including periodic testing, inspections and prevention, to ensure efficient operation of its system for the rendering of safe, adequate and continuous telecommunications service.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 6 Information to Applicants and Customers

(a) The Company shall provide access to information relating to its telecommunications services and prices, accept and process applications for service, explain charges on customers' bills, adjust charges made in error and generally provide assistance to its customers.

(b) The Company shall provide customers the following information:

(i) Price schedules and terms and conditions of telecommunications service applicable to the service being requested;

(ii) Maps for each local exchange area's price zones and boundaries in sufficient size and detail to determine customers' mileage and zone charges;

(iii) Information about the availability of telecommunications services at customer-specified locations and public information concerning plans for major service changes in the area; and

(iv) Information pertaining to telecommunications services and prices as proposed in pending price schedule filings.

(c) Companies posting prices, telecommunications services and information online through a website shall provide the Commission with a current Uniform Resource Locator (URL) for each location where such information is posted.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 7 Requests for Telecommunications Service

(a) The Company shall employ prudent management, engineering, planning and design practices to assure that adequate facilities are in place to meet customer requests for essential telecommunications service within a reasonable time. All Companies shall file or post approved price schedules, standard construction agreements or other documents describing the conditions and costs under which telecommunications service extensions are available.

(b) Where adequate facilities to and on the customer's premises exist, local exchange telecommunications service shall be provided 95% of the time within five working days from the customer's application date. Companies shall maintain records to demonstrate compliance with this section.

(c) Where construction is necessary and charges apply, the Company shall provide a written good faith cost estimate of the construction charge to the customer within 30 days of a request. The estimate shall inform the customer that receipt of a signed construction agreement is required before the customer's request will be considered an application for telecommunications service. The customer shall have no fewer than 30 days to accept and return the signed construction agreement. A signed construction agreement and customer payment of any required construction advances shall be notice to the Company that the customer desires service. The date of receipt by the Company of the signed construction agreement, any advance payment and compliance with any other advance requirements in the Company's approved price schedules shall be considered the application date, unless a later date is mutually agreed upon by the customer and the Company.

(d) Applicants for local exchange telecommunications service shall be given written or verbal notice documenting the expected date of service. The applicant shall be notified immediately if the expected date of service changes. The notice shall state the reason for the change, the expected date of service and, in case of delay, all remedies available to the applicant.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 8 Held Service Orders

(a) An application to the Company for local exchange telecommunications service shall be considered a held service order if not completed within 30 days after the application date or a later date mutually agreed upon by the customer and the Company.

(b) If the Company can reasonably provide initial local exchange telecommunications service without major construction and fails to provide it within 30 days of the customer's application date, the Company shall provide the customer an alternative form of local exchange service or payment for an alternative form of service, at the Company's option.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 9 Customer Deposits

(a) A Company may require a deposit to guarantee payment. This deposit shall not be considered advance payment of bills, but shall be held as security for payment for telecommunications service rendered. The Company may refuse service to an applicant or terminate service to a customer for failure to comply with this section. Company policies governing deposits shall be applied uniformly.

(b) The Company may require a customer deposit if:

(i) A prior telecommunications service account with the Company remains unpaid and undisputed at the time of application for telecommunications service;

(ii) Telecommunications service from the Company has been terminated for:

(A) Nonpayment of any undisputed delinquent bill;

(B) Failure to reimburse the Company for damages due to the customer's negligent or intentional acts; or

(iii) Information provided upon application for telecommunications service is materially false or misrepresentative;

(iv) The application is for initial telecommunications service with the Company or the applicant did not have service with the Company for a period of at least 12 consecutive months during the past four years;

(v) The applicant or customer is unable to pass an objective credit screen;

(vi) The request is for telecommunications service at an address where a former customer with an undisputed delinquent bill for service still resides or conducts business; or

(vii) The applicant for telecommunications service, or the customer, has been brought within the jurisdiction of the bankruptcy court or has had a receiver appointed in a state court proceeding, within the five-year period immediately preceding the request for service.

(c) A Company shall not require a deposit as a condition of new or continued telecommunications service based upon any criterion not specifically authorized by these Rules.

(d) Unless otherwise ordered by the Commission, the required deposit shall not exceed the amount of the average estimated bill for 60 days of telecommunications service.

(e) The Company shall retain records showing:

(i) The name and address of each customer making the deposit;

(ii) The date and amount of the deposit; and

(iii) Each accounting transaction concerning the deposit.

(f) The Company shall provide the customer a non-assignable receipt or other record of deposit, showing the date and amount received.

(g) The Company shall calculate simple interest on deposits at the Commission's Authorized Interest Rate. Interest shall apply only to deposits held for at least six months, but will accrue from the initial date of deposit through the date the deposit is returned to the customer.

(h) Deposits and any unpaid interest earned on deposits shall be applied as a credit to customer's bill, unless requested by the customer to be refunded, when:

(i) The accrued interest equals or exceeds $10.00. The Company shall apply the credit at least annually;

(ii) A customer has received 12 consecutive months of telecommunications service, with no cause to disconnect and bills have been paid when due; or

(iii) Telecommunications service is discontinued. The Company shall not require the customer to provide the original receipt in order for the deposit to be returned. Any credit balance on the account after the deposit is applied shall be refunded to the customer. If the Company is unable to make the refund due to lack of knowledge of the customer's location, additional interest will not accrue after the service discontinuation date. The Company shall manage such deposits as unclaimed property as required by Wyoming law.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 10 Advance Payment for Telecommunications Service, Billing, and Refunds to Customers

(a) A Company may require an applicant for telecommunications service to pay, in advance, the monthly service charge and fixed charges applicable for the first month of service.

(b) All bills shall be rendered periodically to customers and shall reflect all call details and other factors upon which the bill is based. Each bill shall bear upon its face the date of the bill and the latest date on which it may be paid without penalty.

(i) A customer's telephone remains out of service in excess of 48 consecutive hours after report thereof by the customer to the Company. The Company shall refund or credit to the customer the prorated portion of that month's charges for the period the telephone was out of service. Out-of-service credits shall not be available when the service interruption is due to conditions identified in section 2(d) of these Rules;

(ii) The amount due to the customer is greater than the amount due the Company for telecommunications services rendered; or

(iii) Telecommunications service is discontinued after payment in advance, either upon request of a customer or by the Company for violation of its rules and regulations. The Company shall refund to the customer that portion of the month's charges for the time the telephone was not used, except where:

(A) Charges for a minimum term of service, as provided by the Company's price schedule, are applicable; or

(B) The customer, at the time service is discontinued, is indebted to the Company in an amount sufficient to offset the amount of refund.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 11 Discontinuation of Telecommunications Service to Customers and Reconnection After Service Discontinuation

(a) Unless otherwise ordered by the Commission, no Company shall terminate service to any customer for violating its rules and regulations or for nonpayment of bills for service until the Company has given at least seven calendar days' notice to the customer.

(i) The name of the person whose account is delinquent and the service address to be discontinued;

(ii) The rule or regulation that was violated or the amount of the unpaid delinquent bill;

(iii) The effective date of the notice and the date on or after which service is to be discontinued;

(iv) The Company's specific address and phone number for information regarding how to avoid service discontinuation; and

(v) A statement advising the customer how to contact the Commission if discontinuation is disputed.

(c) The notice shall inform the customer that, if prior to the initial date for the discontinuation, the customer provides the Company with written verification from a health care provider responsible for the care of a customer or his/her co-habitants stating that their health or safety would be seriously endangered if telecommunications services were discontinued, the Company shall extend the date for discontinuation set forth in the notice by 15 days (22 days total) to allow for bill payment.

(d) The Company may discontinue service between 8:00 a.m. and 4:00 p.m., Monday through Thursday, without further notice when:

(i) The notification period has elapsed and the delinquent account has not been paid;

(ii) Acceptable payment arrangements have not been made with the Company; or

(iii) The Company is not satisfied the customer has ceased violating the Company's rules and regulations.

(e) Any Company may discontinue service to a customer without advance notice for reasons of safety, health, cooperation with civil authorities, fraudulent use, or tampering with or destroying Company service facilities.

(f) If a telecommunications bill, or portion of a bill, is in dispute and, if the customer pays the portions not in dispute, the Company may not disconnect service for nonpayment of the disputed bill while the dispute is unresolved.

(g) When telecommunications service has been disconnected for violation of the Company's rules and regulations, nonpayment of bills or fraudulent use of service, and the customer desires the service to be reconnected, the Company may require the customer to pay in full all bills due for service rendered up to the date service was discontinued, plus such reasonable reconnection charge as is stated in the Company's tariffs, prices, price schedules, rules and regulations. The Company shall not be required to restore service in such cases until the customer has complied with all of the Company's rules and regulations on service reconnections.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 12 Complaints

(a) Informal complaints may be resolved at the discretion of the Commission.

(b) Formal complaints to the Commission:

(i) A formal complaint to the Commission shall contain:

(A) A clear and concise statement of the relevant facts;

(B) Reference to the statutes, rules or orders that the complainant alleges have been violated;

(D) The name and address of attorneys involved, if any; and

(E) The name of the respondent against which the complaint is made and whether a hearing is requested. A formal complaint requesting a hearing must be in writing.

(ii) A respondent shall file an answer to a formal complaint within 20 days after the date of its receipt. The respondent may request a hearing, in writing, on any formal complaint.

(iii) The complainant and respondent may resolve any formal complaint by written agreement filed with and approved by the Commission.

(i) Each Company shall make a full and prompt investigation of all complaints and shall retain a record of all such complaints received for a period of three years; and

(ii) The record shall include the name and address of the complainant, the date and character of the complaint and its resolution.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 13 Requirements for Commission Designation of ETCs Pursuant to the Annual Certification Guidelines and Standards Set Forth in Part 54 of Title 47 of the CFR

(a) The Commission shall review the carrier's application for ETC designation for compliance with 47 U.S.C. §§ 214(e) and 254(f). The Commission shall determine whether any such designation serves the public interest, convenience and necessity. The Commission's public interest analysis shall consider the carrier's application; the carrier's response to the provisions set forth below; any cost-benefit analysis prepared by the carrier relating to customer choice; any advantages of the carrier's service offering; and evidence produced at hearing, if any hearing is held. The Commission shall consider the fundamental goals of preserving and advancing universal service to ensure the availability of quality telecommunications at just, reasonable, and affordable rates; and to promote the deployment of advanced telecommunications and information services to all regions of the state, including rural and high-cost areas.

(b) Each carrier seeking designation by the Commission as an ETC throughout a specified service area in order to receive "high cost support" as defined at 47 CFR § 54.5 shall satisfy the following subsections except (b)(xi). Each carrier seeking limited designation by the Commission as an ETC throughout a specified service area in order to receive Lifeline "low income" support as defined at 47 CFR § 54.400 et seq. shall satisfy the following subsections except (b)(v) and (viii).

(i) Demonstrate the carrier's technical, financial and managerial ability to provide to all customers making a reasonable request for service, and to advertise using media of general distribution, the following supported services throughout the service area for which it is requesting ETC designation:

(A) Voice grade access to the public switched network or its functional equivalent;

(B) Minutes of use for local service provided at no additional charge to end users;

(C) Access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911 to the extent these systems have been implemented; and

(D) Toll limitation services to qualifying low income consumers.

(ii) Demonstrate the carrier will offer and advertise the prices and availability of the Lifeline and Tribal Linkup programs in a manner designed to reach those likely to qualify for these programs, throughout the service area for which the carrier is seeking ETC designation;

(iii) Demonstrate the carrier's commitment and technical, financial and managerial ability to provide service on a timely basis to requesting customers within the carrier's service area where the carrier's network already passes the requesting customer's premises;

(iv) Demonstrate the carrier's commitment and technical, financial and managerial ability to provide service within a reasonable period of time, if a requesting customer is within the carrier's licensed or certificated service area, but outside its existing network coverage, if service can be provided at reasonable cost;

(v) Submit a five-year plan detailing on a local exchange area basis proposed improvements or upgrades to the carrier's network throughout the carrier's proposed designated service area. Each carrier shall demonstrate: how service quality, coverage, capacity, call completion and access, including broadband access, will improve due to the receipt of federal support; the projected start and completion dates and costs for each improvement; the specific geographic area where the improvements will be made; and the estimated population to be served as a result of the improvements;

(vi) Demonstrate the carrier's commitment and technical, financial and managerial ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities and is capable of managing traffic spikes resulting from emergency situations;

(vii) Demonstrate the carrier will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's (CTIA) Consumer Code will satisfy this requirement. Other commitments will be considered on a case-by-case basis;

(viii) Demonstrate the carrier will offer a plan or plans, including minutes, price and coverage area, comparable to those offered where the carrier is seeking ETC designation;

(ix) Provide a detailed map of the service area for which the carrier is seeking ETC designation, including the location and the effective coverage area of each cellular tower, if applicable. The Commission may require such maps be submitted in a designated electronic format;

(x) Demonstrate the carrier will offer the supported services using either entirely its own facilities or a combination of its own facilities and resale of another carrier's services or provide documentation from the FCC demonstrating approval of the carrier's "Compliance Plan" and receipt of forbearance from the "own facilities" provisions of federal law;

(xi) Provide documentation describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan; and

(xii) Provide a copy of the carrier's application to the affected Tribal government and Tribal regulatory authority, as applicable, at the time the carrier files with the Commission for any Tribal lands included as part of the carrier's request for ETC designation.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 14 Annual Reporting Requirements for All Previously Designated ETCs Pursuant to the Annual Certification Guidelines and Standards Set Forth in Part 54 of Title 47 of the CFR

(a) For an ETC previously designated by the Commission, or previously designated by the FCC, to be certified to receive support for the following calendar year, or to retain its ETC designation, each ETC shall submit to the Commission the annual reporting information listed below on or before July 15.

(b) Each ETC receiving any "high cost support" as defined at 47 CFR § 54.5, or any Lifeline "low income support" as defined at 47 CFR § 54.400 et seq., shall file an unredacted copy of the federal annual ETC report with supporting documentation. To the extent the following requirements are not fully satisfied by the report, include additional supplemental information.

(i) Detailed information on a local exchange area basis of any outage, as that term is defined in 47 CFR § 4.5, of at least 30 minutes in duration for each service area in which an ETC is designated for any facilities it owns, operates, leases or otherwise utilizes that potentially affect: at least 10% of the end users served in a designated service area; or, a 911 special facility, as defined in 47 CFR § 4.5(e). Specifically, the ETC's annual report must include information detailing:

(A) The date and time of onset of the outage;

(B) A brief description of the outage and its resolution;

(D) The geographic areas affected by the outage;

(E) Steps taken to prevent a similar situation in the future; and

(F) The number of customers affected.

(ii) For high cost support recipients only, documentation detailing the number of requests for service from potential customers within the ETC's service areas that were unfulfilled, including how it attempted to provide service to those potential customers, as set forth in Rules 13(b)(iii) and (iv);

(iii) Documentation detailing the number of complaints per 1,000 connections (fixed or mobile;

(iv) Documentation detailing how the carrier is complying with applicable consumer protection and service quality standards, or for wireless carriers, the CTIA Consumer Code;

(v) Documentation detailing how the carrier is able to function in emergency situations as set forth in Rule 13(b)(vi).

(vi) Documentation detailing the carrier's holding Company, operating Companies, affiliates that are designated ETC's and/or provide retail broadband service, and any branding (a "d/b/a" or brand designation), as well as universal service identifiers. "Affiliates" is defined as "a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person." "Own" means to own an equity interest (or the equivalent thereof) of more than 10%;

(vii) For high cost support recipients only, to the extent the carrier serves federally recognized Tribal lands, documentation demonstrating the ETC had discussions with Tribal governments that, at a minimum, included:

(A) A needs assessment and deployment planning with a focus on Tribal community anchor institutions;

(B) Feasibility and sustainability planning;

(D) Rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and

(E) Compliance with Tribal business and licensing requirements. Tribal business and licensing requirements include business practice licenses that Tribal and Non-Tribal business entities, whether located on or off Tribal lands, must obtain upon application to the relevant Tribal government office or division to conduct any business or trade, or deliver any goods or services to the tribes, Tribal members or Tribal lands.

(viii) For low income only recipients, documentation describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, any additional charges for toll calls and rates for each such plan; and

(ix) Documentation detailing how the carrier offers and advertises the prices and availability of the Lifeline and Tribal Linkup programs in a manner designed to reach those likely to qualify for these programs, throughout the service areas for which the carrier has been designated an ETC.

(i) If not already on file, a current detailed map of the service areas for which the carrier has been designated an ETC, including the location and the effective coverage area of each cellular tower, if applicable. The Commission may require such maps be submitted in a designated electronic format;

(ii) Documentation detailing the total amount of all federal "high cost" and "low income" support received in the previous calendar year and in the current year to date, categorized by "support mechanism;"

(iii) For high cost support recipients only, documentation detailing on a local exchange area basis, if available, expenditures for the previous calendar year and the current year to date, for the provision, maintenance and upgrading of facilities and services for which the support is intended where the carrier has been designated an ETC;

(iv) Documentation, or reference to approved price schedule, detailing how the carrier offers the supported services, listed below, throughout the service areas in Wyoming where the carrier has been designated an ETC:

(A) Voice grade access to the public switched network or its functional equivalent;

(B) Minutes of use for local service provided at no additional charge to end users;

(C) Access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911 to the extent these systems have been implemented; and

(D) Toll limitation services to qualifying low income consumers.

(v) If not already on file, a copy of the current service agreement the carrier offers to its universal service customers, including all terms and conditions.

(d) Each ETC receiving less than $5,000 in the aggregate of either "high cost" or "low income" support, may apply to the Commission for a waiver of all or part of these annual filings. Waivers will be considered on a case-by-case basis.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 15 Records and Reports

(a) Each Company shall file on or before May 1st of each year an annual report for the preceding calendar year in the form prescribed by the Commission. All annual reports shall be signed by the officer, manager or agent of the Company under whose direction the annual report is prepared.

(b) Companies and CPCN holders shall preserve the following records for at least three years after the date of entry of the record:

(i) Held service orders.

(A) The Company shall keep records, by local exchange area, of each instance of a held service order. The record shall indicate the name and address of each applicant for telecommunications service, the date of application, the class of service applied for, whether the held service is for a first line or an additional line, the reason for the delay, the expected date of service and whether a construction agreement was executed.

(B) The Company shall maintain by local exchange area the total number of held service orders categorized by reason for delay and by dates of application without regard to the length of time the application has been held or the estimated cost of fulfilling the order.

(ii) Maintenance and operations records. Records of the tests and inspections, necessary for the Company to fulfill the requirements of these Rules, shall be maintained. Corrective maintenance records shall identify the line or facility tested or inspected. The records shall include sufficient detail to show that adequate testing conditions existed and that timely and effective corrective action was undertaken;

(iii) Customer trouble reports. The Company shall maintain customer trouble reports by local exchange area through which patterns and trends indicating the need for plant improvement may be identified;

(iv) Record of construction charge estimates. The Company shall maintain a record of each issuance of a construction charge estimate, as set forth in section 7(c) of these Rules. The record shall include the name and address of each applicant for telecommunications service, the date the construction charge estimate was sent to the applicant, the class of service applied for, if the request was for a first line or an additional line, the dollar amount of the estimate, a listing of materials needed and whether the estimate involved a group of applicants.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 16 Notices and Applications

(a) When required, an application for a certificate of public convenience and necessity shall include, if applicable:

(i) The name and address of the applicant;

(ii) The type of plant, property or facility proposed to be constructed or acquired;

(iii) A description of the facilities proposed to be constructed or acquired, including preliminary engineering specifications in sufficient detail to properly describe the principal systems and components, and final and complete engineering specifications when they become available;

(iv) The rates, if any, proposed to be charged for the telecommunications service that will be rendered because of the proposed construction or acquisition;

(v) The estimated total cost of the proposed construction or acquisition;

(vi) The manner by which the proposed construction or acquisition will be financed;

(vii) Documentation of the financial condition of the applicant;

(viii) The estimated annual operating revenues and expenses that are expected to accrue from the proposed construction or acquisition, including a comparison of the overall effect on the applicant's revenues and expenses; and

(ix) The estimated start and completion dates of the proposed construction or date of acquisition.

(b) A Company providing non-competitive essential local exchange telecommunications services shall file an application prior to discontinuing, abandoning or otherwise disposing of any utility facility or telecommunications service currently offered to the public. The application shall provide all studies of past, present and prospective customer use of the utility facility or telecommunications service.

(i) An application shall not be required:

(A) To remove individual facilities where a customer has requested telecommunications service discontinuance; or

(B) For de minimis sales and dispositions of utility plant or facilities that do not affect a Company's ability to provide safe, adequate and reliable telecommunications service. De minimis sales and disposition do not include the sale or disposition of distribution facilities, major utility facilities or facilities valued at more than 1% of a utility's Wyoming gross plant in service; or

(C) For easements and rights-of-way and leases or sale of real property that do not affect a Company's ability to provide safe, adequate and reliable telecommunications service, provided that such transactions shall be reported to the Commission on the 15th day of January and July each year. The reports shall include an itemized list of all transactions, their value and a description of the disposition of all funds received.

(i) The proposed price schedules shall be posted on the Company's website and in offices and places of business in the territory affected when the proposed change is filed with the Commission. Approved tariff sheets shall be similarly posted for 30 days after their effective date;

(ii) Proposed price schedules shall be filed in clean and legislative formats. Legislative format shall indicate deleted material in strikeout and added material in underline. The version in legislative format shall not be part of the Company's price schedule.

History

Effective 2020-08-28

Wyo. Code R. 023.0002.4.08282020 § 17 Price Schedules

(a) All price schedules shall:

(i) Be accompanied by a cover page stating the Company's name and the location of the Company's principal office;

(ii) Include a table of contents;

(iii) Describe the territory the Company serves;

(iv) Include the applicable price schedules, showing all prices and charges for the various separate classes of telecommunications service and the Company's rules and regulations. All prices shall be clearly and explicitly stated in cents or dollars and cents per defined unit;

(v) Separately identify each price schedule where more than one price schedule is available for various classes of telecommunications service;

(vi) State the area, city or other district in which the price schedules and charges apply;

(vii) Be available for public inspection during the regular office hours;

(viii) Identify the P.S.C. Wyo. Number of the price schedule. Subsequent price schedules filed shall continue such designation in consecutive numerical order. Companies shall file an entire set of price schedules that includes prices, rules and regulations, designating a subsequent P.S.C. Wyo. Number with each general price increase case. Further designation, such as "Original Sheet No. 1," "Original Sheet No. 2," "First Revision of Original Sheet No. 1, canceling Original Sheet No. 1" etc., shall also be included when applicable. At the bottom of the page shall be shown the date of issue, the effective date of each page, the name and title of the issuing officer, agent or employee; and

(ix) Include a summary sheet of all authorized rates for each class of telecommunications service. The summary sheet shall provide references to each detail sheet.

(x) Include an explanation of any symbols, reference marks and abbreviations used in the price schedule. The following shall be used for the purpose indicated and shall not be used for any other purpose:

(A) [C] to denote changed regulations;

(B) [D] to denote discontinued rate or regulation;

(D) [M] to denote mater relocated without change;

(E) [N] to denote new rate or regulation;

(F) [R] to denote reduction to a rate or charge;

(G) [S] to denote matter reissued without change;

(H) [T] to denote a change in test but no change in rate or regulation; and

(I) [Z] to denote a correction.

History

Effective 2020-08-28

Chapter 5 Wyoming Universal Service Fund

Wyo. Code R. 023.0002.5.04162018 § 1 Authority, Scope and Definitions

(a) These Rules are promulgated by authority of Wyoming Statutes §§ 37-15-501 et seq.;

(b) All telecommunications companies which provide telecommunications services, and providers of VoIP and internet protocol enabled services as defined by Wyoming Statute § 37-15-105, (Companies) are subject to this Chapter.

(c) All definitions contained within Wyoming Statute §§ 37-15-103 through 105, and Chapter 4 of these Rules apply to Chapter 5. In addition:

(i) Contributions from the Federal Universal Service Fund (FUSF Contributions): funds received from the FUSF as reported to the Commission for high cost support mechanisms that will assist customers located in areas with relatively high rates for noncompetitive essential local exchange service;

(ii) Embedded Support Price: the Commission-approved price paid for telecommunications service that includes a FUSF credit without explicitly stating the amount of the credit on the customer's bill;

(iii) Essential local exchange service line: a line providing essential local exchange services as defined by Wyoming Statute § 37-15-103(a)(iv);

(iv) Essential local exchange service price: those prices charged for the provision of essential local exchange services as defined by Wyoming Statute § 37-15-103(a)(iv), including when bundled with unregulated services;

(v) Fund: Wyoming Universal Service Fund;

(vi) Incremental Federal High Cost Support Adjustment: the difference between the amounts of Federal High Cost Support received in the most recent calendar year and the amount of Federal High Cost Support in the Embedded Support Price;

(vii) Most recent annual filing of unseparated loop costs filed with USAC: those costs found in a company's annual October 1 submittal made by the National Exchange Carrier Association (NECA) pursuant to 47 CFR § 54.1307;

(viii) Most recent annual FUSF receipts: the total of all high cost receipts disbursed to a company during the last completed calendar year, including all high cost support mechanisms except intercarrier compensation (ICC);

(ix) Most recent annual local revenues: local revenues as calculated using the statutory $30 imputed price benchmark and all subscriber line charge revenue; and

(x) Non-Embedded Support Price: the Commission-approved price paid for telecommunications service that includes a FUSF credit that is explicitly stated on the customer's bill.

History

Effective 2018-04-16

Wyo. Code R. 023.0002.5.04162018 § 2 General Administration of the Fund

(a) In administering the Fund pursuant to Wyoming Statute § 37-15-501 et seq., the Commission may arrange for the services of a Fund Manager who shall perform routine collection, distribution and other activities related to the Fund, subject to the oversight and direction of the Commission. The Fund Manager's compensation and expenses directly related to the administration of the Fund shall be incorporated into the required Fund contributions and paid from the Fund;

(b) The Fund shall be audited by an independent accountant not affiliated with the Fund Manager at least once every three years. Expenses related to audits shall be included in the administrative cost of the Fund and shall be incorporated in the required contributions and paid from the Fund. The independent accountant shall be selected by the Commission under all applicable procurement rules. No accountant shall be eligible to perform more than three consecutive audits;

(c) No later than October 1st of each year, the Commission shall issue a public report that summarizes the preceding year's activity and includes:

(i) A statement of collected assessments and distributions from the Fund;

(ii) A record of total cost of Fund administration; and

(iii) Non-confidential audit reports and recommendations provided by the independent accountant referenced in subsection (b).

History

Effective 2018-04-16

Wyo. Code R. 023.0002.5.04162018 § 3 Assessment Reporting, Payments and Annual Assessment Rate

(a) For assessment purposes, all companies realizing any retail intrastate revenue from telecommunications services in Wyoming are required to quarterly report such gross revenues to the Commission. The report of revenue, whatever the amount, is required by the last day of the first month after the end of any calendar quarter in which a company realizes any intrastate revenue from its operations in Wyoming;

(b) By April 15 of each year, the Fund Manager shall issue a report that details the $30 imputed price benchmark described in Wyoming Statute § 37-15-501(h), including a comparison to the weighted statewide average 130% price benchmark, the calculated proposed support distributions from the Fund and the proposed assessment rate that shall be applied to gross intrastate retail revenues. This proposed assessment rate shall be based on the computed amounts needed for support distributions, the statutory cap described in Wyoming Statute § 37-15-501(e)(ii), the prior year gross intrastate retail revenues and any over-or under-collection in the Fund from the previous year;

(c) By May 15 of each year, the Commission shall by order set the Fund assessment rate for the 12 month period beginning July 1st of each year;

(d) The Fund assessment rate shall apply only to intrastate retail telecommunications service revenues and shall not apply to revenues associated with wholesale services. For purposes of the section, wholesale services include any service which is resold, with or without additional value-added features, to end users by the purchaser of the service, except lines purchased and resold by internet service providers;

(e) Fund assessment charges shall appear as a separate line item on each customer's bill unless the Company requests a waiver and the Commission grants the request;

(f) All Companies realizing intrastate retail revenue from telecommunications services in Wyoming are required to report such gross revenues to the Commission as described in (a) and contemporaneously pay into the fund the assessment amount calculated by multiplying the Company's gross revenue, less any wholesale transactions described in paragraph (d), by the assessment rate. Administrative costs incurred by Companies making payments into the Fund shall not be used as an offset to the required payments of assessment;

(g) For assessments of $500 per month or less, payment is required quarterly. For assessments greater than $500 per month, payment is required monthly. Payment is due on or before the last day of the first month following the assessment month or quarter;

(h) Assessments not timely paid shall be subject to a late payment charge equal to 1.5% on the balance each month until the assessment is paid.

History

Effective 2018-04-16

Wyo. Code R. 023.0002.5.04162018 § 4 Annual Reports and Record Keeping

(a) By February 15th of each year, all Companies shall provide the information required by the Commission to perform the computations necessary for collection and distribution of the Fund, along with any petition for confidential treatment of submitted data;

(b) Each Company shall report its number of essential local exchange service lines and calendar year-end essential local exchange service price(s) separately for each distinct geographic area, zone, mileage or other customer grouping to which different essential local exchange service prices apply;

(i) The price reported shall include all standard charges associated with each Company's essential local exchange service or each wireless Company's supported wireless service. Such charges include: the essential local exchange service price, whether flat or measured, zone and mileage charges;

(ii) The price reported shall exclude: bill credits related to prior period Fund receipts; federally mandated customer service line charges; mandatory extended area service charges; surcharges for 911; franchise taxes; and other similar charges or taxes.

(i) Its most recent annual filing of unseparated loop costs filed with USAC pursuant to 47 CFR § 54.1307, if applicable, or its equivalent. If the Company reports to USAC in a manner inconsistent with its distribution from the Fund, such as aggregated with another Company, or in conjunction with another jurisdiction, then it must conform its Commission submittal to enable individualized Fund distribution;

(ii) Its most recent annual FUSF receipts;

(iii) Its most recent annual local revenues and total local service exchange line counts; and

(iv) Companies shall preserve Fund-related records for at least three years after the date of entry of the record.

History

Effective 2018-04-16

Wyo. Code R. 023.0002.5.04162018 § 5 Determining the Weighted Statewide Average Price and 130% Price Benchmark

(a) The Fund Manager shall compute the weighted statewide average essential local exchange service price in a consistent manner based on end of calendar year essential local exchange service line counts and on prices authorized by Wyoming Statute §§ 37-15-203 and 204, taking into account the customer grouping options used by the Companies described in section 4(b) of this Chapter. The Fund Manager's computation of the weighted statewide average essential local exchange service price shall also include the reported prices for supported wireless services;

(b) The weighted statewide average essential local exchange service price shall be calculated as follows:

(i) Multiply the number of essential local exchange services lines by the price(s) applicable to each line reported pursuant to section 4(b) to determine the total revenue for each Company;

(ii) Add all reporting Companies' revenues to determine the statewide total revenues;

(iii) Add all reporting Companies' essential local exchange service lines to determine the statewide total number of service lines;

(iv) For those reporting Companies with Embedded Support Prices, determine the total embedded Federal High Cost Support as follows:

(A) Multiply each Company's Embedded Support Price by the number of its essential local exchange service lines reported in section 4(b) and multiply by 12 to annualize;

(B) Subtract the total embedded FUSF support from the Company's reported FUSF Contributions to determine its Incremental Federal High Cost Support Adjustment; and

(C) Add all reporting Companies' annual Incremental Federal High Cost Support Adjustments and divide by 12 to determine a statewide monthly Incremental Federal High Cost Support Adjustment.

(v) Subtract the statewide monthly Incremental Federal High Cost Support Adjustment from the statewide total revenues to determine the adjusted statewide total revenues; and

(vi) Divide the adjusted statewide total revenues by the statewide total number of essential local exchange service lines to determine the weighted statewide average price.

History

Effective 2018-04-16

Wyo. Code R. 023.0002.5.04162018 § 6 Distributions from the Fund

(a) The Fund Manager shall use the imputed price benchmark of $30 to determine required Fund distributions pursuant to Wyoming Statute § 37-15-501(d), unless the Commission determines it does not approximate 130% of the weighted statewide average essential local exchange service price and that it should be adjusted by 10% or more pursuant to Wyoming Statute § 37-15-501(h);

(b) Companies providing non-competitive essential local exchange service that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(d) shall receive funds only to the extent that their essential local exchange service prices or supported wireless service price(s), after consideration of FUSF Contributions, exceed the $30 imputed price benchmark, or if determined by the Commission, the 130% price benchmark as calculated above. FUSF Contributions shall be credited monthly on a per-line basis. Each Company's incremental FUSF receipts resulting from changes in the Company's FUSF Contribution shall also be credited monthly to the bills of the customers on a per-line basis. The amount of the credit for each of the customers shall be computed and authorized by the Commission in a manner consistent with federal receipt of such funds and must be greater than zero to qualify for distribution from the Fund;

(c) Monthly total distributions to Companies that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(d) shall be calculated as follows:

(i) For those reporting Companies with Embedded Support Prices:

(A) Divide each Company's Incremental Federal High Cost Support Adjustment as calculated in section 5(b)(iv)(B) by its total number of essential local exchange service lines and divide by 12 to determine its monthly per-line Incremental Federal High Cost Support Adjustment;

(B) Subtract the per-line Incremental Federal High Cost Support Adjustment from the net price(s) reported in section 4(b) to determine the total per line incremental adjusted net price.

(ii) If the Company's reported net price(s), whether incrementally adjusted or otherwise, exceed the imputed price benchmark of $30, or if applicable, the 130% price benchmark, then the difference is the Company's eligible per-line distributions(s);

(iii) Multiply the Company's eligible per-line distribution(s) by the number of essential local exchange service lines applicable to each net price; and

(iv) Total these results to determine the Company's total monthly distribution.

(d) A Company providing non-competitive essential local exchange service that elects to receive distributions pursuant to Wyoming Statute § 37-15-501(g) shall receive funds only to the extent that its costs, as reflected in the Company's most recent annual filing of unseparated loop costs filed with the USAC, exceeds its most recent annual FUSF receipts and annual local revenues;

(e) Monthly total distributions to Companies that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(g) shall be calculated as follows:

(i) To determine whether each Company's most recent annual filing of unseparated loop costs exceeds its most recent annual FUSF receipts and annual local revenue:

(A) Multiply each Company's reported total number of local service lines by the $30 imputed price benchmark and multiply by 12 to annualize;

(B) Add all reported subscriber line charge revenues to determine total most recent annual local revenues;

(C) Add to each Company's most recent annual FUSF receipts to determine each Company's total most recent annual FUSF receipts and annual local revenue; and

(D) Subtract each Company's most recent unseparated loop costs from the Company's total most recent annual FUSF receipts and annual local revenue to determine the Company's excess loop costs and eligibility for distribution.

(ii) For each Company with excess unseparated loop costs, divide by 12 to determine the Company's eligible total monthly distribution.

(f) If calculated distributions for the upcoming Fund year will exceed the statutory cap described in Wyoming Statute § 37-15-501(e)(ii), then distributions to all Companies that elect to receive distributions pursuant to Wyoming Statute § 37-15-501(g) shall be subject to pro-rata distribution reductions calculated as follows:

(i) For those Companies eligible for monthly distributions as calculated in section 5(e) above:

(A) Add all Companies' eligible annual distributions to determine a statewide total of annual distributions;

(B) Divide each Company's total annual distribution by the statewide total of annual distributions to determine each Company's percentage of distributions;

(C) Multiply the statutory cap amount available for all Companies that elect distributions pursuant to Wyoming Statute § 37-15-501(g) by each Company's percentage of distributions to determine each Company's eligible reduced total pro-rata annual distribution; and

(D) Divide each Company's eligible reduced total pro-rata distribution by 12 to determine its reduced monthly pro-rata distribution.

(ii) If an eligible Company elects to receive distributions pursuant to Wyoming Statute § 37-15-501(g) after distributions have begun for the Fund year, then recalculate the pro-rata distribution reductions as described in subsection (f)(i)(A-C) above, adding the new elector. Then divide each Company's eligible reduced total pro-rata distribution by the number of months remaining in the Fund year to determine its reduced monthly pro-rata distribution.

(g) Distribution amounts from the Fund are public records and shall be made monthly. Distributions from the Fund for a supported wireless service shall not exceed the amount of per-line support available to wireline telecommunications customers in the geographic service area in which the supported wireless service is offered. Unlimited use of local exchange service shall be provided without any additional charge to end users as part of the supported wireless service;

(h) Mid-period revisions to a Company's essential local exchange service price or to a supported wireless service for purposes of receiving distributions from the Fund shall only be permitted upon application and approval by the Commission; and

(j) Companies receiving support from the Fund shall display the amount of such support as a separate line item credit on each affected customer's bill unless a waiver is requested by the Company and granted by the Commission.

History

Effective 2018-04-16

Chapter 7 Integrated Resource Plans (IRP)

Wyo. Code R. 023.0002.7.09112025 § 1 Authority

These rules are promulgated under the Commission's authority in Wyo. Stat. Ann. §§ 37-2-112; 37-2-204; 37-2-135.

History

Effective 2025-09-11

Wyo. Code R. 023.0002.7.09112025 § 2 Applicability

Each utility serving in Wyoming not subject to Wyo. Stat. Ann. § 37-2-135 and the provisions of Sections 3 through 7 of this Chapter that files an IRP in another jurisdiction shall file that IRP with the Commission. The Commission may require any utility to file an IRP.

History

Effective 2025-09-11

Wyo. Code R. 023.0002.7.09112025 § 3 Definitions

(a) Acknowledgment: a determination by the Commission that an IRP meets the minimum requirements of Wyo. Stat. Ann. § 37-2-135 and these Rules;

(b) Action Plan: the specific actions recommended in the IRP for at least a five-year period immediately following the filing of the IRP;

(c) Affected Electric Utility: a public electric utility other than a cooperative electric utility as defined in Wyo. Stat. Ann. § 37-17-101(a)(i);

(d) Reference Case (also referred to as business-as-usual case): an optimization modeling scenario in which all pre-established operating life assumptions of existing generation facilities are left unchanged;

(e) Sensitivity Analysis: an optimization modeling technique that considers how different values of inputs (e.g. less than expected load forecast, higher than expected natural gas prices) affect a model's output under a given resource mix assumption;

(f) Counterfactual Analysis: a form of Sensitivity Analysis wherein the Affected Electric Utility performs a model variant that considers other possible resource additions not currently included in the Preferred Portfolio, i.e., possible future resource decisions that are currently considered to be uneconomic;

(g) Preferred Portfolio: the mix of resources selected to be the least-cost, least-risk selection of resources;

(h) Near-Term Need or NTN: a subset of the Action Plan items determined necessary for the Affected Electric Utility to meet its short-term, i.e., zero to six years, load forecast.

History

Effective 2025-09-11

Wyo. Code R. 023.0002.7.09112025 § 4 Affected Electric Utility IRP Filing

(a) Every Affected Electric Utility shall file an IRP as directed by the Commission.

(b) The Commission may require an Affected Electric Utility to file updates to an IRP. Updates may include a detailed explanation of all changes to the Action Plan or any other information the Commission finds necessary.

(c) IRP applications under these Rules are subject to the provisions of the Wyoming Administrative Procedure Act, Wyo. Stat. Ann. § 16-3-101, et seq.

(d) The Affected Electric Utility may request the Commission waive any requirement or extend any deadline upon a showing that:

(i) compliance will impose an undue burden;

(ii) the exemption or extension is in the public interest; and

(iii) the requirement is not provided in Wyo. Stat. Ann. § 37-2-135(c)(ii).

History

Effective 2025-09-11

Wyo. Code R. 023.0002.7.09112025 § 5 IRP Initial Application

(a) Every Affected Electric Utility shall file an initial application proposing IRP filing timelines and any specific analyses applicable to that utility. The application shall include:

(i) A proposed schedule for filing IRPs and, if applicable, updates thereto;

(ii) A request for any modifications or waivers from the requirements of these Rules; and

(iii) A request for any other procedural or substantive analysis or requirement tailored to the Affected Electric Utility's specific circumstances.

(b) Any order issued under this provision is subject to modification after notice and opportunity for a hearing upon receiving an application to amend by the Affected Electric Utility.

History

Effective 2025-09-11

Wyo. Code R. 023.0002.7.09112025 § 6 IRP Contents

(a) At a minimum, IRPs shall contain:

(i) The demand and energy forecast for the Affected Electric Utility for not less than a ten-year period.

(ii) The Affected Electric Utility's options for meeting the requirements shown in its load and resource forecast in an economic and reliable manner, including:

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

(B) A description and summary cost-benefit analysis of each option considered in the IRP.

(iii) The Affected Electric Utility's assumptions and conclusions with respect to the effect of the Action Plan on the cost, adequacy, and reliability of energy service;

(b) For each Affected Electric Utility the Commission may require specific analyses, including but not limited to the following:

(i) A Reference Case based on resource operational lives established in the previously filed IRP, effective after July 1, 2024, incorporating modeling inputs with only the updated capital additions or operational service life reductions required by state or federal law;

(ii) At least one Sensitivity Analysis on the Preferred Portfolio case;

(iii) At least one Counterfactual Analysis on the Preferred Portfolio case;

(iv) A showing of the estimated cost differences between the Preferred Portfolio and the Reference Case;

(v) Reliability analyses including regional resource adequacy, power flow changes caused by retiring dispatchable resources, weather, wildfire risk and mitigation, etc . . . ;

(vi) A review and description of emerging technology resource types related to generation, storage and delivery of electricity;

(vii) A summary of how the Affected Electric Utility modeled its compliance with current regulatory requirements under state and federal law;

(viii) For any Affected Electric Utility that operates in other state jurisdictions, the Affected Electric Utility must provide a summary of the status of all interjurisdictional state allocation agreements, if any;

(ix) A detailed review of existing transmission capabilities and future needs during the Action Plan and NTN for all transmission facilities, including associated substations and terminal facilities, as applicable. The Affected Electric Utility shall generally identify the location and extent of transfer capability limitations on its transmission network related to future siting of resources;

(x) An assessment of planning reserve margins and a description of the methodology used to assess the necessary level of reliability on the system throughout the planning period;

(xi) A comparison of the electric energy and demand forecasts with existing resources and planning margin and an assessment of the need to acquire additional resources within the planning period;

(xii) An evaluation of all feasible supply and demand-side resource options on a consistent and comparable basis, taking into consideration risk and uncertainty. The evaluation shall examine the cost of each resource through its anticipated operational life; and

(xiii) An Action Plan describing the implementation plans based on the IRP analysis for the NTN, including, but not limited to:

(A) A description of the Wyoming environmental and economic externalities, including employment impacts, to the extent practicable;

(B) A Community and Employee Transition Plan to address economic externalities arising during the Action Plan period; and

(C) A plan to acquire additional resources identified in the Action Plan, including a consideration of all feasible, cost-effective supply-side and demand-side resources. The Affected Electric Utility shall describe the resources it evaluated for selection and the assumptions and methodologies used in that evaluation and any other data or analyses the Commission may require.

History

Effective 2025-09-11

Wyo. Code R. 023.0002.7.09112025 § 7 Process

(a) The Affected Electric Utility shall:

(i) Provide the Commission the same access to the modeling software used by the utility to develop the IRP as the Affected Electric Utility's employees;

(A) If the Affected Electric Utility uses a third-party to perform an IRP analysis, the Affected Electric Utility shall provide the Commission access to the software used by the third-party;

(ii) Perform any reasonable modeling runs requested by the Commission; and

(iii) Share all modeling information (e.g. solution files, input files) with the Commission upon request.

(b) The Commission may acknowledge an IRP if the Affected Electric Utility meets its burden of proof establishing that it satisfies the minimum statutory and regulatory requirements and is in the public interest;

(d) Unless otherwise determined by the Commission, acknowledgement of an IRP shall not create any presumption that the present or future public convenience and necessity required or will require any resources identified in the Action Plan or NTN;

(e) An Order from the Commission acknowledging an IRP or update to an IRP does not constitute ratemaking, a determination of prudence, or pre-approval of any decision or action proposed in the IRP.

History

Effective 2025-09-11

Chapter 8 Energy Resource Procurement for Affected Electric Utilities

Wyo. Code R. 023.0002.8.07082026 § 1 Authority

These rules are promulgated under the Commission's authority in Wyoming Statute § 37-2-136.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 2 Purpose

(a) The rules contained in this Chapter are intended to provide an opportunity to establish a fair, objective, and transparent competitive bidding process, without unduly restricting affected electric utilities from acquiring new resources and negotiating mutually beneficial terms.

(b) This Chapter does not waive the requirements for affected electric utilities to file an application for a certificate of public convenience and necessity.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 3 Definitions

(a) "Request for Proposal (RFP)" means the documents used for soliciting proposals from prospective bidders, that defines the resource need, including specific attributes or characteristics the affected electric utility is soliciting, such as the amount and duration of power, time and locational attributes, operational attributes, the type of technology or fuel source necessary to meet a compliance requirement, and any additional information necessary for potential bidders to make a complete bid.

(b) "Independent Evaluator" means a third party, not affiliated with the affected electric utility or potential bidders, that provides oversight of the RFP solicitation process and bid evaluations as required in these rules.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 4 Applicability

An affected electric utility must comply with the rules in this Chapter when it seeks to construct, acquire, or contract for energy or a significant energy resource, or capacity, including generation and storage resources, if any of the following apply:

(a) An affected electric utility, or an affiliate, contracts, acquires, or constructs new generating capacity, or purchases of a resource, consisting of a total of one hundred (100) megawatts or more of new generating capacity with a dependable life of ten (10) or more years;

(b) The purchase or lease of electricity, electric generating capacity, or both, if the contract is for a term of ten (10) or more years and a total of one hundred (100) megawatts or more; or;

(c) If the affected electric utility is considering repowering a resource to meet a resource need, the affected electric utility must submit its repowering project as a bid during the RFP solicitation process.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 5 Application

Before commencing an RFP solicitation process, the affected electric utility, each time, shall file an application with the Commission that includes:

(a) Descriptions of the criteria and the methodology, including any weighting and ranking factors, to be used to evaluate bids, which shall include;

(i) A sample evaluation rubric that quantifies, where possible, the weight the affected electric utility shall give each criterion during the bid ranking procedure, and provides a detailed explanation of the aspects of each criterion that would result in the bid receiving higher priority;

(b) A detailed timeline for each stage of the RFP process including solicitation, ranking, and selection, as well as the affected electric utility's schedule of planned informational activities and contact information for the RFP;

(c) A discussion of the impact of any applicable regulation on RFP development, including the requirements imposed by other states for the RFP process;

(d) A list of potentially interested parties to whom the affected electric utility has notified or will notify of the filing of the request for approval of the proposed RFP solicitation with the Commission; and

(e) Any other information as the Commission may require.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 6 Waivers

Upon application for a waiver, or on the Commission's own motion, the Commission may waive any requirement in this Chapter if it determines that waiving the requirement is in the public interest or a clear public emergency exists, a time limited commercial or technical opportunity that provides value to the customers of the affected electrical utility, or any other factor that makes waiving the requirement in the public interest. An affected electric utility must apply for a waiver prior to or concurrent with the initiation of a resource acquisition.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 7 Evaluation and Ranking of Bids

(a) The affected electric utility must provide all proposed and final scoring criteria and metrics in the draft and final RFPs filed with the Commission.

(b) An affected electric utility's RFP ranking criteria must recognize resource cost, market-volatility risks, demand-side resource uncertainties and benefits, resource dispatchability, transmission and interconnection constraints, resource impact on system operation, credit and financial risks to the affected electric utility, risks imposed on ratepayers, public policies regarding resource preference, and Wyoming state or federal government requirements.

(c) The affected electric utility and any Independent Evaluator selected by the affected electric utility shall score and rank the qualifying bids using the RFP's ranking criteria and methodology. If a bid includes unexpected content, the affected electric utility may modify the ranking criteria but must notify all bidders of the change, describe the change, and provide an opportunity for other bidders to modify their bids.

(d) Within thirty (30) days after the close of the bidding period, the affected electric utility must post on its public website a summary of each bid received. Where use of confidential data prohibits the affected electric utility from identifying specifics of a bid, a generic but complete description is sufficient.

(e) Within thirty (30) days after executing an agreement for acquisition of a resource, the affected electric utility must file the executed agreement and supporting documents with the Commission.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 8 Retention of Independent Evaluator

(a) Unless a waiver is approved, the Commission may appoint an Independent Evaluator.

(b) If the Commission selects an Independent Evaluator, the affected electric utility:

(i) shall engage the services of the Independent Evaluator and pay all associated fees and expenses; and

(ii) may seek to defer such costs for later recovery in a general rate case filing or propose other methods to recover the cost of the Independent Evaluator, subject to Commission approval.

History

Effective 2026-07-08

Wyo. Code R. 023.0002.8.07082026 § 9 Independent Evaluator Functions

(a) The Independent Evaluator shall:

(i) Actively monitor the RFP solicitation approval process for fairness, transparency and compliance with W.S. § 37-2-136 and Commission rules;

(ii) Evaluate the risks, burdens, and benefits of each bid;

(iii) Review the affected electric utility's scoring of the bids and selection of the initial and final shortlists for reasonableness;

(iv) Develop one (1) or more reports addressing the RFP solicitation approval process. The report(s) shall include;

(A) An evaluation of the RFP solicitation process and the results of the bid approval process including any concerns, opinions and conclusions of the Independent Evaluator;

(B) An opinion as to whether the RFP solicitation approval process is fair, in compliance with this Chapter and whether any modeling used by the affected electrical utility regarding the RFP solicitation is sufficient; and

(v) Perform other functions as directed by the Commission.

History

Effective 2026-07-08

Chapter 9 911 Outage Notifications

Wyo. Code R. 023.0002.9.09092026 § 1 Authority

These rules are promulgated under the Public Service Commission's authority in Wyoming Statute § 16-9-112. Service Suppliers shall comply with these rules as soon as practicable and in no event later than six months from their effective date.

History

Effective 2026-09-09

Wyo. Code R. 023.0002.9.09092026 § 2 Definitions

(a) "Service supplier" means any service supplier, as defined by Wyo. Stat. § 16-9-102(a)(viii), who owns, operates, or controls any communications equipment necessary for the operation of a 911 emergency reporting system, as defined by Wyo. Stat. § 16-9-102(a)(iv).

(b) "Public safety answering point" or "PSAP" means a twenty-four (24) hour local jurisdiction communications facility receiving 911 service calls and directly dispatching emergency response services or relaying calls to the appropriate public or private safety agency or disseminating warnings to the public of impending hazards, including storms, floods, hazardous materials incidents or other emergencies that could compromise the public safety, as defined in Wyo. Stat. § 16-9-102(a)(vii).

History

Effective 2026-09-09

Wyo. Code R. 023.0002.9.09092026 § 3 Reportable Incidents

(a) A reportable incident is any network outage that disables, impairs, or degrades the operation of an E-911 or 911 emergency system to a degree that materially affects emergency communications through an E-911 or 911 system.

(b) If a service supplier provides facilities-based wireline voice service, a reportable incident is any network outage that results in:

(i) A loss of communications to PSAP(s) affecting 100,000 or more user-minutes and the failure is neither at the PSAP(s) nor on the premises of the PSAP(s); no reroute for all end users is available; and the outage lasts 30 minutes or more; or

(ii) A loss of 911 call processing capabilities in one or more E-911 tandems/selective routers for at least 30 minutes; or

(iii) One or more end-office or host/remote clusters being isolated from 911 service for at least 30 minutes and potentially affecting at least 100,000 user-minutes; or

(iv) A loss of ANI/ALI (associated name and location information) and/or a failure of location determination equipment, Location Validation Function, ESInets and Emergency Call Routing Function for at least 30 minutes and potentially affecting at least 100,000 user-minutes (provided that the ANI/ALI or location determination equipment was then currently deployed and in use, and the failure is neither at the PSAP(s) or on the premises of the PSAP(s)).

(c) If a service supplier provides facilities-based wireless voice service, a reportable incident is a network outage exceeding thirty (30) minutes in duration that affects at least 50 percent of wireless carrier's coverage area in a single zip code.

(d) If a service supplier provides both wireline voice service and wireless voice service using its own or leased facilities, the service supplier may choose between the definitions provided in paragraphs (b) and (c) of this subsection when determining whether a reportable incident has occurred on its network.

History

Effective 2026-09-09

Wyo. Code R. 023.0002.9.09092026 § 4 Notification required

(a) A service supplier shall report any reportable incident to the affected PSAP and the Wyoming Office of Homeland Security (WOHS) by calling the WOHS Duty Officer at 307-630-2767 and emailing the WOHS Duty Officer at dutyofficer@wyo.gov, in addition to any other obligation set forth by the Federal Communications Commission.

(b) The service supplier shall report a reportable incident to the WOHS within 30 minutes of discovering the reportable incident, providing, if available, the following information:

(i) The legal or doing business as name of the service supplier;

(ii) The name, phone number, and email address of a contact person representing the service supplier to whom the WOHS can direct communications relating to the reportable incident;

(iii) The location, geographic extent, and affected county(ies), if known;

(iv) The cause of the event, if known; and

(v) The estimated time of service restoration, if known.

(c) The service supplier shall make a second report to the WOHS, providing any material changes to the initial report, within 120 minutes after making the initial report.

(d) Within 30 days after submitting the initial report, or as otherwise directed by the Commission, a service supplier shall submit to the Commission an after-action report. The service supplier shall submit the after-action report by emailing it to wpsc-outages@wyo.gov. Any after-action report shall be treated as confidential and shall include the following information, if known:

(i) Legal name of the service provider;

(ii) Name, phone number, and email address of any natural person(s) completing the report for the service supplier;

(iii) Location, geographic extent, and affected county(ies);

(iv) Date and time the E-911 or 911 interruption began and when service was restored;

(v) Number of customers or individuals affected or potentially affected;

(vi) Cause of event;

(viii) Services affected;

(ix) Description of incident;

(x) Outage type; and

(xi) Any additional information regarding the outage and efforts to restore service that the service supplier deems relevant.

History

Effective 2026-09-09