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Wyoming2021Enacted

HB0166

Utilities-presumption against facility retirements

Last scannedAug 25, 2026, 2:25 AM

In one sentence

This law creates a presumption against retiring electric generation facilities, especially those using coal or natural gas, and sets rules for public utilities to follow when considering such retirements.

What it does

  • Creates a rule that it is harder for companies to close down power plants that use coal or natural gas.
  • Requires the Public Service Commission to look at how closing these plants might affect electricity supply before allowing them to be closed.
  • Limits how much money utilities can get back from customers if they close such plants without proving why it's necessary.

Who it affects

  • Public utilities that own and operate electric generation facilities in Wyoming.
  • The Public Service Commission, which regulates these utilities.
  • Customers of public utilities who might see changes in electricity supply or rates.

Limits and unknowns

  • The law does not apply to plants closed due to federal laws or environmental requirements.
  • It's unclear how the new rules will affect electricity prices for customers in the long term.

Plain language

Terms to know

Dispatchable
Electricity that can be produced when needed and controlled by the utility company.
Reliable
Electricity that is available consistently without interruptions.

Official record

Sources

Validated

Official summary

Bill Summary - 21LSO-0563 Bill No.: HB0166 Effective: Multiple Dates LSO No.: 21LSO-0563 Enrolled Act No.: HEA No. 0088 Chapter No.: 154 Prime Sponsor: Harshman Catch Title: Utilities-presumption against facility retirements. Subject: Electricity reliability considerations and presumptions. Summary/Major Elements: This act requires the Public Service Commission to, before authorizing or approving the retirement of an electric generation facility, consider the effect on available reliable, dispatchable electricity to Wyoming customers and the impact that any shortage of available energy nationwide may have on Wyoming customers. The act establishes a rebuttable presumption against the retirement of an electric generation facility—defined as one that uses coal or natural gas as its fuel. The Public Service Commission shall not approve the retirement of an electric generation facility unless the public utility seeking its retirement provides evidence to rebut the presumption to establish that: (1) costs savings will result to customers; (2) the retirement will not result in an insufficient amount of reliable and dispatchable capacity to serve Wyoming customers; and (3) the retirement will not adversely impact the dispatchability or reliability of electric service to the public utility's customers. A public utility that completes a retirement of an electric generation facility without rebutting the presumption is subject to limitations on rate recovery for any replacement facility built to replace the coal-fired or gas-fired electric generation facility that is retired. The act does not apply to electric generation facilities closed as required by federal law or closed because of federal environmental requirements to where the facility is no longer cost effective to operate. The act requires the Public Service Commission to promulgate rules to implement the act; the rulemaking authority is effective immediately. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Public statements

Why lawmakers voted

Last checked Aug 5, 9:44 PM

Voted Yes

Why they voted this way

The speaker supports the vote because amendments strengthened the bill by removing specific qualifiers and clarifying terms after stakeholder discussions.

Public statementFloor statement at 1:16:00 Watch the statement

Wyoming roll calls

Recorded votes

5 roll calls

H Concur:Passed 49-8-3-0-02021-04-06 · House49 yes 8 no
S 3rd Reading:Passed 25-2-2-0-12021-04-02 · Senate25 yes 2 no
S09 - Minerals:Recommend Amend and Do Pass 5-0-0-0-02021-04-01 · Senate5 yes 0 no
H 3rd Reading:Passed 49-10-1-0-02021-03-22 · House49 yes 10 no
H09 - Minerals:Recommend Amend and Do Pass 8-1-0-0-02021-03-11 · House8 yes 1 no

Official activity

Bill history

  1. Assigned Chapter Number 154LSO
  2. Governor Signed HEA No. 0088 Governor
  3. S President Signed HEA No. 0088Senate
  4. H Speaker Signed HEA No. 0088House
  5. Assigned Number HEA No. 0088LSO
  6. H Concur:Passed 49-8-3-0-0House
  7. H Received for ConcurrenceHouse
  8. S 3rd Reading:Passed 25-2-2-0-1Senate
  9. S 2nd Reading:PassedSenate
  10. S COW:PassedSenate
  11. S Placed on General FileSenate
  12. S09 - Minerals:Recommend Amend and Do Pass 5-0-0-0-0Senate
  13. S Introduced and Referred to S09 - MineralsSenate
  14. S Received for IntroductionSenate
  15. H 3rd Reading:Passed 49-10-1-0-0House
  16. H 2nd Reading:PassedHouse
  17. H COW:PassedHouse
  18. H Placed on General FileHouse
  19. H09 - Minerals:Recommend Amend and Do Pass 8-1-0-0-0House
  20. H Introduced and Referred to H09 - MineralsHouse

Changes

Amendments

2 stored

HB0166HS001

The amendment passes a bill that creates rules about when electric power plants can be shut down.

HB0166SS001

The amendment changes the bill to focus on preventing the retirement of electric generation facilities without considering reliability and impact on customers.