Cooperative utilities-rate regulation.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0429

HOUSE BILL
NO.
HB0125

Cooperative utilities-rate regulation.

Sponsored by:
Representative(s) Childers, Bonner and Krone and Senator(s) Coe and Geis

A BILL

for

AN ACT relating to
public utilities; extending time for notification of vote on exemption of cooperative utilities from rate regulation; amending notification procedures;
amending
number of votes required;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 37
‑
17
‑
101(a)(iii), 37
‑
17
‑
103(b), 37
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17
‑
104(a), (b)
and
(d)
and
37
‑
17
‑
105(a) and (b) are amended to read:

37
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17
‑
101.

Definitions.

(a)

As used in this article:

(iii)

"Notification" or "written notice" means publication in a newspaper of general circulation within the area served by the cooperative electric utility,
or
in a newsletter distributed by the cooperative electric utility,
or

and
sent with a billing statement by the utility;

37
‑
17
‑
103.

Procedures for exemption; exclusion from exemption provisions.

(b)

A vote on exemption shall take place only during a cooperative electric utility’s annual meeting or by mail ballots returned prior to and counted at the annual meeting. Notification of a vote on the resolution shall be provided to the member owners at least
thirty (30)

sixty (60)
days prior to the annual meeting.

37
‑
17
‑
104.

Adjustment of retail rates; complaint; investigation; resolution.

(a)

A cooperative electric utility exempted under W.S. 37
‑
17
‑
103 shall give written notice to all member owners, at least
thirty (30)

ninety (90)
days prior to the effective date of any retail rate adjustment, including procedures for member consumers to comment on proposed rates.

(b)

If within
thirty (30)

ninety (90)
days following the date of mailing or publication of the notice a complaint signed by not less than five percent (5%) of the
Wyoming

member owners in a rate class is filed with the cooperative electric utility, then a hearing shall be conducted by the utility’s board of directors, to attempt to resolve the complaint.

On request by a member owner, for the exclusive purpose of preparing a complaint pursuant to this subsection, and in compliance with the cooperative's by-laws, the cooperative electric utility shall provide a list to the member owner which includes the names and contact information of all member owners included in the rate class of the requesting member owner.

(d)

If within two (2) months of final implementation of a retail rate a complaint signed by not less than five percent (5%) of the

Wyoming
member owners in any rate class, is filed with the cooperative electric utility's board of directors, the board shall have two (2) months from the date of filing to attempt to resolve the complaint. The complaint may be filed with the commission after the expiration of this two (2) month period.

37
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17
‑
105.

Return to public service commission rate regulation.

(a)

The board of directors of a cooperative electric utility shall hold an election on the question of returning to retail rate regulation at the next annual meeting after receiving a petition requesting the same, signed by at least five percent (5%) of the total
Wyoming

member owners, or upon the board's own motion.

(b)

A vote on returning to rate regulation shall take place only during a cooperative electric utility's annual meeting or by mail ballots returned prior to and counted at the annual meeting. Notification of a vote on the resolution shall be provided to the member owners at least
thirty (30)

sixty (60)
days prior to the annual meeting.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0125