KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Wyoming

SF0095 • 2022

Public utilities-service in other territory.

AN ACT relating to public utilities; specifying that a certificate of convenience and necessity or an extension of territory shall not be authorized for service provided to a customer in another public utility's territory; requiring the public service commission to order a public utility to cease and desist the provision of service; authorizing the commission to order just compensation; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Driskill
Last action
2022-03-11
Official status
inactive
Effective date
3/1/2022

Plain English Breakdown

The official source material does not provide specific details on enforcement mechanisms or penalties for non-compliance.

Public Utilities: No Service in Other Territory

The bill stops public utilities from providing service to customers in another utility's territory without permission and requires the Public Service Commission to order them to stop if they do.

What This Bill Does

  • Prohibits a public utility from obtaining a certificate of convenience and necessity or an extension of territory for providing services to a customer in another utility’s territory.
  • Requires the Public Service Commission to order a public utility to cease and desist when it provides unauthorized service in another utility's territory.
  • Authorizes the commission to order just compensation if one utility provides service in another utility's territory without permission.

Who It Names or Affects

  • Public utilities that provide services like electricity or water
  • The Public Service Commission

Terms To Know

Certificate of convenience and necessity
A document given by the Public Service Commission allowing a utility to expand its service area.
Public Service Commission
The government agency that regulates public utilities in Wyoming.

Limits and Unknowns

  • Does not specify what happens if a utility continues providing unauthorized services after being told to stop.
  • It is unclear how the bill will be enforced or monitored by the Public Service Commission.
  • This bill was marked as inactive, meaning it did not move forward in its current session.

Bill History

  1. 2022-03-11 Senate

    S:Died in Committee Returned Bill Pursuant to SR 5-4

  2. 2022-02-25 Senate

    S No report prior to CoW Cutoff

  3. 2022-02-18 Senate

    S Introduced and Referred to S07 - Corporations 23-6-1-0-0

  4. 2022-02-15 Senate

    S Received for Introduction

  5. 2022-02-15 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
22LSO-0398
2022
STATE OF WYOMING
22LSO-0398
Numbered
2.0

SENATE FILE NO. SF0095

Public utilities-service in other territory.

Sponsored by: Senator(s) Driskill and Representative(s) Eklund, Eyre, Flitner, Paxton, Simpson and Williams

A BILL

for

AN ACT relating to public utilities; specifying that a certificate of convenience and necessity or an extension of territory shall not be authorized for service provided to a customer in another public utility's territory; requiring the public service commission to order a public utility to cease and desist the provision of service; authorizing the commission to order just compensation; and providing for an effective date.

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

Section 1.

W.S. 37
‑
2
‑
205(a) is amended to read:

37
‑
2
‑
205.

Certificate of convenience and necessity; hearings.

(a)

Except as provided in this subsection, no public utility shall begin construction or complete the purchase of a line or plant, or of any extension of a line or material addition to a plant, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require such construction or purchase.

This act shall not be construed to require any public utility operating outside of a city or town to secure a certificate for an extension into an area within which it has lawfully commenced operation, or for an extension into territory contiguous to its line or plant for which no certificate is in force and is not served by a public utility of like character or for any extension within or to territory already served by it, necessary in the ordinary course of its business.

If any public utility, in constructing or extending its line or plant interferes or is about to interfere with the operation of the line or plant of any other public utility already authorized or constructed, the
commission on complaint of the public utility claiming to be injuriously affected, may after hearing make such order and prescribe the terms and conditions for the location of the lines or plants affected, as to it are just and reasonable. The power companies may, without the certificate, increase capacity of existing plants. For purposes of this subsection, "material addition" shall not include an addition to a plant that is necessary to serve load growth, provided that the capital investment in the addition shall not exceed one percent (1%) of the total capital investment in the plant on which return is earned, that is assigned or allocated to Wyoming customers, based on the public utility's most recent rate case determination.
No extension of territory or certificate of convenience and necessity shall be authorized under this subsection for a public utility to provide service directly or indirectly to a customer in another utility's certificated territory. Service is provided indirectly in the other utility's certificated territory if service is provided to a point of delivery outside of the certificated territory of the other utility for consumption within the certificated territory of the other utility and where the
consumption within that certificated territory is known or could reasonably be known. The commission shall order any utility providing unauthorized service in the certificated territory of another public utility to cease and desist and may order just compensation to the public utility whose certificated territory is violated by that direct or indirect service.

Section 2
.

This act is effective July 1, 2022
.

(END)

1
SF0095