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23LSO-0401
2023
STATE OF WYOMING
23LSO-0401
ENGROSSED
3.0
SENATE FILE NO. SF0092
Small customer electrical generation.
Sponsored by: Senator(s) Case
A BILL
for
AN ACT relating to net metering; revising how net metering compensation applies to small customer-generators that are first operational after a specified date; authorizing the public service commission to authorize a different calculation of net energy if energy is being subsidized by other customers; making conforming changes; requiring rulemaking; repealing an obsolete provision; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 37
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105 is created to read:
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105.
Treatment of existing customers; future requirements.
(a)
Except as provided in subsections (b) and (c) of this section, no electric utility shall be obligated under this article to compensate any small customer
‑
generator for any electricity produced on a net metering arrangement under this article. A small customer
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generator that is producing electricity on a net metering arrangement under this article that is first operational before July 1, 2024 shall be considered an existing customer and shall be exempt from this section until July 1, 2039.
(b)
The public service commission shall establish an appropriate compensation system to regulate the rates, terms and conditions of small customer
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generators by electric utilities for electricity produced by small customer
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generators that are first operational on or after July 1, 2024. The compensation system shall provide for just and reasonable rates, terms and conditions.
(c)
Any cooperative electric utility that is exempt from retail rate regulation by the public service commission under chapter 17, title 37 of the Wyoming statutes shall not be subject to subsection (b) of this section and the board of directors of a cooperative electric utility shall, not later than April 1, 2024, adopt rates, terms and conditions to compensate small customer
‑
generators that are first operational on or after July 1, 2024 and any cooperative electric utility shall comply with the following:
(i)
Give written notice to all of its member owners, not less than thirty (30) days prior to the effective date of the cooperative's initial rates, terms and conditions regarding compensation of small customer
‑
generators and of the effective date of any subsequent change to the rates, terms and conditions, including procedures for the cooperative's member owners to comment on proposed rates;
(ii)
Rates, terms and conditions adopted by a cooperative electric utility in accordance with this subsection shall be filed with the commission; and
(iii)
Be subject to the complaint, investigation and resolution process pursuant to W.S. 37
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104(d) and (e) regarding the rates, terms and conditions adopted by the board to compensate small customer
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generators.
Section 2.
W.S. 37
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101(a)(vii), (viii)(intro) and (b), 37
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102(a)(i) through (iii), 37
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103(a)(intro) and 37
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104 are amended to read:
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101.
Definitions.
(a)
As used in this chapter unless the context or a specific article otherwise requires:
(vii)
"Net metering" means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer
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generator
operating before July 1, 2024
that is fed back to the electric utility over the applicable billing period;
(viii)
"Net metering system"
"Small customer
‑
generator"
means a
person operating a
facility for the production of electrical energy that:
(b)
A person acting as a
small
customer
‑
generator under this act shall not be considered a "public utility" as defined by W.S. 37
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101.
37
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102.
Electric utility requirements.
(a)
An electric utility:
(i)
Shall offer to make available to each of its eligible
small
customer
‑
generators
that has installed a net metering system
an energy meter that is capable of registering the flow of electricity in two (2) directions;
(ii)
May
, at its own expense and with the written consent of the customer
‑
generator,
install one (1) or more additional meters to monitor the flow of electricity in each direction;
(iii)
Except as otherwise provided in this paragraph, s
hall not charge a
small
customer
‑
generator any fee or charge that would increase the
small
customer
‑
generator's minimum monthly charge to an amount greater than that of other customers of the electric utility in the same rate class as the
small
customer
‑
generator.
This paragraph shall not apply on and after July 1, 2024 for small customer
‑
generators other than existing customers as provided under W.S. 37
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105(a). This paragraph is repealed on July 1, 2039.
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103.
Calculation requirements.
(a)
Consistent with other provisions of this chapter, the net energy measurement
for existing small customer
‑
generators as provided in W.S. 37
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105(a)
shall be calculated in the following manner:
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104.
Safety and performance requirements.
(a)
A
net metering
system used by a
small
customer
‑
generator shall meet all applicable safety and performance standards established by the national electrical code, the institute of electrical and electronics engineers and underwriters laboratories.
(b)
The
small
customer
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generator shall at its expense provide lockable, switching equipment capable of isolating the
net metering
facility from the electric utility's system. Such equipment shall be approved by the electric utility and shall be accessible by the electric utility at all times.
(c)
The electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a
net metering
small customer
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generator
facility, or for acts or omissions of the
small
customer
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generator that cause loss or injury, including death, to any third party.
(d)
The
small
customer
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generator is responsible for all costs associated with its facility and is also responsible for all costs related to any modifications to the facility that may be required by the electric utility for purposes of safety and reliability.
(e)
The commission, after appropriate notice and opportunity for comment, may adopt by regulation additional control and testing requirements for
small
customer
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generators that the commission determines are necessary to protect public safety and system reliability.
Section 3.
W.S. 37
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101(a)(ii) is repealed.
Section 4.
The public service commission of Wyoming shall conduct public hearings related to the implementation of the compensation system for electricity produced from small customer
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generation facilities first operational on or after July 1, 2024 and
shall adopt rules necessary to implement the system as provided in W.S. 37
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105(b) not later than April 1, 2024. Any cooperative electric utility that is exempt from retail rate regulation by the public service commission under chapter 17, title 37 of the Wyoming statutes shall adopt rates, terms and conditions to compensate small customer
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generators as provided in W.S. 37
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105(c) not later than April 1, 2024.
Section 5
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0092