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25LSO-0394
2025
STATE OF WYOMING
25LSO-0394
ENGROSSED
3.0
HOUSE BILL NO. HB0218
Public utilities-stays during resolution of lawsuits.
Sponsored by: Representative(s) Locke, Allemand, Banks, Brown, G, Campbell, K, Heiner, Knapp, Lien, Riggins, Rodriguez-Williams, Strock and Styvar and Senator(s) Pearson and Steinmetz
A BILL
for
AN ACT relating to public utilities; requiring stays of proceedings of the public service commission pending the resolution of lawsuits as specified; providing exemptions; making conforming amendments; specifying applicability; 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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2
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130 and 37
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2
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214 are amended to read:
37
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2
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130.
Right of review; stay of proceedings.
(a)
Subject to subsections (b) and (c) of this section, a
person adversely affected or aggrieved by any action, findings, conclusions or decision of the public service commission is entitled to judicial review thereof according to the procedures established by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
The standards to be applied, to judicial review proceedings, including scope of review, shall be those standards established in the Wyoming Administrative Procedure Act.
(b)
Notwithstanding the requirements of W.S. 37
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3
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106(b) and (c), if a public utility seeks judicial review of a general rate case decision under this section that raises an argument under W.S. 16-3-114(c)(ii)(A) through (D), the commission may stay each part of any subsequent general rate case related to the issue under judicial review until resolution of the judicial review including any appeal.
(c)
Subsection (b) of this section shall not apply to any lawsuit or judicial review based on the commission's application of facts or evidence or resolution of disputed facts or evidence or based on an argument raised under W.S. 16
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3
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114(c)(ii)(E).
37
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2
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214.
Rehearing.
Subject to W.S. 37
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2
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130(b) and (c), a
t any time after an order has been made by the commission any person interested therein may apply for a rehearing in respect to any matter determined therein and the commission shall grant and hold a rehearing if in its judgment sufficient reason therefor be made to appear, which rehearing shall be subject to rules as the commission may prescribe. Applications for rehearing shall stay the effect of any order or decision of the commission only as to the portion of the order addressed in the rehearing application until the commission denies the application or enters an order following rehearing, whichever last occurs, provided, however, that upon the request of any party and a showing of good cause therefor, the commission may vacate the stay and allow the order or decision to remain in effect. An order or decision made after the rehearing vacating, amending or modifying the original order or decision shall not, as to the matter considered on rehearing, be open to a further application for rehearing, and shall have the same force and effect as the original order or decision.
Section 2.
This
act shall apply to all requests, applications, rate cases and other matters filed with the public service commission for which litigation specified in this act has been filed before,
on and after the effective date of this act.
Section 3
.
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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HB0218