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26LSO-0338
2026
STATE OF WYOMING
26LSO-0338
Numbered
2.0
HOUSE BILL NO. HB0174
Wyoming choice electric program.
Sponsored by: Representative(s) Smith and Locke
A BILL
for
AN ACT relating to public utilities; requiring the public service commission to promulgate rules for electric utilities to establish a choice electric program; specifying requirements for the program; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 37
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120 is created to read:
37
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120.
Choice electric program; requirements.
(a)
As used in this section:
(i)
"Electric utility" means any person, including cooperative electric utilities that perform any of the functions specified in W.S. 37
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101(a)(vi)(C), that is authorized to engage in business in Wyoming and that is primarily engaged in the generation, transmission or sale of electric energy. "Electric utility" shall include any electric utility owned or operated by a city or town;
(ii)
"Resource type" means the fuel for or source of electricity that an electric utility generates or purchases for sale to the customers of the electric utility.
(b)
The commission shall promulgate rules that require each electric utility to establish a choice electric program. Rules promulgated under this section shall include, at a minimum:
(i)
Requirements for each electric utility to offer electricity for sale to its customers by each resource type that the electric utility offers or by a combination of resource types;
(ii)
Requirements for each electric utility to determine prices for each resource type to be made available for sale to its customers. As part of the rules promulgated in accordance with this paragraph, the commission shall require each electric utility to include:
(A)
Pricing information for the production cost of the resource type, transmission and delivery costs and administrative costs;
(B)
Pricing information for the purchase of electricity from the electric utility without regard to or a percentage allocation of resource types;
(C)
If the electric utility offers resource types that are not reliable as defined by W.S. 37
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101(a)(iv) or dispatchable as defined by W.S. 37
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101(a)(ii), information on how the electric utility purchases other resource types to ensure that demand is met and the costs that a choice electric customer may incur as a result of these purchases;
(D)
The actual cost of the resource type without applying or including any grants, tax exemptions or subsidies received by the electric utility for that resource type.
(iii)
A requirement for each electric utility to allow customers to specify different percentages for resource types in their purchase of electricity;
(iv)
A requirement for each electric utility to list and provide information on an electric cost adjustment rate or regulated rate to its customers that specifies the cost of electricity based on the delivery of electricity using all resource types offered by the electric utility for customers who do not participate in the choice electric program created under this section;
(v)
Any other requirements, including administration requirements, that the commission determines are necessary for each electric utility to offer a choice electric program to its customers.
(c)
Nothing in this section shall be construed to authorize an electric utility to offer electricity under the choice electric program to customers outside of the territory specified in the electric utility's certificate of convenience and necessity.
(d)
The commission shall not grant confidentiality to any electric utility for any information required to be provided by an electric utility to its customers in accordance with subsection (b) of this section.
(e)
In determining just and reasonable rates for electric utilities offering electricity under the choice electric program required under this section, the commission may consider and authorize electric utilities to recover administrative costs associated with implementing the choice electric program and the resource type percentages requested or selected by customers from customers participating in the choice electric program under this section.
Section 2
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The public service commission shall promulgate all rules necessary to implement this act not later than January 1, 2027.
Section 3
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(a)
Except as provided in subsection (b) of this section, 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.
(b)
Section 1 of this act is effective January 1, 2027.
(END)
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HB0174