HB0086 - Regulation of cooperative electrical associations.
2001 |
State of Wyoming |
01LSO-0119 |
HOUSE BILL NO. HB0086
Regulation of cooperative electrical associations.
Sponsored by: Representative(s) Stafford
A BILL
for
1 AN ACT relating to
utilities; authorizing cooperative
2
electric associations to elect alternative regulation;
3
providing for alternative regulation after election;
4
providing procedures; providing legislative declaration;
5
specifying applicability; specifying duties and prohibited
6
acts of cooperative electric associations; and providing
7 for
an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1.
W.S. 37-16-101 through 37-16-111 are
12 created to read:
13
14 37-16-101. Legislative declaration.
15
16 The legislature hereby finds and declares that cooperative
17 electric associations which are owned by the
member-
Page 1
1 consumers they serve are
regulated by the member-consumers
2
themselves acting through an elected governing body. It is
3
further declared that the regulation by the public service
4
commission under this title, may be duplicative of the
5
self-regulation by the association and may be neither
6
necessary nor cost effective. It is therefore the purpose
7 of
this article to determine the necessity of regulation by
8 the
public service commission by allowing cooperative
9
electric associations to exempt themselves from regulation
10 by the public service commission, subject to
the provisions
11 of this article.
12
13 37-16-102. Definitions; construction.
14
15 (a) For the
purposes of this article "cooperative
16 electric association" includes a
nonprofit electric
17 corporation or association but does not
include nonprofit
18 generation and transmission electric
corporations or
19 associations.
20
21 (b) A
cooperative electric association exempted from
22 regulation under this title shall be subject
only to the
23 provisions of this article and those
provisions of this
24 title as specified in this article.
Page 2
1
2 37-16-103. Exemption from regulation.
3
4 Except as otherwise
provided in this article, the
5
provisions of this title shall not apply to cooperative
6
electric associations which have, by an affirmative vote of
7 the
members and consumers pursuant to W.S. 37-16-104, voted
8 to
exempt themselves from such provisions and to be subject
9 to
the provisions of this article, W.S. 37-1-101 and
10 articles 1, 2 and 4 of chapter 12 of this
title. The period
11 of exemption shall begin on the date the
election results
12 are filed with the commission.
13
14 37-16-104. Procedure for exemption; election.
15
16 (a) The board
of directors of each cooperative
17 electric association may, at its option,
submit the
18 question of its exemption from this title,
to its members
19 and its consumers. Approval by a majority of
those voting
20 in the election shall be required for the
exemption.
21
22 (b) The board
of directors of the cooperative
23 electric association shall be responsible
for mailing the
24 ballots to all members and consumers of the
association,
Page 3
1 for
counting the returned ballots and for determining the
2
result of the election and shall also be responsible for
3
insuring that the election is not held in a dishonest,
4
corrupt or fraudulent manner. The ballot shall contain the
5
following language:
6
7 "Shall .... (name
of the cooperative electric association)
8 be
exempt from regulation by the public service commission
9 of
the state of Wyoming?
10 … Yes … No"
11
12 (c) The ballot
must be postmarked or returned in an
13 envelope accompanying the ballot with return
postage paid,
14 within thirty (30) days after it was mailed
to the member
15 or consumer.
16
17 (d) The results
of the election held pursuant to this
18 section shall be certified by the secretary
of the board of
19 directors of the cooperative electric
association no later
20 than sixty (60) days after the ballots are
mailed to the
21 members and consumers and the secretary of
the board shall
22 file the results with the commission.
23
Page 4
1 (e) Upon an
affirmative vote of the members and
2
consumers of the cooperative electric association on the
3
question of exempting the association, the association
4
shall be exempt from this title, other than as provided in
5
this article, beginning on the date the election results
6 are
filed with the commission.
7
8 37-16-105. Certificate of public
convenience and
9 necessity.
10
11 (a) A
certificate of public convenience and necessity
12 issued by the commission prior to July 1,
2001, assigning
13 specific service territories to a
cooperative electric
14 association shall remain in full force and
effect and shall
15 be subject to such rights and limitations as
other
16 certificates of public convenience and
necessity held by
17 other electric public utilities subject to
regulation of
18 the commission.
19
20 (b) After
giving simultaneous notice by certified
21 mail to other electric public utilities
serving areas
22 adjacent to an unserved, uncertificated
territory and to
23 the commission of its intent to extend
service, a
24 cooperative electric association shall have
the right to
Page 5
1
extend service into such unserved, uncertificated territory
2
unless the commission receives a complaint concerning the
3
extension. The complaint must be received by the commission
4 no
later than thirty (30) days following the commission's
5
receipt of the notice of extension. Upon the filing of a
6
complaint, the commission shall determine whether to issue
7 a
certificate of public convenience and necessity
8
authorizing the extension.
9
10 (c) Whenever
the commission, after a hearing upon
11 complaint, finds that an electric public
utility, including
12 a cooperative electric association, is
unwilling or unable
13 to serve an existing or newly developing
load within its
14 certificated territory and that the public
convenience and
15 necessity requires a change, the commission
may, in its
16 discretion, delete from the certificate of
the public
17 utility or association that portion of the
territory which
18 the public utility or association is
unwilling or unable to
19 serve and incorporate the territory into the
certificated
20 territory of another electric public
utility, including
21 another cooperative electric association,
upon such terms
22 as are just and reasonable, having due
regard to due
23 process of law and to all the rights of the
respective
24 parties and to public convenience and
necessity.
Page 6
1
2 (d) Upon
complaint filed by an electric public
3
utility, including a cooperative electric association, the
4
commission shall determine whether any construction or
5
extension made or proposed to be made by another public
6
utility or association will interfere with or duplicate the
7
line, plant, system or service of the complainant, in which
8
event the commission may make an order prohibiting the
9
construction or extension or prescribing the terms and
10 conditions thereof as are just and
reasonable.
11
12 (e) The
provisions of W.S. 37-2-111 through 37-2-119
13 and article 2 of chapter 2 of this title
shall apply to any
14 proceeding of the public service commission
required by
15 this section.
16
17 (f) Except as
otherwise provided in this article, the
18 enactment of this article shall neither
enlarge nor
19 diminish the rights and obligations of
electric public
20 utilities, including cooperative electric
associations,
21 under certificates of public convenience and
necessity
22 issued by the commission. Nothing in this
article shall
23 enlarge or diminish the respective rights
and obligations
24 of electric public utilities, including
cooperative
Page 7
1
electric associations, or municipalities under franchise or
2
other contractual agreements.
3
4 37-16-106. Prohibited acts.
5
6 (a) No cooperative
electric association shall make a
7
change in any rate charged for electric service or in any
8
rule or regulation in connection therewith unless the
9
association provides public notice of the proposed change
10 at least thirty (30) days prior to the day
the proposed
11 change is to take effect.
12
13 (b) No
cooperative electric association, as to rates,
14 charges, service, facilities or as to any
other matter,
15 shall make or grant any preference or
advantage to any
16 person or subject any person to any
prejudice or
17 disadvantage. No cooperative electric
association shall
18 establish or maintain any unreasonable
difference as to
19 rates, charges, service, facilities or as to
any other
20 matter within any class of service. Any
complaint arising
21 out of this subsection signed by one (1) or
more customers
22 of such association shall be resolved by the
commission in
23 accordance with the hearing and enforcement
procedures
Page 8
1
established in W.S. 37-2-111 through 37-2-119 and article 2
2 of
chapter 2 of this title.
3
4 (c) No rates,
charges, rules or regulations of a
5
cooperative electric association shall be unjust or
6
unreasonable. Any complaint under this subsection shall be
7
resolved by the commission in accordance with the hearing
8 and
enforcement procedures established in W.S. 37-2-111
9
through 37-2-119 and article 2 of chapter 2 of this title,
10 if the complaint alleging a violation is
signed by the
11 mayor, or a majority of the council,
commission or other
12 legislative body of an affected county, city
or town, an
13 affected public utility, or any one (1) or
more affected
14 entities constituting a separate rate class
of the
15 association or is signed by not less than
twenty-five (25)
16 customers or prospective customers of such
association.
17
18 37-16-107. Duties of cooperative
electric
19 associations.
20
21 The board of directors of a cooperative electric
22 association shall adopt all necessary rules
and regulations
23 to comply with the provisions of this
article.
24
Page 9
1 37-16-108. Public meetings.
2
3 (a) All
meetings of a cooperative electric
4
association are declared to be open meetings and open to
5 the
members, consumers and news media at all times; but an
6
association, by a two-thirds (2/3) affirmative vote of the
7
board members present, may go into executive session for
8
consideration of documents or testimony given in
9
confidence, but an association shall not make final policy
10 decisions or adopt or approve any
resolution, rule,
11 regulation, or formal action, any contract,
or any action
12 calling for the payment of money at any
session which is
13 closed to the members, consumers and news
media.
14
15 (b) Prior to
the time the board of directors convenes
16 in executive session, the board shall
announce the general
17 topic of the executive session.
18
19 (c) Any action
taken contrary to the provisions of
20 this section shall be null and void.
21
22 37-16-109. Regulations governing consumer complaints.
23
Page 10
1 The board of directors
of each cooperative electric
2
association shall adopt regulations which specify a
3
procedure for members and consumers to register complaints
4
about and be given an opportunity to be heard by the board
5 on
the rates charged by the association, the manner in
6
which the electric service is provided and proposed changes
7 in
the rates or regulations. The regulations may be amended
8
whenever deemed appropriate by the board.
9
10 37-16-110. Method of reimposing public
service
11 commission regulation.
12
13 Any cooperative electric association may vote no more than
14 once a year to remove the association from
regulation under
15 this article and place the association under
the regulation
16 of the commission, as otherwise provided in
this title. The
17 question shall only be submitted to the
members and
18 consumers of a cooperative electric
association if at least
19 five percent (5%) of the members and
consumers of the
20 association sign a petition requesting an
election. The
21 petition shall be submitted to, and
signatures certified
22 by, the association's board of directors at
a regular
23 scheduled meeting. After the petition has
been certified by
24 the board, the commission shall conduct an
election within
Page 11
1 forty-five (45) days on
the question. If a majority of the
2
persons voting at the election vote in favor of placing
3
their association under commission regulation, the
4
commission shall reassert its regulation upon determination
5 of
the election results.
6
7 37-16-111. Public service commission; fees.
8
9 No cooperative electric
association which has voted to
10 exempt itself from this title other than the
provisions of
11 this article, shall be required to pay to
the commission
12 the fees imposed by the provisions of
chapter 2 of this
13 title; except that, for any year in which
the commission is
14 required, pursuant to W.S. 37-16-105 or 37-16-110,
to act
15 with respect to an exempt cooperative
electric association,
16 such exempt association shall pay to the
commission actual
17 and necessary costs.
18
19 Section 2. W.S. 37-1-101(a)(intro)
is amended to
20 read:
21
22 37-1-101. Definitions.
23
Page 12
1 (a) As used in
chapters 1, 2, 3,
12
and 16
of and
2
this title:
3
4 Section 3. This act is effective July 1, 2001.
5
6 (END)
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