HB0318 - Self-regulation of cooperative electrical associations.
2001 |
State of Wyoming |
01LSO-0644 |
HOUSE BILL NO. HB0318
Self-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 rate regulation;
3
providing for alternative regulation after election;
4
providing procedures; providing legislative declaration;
5
specifying applicability; specifying rate adjustment
6
procedures; providing complaint procedure; 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 37-16-109 are
12 created to read:
13
14 CHAPTER 16
15 SELF-REGULATION OF COOPERATIVE ELECTRICAL ASSOCIATIONS
16
17 37-16-101. Legislative declaration.
Page 1
1
2 The legislature hereby finds and declares
that cooperative
3
electric associations are owned by the member consumers
4 they
serve and are regulated by the member consumers
5
themselves acting through an elected governing body. It is
6
further declared that the regulation by the public service
7
commission under this title, may be duplicative of the
8
self-regulation by the association and may be neither
9
necessary nor cost effective. It is therefore the purpose
10 of this chapter to determine the necessity
of regulation by
11 the public service commission by allowing
cooperative
12 electric associations to exempt themselves
from rate
13 regulation by the public service commission,
subject to the
14 provisions of this chapter.
15
16 37-16-102. Definitions; construction.
17
18 (a) For the purposes of this chapter "cooperative
19 electric association" means a nonprofit
electric
20 corporation or association.
21
22 (b) A cooperative electric association exempted from
23 regulation under this title shall be subject
only to the
Page 2
1 provisions of this chapter and those
provisions of this
2
title as specified in this chapter.
3
4 37-16-103. Exemption from regulation.
5
6 Except as otherwise provided in this
chapter, the
7
provisions of this title shall not apply to cooperative
8
electric associations which have, by an affirmative vote of
9 the
members and consumers pursuant to W.S. 37-16-104, voted
10 to exempt themselves from such provisions
and to be subject
11 to the provisions of this chapter, W.S. 37-1-101
and
12 articles 1, 2 and 4 of chapter 12 of this
title. The period
13 of exemption shall begin on the date the
election results
14 are filed with the commission.
15
16 37-16-104. Procedure for exemption; election.
17
18 (a) The board of directors of each cooperative
19 electric association may, at its option,
adopt a resolution
20 for self-regulation and submit the question
of its
21 exemption from this title to its members and
its consumers.
22 Approval by a majority of those voting in
the election
23 shall be required for the exemption.
24
Page 3
1 (b) The board of directors of the cooperative
2
electric association shall notify its members and its
3
consumers of its resolution and the election for self-
4
regulation. The notice shall be by first class United
5
States mail or by public meeting of the board not less than
6
forty-five (45) days before the date set for the election.
7
8 (c) The board
of directors shall be responsible for
9
mailing the ballots to all members and consumers of the
10 association, for counting the returned
ballots and for
11 determining the result of the election and
also shall be
12 responsible for insuring that the election
is not held in a
13 dishonest, corrupt or fraudulent manner. The
ballot shall
14 contain the following language:
15
16 "Shall the members of .... (name of the
cooperative
17 electric association), through its board of
directors,
18 regulate the rates of the cooperative
electric association
19 and terminate regulation by the public
service commission
20 of the state of Wyoming?
21 … Yes … No"
22
Page 4
1 (d) The ballot must be postmarked or returned in an
2
envelope accompanying the ballot with return postage paid
3
within thirty (30) days after it was mailed to the member
4 or
consumer.
5
6 (e) The results of the election held pursuant to this
7
section shall be certified by the secretary of the board of
8
directors of the cooperative electric association no later
9
than sixty (60) days after the ballots are mailed to the
10 members and consumers and the secretary of
the board shall
11 file the results with the commission.
12
13 (f) Upon an affirmative vote of the members and
14 consumers of the cooperative electric
association on the
15 question of exempting the association, the
association
16 shall be exempt from this title, other than
as provided in
17 this chapter, beginning on the date the
election results
18 are filed with the commission.
19
20 37-16-105. Certificate
of public convenience and
21
necessity.
22
23 Nothing in this chapter shall be construed to affect the
24 certified service territory of a
cooperative electric
Page 5
1 association or the
authority of the Wyoming public service
2
commission as otherwise provided by law.
3
4 37-16-106. Rate
adjustment procedure; complaints to
5 commission.
6
7 (a) A cooperative electric association which is not
8
exempt under this chapter shall not change any rate charged
9 for
electric service or change any rule in connection
10 therewith, unless the association notifies
its members by
11 first class United States mail or at a
public meeting of
12 the board of directors of the proposed
change at least
13 thirty (30) days before the day the proposed
change is to
14 take effect. Any rate adjustment approved by
the board of
15 directors shall be filed with the`
commission.
16
17 (b) Notwithstanding
an association's election for
18 self-regulation, the commission shall
investigate the
19 adjusted rates of the association, if there
is filed with
20 the commission a petition signed by not less
than five
21 percent (5%) of all of the association's
customers or ten
22 percent (10%) of the association's customers
within any one
23 (1) rate class. The complaint shall be resolved by the
24 commission in accordance with the hearing
and enforcement
Page 6
1 procedures established in W.S. 37-2-111
through 37-2-119
2 and
article 2 of chapter 2 of this title.
3
4 (c) The
commission is authorized to fix and order
5
rates it determines are just and reasonable, if the
6
commission finds after investigation that the rates are
7
unjust or unreasonable, unjustly discriminatory or unduly
8
preferential. The cooperative's rates complained of shall
9
remain in effect while the rates are under investigation
10 and until a final order changing them is
adopted.
11
12 37-16-107. Duties
of cooperative electric
13
associations.
14
15 The board of
directors of a cooperative electric
16 association shall adopt all necessary rules
to comply with
17 the provisions of this chapter.
18
19 37-16-108. Rules governing consumer complaints.
20
21 The board of
directors of each cooperative electric
22 association shall adopt rules which specify
a procedure for
23 members and consumers to register complaints
about and be
24 given an opportunity to be heard by the
board of directors
Page 7
1 on the rates charged by the association, the
manner in
2
which the electric service is provided and proposed changes
3 in
the rates or rules. The rules may be amended whenever
4
deemed appropriate by the board.
5
6 37-16-109. Method
of reimposing public service
7 commission regulation.
8
9 A cooperative electric association may vote
no more than
10 once a year to remove the association from
regulation under
11 this chapter and place the association under
the regulation
12 of the commission, as otherwise provided in
this title. The
13 question of reimposing rate regulation may
be proposed by
14 resolution of the board of directors or may
be submitted to
15 the board by the members and consumers of a
cooperative
16 electric association if at least ten percent
(10%) of the
17 members and consumers of the association
sign a petition
18 requesting an election. The election shall be
conducted
19 according to the provisions of W.S. 36-16-104.
20
21 Section
2. W.S. 37-1-101(a)(intro) is
amended to
22 read:
23
24 37-1-101. Definitions.
Page 8
1
2 (a) As used in chapters 1, 2, 3, 12 and 16
of and
3
this title:
4
5 Section 3. This act is effective July 1, 2001.
6
7 (END)
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