S

S.F. No. 0085

Cooperative electric utilities-rate regulation.

Sponsored By: Senator(s) Larson, Anderson, J. and Dockstader and Representative(s) Diercks, Gingery and Meyer

AN ACT relating to cooperative electric utilities; providing for exemption from rate regulation of all energy sources of any cooperative electric utility with member owners in the state; requiring equal energy retail rates as specified; and providing for an effective date.

1/12/2009 Bill Number Assigned

1/13/2009 S Received for Introduction

1/14/2009 S Introduced and Referred to S09

1/19/2009 S09 Recommended Do Pass

ROLL CALL

Ayes: Senator(s) Bebout, Cooper, Hunnicutt, Larson and Martin

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/19/2009 S Placed on General File

1/20/2009 S Passed CoW

SF0085S2001/ADOPTED

Page 2-line 18 Delete "July 1, 2009." insert "immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". LARSON

SF0085S2002/FAILED

Page 1-line 8 After "(iv)" delete "is" insert ", 37-17-103(a) and (c), 37-17-104(a), (b) and (d), 37-17-105(a) and (c) are".

Page 2-after line 16 Insert:

"37-17-103. Procedures for exemption; exclusion from exemption provisions.

(a) The board of directors of any cooperative electric utility may adopt a resolution for exemption from public service commission retail rate regulation and submit the resolution to the Wyoming member owners for a vote.

(c) Upon an affirmative vote of a majority of the Wyoming member owners voting on the resolution in person or by mail ballot, the election results shall be filed with the commission. On the date of filing, the exemption shall become effective.

37-17-104. Adjustment of retail rates; complaint; investigation; resolution.

(a) A cooperative electric utility exempted under W.S. 37-17-103 shall give written notice to all Wyoming member owners, at least thirty (30) days prior to the effective date of any retail rate adjustment, including procedures for member consumers to comment on proposed rates.

(b) If within thirty (30) days following the date of mailing or publication of the notice a complaint signed by not less than five percent (5%) of the Wyoming member owners in a rate class is filed with the cooperative electric utility, then a hearing shall be conducted by the utility's board of directors, to attempt to resolve the complaint. On request by a member owner, for the exclusive purpose of preparing a complaint pursuant to this subsection, and in compliance with the cooperative's by-laws, the cooperative electric utility shall provide a list to the member owner which includes the names and contact information of all member owners included in the rate class of the requesting member owner.

(d) If within two (2) months of final implementation of a retail rate a complaint signed by not less than five percent (5%) of the Wyoming member owners in any rate class, is filed with the cooperative electric utility's board of directors, the board shall have two (2) months from the date of filing to attempt to resolve the complaint. The complaint may be filed with the commission after the expiration of this two (2) month period.

37-17-105. Return to public service commission rate regulation.

(a) The board of directors of a cooperative electric utility shall hold an election on the question of returning to retail rate regulation at the next annual meeting after receiving a petition requesting the same, signed by at least five percent (5%) of the total Wyoming member owners, or upon the board's own motion.

1/21/2009 S Passed 2nd Reading

SF0085S3001/ADOPTED

Page 1-line 4 After "state;" insert "requiring equal energy retail rates as specified;".

Page 1-line 8 Delete "is" insert "and 37-17-104 by creating a new subsection (f) are".

Page 2-after line 16 Insert:

"37-17-104. Adjustment of retail rates; complaint; investigation; resolution.

(f) Any cooperative exempted under W.S. 37-17-103 shall apply energy retail rates equally to all member owners in the same rate class. In the event a cooperative does not apply energy retail rates equally, regardless of state boundaries, the cooperative will immediately be subject to rate regulation by the Wyoming public service commission.". LARSON

SF0085S3002/FAILED

Page 1-line 8 After "(iv)" delete "is" insert ", 37-17-103(a) and (c), 37-17-104(a), (b) and (d), 37-17-105(a) and (c) are".

Page 2-after line 16 Insert:

"37-17-103. Procedures for exemption; exclusion from exemption provisions.

37-17-104. Adjustment of retail rates; complaint; investigation; resolution.

37-17-105. Return to public service commission rate regulation.

1/22/2009 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Bebout, Burns, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Meier, Perkins, Peterson, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays: Senator(s) Case, Coe, Massie, Nicholas and Ross

Ayes 25 Nays 5 Excused 0 Absent 0 Conflicts 0

1/27/2009 H Received for Introduction

1/30/2009 H Introduced and Referred to H09

2/13/2009 H09 Recommended Do Pass

ROLL CALL

Ayes: Representative(s) Brechtel, Byrd, Harvey, Meyer, Moniz, Roscoe, Stubson and Zwonitzer, Dv.

Nays: Representative(s) Lockhart

Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0

2/13/2009 H Placed on General File

2/18/2009 H Passed CoW

2/19/2009 H Passed 2nd Reading

2/20/2009 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lubnau, Madden, McKim, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays: Representative(s) Jorgensen, Lockhart, McOmie and Steward

Ayes 56 Nays 4 Excused 0 Absent 0 Conflicts 0

2/20/2009 Assigned Number SEA No. 0023

2/23/2009 S President Signed SEA No. 0023

2/23/2009 H Speaker Signed SEA No. 0023

2/25/2009 Governor Signed SEA No. 0023

2/25/2009 Assigned Chapter Number

Chapter No. 0033 Session Laws of Wyoming 2009.