2010 Wyoming Statutes
Title 37 - Public Utilities
Chapter 3 - Rates, Interchange Of Services And Safety

CHAPTER 3 - Rates, Interchange of Services and Safety

 

ARTICLE 1 - IN GENERAL

 

37-3-101. Rates to be just, reasonable and uniform; exceptions.

 

All rates shall be just and reasonable, and all unjust and unreasonable rates are prohibited. A rate shall not be considered unjust or unreasonable on the basis that it is innovative in form or in substance, that it takes into consideration competitive marketplace elements or that it provides for incentives to a public utility. Except as otherwise provided in W.S. 15-7-407, no public utility shall in any manner charge, demand, collect or receive from any person greater or less or different compensation for any service rendered or to be rendered by the public utility than is charged, demanded, collected or received by the public utility from any other person for a like and contemporaneous service under similar circumstances and conditions. The commission may determine that rates for the same service may vary depending on cost, the competitive marketplace, the need for universally available and affordable service, the need for contribution to the joint and common costs of the public utility, volume and other discounts, and other reasonable business practices. Nothing in this title shall prohibit any public utility from furnishing free or reduced rate service to its current or pensioned employees and dependent family members under rates approved by the commission.

 

37-3-102. Only prescribed rates to be charged.

 

No public utility shall directly or indirectly, by any device whatsoever, or in anywise, charge, demand, collect or receive from any person a greater or less or different compensation for any service rendered or to be rendered by such public utility than that prescribed in the schedules of such public utility then filed and published in the manner provided in this act, nor shall any person receive or accept any service from a public utility for a compensation greater, less or in any way different from that prescribed in such schedules.

 

37-3-103. Repealed by Laws 1995, ch. 192, 3.

 

 

37-3-104. Repealed by Laws 1995, ch. 192, 3.

 

 

37-3-105. Free or reduced rates of transportation to certain classes of persons authorized.

 

Nothing in this act shall prohibit any public utility from furnishing free or reduced rate of transportation of the person or property over its line to officers, attorneys, surgeons, directors or employees of such public utility or dependent members of their families, or to former employees of such public utility, or dependent members of their families where such employees are pensioned or have become disabled in the service of such public utility or are unable from physical qualifications to continue in such service; or to ministers of religion, traveling secretaries of Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the national or state homes for disabled volunteer soldiers, and of soldiers' and sailors' homes, including those about to enter and those returning home after discharge; to state adjutant of the Grand Army of the Republic, to state adjutant of the Spanish-American War Veterans, and to the department commander, department chairman, child welfare committee, and the state adjutant of the American Legion, to the department commander and department adjutant and rehabilitation officer of the Disabled American Veterans of the World War; to the department commander and department adjutant and service officer of the Veterans of Foreign Wars of the United States; to necessary caretakers of livestock, poultry, milk and fruit, and fish and spawn for use in stocking public streams; to employees on sleeping cars and express cars, and to linemen of telegraph and telephone companies; to railway mail service employees, post office inspectors, custom inspectors, and immigration inspectors; to instructors of the state militia, to sheriffs and deputy sheriffs of counties in which, into which, or through which such public utility is operated; to the state pure food commissioner, state game and fish commissioner, members of the state game and fish commission and chief assistant state game and fish commissioner and state veterinarian (no person so carried shall be paid mileage by the state for such transportation); to chiefs of police of cities in which, into which, or through which such public utility is operated; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons; nor prohibit the exchange of transportation of the persons or of property or of service by such public utility with officers, attorneys, surgeons, directors, or employees of other public utilities or their families, nor to prohibit any common carrier from carrying passengers or property free with the object of providing relief in cases of general epidemic, pestilence or other calamitous visitation, or in case of blockade, wreck or interrupted service, nor to prevent a common carrier from furnishing a special train or a special car or cars and transportation thereon free of charge for the benefit of any state institution, nor to prevent the furnishing of a special train or car or cars and transportation thereon free of charge for the purpose or with the object of demonstrating agricultural, manufacturing or business methods; and provided further, that nothing in this act shall be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the officers, agents, employees, surgeons, physicians and attorneys and their families of telegraph, telephone and cable lines, and the officers, agents, employees, surgeons, physicians and attorneys and their families of other public utilities subject to the provisions of this act; provided, further, that the term "employees" as used in this paragraph [section] shall include furloughed, pensioned and superannuated employees, persons who have become disabled or infirm in the service of such public utilities, and the remains of a person killed in the employment of a carrier and ex-employees traveling for the purpose of entering the service of such public utilities; and the term "families" as used in this paragraph [section] shall include the families of those persons named in this proviso, also the families of persons killed, and the widows, during widowhood, and minor children, during the minority, of persons who died while in the service of any such public utility. Any public utility violating this provision shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the state of Wyoming a penalty of not less than one hundred dollars ($100.00), nor more than two thousand dollars ($2,000.00), and any person, other than the persons excepted in the provision, who uses any such free pass or free transportation, shall be subject to like penalty.

 

37-3-106. Temporary suspension of rates; burden of proof; notice of rate changes; bonding; refunding of amounts collected in excess of final rates.

 

 

(a) At any hearing as provided in this act involving an increase in rates or charges sought by a public utility, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility.

 

(b) Unless the commission otherwise orders, no public utility shall make any change in any rate which has been duly established except after thirty (30) days notice to the commission, which notice shall plainly state the changes proposed to be made in the rates then in force, and the time when the changed rates will go into effect. The utility shall also give such notice of the proposed changes to other interested persons as the commission in its discretion may direct. All proposed changes shall be shown by filing new tariffs which shall be kept open to public inspection. When the commission establishes any rate which is innovative in form or substance, takes into consideration competitive marketplace elements or provides for incentives to a public utility, the rate may contain any provision for subsequent notice or the absence thereof which is supported by the public interest.

 

(c) Whenever there is filed with the commission by any public utility any application or tariff proposing a new rate or rates, the commission may, either upon complaint or upon its own initiative, initiate an investigation, hearing, or both, concerning the lawfulness of such rate or rates. Pending its decision thereon, the commission may suspend such rate or rates, before they become effective but not for a longer initial period than six (6) months beyond the time when such rate or rates would otherwise go into effect. If the commission shall thereafter find that a longer time will be required, the commission may extend the period of suspension for an additional period or periods not exceeding in the aggregate, three (3) months.

 

(d) The public utility may file an application requesting, and the commission may order such suspended rate or rates or any portion thereof to be put into effect at any time, in which event the commission may require a bond which shall secure a refund to persons entitled thereto of the amount, if any, finally determined to be excessive. The application and the bond in terms, amount and sureties shall be subject to the commission's approval.

 

(e) As ordered by the commission, the utility shall promptly refund to persons entitled thereto all amounts collected by it in excess of the final rates approved by the commission plus reasonable interest at a rate to be determined by the commission, and as ordered by the commission and upon such time and conditions as the commission shall specify, shall promptly pay all amounts not so refunded to the general fund of Wyoming.

 

(f) In any case involving a proposed change in rates, the commission may permit the utility to make effective without suspension only that portion of the change which the commission may determine to be proper under the circumstances.

 

37-3-107. Rates for joint service by public utilities.

 

When joint service is participated in by two or more public utilities the commission after hearing on complaint or on its own motion without complaint, may ascertain, determine, and fix for such services just and reasonable rates, which shall be charged, enforced, collected and observed by such public utilities.

 

37-3-108. Apportionment of joint rates.

 

Whenever the public utilities involved shall fail to agree among themselves upon the apportionment or division of any joint rate established by the commission or ordered by the commission substituted for any joint rate found to violate any provision of this act, the commission may issue a supplemental order declaring the apportionment or division of such joint rate.

 

37-3-109. Investigation of interstate rates; application for relief.

 

The commission may investigate all existing or proposed interstate rates, where any act under such rate shall or may take place within this state. When such rates are, in the opinion of the commission, unjust, unreasonable, unjustly discriminatory, unduly preferential or otherwise, or in any respect in violation of the provisions of the act to regulate commerce or of any other act of congress or in conflict with the rules and orders of the interstate commerce commission or any other department of the federal government, the commission may apply for relief by petition or otherwise to the interstate commerce commission or to any other department of the federal government or to any court of competent jurisdiction.

 

37-3-110. Schedules of rates to be filed and available to public; forms prescribed to conform to federal forms.

 

Within a time to be fixed by the commission, every public utility shall file with the commission, and keep open to public inspection as this commission may direct, schedules showing all rates for every service rendered or to be rendered by it. The commission may determine and prescribe the form of the schedules required by this act to be filed with the commission and kept open to public inspection and all changes therein, and change the form from time to time if it shall be found expedient; provided, however, that in respect to public utilities subject to act of congress to regulate commerce and any amendments thereof, the commission shall have such form or forms prescribed by it conform to any similar form prescribed by the interstate commerce commission.

 

37-3-111. Contracts to be filed; statements of free or reduced rate service required.

 

Every public utility shall file with the commission copies of contracts, agreements or arrangements to which it may be a party, as the commission may designate. Every public utility shall, whenever required by the commission, file with the commission statements of passes, tickets, mileage books or franks, issued by the public utility, free or at rates lower than those open to the public in general, or of other authorization of service free or at reduced rates, these statements to cover the periods of time and classes of service, and to include information connected with the issuance thereof, as the commission may prescribe.

 

37-3-112. Service to be adequate and safe; regulations to be just and reasonable; unjust discrimination or undue preference as to service prohibited.

 

The service and facilities of every public utility shall be adequate and safe and every service regulation shall be just and reasonable. The commission shall have the authority to investigate, consider and determine standards for availability or reliability of service that are objectively established by rule consistent with commonly accepted industry standards. It shall be unlawful for any public utility to make or permit to exist any unjust discrimination or undue preference with respect to its service, facilities or service regulations. This provision shall not be construed as prohibiting a public utility from establishing classifications which distinguish among its various services, facilities or service regulations if the classifications are not unduly discriminatory among the customers in the same class of service.

 

37-3-113. Interchange and transfer of messages, service and other facilities.

 

 

(a) Every public utility shall afford all reasonable, proper and equal facilities for the prompt and efficient interchange and transfer of passengers, property, cars loaded or empty, messages, service, or other facilities between the lines, plants or systems owned, operated, controlled or leased by it, and the lines, plants or systems of every other public utility, and shall make such interchange and transfer promptly without discrimination between shippers, passengers, carriers and all persons either as to compensation charged, service and facilities rendered or afforded. Every public utility operating within the state shall receive and transmit without delay or discrimination, any message, service, passenger or property or facility of or from every other similar public utility with whose line or plant or system a physical connection may have been made. But this act shall not be construed as requiring any public utility to give the use of its tracks or terminal facilities to another public utility engaged in like business.

 

(b) Nothing in this section contained shall be construed as in anywise limiting or modifying the duty of a public utility to establish joint rates, fares and charges for the transportation of passengers, property, messages, service or other facilities over the lines, plants or systems owned, operated, controlled or leased by it and the lines, plants or systems of other similar public utility, nor as in any manner limiting or modifying the power of the commission to require the establishment of such joint rates, fares and charges, such public utilities have failed to agree upon such use or the terms or conditions of compensation for the same, the commission may by order direct that such use may be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such joint use. Said commission however, shall not direct or sanction such joint use except in case of clear necessity.

 

37-3-114. Safety standards.

 

 

(a) All instrumentalities, equipment, plant and facilities furnished, employed or used by any public utility, shall in all respects be adequate and efficient, and the construction, operation and use thereof, shall be such as shall prevent injury to property, and as shall promote the safety, health, comfort, and convenience of its patrons, employees and the public, and to this end, the commission may make rules and regulations governing the construction, maintenance and operation of telephone, telegraph, trolley, electric light and power lines hereafter built within this state, and shall by rule adopt as the standard of such construction, operation and maintenance the provisions of the current edition of the National Electrical Safety Code; provided that when electric light and power lines use Y-connected circuits with neutral conductors effectively grounded throughout their length, minimum vertical clearance of wires or neutral conductors over ground or rails shall be determined by the voltage between wires and ground, if such voltage does not exceed fifteen thousand (15,000) volts. Said commission shall also have the power to direct the manner by which all utilities shall cross public highways and other utilities and by which public highways shall cross the utilities and to prescribe methods of approach and crossing that shall secure safety to the public; provided, however, that with respect to approaches and crossings of overhead lines, the provisions of the current edition of the National Electrical Safety Code above prescribed shall apply, except as provided herein with respect to Y-connected circuits with neutral conductors effectively grounded throughout their length where the voltage does not exceed fifteen thousand (15,000) volts. At every such crossing, in case the persons interested do not themselves agree, it shall be the duty of the commission to apportion between the parties, in accordance with justice, the costs and expenses of installing and maintaining such crossings. In case expense is apportioned to be paid by a public highway the portion so to be paid by such highway shall be paid by the city or town in case the crossing line is within the boundaries of a city or town, and by the county in which the crossing is situated in case the same is not within any city or town. Provided that all such equipment, plant, and facilities shall be maintained in such working condition that will provide a minimum of interference with radio and television reception to residents and highway users in the immediate area of such equipment, plant, and facilities.

 

(b) This section shall not be construed as creating neither prohibition nor obligation or duty of inspection or maintenance by an electric or telecommunications public utility for facilities or equipment not owned by the public utility.

 

37-3-115. Rates; less expensive source of supply.

 

In the case of a utility furnishing natural gas, if the utility decreases its cost of natural gas, not less than ninety percent (90%) of the decrease in the cost shall be passed on to the consumer and in addition to other factors allowed by the commission in setting rates the commission may allow the utility to add to its rate not more than ten percent (10%) of the difference between its previous cost for natural gas and its new cost for natural gas.

 

ARTICLE 2 - NATURAL GAS STORAGE LIMITS AND RATES

 

37-3-201. Limit on natural gas storage; sale of excess; rates; removal of gas for purposes of evading article prohibited.

 

 

(a) Except as otherwise provided in subsection (b) of this section, no natural gas utility shall include in its rates any charge for any gas maintained in storage in excess of the greater of the amount of stored gas needed to create storage conditions capable of establishing delivery of two and seventy-five hundredths (2.75) times the average annual consumption of natural gas by the tariff customers of that natural gas utility for the immediately preceding three (3) calendar years except the commission may establish a lower limit on the amount of gas in storage upon which a natural gas utility can earn a rate of return or the commission may establish a higher limit on the amount of gas in storage upon which a natural gas utility can earn a rate of return if doing so will reduce rates to customers or prevent likely natural gas shortages or enable the utility to meet peaking requirements.

 

(b) Any natural gas held in storage in excess of the limit specified in subsection (a) of this section shall be included in the gas sold to the utility's Wyoming tariff customers in a manner and at rates as determined by the commission. The commission may include in the gas to be sold to the tariff customers gas upon which no rate of return has been received provided that the inclusion is in the public interest and is requested by the utility. To the extent excess gas in storage on which a rate of return has been received is available, at least twenty-five percent (25%) of the gas sold to the tariff customers shall be from that excess storage unless the utility chooses to include a higher percentage. The utility shall be permitted to earn a rate of return on the excess gas in storage until the gas is sold to customers as provided by this subsection.

 

(c) No natural gas may be removed from storage or from the rate base for the purposes of evading the requirements of this article.

 

(d) No natural gas held in storage upon which the utility has earned a rate of return shall be sold outside the Wyoming service territory of the utility except by order of the commission after public hearing.

 

(e) Any payment made pursuant to a take or pay contract for gas not taken due to any provision of this act may not be included in any natural gas tariff approved by the public service commission.

 

(f) For the purposes of this article the public service commission may treat utilities which share storage facilities and are subsidiaries controlled by the same company as a single natural gas utility.

 

(g) No provision of this bill shall be implemented unless the public service commission determines that such implementation will not cause increased rates for Wyoming consumers resulting from adverse federal income tax consequences.

 

(h) No provision of this article shall be implemented unless the public service commission determines that the resulting tariff rates will be lower and more in the public interest than the tariff rates which the commission may put into effect through commission action on any pending application before the commission addressing natural gas storage.

 

37-3-202. Commission duty to enforce.

 

 

(a) The public service commission shall:

 

(i) Review the quantities of gas stored by natural gas utilities and included in the rate base of those utilities; and

 

(ii) Bring those utilities into compliance with W.S. 37-3-201.

 

37-3-203. Appeals from commission orders; refunds if orders upheld; utility duties.

 

 

(a) If any natural gas utility contests or appeals any public service commission order pursuant to this article and the order is suspended pending the prosecution of the appeal and the order is upheld in whole or in part:

 

(i) A refund if practical shall be paid to each customer who received gas service from the original proposed effective date of the order;

 

(ii) The refund shall be equal to the difference between the price of gas actually charged and the price that would have been charged under the order;

 

(iii) The utility shall keep accurate, detailed records of which customers are entitled to refunds; and

 

(iv) The refund shall be made no later than thirty (30) days after a final judgment upholding the public service commission order. Refunds shall be made pursuant to public service commission order.

 

37-3-204. Rates; sales of stored gas.

 

 

(a) When natural gas stored by a utility is sold to a person other than a customer of the utility whose rates are set by tariffs on file with and approved by the public service commission:

 

(i) The commission shall order the utility to reduce its rates to its tariff customers in a total amount equal to the difference between:

 

(A) The sales price of the gas or the utility's average purchase price of natural gas for the preceding year of the natural gas sold as of the date of sale, whichever the commission determines is in the public interest; and

 

(B) The inventory valuation of the natural gas sold.

 

(ii) This subsection only applies to natural gas stored by a utility upon which the utility was previously allowed to earn a rate of return.

 

37-3-205. Prohibition against recovery of cost of stored gas.

 

A natural gas utility shall not be permitted to recover from its customers any cost related to any natural gas in storage upon which the utility was not permitted by the public service commission to earn a rate of return.

 

ARTICLE 3 - HIGH VOLTAGE LINE SAFETY

 

37-3-301. Short title.

 

This act shall be known and may be cited as the "Wyoming High Voltage Power Lines and Safety Restrictions Act."

 

37-3-302. Definitions.

 

 

(a) As used in this act:

 

(i) "Authorized person" means:

 

(A) An employee of a public utility which produces, transmits or delivers electricity;

 

(B) An employee of a public utility which provides and whose work relates to communication services or state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a public utility;

 

(C) An employee of an industrial plant whose work relates to the electrical system of the industrial plant;

 

(D) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments; or

 

(E) An employee or agent of state, county or municipal agencies which have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type.

 

(ii) "High voltage" means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground;

 

(iii) "Overhead line" means all bare or insulated electrical conductors installed above ground;

 

(iv) "Person" or "business entity" means those parties who contract to perform any function or activity upon any land, building, highway or other premises, excluding those parties providing emergency services including emergency rescue operations and fire protection services;

 

(v) "Public utility" means a public utility as defined in W.S. 37-1-101(a)(vi) which owns or operates a high voltage overhead line;

 

(vi) "This act" means W.S. 37-3-301 through 37-3-306.

 

37-3-303. Activity near overhead line; safety restrictions.

 

 

(a) Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided by W.S. 37-3-304 a person or business entity, individually or through an agent or employee or as an agent or employee, shall not:

 

(i) Require any other person to perform any act if at any time during the performance of the act it is possible that the actor could move or be moved closer to any high voltage overhead line or if it is possible that any part of any tool or material used by the actor could be moved closer to any high voltage overhead line during the performance of the act than the following clearances:

 

(A) For lines rated fifty (50) kilovolts or less, six (6) feet of clearance;

 

(B) For lines rated over fifty (50) kilovolts, six (6) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.

 

(ii) Operate any mechanical equipment or hoisting equipment or any load of equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead line than the following clearances:

 

(A) For lines rated fifty (50) kilovolts or less, ten (10) feet of clearance;

 

(B) For lines rated over fifty (50) kilovolts, ten (10) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.

 

37-3-304. Activity in close proximity to lines; clearance arrangements; procedure; payment; notice.

 

 

(a) If any person or business entity desires to temporarily carry on any act in closer proximity to any high voltage overhead line than permitted by this act, the person or business entity responsible for performing the work shall promptly notify the appropriate public utility and shall ask the public utility for assistance. An agent or employee of the public utility shall prepare and sign a memorandum stating the public utility received a request for assistance. The person or business entity may perform the work only after developing satisfactory safety arrangements, including coordination of work and construction schedules, with the public utility. Arrangements may include placing temporary mechanical barriers to prevent contact between material, equipment or persons and the high voltage overhead lines or temporary shut down and grounding or temporary relocation or raising of the high voltage overhead lines.

 

(b) Except where the public utility has installed lines within ten (10) feet of an existing fixture or structure the person or business entity responsible for performing the work in the vicinity of the high voltage overhead lines shall pay the public utility's actual expenses in providing safety arrangements. The public utility is not required to begin the safety arrangements until a written agreement for payment has been made.

 

(c) The public utility shall begin the safety arrangements according to the agreement signed pursuant to subsections (a) and (b) of this section.

 

37-3-305. Indemnification.

 

If a violation of this act results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this act is liable to the public utility for all damages to the facilities and all costs and expenses, including damages to third parties, incurred by the public utility as a result of the contact.

 

37-3-306. Exemptions.

 

 

(a) This act shall not apply to:

 

(i) Construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems;

 

(ii) Any person lawfully occupying the land on which the high voltage overhead line is located and engaging in the regular and ordinary functions and activities of farming, ranching or other agricultural functions and activities.