Tri-County Electric Ass'n, Inc. v. City of Gillette

525 P.2d 3, 1974 Wyo. LEXIS 226, 1974 WL 333480
CourtWyoming Supreme Court
DecidedJuly 29, 1974
Docket4329
StatusPublished
Cited by44 cases

This text of 525 P.2d 3 (Tri-County Electric Ass'n, Inc. v. City of Gillette) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tri-County Electric Ass'n, Inc. v. City of Gillette, 525 P.2d 3, 1974 Wyo. LEXIS 226, 1974 WL 333480 (Wyo. 1974).

Opinion

Mr. Justice GUTHRIE

delivered the opinion of the court.

This is an appeal from a decision of the district court reversing an order of the Wyoming Public Service Commission. For brevity Tri-County Electric Association, Inc., will be described as Tri-County; the City of Gillette will be described as the city; and the Wyoming Public Service Commission will be described as the commission.

.On May 5, 1960, the city and Tri-County entered into an agreement which provided for the purchase of certain facilities and equipment which were exchanged by the parties in areas where they were to continue service and it was generally agreed that the city should service those areas which “are by nature a part of the municipality” and that Tri-County should service the rural area surrounding the city service area. *5 The parties at that time agreed as to the mutual service areas and the agreement further provided it was subject to the approval and authorization of the commission.

On August 15, 1960, the commission upon application by the city approved the agreement and issued a certificate of public convenience and necessity to Tri-County, covering the area of the so-called Pioneer Addition, which is the area in controversy here.

On June 17, 1969, the city passed an ordinance extending its limits to include Pioneer Addition on the northwest side of the city. On June 9, 1970, the city passed an ordinance defining the boundaries of the city which encompassed all prior- annexations. On July 10, 1970, the city passed an ordinance forbidding any person or corporation to construct any electric lines within the limits of the City of Gillette as it then existed or might hereinafter be enlarged. 'There was at that time no electric service being provided by either of these parties in the Pioneer Addition. On June 16, 1970, the city declined to grant Tri-County a franchise or easement in this area on the ground the city had preempted the field of electrical service. Thereafter Tri-County erected electric lines to serve people residing in Pioneer Addition, which is within the extended corporate limits of the city, and commenced service to them. This service was supplied upon demand and request of those residents of Pioneer Addition. 1 The record does suggest application had been made to the city by at least one applicant and it failed to supply such service.

On July 23 the city filed with the commission an application to amend its certificate of public convenience and necessity in order to supply electrical service to inhabitants of Pioneer Addition and further requested that this area be deleted from the certificated territories of Tri-County. After the hearing thereon the commission entered the following order:

FINDINGS OF FACT
“2. Tri County is an operating public utility under Section 37-1 whose certificated area includes the area certificated to it by us in and around the City.
“3. The areas more recently annexed by the City and which are also within Tri County’s certificated service area from which it requests we unilaterally order Tri County to withdraw are:
“(a) the area comprising the northeastern part of the City in which there is no electric service at present.
“(b) the Pioneer addition in the northwest corner of the City served by Tri County.
“(c) the area south of the City adjacent to U. S. Highway 90 in which the City has extended service.
“(d) the City-owned tract of land located approximately one and one-half miles southeast of the City wherein the City proposes to construct its sewage disposal plant.
“4. The City’s service area outside the city limits remaining under our jurisdiction is not in the evidence of this case. “5. The facts of this case are different in important respects from those of any cases concerning territorial controversies decided by the commission and those appealed to the Wyoming Supreme Court, *6 as those cases involved jurisdictional service where the commission could balance the effect on each involved utility, where necessary by exchange of customers, territory, and facilities.
“6. In this case we do not have the utility area, service, and rate control necessary to make certificated area adjustments in the public interest pursuant to existing law, the court decisions and our established policies.
“7. Since Tri County is providing adequate service under reasonable rates and its users in the controverted areas request continuation of its service, there was no utility basis presented supporting requiring it to discontinue service therein.
“8. The parties should work now and in the future to avoid duplicating electric service which results in haphazard, unstable, wasteful and expensive service, the burdens and detriments of which must be borne by the public.
“9. The proposed extension of service by the City to its proposed sewage disposal plant is exempted from our regulation under the provisions of Section 37-1.
“CONCLUSIONS OF LAW
“1. We have jurisdiction under the evidence of this case over the utility operations and certificated area of Tri County.
“2. At the time of our order in Docket No. 9390 dated August 15, 1960, we had jurisdiction over both Tri County and the City; and the certificates granted therein are in effect.
“3. Wyoming law provides that a utility serve adequately, safely and efficiently.
“4. A utility cannot be required by us to discontinue its utility service unless there is a showing its service is inadequate and deficient.
“5. Wyoming law requires us to ascertain that the executed agreements to which a utility is a party meet the public interest.
“6. We do not have jurisdiction over furnishing of service by a person to himself as the same is exempted by subsection (h) of Section 37-1.
“7. We do not have jurisdiction over municipally owned and operated utilities within the city limits.
“8. All required notices have been given and public hearing held.”

The city then filed its petition for review and injunctive relief and the matter was heard in the district court upon the record, and the following judgment was entered:

“This matter having come on for hearing on July 30, 1973, in Gillette, Wyoming, upon the Petition for Review and for Injunctive Relief filed herein by the petitioner, the petitioner appearing by William G.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cundy v. RANGE TELEPHONE COOPERATIVE, INC.
2005 WY 153 (Wyoming Supreme Court, 2005)
Ahlenius v. WYOMING BOARD OF PROFESSIONAL GEOLOGISTS
2 P.3d 1058 (Wyoming Supreme Court, 2000)
Parodi v. Wyoming Department of Transportation
947 P.2d 1294 (Wyoming Supreme Court, 1997)
Tri County Telephone Ass'n v. Wyoming Public Service Commission
910 P.2d 1359 (Wyoming Supreme Court, 1996)
Neal v. Caballo Rojo, Inc.
899 P.2d 56 (Wyoming Supreme Court, 1995)
Montana Dakota Utilities Co. v. Public Service Commission
847 P.2d 978 (Wyoming Supreme Court, 1993)
Knight v. Environmental Quality Council
805 P.2d 268 (Wyoming Supreme Court, 1991)
Jackson v. STATE EX REL. WORKERS'COMP.
786 P.2d 874 (Wyoming Supreme Court, 1990)
Gerstell v. State Ex Rel. Department of Revenue & Taxation
769 P.2d 389 (Wyoming Supreme Court, 1989)
Rosenberger v. City of Casper Board of Adjustment
765 P.2d 367 (Wyoming Supreme Court, 1988)
In Re the Contempt Order Issued by Ranck
765 P.2d 933 (Wyoming Supreme Court, 1988)
White v. Exeter Drilling Co.
731 P.2d 1193 (Wyoming Supreme Court, 1987)
City of Evanston v. Griffith
715 P.2d 1381 (Wyoming Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
525 P.2d 3, 1974 Wyo. LEXIS 226, 1974 WL 333480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tri-county-electric-assn-inc-v-city-of-gillette-wyo-1974.