§ 37-2-134 — Electric generation facility closures; presumption; commission review

Wyoming § 37-2-134

• Jurisdiction: Wyoming
• Title 37: Public Utilities
• Ch. 2: PUBLIC SERVICE COMMISSION
• Art. 1: IN GENERAL

Text

(a) As used in this section:
(i) "Dispatchable" means as defined in W.S. 37-18-
101(a)(ii) and includes dispatchability;
(ii) "Retirement" or "retired" means the closure of
or the complete and permanent cessation of operations at an
electric generation facility. "Retirement" or "retired" shall
not include:
(A) An electric generation facility that is
closed in order to facilitate a conversion to, or replacement
with, an advanced nuclear reactor that is operated in accordance
with W.S. 35-11-2101;
(B) Any closure mandated by federal law; or
(C) Any closure resulting from federal
environmental requirements to where it is no longer cost
effective for the facility to continue operating.
(iii) "Electric generation facility" means a facility
located in Wyoming that uses coal or natural gas to generate
reliable and dispatchable electricity for provision to
customers;
(iv) "Reliable" means as defined in W.S. 37-18-
101(a)(iv).
(b) Before authorizing or approving the retirement of an
electric generation facility as proposed in a rate case,
integrated resource plan or other submission to the commission,
the commission shall consider the effect on available reliable,
dispatchable electricity to Wyoming customers and the impact
that any shortage of available energy nationwide may have on
Wyoming customers.
(c) There shall be a rebuttable presumption against the
retirement of an electric generation facility. The commission
shall not approve the retirement of an electric generation
facility unless the presumption created by this subsection is
rebutted by evidence deemed sufficient by the commission to
establish that:
(i) Cost savings will result to customers as a result
of the retirement of the electric generation facility;
(ii) The retirement will not result in an
insufficient amount of reliable and dispatchable capacity to
serve Wyoming customers; and
(iii) The retirement will not adversely impact the
dispatchability or reliability of electric service to customers
of the public utility.
(d) The rate recovery limitations of W.S. 37-3-118 shall
apply to a public utility that completes a retirement of an
electric generation facility without rebutting the presumption
specified in this section.
(e) Nothing in this section shall be construed to relieve
a public utility of the requirements to comply with W.S. 37-2-
133 and 37-3-117 before the retirement of an electric generation
facility.