§ 37-2-205.1 — Nonsitus certificate of public convenience and necessity

Wyoming § 37-2-205.1

• Jurisdiction: Wyoming
• Title 37: Public Utilities
• Ch. 2: PUBLIC SERVICE COMMISSION
• Art. 2: REPORTS, INVESTIGATIONS AND HEARINGS

Text

(a) Subject to subsection (b) of this section and unless
otherwise waived by the commission, no public utility shall
begin construction or complete the purchase of a line or plant,
or of any extension of a line or material addition to a plant,
outside the state of Wyoming without having first obtained from
the commission a nonsitus certificate of public convenience and
necessity determining that the present or future need for the
nonsitus resource is prudent and in the public interest.
(b) A certificate shall only be required under this
section if:
(i) The nonsitus resource is intended by the public
utility to be a capital investment in a plant on which return is
earned in Wyoming; and
(ii) The capital investment in the nonsitus resource
exceeds one percent (1%) of the total capital investment in the
plant on which return is earned, that is assigned or allocated
to Wyoming customers, based on the public utility's most recent
general rate case determination.
(c) No public utility shall include a capital investment
in a nonsitus resource in rates charged to Wyoming customers
without having first obtained from the commission a nonsitus
certificate of public convenience and necessity pursuant to this
section.
(d) Unless otherwise determined by the commission,
issuance of a nonsitus certificate of public convenience and
necessity shall not confer the right to recover a specific
amount of the costs of the nonsitus resource in rates charged to
Wyoming customers. Actual costs of the capital investment may
be considered by the commission in a separate rate case
determination.
(e) As used in this section:
(i) "Nonsitus resource" means construction or
complete the purchase of a line or plant, or of any extension of
a line or material addition to a plant, outside the state of
Wyoming;
(ii) "Public utility" shall not include any
cooperative electric utility as defined in W.S. 37-17-101(a)(i)
that is exempt from public service commission retail rate
regulation.