§ 37-2-122 — Matters considered in fixing rates; order changing services or facilities; qualifying facilities contracts

(a) In determining what are just and reasonable rates the
commission may take into consideration availability and
reliability of service, depreciation of plant, technological
obsolescence of equipment, expense of operation, physical and
other values of the plant, system, business and properties of
the public utility whose rates are under consideration. In
determining just and reasonable rates for electricity the
commission shall consider common sets of facts developed
pursuant to W.S. 37-2-114(b)(i) and regional benefits provided
by the utility.
(b) If, upon hearing and investigation, any service or
service regulation of any public utility shall be found by the
commission to be unjustly discriminatory or unduly preferential,
or any service or facility shall be found to be inadequate or
unsafe, or any service regulation shall be found to be unjust or
unreasonable, or any service, facility or service regulation
shall be found otherwise in any respect to be in violation of
any provisions of this act, the commission may prescribe and
order substituted therefor such service, facility or service
regulation, as it shall determine to be adequate and safe, or
just and reasonable, as the case may be and otherwise in
compliance with the provisions of this act, including any
provisions concerning the availability or reliability of
service. It shall be the duty of the public utility to comply
with and conform to such determination and order of the
commission.
(c) In setting rates, the commission shall allow the
inclusion of purchase power cost from a qualifying facility only
to the extent that the cost of energy, capacity or both in the
transaction are determined by the commission to be less than or
equal to the utility's avoided cost, considering the cost of
energy or capacity from all other available generation sources
and the incremental cost of transporting the energy from a
qualifying facility to customer load. This subsection shall not
be interpreted in a manner inconsistent with the requirements of
applicable federal statutes and regulations.
(d) As used in this section:
(i) "Avoided cost" means to the extent that a
distribution cooperative is an all-requirements power supply
customer of a generation and transmission cooperative or other
wholesale power supplier, the distribution cooperative's avoided
costs are the generation and transmission cooperative's or
wholesale power supplier's avoided cost;
(ii) "Qualifying facility" means a facility that
meets the qualification standards used in federal regulations
promulgated under the federal Public Utility Regulatory Policies
Act.
(e) The commission may, in all matters relating to plans,
proposals or applications for authority to construct or retire
major facilities having any immediate or potential effect on
rates charged to customers or to recover through rates any cost
thereof, consider reliability and cost externalities incurred by
the state of Wyoming, including but not limited to economic and
employment impacts.