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H.B. No. 0205 |
Rate regulation of cooperative utilities. |
Sponsored By: Representative(s) Samuelson, Berger, Diercks and Walsh and Senator(s) Anderson, J., Jennings, Meier, Peterson and Vasey
AN ACT relating to public utilities; creating an exemption to public service commission retail rate regulation for cooperative electric utilities; providing procedures for the exemption, rate adoption, complaints and return to commission regulation; and providing for an effective date.
1/12/2007 Bill Number Assigned
1/15/2007 H Received for Introduction
1/16/2007 H Introduced and Referred to H09
2/2/2007 H09 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brechtel, Edmonds, Esquibel, F., Harvey, Meyer, Quarberg and Steward
Nays: Representative(s) Hammons and Lockhart
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
2/2/2007 H Placed on General File
Page 2-line 17 Delete "." insert ";".
Page 2-After line 17 Insert:
"(iv) "Retail rates" means the monthly facilities charge and the rates charged for individually metered kilowatt or kilowatt hours delivered to every member owner of the cooperative.".
Page 4-line 19 After "rate" insert "adjustment".
Page 6-lines 16 through 23 Delete entirely and insert:
"(b) A vote on returning to rate regulation shall take place only during a cooperative electric utility's annual meeting or by mail ballots returned prior to and counted at the annual meeting. Notification of a vote on the resolution shall be provided to the member owners at least thirty (30) days prior to the annual meeting.
(c) Upon an affirmative vote of a majority of the member owners voting on the resolution in person or by mail ballot, the election results shall be filed with the commission. On the date of filing, the cooperative shall return to retail rate regulation by the commission.".
Page 7-lines 1 and 2 Delete entirely. LOCKHART, CHAIRMAN
2/5/2007 H Passed CoW
2/6/2007 H Passed 2nd Reading
2/7/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lubnau, Madden, Martin, Mercer, Meyer, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Gilmore, Lockhart, McOmie and Miller
Ayes 56 Nays 4 Excused 0 Absent 0 Conflicts 0
2/9/2007 S Received for Introduction
2/12/2007 S Introduced and Referred to S09
2/20/2007 S09 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Cooper, Fecht, Larson and Vasey
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/20/2007 S Placed on General File
HB0205SW001/ADOPTED (TO ENGROSSED COPY)
Page 5-line 9 After "complaint." insert "On request by a member owner, for the exclusive purpose of preparing a complaint pursuant to this subsection, and in compliance with the cooperative's by-laws, the cooperative electric utility shall provide a list to the member owner which includes the names and contact information of all member owners included in the rate class of the requesting member owner.". FECHT
HB0205SW002/FAILED (TO ENGROSSED COPY)
Page 7-after line 9 Insert:
"(d) The public service commission may upon its own motion, or in response to a motion by the office of the consumer advocate or any other person, open a docket and investigate whether it is in the public interest that the cooperative electric utility shall return to retail rate regulation. If the commission determines after notice and hearing that the cooperative electric utility shall return to rate regulation, the cooperative electric utility shall comply with all requirements necessary to return to rate regulation.". CASE
HB0205SW003/FAILED (TO ENGROSSED COPY)
Page 4-line 18 After "rates;" insert "recovery of cost of service;".
Page 5-after line 12 Insert and renumber:
"(d) Rates established by a cooperative electric utility exempt from public service commission retail rate regulation shall recover the cost of service as evidenced by a cost of service study completed within the past thirty-six (36) months and filed with the commission. The commission may waive the requirement that rates recover the cost of service for up to two (2) years upon a showing by the cooperative electric utility that cost based rates would not be in the public interest or that such rates are necessary for transition purposes.".
Page 5-line 14 Delete "(d)" insert "(e)".
Page 5-line 23 Delete "(e)" insert "(f)". CASE
HB0205SW004/FAILED (TO ENGROSSED COPY)
Page 2-after line 17 Insert and renumber:
"(iv) "Open access tariff" means a tariff for the transmission and distribution of energy provided by someone other than the cooperative electric utility;".
Page 2-line 19 Delete "(iv)" insert "(v)".
Page 2-line 24 After "exemption" insert "; open access tariff".
Page 3-after line 10 Insert:
"(c) Any cooperative electric utility exempt from public service commission retail rate regulation shall maintain an open access tariff allowing for the purchase of point to point transmission and distribution service. Customers utilizing point to point transmission and distribution service shall not be required to purchase energy services from the cooperative electric utility. Customers utilizing point to point transmission and distribution services shall be a separate customer class for purposes of W.S. 37‑17‑104.". CASE
2/22/2007 S Passed CoW
HB0205S2001/FAILED (TO ENGROSSED COPY)
Page 7-after line 9 Insert and renumber:
"(d) The public service commission may upon its own motion open a docket and investigate whether it is in the public interest that the cooperative electric utility shall return to retail rate regulation. If the commission determines after notice and hearing that the cooperative electric utility shall return to rate regulation, the cooperative electric utility shall comply with all requirements necessary to return to rate regulation.". CASE
HB0205S2002/FAILED (TO ENGROSSED COPY)
Page 1-line 3 After "utilities;" insert "authorizing certain cooperative electric utility customers to interconnect with alternative energy suppliers as specified;".
Page 3-after line 10 Insert and renumber:
"(c) Any customer of any cooperative electric utility exempt from public service commission retail rate regulation located within ten (10) miles of the boundaries of the certificated territory of the cooperative electric utility may construct transmission and distribution lines to interconnect with alternative suppliers of energy.". CASE, SCOTT, NICHOLAS, ROSS
HB0205S2003/FAILED (TO ENGROSSED COPY)
Page 4-line 18 After "rates;" insert "cost of service studies;".
Page 5-after line 12 Insert and renumber:
"(d) A cooperative electric utility exempt from public service commission retail rate regulation shall maintain on file with the public service commission a cost of service study completed within the past thirty-six (36) months.".
Page 5-line 14 Delete "(d)" insert "(e)".
Page 5-line 23 Delete "(e)" insert "(f)". CASE
2/23/2007 S Passed 2nd Reading
HB0205S3001/FAILED (TO ENGROSSED COPY)
Page 5-line 6 Delete "five percent (5%)" insert "three percent (3%)".
Page 5-line 15 Delete "five" insert "three percent (3%)".
Page 5-line 16 Delete "percent (5%)".
Page 6-line 19 Delete "five percent (5%)" insert "three percent (3%)". ROSS
HB0205S3002.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 6-line 8 After "article." insert "The commission may order the revised rates to include provisions for refunds.". CASE
HB0205S3002.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-line 5 After "regulation;" insert "providing a sunset date;".
Page 1-line 9 Delete "37‑17‑105" insert "37‑17‑106".
Page 6-line 19 After "owners," insert "or ten percent (10%) of the total member owners of any class,".
Page 7-after line 9 Insert and renumber:
"37‑17‑106. Repeal.
W.S. 37‑17‑101 through 37‑17‑106 are repealed effective June 30, 2015.". CASE
HB0205S3003/FAILED (TO ENGROSSED COPY)
Page 6-after line 10 Insert and renumber:
"(f) Any new commercial or industrial customer proposing to locate a new facility within the certificated territory of a cooperative electric utility exempt from public utility rate regulation and who proposes to locate within ten (10) miles of the boundary of a certificated territory may request in writing from the cooperative electric utility a commitment from the utility for pricing and availability of power. The cooperative electric utility shall respond to the request in writing within ten (10) days advising whether it will provide the needed power and at what pricing it will provide the power. In the event that the cooperative electric utility is unwilling to commit to provide the power, or provide the requested power at rates quoted by its adjoining competitor, the customer shall be allowed to purchase power from the competitor. In no event shall the cooperative electric utility be required to allow its competitors to use its wholly owned transmission and distribution lines.". NICHOLAS
2/26/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Johnson, Larson, Meier, Perkins, Peterson, Schiffer, Scott, Townsend, Vasey and Von Flatern
Nays: Senator(s) Case, Job, Massie, Mockler, Nicholas, Ross and Sessions
Excused: Senator(s) Peck
Ayes 22 Nays 7 Excused 1 Absent 0 Conflicts 0
2/27/2007 H Received for Concurrence
2/27/2007 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Lockhart
Excused: Representative(s) Childers
Ayes 58 Nays 1 Excused 1 Absent 0 Conflicts 0
2/27/2007 H Reconsidered Concurrence
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
2/27/2007 H Did Not Concur
ROLL CALL
Nays: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 0 Nays 60 Excused 0 Absent 0 Conflicts 0
2/27/2007 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
2/27/2007 Assigned Number HEA No. 0110
2/28/2007 H Speaker Signed HEA No. 0110
2/28/2007 S President Signed HEA No. 0110
3/1/2007 Governor Signed HEA No. 0110
3/1/2007 Assigned Chapter Number
Chapter No. 0165 Session Laws of Wyoming 2007.