Title 37, Title 37 — Public Utilities

Wildfire mitigation plans; recovery of costs. (a) Except as otherwise provided in this section, there shall be a presumption in any civil action that the approved wildfire mitigation plan is a reasonable and prudent preparation for, and mitigation of, wildfire risk. (b) An electr…

Citation. This act shall be known, and may be cited as, the "Transmitting Utility Act."

Definitions. (a) When used in this act, the following words, terms and phrases shall have the meaning prescribed to them in this section: (i) "Transmitting utility" means any corporation or other business entity primarily engaged, pursuant to rights or franchises issued by a stat…

Filing security interests. (a) If filing is required under the Uniform Commercial Code, the proper place to file in order to perfect a security interest in personal property or fixtures of a transmitting utility is in the office of the secretary of state. (b) When the financing s…

Effect on Uniform Commercial Code and other laws. Unless displaced by the specific provisions of this act, the Uniform Commercial Code and other applicable laws remain in full force and effect and supplement the provisions of this act.

Definitions. (a) As used in this article: (i) "Authority" means the Wyoming energy authority created by W.S. 37-5-502; (ii) "Board" means the board of the Wyoming energy authority; (iii) "Bonds" means notes, warrants, bonds, temporary bonds and anticipation notes issued by the au…

Wyoming energy authority. (a) Commencing July 1, 2020, there is created the Wyoming energy authority, which is a body politic and corporate operating as an instrumentality of the state of Wyoming, with authority to adopt an official seal and to sue and be sued. (b) The authority …

Purposes; report. (a) The authority is created to: (i) Diversify and expand the Wyoming economy through improvements in the state's electric and energy transmission infrastructure and facilitate Wyoming's production, development and transmission of energy and associated natural r…

Powers of the authority. (a) The authority may: (i) Employ officers, agents and employees as it deems necessary for the performance of its duties and prescribe the powers and duties and fix the compensation of the officers, agents and employees; (ii) Contract, upon terms as it ma…

Bonds. (a) In addition to the powers otherwise granted to the authority and in order to accomplish its purposes, the authority shall have the power to borrow money and evidence the borrowing in the issuance and sale of bonds or other obligations of the authority, the principal an…

Use of net revenues. (a) The authority, acting alone or in cooperation with any agency of the state of Wyoming, may use and employ any net revenues derived from a system or facility authorized in this article and from any other source, after providing for all costs of maintenance…

Authority not subject to the public service commission. Notwithstanding any other provision of law, the authority and the authority's fees, rates, rental and other charges shall not be subject to the supervision, regulation, control or jurisdiction of the public service commissio…

Subpoena. (a) For the purpose of any investigation or proceeding under this article, the authority or any officer it designates may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, corre…

Confidential information. All information obtained by the authority in connection with any hearing or investigation under this article that contains or that might reveal proprietary data shall be considered as confidential for the purposes of this article. The authority shall not…

Applicability. The definitions in W.S. 37-5-501 shall apply to this article.

Authority revenue bonds; issuance; amount. (a) Repealed by Laws 2020, ch. 49, § 2. (b) The authority may issue and have outstanding bonds to finance energy transmission facilities and related infrastructure, pipeline and other transportation and distribution projects consistent w…

Authority revenue bonds; security; payments after retirement. (a) The principal and interest on any bonds that the authority issues shall be secured by a pledge of revenues from the operation of the pipeline or other transportation or distribution system or energy transmission pr…

Exemptions from taxation. The exercise of the powers granted by this article constitutes the performance of an essential governmental function. Any bonds issued under this article and the income therefrom shall be free from taxation of every kind by the state, municipalities and …

Bonds as legal investments. The bonds of the authority are legal investments that may be used as collateral for public funds of the state, insurance companies, banks, savings and loan associations, investment companies, trustees and other fiduciaries that may properly and legally…

State pledge not to impair bondholder's rights and remedies. The state pledges to the holders of any bonds issued under this article that the state will not limit or alter the rights vested in the authority to fulfill the terms of agreements made with the holders, or in any way i…

Powers; duties; limitations. (a) The authority has the powers granted by W.S. 37-5-501 through 37-5-509 as necessary to carry out the purposes of this article, including the power to hire technical consultants, financial advisors and legal advisors and specifically including the …

Right to issue securities and create liens subject to control of commission; purposes enumerated. The right of every gas corporation and of every electrical corporation operating as a public utility in the state of Wyoming to issue, assume or guarantee securities and to create li…

Application for authorization regarding securities; approval or disapproval. Such public utility shall, by written petition, filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, a…

Securities which may be issued without approval; not to be refunded by stock without approval; securities exempted from chapter. (a) Such public utility may issue such securities other than stock or stock certificates, payable at periods of not more than eighteen (18) months afte…

Disposal of applications. All applications for the issuance, assumption or guarantee of securities shall be disposed of promptly, and within thirty (30) days after petition is filed with the commission unless it is necessary, for good cause, to continue same for a longer period. …

State not obligated to pay or guarantee securities. No provision of this act, or any act or deed done or performed in connection therewith shall be construed to obligate the state of Wyoming to pay or guarantee in any manner whatsoever any security authorized, issued, assumed or …

Unapproved securities void; exception. All securities issued, assumed or guaranteed without application to or approval of the commission, provided herein, except the securities mentioned in W.S. 37-6-103, shall be void.

Identification of certificates. The commission shall provide by serial number or other device to be placed on the face thereof, for the proper and easy identification of such stock, stock certificates, bonds, notes and other evidence of indebtedness as may be issued by a public u…

Formation; petition for organization. (a) Whenever a majority of the freeholders on lands and entrymen upon public lands in any district who shall represent at least one-third of the area of lands within said district which desire to provide for the purchase of electric power for…

Lands need not be contiguous; benefits to exceed damages and costs; must be cheaper as single district. The lands proposed to be included in any power district need not be contiguous, provided that the benefits of the proposed work in each part will exceed the damages from and co…

Time and place of hearing on petition; notice. On such petition being filed the court or judge thereof shall make an order fixing the time and place of the hearing thereon and ordering notice; thereupon the clerk of said county, for the county in which the proceedings are institu…

Contests and objections at hearing; notices of contest or objection; court to hear and determine issues. (a) On the day fixed for hearing on such petitions all persons owning or entitled to the possession of lands, or any interest or easement in land, within said proposed distric…

Nonresident landowners to be specified on affidavit with petition; notice by mail; personal service to establish jurisdiction. If any of the persons owning or entitled to possession of land in said district are nonresidents of the county or counties in which the proposed district…

Affidavit of signers evidence of facts therein. The affidavit of any three (3) or more of the signers of said petition stating that they have examined it and are acquainted with the locality of said district and that said petition is signed by a sufficient number of corporations …

Transfer of lands to establish or defeat petition; filing of petition lis pendens against lands therein. All deeds made for the purpose of establishing or defeating the prayer of said petition, and not made in good faith and for a valuable consideration, shall be taken and held t…

Petition dismissed for improper signatures; costs; court to include or exclude lands from district. If the court or presiding judge thereof, after hearing any and all competent evidence that may be offered for and against the said petition, shall find that the same has not been s…

Order of court upon decision for petitioners; appointment of commissioners; findings and orders final unless appealed. (a) If the issues at this hearing are decided in favor of the petitioners, the court shall make an order: (i) Approving and confirming the petition; (ii) Definin…

Oath and bond of commissioners; quorum; majority rule; term of office. Before entering upon their duties, such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of Wyoming, to faithfully and impartial…

Records of commissioners; annual statement; compensation and expenses; suit upon bonds. The commissioners shall keep an accurate record of all moneys collected on account of the work under their charge and of all payments made by them and shall take vouchers of such payments and …

Commissioners to constitute corporate authority; organization; powers of board. The commissioners appointed as aforesaid and their successors in office shall, from the entry of such order of confirmation constitute the corporate authority of said power district, and shall exercis…

Duties of commissioners as to proposed work; report to court. (a) As soon as may be after the organization of said district or within such time as the court may direct, said commissioners shall proceed to have all necessary surveys made and shall lay out said proposed work making…

Notice and hearing on report of commissioners. Upon the filing of said report, the court or judge thereof shall make and enter an order fixing the time and place when and where all persons interested may appear and remonstrate against the confirmation thereof, and the clerk of sa…

Notice when lands situate in more than one county. In case the lands are situated in more than one county the notice published in the county wherein the court having jurisdiction is situated shall contain a description of all the lands in said proposed district [with] the damages…

Modification of report by order of court. If the court finds that the report requires modification, the same may by order of the court be referred back to the commissioners, who may be required to modify it in any respect.

Order of confirmation of report or modified report; effect of confirmation; appeal. If there be no remonstrance, or if the finding be in favor of the validity of the proceedings, or after the report shall have been modified to conform to the findings, the court shall confirm the …

Petitions regarding orders of confirmation; supplemental report from commissioners. Said order of confirmation may, at the same or at any subsequent term of said court be revised, modified or changed, in whole or in part, on petition of the commissioners, after such notice as the…

Assessment for construction; time of payment; interest. At the time of the confirmation of such assessments, it shall be competent for the court to order the assessment for construction to be paid in not more than twenty (20) installments, of such amounts and at such times as wil…

Assessments due at same time as taxes; budget to be filed and approved by court; expenditures in excess of budget; unauthorized debts void. (a) Assessments to meet expenses of any current year of any district shall become due, payable and delinquent at such time or times each yea…

Preparation of assessment roll; assessments based on county assessments; commissioners to verify; levy of assessments; assessments to extend to tax roll. It shall be the duty of the commissioners of each power district on or before the third Monday in July in each year to prepare…

County treasurer to collect taxes; interest coupons or bonds of district authorized for payment of district bond taxes; duty of county commissioners as to unpaid taxes. It shall be the duty of the county treasurer of each county in which any power district is located in whole or …