(a) No utility may commence new construction or an expansion of facilities or projects for which notification is required pursuant to section 21(a) until the Commission: - (i) Grants the utility a certificate of public convenience and necessity; or
- (ii) Informs the utility in writing that the proposed facilities or projects do not require a certificate of public convenience and necessity, following the utility's notification that explains in detail why a proposed facility or project is in the ordinary course of business or otherwise exempt. The Commission shall inform the utility within 10 business days following receipt of the utility's notice.
(b) Utilities shall notify the Commission of the following proposed facilities or projects: - (i) For electric utilities, a summary of the proposed modification, construction or re-route for any project associated with any generation plant, substations or switching station 69kV and above or transmission lines 69kV and above that are greater than three miles in length;
- (ii) For gas utilities, a summary of the proposed modification, construction or re-route for any project above 125 pounds per square inch gauge and greater than three miles in length in Class 1 Locations not designated as High Consequence Areas or one mile in length in all other locations;
- (iii) For water utilities, a summary of the proposed modification, construction, diversion or re-route for any project associated with transmission lines, pumping stations, storage facilities or diversion facilities; or
- (iv) For pipeline utilities, a summary of the proposed modification, construction or re-route for any project above 125 pounds per square inch gauge associated with:
- (A) liquid transmission pipelines greater than three miles in length unless they could impact High Consequence Areas, or one mile in length in all other locations; or
- (B) gas transmission pipelines greater than three miles in length in Class 1 Locations not designated as High Consequences Areas or one mile in length in all other locations.
(c) When a utility is required to file an application for a certificate of public convenience and necessity: - (i) The application shall include:
- (A) The name and address of the applicant;
- (B) The type of plant, property or facility proposed to be constructed or acquired;
- (C) A description of the facilities proposed to be constructed or acquired, including preliminary engineering specifications in sufficient detail to properly describe the principal systems and components, and final and complete engineering specifications when they become available;
- (D) The rates, if any, proposed to be charged for the service that will be rendered because of the proposed construction or acquisition;
- (E) The estimated total cost of the proposed construction or acquisition;
- (F) The manner by which the proposed construction or acquisition will be financed;
- (G) Documentation of the financial condition of the applicant;
- (H) The estimated annual operating revenues and expenses that are expected to accrue from the proposed construction or acquisition, including a comparison of the overall effect on the applicant's revenues and expenses; and
- (J) The estimated start and completion dates of the proposed construction or date of acquisition.
- (ii) To operate or construct a major utility facility, the application shall include the following information in addition to the requirements of section (21)(c):
- (A) A description of the proposed site, including the county or counties in which the facility will be located, with a metes and bounds description, and a description of the terrain where the facility will be constructed;
- (B) A geological report of the proposed site, including foundation conditions, groundwater conditions, operating mineral deposits within a one-mile radius and a topographical map showing the area within a five-mile radius;
- (C) A description of and plans for protecting the surrounding scenic, historical, archeological and recreational locations; natural resources; plant and animal life; and land reclamation, including:
- (I) A general description of the devices to be installed at the major utility facility to protect air, water, chemical, biological and thermal qualities;
- (II) The designed and tested effectiveness of such devices; and
- (III) The operational conditions for which the devices were designed and tested.
- (D) A description of any potential safety hazards;
- (E) A description of the real property, fuel and water requirements, including any source of water along which the major utility facility will be constructed or from which it will obtain or return water;
- (F) The acquisition status, source and location of real property, right-of-way, fuel and water requirements;
- (G) The proposed means of transporting fuel and water requirements;
- (H) A description of all mineral rights associated with the facility and plans for addressing any split-estate issues;
- (J) A statement setting forth the need for the facility in meeting present and future demands for service in Wyoming or other states;
- (K) A description of the commodity or service the facility will make available;
- (L) A statement of the facility's effect on the applicant's and other systems' stability and reliability;
- (M) The status of satisfying local, state, Tribal or federal governmental agency requirements. The applicant shall immediately file all agencies' final orders.
(d) When a utility extends service to a contiguous, unserved area as defined in Wyoming Statute § 37-2-205, the utility shall notify the Commission in writing and, if so directed, shall apply for an order conforming the certificated area to the area actually served. At a minimum, the notification shall include: - (i) A map of the extension area;
- (ii) A metes and bounds description;
- (iii) The number and type of customers served; and
- (iv) A description of the facilities deployed.
(e) A utility shall file an application prior to discontinuing, abandoning or otherwise disposing of any utility facility or service currently offered to the public. The application shall provide all studies of past, present and prospective customer use of the utility facility or service. - (i) An application shall not be required:
- (A) To remove individual facilities where a customer has requested service discontinuance; or
- (B) For de minimis sales and dispositions of utility plant or facilities that do not affect a utility's ability to provide safe, adequate and reliable service. De minimis sales and disposition do not include the sale or disposition of distribution facilities, major utility facilities or facilities valued at more than 1% of a utility's Wyoming gross plant in service; or
- (C) For easements and rights-of-way and leases or sale of real property that do not affect a utility's ability to provide safe, adequate and reliable service, provided that such transactions shall be reported to the Commission on the 15th day of January and July each year. The reports shall include an itemized list of all transactions, their value and a description of the disposition of all funds received.
(f) A utility shall file an application prior to selling, transferring by lease or otherwise disposing of a controlling interest in the utility. The application shall include: - (i) The name and address of the utility;
- (iii) The utility's financial condition;
- (iv) The name and financial condition of the purchaser, lessee or assignee;
- (v) A copy of any draft or final agreement detailing the transaction;
- (vi) The effect of the proposed transaction on the ability of the utility to provide service; and
- (vii) The effect the proposed transaction will have on any other utility.
(g) A gas or electric utility shall file an application signed by an authorized person prior to issuing securities or creating liens. - (i) The application shall include:
- (A) Documentation of authorization to issue securities or create debt, including the total amount of securities or debt;
- (B) The purpose of the security issuance or debt;
- (C) Copies of proposed securities or debt document, including any related terms and conditions;
- (D) Copies of financial statements, work papers and financial forms showing the aggregate of the existing and proposed securities or debt and the fair value of the gas or electric utility; and
- (E) Presentation of the utility's debt-to-equity ratio before and after the proposed transaction.
- (ii) Cooperative utilities shall provide their debt-to-asset ratio, operating TIER, debt service coverage ratio, the minimum debt coverage ratios and the amount of long-term debt held by the utility before and after the proposed transaction. If issuing the securities would violate any minimum ratio requirement, the cooperative utility shall provide a letter from the lender acknowledging the cooperative utility will not be in violation of loan covenants with the new securities.
- (iii) Once securities are issued, compliance documents shall be filed with the Commission that detail the final terms and conditions, including a copy of the final executed documents.
(h) Applications for tariff changes: - (i) The proposed tariff sheets shall be posted on the utility's website and in offices and places of business in the territory affected when the proposed change is filed with the Commission. Approved tariff sheets shall be similarly posted for 30 days after their effective date;
- (ii) Proposed tariff sheets shall be filed in clean and legislative formats. Legislative format shall indicate deleted material in strikeout and added material in underline. The version in legislative format shall not be part of the utility's tariff.
023-3 Wyo. Code R. § 3-21