The Commission is seeking comments and will hold a technical conference on Thursday, February 16, 2023, at 10:00 a.m. in the Commission’s Hearing Room at the Hansen Building, 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming, to discuss the revision of Commission Rules, Chapter 3 to establish a process by which specific arrangements to generate electricity for one or more commercial and industrial customers may be determined to be other than to or for the public and therefore exempt from requirements applicable to public utilities.

The Commission is considering engaging in a rulemaking intended to address uncertainty related to the meaning of “to or for the public” in 37-1-101(a)(vi)(C), to provide a process by which assurance could be provided to a non-utility generator seeking to provide power to a customer or limited set of customers, without requiring a Certificate of Public Convenience and Necessity otherwise required of a “public utility.” The following draft rule is provided for discussion and comment.

Determination of Status of Non-Utility Generation and Provision of Electric Power Any person not previously issued a certificate of public convenience and necessity to provide electric service, proposing to generate electricity and sell or otherwise provide such electricity to another shall, before doing so, file an application for a finding by the Commission that the specific proposed activity would not constitute the provision of utility service.

(a) Applications under this subsection shall include:

(i) A description of the proposed generator and the consumer(s) of power generated.

(ii) A description of any facilities proposed to be used to generate electricity for consumption by another.

(iii) A description of any associated transmission and distribution facilities.

(iv) A description of any existing relationship(s) with public utilities.

(v) A description of the proposed generator’s intended disposition of any excess generation.

The Commission welcomes all comments and suggestions on these proposed rule revisions. Written comments must be received by the Commission no later than the close of business on February 15, 2023, and should be submitted to or mailed to the Commission at 2515 Warren Ave, Suite 300, Cheyenne, WY 82002.

Interested persons are encouraged to participate in this Technical Conference will be conducted in accordance with the Wyoming Administrative Procedure Act, Commission Rules. Interested persons may appear and be heard, in person, by video or telephone conference, or through counsel appearing in person or by video or telephone conference.

Attend by video conference and actively participate:

Attend by telephone, dial: 1-719-359-4580 (Meeting ID: 837 6145 8240)

Written comments will be made available upon filing at:

If you wish to attend this Technical Conference and require reasonable accommodation for a disability, please contact the Commission at (307) 777-7427 (Voice or TTY) in Cheyenne during regular business hours or write to them at 2515 Warren Avenue, Suite 300, Cheyenne, Wyoming, 82002, to make arrangements. Communications impaired persons may also contact the Commission by accessing Wyoming Relay (TTY) by dialing 711.

Staff Contact: John Burbridge, 307-777-7427 or