Wyo. Stat. » Wyo. Stat. / Title 37 - Public Utilities / Chapter 2 - PUBLIC SERVICE COMMISSION / Article 1 - IN GENERAL
Wyoming Statutes

Wyo. Stat. § 37-2-121 (2026)

When rate to be changed by commission;

✓ current as of May 2026
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nontraditional rate making.

If upon hearing and investigation, any rate shall be found by
the commission to be inadequate or unremunerative, or to be
unjust, or unreasonable, or unjustly discriminatory, or unduly
preferential or otherwise in any respect in violation of any
provision of this act, the commission, within the time periods
provided under W.S. 37-3-106(c) may fix and order substituted
therefor a rate as it shall determine to be just and reasonable,
and in compliance with the provisions of this act. The rate so
ascertained, determined and fixed by the commission shall be
charged, enforced, collected and observed by the public utility
for the period of time fixed by the commission. The rates may
contain provisions for incentives for improvement of the public
utility's performance or efficiency, lowering of operating
costs, control of expenses or improvement and upgrading or
modernization of its services or facilities. Any public utility
may apply to the commission for its consent to use innovative,
incentive or nontraditional rate making methods. In conducting
any investigation and holding any hearing in response thereto,
the commission may consider and approve proposals which include
any rate, service regulation, rate setting concept, economic
development rate, service concept, nondiscriminatory revenue
sharing or profit-sharing form of regulation and policy,
including policies for the encouragement of the development of
public utility infrastructure, services, facilities or plant
within the state, which can be shown by substantial evidence to
support and be consistent with the public interest. If the
commission approves any form of cost-tracking mechanism pursuant
to this section for a public utility to recover changes in
electric supply costs between rate cases, which costs are in the
complete or partial control of the utility, the mechanism shall
provide for a sharing of those costs between the public utility
and its customers.
Notes of Decisions
Cited in 11 cases, 1979–2016 · leading case: Pub. Serv. Comm'n v. Lower Valley Power & Light, Inc., 608 P.2d 660 (Wyo. 1980).
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Pub. Serv. Comm'n v. Lower Valley Power & Light, Inc., 608 P.2d 660 (Wyo. 1980). · cites it 4× “Section 37-2-121, W.S. 1977. The matters which the commission may consider in determining just and reasonable rates are set out at § 37-2-122, W.”
MGTC, Inc. v. Pub. Serv. Comm'n of Wyoming, 735 P.2d 103 (Wyo. 1987). · cites it 5× “In this case we find express statutory authority for the Commission’s actions in §§ 37-2-121 and 37-1-102, W.S.1977. “If upon hearing and investigation, any rate shall be found by the commission to be inadequate or unremunerative, or to be unjust, or unreasonable, or unjustly…”
PacifiCorp v. Pub. Serv. Com'n of Wyo., 2004 WY 164 (Wyo. 2004). · cites it 4× “Thus, PacifiCorp could only collect the proposed surcharges if it could present them in terms of a nontraditional rate mechanism that is just, reasonable and consistent with the public interest: § 37-2-121. When rate to be changed by commission; nontraditional rate making.”
Pac. Power & Light Co. v. Pub. Serv. Comm'n, 677 P.2d 799 (Wyo. 1984). · cites it 4× “Section 37-2-121, W.S. 1977, empowers the commission to act when it determines a rate to be "inadequate or unremunerative, or to be unjust, or unreasonable, or unjustly discriminatory, or unduly preferential" and it may "fix * * * such rate as it shall determine to be just and…”
K N Energy, Inc. v. City of Casper, 755 P.2d 207 (Wyo. 1988). · cites it 2× “a franchise for the supply of natural gas under subparagraph (a)(xxxiii)(C) of this section, the public service commission may require that the distribution of gas in surrounding unincorporated areas also be made subject to the terms of the same franchise; (ix) If a distribution…”
Great W. Sugar Co. v. Johnson, 624 P.2d 1184 (Wyo. 1981). · cites it 3× “” Section 37-2-121, W.S.1977 provides: “If upon hearing and investigation, any rate shall be found by the commission to be inadequate or unremunerative, or to be unjust, or unreasonable, or unjustly discriminatory, or unduly preferential or otherwise in any respect in violation…”
City of Torrington, a Wyoming Mun. Corp. v. Leroy P. Smith, Z & W Mill Inc., Russell Zimmer, Torrington Conservative Citizens, a Wyoming Corp., & Wyoming Pub. Serv. Comm'n, 2016 WY 126 (Wyo. 2016). · cites it 2× “See Wyo. Stat. Ann. § 37-2-121 (LexisNexis 2016).”
N. Gas Co. v. Town of Sinclair, 592 P.2d 1138 (Wyo. 1979). · cites it 2× “After referring to extensive case law on the subject, the Commission found that it had such authority and stated: "We are endowed with authority to fix just and reasonable rates for public utilities and, in the rate making process, we have authority to consider their operating…”
Union Tel. Co. v. Wyoming Pub. Serv. Comm'n, 821 P.2d 550 (Wyo. 1991). · cites it 2× “Section 37-2-121, W.S. 1977 (Dec. 1977 Repl.”
U S West Commc'ns, Inc. v. Wyoming Pub. Serv. Comm'n, 958 P.2d 376 (Wyo. 1998). · cites it 4× “" The legislative authorization to set rates for such service was found in Wyo. Stat. § 37-2-121 (if any rate is found to be inadequate, the PSC may fix and order substitute rate) and Wyo.”
Montana-Dakota Utils. Co. v. Wyoming Pub. Serv. Comm'n, 746 P.2d 1272 (Wyo. 1987). · cites it 2× “” Section 37-2-121, W.S.1977. “If upon hearing and investigation, any rate shall be found by the commission to be inadequate or unremunerative, or to be unjust, or unreasonable, or unjustly discriminatory, or unduly preferential or otherwise in any respect in violation of any…”
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