Wyoming Statutes

Wyo. Stat. § 37-3-101 (2026)

Rates to be just, reasonable and uniform;

✓ current as of May 2026

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exceptions.

All rates shall be just and reasonable, and all unjust and
unreasonable rates are prohibited. A rate shall not be
considered unjust or unreasonable on the basis that it is
innovative in form or in substance, that it takes into
consideration competitive marketplace elements or that it
provides for incentives to a public utility. Except as otherwise
provided in W.S. 15-7-407, no public utility shall in any manner
charge, demand, collect or receive from any person greater or
less or different compensation for any service rendered or to be
rendered by the public utility than is charged, demanded,
collected or received by the public utility from any other
person for a like and contemporaneous service under similar
circumstances and conditions. The commission may determine that
rates for the same service may vary depending on cost, the
competitive marketplace, the need for universally available and
affordable service, the need for contribution to the joint and
common costs of the public utility, volume and other discounts,
and other reasonable business practices. Nothing in this title
shall prohibit any public utility from furnishing free or
reduced rate service to its current or pensioned employees and
dependent family members under rates approved by the commission.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1979–2024 · leading case: Mountain Fuel Supply Co. v. Pub. Serv. Comm'n of Wyoming, 662 P.2d 878 (Wyo. 1983).

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Mountain Fuel Supply Co. v. Pub. Serv. Comm'n of Wyoming, 662 P.2d 878 (Wyo. 1983). · cites it 6× “Does the Commission’s order comport with the ‘just and reasonable’ standard for setting utility rates as required by Wyoming Statutes § 37-3-101? “3. Does the Commission’s order violate the proscription of confiscation of property set forth in the Wyoming and United States…”

McCulloch Gas Transmission Co. v. Pub. Serv. Comm'n, 627 P.2d 173 (Wyo. 1981). · cites it 6× “At that time, the PSC's staff opposed the reasonableness of the rate increase under § 37-3-101, W.S. 1977: [2] "All rates shall be just and reasonable, and all unjust and unreasonable rates are prohibited.”

N. Gas Co. v. Town of Sinclair, 592 P.2d 1138 (Wyo. 1979). · cites it 4× “Section 37-3-101, W.S. 1977, et seq. I believe it to be with consideration of such that the trial court found the ordinance to be a taxing device misplaced as the consideration may have been.”

N. Utils., Inc. v. Pub. Serv. Comm'n, 617 P.2d 1079 (Wyo. 1980). · cites it 2× “Such rates must be "just and reasonable," § 37-3-101, W.S. 1977. A change in rates can be made by filing with the PSC the "application or tariff" containing the new rates, § 37-3106(c), W.”

Great W. Sugar Co. v. Johnson, 624 P.2d 1184 (Wyo. 1981). · cites it 3× “37— 2-121, W.S. 37-3-101, and W.S. 37-3-104? “2. Are the natural gas rates as approved by the Public Service Commission [PSC] confiscatory and a violation of due process and equal protection under Article I, Section 2, Article I, Section 6, Article I, Section 34 of the Wyoming…”

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× “Rates shall be “just and reasonable,” Wyo. Stat. Ann. § 37-3-101 (LexisNexis 2016), and the PSC is empowered to determine whether rates meet this requirement.”

Montana Dakota Utils. Co. v. Pub. Serv. Comm'n, 847 P.2d 978 (Wyo. 1993). · cites it 2× “1 A public utility may not *988 charge a rate different from the rate properly filed and authorized for that utility for a particular type of service.”

Mountain States Tel. & Tel. Co. v. Pub. Serv. Comm'n, 698 P.2d 627 (Wyo. 1985). · cites it 4× “’ Section 37-3-101, W.S.1977 (Cum.Supp. 1982).”

Spence v. Smyth, 686 P.2d 597 (Wyo. 1984). · cites it 2× “Only "just and reasonable" rates may be approved, § 37-3-101, W.S. 1977, 1984 Cum.Supp., and the utility bears the burden of establishing the propriety of its proposed rate increase: *602 "(a) At any hearing as provided in this act involving an increase in rates or charges…”

Tri-State Generation & Transmission Ass'n v. Wyoming Pub. Serv. Comm'n, 784 P.2d 627 (Wyo. 1989). “” W.S. 37-3-101. In determining what rates are just and reasonable, the PSC may take into consideration depreciation of plant, obsolescence of equipment, expense of operation, physical and other values of the plant, system, business and properties of the public utility whose…”

Powder River Basin Resource Council & the Wyoming Outdoor Council v. Wyoming Pub. Serv. Comm'n & High Plains Power, 2024 WY 94 (Wyo. 2024). · cites it 3× “[¶29] Even if we were to ignore the PSC’s lack of authority, the amount a utility must pay to a customer-generator for excess monthly generation is not a “rate” subject to the PSC’s ratemaking authority.”

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