Wyoming Statutes

Wyo. Stat. § 37-3-106 (2026)

Temporary suspension of rates; burden of proof;

✓ current as of May 2026

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notice of rate changes; bonding; refunding of amounts collected
in excess of final rates.

     (a) At any hearing as provided in this act involving an
increase in rates or charges sought by a public utility, the
burden of proof to show that the increased rate or charge is
just and reasonable shall be upon the utility.

     (b) Unless the commission otherwise orders, no public
utility shall make any change in any rate which has been duly
established except after thirty (30) days notice to the
commission, which notice shall plainly state the changes
proposed to be made in the rates then in force, and the time
when the changed rates will go into effect. The utility shall
also give such notice of the proposed changes to other
interested persons as the commission in its discretion may
direct. All proposed changes shall be shown by filing new
tariffs which shall be kept open to public inspection. When the
commission establishes any rate which is innovative in form or
substance, takes into consideration competitive marketplace
elements or provides for incentives to a public utility, the
rate may contain any provision for subsequent notice or the
absence thereof which is supported by the public interest.

     (c) Whenever there is filed with the commission by any
public utility any application or tariff proposing a new rate or
rates, the commission may, either upon complaint or upon its own
initiative, initiate an investigation, hearing, or both,
concerning the lawfulness of such rate or rates. Pending its
decision thereon, the commission may suspend such rate or rates,
before they become effective but not for a longer initial period
than six (6) months beyond the time when such rate or rates
would otherwise go into effect. If the commission shall
thereafter find that a longer time will be required, the
commission may extend the period of suspension for an additional
period or periods not exceeding in the aggregate, three (3)
months.

     (d) The public utility may file an application requesting,
and the commission may order such suspended rate or rates or any
portion thereof to be put into effect at any time, in which
event the commission may require a bond which shall secure a
refund to persons entitled thereto of the amount, if any,
finally determined to be excessive. The application and the bond
in terms, amount and sureties shall be subject to the
commission's approval.

     (e) As ordered by the commission, the utility shall
promptly refund to persons entitled thereto all amounts
collected by it in excess of the final rates approved by the
commission plus reasonable interest at a rate to be determined
by the commission, and as ordered by the commission and upon
such time and conditions as the commission shall specify, shall
promptly pay all amounts not so refunded to the general fund of
Wyoming.

     (f) In any case involving a proposed change in rates, the
commission may permit the utility to make effective without
suspension only that portion of the change which the commission
may determine to be proper under the circumstances.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1980–2024 · leading case: N. Utils., Inc. v. Pub. Serv. Comm'n, 617 P.2d 1079 (Wyo. 1980).

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N. Utils., Inc. v. Pub. Serv. Comm'n, 617 P.2d 1079 (Wyo. 1980). · cites it 33× “K-N's interim rate increase Application is defective in the same manner as the general rate Applications, and provides no reasonable basis for determining the K-N's total earnings picture for exercise of the Commission's discretion under W.S. 37-3-106." [1] See footnote 1 of…”

McCulloch Gas Transmission Co. v. Pub. Serv. Comm'n, 627 P.2d 173 (Wyo. 1981). · cites it 18× “Pursuant to W.S. 37-3-106 (1977)[ [1] ] as may be amended and the rate filing requirements of this Chapter, a utility may file an application to pass on to its utility customers in their rates, prospective cost increases in the utility's wholesale utility commodity; and the same…”

Mountain Fuel Supply Co. v. Pub. Serv. Comm'n of Wyoming, 662 P.2d 878 (Wyo. 1983). · cites it 3× “Mountain Fuel concedes in its reply brief that the real question concerning the methodology for choosing a particular test year is whether the rates derived from the use of the selected methodology comply with this standard.”

PacifiCorp v. Pub. Serv. Com'n of Wyo., 2004 WY 164 (Wyo. 2004). · cites it 4× “Pursuant to W.S. 37-3-106 (1977) as may be amended and the rate filing requirements of this Chapter, a utility may file an application to pass on to its utility customers in their rates, known or prospective cost increases or decreases in the utility's wholesale utility…”

Spence v. Smyth, 686 P.2d 597 (Wyo. 1984). · cites it 4× “, 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 sought by a public utility, the burden of proof to show that the increased rate or charge is…”

Williston Basin Interstate Pipeline Co. v. Wyoming Pub. Serv. Comm'n, 996 P.2d 663 (Wyo. 2000). · cites it 4× “Pursuant to Wyo. Stat. Ann. § 37-3-106 (c)(LEXIS 1999), 2 the PSC suspended the proposed actions for six months, to allow for investigation.”

Montana Dakota Utils. Co. v. Pub. Serv. Comm'n, 847 P.2d 978 (Wyo. 1993). “Pursuant to W.S. 37-3-106 (1977) as may be amended and the rate filing requirements of this Chapter, a utility may file an application to pass on to its utility customers in their rates, prospective cost increases in the utility’s wholesale utility commodity; and the same will…”

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 6× “Wyo. Stat. Ann. § 37-3-106 (a). [¶21] In holding that “[b]ecause of its use for the same purpose, to provide compensation to customer generators for unused kilowatt-hours, as in Wyoming Statute 37-16-103(b), the utility’s avoided cost rate is rightly presumed fair and just…”

Mountain States Tel. & Tel. Co. v. Pub. Serv. Comm'n, 698 P.2d 627 (Wyo. 1985). · cites it 2× “Section 37-3-106(a), W.S.1977. When the utility fails to meet its burden, that expense is properly excluded.”

Montana-Dakota Utils. Co. v. Pub. Serv. Comm'n, 874 P.2d 236 (Wyo. 1994). · cites it 2× “The history of the rate setting is as follows: (a)Pursuant to W.S. § 37-3-106 and Commission Rules Sections 41 and 42, the Commission authorized the wholesale gas cost pass-on rate increase of $0,363 per Dth, subject to notice and public hearing, which was the pass-on amount…”

Mt. States Tel. & Tel. Co. v. Pub. Serv. Com'n, 698 P.2d 627 (Wyo. 1985). · cites it 2× “Section 37-3-106(a), W.S. 1977. When the utility fails to meet its burden, that expense is properly excluded.”

— Wyo. Stat. § 37-3-106(a) — 7 cases

McCulloch Gas Transmission Co. v. Pub. Serv. Comm'n, 627 P.2d 173 (Wyo. 1981). “Pursuant to W.S. 37-3-106 (1977)[ [1] ] as may be amended and the rate filing requirements of this Chapter, a utility may file an application to pass on to its utility customers in their rates, prospective cost increases in the utility's wholesale utility commodity; and the same…”

Mountain Fuel Supply Co. v. Pub. Serv. Comm'n of Wyoming, 662 P.2d 878 (Wyo. 1983). “Mountain Fuel concedes in its reply brief that the real question concerning the methodology for choosing a particular test year is whether the rates derived from the use of the selected methodology comply with this standard.”

N. Utils., Inc. v. Pub. Serv. Comm'n, 617 P.2d 1079 (Wyo. 1980). “K-N's interim rate increase Application is defective in the same manner as the general rate Applications, and provides no reasonable basis for determining the K-N's total earnings picture for exercise of the Commission's discretion under W.S. 37-3-106." [1] See footnote 1 of…”

Spence v. Smyth, 686 P.2d 597 (Wyo. 1984). “, 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 sought by a public utility, the burden of proof to show that the increased rate or charge is…”

PacifiCorp v. Pub. Serv. Com'n of Wyo., 2004 WY 164 (Wyo. 2004). “Pursuant to W.S. 37-3-106 (1977) as may be amended and the rate filing requirements of this Chapter, a utility may file an application to pass on to its utility customers in their rates, known or prospective cost increases or decreases in the utility's wholesale utility…”

— Wyo. Stat. § 37-3-106(c) — 3 cases

— Wyo. Stat. § 37-3-106(d) — 1 case

— Wyo. Stat. § 37-3-106(e) — 1 case

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