HB0192

Requires electric utilities to prepare and submit wildfire mitigation plans for commission approval, establishes procedures for plan review and cost recovery, and limits utility liability for wildfire damages.

• Defines key terms including 'economic loss' (pecuniary losses such as medical expenses, business interruption, and property damage), 'electric utility' (persons primarily engaged in generation, transmission or sale of electric energy, excluding municipally-owned utilities), and 'wildfire' (unplanned fires in Wyoming that may impact natural resources, agricultural resources, homes, property, or lives). (W.S. 37-3-401)
• Requires each electric utility to prepare a wildfire mitigation plan containing minimum elements: service territory description, inspection and operation procedures, vegetation management standards, proposed facility modifications and upgrades, changes over the preceding five years, coordination with other utilities, de-energization procedures and considerations, system restoration procedures, estimated incremental costs and rate impacts, community outreach efforts, and emergency coordinator participation. (W.S. 37-3-403(a))
• Establishes a 120-day review and approval process for wildfire mitigation plans submitted to the commission. The commission shall approve plans that are reasonable, in the public interest, and appropriately balance implementation costs with wildfire risks. For rate-regulated utilities, plan approval does not automatically authorize cost recovery. (W.S. 37-3-404(a)-(b))
• Requires electric utilities to submit updated wildfire mitigation plans to the commission every five years or as ordered by the commission, and to file annual compliance reports by June 1 requesting a commission order finding substantial compliance with the approved plan. (W.S. 37-3-404(c)-(d))
• Establishes a presumption in civil actions that an approved wildfire mitigation plan represents reasonable and prudent wildfire preparation and mitigation. (W.S. 37-3-405(a))
• Limits plaintiff recovery of economic losses from electric utilities for wildfire damage to cases where the plaintiff proves by preponderance of evidence either that the utility failed to substantially comply with its approved wildfire mitigation plan and that failure caused the damages, or that the utility acted with malice or criminal intent causing the damages. Utilities are deemed to have substantially complied if they attempted in good faith to comply but were denied or unreasonably delayed access to rights-of-way.