HB0139

Exempts certain retail electricity sales by non-regulated persons to specified customers from Public Service Commission regulation.

• Exempts retail electricity sales by non-regulated persons, cooperative electric utilities, or municipally-owned utilities to a single customer located within another public utility's certificated service territory from PSC regulation. (W.S. 37-1-101(a)(vi)(H)(XI)(1))
• Exempts retail electricity sales by non-regulated persons to not more than four customers with a combined electric load of at least five megawatts within another public utility's certificated service territory from PSC regulation. (W.S. 37-1-101(a)(vi)(H)(XI)(2))
• Exempts retail electricity sales by non-regulated persons to not more than four customers within another public utility's certificated service territory when the certificated utility fails to respond to a new service request within six months, cannot provide service within one year, or cannot agree on tariff terms with the customer. (W.S. 37-1-101(a)(vi)(H)(XI)(3))
• Clarifies that non-regulated persons selling electricity are subject to the excise tax on electricity sales under Wyoming tax law. (W.S. 39-15-103(a)(i)(E))
• Specifies that the exemptions apply only to tariffs, contracts, and agreements entered into on or after the effective date, while preserving existing agreements unless parties voluntarily modify them to conform with the new law. (Section 2)

Effective: July 1, 2026

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