Section 37-2-134 - Electric generation facility closures; presumption; commission review(a) As used in this section: (i) "Dispatchable" means as defined in W.S. 37-18-101(a)(ii) and includes dispatchability;(ii) "Retirement" or "retired" means the closure of or the complete and permanent cessation of operations at an electric generation facility. "Retirement" or "retired" shall not include: (A) An electric generation facility that is closed in order to facilitate a conversion to, or replacement with, an advanced nuclear reactor that is operated in accordance with W.S. 35-11-2101;(B) Any closure mandated by federal law; or(C) Any closure resulting from federal environmental requirements to where it is no longer cost effective for the facility to continue operating.(iii) "Electric generation facility" means a facility located in Wyoming that uses coal or natural gas to generate reliable and dispatchable electricity for provision to customers;(iv) "Reliable" means as defined in W.S. 37-18-101(a)(iv).(b) Before authorizing or approving the retirement of an electric generation facility as proposed in a rate case, integrated resource plan or other submission to the commission, the commission shall consider the effect on available reliable, dispatchable electricity to Wyoming customers and the impact that any shortage of available energy nationwide may have on Wyoming customers.(c) There shall be a rebuttable presumption against the retirement of an electric generation facility. The commission shall not approve the retirement of an electric generation facility unless the presumption created by this subsection is rebutted by evidence deemed sufficient by the commission to establish that: (i) Cost savings will result to customers as a result of the retirement of the electric generation facility;(ii) The retirement will not result in an insufficient amount of reliable and dispatchable capacity to serve Wyoming customers; and(iii) The retirement will not adversely impact the dispatchability or reliability of electric service to customers of the public utility.(d) The rate recovery limitations of W.S. 37-3-118 shall apply to a public utility that completes a retirement of an electric generation facility without rebutting the presumption specified in this section.(e) Nothing in this section shall be construed to relieve a public utility of the requirements to comply with W.S. 37-2-133 and 37-3-117 before the retirement of an electric generation facility.Amended by Laws 2022 , ch. 103, § 1, eff. 3/21/2022.Added by Laws 2021 , ch. 154, § 1, eff. 7/1/2021.