37-3-116. Electric utility service agreements.

(a) An electric utility may enter into a service agreement as specified in subsection (d) of this section, provided that the terms and conditions of the agreement:

(i) Are expected to result in revenue to the utility in an amount that exceeds the expected cost to serve the customer's projected electric usage;

(ii) Shall not result in obligating other customers for any utility investments or any direct, indirect or reasonably assigned costs related to the utility's service to the customer under the agreement. For purposes of this paragraph, investments and costs include known or reasonably ascertainable expenses for power supply, electric transmission and distribution and administrative, general, financial and other costs related to the agreement;

(iii) Provide benefits to other customers without imposing additional current or future costs.

(b) An electric utility shall retain for its owners any profits or losses that result from entering into an agreement with a customer pursuant to this section.

(c) Regulated utilities entering into agreements under this section shall report to the commission at least once every three (3) years as to the impacts on other rate payers.

(d) This section shall only apply to service agreements:

(i) Between an electric utility and a customer with projected electric usage greater than five (5) megawatts;

(ii) For services provided under a tariff approved by the commission consistent with its authority under W.S. 37-2-121.